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SF 1118

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

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

Current Version - 1st Engrossment

  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  1.5             superseded provisions; making miscellaneous technical 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 1994, sections 3A.01, subdivision 
  1.8             7; 3A.02, subdivision 1; 3A.11, subdivision 4; 3C.10, 
  1.9             subdivision 3; 9.071; 11A.18, subdivision 10; 13.99, 
  1.10            subdivision 92c; 15.061; 15.56, subdivision 5; 
  1.11            17.1015; 29.021; 31.495, subdivisions 1 and 5; 32.01, 
  1.12            subdivision 6; 60B.02; 72A.20, subdivision 29; 72C.03; 
  1.13            72C.04, subdivision 4; 82.34, subdivision 6; 84.025, 
  1.14            subdivision 7; 84.0895, subdivision 2; 84.0911, 
  1.15            subdivision 2; 85.016; 90.251, subdivision 4; 92.46, 
  1.16            subdivision 1; 97A.115, subdivision 2; 103F.516, 
  1.17            subdivision 2; 103G.2365; 116.03, subdivision 2; 
  1.18            116C.724, subdivision 2; 116C.98, subdivision 3; 
  1.19            116J.035, subdivision 1; 116J.402; 116J.70, 
  1.20            subdivision 2a; 124.916, subdivision 1; 126.25, 
  1.21            subdivision 3; 134.341; 136A.40; 144.3831, subdivision 
  1.22            1; 145A.07, subdivision 1; 147.01, subdivision 5; 
  1.23            154.161, subdivision 3; 162.09, subdivision 1; 
  1.24            192.261, subdivision 3; 192.501, subdivision 2; 
  1.25            193.36, subdivision 2; 201.15, subdivision 1; 270.69, 
  1.26            subdivision 10; 271.21, subdivision 6; 275.066; 
  1.27            290.01, subdivisions 3a and 19d; 290.05, subdivision 
  1.28            3; 294.03, subdivision 2; 297A.25, subdivision 21; 
  1.29            299F.72, subdivision 1; 299L.05; 299L.07, subdivision 
  1.30            2a; 308A.503, subdivision 3; 317A.733, subdivisions 1 
  1.31            and 2; 340A.503, subdivision 1; 349.12, subdivision 
  1.32            25; 349.17, subdivision 6; 352.01, subdivision 2a; 
  1.33            354.07, subdivision 7; 360.305, subdivisions 1, 2, and 
  1.34            5; 365.125, subdivision 2; 383A.90, subdivision 2; 
  1.35            383D.71, subdivision 2; 462C.12, subdivision 2; 
  1.36            473.121, subdivision 11; 473.149, subdivision 4; 
  1.37            473.192, subdivision 4; 473.3993, subdivision 1; 
  1.38            473.405, subdivisions 1 and 12; 473.598, subdivision 
  1.39            4; 473.599, subdivision 8; 473.811, subdivisions 1a 
  1.40            and 5; 473.834, subdivision 2; 474A.061, subdivision 
  1.41            2a; 518.551, subdivision 5; 518C.101; 524.2-210; 
  1.42            525.011, subdivision 1; 554.04, subdivision 2; 
  1.43            609.342, subdivision 1; 609.561, subdivision 3; and 
  1.44            609.66, subdivision 1d; Laws 1993, chapter 273, 
  1.45            section 1, as amended; Laws 1994, chapter 628, article 
  1.46            2, section 5; and Laws 1994, chapter 647, article 7, 
  2.1             section 19, subdivision 4; repealing Minnesota 
  2.2             Statutes 1994, sections 13.99, subdivision 71; 
  2.3             103B.151, subdivision 3; 134.32, subdivision 2; 
  2.4             256B.0925; 297A.25, subdivision 50; 383B.614, 
  2.5             subdivision 5; 469.110, subdivision 9; 469.170, 
  2.6             subdivision 9; 611A.032; 624.01; and 624.03; Laws 
  2.7             1986, First Special Session chapter 1, article 9, 
  2.8             section 18; First Special Session chapter 2, article 
  2.9             3, section 1; Laws 1987, chapter 254, section 8; Laws 
  2.10            1988, chapter 486, section 59; Laws 1990, chapter 562, 
  2.11            article 10, section 1; Laws 1993, chapter 146, article 
  2.12            5, section 15; Laws 1994, chapter 485, section 14; 
  2.13            chapter 647, article 1, section 4; article 8, section 
  2.14            46, paragraph (b); article 13, sections 3 and 14. 
  2.16     Section 1.  Minnesota Statutes 1994, section 3A.01, 
  2.17  subdivision 7, is amended to read: 
  2.18     Subd. 7.  [AVERAGE MONTHLY SALARY.] "Average monthly 
  2.19  salary" means the average of the member's highest five 
  2.20  successive years of salary received as a member of the 
  2.21  legislature and upon which the member has made contributions 
  2.22  under section 3A.03, subdivision 1, payments for past service 
  2.23  under section 3A.02, subdivision 2, or payments in lieu of 
  2.24  contributions under Minnesota Statutes 1992, section 3A.031, 
  2.25  prior to July 1, 1994. 
  2.26     Sec. 2.  Minnesota Statutes 1994, section 3A.02, 
  2.27  subdivision 1, is amended to read: 
  2.28     Subdivision 1.  [QUALIFICATIONS.] (a) A former legislator 
  2.29  is entitled, upon written application to the director, to 
  2.30  receive a retirement allowance monthly, if the person: 
  2.31     (1) has served at least six full years, without regard to 
  2.32  the application of section 3A.10, subdivision 2, or has served 
  2.33  during all or part of four regular sessions as a member of the 
  2.34  legislature, which service need not be continuous; 
  2.35     (2) has attained the normal retirement age; 
  2.36     (3) has retired as a member of the legislature; and 
  2.37     (4) has made all contributions provided for in section 
  2.38  3A.03, has made payments for past service under subdivision 2, 
  2.39  or has made payments in lieu of contributions under Minnesota 
  2.40  Statutes 1992, section 3A.031, prior to July 1, 1994. 
  2.41     (b) For service rendered before the beginning of the 1979 
  2.42  legislative session, but not to exceed eight years of service, 
  3.1   the retirement allowance is an amount equal to five percent per 
  3.2   year of service of that member's average monthly salary.  For 
  3.3   service in excess of eight years rendered before the beginning 
  3.4   of the 1979 legislative session, and for service rendered after 
  3.5   the beginning of the 1979 legislative session, the retirement 
  3.6   allowance is an amount equal to 2-1/2 percent per year of 
  3.7   service of that member's average monthly salary. 
  3.8      (c) The retirement allowance accrues beginning with the 
  3.9   first day of the month of receipt of the application, but not 
  3.10  before age 60, and for the remainder of the former legislator's 
  3.11  life, if the former legislator is not serving as a member of the 
  3.12  legislature or as a constitutional officer or commissioner as 
  3.13  defined in section 352C.021, subdivisions 2 and 3.  The annuity 
  3.14  shall not begin to accrue prior to retirement as a legislator.  
  3.15  No annuity payment shall be made retroactive for more than 180 
  3.16  days before the date the annuity application is filed with the 
  3.17  director. 
  3.18     (d) Any member who has served during all or part of four 
  3.19  regular sessions is considered to have served eight years as a 
  3.20  member of the legislature. 
  3.21     (e) The retirement allowance ceases with the last payment 
  3.22  that accrued to the retired legislator during the retired 
  3.23  legislator's lifetime, except that the surviving spouse, if any, 
  3.24  is entitled to the retirement allowance for the calendar month 
  3.25  in which the retired legislator died. 
  3.26     Sec. 3.  Minnesota Statutes 1994, section 3A.11, 
  3.27  subdivision 4, is amended to read: 
  3.28     Subd. 4.  [AUTOMATIC INCREASES; EXCEPTION.] Notwithstanding 
  3.29  section 356.18 Increases in benefit payments pursuant to this 
  3.30  section will be made automatically unless the intended recipient 
  3.31  files written notice with the director requesting that the 
  3.32  increase shall not be made. 
  3.33     Sec. 4.  Minnesota Statutes 1994, section 3C.10, 
  3.34  subdivision 3, is amended to read: 
  3.35     Subd. 3.  [NEGOTIATED CONTRACTS.] The revisor's office may 
  3.36  negotiate for all or part of the editing, indexing, compiling, 
  4.1   and printing of Minnesota Statutes, supplements to Minnesota 
  4.2   Statutes, and Laws of Minnesota and contract with a law book 
  4.3   publisher for these services.  The provisions of chapter 16 16B 
  4.4   as they relate to competitive bidding do not apply to these 
  4.5   contracts.  No contract may be made until the revisor of 
  4.6   statutes has consulted with the legislative coordinating 
  4.7   commission.  Failure or refusal of the commission to make a 
  4.8   recommendation promptly shall be deemed an affirmative 
  4.9   recommendation.  
  4.10     Sec. 5.  Minnesota Statutes 1994, section 9.071, is amended 
  4.11  to read: 
  4.13     The council has the powers with respect to the: 
  4.14     (1) cancellation or compromise of claims due the state 
  4.15  provided in sections 10.12 to 10.15; 
  4.16     (2) timberlands provided in sections 90.031, 90.041, 
  4.17  90.151; 
  4.18     (3) (2) lands acquired from the United States provided in 
  4.19  section 94.50; 
  4.20     (4) (3) lands subject to delinquent drainage assessments 
  4.21  provided in section 84A.20; 
  4.22     (5) (4) transfer of lands between departments of state 
  4.23  government provided in section 15.16; 
  4.24     (6) (5) sale or exchange of lands within national forests 
  4.25  provided in sections 92.30 and 92.31; 
  4.26     (7) (6) approval of acquisition of land for camping or 
  4.27  parking area provided in sections 97A.135 and 97A.141; 
  4.28     (8) (7) modification of iron leases provided in section 
  4.29  93.191; 
  4.30     (9) (8) awarding permits to prospect for iron ore provided 
  4.31  in section 93.17; 
  4.32     (10) (9) approval of rules for issuance of permits to 
  4.33  prospect for minerals under state lands provided in section 
  4.34  93.08; 
  4.35     (11) (10) construction of dams provided in section 103G.545.
  4.36     Sec. 6.  Minnesota Statutes 1994, section 11A.18, 
  5.1   subdivision 10, is amended to read: 
  5.3   receiving the certification of the amount of the full 
  5.4   postretirement adjustment from the state board, each 
  5.5   participating public pension fund or plan shall determine the 
  5.6   amount of the postretirement adjustment payable to each eligible 
  5.7   annuitant and benefit recipient.  The dollar amount of the 
  5.8   postretirement adjustment shall be calculated by applying the 
  5.9   certified postretirement adjustment percentage to the amount of 
  5.10  the monthly annuity or benefit payable to each eligible 
  5.11  annuitant or benefit recipient eligible for a full adjustment.  
  5.12     The dollar amount of the partial postretirement adjustment 
  5.13  payable to each annuitant or benefit recipient eligible for a 
  5.14  partial adjustment shall be calculated by first determining a 
  5.15  partial percentage amount that bears the same ratio to the 
  5.16  certified full adjustment percentage amount as the number of 
  5.17  full months of annuity or benefit receipt as of the current June 
  5.18  30 bears to 12 full months.  The partial percentage amount 
  5.19  determined shall then be applied to the amount of the monthly 
  5.20  annuity or benefit payable to each annuitant or benefit 
  5.21  recipient eligible to receive a partial postretirement 
  5.22  adjustment.  The postretirement adjustments shall commence to be 
  5.23  paid on January 1 following the calculations required pursuant 
  5.24  to this section and shall thereafter be included in the monthly 
  5.25  annuity or benefit paid to the recipient.  Notwithstanding 
  5.26  section 356.18, Any adjustments pursuant to this section shall 
  5.27  be paid automatically unless the intended recipient files a 
  5.28  written notice with the applicable participating public pension 
  5.29  fund or plan requesting that the adjustment not be paid. 
  5.30     Sec. 7.  [REPEALER.] 
  5.31     Minnesota Statutes 1994, section 13.99, subdivision 71, is 
  5.32  repealed. 
  5.33     Sec. 8.  Minnesota Statutes 1994, section 13.99, 
  5.34  subdivision 92c, is amended to read: 
  5.35     Subd. 92c.  [SPORTS BOOKMAKING TAX.] Disclosure of facts 
  5.36  contained in a sports bookmaking tax return is prohibited by 
  6.1   section 349.2115, subdivision 8 297E.03, subdivision 8. 
  6.2      Sec. 9.  Minnesota Statutes 1994, section 15.061, is 
  6.3   amended to read: 
  6.5      Pursuant to the provisions of section 16B.17, the head of a 
  6.6   state department or agency may, with the approval of the 
  6.7   commissioner of administration, contract for consultant services 
  6.8   and professional and technical services in connection with the 
  6.9   operation of the department or agency.  A contract negotiated 
  6.10  under this section shall not be subject to the competitive 
  6.11  bidding requirements of chapter 16 16B. 
  6.12     Sec. 10.  Minnesota Statutes 1994, section 15.56, 
  6.13  subdivision 5, is amended to read: 
  6.14     Subd. 5.  [CONTRACTS BETWEEN AGENCIES.] Sending and 
  6.15  receiving agencies may contract for the services of interchanged 
  6.16  employees and by contract arrange for the method and amount of 
  6.17  payment for employees and other terms of their employment, so 
  6.18  far as not governed by sections 15.51 to 15.57.  Any interchange 
  6.19  of employees contemplated by a department, agency, or 
  6.20  instrumentality of the state which is subject to the provisions 
  6.21  of chapter 16 16B, shall be submitted for review to the 
  6.22  commissioner of administration before arrangements are entered 
  6.23  into for such interchange.  
  6.24     Sec. 11.  Minnesota Statutes 1994, section 17.1015, is 
  6.25  amended to read: 
  6.26     17.1015 [PROMOTIONAL EXPENDITURES.] 
  6.27     In order to accomplish the purposes of section 17.101, the 
  6.28  commissioner may participate jointly with private persons in 
  6.29  appropriate programs and projects and may enter into contracts 
  6.30  to carry out those programs and projects.  The contracts may not 
  6.31  include the acquisition of land or buildings and are not subject 
  6.32  to the provisions of chapter 16 16B relating to competitive 
  6.33  bidding. 
  6.34     The commissioner may spend money appropriated for the 
  6.35  purposes of section 17.101, and expenditures made pursuant to 
  6.36  section 17.101 for food, lodging, or travel are not governed by 
  7.1   the travel rules of the commissioner of employee relations.  
  7.2      Sec. 12.  Minnesota Statutes 1994, section 29.021, is 
  7.3   amended to read: 
  7.5      The commissioner of agriculture shall have the power to 
  7.6   employ such persons as are necessary to carry out the provisions 
  7.7   of sections 29.021 to 29.081, and to fix all salaries and 
  7.8   provide for expenses generally not inconsistent with law.  The 
  7.9   commissioner is authorized and directed to formulate and adopt 
  7.10  plans whereby owners of poultry flocks and poultry breeding 
  7.11  flocks may, upon application, have their flocks culled, 
  7.12  inspected, and supervised, to the end that these flocks may be 
  7.13  accredited and certified for standard type and egg quality and 
  7.14  production; and likewise, poultry hatcheries and dealers may be 
  7.15  accredited and certified as hatching and selling products 
  7.16  produced only from accredited and certified flocks.  The 
  7.17  commissioner is authorized to make, publish, and enforce rules 
  7.18  to these ends, not inconsistent with law, and to define, 
  7.19  prescribe, and authorize the use of uniform terminology to apply 
  7.20  to varying degrees of accreditation and certification.  The 
  7.21  commissioner is authorized to adopt the "standard breeding plan" 
  7.22  of accreditation and certification sponsored by the United 
  7.23  States Department of Agriculture, or any other plan, and to 
  7.24  cooperate with that department in matters of poultry 
  7.25  improvement, egg quality and production.  The commissioner is 
  7.26  authorized to prescribe and collect fees for inspection and 
  7.27  supervision, and to prescribe and furnish labels, leg bands, and 
  7.28  certificates of accreditation and certification and such other 
  7.29  supplies as may be necessary, and to prescribe and collect fees 
  7.30  for the same.  Fees shall be fixed by the commissioner at the 
  7.31  beginning of each fiscal year and reviewed and adjusted, if 
  7.32  necessary, at the end of each six-month period in order that the 
  7.33  fees prescribed shall, insofar as practicable, cover the cost of 
  7.34  all services rendered.  The commissioner is authorized to do 
  7.35  such other things as the commissioner may deem needful and 
  7.36  expedient to improve poultry breeding and practices and egg 
  8.1   quality and production and to give effect to sections 29.021 to 
  8.2   29.091 29.081, in connection with those parties who wish to 
  8.3   comply with the programs promulgated in accordance with this 
  8.4   section. 
  8.5      Sec. 13.  Minnesota Statutes 1994, section 31.495, 
  8.6   subdivision 1, is amended to read: 
  8.7      Subdivision 1.  [APPLICATIONS.] For the purposes of this 
  8.8   section and section 31.496, the terms defined in this 
  8.9   subdivision have the meanings given them: 
  8.10     (a) "Distressed food" means any food, the label of which 
  8.11  has been lost, defaced, or obliterated, or food which has been 
  8.12  subjected to possible damage due to accident, fire, flood, 
  8.13  adverse weather, or to any other similar cause; or food which is 
  8.14  suspected of having been rendered unsafe or unsuitable for food 
  8.15  use.  
  8.16     (b) "Reconditionable or salvageable food" is distressed 
  8.17  food which it is possible to reclaim for food, feed, or seed use 
  8.18  as determined by examination by the commissioner or the 
  8.19  commissioner's representatives.  
  8.20     (c) "Reconditioned or salvaged food" is reconditionable or 
  8.21  salvageable food which has been reconditioned or salvaged under 
  8.22  supervision of the commissioner so as to comply with the 
  8.23  standards established under this section.  
  8.24     (d) "Reconditioning" or "salvaging" is the act of cleaning, 
  8.25  culling, sorting, scouring, labeling, relabeling, or in any way 
  8.26  treating "distressed food" so that it may be deemed to be 
  8.27  "reconditioned" or "salvaged food" and therefore is acceptable 
  8.28  for sale or use as human food, animal feed, or seed as provided 
  8.29  therefor by the commissioner.  
  8.30     (e) "Salvage food processor" is a person who holds a 
  8.31  license under section 28A.04 to operate as a salvage food 
  8.32  processor and who receives supervision of the salvaging 
  8.33  operations from the commissioner.  
  8.34     (f) "Labeling" means any legend or descriptive matter or 
  8.35  design appearing upon an article of food or its container, and 
  8.36  includes circulars, pamphlets and the like, which are packed and 
  9.1   go with the article to the purchaser, and placards which may be 
  9.2   allowed to be used to describe the food.  
  9.3      (g) "Salvage food distributor" means a person who engages 
  9.4   in the business of selling, distributing, or otherwise 
  9.5   trafficking at wholesale in any distressed or salvaged food. 
  9.6      Sec. 14.  Minnesota Statutes 1994, section 31.495, 
  9.7   subdivision 5, is amended to read: 
  9.8      Subd. 5.  [EXCEPTIONS.] The provisions of this section and 
  9.9   section 31.496 do not apply to:  
  9.10     (a) any food manufacturer, distributor, retailer, or 
  9.11  processor who in the normal course of the business of 
  9.12  manufacturing, processing, retailing, or distributing of food 
  9.13  engages in the activities of reconditioning and salvaging 
  9.14  distressed food manufactured, distributed or processed by or for 
  9.15  that person and not purchased by that person solely for the 
  9.16  purpose of reconditioning, salvaging, and sale; or 
  9.17     (b) any person who reassembles or disposes of undamaged 
  9.18  food which is from lots in which food or packaging materials or 
  9.19  containers are damaged in the normal course of commerce or while 
  9.20  in that person's possession and which is not purchased by that 
  9.21  person solely for the purpose of reconditioning, salvaging, and 
  9.22  sale, or any common carrier or agent of the common carrier who 
  9.23  disposes of or otherwise transfers undamaged or distressed food 
  9.24  to a person exempt under this section or to a salvage food 
  9.25  processor who holds a valid license under this section; or 
  9.26     (c) any person who stores, handles or processes grain or 
  9.27  oil seeds in the normal course of business except when such 
  9.28  person purchases for the purpose of reconditioning, salvaging, 
  9.29  and sale as human food grain or oil seeds contaminated by bird, 
  9.30  rodent or animal excreta or by chemicals poisonous, injurious or 
  9.31  detrimental to human life or health. 
  9.32     Sec. 15.  Minnesota Statutes 1994, section 32.01, 
  9.33  subdivision 6, is amended to read: 
  9.34     Subd. 6.  [DAIRY PLANT.] "Dairy plant" means any place 
  9.35  where a dairy product is manufactured, processed, or handled and 
  9.36  includes milk-receiving stations, creameries, cheese factories, 
 10.1   condenseries, milk plants, transfer stations, cream stations, 
 10.2   marketing organizations not operating dairy plants, but 
 10.3   purchasing milk and cream directly from producers for resale, 
 10.4   and other establishments, as those terms are used in this 
 10.5   chapter and chapters 17, 27, 31, 32A, 32B, and 33; but does not 
 10.6   include a dairy farm or an establishment where no dairy products 
 10.7   are processed, but dairy products are sold at wholesale or 
 10.8   retail only.  
 10.9      Sec. 16.  Minnesota Statutes 1994, section 60B.02, is 
 10.10  amended to read: 
 10.11     60B.02 [PERSONS COVERED.] 
 10.12     The proceedings authorized by sections 60B.01 to 60B.61 may 
 10.13  be applied to: 
 10.14     (1) All insurers who are doing, or have done, an insurance 
 10.15  business in this state, and against whom claims arising from 
 10.16  that business may exist now or in the future; 
 10.17     (2) All insurers who purport to do an insurance business in 
 10.18  this state; 
 10.19     (3) All insurers who have insureds resident in this state; 
 10.20     (4) All other persons organized or in the process of 
 10.21  organizing with the intent to do an insurance business in this 
 10.22  state; and 
 10.23     (5) All nonprofit service plan corporations incorporated or 
 10.24  operating under the nonprofit health service plan corporation 
 10.25  act, any health plan incorporated under chapter 317A, all 
 10.26  fraternal benefit societies operating under chapter 64B, except 
 10.27  those associations enumerated in section 64B.38, all assessment 
 10.28  benefit associations operating under chapter 63, all township 
 10.29  mutual or other companies operating under chapter 67A, and all 
 10.30  reciprocals or interinsurance exchanges operating under chapter 
 10.31  71A.  
 10.32     Sec. 17.  Minnesota Statutes 1994, section 72A.20, 
 10.33  subdivision 29, is amended to read: 
 10.34     Subd. 29.  [HIV TESTS; CRIME VICTIMS.] No insurer regulated 
 10.35  under chapter 61A or 62B, or providing health, medical, 
 10.36  hospitalization, or accident and sickness insurance regulated 
 11.1   under chapter 62A, or nonprofit health services corporation 
 11.2   regulated under chapter 62C, health maintenance organization 
 11.3   regulated under chapter 62D, or fraternal benefit society 
 11.4   regulated under chapter 64B, may: 
 11.5      (1) obtain or use the performance of or the results of a 
 11.6   test to determine the presence of the human immune deficiency 
 11.7   virus (HIV) antibody performed on an offender under section 
 11.8   611A.19 or performed on a crime victim who was exposed to or had 
 11.9   contact with an offender's bodily fluids during commission of a 
 11.10  crime that was reported to law enforcement officials, in order 
 11.11  to make an underwriting decision, cancel, fail to renew, or take 
 11.12  any other action with respect to a policy, plan, certificate, or 
 11.13  contract; 
 11.14     (2) obtain or use the performance of or the results of a 
 11.15  test to determine the presence of the human immune deficiency 
 11.16  virus (HIV) antibody performed on a patient pursuant to sections 
 11.17  144.761 to 144.7691, or performed on emergency medical services 
 11.18  personnel pursuant to the protocol under section 144.762, 
 11.19  subdivision 2, in order to make an underwriting decision, 
 11.20  cancel, fail to renew, or take any other action with respect to 
 11.21  a policy, plan, certificate, or contract; for purposes of this 
 11.22  clause, "patient" and "emergency medical services personnel" 
 11.23  have the meanings given in section 144.761; or 
 11.24     (3) ask an applicant for coverage or a person already 
 11.25  covered whether the person has:  (i) had a test performed for 
 11.26  the reason set forth in clause (1) or (2); or (ii) been the 
 11.27  victim of an assault or any other crime which involves bodily 
 11.28  contact with the offender. 
 11.29     A question that purports to require an answer that would 
 11.30  provide information regarding a test performed for the reason 
 11.31  set forth in clause (1) or (2) may be interpreted as excluding 
 11.32  this test.  An answer that does not mention the test is 
 11.33  considered to be a truthful answer for all purposes.  An 
 11.34  authorization for the release of medical records for insurance 
 11.35  purposes must specifically exclude any test performed for the 
 11.36  purpose set forth in clause (1) or (2) and must be read as 
 12.1   providing this exclusion regardless of whether the exclusion is 
 12.2   expressly stated.  This subdivision does not affect tests 
 12.3   conducted for purposes other than those described in clause (1) 
 12.4   or (2), including any test to determine the presence of the 
 12.5   human immune deficiency virus (HIV) antibody if such test was 
 12.6   performed at the insurer's direction as part of the insurer's 
 12.7   normal underwriting requirements. 
 12.8      Sec. 18.  Minnesota Statutes 1994, section 72C.03, is 
 12.9   amended to read: 
 12.10     72C.03 [SCOPE.] 
 12.11     Except as otherwise specifically provided, sections 72C.01 
 12.12  to 72C.13 shall apply to all policies or contracts of direct 
 12.13  insurance, issued by persons authorized at any time to transact 
 12.14  insurance in this state and including nonprofit health service 
 12.15  plan corporations under chapter 62C, health maintenance 
 12.16  organizations under chapter 62D, assessment benefit associations 
 12.17  under chapter 63, and fraternal benefit societies under chapter 
 12.18  64B.  Sections 72C.01 to 72C.13 shall not apply to insurance as 
 12.19  described in section 60A.20, subdivision 17, clauses (2) and 
 12.20  (3), and the master contract for any policy of group insurance 
 12.21  when the group consists of ten or more persons.  Sections 72C.01 
 12.22  to 72C.13 shall not apply to policies or contracts issued prior 
 12.23  to July 1, 1980 under which there is no unilateral right of the 
 12.24  insurer to cancel, nonrenew, amend or change in any way, unless 
 12.25  the policy or contract is amended or changed by mutual agreement 
 12.26  of the parties.  Sections 72C.01 to 72C.13 shall not apply to an 
 12.27  insurance policy or contract which is a security subject to 
 12.28  federal jurisdiction, nor shall they apply to a new policy or 
 12.29  contract written in language other than English. 
 12.30     Sec. 19.  Minnesota Statutes 1994, section 72C.04, 
 12.31  subdivision 4, is amended to read: 
 12.32     Subd. 4.  "Insurance policy or contract" or "policy" means 
 12.33  any written agreement within the scope of sections 72C.01 to 
 12.34  72C.13 whereby one person, for consideration, undertakes to 
 12.35  indemnify another person or persons to a specified amount 
 12.36  against loss or damages from specified causes, or to do some act 
 13.1   of value to the insured in case of specified loss or damage.  
 13.2   The agreements specifically include a nonprofit health service 
 13.3   plan subscriber contract under chapter 62C, a health maintenance 
 13.4   contract under chapter 62D, and a membership certificate in an 
 13.5   assessment benefit association under chapter 63, or a fraternal 
 13.6   benefit society under chapter 64B. 
 13.7      Sec. 20.  Minnesota Statutes 1994, section 82.34, 
 13.8   subdivision 6, is amended to read: 
 13.9      Subd. 6.  The commissioner may expend money as appropriated 
 13.10  for the following purposes: 
 13.11     (a) To promote the advancement of education and research in 
 13.12  the field of real estate for the benefit of those licensed under 
 13.13  this chapter; 
 13.14     (b) To underwrite educational seminars and other forms of 
 13.15  educational projects for the benefit of real estate licensees; 
 13.16     (c) To establish a real estate chair or courses at 
 13.17  Minnesota state institutions of higher learning for the purpose 
 13.18  of making such courses available to licensees and the general 
 13.19  public; 
 13.20     (d) To contract for a particular educational or research 
 13.21  project in the field of real estate to further the purposes of 
 13.22  this chapter; 
 13.23     (e) To pay the costs of the real estate advisory council 
 13.24  established under section 82.30; 
 13.25     (f) To pay any reasonable costs and disbursements, 
 13.26  excluding attorney's fees, incurred in defending actions against 
 13.27  the real estate education, research and recovery fund including 
 13.28  the cost of mailing or publication of notice pursuant to 
 13.29  subdivision 14; and 
 13.30     (g) (f) To provide information to the public on housing 
 13.31  issues, including but not limited to, environmental safety and 
 13.32  housing affordability. 
 13.33     Sec. 21.  Minnesota Statutes 1994, section 84.025, 
 13.34  subdivision 7, is amended to read: 
 13.35     Subd. 7.  [CONTRACTS.] The commissioner of natural 
 13.36  resources may contract with the federal government, local 
 14.1   governmental units, the University of Minnesota, and other 
 14.2   educational institutions, and private persons as may be 
 14.3   necessary in the performance of duties.  Contracts made pursuant 
 14.4   to this section for professional services shall not be subject 
 14.5   to the provisions of chapter 16 16B, as they relate to 
 14.6   competitive bidding. 
 14.7      Sec. 22.  Minnesota Statutes 1994, section 84.0895, 
 14.8   subdivision 2, is amended to read: 
 14.9      Subd. 2.  [APPLICATION.] (a) Subdivision 1 does not apply 
 14.10  to: 
 14.11     (1) plants on land classified for property tax purposes as 
 14.12  class 2a or 2c agricultural land under section 273.13, or on 
 14.13  ditches and roadways; and 
 14.14     (2) noxious weeds designated pursuant to sections 18.171 to 
 14.15  18.315 18.76 to 18.88 or to weeds otherwise designated as 
 14.16  troublesome by the department of agriculture. 
 14.17     (b) If control of noxious weeds is necessary, it takes 
 14.18  priority over the protection of endangered plant species, as 
 14.19  long as a reasonable effort is taken to preserve the endangered 
 14.20  plant species first. 
 14.21     (c) The taking or killing of an endangered plant species on 
 14.22  land adjacent to class 3 or 3b agricultural land as a result of 
 14.23  the application of pesticides or other agricultural chemical on 
 14.24  the class 3 or 3b land is not a violation of subdivision 1, if 
 14.25  reasonable care is taken in the application of the pesticide or 
 14.26  other chemical to avoid impact on adjacent lands.  For the 
 14.27  purpose of this paragraph, class 3 or 3b agricultural land does 
 14.28  not include timber land, waste land, or other land for which the 
 14.29  owner receives a state paid wetlands or native prairie tax 
 14.30  credit. 
 14.31     (d) The accidental taking of an endangered plant, where the 
 14.32  existence of the plant is not known at the time of the taking, 
 14.33  is not a violation of subdivision 1.  
 14.34     Sec. 23.  Minnesota Statutes 1994, section 84.0911, 
 14.35  subdivision 2, is amended to read: 
 14.36     Subd. 2.  [RECEIPTS.] Money received from the sale of wild 
 15.1   rice licenses issued by the commissioner under section 84.091, 
 15.2   subdivision 3, clauses (1) and (3), shall be credited to 
 15.3   the game and fish fund wild rice management account.  
 15.4      Sec. 24.  Minnesota Statutes 1994, section 85.016, is 
 15.5   amended to read: 
 15.6      85.016 [BICYCLE TRAIL PROGRAM.] 
 15.7      The commissioner of natural resources shall establish a 
 15.8   program for the development of bicycle trails utilizing the 
 15.9   state trails authorized by section 85.015, other state parks and 
 15.10  recreation land, and state forests.  "Bicycle trail," as used in 
 15.11  this section, has the meaning given in section 169.01.  The 
 15.12  program shall be coordinated with the local park trail grant 
 15.13  program established by the commissioner of trade and economic 
 15.14  development pursuant to section 116J.406 85.019, with the 
 15.15  bikeway program established by the commissioner of 
 15.16  transportation pursuant to section 160.265, and with existing 
 15.17  and proposed local bikeways.  In the metropolitan area as 
 15.18  defined in section 473.121, the program shall be developed in 
 15.19  accordance with plans and priorities established by the 
 15.20  metropolitan council.  The commissioner shall provide technical 
 15.21  assistance to local units of government in planning and 
 15.22  developing bicycle trails in local parks.  The bicycle trail 
 15.23  program shall, as a minimum, describe the location, design, 
 15.24  construction, maintenance, and land acquisition needs of each 
 15.25  component trail and shall give due consideration to the model 
 15.26  standards for the establishment of recreational vehicle lanes 
 15.27  promulgated by the commissioner of transportation pursuant to 
 15.28  section 160.262.  The program shall be developed after 
 15.29  consultation with the state trail council and regional and local 
 15.30  units of government and bicyclist organizations. 
 15.31     Sec. 25.  Minnesota Statutes 1994, section 90.251, 
 15.32  subdivision 4, is amended to read: 
 15.33     Subd. 4.  No state timber shall ever be scaled for or on 
 15.34  behalf of the state by any person except a state appraiser or 
 15.35  scaler except as provided otherwise by the commissioner, and as 
 15.36  far as practicable the scaler and appraiser shall not be the 
 16.1   same person for any timber cut under a permit.  No scale, count, 
 16.2   measurement, or estimate of state timber officially made and 
 16.3   reported by any state appraiser or scaler shall ever be changed 
 16.4   or altered by any other person, nor superseded or set aside in 
 16.5   any manner except as expressly provided in this chapter.  
 16.6   Reappraisals of unsold state land or timber may be made when 
 16.7   deemed advisable by the commissioner.  Except as herein 
 16.8   expressly provided and as generally authorized by section 10.12 
 16.9   16D.09, no claim of the state for timber from state lands shall 
 16.10  ever be settled or discharged for less than the full amount 
 16.11  thereof as shown by the scale or estimate of scalers, or of 
 16.12  state appraisers, as the case may be. 
 16.13     Sec. 26.  Minnesota Statutes 1994, section 92.46, 
 16.14  subdivision 1, is amended to read: 
 16.15     Subdivision 1.  [PUBLIC CAMPGROUNDS.] (a) The director may 
 16.16  designate suitable portions of the state lands withdrawn from 
 16.17  sale and not reserved, as provided in section 92.45, as 
 16.18  permanent state public campgrounds.  The director may have the 
 16.19  land surveyed and platted into lots of convenient size, and 
 16.20  lease them for cottage and camp purposes under terms and 
 16.21  conditions the director prescribes, subject to the provisions of 
 16.22  this section.  
 16.23     (b) A lease may not be for a term more than 20 years.  The 
 16.24  lease may allow renewal, from time to time, for additional terms 
 16.25  of no longer than 20 years each.  The lease may be canceled by 
 16.26  the commissioner 90 days after giving the person leasing the 
 16.27  land written notice of violation of lease conditions.  The lease 
 16.28  rate shall be based on the appraised value of leased land as 
 16.29  determined by the commissioner of natural resources and shall be 
 16.30  adjusted by the commissioner at the fifth, tenth, and 15th 
 16.31  anniversary of the lease, if the appraised value has increased 
 16.32  or decreased.  For leases that are renewed in 1991 and following 
 16.33  years, the lease rate shall be five percent of the appraised 
 16.34  value of the leased land.  The appraised value shall be the 
 16.35  value of the leased land without any private improvements and 
 16.36  must be comparable to similar land without any improvements 
 17.1   within the same county.  The minimum appraised value that the 
 17.2   commissioner assigns to the leased land must be substantially 
 17.3   equal to the county assessor's estimated market value of similar 
 17.4   land adjusted by the assessment/sales ratio as determined by the 
 17.5   department of revenue. 
 17.6      (c) By July 1, 1986, the commissioner of natural resources 
 17.7   shall adopt rules under chapter 14 to establish procedures for 
 17.8   leasing land under this section.  The rules shall be subject to 
 17.9   review and approval by the commissioners of revenue and 
 17.10  administration prior to the initial publication pursuant to 
 17.11  chapter 14 and prior to their final adoption.  The rules must 
 17.12  address at least the following: 
 17.13     (1) method of appraising the property; and 
 17.14     (2) an appeal procedure for both the appraised values and 
 17.15  lease rates. 
 17.16     (d) All money received from these leases must be credited 
 17.17  to the fund to which the proceeds of the land belong.  
 17.18     Notwithstanding section 16A.125 or any other law to the 
 17.19  contrary, 50 percent of the money received from the lease of 
 17.20  permanent school fund lands leased pursuant to this subdivision 
 17.21  shall be deposited into the permanent school trust fund.  
 17.22  However, in fiscal years 1994 and 1995, this money must be 
 17.23  credited to the lakeshore sales account in the permanent school 
 17.24  fund and, subject to appropriation, may be used to survey, 
 17.25  appraise, and pay associated selling costs of lots as required 
 17.26  in Minnesota Statutes 1992, section 92.67, subdivision 3.  The 
 17.27  money may not be used to pay the cost of surveying lots not 
 17.28  scheduled for sale.  Any money designated for deposit in the 
 17.29  permanent school fund that is not needed to survey, appraise, 
 17.30  and pay associated selling costs of lots, as required in section 
 17.31  92.67, shall be deposited in the permanent school fund.  The 
 17.32  commissioner shall add to the appraised value of any lot offered 
 17.33  for sale the costs of surveying, appraising, and selling the 
 17.34  lot, and shall first deposit into the permanent school fund an 
 17.35  amount equal to the costs of surveying, appraising, and selling 
 17.36  any lot paid out of the permanent school fund.  Any remaining 
 18.1   money shall be deposited into any other contributing funds in 
 18.2   proportion to the contribution from each fund.  In no case may 
 18.3   the commissioner add to the appraised value of any lot offered 
 18.4   for sale an amount more than $700 for the costs of surveying and 
 18.5   appraising the lot. 
 18.6      Sec. 27.  Minnesota Statutes 1994, section 97A.115, 
 18.7   subdivision 2, is amended to read: 
 18.8      Subd. 2.  [SPECIES AVAILABLE.] Species that may be released 
 18.9   and hunted in a licensed shooting preserve must be specified in 
 18.10  the license and is are limited to unprotected birds, adult 
 18.11  pheasant, and bob-white quail for private shooting preserves and 
 18.12  adult pheasant, bob-white quail, turkey, mallard duck, black 
 18.13  duck, and other species designated by the commissioner for 
 18.14  commercial shooting preserves.  These game birds must be pen 
 18.15  hatched and raised. 
 18.16     Sec. 28.  [REPEALER.] 
 18.17     Minnesota Statutes 1994, section 103B.151, subdivision 3, 
 18.18  is repealed. 
 18.19     Sec. 29.  Minnesota Statutes 1994, section 103F.516, 
 18.20  subdivision 2, is amended to read: 
 18.21     Subd. 2.  [NATURE OF PROPERTY RIGHTS ACQUIRED.] (a) The 
 18.22  nature of property rights acquired in an easement under this 
 18.23  section must be consistent with the provisions of section 
 18.24  103F.515, subdivision 4. 
 18.25     (b) A permanent easement may include four adjacent upland 
 18.26  acres of land for each acre of wetland included.  
 18.27     (c) The easement must require that the landowner control 
 18.28  noxious weeds in accordance with sections 18.171 to 18.317 18.77 
 18.29  to 18.88.  
 18.30     (d) The permanent easement must be conveyed to the state in 
 18.31  recordable form free of any prior title, lien, or encumbrance 
 18.32  and must provide for a right of entry by the state for 
 18.33  inspection and correction of violations. 
 18.34     Sec. 30.  Minnesota Statutes 1994, section 103G.2365, is 
 18.35  amended to read: 
 18.36     103G.2365 [CONTROL OF NOXIOUS WEEDS.] 
 19.1      Noxious weeds, as defined in section 18.171 18.77, 
 19.2   subdivision 5 8, must be controlled on wetlands as required in 
 19.3   section 18.191 18.78. 
 19.4      Sec. 31.  Minnesota Statutes 1994, section 116.03, 
 19.5   subdivision 2, is amended to read: 
 19.6      Subd. 2.  The commissioner shall organize the agency and 
 19.7   employ such assistants and other officers, employees and agents 
 19.8   as the commissioner may deem necessary to discharge the 
 19.9   functions of the commissioner's office, define the duties of 
 19.10  such officers, employees and agents, and delegate to them any of 
 19.11  the commissioner's powers, duties, and responsibilities, subject 
 19.12  to the commissioner's control and under such conditions as the 
 19.13  commissioner may prescribe.  The commissioner may also contract 
 19.14  with persons, firms, corporations, the federal government and 
 19.15  any agency or instrumentality thereof, the water research center 
 19.16  of the University of Minnesota or any other instrumentality of 
 19.17  such university, for doing any of the work of the commissioner's 
 19.18  office, and none of the provisions of chapter 16 16B, relating 
 19.19  to bids, shall apply to such contracts.  All personnel employed 
 19.20  and all contracts entered into pursuant to this subdivision 
 19.21  shall be subject to the approval of the pollution control agency.
 19.22  Agreements to exercise delegated powers shall be by written 
 19.23  order filed with the secretary of state.  An employee of the 
 19.24  state commissioner of health engaged in environmental sanitation 
 19.25  work may transfer to the pollution control agency with the 
 19.26  approval of the commissioner.  Under such a transfer the 
 19.27  employee shall be assigned to a position of similar 
 19.28  responsibility and pay without loss of seniority, vacation, sick 
 19.29  leave, or other benefits under the state civil service act. 
 19.30     Sec. 32.  Minnesota Statutes 1994, section 116C.724, 
 19.31  subdivision 2, is amended to read: 
 19.32     Subd. 2.  [DRILLING.] A permit shall be obtained from the 
 19.33  environmental quality board, in accordance with chapter 14, for 
 19.34  any geologic and hydrologic drilling related to disposal.  
 19.35  Conditions of obtaining and retaining the permit must be 
 19.36  specified by rule and must include: 
 20.1      (1) compliance with state drilling and drill hole 
 20.2   restoration rules as an exploratory boring under chapter 156A 
 20.3   103I; 
 20.4      (2) proof that access to the test site has been obtained by 
 20.5   a negotiated agreement or other legal process; 
 20.6      (3) payment by the permittee of a fee covering the costs of 
 20.7   processing and monitoring drilling activities; 
 20.8      (4) unrestricted access by the commissioner of health, the 
 20.9   commissioner of natural resources, the commissioner of the 
 20.10  pollution control agency, the director of the Minnesota 
 20.11  geological survey, the agent of a board of health as authorized 
 20.12  under section 145A.04, and their employees and agents to the 
 20.13  drilling sites to inspect and monitor the drill holes, drilling 
 20.14  operations, and abandoned sites, and to sample air and water 
 20.15  that may be affected by drilling; 
 20.16     (5) submission of splits or portions of a core sample, 
 20.17  requested by the commissioner of natural resources or director 
 20.18  of the Minnesota geological survey, except that the commissioner 
 20.19  or director may accept certified data on the sample in lieu of a 
 20.20  sample if certain samples are required in their entirety by the 
 20.21  permittee; and 
 20.22     (6) that a sample submitted may become property of the 
 20.23  state.  
 20.24     Sec. 33.  Minnesota Statutes 1994, section 116C.98, 
 20.25  subdivision 3, is amended to read: 
 20.27  NOTIFICATION PROCEDURE.] (a) The performance standards in this 
 20.28  subdivision must be met for any releases under the notification 
 20.29  procedure. 
 20.30     (b) If the genetically engineered plants or plant materials 
 20.31  are shipped, they must be shipped in such a way that the viable 
 20.32  plant material is unlikely to be disseminated while in transit 
 20.33  and must be maintained at the destination facility in such a way 
 20.34  that there is no release into the environment. 
 20.35     (c) The genetically engineered plants must be planted in 
 20.36  such a way that they are not inadvertently mixed with 
 21.1   nonregulated plant materials of any species which are not part 
 21.2   of the release. 
 21.3      (d) The plants and plant parts must be maintained in such a 
 21.4   way that the identity of all material is known while it is in 
 21.5   use, and the plant parts must be contained or devitalized when 
 21.6   no longer in use. 
 21.7      (e) There must be a no viable vector agent associated with 
 21.8   the genetically engineered plants. 
 21.9      (f) The field trial must be conducted such that: 
 21.10     (1) the genetically engineered plants will not persist in 
 21.11  the environment; and 
 21.12     (2) no offspring can be produced that could persist in the 
 21.13  environment.  
 21.14     (g) Upon termination of the field test: 
 21.15     (1) no viable material shall remain which is likely to 
 21.16  volunteer in subsequent seasons; or 
 21.17     (2) plant volunteers shall be managed to prevent 
 21.18  persistence in the environment. 
 21.19     Sec. 34.  Minnesota Statutes 1994, section 116J.035, 
 21.20  subdivision 1, is amended to read: 
 21.21     Subdivision 1.  [POWERS.] The commissioner may:  
 21.22     (a) apply for, receive, and expend money from municipal, 
 21.23  county, regional, and other government agencies; 
 21.24     (b) apply for, accept, and disburse grants and other aids 
 21.25  from other public or private sources; 
 21.26     (c) contract for professional services if such work or 
 21.27  services cannot be satisfactorily performed by employees of the 
 21.28  department or by any other state agency; 
 21.29     (d) enter into interstate compacts to jointly carry out 
 21.30  such research and planning with other states or the federal 
 21.31  government where appropriate; 
 21.32     (e) distribute informational material at no cost to the 
 21.33  public upon reasonable request; and 
 21.34     (f) enter into contracts necessary for the performance of 
 21.35  the commissioner's duties with federal, state, regional, 
 21.36  metropolitan, local, and other agencies or units of government; 
 22.1   educational institutions, including the University of 
 22.2   Minnesota.  Contracts made pursuant to this section shall not be 
 22.3   subject to the competitive bidding requirements of chapter 16 
 22.4   16B.  
 22.5      The commissioner may apply for, receive, and expend money 
 22.6   made available from federal or other sources for the purpose of 
 22.7   carrying out the duties and responsibilities of the commissioner 
 22.8   pursuant to this chapter.  
 22.9      All moneys received by the commissioner pursuant to this 
 22.10  chapter shall be deposited in the state treasury and are 
 22.11  appropriated to the commissioner for the purpose for which the 
 22.12  moneys have been received.  The money shall not cancel and shall 
 22.13  be available until expended.  
 22.14     Sec. 35.  Minnesota Statutes 1994, section 116J.402, is 
 22.15  amended to read: 
 22.16     116J.402 [COOPERATIVE CONTRACTS.] 
 22.17     The commissioner of trade and economic development may 
 22.18  apply for, receive, and spend money for community development 
 22.19  from municipal, county, regional, and other planning agencies. 
 22.20  The commissioner may also apply for, accept, and disburse grants 
 22.21  and other aids for community development and related planning 
 22.22  from the federal government and other sources.  The commissioner 
 22.23  may enter into contracts with agencies of the federal 
 22.24  government, local governmental units, regional development 
 22.25  commissions, and the metropolitan council, other state agencies, 
 22.26  the University of Minnesota, and other educational institutions, 
 22.27  and private persons as necessary to perform the commissioner's 
 22.28  duties.  Contracts made according to this section, except those 
 22.29  with private persons, are not subject to the provisions of 
 22.30  chapter 16 16B concerning competitive bidding.  
 22.31     The commissioner may apply for, receive, and spend money 
 22.32  made available from federal sources or other sources for the 
 22.33  purposes of carrying out the duties and responsibilities of the 
 22.34  commissioner.  
 22.35     Money received by the commissioner under this section must 
 22.36  be deposited in the state treasury and is appropriated to the 
 23.1   commissioner for the purposes for which the money has been 
 23.2   received.  The money does not cancel and is available until 
 23.3   spent.  
 23.4      Sec. 36.  Minnesota Statutes 1994, section 116J.70, 
 23.5   subdivision 2a, is amended to read: 
 23.6      Subd. 2a.  [LICENSE; EXCEPTIONS.] "Business license" or 
 23.7   "license" does not include the following:  
 23.8      (1) any occupational license or registration issued by a 
 23.9   licensing board listed in section 214.01 or any occupational 
 23.10  registration issued by the commissioner of health pursuant to 
 23.11  section 214.13; 
 23.12     (2) any license issued by a county, home rule charter city, 
 23.13  statutory city, township, or other political subdivision; 
 23.14     (3) any license required to practice the following 
 23.15  occupation regulated by the following sections:  
 23.16     (a) abstracters regulated pursuant to chapter 386; 
 23.17     (b) accountants regulated pursuant to chapter 326; 
 23.18     (c) adjusters regulated pursuant to chapter 72B; 
 23.19     (d) architects regulated pursuant to chapter 326; 
 23.20     (e) assessors regulated pursuant to chapter 270; 
 23.21     (f) athletic trainers regulated pursuant to chapter 148; 
 23.22     (g) attorneys regulated pursuant to chapter 481; 
 23.23     (h) auctioneers regulated pursuant to chapter 330; 
 23.24     (i) barbers regulated pursuant to chapter 154; 
 23.25     (j) beauticians regulated pursuant to chapter 155A; 
 23.26     (k) boiler operators regulated pursuant to chapter 183; 
 23.27     (l) chiropractors regulated pursuant to chapter 148; 
 23.28     (m) collection agencies regulated pursuant to chapter 332; 
 23.29     (n) cosmetologists regulated pursuant to chapter 155A; 
 23.30     (o) dentists, registered dental assistants, and dental 
 23.31  hygienists regulated pursuant to chapter 150A; 
 23.32     (p) detectives regulated pursuant to chapter 326; 
 23.33     (q) electricians regulated pursuant to chapter 326; 
 23.34     (r) embalmers regulated pursuant to chapter 149; 
 23.35     (s) engineers regulated pursuant to chapter 326; 
 23.36     (t) insurance brokers and salespersons regulated pursuant 
 24.1   to chapter 60A; 
 24.2      (u) certified interior designers regulated pursuant to 
 24.3   chapter 326; 
 24.4      (v) midwives regulated pursuant to chapter 148; 
 24.5      (w) morticians regulated pursuant to chapter 149; 
 24.6      (x) nursing home administrators regulated pursuant to 
 24.7   chapter 144A; 
 24.8      (y) optometrists regulated pursuant to chapter 148; 
 24.9      (z) osteopathic physicians regulated pursuant to chapter 
 24.10  147; 
 24.11     (aa) pharmacists regulated pursuant to chapter 151; 
 24.12     (bb) physical therapists regulated pursuant to chapter 148; 
 24.13     (cc) physicians and surgeons regulated pursuant to chapter 
 24.14  147; 
 24.15     (dd) plumbers regulated pursuant to chapter 326; 
 24.16     (ee) podiatrists regulated pursuant to chapter 153; 
 24.17     (ff) practical nurses regulated pursuant to chapter 148; 
 24.18     (gg) professional fund raisers regulated pursuant to 
 24.19  chapter 309; 
 24.20     (hh) psychologists regulated pursuant to chapter 148; 
 24.21     (ii) real estate brokers, salespersons, and others 
 24.22  regulated pursuant to chapters 82 and 83; 
 24.23     (jj) registered nurses regulated pursuant to chapter 148; 
 24.24     (kk) securities brokers, dealers, agents, and investment 
 24.25  advisers regulated pursuant to chapter 80A; 
 24.26     (ll) steamfitters regulated pursuant to chapter 326; 
 24.27     (mm) teachers and supervisory and support personnel 
 24.28  regulated pursuant to chapter 125; 
 24.29     (nn) veterinarians regulated pursuant to chapter 156; 
 24.30     (oo) water conditioning contractors and installers 
 24.31  regulated pursuant to chapter 326; 
 24.32     (pp) water well contractors regulated pursuant to chapter 
 24.33  156A 103I; 
 24.34     (qq) water and waste treatment operators regulated pursuant 
 24.35  to chapter 115; 
 24.36     (rr) motor carriers regulated pursuant to chapter 221; 
 25.1      (ss) professional corporations regulated pursuant to 
 25.2   chapter 319A; 
 25.3      (tt) real estate appraisers regulated pursuant to chapter 
 25.4   82B; 
 25.5      (uu) residential building contractors, residential 
 25.6   remodelers, residential roofers, manufactured home installers, 
 25.7   and specialty contractors regulated pursuant to chapter 326; 
 25.8      (4) any driver's license required pursuant to chapter 171; 
 25.9      (5) any aircraft license required pursuant to chapter 360; 
 25.10     (6) any watercraft license required pursuant to chapter 
 25.11  86B; 
 25.12     (7) any license, permit, registration, certification, or 
 25.13  other approval pertaining to a regulatory or management program 
 25.14  related to the protection, conservation, or use of or 
 25.15  interference with the resources of land, air, or water, which is 
 25.16  required to be obtained from a state agency or instrumentality; 
 25.17  and 
 25.18     (8) any pollution control rule or standard established by 
 25.19  the pollution control agency or any health rule or standard 
 25.20  established by the commissioner of health or any licensing rule 
 25.21  or standard established by the commissioner of human services.  
 25.22     Sec. 37.  Minnesota Statutes 1994, section 124.916, 
 25.23  subdivision 1, is amended to read: 
 25.24     Subdivision 1.  [HEALTH INSURANCE.] (a) A school district 
 25.25  may levy the amount necessary to make employer contributions for 
 25.26  insurance for retired employees under this subdivision.  
 25.27  Notwithstanding section 121.904, 50 percent of the amount levied 
 25.28  shall be recognized as revenue for the fiscal year in which the 
 25.29  levy is certified.  This levy shall not be considered in 
 25.30  computing the aid reduction under section 124.155. 
 25.31     (b) The school board of a joint vocational technical 
 25.32  district formed under sections 136C.60 to 136C.69 and the school 
 25.33  board of a school district may provide employer-paid hospital, 
 25.34  medical, and dental benefits to a person who: 
 25.35     (1) is eligible for employer-paid insurance under 
 25.36  collective bargaining agreements or personnel plans in effect on 
 26.1   June 30, 1992; 
 26.2      (2) has at least 25 years of service credit in the public 
 26.3   pension plan of which the person is a member on the day before 
 26.4   retirement or, in the case of a teacher, has a total of at least 
 26.5   25 years of service credit in the teachers retirement 
 26.6   association, a first-class city teacher retirement fund, or any 
 26.7   combination of these; 
 26.8      (3) upon retirement is immediately eligible for a 
 26.9   retirement annuity; 
 26.10     (4) is at least 55 and not yet 65 years of age; and 
 26.11     (5) retires on or after May 15, 1992, and before July 21, 
 26.12  1992. 
 26.13     A school board paying insurance under this subdivision may 
 26.14  not exclude any eligible employees. 
 26.15     (c) An employee who is eligible both for the health 
 26.16  insurance benefit under this subdivision and for an early 
 26.17  retirement incentive under a collective bargaining agreement or 
 26.18  personnel plan established by the employer must select either 
 26.19  the early retirement incentive provided under the collective 
 26.20  bargaining agreement personnel plan or the incentive provided 
 26.21  under this subdivision, but may not receive both.  For purposes 
 26.22  of this subdivision, a person retires when the person terminates 
 26.23  active employment and applies for retirement benefits.  The 
 26.24  retired employee is eligible for single and dependent coverages 
 26.25  and employer payments to which the person was entitled 
 26.26  immediately before retirement, subject to any changes in 
 26.27  coverage and employer and employee payments through collective 
 26.28  bargaining or personnel plans, for employees in positions 
 26.29  equivalent to the position from which the employee retired.  The 
 26.30  retired employee is not eligible for employer-paid life 
 26.31  insurance.  Eligibility ceases when the retired employee attains 
 26.32  the age of 65, or when the employee chooses not to receive the 
 26.33  retirement benefits for which the employee has applied, or when 
 26.34  the employee is eligible for employer-paid health insurance from 
 26.35  a new employer.  Coverages must be coordinated with relevant 
 26.36  health insurance benefits provided through the federally 
 27.1   sponsored Medicare program.  
 27.2      (d) An employee who retires under this subdivision using 
 27.3   the rule of 90 must not be included in the calculations required 
 27.4   by section 356.85. 
 27.5      (e) Unilateral implementation of this section by a public 
 27.6   employer is not an unfair labor practice for purposes of chapter 
 27.7   179A.  The authority provided in this subdivision for an 
 27.8   employer to pay health insurance costs for certain retired 
 27.9   employees is not subject to the limits in section 179A.20, 
 27.10  subdivision 2a. 
 27.11     (f) (e) If a school district levies according to this 
 27.12  subdivision, it may not also levy according to section 122.531, 
 27.13  subdivision 9, for eligible employees. 
 27.14     Sec. 38.  Minnesota Statutes 1994, section 126.25, 
 27.15  subdivision 3, is amended to read: 
 27.16     Subd. 3.  [EVALUATION.] Grant recipients must report to the 
 27.17  commissioner of public safety education by September 1 of each 
 27.18  year on the services and programs provided, the number of 
 27.19  children served, the average daily attendance for the school 
 27.20  year, and the number of habitual truancy and educational neglect 
 27.21  petitions referred for court intervention. 
 27.22     Sec. 39.  [REPEALER.] 
 27.23     Minnesota Statutes 1994, section 134.32, subdivision 2, is 
 27.24  repealed.  
 27.25     Sec. 40.  Minnesota Statutes 1994, section 134.341, is 
 27.26  amended to read: 
 27.27     134.341 [COUNTY FINANCIAL SUPPORT.] 
 27.28     To ensure the availability of public library service to all 
 27.29  people, every county shall provide financial support for public 
 27.30  library services at no less than minimum amounts as specified in 
 27.31  sections 134.33 and section 134.34 and shall participate in the 
 27.32  regional public library system to which it is assigned by the 
 27.33  state board of education under section 134.34, subdivision 3.  
 27.34  Each county board of commissioners shall appoint at least one 
 27.35  county resident to serve as a representative on the regional 
 27.36  public library system board and may appoint more than one 
 28.1   representative under terms and conditions of the regional public 
 28.2   library system contract. 
 28.3      Sec. 41.  Minnesota Statutes 1994, section 136A.40, is 
 28.4   amended to read: 
 28.5      136A.40 [ADMINISTRATION.] 
 28.6      The administration of sections 136A.25 to 136A.42, shall be 
 28.7   under the authority independent of other departments and 
 28.8   agencies and notwithstanding chapter 16 16B.  The authority 
 28.9   shall not be subject to the provisions of sections 14.02, 14.04 
 28.10  to 14.36, 14.38, 14.44 to 14.45, and 14.57 to 14.62 in 
 28.11  connection with the adoption of any rules, rents, fees or 
 28.12  charges or with the exercise of any other powers or duties.  
 28.13     Sec. 42.  Minnesota Statutes 1994, section 144.3831, 
 28.14  subdivision 1, is amended to read: 
 28.15     Subdivision 1.  [FEE SETTING.] The commissioner of health 
 28.16  may assess an annual fee of $5.21 for every service connection 
 28.17  to a public water supply that is owned or operated by a home 
 28.18  rule or charter city, a statutory city, a city of the first 
 28.19  class, or a town.  The commissioner of health may also assess an 
 28.20  annual fee for every service connection served by a water user 
 28.21  district defined in section 110A.02. 
 28.22     Sec. 43.  Minnesota Statutes 1994, section 145A.07, 
 28.23  subdivision 1, is amended to read: 
 28.24     Subdivision 1.  [AGREEMENTS TO PERFORM DUTIES OF 
 28.25  COMMISSIONER.] (a) The commissioner of health may enter into an 
 28.26  agreement with any board of health to delegate all or part of 
 28.27  the licensing, inspection, reporting, and enforcement duties 
 28.28  authorized under sections 144.12; 144.381 to 144.387; 144.411 to 
 28.29  144.417; 144.71 to 144.74; 145A.04, subdivision 6; provisions of 
 28.30  chapter 156A 103I pertaining to construction, repair, and 
 28.31  abandonment of water wells; chapter 157; and sections 327.14 to 
 28.32  327.28. 
 28.33     (b) Agreements are subject to subdivision 3. 
 28.34     (c) This subdivision does not affect agreements entered 
 28.35  into under Minnesota Statutes 1986, section 145.031, 145.55, or 
 28.36  145.918, subdivision 2. 
 29.1      Sec. 44.  Minnesota Statutes 1994, section 147.01, 
 29.2   subdivision 5, is amended to read: 
 29.3      Subd. 5.  [EXPENSES; STAFF.] The board of medical practice 
 29.4   shall provide blanks, books, certificates, and such stationery 
 29.5   and assistance as is necessary for the transaction of the 
 29.6   business pertaining to the duties of such board.  The expenses 
 29.7   of administering sections 147.01 to 147.29 this chapter shall be 
 29.8   paid from the appropriations made to the board of medical 
 29.9   practice.  The board shall employ an executive director. 
 29.10     Sec. 45.  Minnesota Statutes 1994, section 154.161, 
 29.11  subdivision 3, is amended to read: 
 29.12     Subd. 3.  [CEASE AND DESIST ORDERS.] (a) The board, or 
 29.13  compliance complaint committee if authorized by the board, may 
 29.14  issue and have served upon an unlicensed person, or a holder of 
 29.15  a certificate of registration or a shop registration card, an 
 29.16  order requiring the person to cease and desist from an act or 
 29.17  practice that constitutes a violation of a statute, rule, or 
 29.18  order that the board has adopted or issued or is empowered to 
 29.19  enforce.  The order must (1) give reasonable notice of the 
 29.20  rights of the person named in the order to request a hearing, 
 29.21  and (2) state the reasons for the entry of the order.  No order 
 29.22  may be issued under this subdivision until an investigation of 
 29.23  the facts has been conducted under section 214.10. 
 29.24     (b) Service of the order under this subdivision is 
 29.25  effective when the order is personally served on the person or 
 29.26  counsel of record, or served by certified mail to the most 
 29.27  recent address provided to the board for the person or counsel 
 29.28  of record. 
 29.29     (c) The board must hold a hearing under this subdivision 
 29.30  not later than 30 days after the board receives the request for 
 29.31  the hearing, unless otherwise agreed between the board, or 
 29.32  compliance complaint committee if authorized by the board, and 
 29.33  the person requesting the hearing. 
 29.34     (d) Notwithstanding any rule to the contrary, the 
 29.35  administrative law judge must issue a report within 30 days of 
 29.36  the close of the contested case hearing.  Within 30 days after 
 30.1   receiving the report and subsequent exceptions and argument, the 
 30.2   board shall issue a further order vacating, modifying, or making 
 30.3   permanent the cease and desist order.  If no hearing is 
 30.4   requested within 30 days of service of the order, the order 
 30.5   becomes final and remains in effect until modified or vacated by 
 30.6   the board. 
 30.7      Sec. 46.  Minnesota Statutes 1994, section 162.09, 
 30.8   subdivision 1, is amended to read: 
 30.9      Subdivision 1.  [CREATION; MILEAGE LIMITATION; RULES.] 
 30.10  There is created a municipal state-aid street system within 
 30.11  statutory and home rule charter cities having a population of 
 30.12  5,000 or more.  The extent of the municipal state-aid street 
 30.13  system for a city shall not exceed:  (1) 20 percent of the total 
 30.14  miles of city streets and county roads within the jurisdiction 
 30.15  of that city, plus (2) the mileage of all trunk highways 
 30.16  reverted or turned back to the jurisdiction of the city pursuant 
 30.17  to law on and after July 1, 1965, plus (3) the mileage of county 
 30.18  highways reverted or turned back to the jurisdiction of the city 
 30.19  pursuant to law on or after the effective date of Laws 1994, 
 30.20  chapter 635 May 11, 1994.  The system shall be established, 
 30.21  located, constructed, reconstructed, improved, and maintained as 
 30.22  public highways within such cities under rules, not inconsistent 
 30.23  with this section, made and promulgated by the commissioner as 
 30.24  hereinafter provided. 
 30.25     Sec. 47.  Minnesota Statutes 1994, section 192.261, 
 30.26  subdivision 3, is amended to read: 
 30.27     Subd. 3.  [SHALL FILE CERTIFICATE.] Any public officer 
 30.28  elected or appointed for a definite term who, before the 
 30.29  expiration of such term, returns from military or naval service 
 30.30  under leave of absence without pay under chapters 190 to 194 
 30.31  193, in lieu of making written application for reinstatement as 
 30.32  hereinbefore provided, shall file in the same office where the 
 30.33  public officer's oath is filed within 45 days after termination 
 30.34  of such military or naval service a verified certificate that 
 30.35  the public officer has complied with the conditions for 
 30.36  reinstatement hereinbefore prescribed, and that public officer 
 31.1   shall thereupon be deemed to have resumed that office, with all 
 31.2   the rights and privileges granted by chapters 190 to 194 193; 
 31.3   provided, that any false statement in such certificate shall be 
 31.4   ground for removal. 
 31.5      Sec. 48.  Minnesota Statutes 1994, section 192.501, 
 31.6   subdivision 2, is amended to read: 
 31.7      Subd. 2.  [TUITION REIMBURSEMENT.] (a) The adjutant general 
 31.8   shall establish a program providing tuition reimbursement for 
 31.9   members of the Minnesota national guard in accordance with this 
 31.10  section.  An active member of the Minnesota national guard 
 31.11  serving satisfactorily, as defined by the adjutant general, 
 31.12  shall be reimbursed for tuition paid to a post-secondary 
 31.13  education institution as defined by section 136A.15, subdivision 
 31.14  5, upon proof of satisfactory completion of course work. 
 31.15     (b) In the case of tuition paid to a public institution 
 31.16  located in Minnesota, including any vocational or technical 
 31.17  school, tuition is limited to an amount equal to 50 percent of 
 31.18  the cost of tuition at that public institution, except as 
 31.19  provided in this section.  In the case of tuition paid to a 
 31.20  Minnesota private institution or vocational or technical school 
 31.21  or a public or private institution or vocational or technical 
 31.22  school not located in Minnesota, reimbursement is limited to 50 
 31.23  percent of the cost of tuition for lower division programs in 
 31.24  the college of liberal arts at the twin cities campus of the 
 31.25  University of Minnesota in the most recent academic year, except 
 31.26  as provided in this section. 
 31.27     (c) If a member of the Minnesota national guard is killed 
 31.28  in the line of state active service or federally funded state 
 31.29  active service as defined in section 190.05, subdivision 5b, the 
 31.30  state shall reimburse 100 percent of the cost of tuition for 
 31.31  post-secondary courses satisfactorily completed by any surviving 
 31.32  spouse and any surviving dependents who are 23 years old or 
 31.33  younger.  Reimbursement for surviving spouses and dependents is 
 31.34  limited in amount and duration as is reimbursement for the 
 31.35  national guard member. 
 31.36     (d) The amount of tuition reimbursement for each eligible 
 32.1   individual shall be determined by the adjutant general according 
 32.2   to rules formulated within 30 days of June 4, 1989.  Tuition 
 32.3   reimbursement received under this section shall not be 
 32.4   considered by the Minnesota higher education coordinating board 
 32.5   or by any other state board, commission, or entity in 
 32.6   determining a person's eligibility for a scholarship or 
 32.7   grant-in-aid under sections 136A.095 to 136A.132 136A.1311. 
 32.8      Sec. 49.  Minnesota Statutes 1994, section 193.36, 
 32.9   subdivision 2, is amended to read: 
 32.11  In any case when the adjutant general finds it advantageous for 
 32.12  military training, the adjutant general may sell and convey 
 32.13  property to the municipality or county in which the same is 
 32.14  located at a price to be determined by a board of three 
 32.15  appraisers to be selected by the adjutant general, the 
 32.16  commissioner of administration, and the commissioner of finance. 
 32.17  The money received shall be credited to the general fund and is 
 32.18  appropriated to the adjutant general to be used:  (1) as a 
 32.19  contribution for the construction or acquisition of an armory, 
 32.20  armories, or armory facilities to replace the one sold; or (2) 
 32.21  for the maintenance, operation, repair, rehabilitation, or 
 32.22  improvement of existing armory facilities.  The money may also 
 32.23  be transferred to the Minnesota state armory commission:  (1) 
 32.24  for the replacement of an armory, armories, or armory facilities 
 32.25  constructed or acquired by the commission; or (2) for the 
 32.26  maintenance, operation, repair, rehabilitation, or improvement 
 32.27  of facilities owned by the commission.  If the money received is 
 32.28  not expended for the purposes stated in this subdivision within 
 32.29  ten years after the old armory has been sold, the appropriation 
 32.30  to the adjutant general as provided in this subdivision shall 
 32.31  lapse.  In the event that both the municipality and the county 
 32.32  desire to purchase the armory, the municipality shall be given 
 32.33  first priority to purchase the armory. 
 32.34     If the municipality or county shall not purchase such 
 32.35  property after a reasonable opportunity, the adjutant general 
 32.36  may sell and convey the same to any person after a sale thereof 
 33.1   at public sale, and in the same manner as certain state property 
 33.2   is sold at public sale under the provisions of chapter 16 16B.  
 33.3   The adjutant general may lease any such armory remaining unsold 
 33.4   to the municipality for public purposes at an annual rental 
 33.5   which shall not be less than ten percent of the appraised value 
 33.6   of the property. 
 33.7      Sec. 50.  Minnesota Statutes 1994, section 201.15, 
 33.8   subdivision 1, is amended to read: 
 33.9      Subdivision 1.  [GUARDIANSHIPS, INCOMPETENTS AND 
 33.10  PSYCHOPATHS.] The court administrator in each county shall 
 33.11  report monthly to the county auditor the name and address of 
 33.12  each individual 18 years of age or over, who maintains residence 
 33.13  in that county and who, during the month preceding the date of 
 33.14  the report:  
 33.15     (a) was placed under a guardianship of the person; 
 33.16     (b) adjudged legally incompetent by reason of mental 
 33.17  illness, mental deficiency, or inebriation; or 
 33.18     (c) was adjudged a sexually dangerous person or a person 
 33.19  with a sexual psychopathic personality.  
 33.20     The judge court administrator shall also report the same 
 33.21  information for each individual transferred to the jurisdiction 
 33.22  of the court who meets a condition specified in clause (a), (b) 
 33.23  or (c).  Upon receipt of the report, the county auditor shall 
 33.24  determine whether any individual named in the report is 
 33.25  registered to vote.  The county auditor shall change the status 
 33.26  on the record in the statewide registration system of any 
 33.27  individual named in the report to indicate that the individual 
 33.28  is not eligible to reregister or vote.  
 33.29     Sec. 51.  [REPEALER.] 
 33.30     Minnesota Statutes 1994, section 256B.0925, is repealed. 
 33.31     Sec. 52.  Minnesota Statutes 1994, section 270.69, 
 33.32  subdivision 10, is amended to read: 
 33.33     Subd. 10.  [LIMITATION FOR HOMESTEAD PROPERTY.] A lien 
 33.34  imposed under this section upon property defined as homestead 
 33.35  property in chapter 510 may not be enforced against homestead 
 33.36  property by levy under section 270.70, or by judgment 
 34.1   lien foreclosure under chapter 550. 
 34.2      Sec. 53.  Minnesota Statutes 1994, section 271.21, 
 34.3   subdivision 6, is amended to read: 
 34.4      Subd. 6.  [HEARING.] The hearing in the small claims 
 34.5   division shall be informal and without a jury.  The judge may 
 34.6   hear any testimony and receive any evidence the judge deems 
 34.7   necessary or desirable for a just determination of the case 
 34.8   except as provided in paragraph (b).  Sales ratio studies 
 34.9   published by the department of revenue may be admissible as a 
 34.10  public record without foundation.  All testimony shall be given 
 34.11  under oath.  A party may appear personally or may be represented 
 34.12  or accompanied by an attorney.  No transcript of the proceedings 
 34.13  shall be kept. 
 34.14     Sec. 54.  Minnesota Statutes 1994, section 275.066, is 
 34.15  amended to read: 
 34.17     For the purposes of property taxation and property tax 
 34.18  state aids, the term "special taxing districts" includes the 
 34.19  following entities: 
 34.20     (1) watershed districts under chapter 103D; 
 34.21     (2) sanitary districts under sections 115.18 to 115.37; 
 34.22     (3) regional sanitary sewer districts under sections 115.61 
 34.23  to 115.67; 
 34.24     (4) regional public library districts under section 
 34.25  134.201; 
 34.26     (5) park districts under chapter 398; 
 34.27     (6) regional railroad authorities under chapter 398A; 
 34.28     (7) hospital districts under sections 447.31 to 447.38; 
 34.29     (8) St. Cloud metropolitan transit commission under 
 34.30  sections 458A.01 to 458A.15; 
 34.31     (9) Duluth transit authority under sections 458A.21 to 
 34.32  458A.37; 
 34.33     (10) regional development commissions under sections 
 34.34  462.381 to 462.398; 
 34.35     (11) housing and redevelopment authorities under sections 
 34.36  469.001 to 469.047; 
 35.1      (12) port authorities under sections 469.048 to 469.068; 
 35.2      (13) economic development authorities under sections 
 35.3   469.090 to 469.1081; 
 35.4      (14) metropolitan council under sections 473.122 473.123 to 
 35.5   473.249; 
 35.6      (15) regional transit board under sections and 473.371 to 
 35.7   473.449; 
 35.8      (16) (15) metropolitan airports commission under sections 
 35.9   473.601 to 473.680; 
 35.10     (17) (16) metropolitan mosquito control commission under 
 35.11  sections 473.701 to 473.716; 
 35.12     (18) (17) Morrison county rural development financing 
 35.13  authority under Laws 1982, chapter 437, section 1; 
 35.14     (19) (18) Croft Historical Park District under Laws 1984, 
 35.15  chapter 502, article 13, section 6; 
 35.16     (20) (19) East Lake county medical clinic district under 
 35.17  Laws 1989, chapter 211, sections 1 to 6; 
 35.18     (21) (20) Floodwood area ambulance district under Laws 
 35.19  1993, chapter 375, article 5, section 39; and 
 35.20     (22) (21) any other political subdivision of the state of 
 35.21  Minnesota, excluding counties, school districts, cities, and 
 35.22  towns, that has the power to adopt and certify a property tax 
 35.23  levy to the county auditor, as determined by the commissioner of 
 35.24  revenue. 
 35.25     Sec. 55.  Minnesota Statutes 1994, section 290.01, 
 35.26  subdivision 3a, is amended to read: 
 35.27     Subd. 3a.  [TRUST.] The term "trust" has the meaning 
 35.28  provided under the Internal Revenue Code of 1986, as amended 
 35.29  through December 31, 1993, and also means designated settlement 
 35.30  fund as defined in and taxed federally under section 468B of the 
 35.31  Internal Revenue Code of 1986, as amended through December 31, 
 35.32  1993. 
 35.33     Sec. 56.  Minnesota Statutes 1994, section 290.01, 
 35.34  subdivision 19d, is amended to read: 
 35.36  TAXABLE INCOME.] For corporations, there shall be subtracted 
 36.1   from federal taxable income after the increases provided in 
 36.2   subdivision 19c:  
 36.3      (1) the amount of foreign dividend gross-up added to gross 
 36.4   income for federal income tax purposes under section 78 of the 
 36.5   Internal Revenue Code; 
 36.6      (2) the amount of salary expense not allowed for federal 
 36.7   income tax purposes due to claiming the federal jobs credit 
 36.8   under section 51 of the Internal Revenue Code; 
 36.9      (3) any dividend (not including any distribution in 
 36.10  liquidation) paid within the taxable year by a national or state 
 36.11  bank to the United States, or to any instrumentality of the 
 36.12  United States exempt from federal income taxes, on the preferred 
 36.13  stock of the bank owned by the United States or the 
 36.14  instrumentality; 
 36.15     (4) amounts disallowed for intangible drilling costs due to 
 36.16  differences between this chapter and the Internal Revenue Code 
 36.17  in taxable years beginning before January 1, 1987, as follows: 
 36.18     (i) to the extent the disallowed costs are represented by 
 36.19  physical property, an amount equal to the allowance for 
 36.20  depreciation under Minnesota Statutes 1986, section 290.09, 
 36.21  subdivision 7, subject to the modifications contained in 
 36.22  subdivision 19e; and 
 36.23     (ii) to the extent the disallowed costs are not represented 
 36.24  by physical property, an amount equal to the allowance for cost 
 36.25  depletion under Minnesota Statutes 1986, section 290.09, 
 36.26  subdivision 8; 
 36.27     (5) the deduction for capital losses pursuant to sections 
 36.28  1211 and 1212 of the Internal Revenue Code, except that: 
 36.29     (i) for capital losses incurred in taxable years beginning 
 36.30  after December 31, 1986, capital loss carrybacks shall not be 
 36.31  allowed; 
 36.32     (ii) for capital losses incurred in taxable years beginning 
 36.33  after December 31, 1986, a capital loss carryover to each of the 
 36.34  15 taxable years succeeding the loss year shall be allowed; 
 36.35     (iii) for capital losses incurred in taxable years 
 36.36  beginning before January 1, 1987, a capital loss carryback to 
 37.1   each of the three taxable years preceding the loss year, subject 
 37.2   to the provisions of Minnesota Statutes 1986, section 290.16, 
 37.3   shall be allowed; and 
 37.4      (iv) for capital losses incurred in taxable years beginning 
 37.5   before January 1, 1987, a capital loss carryover to each of the 
 37.6   five taxable years succeeding the loss year to the extent such 
 37.7   loss was not used in a prior taxable year and subject to the 
 37.8   provisions of Minnesota Statutes 1986, section 290.16, shall be 
 37.9   allowed; 
 37.10     (6) an amount for interest and expenses relating to income 
 37.11  not taxable for federal income tax purposes, if (i) the income 
 37.12  is taxable under this chapter and (ii) the interest and expenses 
 37.13  were disallowed as deductions under the provisions of section 
 37.14  171(a)(2), 265 or 291 of the Internal Revenue Code in computing 
 37.15  federal taxable income; 
 37.16     (7) in the case of mines, oil and gas wells, other natural 
 37.17  deposits, and timber for which percentage depletion was 
 37.18  disallowed pursuant to subdivision 19c, clause (11), a 
 37.19  reasonable allowance for depletion based on actual cost.  In the 
 37.20  case of leases the deduction must be apportioned between the 
 37.21  lessor and lessee in accordance with rules prescribed by the 
 37.22  commissioner.  In the case of property held in trust, the 
 37.23  allowable deduction must be apportioned between the income 
 37.24  beneficiaries and the trustee in accordance with the pertinent 
 37.25  provisions of the trust, or if there is no provision in the 
 37.26  instrument, on the basis of the trust's income allocable to 
 37.27  each; 
 37.28     (8) for certified pollution control facilities placed in 
 37.29  service in a taxable year beginning before December 31, 1986, 
 37.30  and for which amortization deductions were elected under section 
 37.31  169 of the Internal Revenue Code of 1954, as amended through 
 37.32  December 31, 1985, an amount equal to the allowance for 
 37.33  depreciation under Minnesota Statutes 1986, section 290.09, 
 37.34  subdivision 7; 
 37.35     (9) the amount included in federal taxable income 
 37.36  attributable to the credits provided in Minnesota Statutes 1986, 
 38.1   section 273.1314, subdivision 9, or Minnesota Statutes, section 
 38.2   469.171, subdivision 6; 
 38.3      (10) amounts included in federal taxable income that are 
 38.4   due to refunds of income, excise, or franchise taxes based on 
 38.5   net income or related minimum taxes paid by the corporation to 
 38.6   Minnesota, another state, a political subdivision of another 
 38.7   state, the District of Columbia, or a foreign country or 
 38.8   possession of the United States to the extent that the taxes 
 38.9   were added to federal taxable income under section 290.01, 
 38.10  subdivision 19c, clause (1), in a prior taxable year; 
 38.11     (11) the following percentage of royalties, fees, or other 
 38.12  like income accrued or received from a foreign operating 
 38.13  corporation or a foreign corporation which is part of the same 
 38.14  unitary business as the receiving corporation: 
 38.15        Taxable Year 
 38.16        Beginning After .......... Percentage 
 38.17        December 31, 1988 ........ 50 percent 
 38.18        December 31, 1990 ........ 80 percent;    
 38.19     (12) income or gains from the business of mining as defined 
 38.20  in section 290.05, subdivision 1, clause (a), that are not 
 38.21  subject to Minnesota franchise tax; 
 38.22     (13) the amount of handicap access expenditures in the 
 38.23  taxable year which are not allowed to be deducted or capitalized 
 38.24  under section 44(d)(7) of the Internal Revenue Code of 1986; 
 38.25     (14) the amount of qualified research expenses not allowed 
 38.26  for federal income tax purposes under section 280C(c) of the 
 38.27  Internal Revenue Code, but only to the extent that the amount 
 38.28  exceeds the amount of the credit allowed under section 290.068; 
 38.29  and 
 38.30     (15) the amount of salary expenses not allowed for federal 
 38.31  income tax purposes due to claiming the Indian employment credit 
 38.32  under section 45A(a) of the Internal Revenue Code of 1986, as 
 38.33  amended through December 31, 1993. 
 38.34     Sec. 57.  Minnesota Statutes 1994, section 290.05, 
 38.35  subdivision 3, is amended to read: 
 38.36     Subd. 3.  (a) An organization exempt from taxation under 
 39.1   subdivision 2 shall, nevertheless, be subject to tax under this 
 39.2   chapter to the extent provided in the following provisions of 
 39.3   the Internal Revenue Code:  
 39.4      (i) section 527 (dealing with political organizations); 
 39.5      (ii) section 528 (dealing with certain homeowners 
 39.6   associations); 
 39.7      (iii) sections 511 to 515 (dealing with unrelated business 
 39.8   income); 
 39.9      (iv) section 521 (dealing with farmers' cooperatives); and 
 39.10     (v) section 6033(e)(2) (dealing with lobbying expense); but 
 39.11  notwithstanding this subdivision, shall be considered an 
 39.12  organization exempt from income tax for the purposes of any law 
 39.13  which refers to organizations exempt from income taxes.  
 39.14     (b) The tax shall be imposed on the taxable income of 
 39.15  political organizations or homeowner associations or the 
 39.16  unrelated business taxable income, as defined in section 512 of 
 39.17  the Internal Revenue Code, of organizations defined in section 
 39.18  511 of the Internal Revenue Code, provided that the tax is not 
 39.19  imposed on:  
 39.20     (1) advertising revenues from a newspaper published by an 
 39.21  organization described in section 501(c)(4) of the Internal 
 39.22  Revenue Code; or 
 39.23     (2) revenues from lawful gambling authorized under chapter 
 39.24  349 that are expended for purposes that qualify for the 
 39.25  deduction for charitable contributions under section 170 of the 
 39.26  Internal Revenue Code of 1986, as amended through December 31, 
 39.27  1993, disregarding the limitation under section 170(b)(2), but 
 39.28  only to the extent the contributions are not deductible in 
 39.29  computing federal taxable income. 
 39.30     The tax shall be at the corporate rates.  The tax shall 
 39.31  only be imposed on income and deductions assignable to this 
 39.32  state under sections 290.17 to 290.20.  To the extent deducted 
 39.33  in computing federal taxable income, the deductions contained in 
 39.34  section 290.21 shall not be allowed in computing Minnesota 
 39.35  taxable net income. 
 39.36     (c) The tax shall be imposed on organizations subject to 
 40.1   federal tax under section 6033(e)(2) of the Internal Revenue 
 40.2   Code of 1986, as amended through December 31, 1993, in an amount 
 40.3   equal to the corporate tax rate multiplied by the amount of 
 40.4   lobbying expenses taxed under section 6033(e)(2) which are 
 40.5   attributable to lobbying the Minnesota state government. 
 40.6      Sec. 58.  Minnesota Statutes 1994, section 294.03, 
 40.7   subdivision 2, is amended to read: 
 40.8      Subd. 2.  In case of any failure to make and file a return 
 40.9   as required by this chapter within the time prescribed by law or 
 40.10  prescribed by the commissioner in pursuance of law, a penalty is 
 40.11  imposed of five percent of the amount of tax not timely paid.  
 40.12  The amount so added to any tax shall be collected at the same 
 40.13  time and in the same manner and as a part of the tax, and the 
 40.14  amount of said tax together with the amount so added shall bear 
 40.15  interest at the rate specified in section 270.75 from the time 
 40.16  such tax should have been paid until paid unless the tax has 
 40.17  been paid before the discovery of the neglect, in which case the 
 40.18  amount so added shall be collected in the same manner as the tax.
 40.19     For purposes of this subdivision, the amount of any taxes 
 40.20  required to be shown on the return shall be reduced by the 
 40.21  amount of any part of the tax which is paid on or before the 
 40.22  date prescribed for payment of the tax and by the amount of any 
 40.23  credit against the tax which may be claimed upon the return. 
 40.24     Sec. 59.  Minnesota Statutes 1994, section 297A.25, 
 40.25  subdivision 21, is amended to read: 
 40.26     Subd. 21.  [TEXTBOOKS.] The gross receipts from the sale of 
 40.27  textbooks which are prescribed for use in conjunction with a 
 40.28  course of study in a public or private school, college, 
 40.29  university and business or trade school to students who are 
 40.30  regularly enrolled at such institutions are exempt.  For 
 40.31  purposes of this subdivision a "public school" is defined as one 
 40.32  that furnishes course of study, enrollment and staff that meets 
 40.33  standards of the state board of education and a "private school" 
 40.34  is one which under the standards of the state board of 
 40.35  education, provides an education substantially equivalent to 
 40.36  that furnished at a public school.  "Business and trade schools" 
 41.1   shall mean such schools licensed pursuant to section 141.25. 
 41.2      Sec. 60.  [REPEALER.] 
 41.3      Minnesota Statutes 1994, section 297A.25, subdivision 50, 
 41.4   is repealed. 
 41.5      Sec. 61.  Minnesota Statutes 1994, section 299F.72, 
 41.6   subdivision 1, is amended to read: 
 41.7      Subdivision 1.  [SCOPE.] For the purposes of sections 
 41.8   299F.71 to 299F.83 299F.72 to 299F.831; 609.48, subdivision 4; 
 41.9   609.52, subdivision 3; 609.561; 609.562; 609.563; and 609.713, 
 41.10  the terms defined in this section have the meanings given them.  
 41.11     Sec. 62.  Minnesota Statutes 1994, section 299L.05, is 
 41.12  amended to read: 
 41.14  ACTIVITY.] 
 41.15     An owner of an establishment is prohibited from having 
 41.16  lawful gambling under chapter 349 conducted on the premises, or 
 41.17  selling any lottery tickets under chapter 349A, or having a 
 41.18  video game of chance as defined under section 349.50 located on 
 41.19  the premises, if a person was convicted of violating section 
 41.20  609.76, subdivision 1, clause (7), or 609.76, subdivision (2), 
 41.21  for an activity occurring on the owner's premises. 
 41.22     Sec. 63.  Minnesota Statutes 1994, section 299L.07, 
 41.23  subdivision 2a, is amended to read: 
 41.24     Subd. 2a.  [RESTRICTIONS.] (a) A manufacturer licensed 
 41.25  under this section may sell, offer to sell, lease, or rent, in 
 41.26  whole or in part, a gambling device only to a distributor 
 41.27  licensed under this section. 
 41.28     (b) A distributor licensed under this section may sell, 
 41.29  offer to sell, market, rent, lease, or other otherwise provide, 
 41.30  in whole or in part, a gambling device only to: 
 41.31     (1) the governing body of a federally recognized Indian 
 41.32  tribe that is authorized to operate the gambling device under a 
 41.33  tribal state compact under the Indian Gaming Regulatory Act, 
 41.34  Public Law Number 100-497, and future amendments to it; 
 41.35     (2) a person for use in the person's dwelling for display 
 41.36  or amusement purposes in a manner that does not afford players 
 42.1   an opportunity to obtain anything of value. 
 42.2      Sec. 64.  Minnesota Statutes 1994, section 308A.503, 
 42.3   subdivision 3, is amended to read: 
 42.5   state, or any agency, instrumentality, or political subdivision 
 42.6   of the state, may be a member of a health care cooperative.  Any 
 42.7   governmental hospital authorized, organized or operated under 
 42.8   chapters 158, 250, 376, or 397 or under sections 246A.10 to 
 42.9   246A.27, 412.221, 447.05 to 447.13, or 471.50, or under any 
 42.10  special law authorizing or establishing a hospital or hospital 
 42.11  district, may be a member of a health care provider cooperative. 
 42.12     Sec. 65.  Minnesota Statutes 1994, section 317A.733, 
 42.13  subdivision 1, is amended to read: 
 42.14     Subdivision 1.  [ARTICLES; WHEN FILED.] Articles of 
 42.15  dissolution for a corporation dissolving under section 317A.721 
 42.16  must be filed with the secretary of state after compliance with 
 42.17  section 317A.811, if applicable, and:  
 42.18     (1) the payment of claims of known creditors and claimants 
 42.19  has been made or provided for; 
 42.20     (2) if the corporation has given notice to creditors and 
 42.21  claimants in the manner provided in section 317A.727:  (i) the 
 42.22  90-day period in section 317A.727, subdivision 2, 
 42.23  clause (4) (5), has expired and the payment of claims of the 
 42.24  creditors and claimants filing a claim within that period has 
 42.25  been made or provided for; or (ii) the longer of the periods 
 42.26  described in section 317A.729, clause (2), has expired; or, in 
 42.27  all other cases; 
 42.28     (3) the two-year period described in section 317A.730 has 
 42.29  expired.  
 42.30     Sec. 66.  Minnesota Statutes 1994, section 317A.733, 
 42.31  subdivision 2, is amended to read: 
 42.32     Subd. 2.  [CONTENTS OF ARTICLES.] The articles of 
 42.33  dissolution must state:  
 42.34     (a)(1) whether notice has been given to the creditors and 
 42.35  claimants of the corporation in the manner provided in section 
 42.36  317A.727 and, if notice has been given, the last date on which 
 43.1   the notice was given and:  (i) that the payment of the creditors 
 43.2   and claimants filing a claim within the 90-day period set forth 
 43.3   in section 317A.727, subdivision 2, clause (4) (5), has been 
 43.4   made or provided for; or (ii) the date on which the longer of 
 43.5   the periods described in section 317A.729, clause (2), expired; 
 43.6   or 
 43.7      (2) if notice was not given and articles of dissolution are 
 43.8   being filed under subdivision 1, clause (1), that the debts, 
 43.9   obligations, and liabilities of the corporation have been paid 
 43.10  and discharged or that adequate provisions have been made for 
 43.11  them; 
 43.12     (b) that the remaining assets of the corporation have been 
 43.13  distributed under section 317A.735 or that adequate provision 
 43.14  has been made for the distribution; 
 43.15     (c) that there are no pending legal, administrative, or 
 43.16  arbitration proceedings by or against the corporation, or that 
 43.17  adequate provision has been made for the satisfaction of a 
 43.18  judgment, order, or decree that may be entered against it in a 
 43.19  pending proceeding; and 
 43.20     (d) if applicable, that notice to the attorney general 
 43.21  required by section 317A.811 has been given and the waiting 
 43.22  period has expired or has been waived by the attorney general.  
 43.23     Sec. 67.  Minnesota Statutes 1994, section 340A.503, 
 43.24  subdivision 1, is amended to read: 
 43.25     Subdivision 1.  [CONSUMPTION.] (a) It is unlawful for any: 
 43.26     (1) retail intoxicating liquor or nonintoxicating liquor 
 43.27  licensee, municipal liquor store, or bottle club permit holder 
 43.28  under section 340A.414, to permit any person under the age of 21 
 43.29  years to drink alcoholic beverages on the licensed premises or 
 43.30  within the municipal liquor store; or 
 43.31     (2) person under the age of 21 years to consume any 
 43.32  alcoholic beverages.  If proven by a preponderance of the 
 43.33  evidence, it is an affirmative defense to a violation of this 
 43.34  clause that the defendant consumed the alcoholic beverage in the 
 43.35  household of the defendant's parent or guardian and with the 
 43.36  consent of the parent or guardian.  
 44.1      (b) An offense under paragraph (a), clause (2), may be 
 44.2   prosecuted either at the place where consumption occurs or the 
 44.3   place where evidence of consumption is observed. 
 44.4      (c) When a person is convicted of or adjudicated for an 
 44.5   offense under paragraph (a), clause (2), the court shall 
 44.6   determine whether the person consumed the alcohol while 
 44.7   operating a motor vehicle.  If so, the court shall notify the 
 44.8   commissioner of public safety of its determination.  Upon 
 44.9   receipt of the court's determination, the commissioner shall 
 44.10  suspend the person's driver's license or operating privileges 
 44.11  for 30 days, or for 180 days if the person has previously been 
 44.12  convicted of or adjudicated for an offense under paragraph (a), 
 44.13  clause (2).  
 44.14     (d) As used in this paragraph subdivision, "consume" 
 44.15  includes the ingestion of an alcoholic beverage and the physical 
 44.16  condition of having ingested an alcoholic beverage. 
 44.17     Sec. 68.  Minnesota Statutes 1994, section 349.12, 
 44.18  subdivision 25, is amended to read: 
 44.19     Subd. 25.  [LAWFUL PURPOSE.] (a) "Lawful purpose" means one 
 44.20  or more of the following:  
 44.21     (1) any expenditure by or contribution to a 501(c)(3) 
 44.22  organization, provided that the organization and expenditure or 
 44.23  contribution are in conformity with standards prescribed by the 
 44.24  board under section 349.154; 
 44.25     (2) a contribution to an individual or family suffering 
 44.26  from poverty, homelessness, or physical or mental disability, 
 44.27  which is used to relieve the effects of that poverty, 
 44.28  homelessness, or disability; 
 44.29     (3) a contribution to an individual for treatment for 
 44.30  delayed posttraumatic stress syndrome or a contribution to a 
 44.31  recognized program for the treatment of compulsive gambling on 
 44.32  behalf of an individual who is a compulsive gambler; 
 44.33     (4) a contribution to or expenditure on a public or private 
 44.34  nonprofit educational institution registered with or accredited 
 44.35  by this state or any other state; 
 44.36     (5) a contribution to a scholarship fund for defraying the 
 45.1   cost of education to individuals where the funds are awarded 
 45.2   through an open and fair selection process; 
 45.3      (6) activities by an organization or a government entity 
 45.4   which recognize humanitarian or military service to the United 
 45.5   States, the state of Minnesota, or a community, subject to rules 
 45.6   of the board, provided that the rules must not include mileage 
 45.7   reimbursements in the computation of the per occasion 
 45.8   reimbursement limit and must impose no aggregate annual limit on 
 45.9   the amount of reasonable and necessary expenditures made to 
 45.10  support: 
 45.11     (i) members of a military marching or colorguard unit for 
 45.12  activities conducted within the state; or 
 45.13     (ii) members of an organization solely for services 
 45.14  performed by the members at funeral services; 
 45.15     (7) recreational, community, and athletic facilities and 
 45.16  activities intended primarily for persons under age 21, provided 
 45.17  that such facilities and activities do not discriminate on the 
 45.18  basis of gender and the organization complies with section 
 45.19  349.154; 
 45.20     (8) payment of local taxes authorized under this chapter, 
 45.21  taxes imposed by the United States on receipts from lawful 
 45.22  gambling, the taxes imposed by section 297E.02, subdivisions 1, 
 45.23  4, 5, and 6, and the tax imposed on unrelated business income by 
 45.24  section 290.05, subdivision 3; 
 45.25     (9) payment of real estate taxes and assessments on 
 45.26  permitted gambling premises wholly owned by the licensed 
 45.27  organization paying the taxes, not to exceed: 
 45.28     (i) the amount which an organization may expend under board 
 45.29  rule on rent for premises used for bingo; or 
 45.30     (ii) $15,000 per year for premises used for other forms of 
 45.31  lawful gambling; 
 45.32     (10) a contribution to the United States, this state or any 
 45.33  of its political subdivisions, or any agency or instrumentality 
 45.34  thereof other than a direct contribution to a law enforcement or 
 45.35  prosecutorial agency; 
 45.36     (11) a contribution to or expenditure by a nonprofit 
 46.1   organization which is a church or body of communicants gathered 
 46.2   in common membership for mutual support and edification in 
 46.3   piety, worship, or religious observances; 
 46.4      (12) payment of one-half of the reasonable costs of an 
 46.5   audit required in section 297E.06, subdivision 4; 
 46.6      (13) a contribution to or expenditure on a wildlife 
 46.7   management project that benefits the public at-large, provided 
 46.8   that the state agency with authority over that wildlife 
 46.9   management project approves the project before the contribution 
 46.10  or expenditure is made; or 
 46.11     (14) expenditures, approved by the commissioner of natural 
 46.12  resources, by an organization for grooming and maintaining 
 46.13  snowmobile trails that are (1) grant-in-aid trails established 
 46.14  under section 116J.406 85.019, or (2) other trails open to 
 46.15  public use, including purchase or lease of equipment for this 
 46.16  purpose. 
 46.17     (b) Notwithstanding paragraph (a), "lawful purpose" does 
 46.18  not include: 
 46.19     (1) any expenditure made or incurred for the purpose of 
 46.20  influencing the nomination or election of a candidate for public 
 46.21  office or for the purpose of promoting or defeating a ballot 
 46.22  question; 
 46.23     (2) any activity intended to influence an election or a 
 46.24  governmental decision-making process; 
 46.25     (3) the erection, acquisition, improvement, expansion, 
 46.26  repair, or maintenance of real property or capital assets owned 
 46.27  or leased by an organization, unless the board has first 
 46.28  specifically authorized the expenditures after finding that (i) 
 46.29  the real property or capital assets will be used exclusively for 
 46.30  one or more of the purposes in paragraph (a); (ii) with respect 
 46.31  to expenditures for repair or maintenance only, that the 
 46.32  property is or will be used extensively as a meeting place or 
 46.33  event location by other nonprofit organizations or community or 
 46.34  service groups and that no rental fee is charged for the use; 
 46.35  (iii) with respect to expenditures, including a mortgage payment 
 46.36  or other debt service payment, for erection or acquisition only, 
 47.1   that the erection or acquisition is necessary to replace with a 
 47.2   comparable building, a building owned by the organization and 
 47.3   destroyed or made uninhabitable by fire or natural disaster, 
 47.4   provided that the expenditure may be only for that part of the 
 47.5   replacement cost not reimbursed by insurance; or (iv) with 
 47.6   respect to expenditures, including a mortgage payment or other 
 47.7   debt service payment, for erection or acquisition only, that the 
 47.8   erection or acquisition is necessary to replace with a 
 47.9   comparable building a building owned by the organization that 
 47.10  was acquired from the organization by eminent domain or sold by 
 47.11  the organization to a purchaser that the organization reasonably 
 47.12  believed would otherwise have acquired the building by eminent 
 47.13  domain, provided that the expenditure may be only for that part 
 47.14  of the replacement cost that exceeds the compensation received 
 47.15  by the organization for the building being replaced; 
 47.16     (4) an expenditure by an organization which is a 
 47.17  contribution to a parent organization, foundation, or affiliate 
 47.18  of the contributing organization, if the parent organization, 
 47.19  foundation, or affiliate has provided to the contributing 
 47.20  organization within one year of the contribution any money, 
 47.21  grants, property, or other thing of value; 
 47.22     (5) a contribution by a licensed organization to another 
 47.23  licensed organization unless the board has specifically 
 47.24  authorized the contribution.  The board must authorize such a 
 47.25  contribution when requested to do so by the contributing 
 47.26  organization unless it makes an affirmative finding that the 
 47.27  contribution will not be used by the recipient organization for 
 47.28  one or more of the purposes in paragraph (a); or 
 47.29     (6) a contribution to a statutory or home rule charter 
 47.30  city, county, or town by a licensed organization with the 
 47.31  knowledge that the governmental unit intends to use the 
 47.32  contribution for a pension or retirement fund. 
 47.33     Sec. 69.  Minnesota Statutes 1994, section 349.17, 
 47.34  subdivision 6, is amended to read: 
 47.35     Subd. 6.  [CONDUCT OF BINGO.] (a) Each bingo hard card and 
 47.36  paper sheets must have five horizontal rows of spaces with each 
 48.1   row except one having five numbers.  The center row must have 
 48.2   four numbers and the center space marked "free."  Each column 
 48.3   must have one of the letters B-I-N-G-O in order at the top.  
 48.4   Bingo paper sheets may also have numbers that are not preprinted 
 48.5   but are filled in by players. 
 48.6      (b) A game of bingo begins with the first letter and number 
 48.7   called.  Each player must cover or mark with a liquid dauber the 
 48.8   numbers when bingo balls, similarly numbered, are randomly 
 48.9   drawn, announced, and displayed to the players, either manually 
 48.10  or with a flashboard or and monitor.  The game is won when a 
 48.11  player has covered or marked a previously designated arrangement 
 48.12  of numbers on the card or sheet and declared bingo.  The game is 
 48.13  completed when a winning card or sheet is verified and a prize 
 48.14  awarded.  
 48.15     Sec. 70.  Minnesota Statutes 1994, section 352.01, 
 48.16  subdivision 2a, is amended to read: 
 48.17     Subd. 2a.  [INCLUDED EMPLOYEES.] (a) "State employee" 
 48.18  includes: 
 48.19     (1) employees of the Minnesota historical society; 
 48.20     (2) employees of the state horticultural society; 
 48.21     (3) employees of the Disabled American Veterans, Department 
 48.22  of Minnesota, Veterans of Foreign Wars, Department of Minnesota, 
 48.23  if employed before July 1, 1963; 
 48.24     (4) employees of the Minnesota crop improvement 
 48.25  association; 
 48.26     (5) employees of the adjutant general who are paid from 
 48.27  federal funds and who are not covered by any federal civilian 
 48.28  employees retirement system; 
 48.29     (6) employees of the state universities employed under the 
 48.30  university activities program; 
 48.31     (7) currently contributing employees covered by the system 
 48.32  who are temporarily employed by the legislature during a 
 48.33  legislative session or any currently contributing employee 
 48.34  employed for any special service as defined in clause (8) of 
 48.35  subdivision 2b; 
 48.36     (8) employees of the armory building commission; 
 49.1      (9) permanent employees of the legislature and persons 
 49.2   employed or designated by the legislature or by a legislative 
 49.3   committee or commission or other competent authority to conduct 
 49.4   a special inquiry, investigation, examination, or installation; 
 49.5      (10) trainees who are employed on a full-time established 
 49.6   training program performing the duties of the classified 
 49.7   position for which they will be eligible to receive immediate 
 49.8   appointment at the completion of the training period; 
 49.9      (11) employees of the Minnesota safety council; 
 49.10     (12) any employees on authorized leave of absence from the 
 49.11  transit operating division of the former metropolitan transit 
 49.12  commission who are employed by the labor organization which is 
 49.13  the exclusive bargaining agent representing employees of the 
 49.14  transit operating division; 
 49.15     (13) employees of the metropolitan council, metropolitan 
 49.16  parks and open space commission, metropolitan sports facilities 
 49.17  commission, or the metropolitan mosquito control commission 
 49.18  unless excluded or covered by another public pension fund or 
 49.19  plan under section 473.141, subdivision 12, or 473.415, 
 49.20  subdivision 3; 
 49.21     (14) judges of the tax court; and 
 49.22     (15) personnel employed on June 30, 1992, by the University 
 49.23  of Minnesota in the management, operation, or maintenance of its 
 49.24  heating plant facilities, whose employment transfers to an 
 49.25  employer assuming operation of the heating plant facilities, so 
 49.26  long as the person is employed at the University of Minnesota 
 49.27  heating plant by that employer or by its successor organization. 
 49.28     (b) Employees specified in paragraph (a), clause (15), are 
 49.29  included employees under paragraph (a) providing that employer 
 49.30  and employee contributions are made in a timely manner in the 
 49.31  amounts required by section 352.04.  Employee contributions must 
 49.32  be deducted from salary.  Employer contributions are the sole 
 49.33  obligation of the employer assuming operation of the University 
 49.34  of Minnesota heating plant facilities or any successor 
 49.35  organizations to that employer. 
 49.36     Sec. 71.  Minnesota Statutes 1994, section 354.07, 
 50.1   subdivision 7, is amended to read: 
 50.2      Subd. 7.  Notwithstanding chapter 16 16B, or any law to the 
 50.3   contrary, the board may use the services of the department of 
 50.4   administration, information services division, for electronic 
 50.5   data processing and related services or may contract for all or 
 50.6   a portion of such services. 
 50.7      Sec. 72.  Minnesota Statutes 1994, section 360.305, 
 50.8   subdivision 1, is amended to read: 
 50.9      Subdivision 1.  [LIMITATIONS.] The moneys appropriated to 
 50.10  the commissioner of transportation as contemplated by sections 
 50.11  360.301 to 360.306 section 360.305 shall be used in accordance 
 50.12  with this chapter, in amounts not exceeding the sums specified 
 50.13  for individual purposes in the acts making such appropriations. 
 50.14  Unless otherwise provided in any such act, the governor may on 
 50.15  the governor's own initiative or upon application by the 
 50.16  commissioner of transportation order a change in the provisional 
 50.17  limitations on the amounts to be expended for the individual 
 50.18  purposes specified. 
 50.19     Sec. 73.  Minnesota Statutes 1994, section 360.305, 
 50.20  subdivision 2, is amended to read: 
 50.22  SERVICE PROGRAM.] (a) Before any expenditure of any of the money 
 50.23  appropriated pursuant to sections 360.301 to 360.306 section 
 50.24  360.305 to assist political subdivisions, municipalities, and 
 50.25  public corporations in acquiring, constructing, improving, 
 50.26  maintaining, and operating airports and other air navigation 
 50.27  facilities may be authorized, the commissioner of transportation 
 50.28  shall have made, with the approval of the governor, an order 
 50.29  designating the municipalities and airports which are a part of 
 50.30  the key airport system, the intermediate airport system, the 
 50.31  landing strip system, and the state system of radio and 
 50.32  navigational aids, in accordance with the definitions and 
 50.33  limitations stated in subdivision 3. 
 50.34     (b) The commissioner may use state airports fund money to 
 50.35  provide the state's matching portion required to participate in 
 50.36  the federal essential air service program under United States 
 51.1   Code, title 49 App., sections 1301 to 1551, as amended by the 
 51.2   Airport and Airway Safety and Capacity Expansion Act of 1987, 
 51.3   Public Law Number 100-223, section 202. 
 51.4      Sec. 74.  Minnesota Statutes 1994, section 360.305, 
 51.5   subdivision 5, is amended to read: 
 51.6      Subd. 5.  [COMMISSIONER'S POWERS.] The commissioner of 
 51.7   transportation shall cause to be prepared or supervise the 
 51.8   preparation of plans and specifications for the construction, 
 51.9   improvement, and maintenance of all airports and air navigation 
 51.10  facilities upon which expenditures are made pursuant to sections 
 51.11  360.301 to 360.306 section 360.305; approve such plans and 
 51.12  specifications; supervise and inspect all work; approve all 
 51.13  lawful changes in plans and specifications; approve estimates 
 51.14  for payments; and approve the construction when completed 
 51.15  according to such plans and specifications. 
 51.16     Sec. 75.  Minnesota Statutes 1994, section 365.125, 
 51.17  subdivision 2, is amended to read: 
 51.18     Subd. 2.  [PUBLICATION.] An ordinance must be published 
 51.19  once in a qualified newspaper having general circulation in the 
 51.20  town.  The whole ordinance must be published unless the town 
 51.21  board decides that publishing its title and a summary of it 
 51.22  clearly tells the public of its intent and effect.  The text of 
 51.23  the ordinance, if published, must be in body type no smaller 
 51.24  than brevier or 8-point type as specified in section 331.07. 
 51.25     Sec. 76.  Minnesota Statutes 1994, section 383A.90, 
 51.26  subdivision 2, is amended to read: 
 51.27     Subd. 2.  [PUBLIC CORPORATION.] The "public corporation" 
 51.28  means Ramsey Health Care, Inc., established by Minnesota 
 51.29  Statutes 1986, section 246A.02. 
 51.30     Sec. 77.  [REPEALER.] 
 51.31     Minnesota Statutes 1994, section 383B.614, subdivision 5, 
 51.32  is repealed. 
 51.33     Sec. 78.  Minnesota Statutes 1994, section 383D.71, 
 51.34  subdivision 2, is amended to read: 
 51.35     Subd. 2.  [LEASE OR SALE OF PROPERTY.] Dakota county may 
 51.36  sell or lease any facilities or property or property rights to 
 52.1   accomplish the purposes specified by sections 473.149, 473.151, 
 52.2   and 473.801 to 473.823, 473.831, 473,833, and 473.834.  The 
 52.3   property may be sold or leased in the manner provided by section 
 52.4   469.065 or may be sold or leased in the manner and on the terms 
 52.5   and conditions determined by the county board.  Each 
 52.6   metropolitan county may convey to or permit the use of the 
 52.7   property by a local government unit, with or without 
 52.8   compensation, without submitting the matter to the voters of the 
 52.9   county.  Real property or property rights acquired under this 
 52.10  section may not be disposed of in any manner unless and until 
 52.11  the county has submitted to the agency and the metropolitan 
 52.12  council for review and comment the terms on and the use for 
 52.13  which the property will be disposed of.  The agency and the 
 52.14  council shall review and comment on the proposed disposition 
 52.15  within 60 days after each has received the data relating thereto 
 52.16  from the county. 
 52.17     Sec. 79.  Minnesota Statutes 1994, section 462C.12, 
 52.18  subdivision 2, is amended to read: 
 52.19     Subd. 2.  [POWERS.] The board is granted the following 
 52.20  powers:  
 52.21     (a) The board may issue obligations and other forms of 
 52.22  indebtedness under this section, subject to the terms and 
 52.23  conditions set forth in the joint powers agreement, as may be 
 52.24  from time to time amended. 
 52.25     (b) The board is authorized to exercise the powers 
 52.26  conferred upon the cities of Minneapolis and St. Paul and their 
 52.27  designated housing and redevelopment authorities, or the powers 
 52.28  of an agency exercising the powers of a housing and 
 52.29  redevelopment authority by this chapter and chapter 462 and any 
 52.30  other general or special law of the state of Minnesota relating 
 52.31  to housing or housing finance.  The powers which may be 
 52.32  exercised by the board include, without limitation, the power to 
 52.33  undertake and implement projects, developments, or programs, the 
 52.34  power to issue and sell obligations and other forms of 
 52.35  indebtedness payable exclusively from the revenues of the 
 52.36  programs, projects, or developments undertaken by the board, or 
 53.1   any of the powers the Minnesota housing finance agency may 
 53.2   exercise under chapter 462A, provided that the obligations and 
 53.3   other forms of indebtedness may be sold upon terms and 
 53.4   conditions as the board may from time to time determine.  The 
 53.5   board may exercise the powers conferred by this section only 
 53.6   with respect to projects, programs, or developments within the 
 53.7   corporate limits of the cities of Minneapolis and St. Paul, 
 53.8   except as may be otherwise provided in a joint powers agreement 
 53.9   entered into under section 471.59 between the board and any 
 53.10  other city, housing and redevelopment authority, port authority 
 53.11  or economic development authority established under sections 
 53.12  469.090 to 469.108 in the state of Minnesota.  
 53.13     (c) For the purposes of section 474A.07, the board may be 
 53.14  authorized by the cities of Minneapolis and St. Paul, or by any 
 53.15  other city with which the board enters into a joint powers 
 53.16  agreement, to issue revenue bonds or obligations in an amount 
 53.17  not to exceed the amount of bonds allocated by general or 
 53.18  special law to such cities, or the board may issue mortgage 
 53.19  credit certificates in lieu thereof.  
 53.20     Sec. 80.  [REPEALER.] 
 53.21     Minnesota Statutes 1994, section 469.110, subdivision 9, is 
 53.22  repealed. 
 53.23     Sec. 81.  [REPEALER.] 
 53.24     Minnesota Statutes 1994, section 469.170, subdivision 9, is 
 53.25  repealed. 
 53.26     Sec. 82.  Minnesota Statutes 1994, section 473.121, 
 53.27  subdivision 11, is amended to read: 
 53.29  "Independent commission, board or agency" means governmental 
 53.30  entities with jurisdictions lying in whole or in part within the 
 53.31  metropolitan area but not including agencies that are subject to 
 53.32  the requirements of section 473.161. 
 53.33     Sec. 83.  Minnesota Statutes 1994, section 473.149, 
 53.34  subdivision 4, is amended to read: 
 53.35     Subd. 4.  [ADVISORY COMMITTEE.] The council shall establish 
 53.36  an advisory committee to aid in the preparation of the policy 
 54.1   plan, the performance of the council's responsibilities under 
 54.2   subdivisions 2 to 2e, the review of county master plans and 
 54.3   reports and applications for permits for waste facilities, under 
 54.4   sections 473.151, and 473.801 to 473.823, and 473.831, and other 
 54.5   duties determined by the council.  The committee shall consist 
 54.6   of one-third citizen representatives, one-third representatives 
 54.7   from metropolitan counties and municipalities, and one-third 
 54.8   representatives from private waste management firms.  A 
 54.9   representative from the pollution control agency, one from the 
 54.10  office of waste management established under section 115A.055, 
 54.11  and one from the Minnesota health department shall serve as ex 
 54.12  officio members of the committee. 
 54.13     Sec. 84.  Minnesota Statutes 1994, section 473.192, 
 54.14  subdivision 4, is amended to read: 
 54.16  ABATEMENT.] Nothing in this section shall be construed to 
 54.17  diminish the responsibility of the metropolitan airports 
 54.18  commission to conduct noise abatement programs under section 
 54.19  473.612 or any other state or federal law. 
 54.20     Sec. 85.  Minnesota Statutes 1994, section 473.3993, 
 54.21  subdivision 1, is amended to read: 
 54.22     Subdivision 1.  [APPLICATION.] The definitions in this 
 54.23  section apply to sections section 473.3994 and 473.3996. 
 54.24     Sec. 86.  Minnesota Statutes 1994, section 473.405, 
 54.25  subdivision 1, is amended to read: 
 54.26     Subdivision 1.  [GENERAL.] The metropolitan council has the 
 54.27  powers and duties prescribed by this section and sections 
 54.28  473.404 473.407 to 473.449 and all powers necessary or 
 54.29  convenient to discharge its duties.  
 54.30     Sec. 87.  Minnesota Statutes 1994, section 473.405, 
 54.31  subdivision 12, is amended to read: 
 54.32     Subd. 12.  [MANAGEMENT CONTRACTS.] Notwithstanding any of 
 54.33  the other provisions of this section and sections 473.404 
 54.34  473.407 to 473.449, the council may, in lieu of directly 
 54.35  operating any public transit system or any part thereof, enter 
 54.36  into contracts for management services.  The contracts may 
 55.1   provide for compensation, incentive fees, the employment of 
 55.2   personnel, the services provided, and other terms and conditions 
 55.3   that the council deems proper.  The contracts must provide that 
 55.4   the compensation of personnel who work full time or 
 55.5   substantially full time providing management or other services 
 55.6   for the council is public data under chapter 13.  
 55.7      The council may not permit a contract manager to supervise 
 55.8   or manage internal audit activities.  Internal audit activity 
 55.9   must be supervised and managed directly by the council.  The 
 55.10  council shall advertise for bids and select contracts for 
 55.11  management services through competitive bidding.  The term of 
 55.12  the contract may not be longer than two years.  The contract 
 55.13  must include clear operating objectives, stating the service 
 55.14  policies and goals of the council in terms of the movement of 
 55.15  various passenger groups, and performance criteria, by means of 
 55.16  which success in achieving the operating objectives can be 
 55.17  measured.  The council shall consider and determine the 
 55.18  feasibility and desirability of having all its transit 
 55.19  management services provided internally by employees of the 
 55.20  council.  
 55.21     The employees of any public transit system operated 
 55.22  pursuant to the provisions of this subdivision for the purpose 
 55.23  of resolving any dispute arising under any existing or new 
 55.24  collective bargaining agreement relating to the terms or 
 55.25  conditions of their employment, may either engage in a concerted 
 55.26  refusal to work or to invoke the processes of final and binding 
 55.27  arbitration as provided by chapter 572, subject to any 
 55.28  applicable provisions of the agreement not inconsistent with law.
 55.29     Sec. 88.  Minnesota Statutes 1994, section 473.598, 
 55.30  subdivision 4, is amended to read: 
 55.31     Subd. 4.  [TREATMENT OF DATA.] (a) Except as specifically 
 55.32  provided in this subdivision, all data received by the 
 55.33  commission or council in the course of its negotiations and 
 55.34  acquisition of the basketball and hockey arena is public data.  
 55.35     (b) The commission may keep confidential data received or 
 55.36  prepared by its accountants or counsel for purposes of 
 56.1   negotiations with existing or potential lessees of the 
 56.2   basketball and hockey arena.  That data shall be confidential 
 56.3   data on individuals under section 13.02, subdivision 3, or 
 56.4   protected nonpublic data under section 13.02, subdivision 13, as 
 56.5   the case may be, unless the commission determines that public 
 56.6   release of the data would advance the negotiations, or until the 
 56.7   potential lessees have executed agreements with the commission 
 56.8   or the negotiations are unfavorably concluded.  
 56.9      (c) The following data shall be private data on individuals 
 56.10  under section 13.02, subdivision 12, or nonpublic data under 
 56.11  section 13.02, subdivision 9, as the case may be: 
 56.12     (1) data received by the commission or council from the 
 56.13  present lessees or potential lessees of the basketball and 
 56.14  hockey arena which if made public would, due to the disclosure, 
 56.15  permit a competitive economic advantage to other persons; 
 56.16     (2) data relating to affiliated entities of the parties 
 56.17  referred to in subdivision 2 3 which is not relevant to the due 
 56.18  diligence and economic feasibility study referred to under 
 56.19  subdivision 2 3; and 
 56.20     (3) data on individuals which is not relevant to the 
 56.21  finances of the basketball and hockey arena or useful to 
 56.22  demonstrate the financial ability of the potential lessees of 
 56.23  the arena to perform their agreements with the commission.  
 56.24     (d) For purposes of this subdivision, the terms 
 56.25  "commission" and "council" include their members and employees, 
 56.26  accountants, counsel, and consultants and the firm of 
 56.27  independent certified public accountants to be engaged under 
 56.28  subdivision 2.  
 56.29     (e) Notwithstanding the exceptions in this subdivision, 
 56.30  summary data which demonstrates the financial ability of the 
 56.31  lessees and potential lessees of the basketball and hockey arena 
 56.32  to perform their obligations under agreements with the 
 56.33  commission and data which relates in any way to the value of the 
 56.34  basketball and hockey arena and the amount by which the owners' 
 56.35  investment in the arena, including debt obligations, exceeds the 
 56.36  commission's payments to and assumption of the owners' debt 
 57.1   obligations, shall be public data.  
 57.2      Sec. 89.  Minnesota Statutes 1994, section 473.599, 
 57.3   subdivision 8, is amended to read: 
 57.4      Subd. 8.  [REIMBURSEMENT TO STATE.] The commission shall 
 57.5   compensate the state for its contribution from the general fund 
 57.6   under section 240A.08, plus accrued interest, after payment of 
 57.7   basketball and hockey arena debt service, the necessary and 
 57.8   appropriate funding of debt reserve of the basketball and hockey 
 57.9   arena and all expenses of operation, administration, and 
 57.10  maintenance and the funding of a capital reserve for the repair, 
 57.11  remodeling and renovation of the basketball and hockey arena.  
 57.12  Compensation paid to the state shall occur at the same time that 
 57.13  compensation is paid to the city of Minneapolis, as provided in 
 57.14  paragraph (n) of subdivision 4, on a basis proportionate to the 
 57.15  amount of forbearance of the entertainment tax or surcharge as 
 57.16  provided in paragraph (n) to that date, and the amount of 
 57.17  general fund appropriations paid by the state under section 
 57.18  240A.08 to that date.  No reimbursement will be paid under this 
 57.19  subdivision after (1) the aggregate amount of the appropriations 
 57.20  granted under Laws 1994, chapter 648, article 1, section 240A.08 
 57.21  to that time, plus accrued interest, has been reimbursed under 
 57.22  this subdivision, or (2) December 31, 2024, whichever is earlier.
 57.23     Sec. 90.  Minnesota Statutes 1994, section 473.811, 
 57.24  subdivision 1a, is amended to read: 
 57.25     Subd. 1a.  [RIGHT OF ACCESS.] Whenever the county deems it 
 57.26  necessary to the evaluation of a waste facility for enforcement 
 57.27  purposes or for the accomplishment of any purpose under sections 
 57.28  473.149, 473.153, and 473.801 to 473.834, the county, or any 
 57.29  employee or agent thereof when authorized by it, may enter upon 
 57.30  any property, public or private, for the purpose of obtaining 
 57.31  information or conducting surveys or investigations, provided 
 57.32  that the entrance and activity is undertaken after reasonable 
 57.33  notice and during normal business hours and provided that 
 57.34  compensation is made for any damage to the property caused by 
 57.35  the entrance and activity. 
 57.36     Sec. 91.  Minnesota Statutes 1994, section 473.811, 
 58.1   subdivision 5, is amended to read: 
 58.3   TRANSPORTATION.] (a) Each metropolitan county may adopt 
 58.4   ordinances governing the collection of solid waste.  A county 
 58.5   may adopt, but may not be required to adopt, an ordinance that 
 58.6   requires the separation from mixed municipal waste, by 
 58.7   generators before collection, of materials that can readily be 
 58.8   separated for use or reuse as substitutes for raw materials or 
 58.9   for transformation into a usable soil amendment. 
 58.10     (b) Each local unit of government within the metropolitan 
 58.11  area shall adopt an ordinance governing the collection of solid 
 58.12  waste within its boundaries.  If the county within which it is 
 58.13  located has adopted a collection ordinance, the local unit shall 
 58.14  adopt either the county ordinance by reference or a more strict 
 58.15  ordinance.  If the county within which it is located has adopted 
 58.16  a separation ordinance, the ordinance applies in all local units 
 58.17  within the county that have failed to meet the local abatement 
 58.18  performance standards, as stated in the most recent annual 
 58.19  county report.  
 58.20     (c) Ordinances of counties and local government units may 
 58.21  establish reasonable conditions respecting but shall not prevent 
 58.22  the transportation of solid waste by a licensed collector 
 58.23  through and between counties and local units, except as required 
 58.24  for the enforcement of any designation of a facility by a county 
 58.25  under chapter 115A or for enforcement of the prohibition on 
 58.26  disposal of unprocessed mixed municipal solid waste under 
 58.27  sections 473.848 and 473.849.  
 58.28     (d) A licensed collector or a metropolitan county or local 
 58.29  government unit may request review by the council of an 
 58.30  ordinance adopted under this subdivision.  The council shall 
 58.31  approve or disapprove the ordinance within 60 days of the 
 58.32  submission of a request for review.  The ordinance shall remain 
 58.33  in effect unless it is disapproved. 
 58.34     (e) Ordinances of counties and local units of government: 
 58.35     (1) shall provide for the enforcement of any designation of 
 58.36  facilities by the counties under chapter 115A; 
 59.1      (2) may require waste collectors and transporters to 
 59.2   deliver unprocessed mixed municipal solid waste generated in the 
 59.3   county to processing facilities; and 
 59.4      (3) may prohibit waste collectors and transporters from 
 59.5   delivering unprocessed mixed municipal solid waste generated in 
 59.6   the county to disposal facilities for final disposal. 
 59.7      (f) Nothing in this subdivision limits the authority of the 
 59.8   local government unit to regulate and license collectors of 
 59.9   solid waste or to require review or approval by the council for 
 59.10  ordinances regulating collection.  
 59.11     Sec. 92.  Minnesota Statutes 1994, section 473.834, 
 59.12  subdivision 2, is amended to read: 
 59.13     Subd. 2.  [ALLOCATION OF DEBT SERVICE.] The annual debt 
 59.14  service on the council's solid waste bonds, issued 
 59.15  under Minnesota Statutes 1990, section 473.831, shall be 
 59.16  annually apportioned and certified by the council to each county 
 59.17  in the metropolitan area, in the proportion that the net tax 
 59.18  capacity of all taxable property within each county bears to the 
 59.19  net tax capacity of the taxable property in all the counties, 
 59.20  except that the apportionment to each county shall first be 
 59.21  adjusted to reflect exemptions from payment required by 
 59.22  subdivision 1. 
 59.23     Sec. 93.  Minnesota Statutes 1994, section 474A.061, 
 59.24  subdivision 2a, is amended to read: 
 59.25     Subd. 2a.  [HOUSING POOL ALLOCATION.] (a) On the first 
 59.26  business day that falls on a Monday of the calendar year, the 
 59.27  first Monday in February, the first Monday in March, and the 
 59.28  first Monday in April, the commissioner shall allocate available 
 59.29  bonding authority in the housing pool to applications received 
 59.30  by the Monday of the previous week for residential rental 
 59.31  projects that meet the eligibility criteria under section 
 59.32  474A.047.  After April 1, and through April 15, the Minnesota 
 59.33  housing finance agency may accept applications from cities for 
 59.34  single-family housing programs which meet program requirements 
 59.35  as follows:  
 59.36     (1) the housing program must meet a locally identified 
 60.1   housing need and be economically viable; 
 60.2      (2) the adjusted income of home buyers may not exceed the 
 60.3   greater of the agency's income limits or 80 percent of the area 
 60.4   median income as published by the Department of Housing and 
 60.5   Urban Development; 
 60.6      (3) house price limits may not exceed: 
 60.7      (i) the greater of agency house price limits or the federal 
 60.8   price limits for housing up to a maximum of $95,000; or 
 60.9      (ii) for a new construction affordability initiative, the 
 60.10  greater of 115 percent of agency house price limits or 90 
 60.11  percent of the median purchase price in the city for which the 
 60.12  bonds are to be sold up to a maximum of $95,000. 
 60.13     Data establishing the median purchase price in the city 
 60.14  must be included in the application by a city requesting house 
 60.15  price limits higher than the housing finance agency's house 
 60.16  price limits; 
 60.17     (4) the housing program meets the requirements of section 
 60.18  474A.048; and 
 60.19     (5) (4) an application deposit equal to one percent of the 
 60.20  requested allocation must be submitted with the city's signed 
 60.21  allocation agreement.  The agency shall submit the city's 
 60.22  application and application deposit to the commissioner when 
 60.23  requesting an allocation from the housing pool. 
 60.24     The Minnesota housing finance agency may accept 
 60.25  applications from July 1 through July 15 from cities for 
 60.26  single-family housing programs which meet program requirements 
 60.27  specified under clauses (1) to (5) (4) if bonding authority is 
 60.28  available in the housing pool.  The agency and a representative 
 60.29  for each applicant shall negotiate the terms of an agreement 
 60.30  regarding the allocation of available authority among the 
 60.31  applicants.  The agreement must allot available bonding 
 60.32  authority among the applicants.  For purposes of paragraphs (a) 
 60.33  to (d), "city" means county and has the meaning given it in 
 60.34  section 462C.02, subdivision 6, and "agency" means the Minnesota 
 60.35  housing finance agency.  
 60.36     (b) Upon reaching agreement with participating cities, the 
 61.1   agency shall forward the agreement and application deposit 
 61.2   checks to the commissioner.  The agreement must specify the 
 61.3   amounts allotted to each applicant.  The agency may issue bonds 
 61.4   on behalf of participating cities.  The agency shall request an 
 61.5   allocation from the commissioner for all applicants who choose 
 61.6   to have the agency issue bonds on their behalf and the 
 61.7   commissioner shall allocate the requested amount to the agency.  
 61.8   The agency may request an allocation at any time after the first 
 61.9   Monday in April and through the last Monday in July, but may 
 61.10  request an allocation no later than the last Monday in July.  
 61.11  The commissioner shall return any application deposit to a city 
 61.12  that paid an application deposit under paragraph (a), clause 
 61.13  (5) (4), but was not part of the agreement forwarded to the 
 61.14  commissioner under this paragraph. 
 61.15     (c) A city may choose to issue bonds on its own behalf or 
 61.16  through a joint powers agreement or may use bonding authority 
 61.17  for mortgage credit certificates and may request an allocation 
 61.18  from the commissioner.  If the total amount requested by all 
 61.19  applicants exceeds the amount available in the pool, the city 
 61.20  may not receive a greater allocation than the amount it would 
 61.21  have received under the agreement forwarded by the Minnesota 
 61.22  housing finance agency to the commissioner.  No city may request 
 61.23  or receive an allocation from the commissioner until the 
 61.24  agreement under paragraph (b) has been forwarded to the 
 61.25  commissioner.  On and after the first Monday in April and 
 61.26  through the last Monday in July, no city may receive an 
 61.27  allocation from the housing pool which has not first applied to 
 61.28  the Minnesota housing finance agency.  The commissioner shall 
 61.29  allocate the requested amount to the city or cities subject to 
 61.30  the limitations under this paragraph.  
 61.31     (d) If a city issues mortgage bonds from an allocation 
 61.32  received under paragraph (c), the issuer must provide for the 
 61.33  recycling of funds into new loans.  If the issuer is not able to 
 61.34  provide for recycling, the issuer must notify the commissioner 
 61.35  in writing of the reason that recycling was not possible and the 
 61.36  reason the issuer elected not to have the Minnesota housing 
 62.1   finance agency issue the bonds.  "Recycling" means the use of 
 62.2   money generated from the repayment and prepayment of loans for 
 62.3   further eligible loans or for the redemption of bonds and the 
 62.4   issuance of current refunding bonds. 
 62.5      (e) The total amount of allocation for mortgage bonds or 
 62.6   mortgage credit certificates for one city is limited to the 
 62.7   lesser of (i) $4,000,000 or (ii) 20 percent of the total amount 
 62.8   available for allocation for mortgage bonds from the housing 
 62.9   pool on the first Tuesday after the first Monday in April. 
 62.10     (f) No city in an entitlement county may apply for or be 
 62.11  allocated authority to issue bonds or use mortgage credit 
 62.12  certificates from the housing pool. 
 62.13     (g) A city that does not use at least 50 percent of their 
 62.14  allotment by April 15 and at least $200,000 of their allotment 
 62.15  in the calendar year in which the allotment is made available 
 62.16  under paragraph (b), may not apply to the housing pool for a 
 62.17  single-family mortgage bond or mortgage credit certificate 
 62.18  program allocation or receive an allotment under the housing 
 62.19  pool agreement in the succeeding calendar year. 
 62.20     Sec. 94.  Minnesota Statutes 1994, section 518.551, 
 62.21  subdivision 5, is amended to read: 
 62.22     Subd. 5.  [NOTICE TO PUBLIC AUTHORITY; GUIDELINES.] (a) The 
 62.23  petitioner shall notify the public authority of all proceedings 
 62.24  for dissolution, legal separation, determination of parentage or 
 62.25  for the custody of a child, if either party is receiving aid to 
 62.26  families with dependent children or applies for it subsequent to 
 62.27  the commencement of the proceeding.  The notice must contain the 
 62.28  full names of the parties to the proceeding, their social 
 62.29  security account numbers, and their birth dates.  After receipt 
 62.30  of the notice, the court shall set child support as provided in 
 62.31  this subdivision.  The court may order either or both parents 
 62.32  owing a duty of support to a child of the marriage to pay an 
 62.33  amount reasonable or necessary for the child's support, without 
 62.34  regard to marital misconduct.  The court shall approve a child 
 62.35  support stipulation of the parties if each party is represented 
 62.36  by independent counsel, unless the stipulation does not meet the 
 63.1   conditions of paragraph (i).  In other cases the court shall 
 63.2   determine and order child support in a specific dollar amount in 
 63.3   accordance with the guidelines and the other factors set forth 
 63.4   in paragraph (b) (c) and any departure therefrom.  The court may 
 63.5   also order the obligor to pay child support in the form of a 
 63.6   percentage share of the obligor's net bonuses, commissions, or 
 63.7   other forms of compensation, in addition to, or if the obligor 
 63.8   receives no base pay, in lieu of, an order for a specific dollar 
 63.9   amount. 
 63.10     (b) The court shall derive a specific dollar amount for 
 63.11  child support by multiplying the obligor's net income by the 
 63.12  percentage indicated by the following guidelines:  
 63.13  Net Income Per            Number of Children 
 63.14  Month of Obligor 
 63.15                1     2     3     4     5     6    7 or 
 63.16                                                   more 
 63.17  $550 and Below     Order based on the ability of the 
 63.18                     obligor to provide support  
 63.19                     at these income levels, or at higher  
 63.20                     levels, if the obligor has 
 63.21                     the earning ability. 
 63.22  $551 - 600   16%   19%   22%   25%   28%   30%   32% 
 63.23  $601 - 650   17%   21%   24%   27%   29%   32%   34% 
 63.24  $651 - 700   18%   22%   25%   28%   31%   34%   36% 
 63.25  $701 - 750   19%   23%   27%   30%   33%   36%   38% 
 63.26  $751 - 800   20%   24%   28%   31%   35%   38%   40% 
 63.27  $801 - 850   21%   25%   29%   33%   36%   40%   42% 
 63.28  $851 - 900   22%   27%   31%   34%   38%   41%   44% 
 63.29  $901 - 950   23%   28%   32%   36%   40%   43%   46% 
 63.30  $951 - 1000  24%   29%   34%   38%   41%   45%   48% 
 63.31  $1001- 5000  25%   30%   35%   39%   43%   47%   50% 
 63.32  or the amount 
 63.33  in effect under
 63.34  paragraph (k)
 63.35     Guidelines for support for an obligor with a monthly income 
 63.36  in excess of the income limit currently in effect under 
 64.1   paragraph (k) shall be the same dollar amounts as provided for 
 64.2   in the guidelines for an obligor with a monthly income equal to 
 64.3   the limit in effect. 
 64.4   Net Income defined as: 
 64.6            Total monthly 
 64.7            income less           *(i) Federal Income Tax 
 64.8                                 *(ii) State Income Tax 
 64.9                                 (iii) Social Security
 64.10                                       Deductions 
 64.11                                 (iv) Reasonable
 64.12                                       Pension Deductions
 64.13           *Standard 
 64.14           Deductions apply-      (v) Union Dues 
 64.15           use of tax tables     (vi) Cost of Dependent Health
 64.16           recommended                 Insurance Coverage  
 64.17                                (vii) Cost of Individual or Group
 64.18                                       Health/Hospitalization
 64.19                                       Coverage or an        
 64.20                                       Amount for Actual 
 64.21                                       Medical Expenses   
 64.22                               (viii) A Child Support or  
 64.23                                       Maintenance Order that is
 64.24                                       Currently Being Paid. 
 64.25     "Net income" does not include: 
 64.26     (1) the income of the obligor's spouse, but does include 
 64.27  in-kind payments received by the obligor in the course of 
 64.28  employment, self-employment, or operation of a business if the 
 64.29  payments reduce the obligor's living expenses; or 
 64.30     (2) compensation received by a party for employment in 
 64.31  excess of a 40-hour work week, provided that: 
 64.32     (i) support is nonetheless ordered in an amount at least 
 64.33  equal to the guidelines amount based on income not excluded 
 64.34  under this clause; and 
 64.35     (ii) the party demonstrates, and the court finds, that: 
 64.36     (A) the excess employment began after the filing of the 
 65.1   petition for dissolution; 
 65.2      (B) the excess employment reflects an increase in the work 
 65.3   schedule or hours worked over that of the two years immediately 
 65.4   preceding the filing of the petition; 
 65.5      (C) the excess employment is voluntary and not a condition 
 65.6   of employment; 
 65.7      (D) the excess employment is in the nature of additional, 
 65.8   part-time or overtime employment compensable by the hour or 
 65.9   fraction of an hour; and 
 65.10     (E) the party's compensation structure has not been changed 
 65.11  for the purpose of affecting a support or maintenance obligation.
 65.12     The court shall review the work-related and 
 65.13  education-related child care costs paid and shall allocate the 
 65.14  costs to each parent in proportion to each parent's net income, 
 65.15  as determined under this subdivision, after the transfer of 
 65.16  child support and spousal maintenance, unless the allocation 
 65.17  would be substantially unfair to either parent.  There is a 
 65.18  presumption of substantial unfairness if after the sum total of 
 65.19  child support, spousal maintenance, and child care costs is 
 65.20  subtracted from the noncustodial parent's income, the income is 
 65.21  at or below 100 percent of the federal poverty guidelines.  The 
 65.22  cost of child care for purposes of this paragraph is 75 percent 
 65.23  of the actual cost paid for child care, to reflect the 
 65.24  approximate value of state and federal tax credits available to 
 65.25  the custodial parent.  The actual cost paid for child care is 
 65.26  the total amount received by the child care provider for the 
 65.27  child or children from the obligee or any public agency.  The 
 65.28  amount allocated for child care expenses is considered child 
 65.29  support but is not subject to a cost-of-living adjustment under 
 65.30  section 518.641.  The amount allocated for child care expenses 
 65.31  terminates when the child care costs end. 
 65.32     (c) In addition to the child support guidelines, the court 
 65.33  shall take into consideration the following factors in setting 
 65.34  or modifying child support or in determining whether to deviate 
 65.35  from the guidelines: 
 65.36     (1) all earnings, income, and resources of the parents, 
 66.1   including real and personal property, but excluding income from 
 66.2   excess employment of the obligor or obligee that meets the 
 66.3   criteria of paragraph (b), clause (2)(ii); 
 66.4      (2) the financial needs and resources, physical and 
 66.5   emotional condition, and educational needs of the child or 
 66.6   children to be supported; 
 66.7      (3) the standards standard of living the child would have 
 66.8   enjoyed had the marriage not been dissolved, but recognizing 
 66.9   that the parents now have separate households; 
 66.10     (4) which parent receives the income taxation dependency 
 66.11  exemption and what financial benefit the parent receives from 
 66.12  it; 
 66.13     (5) the parents' debts as provided in paragraph (d); and 
 66.14     (6) the obligor's receipt of assistance under sections 
 66.15  256.72 to 256.87 or 256B.01 to 256B.40.  
 66.16     (d) In establishing or modifying a support obligation, the 
 66.17  court may consider debts owed to private creditors, but only if: 
 66.18     (1) the right to support has not been assigned under 
 66.19  section 256.74; 
 66.20     (2) the court determines that the debt was reasonably 
 66.21  incurred for necessary support of the child or parent or for the 
 66.22  necessary generation of income.  If the debt was incurred for 
 66.23  the necessary generation of income, the court shall consider 
 66.24  only the amount of debt that is essential to the continuing 
 66.25  generation of income; and 
 66.26     (3) the party requesting a departure produces a sworn 
 66.27  schedule of the debts, with supporting documentation, showing 
 66.28  goods or services purchased, the recipient of them, the amount 
 66.29  of the original debt, the outstanding balance, the monthly 
 66.30  payment, and the number of months until the debt will be fully 
 66.31  paid. 
 66.32     (e) Any schedule prepared under paragraph (d), clause (3), 
 66.33  shall contain a statement that the debt will be fully paid after 
 66.34  the number of months shown in the schedule, barring emergencies 
 66.35  beyond the party's control.  
 66.36     (f) Any further departure below the guidelines that is 
 67.1   based on a consideration of debts owed to private creditors 
 67.2   shall not exceed 18 months in duration, after which the support 
 67.3   shall increase automatically to the level ordered by the court.  
 67.4   Nothing in this section shall be construed to prohibit one or 
 67.5   more step increases in support to reflect debt retirement during 
 67.6   the 18-month period.  
 67.7      (g) If payment of debt is ordered pursuant to this section, 
 67.8   the payment shall be ordered to be in the nature of child 
 67.9   support.  
 67.10     (h) Nothing shall preclude the court from receiving 
 67.11  evidence on the above factors to determine if the guidelines 
 67.12  should be exceeded or modified in a particular case.  
 67.13     (i) The guidelines in this subdivision are a rebuttable 
 67.14  presumption and shall be used in all cases when establishing or 
 67.15  modifying child support.  If the court does not deviate from the 
 67.16  guidelines, the court shall make written findings concerning the 
 67.17  amount of the obligor's income used as the basis for the 
 67.18  guidelines calculation and any other significant evidentiary 
 67.19  factors affecting the determination of child support.  If the 
 67.20  court deviates from the guidelines, the court shall make written 
 67.21  findings giving the amount of support calculated under the 
 67.22  guidelines, the reasons for the deviation, and shall 
 67.23  specifically address the criteria in paragraph (b) (c) and how 
 67.24  the deviation serves the best interest of the child.  The 
 67.25  provisions of this paragraph apply whether or not the parties 
 67.26  are each represented by independent counsel and have entered 
 67.27  into a written agreement.  The court shall review stipulations 
 67.28  presented to it for conformity to the guidelines and the court 
 67.29  is not required to conduct a hearing, but the parties shall 
 67.30  provide the documentation of earnings required under subdivision 
 67.31  5b. 
 67.32     (j) If the child support payments are assigned to the 
 67.33  public agency under section 256.74, the court may not deviate 
 67.34  downward from the child support guidelines unless the court 
 67.35  specifically finds that the failure to deviate downward would 
 67.36  impose an extreme hardship on the obligor. 
 68.1      (k) The dollar amount of the income limit for application 
 68.2   of the guidelines must be adjusted on July 1 of every 
 68.3   even-numbered year to reflect cost-of-living changes.  The 
 68.4   supreme court shall select the index for the adjustment from the 
 68.5   indices listed in section 518.641.  The state court 
 68.6   administrator shall make the changes in the dollar amount 
 68.7   required by this paragraph available to courts and the public on 
 68.8   or before April 30 of the year in which the amount is to change. 
 68.9      Sec. 95.  Minnesota Statutes 1994, section 518C.101, is 
 68.10  amended to read: 
 68.11     518C.101 [DEFINITIONS.] 
 68.12     In this chapter: 
 68.13     (a) "Child" means an individual, whether over or under the 
 68.14  age of majority, who is or is alleged to be owed a duty of 
 68.15  support by the individual's parent or who is or is alleged to be 
 68.16  the beneficiary of a support order directed to the parent. 
 68.17     (b) "Child support order" means a support order for a 
 68.18  child, including a child who has attained the age of majority 
 68.19  under the law of the issuing state. 
 68.20     (c) "Duty of support" means an obligation imposed or 
 68.21  imposable by law to provide support for a child, spouse, or 
 68.22  former spouse, including an unsatisfied obligation to provide 
 68.23  support. 
 68.24     (d) "Home state" means the state in which a child lived 
 68.25  with a parent or a person acting as parent for at least six 
 68.26  consecutive months immediately preceding the time of filing of a 
 68.27  petition or comparable pleading for support and, if a child is 
 68.28  less than six months old, the state in which the child lived 
 68.29  from birth with any of them.  A period of temporary absence of 
 68.30  any of them is counted as part of the six-month or other period. 
 68.31     (e) "Income" includes earnings or other periodic 
 68.32  entitlements to money from any source and any other property 
 68.33  subject to withholding for support under the law of this state. 
 68.34     (f) "Income-withholding order" means an order or other 
 68.35  legal process directed to an obligor's employer or other debtor 
 68.36  under section 518.611 or 518.613, to withhold support from the 
 69.1   income of the obligor. 
 69.2      (g) "Initiating state" means a state in which a proceeding 
 69.3   under this chapter or a law substantially similar to this 
 69.4   chapter, the uniform reciprocal enforcement of support act, or 
 69.5   the revised uniform reciprocal enforcement of support act is 
 69.6   filed for forwarding to a responding state. 
 69.7      (h) "Initiating tribunal" means the authorized tribunal in 
 69.8   an initiating state. 
 69.9      (i) "Issuing state" means the state in which a tribunal 
 69.10  issues a support order or renders a judgment determining 
 69.11  parentage. 
 69.12     (j) "Issuing tribunal" means the tribunal that issues a 
 69.13  support order or renders a judgment determining parentage. 
 69.14     (k) "Law" includes decisional and statutory law and rules 
 69.15  and regulations having the force of law. 
 69.16     (l) "Obligee" means: 
 69.17     (1) an individual to whom a duty of support is or is 
 69.18  alleged to be owed or in whose favor a support order has been 
 69.19  issued or a judgment determining parentage has been rendered; 
 69.20     (2) a state or political subdivision to which the rights 
 69.21  under a duty of support or support order have been assigned or 
 69.22  which has independent claims based on financial assistance 
 69.23  provided to an individual obligee; or 
 69.24     (3) an individual seeking a judgment determining parentage 
 69.25  of the individual's child. 
 69.26     (m) "Obligor" means an individual, or the estate of a 
 69.27  decedent: 
 69.28     (1) who owes or is alleged to owe a duty of support; 
 69.29     (2) who is alleged but has not been adjudicated to be a 
 69.30  parent of a child; or 
 69.31     (3) who is liable under a support order. 
 69.32     (n) "Petition" means a petition or comparable pleading used 
 69.33  pursuant to section 518.551, subdivision 10 518.5511. 
 69.34     (o) "Register" means to file a support order or judgment 
 69.35  determining parentage in the office of the court administrator. 
 69.36     (p) "Registering tribunal" means a tribunal in which a 
 70.1   support order is registered. 
 70.2      (q) "Responding state" means a state to which a proceeding 
 70.3   is forwarded under this chapter or a law substantially similar 
 70.4   to this chapter, the uniform reciprocal enforcement of support 
 70.5   act, or the revised uniform reciprocal enforcement of support 
 70.6   act. 
 70.7      (r) "Responding tribunal" means the authorized tribunal in 
 70.8   a responding state. 
 70.9      (s) "Spousal support order" means a support order for a 
 70.10  spouse or former spouse of the obligor. 
 70.11     (t) "State" means a state of the United States, the 
 70.12  District of Columbia, the Commonwealth of Puerto Rico, or any 
 70.13  territory or insular possession subject to the jurisdiction of 
 70.14  the United States.  "State" includes an Indian tribe and a 
 70.15  foreign jurisdiction that has established procedures for 
 70.16  issuance and enforcement of support orders that are 
 70.17  substantially similar to the procedures under this chapter.  
 70.18     (u) "Support enforcement agency" means a public official or 
 70.19  agency authorized to: 
 70.20     (1) seek enforcement of support orders or laws relating to 
 70.21  the duty of support; 
 70.22     (2) seek establishment or modification of child support; 
 70.23     (3) seek determination of parentage; or 
 70.24     (4) locate obligors or their assets. 
 70.25     (v) "Support order" means a judgment, decree, or order, 
 70.26  whether temporary, final, or subject to modification, for the 
 70.27  benefit of a child, spouse, or former spouse, which provides for 
 70.28  monetary support, health care, arrearages, or reimbursement, and 
 70.29  may include related costs and fees, interest, income 
 70.30  withholding, attorney's fees, and other relief. 
 70.31     (w) "Tribunal" means a court, administrative agency, or 
 70.32  quasi-judicial entity authorized to establish, enforce, or 
 70.33  modify support orders or to determine parentage. 
 70.34     Sec. 96.  Minnesota Statutes 1994, section 524.2-210, is 
 70.35  amended to read: 
 71.1      (a) Only original recipients of the decedent's nonprobate 
 71.2   transfers to others, and the donees of the recipients of the 
 71.3   decedent's nonprobate transfers to others, to the extent the 
 71.4   donees have the property or its proceeds, are liable to make a 
 71.5   proportional contribution toward satisfaction of the surviving 
 71.6   spouse's elective-share or supplemental elective-share amount.  
 71.7   A person liable to make contribution may choose to give up the 
 71.8   proportional part that has been received of the decedent's 
 71.9   nonprobate transfers or to pay the value of the amount for which 
 71.10  the person is liable.  
 71.11     (b) If any section or part of any section of this part is 
 71.12  preempted by federal law with respect to a payment, an item of 
 71.13  property, or any other benefit included in the decedent's 
 71.14  nonprobate transfers to others, a person who is not a bona fide 
 71.15  purchaser and who receives the payment, item of property, or any 
 71.16  other benefit is obligated to return the payment, item of 
 71.17  property, or benefit, or is personally liable for the amount of 
 71.18  the payment or the value of that item of property or benefit, as 
 71.19  provided in section 524.2-209, to the person who would have been 
 71.20  entitled to it were that section or part of that section not 
 71.21  preempted. 
 71.22     Sec. 97.  Minnesota Statutes 1994, section 525.011, 
 71.23  subdivision 1, is amended to read: 
 71.24     Subdivision 1.  Except in the counties of Hennepin and 
 71.25  Ramsey the probate court shall also exercise the powers, duties 
 71.26  and jurisdiction conferred upon courts by chapters 487, 491, and 
 71.27  492, and 493. 
 71.28     Sec. 98.  Minnesota Statutes 1994, section 554.04, 
 71.29  subdivision 2, is amended to read: 
 71.30     Subd. 2.  [DAMAGES.] (a) A moving party may petition the 
 71.31  court for damages under this section in conjunction with a 
 71.32  motion under this chapter. 
 71.33     (b) If a motion under this chapter is granted and the 
 71.34  moving party demonstrates that the respondent brought the cause 
 71.35  of action in the underlying lawsuit for the purpose of 
 71.36  harassment, to inhibit the moving party's public participation, 
 72.1   to interfere with the moving party's exercise of protected 
 72.2   constitutional rights, or otherwise wrongfully injure the moving 
 72.3   party, the court shall award the moving party actual damages.  
 72.4   The court may award the moving party punitive damages under 
 72.5   section 549.20.  A motion to amend the pleadings under section 
 72.6   529.191 549.191 is not required under this section, but the 
 72.7   claim for punitive damages must meet all other requirements of 
 72.8   section 549.191. 
 72.9      Sec. 99.  Minnesota Statutes 1994, section 609.342, 
 72.10  subdivision 1, is amended to read: 
 72.11     Subdivision 1.  [CRIME DEFINED.] A person who engages in 
 72.12  sexual penetration with another person, or in sexual contact 
 72.13  with a person under 13 years of age as defined in section 
 72.14  609.341, subdivision 11, paragraph (c), is guilty of criminal 
 72.15  sexual conduct in the first degree if any of the following 
 72.16  circumstances exists: 
 72.17     (a) the complainant is under 13 years of age and the actor 
 72.18  is more than 36 months older than the complainant.  Neither 
 72.19  mistake as to the complainant's age nor consent to the act by 
 72.20  the complainant is a defense; 
 72.21     (b) the complainant is at least 13 years of age but less 
 72.22  than 16 years of age and the actor is more than 48 months older 
 72.23  than the complainant and in a position of authority over the 
 72.24  complainant, and uses this authority to cause the complainant to 
 72.25  submit.  Neither mistake as to the complainant's age nor consent 
 72.26  to the act by the complainant is a defense; 
 72.27     (c) circumstances existing at the time of the act cause the 
 72.28  complainant to have a reasonable fear of imminent great bodily 
 72.29  harm to the complainant or another; 
 72.30     (d) the actor is armed with a dangerous weapon or any 
 72.31  article used or fashioned in a manner to lead the complainant to 
 72.32  reasonably believe it to be a dangerous weapon and uses or 
 72.33  threatens to use the weapon or article to cause the complainant 
 72.34  to submit; 
 72.35     (e) the actor causes personal injury to the complainant, 
 72.36  and either of the following circumstances exist: 
 73.1      (i) the actor uses force or coercion to accomplish sexual 
 73.2   penetration; or 
 73.3      (ii) the actor knows or has reason to know that the 
 73.4   complainant is mentally impaired, mentally incapacitated, or 
 73.5   physically helpless; 
 73.6      (f) the actor is aided or abetted by one or more 
 73.7   accomplices within the meaning of section 609.05, and either of 
 73.8   the following circumstances exists: 
 73.9      (i) an accomplice uses force or coercion to cause the 
 73.10  complainant to submit; or 
 73.11     (ii) an accomplice is armed with a dangerous weapon or any 
 73.12  article used or fashioned in a manner to lead the complainant 
 73.13  reasonably to believe it to be a dangerous weapon and uses or 
 73.14  threatens to use the weapon or article to cause the complainant 
 73.15  to submit; 
 73.16     (g) the actor has a significant relationship to the 
 73.17  complainant and the complainant was under 16 years of age at the 
 73.18  time of the sexual penetration.  Neither mistake as to the 
 73.19  complainant's age nor consent to the act by the complainant is a 
 73.20  defense; or 
 73.21     (h) the actor has a significant relationship to the 
 73.22  complainant, the complainant was under 16 years of age at the 
 73.23  time of the sexual penetration, and: 
 73.24     (i) the actor or an accomplice used force or coercion to 
 73.25  accomplish the penetration; 
 73.26     (ii) the complainant suffered personal injury; or 
 73.27     (iii) the sexual abuse involved multiple acts committed 
 73.28  over an extended period of time. 
 73.29     Neither mistake as to the complainant's age nor consent to 
 73.30  the act by the complainant is a defense. 
 73.31     Sec. 100.  Minnesota Statutes 1994, section 609.561, 
 73.32  subdivision 3, is amended to read: 
 73.33     Subd. 3.  Whoever unlawfully by means of fire or 
 73.34  explosives, intentionally destroys or damages any building not 
 73.35  included in subdivision 1, whether the property of the actor or 
 73.36  another, commits arson in the first degree if a combustible or 
 74.1   flammable liquid is used to start or accelerate the fire and may 
 74.2   be sentenced to imprisonment for not more than 20 years or a 
 74.3   fine of not more than $20,000, or both. 
 74.4      As used in this subdivision, "flammable liquid" means any 
 74.5   liquid having a flash point below 100 degrees Fahrenheit and 
 74.6   having a vapor pressure not exceeding 40 pounds per square inch 
 74.7   (absolute) at 100 degrees Fahrenheit, but does not include 
 74.8   intoxicating liquor as defined in section 340A.101.  As used in 
 74.9   this subdivision, "combustible liquid" means a liquid having a 
 74.10  flash point at or above 100 degrees Fahrenheit. 
 74.11     Sec. 101.  Minnesota Statutes 1994, section 609.66, 
 74.12  subdivision 1d, is amended to read: 
 74.13     Subd. 1d.  [FELONY; POSSESSION ON SCHOOL PROPERTY.] (a) 
 74.14  Whoever possesses, stores, or keeps a dangerous weapon or uses 
 74.15  or brandishes a replica firearm or a BB gun on school property 
 74.16  is guilty of a felony and may be sentenced to imprisonment for 
 74.17  not more than two years or to payment of a fine of not more than 
 74.18  $5,000, or both. 
 74.19     (b) Whoever possesses, stores, or keeps a replica firearm 
 74.20  or a BB gun on school property is guilty of a gross misdemeanor. 
 74.21     (c) As used in this subdivision: 
 74.22     (1) "BB gun" means a device that fires or ejects a shot 
 74.23  measuring .18 of an inch or less in diameter; 
 74.24     (2) "dangerous weapon" has the meaning given it in section 
 74.25  609.02, subdivision 6; 
 74.26     (3) "replica firearm" has the meaning given it in section 
 74.27  609.713; and 
 74.28     (4) "school property" means: 
 74.29     (i) a public or private elementary, middle, or secondary 
 74.30  school building and its grounds, whether leased or owned by the 
 74.31  school; and 
 74.32     (ii) the area within a school bus when that bus is being 
 74.33  used to transport one or more elementary, middle, or secondary 
 74.34  school students. 
 74.35     (d) This subdivision does not apply to: 
 74.36     (1) licensed peace officers, military personnel, or 
 75.1   students participating in military training, who are performing 
 75.2   official duties; 
 75.3      (2) persons who carry pistols according to the terms of a 
 75.4   permit; 
 75.5      (3) persons who keep or store in a motor vehicle pistols in 
 75.6   accordance with sections 624.714 and 624.715 or other firearms 
 75.7   in accordance with section 97B.045; 
 75.8      (4) firearm safety or marksmanship courses or activities 
 75.9   conducted on school property; 
 75.10     (5) possession of dangerous weapons, BB guns, or replica 
 75.11  firearms by a ceremonial color guard; 
 75.12     (6) a gun or knife show held on school property; or 
 75.13     (7) possession of dangerous weapons, BB guns, or replica 
 75.14  firearms with written permission of the principal. 
 75.15     Sec. 102.  [REPEALER.] 
 75.16     Minnesota Statutes 1994, section 611A.032, is repealed. 
 75.17     Sec. 103.  [REPEALER.] 
 75.18     Minnesota Statutes 1994, sections 624.01 and 624.03, are 
 75.19  repealed.  
 75.20     Sec. 104.  [REPEALER.] 
 75.21     Laws 1986, First Special Session chapter 1, article 9, 
 75.22  section 18, is repealed.  
 75.23     Sec. 105.  [REPEALER.] 
 75.24     Laws 1986, First Special Session chapter 2, article 3, 
 75.25  section 1, is repealed.  
 75.26     Sec. 106.  [REPEALER.] 
 75.27     Laws 1987, chapter 254, section 8, is repealed.  
 75.28     Sec. 107.  [REPEALER.] 
 75.29     Laws 1988, chapter 486, section 59, is repealed.  
 75.30     Sec. 108.  [REPEALER.] 
 75.31     Laws 1990, chapter 562, article 10, section 1, is repealed. 
 75.32     Sec. 109.  [REPEALER.] 
 75.33     Laws 1993, chapter 146, article 5, section 15, is repealed. 
 75.34     Sec. 110.  Laws 1993, chapter 273, section 1, as amended by 
 75.35  Laws 1994, chapter 623, article 1, section 41, is amended to 
 75.36  read: 
 76.2   COUNTIES.] 
 76.3      Notwithstanding Minnesota Statutes, section 97B.301, 
 76.4   subdivision 2, during the 1994, 1995, and 1996 hunting seasons 
 76.5   in Kittleson Kittson, Lake of the Woods, Marshall, Pennington, 
 76.6   and Roseau counties a person may obtain one firearms deer 
 76.7   license and one archery deer license in the same license year 
 76.8   and may take one deer under each license. 
 76.9      Sec. 111.  [REPEALER.] 
 76.10     Laws 1994, chapter 485, section 14, is repealed. 
 76.11     Sec. 112.  Laws 1994, chapter 628, article 2, section 5, is 
 76.12  amended to read: 
 76.13     Sec. 5.  [APPLICATION.] 
 76.14     This article Laws 1994, chapter 628, article 2, applies in 
 76.15  the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, 
 76.16  and Washington. 
 76.17     Sec. 113.  [REPEALER.] 
 76.18     Laws 1994, chapter 647, article 1, section 4, is repealed.  
 76.19     Sec. 114.  Laws 1994, chapter 647, article 7, section 19, 
 76.20  subdivision 4, is amended to read: 
 76.22  an educational performance improvement grant pilot project under 
 76.23  section 10 18: 
 76.24        $800,000      .......      1995 
 76.25     The state board of education shall enter into contracts to 
 76.26  award at least three grants, one each to an urban, suburban, and 
 76.27  rural school district.  This appropriation is available until 
 76.28  June 30, 1996, unless the commissioner has entered into a 
 76.29  contract and has certified to the commissioner of finance the 
 76.30  amount needed to make payments on the contract.  Any remaining 
 76.31  appropriation shall cancel June 30, 1996.  
 76.32     Sec. 115.  [REPEALER.] 
 76.33     Laws 1994, chapter 647, article 8, section 46, paragraph 
 76.34  (b), is repealed. 
 76.35     Sec. 116.  [REVIVAL OF RULES.] 
 76.36     Notwithstanding Minnesota Statutes, section 645.36, 
 77.1   Minnesota Rules, parts 8700.6410, 8700.9000, 8700.9010, 
 77.2   8700.9020, and 8700.9030, relating to licensing of school health 
 77.3   professionals, repealed in Laws 1994, chapter 647, article 8, 
 77.4   section 46, paragraph (b), are revived on the effective date of 
 77.5   this section. 
 77.6      Sec. 117.  [REPEALER.] 
 77.7      Laws 1994, chapter 647, article 13, section 3, is repealed. 
 77.8      Sec. 118.  [REPEALER.] 
 77.9      Laws 1994, chapter 647, article 13, section 14, is repealed.
 77.10     Sec. 119.  [REVISOR'S INSTRUCTION.] 
 77.11     In each of Minnesota Statutes referred to in column A, the 
 77.12  revisor of statutes shall delete the reference in column B and 
 77.13  insert the reference in column C. 
 77.14       Column A              Column B           Column C
 77.15       115C.08, subd. 3      296.14             296.141
 77.16       123.77, subd. 1       123.79             123.805 
 77.17       123.932, subd. 1a     123.937            123.947 
 77.18       124.225, subd. 8a     275.125, subd. 5   124.226, subd. 1
 77.19       126.661, subds. 1,6   126.67             126.681
 77.20       128C.08, subd. 1      129.121            128C.01 
 77.21       136A.101, subd. 1     136A.132           136A.1311 
 77.22       136A.121, subd. 16    136A.132           136A.1352 
 77.23       169.305, subd. 1      473.122            473.121 
 77.24       275.62, subd. 3       116K.04, subd. 4   4A.02 
 77.25       290A.03, subd. 13     274.19, subd. 8    273.125, subd. 8
 77.26       296.12, subd. 4       296.14, subd. 2    296.141, subd. 4
 77.27       296.16, subd. 2       296.14, subd. 2    296.141, subd. 4
 77.28       296.25, subd. 1       296.14             296.141 (twice)
 77.29       297E.09, subd. 3      349.219            297E.15 (twice)
 77.30       326.78, subds. 2,3,5  326.82             326.81 
 77.31       367.36, subd. 1       326.23             326.229 
 77.32       383A.12, subd. 2      245.68             245.66 
 77.33       383B.221, subd. 2     144.8092           144.8091
 77.34       394.24, subd. 3       473.122            473.121 
 77.35       394.25, subd. 5a      473.122            473.121 
 77.36       458A.26               197.45             197.455 
 78.1        458A.26               197.47             197.46 
 78.2        469.174, subd. 19     473.872            473.871 
 78.3        471.49, subd. 10      326.23             326.229 
 78.4        473.146, subd. 1      473.872            473.871 
 78.5        473.411, subds. 4,5   473.404            473.405 
 78.6        473.415, subd. 1      473.404            473.405 
 78.7        473.446, subd. 1      473.404            473.405 
 78.8        473.446, subd. 1a     473.404            473.405 
 78.9        473.449               473.404            473.405 
 78.10       473.639               360.093            360.073 
 78.11       473F.02, subd. 21     473.122            473.123 
 78.12       477A.0122, subd. 1    275.0725           257.0725
 78.13       524.1-201             527.01             527.21