1.1 	A bill for an act
1.2 	relating to legislation; correcting erroneous, ambiguous, and omitted text and 
1.3 	obsolete references; eliminating certain redundant, conflicting, and superseded 
1.4 	provisions; making miscellaneous technical corrections to statutes and other 
1.5 	laws;amending Minnesota Statutes 2006, sections 13.202, subdivision 3; 
1.6 	13.322, subdivision 1; 13.3806, subdivision 1; 13.635, subdivision 1; 13.681, 
1.7 	subdivision 1; 13.712, subdivision 1; 13.83, subdivision 10; 13.871, subdivisions 
1.8 	1, 6; 17.117, subdivision 3; 46.044, subdivision 1; 72A.20, subdivision 11; 
1.9 	103F.725, subdivision 1a; 103I.005, subdivision 22; 103I.311, subdivision 
1.10 	3; 115A.554; 123B.88, subdivision 19; 124D.59, subdivision 3; 126C.17, 
1.11 	subdivision 9; 144.396, subdivision 9; 144.581, subdivision 1; 144A.461; 
1.12 	145B.02, subdivision 5; 148.736, subdivisions 2, 3; 169.01, subdivision 4b; 
1.13 	169.421, subdivision 5; 169.448, subdivision 1; 171.12, subdivision 2a; 174.03, 
1.14 	subdivision 8; 175.35; 237.411, subdivision 5; 244.08; 256.98, subdivision 
1.15 	7; 256B.04, subdivision 16; 256B.35, subdivision 1; 256J.30, subdivision 9; 
1.16 	256J.32, subdivision 4; 256J.42, subdivisions 5, 6; 256J.425, subdivisions 5, 
1.17 	6; 256J.46, subdivision 1; 256J.50, subdivision 1; 256J.521, subdivision 4; 
1.18 	256J.54, subdivision 5; 260B.235, subdivision 5; 260C.007, subdivision 6; 
1.19 	270.81, subdivision 1; 270.82, subdivision 1; 270.83, subdivision 3; 273.1398, 
1.20 	subdivision 6; 275.065, subdivision 5a; 282.01, subdivision 1b; 289A.08, 
1.21 	subdivision 7; 289A.63, subdivision 6; 290.0921, subdivision 3; 297A.70, 
1.22 	subdivision 13; 298.282, subdivision 2; 300.15; 300.64, subdivision 4; 321.0108; 
1.23 	332.30; 352.03, subdivision 11; 352.119, subdivision 3; 354.07, subdivision 
1.24 	3; 354A.12, subdivisions 1, 2a; 356.30, subdivision 1; 356.65, subdivision 
1.25 	2; 386.015, subdivision 5; 422A.101, subdivision 2; 424A.02, subdivision 8a; 
1.26 	458D.18, subdivision 9; 469.153, subdivision 2; 480.182; 484.012; 501B.86, 
1.27 	subdivision 2; 508A.22, subdivision 3; 518C.310; 550.04; 609.101, subdivision 
1.28 	3; 609.75, subdivision 1; 609B.121; 609B.164; 609B.265, subdivision 3; 
1.29 	609B.515; 611.272; Minnesota Statutes 2007 Supplement, sections 16C.03, 
1.30 	subdivision 10; 103I.235, subdivision 1; 136A.127, subdivision 8; 144.121, 
1.31 	subdivision 5b; 148.67, subdivision 1; 183.57, subdivision 2; 183.59; 216B.1637; 
1.32 	256.01, subdivision 23; 256.476, subdivision 4; 256B.0915, subdivisions 3a, 
1.33 	3e; 256B.49, subdivision 16a; 256J.49, subdivision 13; 256J.55, subdivision 1; 
1.34 	268.101, subdivision 2; 325E.386, subdivision 1; 326.91, subdivision 1; 352.01, 
1.35 	subdivision 2b; 446A.051, subdivision 1; 446A.072, subdivision 5a; Laws 2007, 
1.36 	chapter 147, article 19, section 3, subdivision 4; proposing coding for new 
1.37 	law in Minnesota Statutes, chapter 609B; repealing Minnesota Statutes 2006, 
1.38 	sections 35.701; 35.96, subdivision 5; 62Q.64; 216C.30, subdivision 4; 256E.21, 
1.39 	subdivision 3; 289A.11, subdivision 2; 383D.47; 473.1551, subdivision 1; 
2.1 	473.553, subdivision 14; 473.616; 484.69, subdivision 1a; 525.091, subdivision 
2.2 	2; Laws 2006, chapter 270, article 2, section 13; Laws 2007, chapter 128, article 
2.3 	6, section 16; Laws 2007, chapter 134, article 1, section 8; Laws 2007, chapter 
2.4 	147, article 1, section 32.
2.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.6 	ARTICLE 1
2.7 	GENERAL

2.8 	Section 1. Minnesota Statutes 2007 Supplement, section 16C.03, subdivision 10, is 
2.9 	amended to read:
2.10 		Subd. 10.Cooperative purchasing. The commissioner is authorized to enter into a 
2.11 	cooperative purchasing agreement for the provision of goods, services, and utilities with 
2.12 	one or more other states or governmental units, as described in section 471.59, subdivision 
2.13 	1; entities defined in section 16C.23, subdivision 1; a registered combined charitable 
2.14 	organization and its affiliated agencies as defined by section 309.501 43A.50; a charitable 
2.15 	organization defined in section 309.50, subdivision 4, that is also a recipient of a state 
2.16 	grant or contract; or a nonprofit community health clinic defined in section 145.9268. 
2.17 	The commissioner is authorized to enter into cooperative purchasing agreements for the 
2.18 	purchase of goods, services, and utilities with health care facilities that are required to 
2.19 	provide indigent care or any entity recognized by another state's statutes as authorized to 
2.20 	use that state's commodity or service contracts.

2.21 	Sec. 2. Minnesota Statutes 2006, section 46.044, subdivision 1, is amended to read:
2.22 		Subdivision 1.Charters issued, conditions. An application for a bank charter must 
2.23 	be granted if (1) the applicants are of good moral character and financial integrity, (2) there 
2.24 	is a reasonable public demand for this bank in this location, (3) the organization expenses 
2.25 	being paid by the bank do not exceed those allowed by section 46.043, (4) the probable 
2.26 	volume of business in this location is sufficient to insure and maintain the solvency of 
2.27 	the new bank and the solvency of the then existing bank or banks in the locality without 
2.28 	endangering the safety of any bank in the locality as a place of deposit of public and 
2.29 	private money, (5)(4) the commissioner of commerce is satisfied that the proposed bank 
2.30 	will be properly and safely managed, and (6)(5) the commissioner is satisfied that the 
2.31 	capital funds required pursuant to section 48.02 are available and the commissioner may 
2.32 	accept any reasonable demonstration including subscription agreements supported by 
2.33 	current financial statements. If the application does not satisfy the requirements of this 
2.34 	subdivision, it must be denied. In case of the denial of the application, the commissioner 
3.1 	of commerce shall specify the grounds for the denial. A person aggrieved may obtain 
3.2 	judicial review of the determination in accordance with chapter 14. 

3.3 	Sec. 3. Minnesota Statutes 2006, section 72A.20, subdivision 11, is amended to read:
3.4 		Subd. 11.Application to certain sections. Violating any provision of the following 
3.5 	sections of this chapter not set forth in this section shall constitute an unfair method of 
3.6 	competition and an unfair and deceptive act or practice: sections 72A.12, subdivisions 2, 
3.7 	3, and 4, 72A.16, subdivision 2, 72A.03 and 72A.04, 72A.08, subdivision 1, as modified 
3.8 	by sections 72A.08, subdivision 4, 72A.201, and sections 72A.49 to 72A.505, and 65B.13. 

3.9 	Sec. 4. Minnesota Statutes 2006, section 103I.005, subdivision 22, is amended to read:
3.10 		Subd. 22.Well disclosure certificate. "Well disclosure certificate" means a 
3.11 	certificate containing the requirements of section 103I.235, subdivision 1, paragraph (k) (j). 

3.12 	Sec. 5. Minnesota Statutes 2007 Supplement, section 103I.235, subdivision 1, is 
3.13 	amended to read:
3.14 		Subdivision 1.Disclosure of wells to buyer. (a) Before signing an agreement to 
3.15 	sell or transfer real property, the seller must disclose in writing to the buyer information 
3.16 	about the status and location of all known wells on the property, by delivering to the buyer 
3.17 	either a statement by the seller that the seller does not know of any wells on the property, 
3.18 	or a disclosure statement indicating the legal description and county, and a map drawn 
3.19 	from available information showing the location of each well to the extent practicable. 
3.20 	In the disclosure statement, the seller must indicate, for each well, whether the well is in 
3.21 	use, not in use, or sealed.
3.22 	(b) At the time of closing of the sale, the disclosure statement information, name and 
3.23 	mailing address of the buyer, and the quartile, section, township, and range in which each 
3.24 	well is located must be provided on a well disclosure certificate signed by the seller or a 
3.25 	person authorized to act on behalf of the seller.
3.26 	(c) A well disclosure certificate need not be provided if the seller does not know 
3.27 	of any wells on the property and the deed or other instrument of conveyance contains 
3.28 	the statement: "The Seller certifies that the Seller does not know of any wells on the 
3.29 	described real property."
3.30 	(d) If a deed is given pursuant to a contract for deed, the well disclosure certificate 
3.31 	required by this subdivision shall be signed by the buyer or a person authorized to act on 
3.32 	behalf of the buyer. If the buyer knows of no wells on the property, a well disclosure 
3.33 	certificate is not required if the following statement appears on the deed followed by the 
4.1 	signature of the grantee or, if there is more than one grantee, the signature of at least one 
4.2 	of the grantees: "The Grantee certifies that the Grantee does not know of any wells on the 
4.3 	described real property." The statement and signature of the grantee may be on the front 
4.4 	or back of the deed or on an attached sheet and an acknowledgment of the statement by 
4.5 	the grantee is not required for the deed to be recordable.
4.6 	(e) This subdivision does not apply to the sale, exchange, or transfer of real property:
4.7 	(1) that consists solely of a sale or transfer of severed mineral interests; or
4.8 	(2) that consists of an individual condominium unit as described in chapters 515 
4.9 	and 515B.
4.10 	(f) For an area owned in common under chapter 515 or 515B the association or other 
4.11 	responsible person must report to the commissioner by July 1, 1992, the location and 
4.12 	status of all wells in the common area. The association or other responsible person must 
4.13 	notify the commissioner within 30 days of any change in the reported status of wells.
4.14 	(g) For real property sold by the state under section 92.67, the lessee at the time of 
4.15 	the sale is responsible for compliance with this subdivision.
4.16 	(h)(g) If the seller fails to provide a required well disclosure certificate, the buyer, or 
4.17 	a person authorized to act on behalf of the buyer, may sign a well disclosure certificate 
4.18 	based on the information provided on the disclosure statement required by this section 
4.19 	or based on other available information.
4.20 	(i)(h) A county recorder or registrar of titles may not record a deed or other 
4.21 	instrument of conveyance dated after October 31, 1990, for which a certificate of value 
4.22 	is required under section 272.115, or any deed or other instrument of conveyance dated 
4.23 	after October 31, 1990, from a governmental body exempt from the payment of state deed 
4.24 	tax, unless the deed or other instrument of conveyance contains the statement made in 
4.25 	accordance with paragraph (c) or (d) or is accompanied by the well disclosure certificate 
4.26 	containing all the information required by paragraph (b) or (d). The county recorder or 
4.27 	registrar of titles must not accept a certificate unless it contains all the required information. 
4.28 	The county recorder or registrar of titles shall note on each deed or other instrument 
4.29 	of conveyance accompanied by a well disclosure certificate that the well disclosure 
4.30 	certificate was received. The notation must include the statement "No wells on property" 
4.31 	if the disclosure certificate states there are no wells on the property. The well disclosure 
4.32 	certificate shall not be filed or recorded in the records maintained by the county recorder or 
4.33 	registrar of titles. After noting "No wells on property" on the deed or other instrument of 
4.34 	conveyance, the county recorder or registrar of titles shall destroy or return to the buyer the 
4.35 	well disclosure certificate. The county recorder or registrar of titles shall collect from the 
4.36 	buyer or the person seeking to record a deed or other instrument of conveyance, a fee of 
5.1 	$45 for receipt of a completed well disclosure certificate. By the tenth day of each month, 
5.2 	the county recorder or registrar of titles shall transmit the well disclosure certificates to the 
5.3 	commissioner of health. By the tenth day after the end of each calendar quarter, the county 
5.4 	recorder or registrar of titles shall transmit to the commissioner of health $37.50 of the fee 
5.5 	for each well disclosure certificate received during the quarter. The commissioner shall 
5.6 	maintain the well disclosure certificate for at least six years. The commissioner may store 
5.7 	the certificate as an electronic image. A copy of that image shall be as valid as the original.
5.8 	(j)(i) No new well disclosure certificate is required under this subdivision if the 
5.9 	buyer or seller, or a person authorized to act on behalf of the buyer or seller, certifies on 
5.10 	the deed or other instrument of conveyance that the status and number of wells on the 
5.11 	property have not changed since the last previously filed well disclosure certificate. The 
5.12 	following statement, if followed by the signature of the person making the statement, is 
5.13 	sufficient to comply with the certification requirement of this paragraph: "I am familiar 
5.14 	with the property described in this instrument and I certify that the status and number of 
5.15 	wells on the described real property have not changed since the last previously filed well 
5.16 	disclosure certificate." The certification and signature may be on the front or back of the 
5.17 	deed or on an attached sheet and an acknowledgment of the statement is not required for 
5.18 	the deed or other instrument of conveyance to be recordable.
5.19 	(k)(j) The commissioner in consultation with county recorders shall prescribe the 
5.20 	form for a well disclosure certificate and provide well disclosure certificate forms to 
5.21 	county recorders and registrars of titles and other interested persons.
5.22 	(l)(k) Failure to comply with a requirement of this subdivision does not impair:
5.23 	(1) the validity of a deed or other instrument of conveyance as between the parties 
5.24 	to the deed or instrument or as to any other person who otherwise would be bound by 
5.25 	the deed or instrument; or
5.26 	(2) the record, as notice, of any deed or other instrument of conveyance accepted for 
5.27 	filing or recording contrary to the provisions of this subdivision.

5.28 	Sec. 6. Minnesota Statutes 2006, section 103I.311, subdivision 3, is amended to read:
5.29 		Subd. 3.Prohibition on state land purchased without well identification. The 
5.30 	state may not purchase or sell a fee interest in real property without identifying the location 
5.31 	of all wells on the property, whether in use, not in use, or sealed, and making provisions to 
5.32 	have the wells not in use properly sealed at the cost of the seller as part of the contract. 
5.33 	For real property sold by the state under section 92.67, the lessee at the time of the sale 
5.34 	is responsible for compliance under this subdivision. The deed or other instrument of 
5.35 	conveyance evidencing the sale may not be recorded with the county recorder or registrar 
6.1 	of titles unless this subdivision is complied with. Failure to comply with a requirement of 
6.2 	this subdivision does not impair: 
6.3 	(1) the validity of a deed or other instrument of conveyance as between the parties 
6.4 	to the deed or instrument or as to any other person who otherwise would be bound by 
6.5 	the deed or instrument; or
6.6 	(2) the record, as notice, of any deed or other instrument of conveyance accepted for 
6.7 	filing or recording contrary to the provisions of this subdivision.

6.8 	Sec. 7. Minnesota Statutes 2006, section 115A.554, is amended to read:
6.9 	115A.554 AUTHORITY OF SANITARY DISTRICTS.
6.10 	A sanitary district has the authorities and duties of counties within the district's 
6.11 	boundary for purposes of sections 115A.0716; 115A.46, subdivisions 4 and 5; 115A.48; 
6.12 	115A.545;115A.551; 115A.552; 115A.553; 115A.919; 115A.929; 115A.93; 115A.96, 
6.13 	subdivision 6; 115A.961; 116.072; 375.18, subdivision 14; 400.04; 400.06; 400.07; 
6.14 	400.08; 400.16; and 400.161.

6.15 	Sec. 8. Minnesota Statutes 2006, section 123B.88, subdivision 19, is amended to read:
6.16 		Subd. 19.Disabled person transport to developmental achievement center
6.17 	day training and habilitation program. The board must contract with any licensed 
6.18 	developmental achievement centerday training and habilitation program attended by 
6.19 	a resident disabled person who fulfills the eligibility requirements of section 252.23, 
6.20 	subdivision 1 256B.092, to transport the resident disabled person to the developmental 
6.21 	achievement center program in return for payment by the center program of the cost of the 
6.22 	transportation, if transportation by the board is in the best interest of the disabled person 
6.23 	and is not unreasonably burdensome to the district and if a less expensive, reasonable, 
6.24 	alternative means of transporting the disabled person does not exist. If the board and the 
6.25 	developmental achievement center program are unable to agree to a contract, either the 
6.26 	board or the center program may appeal to the commissioner to resolve the conflict. All 
6.27 	decisions of the commissioner shall be final and binding upon the board and the center
6.28 	program. 

6.29 	Sec. 9. Minnesota Statutes 2006, section 124D.59, subdivision 3, is amended to read:
6.30 		Subd. 3.Essential instructional personnel. "Essential instructional personnel" 
6.31 	means the following:
6.32 	(1) a teacher licensed by the state Board of Teaching to teach bilingual education 
6.33 	or English as a second language;
7.1 	(2) a teacher with an exemption from a teaching license requirement pursuant to 
7.2 	section 124D.62 who is employed in a school district's English as a second language 
7.3 	or bilingual education program;
7.4 	(3) any teacher as defined in section 122A.15 who holds a valid license from the 
7.5 	state Board of Teaching, if the district assures the department that the teacher will obtain 
7.6 	the preservice and in-service training the department considers necessary to enable the 
7.7 	teacher to provide appropriate service to pupils of limited English proficiency. 

7.8 	Sec. 10. Minnesota Statutes 2006, section 126C.17, subdivision 9, is amended to read:
7.9 		Subd. 9.Referendum revenue. (a) The revenue authorized by section 126C.10, 
7.10 	subdivision 1, may be increased in the amount approved by the voters of the district 
7.11 	at a referendum called for the purpose. The referendum may be called by the board or 
7.12 	shall be called by the board upon written petition of qualified voters of the district. The 
7.13 	referendum must be conducted one or two calendar years before the increased levy 
7.14 	authority, if approved, first becomes payable. Only one election to approve an increase 
7.15 	may be held in a calendar year. Unless the referendum is conducted by mail under 
7.16 	subdivision 11, paragraph (g) (a), the referendum must be held on the first Tuesday 
7.17 	after the first Monday in November. The ballot must state the maximum amount of the 
7.18 	increased revenue per resident marginal cost pupil unit. The ballot may state a schedule, 
7.19 	determined by the board, of increased revenue per resident marginal cost pupil unit that 
7.20 	differs from year to year over the number of years for which the increased revenue is 
7.21 	authorized or may state that the amount shall increase annually by the rate of inflation. 
7.22 	For this purpose, the rate of inflation shall be the annual inflationary increase calculated 
7.23 	under subdivision 2, paragraph (b). The ballot may state that existing referendum levy 
7.24 	authority is expiring. In this case, the ballot may also compare the proposed levy authority 
7.25 	to the existing expiring levy authority, and express the proposed increase as the amount, if 
7.26 	any, over the expiring referendum levy authority. The ballot must designate the specific 
7.27 	number of years, not to exceed ten, for which the referendum authorization applies. The 
7.28 	ballot, including a ballot on the question to revoke or reduce the increased revenue amount 
7.29 	under paragraph (c), must abbreviate the term "per resident marginal cost pupil unit" as 
7.30 	"per pupil." The notice required under section 275.60 may be modified to read, in cases of 
7.31 	renewing existing levies:
7.32 	"BY VOTING "YES" ON THIS BALLOT QUESTION, YOU MAY BE VOTING 
7.33 	FOR A PROPERTY TAX INCREASE."
7.34 	The ballot may contain a textual portion with the information required in this 
7.35 	subdivision and a question stating substantially the following:
8.1 	"Shall the increase in the revenue proposed by (petition to) the board of ........., 
8.2 	School District No. .., be approved?"
8.3 	If approved, an amount equal to the approved revenue per resident marginal cost 
8.4 	pupil unit times the resident marginal cost pupil units for the school year beginning in 
8.5 	the year after the levy is certified shall be authorized for certification for the number of 
8.6 	years approved, if applicable, or until revoked or reduced by the voters of the district at a 
8.7 	subsequent referendum.
8.8 	(b) The board must prepare and deliver by first class mail at least 15 days but no more 
8.9 	than 30 days before the day of the referendum to each taxpayer a notice of the referendum 
8.10 	and the proposed revenue increase. The board need not mail more than one notice to any 
8.11 	taxpayer. For the purpose of giving mailed notice under this subdivision, owners must be 
8.12 	those shown to be owners on the records of the county auditor or, in any county where 
8.13 	tax statements are mailed by the county treasurer, on the records of the county treasurer. 
8.14 	Every property owner whose name does not appear on the records of the county auditor 
8.15 	or the county treasurer is deemed to have waived this mailed notice unless the owner 
8.16 	has requested in writing that the county auditor or county treasurer, as the case may be, 
8.17 	include the name on the records for this purpose. The notice must project the anticipated 
8.18 	amount of tax increase in annual dollars for typical residential homesteads, agricultural 
8.19 	homesteads, apartments, and commercial-industrial property within the school district.
8.20 	The notice for a referendum may state that an existing referendum levy is expiring 
8.21 	and project the anticipated amount of increase over the existing referendum levy in 
8.22 	the first year, if any, in annual dollars for typical residential homesteads, agricultural 
8.23 	homesteads, apartments, and commercial-industrial property within the district.
8.24 	The notice must include the following statement: "Passage of this referendum will 
8.25 	result in an increase in your property taxes." However, in cases of renewing existing 
8.26 	levies, the notice may include the following statement: "Passage of this referendum may 
8.27 	result in an increase in your property taxes."
8.28 	(c) A referendum on the question of revoking or reducing the increased revenue 
8.29 	amount authorized pursuant to paragraph (a) may be called by the board and shall be called 
8.30 	by the board upon the written petition of qualified voters of the district. A referendum to 
8.31 	revoke or reduce the revenue amount must state the amount per resident marginal cost 
8.32 	pupil unit by which the authority is to be reduced. Revenue authority approved by the 
8.33 	voters of the district pursuant to paragraph (a) must be available to the school district at 
8.34 	least once before it is subject to a referendum on its revocation or reduction for subsequent 
8.35 	years. Only one revocation or reduction referendum may be held to revoke or reduce 
8.36 	referendum revenue for any specific year and for years thereafter.
9.1 	(d) A petition authorized by paragraph (a) or (c) is effective if signed by a number of 
9.2 	qualified voters in excess of 15 percent of the registered voters of the district on the day 
9.3 	the petition is filed with the board. A referendum invoked by petition must be held on the 
9.4 	date specified in paragraph (a).
9.5 	(e) The approval of 50 percent plus one of those voting on the question is required to 
9.6 	pass a referendum authorized by this subdivision.
9.7 	(f) At least 15 days before the day of the referendum, the district must submit a 
9.8 	copy of the notice required under paragraph (b) to the commissioner and to the county 
9.9 	auditor of each county in which the district is located. Within 15 days after the results 
9.10 	of the referendum have been certified by the board, or in the case of a recount, the 
9.11 	certification of the results of the recount by the canvassing board, the district must notify 
9.12 	the commissioner of the results of the referendum.

9.13 	Sec. 11. Minnesota Statutes 2007 Supplement, section 136A.127, subdivision 8, 
9.14 	is amended to read:
9.15 		Subd. 8.Documentation of qualifying household income. Achieve Scholarship 
9.16 	Program applicants must certify on the application that they meet the income eligibility 
9.17 	requirement in subdivision 5 4, clause (2) (3). The Office of Higher Education or the 
9.18 	postsecondary institution may request documentation needed to confirm income eligibility.

9.19 	Sec. 12. Minnesota Statutes 2007 Supplement, section 144.121, subdivision 5b, 
9.20 	is amended to read:
9.21 		Subd. 5b.Variance of scope of practice. The commissioner may grant a variance 
9.22 	according to Minnesota Rules, parts 4717.7000 to 4717.7050, to a facility for the scope of 
9.23 	practice of an x-ray operator in cases where the delivery of health care would otherwise be 
9.24 	compromised if a variance were not granted. The request for a variance must be in writing, 
9.25 	state the circumstances that constitute hardship, state the period of time the facility wishes 
9.26 	to have the variance for the scope of practice in place, and state the alternative measures 
9.27 	that will be taken if the variance is granted. The commissioner shall set forth in writing 
9.28 	the reasons for granting or denying the variance. Variances granted by the commissioner 
9.29 	must specify in writing the time limitation and required alternative measures to be taken 
9.30 	by the facility. A request for the variance shall be denied if the commissioner finds the 
9.31 	circumstances stated by the facility do not support a claim of hardship, the requested time 
9.32 	period for the variance is unreasonable, the alternative measures proposed by the facility 
9.33 	are not equivalent to the scope of practice, or the request for the variance is not submitted 
9.34 	to the commissioner in a timely manner.

10.1 	Sec. 13. Minnesota Statutes 2006, section 144.396, subdivision 9, is amended to read:
10.2 		Subd. 9.Evaluation. (a) Using the outcome measures established in subdivision 2, 
10.3 	the commissioner of health shall conduct a biennial evaluation of the statewide and local 
10.4 	tobacco use prevention projects and community health board activities funded under 
10.5 	this section. The evaluation must include:
10.6 	(1) the effect of these activities on the amount of tobacco use by youth and rates at 
10.7 	which youth start to use tobacco products; and
10.8 	(2) a longitudinal tracking of outcomes for youth.
10.9 	Grant recipients and community health boards shall cooperate with the commissioner 
10.10 	in the evaluation and provide the commissioner with the information necessary to conduct 
10.11 	the evaluation. Beginning January 15, 2003, the results of each evaluation must be 
10.12 	submitted to the chairs and members of the house Health and Human Services Finance 
10.13 	Committee and the senate Health and Family Security Budget Division.
10.14 	(b) A maximum of $150,000 of the annual appropriation described in section 
10.15 	144.395, subdivision 2, paragraph (c), that is appropriated on July 1, 2000, and in every 
10.16 	odd-numbered year thereafter, may be used by the commissioner to establish and maintain 
10.17 	tobacco use monitoring systems and to conduct the evaluations. This appropriation is in 
10.18 	addition to the appropriation in section 144.395, subdivision 2, paragraph (d). 

10.19 	Sec. 14. Minnesota Statutes 2006, section 144.581, subdivision 1, is amended to read:
10.20 		Subdivision 1.Nonprofit corporation powers. A municipality, political 
10.21 	subdivision, state agency, or other governmental entity that owns or operates a hospital 
10.22 	authorized, organized, or operated under chapters 158, 250, 376, and 397, or under sections 
10.23 	246A.01 to 246A.27,412.221, 447.05 to 447.13, 447.31, or 471.59, or under any special 
10.24 	law authorizing or establishing a hospital or hospital district shall, relative to the delivery 
10.25 	of health care services, have, in addition to any authority vested by law, the authority and 
10.26 	legal capacity of a nonprofit corporation under chapter 317A, including authority to 
10.27 	(a) enter shared service and other cooperative ventures,
10.28 	(b) join or sponsor membership in organizations intended to benefit the hospital or 
10.29 	hospitals in general,
10.30 	(c) enter partnerships,
10.31 	(d) incorporate other corporations,
10.32 	(e) have members of its governing authority or its officers or administrators serve as 
10.33 	directors, officers, or employees of the ventures, associations, or corporations,
10.34 	(f) own shares of stock in business corporations,
11.1 	(g) offer, directly or indirectly, products and services of the hospital, organization, 
11.2 	association, partnership, or corporation to the general public, and
11.3 	(h) expend funds, including public funds in any form, or devote the resources of the 
11.4 	hospital or hospital district to recruit or retain physicians whose services are necessary 
11.5 	or desirable for meeting the health care needs of the population, and for successful 
11.6 	performance of the hospital or hospital district's public purpose of the promotion of health. 
11.7 	Allowable uses of funds and resources include the retirement of medical education debt, 
11.8 	payment of one-time amounts in consideration of services rendered or to be rendered, 
11.9 	payment of recruitment expenses, payment of moving expenses, and the provision of other 
11.10 	financial assistance necessary for the recruitment and retention of physicians, provided 
11.11 	that the expenditures in whatever form are reasonable under the facts and circumstances of 
11.12 	the situation.

11.13 	Sec. 15. Minnesota Statutes 2006, section 144A.461, is amended to read:
11.14 	144A.461 REGISTRATION.
11.15 	A person or organization that provides only home management services defined as 
11.16 	home care services under section 144A.43, subdivision 3, clause (8), may not operate 
11.17 	in the state without a current certificate of registration issued by the commissioner of 
11.18 	health. To obtain a certificate of registration, the person or organization must annually 
11.19 	submit to the commissioner the name, address, and telephone number of the person or 
11.20 	organization and a signed statement declaring that the person or organization is aware that 
11.21 	the Home Care Bill of Rights applies to their clients and that the person or organization 
11.22 	will comply with the bill of rights provisions contained in section 144A.44. A person 
11.23 	who provides home management services under this section must, within 120 days after 
11.24 	beginning to provide services, attend an orientation session approved by the commissioner 
11.25 	that provides training on the bill of rights and an orientation on the aging process and 
11.26 	the needs and concerns of elderly and disabled persons. An organization applying for a 
11.27 	certificate must also provide the name, business address, and telephone number of each 
11.28 	of the individuals responsible for the management or direction of the organization. The 
11.29 	commissioner shall charge an annual registration fee of $20 for individuals and $50 for 
11.30 	organizations. A home care provider that provides home management services and other 
11.31 	home care services must be licensed, but licensure requirements other than the home 
11.32 	care bill of rights do not apply to those employees or volunteers who provide only home 
11.33 	management services to clients who do not receive any other home care services from the 
11.34 	provider. A licensed home care provider need not be registered as a home management 
11.35 	service provider, but must provide an orientation on the home care bill of rights to its 
12.1 	employees or volunteers who provide home management services. The commissioner 
12.2 	may suspend or revoke a provider's certificate of registration or assess fines for violation 
12.3 	of the home care bill of rights. Any fine assessed for a violation of the bill of rights by a 
12.4 	provider registered under this section shall be in the amount established in the licensure 
12.5 	rules for home care providers. As a condition of registration, a provider must cooperate 
12.6 	fully with any investigation conducted by the commissioner, including providing specific 
12.7 	information requested by the commissioner on clients served and the employees and 
12.8 	volunteers who provide services. The commissioner may use any of the powers granted in 
12.9 	sections 144A.43 to 144A.49 144A.47 to administer the registration system and enforce 
12.10 	the home care bill of rights under this section. 

12.11 	Sec. 16. Minnesota Statutes 2006, section 145B.02, subdivision 5, is amended to read:
12.12 		Subd. 5.Health care facility. "Health care facility" means a hospital or other entity 
12.13 	licensed under sections 144.50 to 144.58; a nursing home licensed to serve adults under 
12.14 	section 144A.02; or a home care provider licensed under sections 144A.43 to 144A.49
12.15 	144A.47. 

12.16 	Sec. 17. Minnesota Statutes 2007 Supplement, section 148.67, subdivision 1, is 
12.17 	amended to read:
12.18 		Subdivision 1.Board of Physical Therapy appointed. The governor shall appoint 
12.19 	a state Board of Physical Therapy to administer sections 148.65 to 148.78, regarding the 
12.20 	qualifications and examination of physical therapists and physical therapist assistants. The 
12.21 	board shall consist of nine 11 members, citizens and residents of the state of Minnesota, 
12.22 	composed of five physical therapists, one licensed and registered doctor of medicine, two 
12.23 	physical therapist assistants, and three public members. The physical therapist members 
12.24 	and the physical therapist assistant members must be licensed in this state and have at 
12.25 	least five years' experience in physical therapy practice, physical therapy administration, 
12.26 	or physical therapy education. The five years' experience must immediately precede 
12.27 	appointment. Membership terms, compensation of members, removal of members, 
12.28 	filling of membership vacancies, and fiscal year and reporting requirements shall be as 
12.29 	provided in sections 214.07 to 214.09. The provision of staff, administrative services, and 
12.30 	office space; the review and processing of complaints; the setting of board fees; and 
12.31 	other provisions relating to board operations shall be as provided in chapter 214. Each 
12.32 	member of the board shall file with the secretary of state the constitutional oath of office 
12.33 	before beginning the term of office.

13.1 	Sec. 18. Minnesota Statutes 2006, section 148.736, subdivision 2, is amended to read:
13.2 		Subd. 2.Fees nonrefundable. A physical therapist or physical therapist assistant 
13.3 	who receives board approval for credential cancellation is not entitled to a refund of any 
13.4 	fees paid for the credentialing year in which cancellation of the credential occurred.

13.5 	Sec. 19. Minnesota Statutes 2006, section 148.736, subdivision 3, is amended to read:
13.6 		Subd. 3.New credential after cancellation. If a physical therapist or physical 
13.7 	therapist assistant who has been granted board approval for credential cancellation 
13.8 	desires to resume the practice of physical therapy in Minnesota, that physical therapist 
13.9 	or physical therapist assistant must obtain a new credential by applying to the board and 
13.10 	fulfilling the requirements then in existence for obtaining an initial credential to practice 
13.11 	physical therapy in Minnesota.

13.12 	Sec. 20. Minnesota Statutes 2006, section 169.01, subdivision 4b, is amended to read:
13.13 		Subd. 4b.Electric-assisted bicycle. "Electric-assisted bicycle" means a motor 
13.14 	vehicle with two or three wheels that:
13.15 	(1) has a saddle and fully operable pedals for human propulsion;
13.16 	(2) meets the requirements of federal motor vehicle safety standards in Code of 
13.17 	Federal Regulations, title 49, sections 571.01 571.1 et seq.; and 
13.18 	(3) has an electric motor that (i) has a power output of not more than 1,000 watts, (ii) 
13.19 	is incapable of propelling the vehicle at a speed of more than 20 miles per hour, (iii) is 
13.20 	incapable of further increasing the speed of the device when human power alone is used 
13.21 	to propel the vehicle at a speed of more than 20 miles per hour, and (iv) disengages or 
13.22 	ceases to function when the vehicle's brakes are applied.

13.23 	Sec. 21. Minnesota Statutes 2006, section 169.421, subdivision 5, is amended to read:
13.24 		Subd. 5.Procedures. A civil action may be commenced as is any civil action 
13.25 	or by the issuance of a citation to the owner of the vehicle by any law enforcement 
13.26 	officer who has reason to believe that a violation has occurred. Actions commenced by 
13.27 	the issuance of a citation by a law enforcement officer shall be tried by the prosecuting 
13.28 	authority responsible for misdemeanor prosecutions in the jurisdiction where a violation 
13.29 	occurs. Any damages recovered in an action brought by a public agency shall be deposited 
13.30 	in the treasury of the jurisdiction trying the action and distributed as provided in section 
13.31 	487.33 484.90. Any district court may establish a separate civil calendar for cases brought 
13.32 	under this section. 

14.1 	Sec. 22. Minnesota Statutes 2006, section 169.448, subdivision 1, is amended to read:
14.2 		Subdivision 1.Restrictions on appearance; misdemeanor. (a) A bus that is not 
14.3 	used as a school bus may not be operated on a street or highway unless it is painted a color 
14.4 	significantly different than national school bus glossy yellow.
14.5 	(b) A bus that is not used as a school bus or Head Start bus may not be operated if it 
14.6 	is equipped with school bus or Head Start bus-related equipment and printing.
14.7 	(c) A violation of this subdivision is a misdemeanor.
14.8 	(d) This subdivision does not apply to a school bus owned by or under contract to a 
14.9 	school district operated as a charter or leased bus.
14.10 	(e) This subdivision does not apply to a school bus operated by a licensed child 
14.11 	care provider if:
14.12 	(1) the stop arm is removed;
14.13 	(2) the eight-light system is deactivated;
14.14 	(3) the school bus is identified as a "child care bus" in letters at least eight inches 
14.15 	high on the front and rear top of the bus;
14.16 	(4) the name, address, and telephone number of the owner or operator of the bus is 
14.17 	identified on each front door of the bus in letters not less than three inches high; and
14.18 	(5) the conditions under section 171.02, subdivision 2a, paragraph (b), clauses (1) 
14.19 	through (10), (12), and (14) paragraphs (a) through (j), (l), and (n), have been met. 

14.20 	Sec. 23. Minnesota Statutes 2006, section 171.12, subdivision 2a, is amended to read:
14.21 		Subd. 2a.Alcohol concentration on driving record. When a person's driver's 
14.22 	license or permit to drive is revoked or suspended pursuant to section 169A.52, or when a 
14.23 	person is convicted for violating section 169A.20, 169A.31, 169A.33, 360.0752, or 609.21, 
14.24 	and a test of the person's breath, urine, or blood has been made to determine the person's 
14.25 	alcohol concentration, the commissioner of public safety shall record the test results on the 
14.26 	person's driving record pertaining to that violation. The alcohol concentration is classified 
14.27 	as public data on individuals, as defined in section 13.02, subdivision 15, and must be kept 
14.28 	for the period of time specified in subdivision 3, clause (2) (3). 

14.29 	Sec. 24. Minnesota Statutes 2006, section 174.03, subdivision 8, is amended to read:
14.30 		Subd. 8.Salaries and expenses. Salaries and expenses of the department relating 
14.31 	to highway purposes shall be paid from moneys available in the trunk highway fund. 
14.32 	The funds provided in sections 360.011 to 360.076 and 360.301 360.305 to 360.91 shall 
14.33 	be expended by the commissioner of transportation in accordance with the purposes 
14.34 	prescribed by those sections. Funds appropriated pursuant to the authority conferred by 
15.1 	any constitutional article shall be expended in conformity with the purposes and uses 
15.2 	authorized thereby. 

15.3 	Sec. 25. Minnesota Statutes 2006, section 175.35, is amended to read:
15.4 	175.35 ENFORCEMENT.
15.5 	It shall be the duty of the Department of Labor and Industry to enforce the provisions 
15.6 	of sectionssection 175.33and 175.34 and it may call upon the state commissioner of 
15.7 	health and boards of health as defined in section 145A.02, subdivision 2, for assistance. 

15.8 	Sec. 26. Minnesota Statutes 2007 Supplement, section 183.57, subdivision 2, is 
15.9 	amended to read:
15.10 		Subd. 2.Exemption. Every boiler or pressure vessel as to which any insurance 
15.11 	company authorized to do business in this state has issued a policy of insurance, after the 
15.12 	inspection thereof, is exempt from inspection by the department made under sections 
15.13 	183.375 183.38 to 183.62, while the same continues to be insured and provided it 
15.14 	continues to be inspected in accordance with the inspection schedule set forth in sections 
15.15 	183.42 and 183.45, and the person owning or operating the same has an unexpired 
15.16 	certificate of registration.

15.17 	Sec. 27. Minnesota Statutes 2007 Supplement, section 183.59, is amended to read:
15.18 	183.59 VIOLATIONS BY INSPECTORS.
15.19 	Every inspector who willfully certifies falsely regarding any boiler or its attachments, 
15.20 	or pressure vessel, or the hull and equipments of any steam vessel, or who grants a license 
15.21 	to any individual to act as engineer or master contrary to any provision of sections 183.375
15.22 	183.38 to 183.62, is guilty of a misdemeanor. In addition to this punishment the inspector 
15.23 	shall be removed from office forthwith. 

15.24 	Sec. 28. Minnesota Statutes 2007 Supplement, section 216B.1637, is amended to read:
15.25 	216B.1637 RECOVERY OF CERTAIN LIMITED UTILITY GREENHOUSE 
15.26 	GAS INFRASTRUCTURE COSTS.
15.27 	A public utility that owns a nuclear power plant and a public utility furnishing gas 
15.28 	service may file for recovery of investments and expenses associated with the replacement 
15.29 	of cast iron natural gas distribution and service lines owned by the utility and to replace 
15.30 	breakers that contain sodiumsulfur hexafluoride in order to reduce the risk of greenhouse 
15.31 	gases being released into the atmosphere. Upon a finding that the projects are consistent 
16.1 	with the public interest and do not impose excessive costs on customers, the commission 
16.2 	shall provide timely recovery of the utility's investment and expenses on any approved 
16.3 	projects through a rate adjustment mechanism similar to that provided for transmission 
16.4 	projects under section 216B.16, subdivision 7b, paragraphs (b) to (d).

16.5 	Sec. 29. Minnesota Statutes 2006, section 237.411, subdivision 5, is amended to read:
16.6 		Subd. 5.Enforcement. (a) The powers and duties granted to the commission by 
16.7 	section 237.081 apply to violations or suspected violations of this section. A person 
16.8 	aggrieved by a violation of this section may file a complaint as provided in section 
16.9 	237.081, which shall be treated as any other complaint filed under that section. The 
16.10 	commissioner of commerce may investigate violations or alleged violations of this section. 
16.11 	(b) SectionsSection 237.461and 237.462 applyapplies to violations of this section. 

16.12 	Sec. 30. Minnesota Statutes 2006, section 244.08, is amended to read:
16.13 	244.08 COMMISSIONER OF CORRECTIONS.
16.14 		Subdivision 1.Authority; duties; powers. Effective May 1, 1980, the 
16.15 	commissioner of corrections shall have only those powers and duties in sections 244.01
16.16 	to 244.11, 609.10, 609.145, subdivision 1, and609.165, subdivision 2, and 609.109, 
16.17 	subdivision 1, with relation to persons sentenced for crimes committed on or after May 
16.18 	1, 1980. 
16.19 	The commissioner of corrections shall retain all powers and duties presently vested 
16.20 	in and imposed upon the commissioner with relation to persons sentenced for crimes 
16.21 	committed on or before April 30, 1980.
16.22 	The commissioner of corrections shall take into consideration, but not be bound 
16.23 	by, the sentence terms embodied in the Sentencing Guidelines promulgated by the 
16.24 	Minnesota Sentencing Guidelines Commission and the penal philosophy embodied in 
16.25 	sections 244.01 to 244.11, 609.10, 609.145, subdivision 1, and609.165, subdivision 2, 
16.26 	and 609.109, subdivision 1, in its deliberations relative to parole, probation, release, or 
16.27 	other disposition of inmates who commit the crimes giving rise to their sentences on 
16.28 	or before April 30, 1980. 
16.29 		Subd. 2.No limitation intent. Nothing in sections 244.01 to 244.11, 609.10, 
16.30 	609.145, subdivision 1, and609.165, subdivision 2, and 609.109, subdivision 1, shall be 
16.31 	deemed to limit the powers and duties otherwise provided by law to the commissioner of 
16.32 	corrections with regard to the management of correctional institutions or the disposition of 
16.33 	inmates unless those powers and duties are inconsistent with the provisions of sections 
16.34 	244.01 to 244.11, 609.10, 609.145, subdivision 1, and609.165, subdivision 2, and 
17.1 	609.109, subdivision 1, in which case those powers and duties shall be superseded by 
17.2 	sections 244.01 to 244.11, 609.10, 609.145, subdivision 1, and609.165, subdivision 2, 
17.3 	and 609.109, subdivision 1. 

17.4 	Sec. 31. Minnesota Statutes 2007 Supplement, section 256.01, subdivision 23, is 
17.5 	amended to read:
17.6 		Subd. 23.Administrative simplification; county cost study.  (a) The commissioner 
17.7 	shall establish and convene the first meeting of an advisory committee to identify ways 
17.8 	to simplify and streamline human services laws and administrative requirements. The 
17.9 	advisory committee shall select its chair from its membership at the first meeting.
17.10 	(b) The committee shall consist of three senators appointed by the senate 
17.11 	Subcommittee on Committees of the Committee on Rules and Administration, three 
17.12 	state representatives appointed by the speaker of the house of representatives, and 
17.13 	nine department staff and county representatives appointed by the commissioner. The 
17.14 	appointments required under this paragraph must be completed by September 1, 2007.
17.15 	(c) The committee shall discuss methods of reducing inconsistency between 
17.16 	programs and complexity within programs in order to improve administrative efficiency 
17.17 	and reduce the risk of recipient noncompliance. Topics for discussion may include child 
17.18 	support enforcement, adoption services, child care licensing, child care assistance, and 
17.19 	other programs. The state senators and state representatives on the advisory committee, 
17.20 	in consultation with the advisory committee, shall report annually to the chairs of the 
17.21 	legislative committees and divisions with jurisdiction over the Department of Human 
17.22 	Services, beginning January 15, 2008, with recommendations developed by the advisory 
17.23 	group.
17.24 	(d) The commissioner, in consultation with the advisory committee, shall study 
17.25 	and report to the legislature by January 15, 2009, on the transfer of any responsibilities 
17.26 	between the department and counties that would result in more efficient and effective 
17.27 	administration of human services programs.
17.28 	(e) This section subdivision expires on June 30, 2012.

17.29 	Sec. 32. Minnesota Statutes 2007 Supplement, section 256.476, subdivision 4, is 
17.30 	amended to read:
17.31 		Subd. 4.Support grants; criteria and limitations. (a) A county board may 
17.32 	choose to participate in the consumer support grant program. If a county has not chosen 
17.33 	to participate by July 1, 2002, the commissioner shall contract with another county or 
17.34 	other entity to provide access to residents of the nonparticipating county who choose 
18.1 	the consumer support grant option. The commissioner shall notify the county board 
18.2 	in a county that has declined to participate of the commissioner's intent to enter into 
18.3 	a contract with another county or other entity at least 30 days in advance of entering 
18.4 	into the contract. The local agency shall establish written procedures and criteria to 
18.5 	determine the amount and use of support grants. These procedures must include, at least, 
18.6 	the availability of respite care, assistance with daily living, and adaptive aids. The local 
18.7 	agency may establish monthly or annual maximum amounts for grants and procedures 
18.8 	where exceptional resources may be required to meet the health and safety needs of the 
18.9 	person on a time-limited basis, however, the total amount awarded to each individual may 
18.10 	not exceed the limits established in subdivision 11.
18.11 	(b) Support grants to a person, a person's legal representative, or other authorized 
18.12 	representative will be provided through a monthly subsidy payment and be in the form 
18.13 	of cash, voucher, or direct county payment to vendor. Support grant amounts must be 
18.14 	determined by the local agency. Each service and item purchased with a support grant 
18.15 	must meet all of the following criteria:
18.16 	(1) it must be over and above the normal cost of caring for the person if the person 
18.17 	did not have functional limitations;
18.18 	(2) it must be directly attributable to the person's functional limitations;
18.19 	(3) it must enable the person, a person's legal representative, or other authorized 
18.20 	representative to delay or prevent out-of-home placement of the person; and
18.21 	(4) it must be consistent with the needs identified in the service agreement, when 
18.22 	applicable.
18.23 	(c) Items and services purchased with support grants must be those for which there 
18.24 	are no other public or private funds available to the person, a person's legal representative, 
18.25 	or other authorized representative. Fees assessed to the person or the person's family for 
18.26 	health and human services are not reimbursable through the grant.
18.27 	(d) In approving or denying applications, the local agency shall consider the 
18.28 	following factors:
18.29 	(1) the extent and areas of the person's functional limitations;
18.30 	(2) the degree of need in the home environment for additional support; and
18.31 	(3) the potential effectiveness of the grant to maintain and support the person in the 
18.32 	family environment or the person's own home.
18.33 	(e) At the time of application to the program or screening for other services, the 
18.34 	person, a person's legal representative, or other authorized representative shall be provided 
18.35 	sufficient information to ensure an informed choice of alternatives by the person, the 
18.36 	person's legal representative, or other authorized representative, if any. The application 
19.1 	shall be made to the local agency and shall specify the needs of the person and family, 
19.2 	the form and amount of grant requested, the items and services to be reimbursed, and 
19.3 	evidence of eligibility for medical assistance.
19.4 	(f) Upon approval of an application by the local agency and agreement on a support 
19.5 	plan for the person or person's family, the local agency shall make grants to the person or 
19.6 	the person's family. The grant shall be in an amount for the direct costs of the services or 
19.7 	supports outlined in the service agreement.
19.8 	(g) Reimbursable costs shall not include costs for resources already available, such as 
19.9 	special education classes, day training and habilitation, case management, other services to 
19.10 	which the person is entitled, medical costs covered by insurance or other health programs, 
19.11 	or other resources usually available at no cost to the person or the person's family.
19.12 	(h) The state of Minnesota, the county boards participating in the consumer 
19.13 	support grant program, or the agencies acting on behalf of the county boards in the 
19.14 	implementation and administration of the consumer support grant program shall not be 
19.15 	liable for damages, injuries, or liabilities sustained through the purchase of support by 
19.16 	the individual, the individual's family, or the authorized representative under this section 
19.17 	with funds received through the consumer support grant program. Liabilities include but 
19.18 	are not limited to: workers' compensation liability, the Federal Insurance Contributions 
19.19 	Act (FICA), or the Federal Unemployment Tax Act (FUTA). For purposes of this section, 
19.20 	participating county boards and agencies acting on behalf of county boards are exempt 
19.21 	from the provisions of section 268.04.

19.22 	Sec. 33. Minnesota Statutes 2006, section 256.98, subdivision 7, is amended to read:
19.23 		Subd. 7.Division of recovered amounts. Except for recoveries under chapter 
19.24 	119B, if the state is responsible for the recovery, the amounts recovered shall be paid to 
19.25 	the appropriate units of government as provided under section 256.863. If the recovery is 
19.26 	directly attributable to a county, the county may retain one-half of the nonfederal share 
19.27 	of any recovery from a recipient or the recipient's estate. 
19.28 	This subdivision does not apply to recoveries from medical providers or to recoveries 
19.29 	involving the department of human services, surveillance and utilization review division, 
19.30 	state hospital collections unit, and the benefit recoveries division.

19.31 	Sec. 34. Minnesota Statutes 2006, section 256B.04, subdivision 16, is amended to read:
19.32 		Subd. 16.Personal care services. (a) Notwithstanding any contrary language in 
19.33 	this paragraph, the commissioner of human services and the commissioner of health shall 
19.34 	jointly promulgate rules to be applied to the licensure of personal care services provided 
20.1 	under the medical assistance program. The rules shall consider standards for personal care 
20.2 	services that are based on the World Institute on Disability's recommendations regarding 
20.3 	personal care services. These rules shall at a minimum consider the standards and 
20.4 	requirements adopted by the commissioner of health under section 144A.45, which the 
20.5 	commissioner of human services determines are applicable to the provision of personal 
20.6 	care services, in addition to other standards or modifications which the commissioner of 
20.7 	human services determines are appropriate.
20.8 	The commissioner of human services shall establish an advisory group including 
20.9 	personal care consumers and providers to provide advice regarding which standards or 
20.10 	modifications should be adopted. The advisory group membership must include not less 
20.11 	than 15 members, of which at least 60 percent must be consumers of personal care services 
20.12 	and representatives of recipients with various disabilities and diagnoses and ages. At least 
20.13 	51 percent of the members of the advisory group must be recipients of personal care.
20.14 	The commissioner of human services may contract with the commissioner of health 
20.15 	to enforce the jointly promulgated licensure rules for personal care service providers.
20.16 	Prior to final promulgation of the joint rule the commissioner of human services 
20.17 	shall report preliminary findings along with any comments of the advisory group and a 
20.18 	plan for monitoring and enforcement by the Department of Health to the legislature by 
20.19 	February 15, 1992.
20.20 	Limits on the extent of personal care services that may be provided to an individual 
20.21 	must be based on the cost-effectiveness of the services in relation to the costs of inpatient 
20.22 	hospital care, nursing home care, and other available types of care. The rules must 
20.23 	provide, at a minimum:
20.24 	(1) that agencies be selected to contract with or employ and train staff to provide and 
20.25 	supervise the provision of personal care services;
20.26 	(2) that agencies employ or contract with a qualified applicant that a qualified 
20.27 	recipient proposes to the agency as the recipient's choice of assistant;
20.28 	(3) that agencies bill the medical assistance program for a personal care service 
20.29 	by a personal care assistant and supervision by a qualified professional supervising the 
20.30 	personal care assistant unless the recipient selects the fiscal agent option under section 
20.31 	256B.0627, subdivision 10 256B.0655, subdivision 7;
20.32 	(4) that agencies establish a grievance mechanism; and
20.33 	(5) that agencies have a quality assurance program.
20.34 	(b) The commissioner may waive the requirement for the provision of personal care 
20.35 	services through an agency in a particular county, when there are less than two agencies 
20.36 	providing services in that county and shall waive the requirement for personal care 
21.1 	assistants required to join an agency for the first time during 1993 when personal care 
21.2 	services are provided under a relative hardship waiver under Minnesota Statutes 1992, 
21.3 	section 256B.0627, subdivision 4, paragraph (b), clause (7), and at least two agencies 
21.4 	providing personal care services have refused to employ or contract with the independent 
21.5 	personal care assistant.

21.6 	Sec. 35. Minnesota Statutes 2007 Supplement, section 256B.0915, subdivision 3a, 
21.7 	is amended to read:
21.8 		Subd. 3a.Elderly waiver cost limits. (a) The monthly limit for the cost of waivered 
21.9 	services to an individual elderly waiver client shall be the weighted average monthly 
21.10 	nursing facility rate of the case mix resident class to which the elderly waiver client would 
21.11 	be assigned under Minnesota Rules, parts 9549.0050 to 9549.0059, less the recipient's 
21.12 	maintenance needs allowance as described in subdivision 1d, paragraph (a), until the first 
21.13 	day of the state fiscal year in which the resident assessment system as described in section 
21.14 	256B.437 256B.438 for nursing home rate determination is implemented. Effective on the 
21.15 	first day of the state fiscal year in which the resident assessment system as described in 
21.16 	section 256B.437 256B.438 for nursing home rate determination is implemented and the 
21.17 	first day of each subsequent state fiscal year, the monthly limit for the cost of waivered 
21.18 	services to an individual elderly waiver client shall be the rate of the case mix resident class 
21.19 	to which the waiver client would be assigned under Minnesota Rules, parts 9549.0050 to 
21.20 	9549.0059, in effect on the last day of the previous state fiscal year, adjusted by the greater 
21.21 	of any legislatively adopted home and community-based services percentage rate increase 
21.22 	or the average statewide percentage increase in nursing facility payment rates. 
21.23 	(b) If extended medical supplies and equipment or environmental modifications are 
21.24 	or will be purchased for an elderly waiver client, the costs may be prorated for up to 
21.25 	12 consecutive months beginning with the month of purchase. If the monthly cost of a 
21.26 	recipient's waivered services exceeds the monthly limit established in paragraph (a), the 
21.27 	annual cost of all waivered services shall be determined. In this event, the annual cost of 
21.28 	all waivered services shall not exceed 12 times the monthly limit of waivered services as 
21.29 	described in paragraph (a).

21.30 	Sec. 36. Minnesota Statutes 2007 Supplement, section 256B.0915, subdivision 3e, 
21.31 	is amended to read:
21.32 		Subd. 3e.Customized living service rate. (a) Payment for customized living 
21.33 	services shall be a monthly rate negotiated and authorized by the lead agency within the 
21.34 	parameters established by the commissioner. The payment agreement must delineate the 
22.1 	services that have been customized for each recipient and specify the amount of each 
22.2 	service to be provided. The lead agency shall ensure that there is a documented need for 
22.3 	all services authorized. Customized living services must not include rent or raw food 
22.4 	costs. The negotiated payment rate must be based on services to be provided. Negotiated 
22.5 	rates must not exceed payment rates for comparable elderly waiver or medical assistance 
22.6 	services and must reflect economies of scale.
22.7 	(b) The individualized monthly negotiated payment for customized living services 
22.8 	shall not exceed the nonfederal share, in effect on July 1 of the state fiscal year for which 
22.9 	the rate limit is being calculated, of the greater of either the statewide or any of the 
22.10 	geographic groups' weighted average monthly nursing facility rate of the case mix resident 
22.11 	class to which the elderly waiver eligible client would be assigned under Minnesota 
22.12 	Rules, parts 9549.0050 to 9549.0059, less the maintenance needs allowance as described 
22.13 	in subdivision 1d, paragraph (a), until the July 1 of the state fiscal year in which the 
22.14 	resident assessment system as described in section 256B.437256B.438 for nursing home 
22.15 	rate determination is implemented. Effective on July 1 of the state fiscal year in which 
22.16 	the resident assessment system as described in section 256B.437256B.438 for nursing 
22.17 	home rate determination is implemented and July 1 of each subsequent state fiscal year, 
22.18 	the individualized monthly negotiated payment for the services described in this clause 
22.19 	shall not exceed the limit described in this clause which was in effect on June 30 of the 
22.20 	previous state fiscal year and which has been adjusted by the greater of any legislatively 
22.21 	adopted home and community-based services cost-of-living percentage increase or any 
22.22 	legislatively adopted statewide percent rate increase for nursing facilities. 
22.23 	(c) Customized living services are delivered by a provider licensed by the 
22.24 	Department of Health as a class A or class F home care provider and provided in a 
22.25 	building that is registered as a housing with services establishment under chapter 144D. 

22.26 	Sec. 37. Minnesota Statutes 2006, section 256B.35, subdivision 1, is amended to read:
22.27 		Subdivision 1.Personal needs allowance. (a) Notwithstanding any law to the 
22.28 	contrary, welfare allowances for clothing and personal needs for individuals receiving 
22.29 	medical assistance while residing in any skilled nursing home, intermediate care facility, 
22.30 	or medical institution including recipients of supplemental security income, in this state 
22.31 	shall not be less than $45 per month from all sources. When benefit amounts for Social 
22.32 	Security or supplemental security income recipients are increased pursuant to United 
22.33 	States Code, title 42, sections 415(i) and 1382f, the commissioner shall, effective in the 
22.34 	month in which the increase takes effect, increase by the same percentage to the nearest 
22.35 	whole dollar the clothing and personal needs allowance for individuals receiving medical 
23.1 	assistance while residing in any skilled nursing home, medical institution, or intermediate 
23.2 	care facility. The commissioner shall provide timely notice to local agencies, providers, 
23.3 	and recipients of increases under this provision.
23.4 	(b) The personal needs allowance may be paid as part of the Minnesota supplemental 
23.5 	aid program, notwithstanding the provisions of section 256D.37, subdivision 2, and 
23.6 	payments to recipients of Minnesota supplemental aid may be made once each three 
23.7 	months covering liabilities that accrued during the preceding three months. 
23.8 	(c) The personal needs allowance shall be increased to include income garnished 
23.9 	for child support under a court order, up to a maximum of $250 per month but only to 
23.10 	the extent that the amount garnished is not deducted as a monthly allowance for children 
23.11 	under section 256B.0575, paragraph (a), clause (5). 

23.12 	Sec. 38. Minnesota Statutes 2007 Supplement, section 256B.49, subdivision 16a, 
23.13 	is amended to read:
23.14 		Subd. 16a.Medical assistance reimbursement. (a) The commissioner shall 
23.15 	seek federal approval for medical assistance reimbursement of independent living skills 
23.16 	services, foster care waiver service, supported employment, prevocational service, 
23.17 	structured day service, and adult day care under the home and community-based waiver 
23.18 	for persons with a traumatic brain injury, the community alternatives for disabled 
23.19 	individuals waivers, and the community alternative care waivers.
23.20 	(b) Medical reimbursement shall be made only when the provider demonstrates 
23.21 	evidence of its capacity to meet basic health, safety, and protection standards through 
23.22 	one of the methods in paragraphs (c) to (e).
23.23 	(c) The provider is licensed to provide services under chapter 245B and agrees 
23.24 	to apply these standards to services funded through the traumatic brain injury, 
23.25 	community alternatives for disabled persons, or community alternative care home and 
23.26 	community-based waivers.
23.27 	(d) The local agency contracting for the services certifies on a form provided by the 
23.28 	commissioner that the provider has the capacity to meet the individual needs as identified 
23.29 	in each person's individual service plan. When certifying that the service provider meets 
23.30 	the necessary provider qualifications, the local agency shall verify that the provider has 
23.31 	policies and procedures governing the following:
23.32 	(1) protection of the consumer's rights and privacy;
23.33 	(2) risk assessment and planning;
23.34 	(3) record keeping and reporting of incidents and emergencies with documentation 
23.35 	of corrective action if needed;
24.1 	(4) service outcomes, regular reviews of progress, and periodic reports;
24.2 	(5) complaint and grievance procedures;
24.3 	(6) service termination or suspension;
24.4 	(7) necessary training and supervision of direct care staff that includes:
24.5 	(i) documentation in personnel files of 20 hours of orientation training in providing 
24.6 	training related to service provision;
24.7 	(ii) training in recognizing the symptoms and effects of certain disabilities, health 
24.8 	conditions, and positive behavioral supports and interventions;
24.9 	(iii) a minimum of five hours of related training annually; and 
24.10 	(iv) when applicable:
24.11 	(A) safe medication administration;
24.12 	(B) proper handling of consumer funds; and 
24.13 	(C) compliance with prohibitions and standards developed by the commissioner to 
24.14 	satisfy federal requirements regarding the use of restraints and restrictive interventions. 
24.15 	The local agency shall review at least annually each service provider's continued 
24.16 	compliance with the standards governing basic health, safety, and protection of rights.
24.17 	(e) The commissioner shall seek federal approval for Medicaid reimbursement 
24.18 	of foster care services under the home and community-based waiver for persons with 
24.19 	a traumatic brain injury, the community alternatives for disabled individuals waiver, 
24.20 	and community alternative care waiver when the provider demonstrates evidence of its 
24.21 	capacity to meet basic health, safety, and protection standards. The local agency shall 
24.22 	verify that the provider is licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, 
24.23 	and certify that the provider has policies and procedures that govern:
24.24 	(1) compliance with prohibitions and standards developed by the commissioner to 
24.25 	meet federal requirements regarding the use of restraints and restrictive interventions; and 
24.26 	(2) documentation of service needs and outcomes, regular reviews of progress, 
24.27 	and periodic reports.
24.28 	The local agency shall review at least annually each service provider's continued 
24.29 	compliance with the standards governing basic health, safety, and protection of rights 
24.30 	standards.

24.31 	Sec. 39. Minnesota Statutes 2006, section 256J.30, subdivision 9, is amended to read:
24.32 		Subd. 9.Changes that must be reported. A caregiver must report the changes or 
24.33 	anticipated changes specified in clauses (1) to (16) within ten days of the date they occur, 
24.34 	at the time of the periodic recertification of eligibility under section 256J.32, subdivision 
24.35 	6, or within eight calendar days of a reporting period as in subdivision 5 or 6, whichever 
25.1 	occurs first. A caregiver must report other changes at the time of the periodic recertification 
25.2 	of eligibility under section 256J.32, subdivision 6, or at the end of a reporting period under 
25.3 	subdivision 5 or 6, as applicable. A caregiver must make these reports in writing to the 
25.4 	county agency. When a county agency could have reduced or terminated assistance for 
25.5 	one or more payment months if a delay in reporting a change specified under clauses (1) 
25.6 	to (15) had not occurred, the county agency must determine whether a timely notice 
25.7 	under section 256J.31, subdivision 4, could have been issued on the day that the change 
25.8 	occurred. When a timely notice could have been issued, each month's overpayment 
25.9 	subsequent to that notice must be considered a client error overpayment under section 
25.10 	256J.38. Calculation of overpayments for late reporting under clause (16) is specified in 
25.11 	section 256J.09, subdivision 9. Changes in circumstances which must be reported within 
25.12 	ten days must also be reported on the MFIP household report form for the reporting period 
25.13 	in which those changes occurred. Within ten days, a caregiver must report: 
25.14 	(1) a change in initial employment;
25.15 	(2) a change in initial receipt of unearned income;
25.16 	(3) a recurring change in unearned income;
25.17 	(4) a nonrecurring change of unearned income that exceeds $30;
25.18 	(5) the receipt of a lump sum;
25.19 	(6) an increase in assets that may cause the assistance unit to exceed asset limits;
25.20 	(7) a change in the physical or mental status of an incapacitated member of the 
25.21 	assistance unit if the physical or mental status is the basis of exemption from an MFIP 
25.22 	employment services program under section 256J.56, or as the basis for reducing the 
25.23 	hourly participation requirements under section 256J.55, subdivision 1, or the type of 
25.24 	activities included in an employment plan under section 256J.521, subdivision 2; 
25.25 	(8) a change in employment status;
25.26 	(9) information affecting an exception under section 256J.24, subdivision 9; 
25.27 	(10) the marriage or divorce of an assistance unit member;
25.28 	(11) the death of a parent, minor child, or financially responsible person;
25.29 	(12) a change in address or living quarters of the assistance unit;
25.30 	(13) the sale, purchase, or other transfer of property;
25.31 	(14) a change in school attendance of a caregiver under age 20 or an employed child;
25.32 	(15) filing a lawsuit, a workers' compensation claim, or a monetary claim against a 
25.33 	third party; and
25.34 	(16) a change in household composition, including births, returns to and departures 
25.35 	from the home of assistance unit members and financially responsible persons, or a change 
25.36 	in the custody of a minor child.

26.1 	Sec. 40. Minnesota Statutes 2006, section 256J.32, subdivision 4, is amended to read:
26.2 		Subd. 4.Factors to be verified. The county agency shall verify the following 
26.3 	at application:
26.4 	(1) identity of adults;
26.5 	(2) presence of the minor child in the home, if questionable;
26.6 	(3) relationship of a minor child to caregivers in the assistance unit;
26.7 	(4) age, if necessary to determine MFIP eligibility;
26.8 	(5) immigration status;
26.9 	(6) Social Security number according to the requirements of section 256J.30, 
26.10 	subdivision 12; 
26.11 	(7) income;
26.12 	(8) self-employment expenses used as a deduction;
26.13 	(9) source and purpose of deposits and withdrawals from business accounts;
26.14 	(10) spousal support and child support payments made to persons outside the 
26.15 	household;
26.16 	(11) real property;
26.17 	(12) vehicles;
26.18 	(13) checking and savings accounts;
26.19 	(14) savings certificates, savings bonds, stocks, and individual retirement accounts;
26.20 	(15) pregnancy, if related to eligibility;
26.21 	(16) inconsistent information, if related to eligibility;
26.22 	(17) burial accounts;
26.23 	(18) school attendance, if related to eligibility;
26.24 	(19) residence;
26.25 	(20) a claim of family violence if used as a basis to qualify for the family violence 
26.26 	waiver;
26.27 	(21) disability if used as the basis for an exemption from employment and training 
26.28 	services requirements under section 256J.56 or as the basis for reducing the hourly 
26.29 	participation requirements under section 256J.55, subdivision 1, or the type of activity 
26.30 	included in an employment plan under section 256J.521, subdivision 2; and 
26.31 	(22) information needed to establish an exception under section 256J.24, subdivision 
26.32 	9. 

26.33 	Sec. 41. Minnesota Statutes 2006, section 256J.42, subdivision 5, is amended to read:
26.34 		Subd. 5.Exemption for certain families. (a) Any cash assistance received by an 
26.35 	assistance unit does not count toward the 60-month limit on assistance during a month in 
27.1 	which the caregiver is age 60 or older, including months during which the caregiver was 
27.2 	exempt under section 256J.56, paragraph (a), clause (1). 
27.3 	(b) From July 1, 1997, until the date MFIP is operative in the caregiver's county of 
27.4 	financial responsibility, any cash assistance received by a caregiver who is complying with 
27.5 	Minnesota Statutes 1996, section 256.73, subdivision 5a, and Minnesota Statutes 1998, 
27.6 	section 256.736, if applicable, does not count toward the 60-month limit on assistance. 
27.7 	Thereafter, any cash assistance received by a minor caregiver who is complying with 
27.8 	the requirements of sections 256J.14 and 256J.54, if applicable, does not count towards 
27.9 	the 60-month limit on assistance. 
27.10 	(c) Any diversionary assistance or emergency assistance received prior to July 1, 
27.11 	2003, does not count toward the 60-month limit.
27.12 	(d) Any cash assistance received by an 18- or 19-year-old caregiver who is 
27.13 	complying with an employment plan that includes an education option under section 
27.14 	256J.54 does not count toward the 60-month limit. 
27.15 	(e) Payments provided to meet short-term emergency needs under section 256J.626
27.16 	and diversionary work program benefits provided under section 256J.95 do not count 
27.17 	toward the 60-month time limit. 

27.18 	Sec. 42. Minnesota Statutes 2006, section 256J.42, subdivision 6, is amended to read:
27.19 		Subd. 6.Case review. (a) Within 180 days, but not less than 60 days, before the end 
27.20 	of the participant's 60th month on assistance, the county agency or job counselor must 
27.21 	review the participant's case to determine if the employment plan is still appropriate or if 
27.22 	the participant is exempt under section 256J.56 from the employment and training services 
27.23 	component, and attempt to meet with the participant face-to-face. 
27.24 	(b) During the face-to-face meeting, a county agency or the job counselor must:
27.25 	(1) inform the participant how many months of counted assistance the participant 
27.26 	has accrued and when the participant is expected to reach the 60th month;
27.27 	(2) explain the hardship extension criteria under section 256J.425 and what the 
27.28 	participant should do if the participant thinks a hardship extension applies; 
27.29 	(3) identify other resources that may be available to the participant to meet the 
27.30 	needs of the family; and
27.31 	(4) inform the participant of the right to appeal the case closure under section 
27.32 	256J.40. 
27.33 	(c) If a face-to-face meeting is not possible, the county agency must send the 
27.34 	participant a notice of adverse action as provided in section 256J.31, subdivisions 4 and 5. 
28.1 	(d) Before a participant's case is closed under this section, the county must ensure 
28.2 	that:
28.3 	(1) the case has been reviewed by the job counselor's supervisor or the review team 
28.4 	designated by the county to determine if the criteria for a hardship extension, if requested, 
28.5 	were applied appropriately; and
28.6 	(2) the county agency or the job counselor attempted to meet with the participant 
28.7 	face-to-face.

28.8 	Sec. 43. Minnesota Statutes 2006, section 256J.425, subdivision 5, is amended to read:
28.9 		Subd. 5.Accrual of certain exempt months. (a) Participants who meet the criteria 
28.10 	in clause (1), (2), or (3) and who are not eligible for assistance under a hardship extension 
28.11 	under subdivision 2, paragraph (a), clause (3), shall be eligible for a hardship extension 
28.12 	for a period of time equal to the number of months that were counted toward the federal 
28.13 	60-month time limit while the participant was:
28.14 	(1) a caregiver with a child or an adult in the household who meets the disability or 
28.15 	medical criteria for home care services under section 256B.0651, subdivision 1, paragraph 
28.16 	(c), or a home and community-based waiver services program under chapter 256B, or 
28.17 	meets the criteria for severe emotional disturbance under section 245.4871, subdivision 
28.18 	6, or for serious and persistent mental illness under section 245.462, subdivision 20, 
28.19 	paragraph (c), who was subject to the requirements in section 256J.561, subdivision 2;.
28.20 	(2) exempt under section 256J.56, paragraph (a), clause (7); or
28.21 	(3) exempt under section 256J.56, paragraph (a), clause (3), and demonstrates at the 
28.22 	time of the case review required under section 256J.42, subdivision 6, that the participant 
28.23 	met the exemption criteria under section 256J.56, paragraph (a), clause (7), during one 
28.24 	or more months the participant was exempt under section 256J.56, paragraph (a), clause 
28.25 	(3). Only months during which the participant met the criteria under section 256J.56, 
28.26 	paragraph (a), clause (7), shall be considered.
28.27 	(b) A participant who received TANF assistance that counted towards the federal 
28.28 	60-month time limit while the participant met the state time limit exemption criteria under 
28.29 	section 256J.42, subdivision 4 or 5, is eligible for assistance under a hardship extension 
28.30 	for a period of time equal to the number of months that were counted toward the federal 
28.31 	60-month time limit while the participant met the state time limit exemption criteria 
28.32 	under section 256J.42, subdivision 4 or 5.
28.33 	(c) After the accrued months have been exhausted, the county agency must 
28.34 	determine if the assistance unit is eligible for an extension under another extension 
28.35 	category in section 256J.425, subdivision 2, 3, or 4.
29.1 	(d) At the time of the case review, a county agency must explain to the participant 
29.2 	the basis for receiving a hardship extension based on the accrual of exempt months. 
29.3 	The participant must provide documentation necessary to enable the county agency to 
29.4 	determine whether the participant is eligible to receive a hardship extension based on the 
29.5 	accrual of exempt months or authorize a county agency to verify the information.
29.6 	(e) While receiving extended MFIP assistance under this subdivision, a participant is 
29.7 	subject to the MFIP policies that apply to participants during the first 60 months of MFIP, 
29.8 	unless the participant is a member of a two-parent family in which one parent is extended 
29.9 	under subdivision 3 or 4. For two-parent families in which one parent is extended under 
29.10 	subdivision 3 or 4, the sanction provisions in subdivision 6 shall apply.

29.11 	Sec. 44. Minnesota Statutes 2006, section 256J.425, subdivision 6, is amended to read:
29.12 		Subd. 6.Sanctions for extended cases. (a) If one or both participants in an 
29.13 	assistance unit receiving assistance under subdivision 3 or 4 are not in compliance with 
29.14 	the employment and training service requirements in sections 256J.521 to 256J.57, 
29.15 	the sanctions under this subdivision apply. For a first occurrence of noncompliance, 
29.16 	an assistance unit must be sanctioned under section 256J.46, subdivision 1, paragraph 
29.17 	(c), clause (1). For a second or third occurrence of noncompliance, the assistance unit 
29.18 	must be sanctioned under section 256J.46, subdivision 1, paragraph (c), clause (2). For a 
29.19 	fourth occurrence of noncompliance, the assistance unit is disqualified from MFIP. If a 
29.20 	participant is determined to be out of compliance, the participant may claim a good cause 
29.21 	exception under section 256J.57, however, the participant may not claim an exemption 
29.22 	under section 256J.56. 
29.23 	(b) If both participants in a two-parent assistance unit are out of compliance at the 
29.24 	same time, it is considered one occurrence of noncompliance.
29.25 	(c) When a parent in an extended two-parent assistance unit who has not used 60 
29.26 	months of assistance is out of compliance with the employment and training service 
29.27 	requirements in sections 256J.521 to 256J.57, sanctions must be applied as specified in 
29.28 	clauses (1) and (2). 
29.29 	(1) If the assistance unit is receiving assistance under subdivision 3 or 4, the 
29.30 	assistance unit is subject to the sanction policy in this subdivision.
29.31 	(2) If the assistance unit is receiving assistance under subdivision 2, the assistance 
29.32 	unit is subject to the sanction policy in section 256J.46. 
29.33 	(d) If a two-parent assistance unit is extended under subdivision 3 or 4, and a 
29.34 	parent who has not reached the 60-month time limit is out of compliance with the 
29.35 	employment and training services requirements in sections 256J.521 to 256J.57 when the 
30.1 	case is extended, the sanction in the 61st month is considered the first sanction for the 
30.2 	purposes of applying the sanctions in this subdivision, except that the sanction amount 
30.3 	shall be 30 percent. 

30.4 	Sec. 45. Minnesota Statutes 2006, section 256J.46, subdivision 1, is amended to read:
30.5 		Subdivision 1.Participants not complying with program requirements. (a) 
30.6 	A participant who fails without good cause under section 256J.57 to comply with the 
30.7 	requirements of this chapter, and who is not subject to a sanction under subdivision 2, 
30.8 	shall be subject to a sanction as provided in this subdivision. Prior to the imposition of 
30.9 	a sanction, a county agency shall provide a notice of intent to sanction under section 
30.10 	256J.57, subdivision 2, and, when applicable, a notice of adverse action as provided 
30.11 	in section 256J.31. 
30.12 	(b) A sanction under this subdivision becomes effective the month following the 
30.13 	month in which a required notice is given. A sanction must not be imposed when a 
30.14 	participant comes into compliance with the requirements for orientation under section 
30.15 	256J.45 prior to the effective date of the sanction. A sanction must not be imposed 
30.16 	when a participant comes into compliance with the requirements for employment and 
30.17 	training services under sections 256J.515 to 256J.57 ten days prior to the effective date 
30.18 	of the sanction. For purposes of this subdivision, each month that a participant fails to 
30.19 	comply with a requirement of this chapter shall be considered a separate occurrence of 
30.20 	noncompliance. If both participants in a two-parent assistance unit are out of compliance 
30.21 	at the same time, it is considered one occurrence of noncompliance. 
30.22 	(c) Sanctions for noncompliance shall be imposed as follows:
30.23 	(1) For the first occurrence of noncompliance by a participant in an assistance unit, 
30.24 	the assistance unit's grant shall be reduced by ten percent of the MFIP standard of need 
30.25 	for an assistance unit of the same size with the residual grant paid to the participant. The 
30.26 	reduction in the grant amount must be in effect for a minimum of one month and shall be 
30.27 	removed in the month following the month that the participant returns to compliance.
30.28 	(2) For a second, third, fourth, fifth, or sixth occurrence of noncompliance by a 
30.29 	participant in an assistance unit, the assistance unit's shelter costs shall be vendor paid 
30.30 	up to the amount of the cash portion of the MFIP grant for which the assistance unit is 
30.31 	eligible. At county option, the assistance unit's utilities may also be vendor paid up to 
30.32 	the amount of the cash portion of the MFIP grant remaining after vendor payment of the 
30.33 	assistance unit's shelter costs. The residual amount of the grant after vendor payment, if 
30.34 	any, must be reduced by an amount equal to 30 percent of the MFIP standard of need for an 
30.35 	assistance unit of the same size before the residual grant is paid to the assistance unit. The 
31.1 	reduction in the grant amount must be in effect for a minimum of one month and shall be 
31.2 	removed in the month following the month that the participant in a one-parent assistance 
31.3 	unit returns to compliance. In a two-parent assistance unit, the grant reduction must 
31.4 	be in effect for a minimum of one month and shall be removed in the month following 
31.5 	the month both participants return to compliance. The vendor payment of shelter costs 
31.6 	and, if applicable, utilities shall be removed six months after the month in which the 
31.7 	participant or participants return to compliance. If an assistance unit is sanctioned under 
31.8 	this clause, the participant's case file must be reviewed to determine if the employment 
31.9 	plan is still appropriate.
31.10 	(d) For a seventh occurrence of noncompliance by a participant in an assistance 
31.11 	unit, or when the participants in a two-parent assistance unit have a total of seven 
31.12 	occurrences of noncompliance, the county agency shall close the MFIP assistance unit's 
31.13 	financial assistance case, both the cash and food portions, and redetermine the family's 
31.14 	continued eligibility for food support payments. The MFIP case must remain closed for a 
31.15 	minimum of one full month. Before the case is closed, the county agency must review 
31.16 	the participant's case to determine if the employment plan is still appropriate and attempt 
31.17 	to meet with the participant face-to-face. The participant may bring an advocate to the 
31.18 	face-to-face meeting. If a face-to-face meeting is not conducted, the county agency must 
31.19 	send the participant a written notice that includes the information required under clause (1).
31.20 	(1) During the face-to-face meeting, the county agency must:
31.21 	(i) determine whether the continued noncompliance can be explained and mitigated 
31.22 	by providing a needed preemployment activity, as defined in section 256J.49, subdivision 
31.23 	13, clause (9); 
31.24 	(ii) determine whether the participant qualifies for a good cause exception under 
31.25 	section 256J.57, or if the sanction is for noncooperation with child support requirements, 
31.26 	determine if the participant qualifies for a good cause exemption under section 256.741, 
31.27 	subdivision 10; 
31.28 	(iii) determine whether the participant qualifies for an exemption under section 
31.29 	256J.56 or the work activities in the employment plan are appropriate based on the criteria 
31.30 	in section 256J.521, subdivision 2 or 3; 
31.31 	(iv) determine whether the participant qualifies for the family violence waiver;
31.32 	(v) inform the participant of the participant's sanction status and explain the 
31.33 	consequences of continuing noncompliance;
31.34 	(vi) identify other resources that may be available to the participant to meet the 
31.35 	needs of the family; and
31.36 	(vii) inform the participant of the right to appeal under section 256J.40. 
32.1 	(2) If the lack of an identified activity or service can explain the noncompliance, the 
32.2 	county must work with the participant to provide the identified activity.
32.3 	(3) The grant must be restored to the full amount for which the assistance unit is 
32.4 	eligible retroactively to the first day of the month in which the participant was found to 
32.5 	lack preemployment activities or to qualify for an exemption under section 256J.56, a 
32.6 	family violence waiver, or for a good cause exemption under section 256.741, subdivision 
32.7 	10, or 256J.57. 
32.8 	(e) For the purpose of applying sanctions under this section, only occurrences of 
32.9 	noncompliance that occur after July 1, 2003, shall be considered. If the participant is in 
32.10 	30 percent sanction in the month this section takes effect, that month counts as the first 
32.11 	occurrence for purposes of applying the sanctions under this section, but the sanction 
32.12 	shall remain at 30 percent for that month.
32.13 	(f) An assistance unit whose case is closed under paragraph (d) or (g), may 
32.14 	reapply for MFIP and shall be eligible if the participant complies with MFIP program 
32.15 	requirements and demonstrates compliance for up to one month. No assistance shall be 
32.16 	paid during this period.
32.17 	(g) An assistance unit whose case has been closed for noncompliance, that reapplies 
32.18 	under paragraph (f), is subject to sanction under paragraph (c), clause (2), for a first 
32.19 	occurrence of noncompliance. Any subsequent occurrence of noncompliance shall result 
32.20 	in case closure under paragraph (d).

32.21 	Sec. 46. Minnesota Statutes 2007 Supplement, section 256J.49, subdivision 13, 
32.22 	is amended to read:
32.23 		Subd. 13.Work activity. "Work activity" means any activity in a participant's 
32.24 	approved employment plan that leads to employment. For purposes of the MFIP program, 
32.25 	this includes activities that meet the definition of work activity under the participation 
32.26 	requirements of TANF. Work activity includes:
32.27 	(1) unsubsidized employment, including work study and paid apprenticeships or 
32.28 	internships;
32.29 	(2) subsidized private sector or public sector employment, including grant diversion 
32.30 	as specified in section 256J.69, on-the-job training as specified in section 256J.66, 
32.31 	the self-employment investment demonstration program (SEID) as specified in section 
32.32 	256J.65, paid work experience, and supported work when a wage subsidy is provided; 
32.33 	(3) unpaid work experience, including community service, volunteer work, 
32.34 	the community work experience program as specified in section 256J.67, unpaid 
32.35 	apprenticeships or internships, and supported work when a wage subsidy is not provided. 
33.1 	Unpaid work experience is only an option if the participant has been unable to obtain or 
33.2 	maintain paid employment in the competitive labor market, and no paid work experience 
33.3 	programs are available to the participant. Unless a participant consents to participating 
33.4 	in unpaid work experience, the participant's employment plan may only include unpaid 
33.5 	work experience if including the unpaid work experience in the plan will meet the 
33.6 	following criteria:
33.7 	(i) the unpaid work experience will provide the participant specific skills or 
33.8 	experience that cannot be obtained through other work activity options where the 
33.9 	participant resides or is willing to reside; and 
33.10 	(ii) the skills or experience gained through the unpaid work experience will result 
33.11 	in higher wages for the participant than the participant could earn without the unpaid 
33.12 	work experience;
33.13 	(4) job search including job readiness assistance, job clubs, job placement, 
33.14 	job-related counseling, and job retention services;
33.15 	(5) job readiness education, including English as a second language (ESL) or 
33.16 	functional work literacy classes as limited by the provisions of section 256J.531, 
33.17 	subdivision 2, general educational development (GED) course work, high school 
33.18 	completion, and adult basic education as limited by the provisions of section 256J.531, 
33.19 	subdivision 1; 
33.20 	(6) job skills training directly related to employment, including education and 
33.21 	training that can reasonably be expected to lead to employment, as limited by the 
33.22 	provisions of section 256J.53; 
33.23 	(7) providing child care services to a participant who is working in a community 
33.24 	service program;
33.25 	(8) activities included in the employment plan that is developed under section 
33.26 	256J.521, subdivision 3; and 
33.27 	(9) preemployment activities including chemical and mental health assessments, 
33.28 	treatment, and services; learning disabilities services; child protective services; family 
33.29 	stabilization services; or other programs designed to enhance employability.

33.30 	Sec. 47. Minnesota Statutes 2006, section 256J.50, subdivision 1, is amended to read:
33.31 		Subdivision 1.Employment and training services component of MFIP. (a) Each 
33.32 	county must develop and provide an employment and training services component which 
33.33 	is designed to put participants on the most direct path to unsubsidized employment. 
33.34 	Participation in these services is mandatory for all MFIP caregivers, unless the caregiver 
33.35 	is exempt under section 256J.56. 
34.1 	(b) A county must provide employment and training services under sections 
34.2 	256J.515 to 256J.74 within 30 days after the caregiver is determined eligible for MFIP, or 
34.3 	within ten days when the caregiver participated in the diversionary work program under 
34.4 	section 256J.95 within the past 12 months. 

34.5 	Sec. 48. Minnesota Statutes 2006, section 256J.521, subdivision 4, is amended to read:
34.6 		Subd. 4.Self-employment. (a) Self-employment activities may be included in an 
34.7 	employment plan contingent on the development of a business plan which establishes a 
34.8 	timetable and earning goals that will result in the participant exiting MFIP assistance. 
34.9 	Business plans must be developed with assistance from an individual or organization with 
34.10 	expertise in small business as approved by the job counselor.
34.11 	(b) Participants with an approved plan that includes self-employment must meet 
34.12 	the participation requirements in section 256J.55, subdivision 1. Only hours where 
34.13 	the participant earns at least minimum wage shall be counted toward the requirement. 
34.14 	Additional activities and hours necessary to meet the participation requirements in section 
34.15 	256J.55, subdivision 1, must be included in the employment plan. 
34.16 	(c) Employment plans which include self-employment activities must be reviewed 
34.17 	every three months. Participants who fail, without good cause, to make satisfactory 
34.18 	progress as established in the business plan must revise the employment plan to replace 
34.19 	the self-employment with other approved work activities.
34.20 	(d) The requirements of this subdivision may be waived for participants who are 
34.21 	enrolled in the self-employment investment demonstration program (SEID) under section 
34.22 	256J.65, and who make satisfactory progress as determined by the job counselor and 
34.23 	the SEID provider. 

34.24 	Sec. 49. Minnesota Statutes 2006, section 256J.54, subdivision 5, is amended to read:
34.25 		Subd. 5.School attendance required. (a) Notwithstanding the provisions of 
34.26 	section 256J.56, Minor parents, or 18- or 19-year-old parents without a high school 
34.27 	diploma or its equivalent who chooses choose an employment plan with an education 
34.28 	option must attend school unless: 
34.29 	(1) transportation services needed to enable the caregiver to attend school are not 
34.30 	available;
34.31 	(2) appropriate child care services needed to enable the caregiver to attend school 
34.32 	are not available;
34.33 	(3) the caregiver is ill or incapacitated seriously enough to prevent attendance at 
34.34 	school; or
35.1 	(4) the caregiver is needed in the home because of the illness or incapacity of 
35.2 	another member of the household. This includes a caregiver of a child who is younger 
35.3 	than six weeks of age.
35.4 	(b) The caregiver must be enrolled in a secondary school and meeting the school's 
35.5 	attendance requirements. The county, social service agency, or job counselor must verify 
35.6 	at least once per quarter that the caregiver is meeting the school's attendance requirements. 
35.7 	An enrolled caregiver is considered to be meeting the attendance requirements when the 
35.8 	school is not in regular session, including during holiday and summer breaks.

35.9 	Sec. 50. Minnesota Statutes 2007 Supplement, section 256J.55, subdivision 1, is 
35.10 	amended to read:
35.11 		Subdivision 1.Participation requirements. (a) All caregivers must participate 
35.12 	in employment services under sections 256J.515 to 256J.57 concurrent with receipt of 
35.13 	MFIP assistance. 
35.14 	(b) Until July 1, 2004, participants who meet the requirements of section 256J.56 are 
35.15 	exempt from participation requirements.
35.16 	(c) Participants under paragraph (a) must develop and comply with an employment 
35.17 	plan under section 256J.521 or section 256J.54 in the case of a participant under the age of 
35.18 	20 who has not obtained a high school diploma or its equivalent.
35.19 	(d) (c) With the exception of participants under the age of 20 who must meet 
35.20 	the education requirements of section 256J.54, all participants must meet the hourly 
35.21 	participation requirements of TANF or the hourly requirements listed in clauses (1) to 
35.22 	(3), whichever is higher.
35.23 	(1) In single-parent families with no children under six years of age, the job 
35.24 	counselor and the caregiver must develop an employment plan that includes 130 hours per 
35.25 	month of work activities.
35.26 	(2) In single-parent families with a child under six years of age, the job counselor 
35.27 	and the caregiver must develop an employment plan that includes 87 hours per month 
35.28 	of work activities.
35.29 	(3) In two-parent families, the job counselor and the caregivers must develop 
35.30 	employment plans which result in a combined total of at least 55 hours per week of work 
35.31 	activities.
35.32 	(e) (d) Failure to participate in employment services, including the requirement to 
35.33 	develop and comply with an employment plan, including hourly requirements, without 
35.34 	good cause under section 256J.57, shall result in the imposition of a sanction under section 
35.35 	256J.46.

36.1 	Sec. 51. Minnesota Statutes 2006, section 260B.235, subdivision 5, is amended to read:
36.2 		Subd. 5.Enhanced dispositions. If the juvenile court finds that a child has 
36.3 	committed a second or subsequent juvenile alcohol or controlled substance offense, the 
36.4 	court may impose any of the dispositional alternatives described in paragraphs (a) to (c). 
36.5 	If the juvenile court finds that a child has committed a second or subsequent juvenile 
36.6 	tobacco offense, the court may impose any of the dispositional alternatives described 
36.7 	in paragraphs (a) to (c).
36.8 	(a) The court may impose any of the dispositional alternatives described in 
36.9 	subdivision 3 4, clauses (a) to (f).
36.10 	(b) If the adjudicated petty offender has a driver's license or permit, the court may 
36.11 	forward the license or permit to the commissioner of public safety. The commissioner 
36.12 	shall revoke the petty offender's driver's license or permit until the offender reaches the 
36.13 	age of 18 years or for a period of one year, whichever is longer.
36.14 	(c) If the adjudicated petty offender has a driver's license or permit, the court may 
36.15 	suspend the driver's license or permit for a period of up to 90 days but may allow the 
36.16 	offender driving privileges as necessary to travel to and from work.
36.17 	(d) If the adjudicated petty offender does not have a driver's license or permit, the 
36.18 	court may prepare an order of denial of driving privileges. The order must provide that the 
36.19 	petty offender will not be granted driving privileges until the offender reaches the age of 18 
36.20 	years or for a period of one year, whichever is longer. The court shall forward the order to 
36.21 	the commissioner of public safety. The commissioner shall deny the offender's eligibility 
36.22 	for a driver's license under section 171.04, for the period stated in the court order. 

36.23 	Sec. 52. Minnesota Statutes 2006, section 260C.007, subdivision 6, is amended to read:
36.24 		Subd. 6.Child in need of protection or services. "Child in need of protection or 
36.25 	services" means a child who is in need of protection or services because the child:
36.26 	(1) is abandoned or without parent, guardian, or custodian;
36.27 	(2)(i) has been a victim of physical or sexual abuse, (ii) resides with or has resided 
36.28 	with a victim of domestic child abuse as defined in subdivision 5 13, (iii) resides with 
36.29 	or would reside with a perpetrator of domestic child abuse or child abuse as defined in 
36.30 	subdivision 13 or 5, or (iv) is a victim of emotional maltreatment as defined in subdivision 
36.31 	8 15;
36.32 	(3) is without necessary food, clothing, shelter, education, or other required care 
36.33 	for the child's physical or mental health or morals because the child's parent, guardian, 
36.34 	or custodian is unable or unwilling to provide that care;
37.1 	(4) is without the special care made necessary by a physical, mental, or emotional 
37.2 	condition because the child's parent, guardian, or custodian is unable or unwilling to 
37.3 	provide that care, including a child in voluntary placement due solely to the child's 
37.4 	developmental disability or emotional disturbance;
37.5 	(5) is medically neglected, which includes, but is not limited to, the withholding of 
37.6 	medically indicated treatment from a disabled infant with a life-threatening condition. The 
37.7 	term "withholding of medically indicated treatment" means the failure to respond to the 
37.8 	infant's life-threatening conditions by providing treatment, including appropriate nutrition, 
37.9 	hydration, and medication which, in the treating physician's or physicians' reasonable 
37.10 	medical judgment, will be most likely to be effective in ameliorating or correcting all 
37.11 	conditions, except that the term does not include the failure to provide treatment other 
37.12 	than appropriate nutrition, hydration, or medication to an infant when, in the treating 
37.13 	physician's or physicians' reasonable medical judgment:
37.14 	(i) the infant is chronically and irreversibly comatose;
37.15 	(ii) the provision of the treatment would merely prolong dying, not be effective in 
37.16 	ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be 
37.17 	futile in terms of the survival of the infant; or
37.18 	(iii) the provision of the treatment would be virtually futile in terms of the survival 
37.19 	of the infant and the treatment itself under the circumstances would be inhumane;
37.20 	(6) is one whose parent, guardian, or other custodian for good cause desires to 
37.21 	be relieved of the child's care and custody, including a child in placement according to 
37.22 	voluntary release by the parent under section 260C.212, subdivision 8; 
37.23 	(7) has been placed for adoption or care in violation of law;
37.24 	(8) is without proper parental care because of the emotional, mental, or physical 
37.25 	disability, or state of immaturity of the child's parent, guardian, or other custodian;
37.26 	(9) is one whose behavior, condition, or environment is such as to be injurious or 
37.27 	dangerous to the child or others. An injurious or dangerous environment may include, but 
37.28 	is not limited to, the exposure of a child to criminal activity in the child's home;
37.29 	(10) is experiencing growth delays, which may be referred to as failure to thrive, that 
37.30 	have been diagnosed by a physician and are due to parental neglect;
37.31 	(11) has engaged in prostitution as defined in section 609.321, subdivision 9; 
37.32 	(12) has committed a delinquent act or a juvenile petty offense before becoming 
37.33 	ten years old;
37.34 	(13) is a runaway;
37.35 	(14) is a habitual truant; or
38.1 	(15) has been found incompetent to proceed or has been found not guilty by reason 
38.2 	of mental illness or mental deficiency in connection with a delinquency proceeding, a 
38.3 	certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a 
38.4 	proceeding involving a juvenile petty offense. 

38.5 	Sec. 53. Minnesota Statutes 2007 Supplement, section 268.101, subdivision 2, is 
38.6 	amended to read:
38.7 		Subd. 2.Determination. (a) The commissioner shall determine any issue of 
38.8 	ineligibility raised by information required from an applicant under subdivision 1, 
38.9 	paragraph (a) or (c), and send to the applicant and any involved employer, by mail or 
38.10 	electronic transmission, a determination of eligibility or a determination of ineligibility, 
38.11 	as is appropriate. The determination on an issue of ineligibility as a result of a quit or a 
38.12 	discharge of the applicant must state the effect on the employer under section 268.047. A 
38.13 	determination must be made in accordance with this paragraph even if a notified employer 
38.14 	has not raised the issue of ineligibility.
38.15 	(b) The commissioner shall determine any issue of ineligibility raised by an 
38.16 	employer and send to the applicant and that employer, by mail or electronic transmission, 
38.17 	a determination of eligibility or a determination of ineligibility as is appropriate. The 
38.18 	determination on an issue of ineligibility as a result of a quit or discharge of the applicant 
38.19 	must state the effect on the employer under section 268.047.
38.20 	If a base period employer:
38.21 	(1) was not the applicant's most recent employer before the application for 
38.22 	unemployment benefits;
38.23 	(2) did not employ the applicant during the six calendar months before the 
38.24 	application for unemployment benefits; and
38.25 	(3) did not raise an issue of ineligibility as a result of a quit or discharge of the 
38.26 	applicant within ten calendar days of notification under subdivision 1, paragraph (b);
38.27 	then any exception under section 268.047, subdivisions 2 and 3, begins the Sunday two 
38.28 	weeks following the week that the issue of ineligibility as a result of a quit or discharge of 
38.29 	the applicant was raised by the employer.
38.30 	A communication from an employer must specifically set out why the applicant 
38.31 	should be determined ineligible for unemployment benefits for that communication to be 
38.32 	considered to have raised an issue of ineligibility for purposes of this section. A statement 
38.33 	of "protest" or a similar term without more information does not constitute raising an issue 
38.34 	of ineligibility for purposes of this section.
39.1 	(c) An issue of ineligibility is determined based upon that information required of 
39.2 	an applicant, any information that may be obtained from an applicant or employer, and 
39.3 	information from any other source, without regard to any burden of proof.
39.4 	(d) Regardless of the requirements of this subdivision, the commissioner is not 
39.5 	required to send to an applicant a copy of the determination where the applicant has 
39.6 	satisfied any otherwise a period of ineligibility because of a quit or a discharge under 
39.7 	section 268.095, subdivision 10.
39.8 	(e) The commissioner may issue a determination on an issue of ineligibility at any 
39.9 	time within 24 months from the establishment of a benefit account based upon information 
39.10 	from any source, even if the issue of ineligibility was not raised by the applicant or an 
39.11 	employer.
39.12 	This paragraph does not prevent the imposition of a penalty under section 268.18, 
39.13 	subdivision 2, or 268.182. 
39.14 	(f) A determination of eligibility or determination of ineligibility is final unless an 
39.15 	appeal is filed by the applicant or notified employer within 20 calendar days after sending. 
39.16 	The determination must contain a prominent statement indicating the consequences of not 
39.17 	appealing. Proceedings on the appeal are conducted in accordance with section 268.105. 
39.18 	(g) An issue of ineligibility required to be determined under this section includes 
39.19 	any question regarding the denial or allowing of unemployment benefits under this chapter 
39.20 	except for issues under section 268.07. An issue of ineligibility for purposes of this section 
39.21 	includes any question of effect on an employer under section 268.047. 
39.22 	(h) Except for issues of ineligibility as a result of a quit or discharge of the applicant, 
39.23 	the employer will be (1) sent a copy of the determination of eligibility or a determination 
39.24 	of ineligibility, or (2) considered an involved employer for purposes of an appeal under 
39.25 	section 268.105, only if the employer raised the issue of ineligibility. 

39.26 	Sec. 54. Minnesota Statutes 2006, section 270.81, subdivision 1, is amended to read:
39.27 		Subdivision 1.Valuation of operating property. The operating property of every 
39.28 	railroad company doing business in Minnesota shall be valued by the commissioner in 
39.29 	the manner prescribed by Laws 1979, chapter 303, article 7, sections 1 to 13 sections 
39.30 	270.80 to 270.87.

39.31 	Sec. 55. Minnesota Statutes 2006, section 270.82, subdivision 1, is amended to read:
39.32 		Subdivision 1.Annual report required. Every railroad company doing business 
39.33 	in Minnesota shall annually file with the commissioner on or before March 31 a report 
39.34 	under oath setting forth the information prescribed by the commissioner to enable the 
40.1 	commissioner to make the valuation and equalization required by Laws 1979, chapter 303, 
40.2 	article 7, sections 1 to 13 sections 270.80 to 270.87.

40.3 	Sec. 56. Minnesota Statutes 2006, section 270.83, subdivision 3, is amended to read:
40.4 		Subd. 3.Failure to file report. If any railroad company shall refuse or neglect to 
40.5 	make the report required by this section to the commissioner, or shall refuse or neglect to 
40.6 	permit an inspection and examination of its property, records, books, accounts or other 
40.7 	papers when requested by the commissioner, or shall refuse or neglect to appear before 
40.8 	the commissioner or a person appointed under subdivision 2 when required so to do, the 
40.9 	commissioner shall make the valuation provided for by Laws 1979, chapter 303, article 7, 
40.10 	sections 1 to 13 sections 270.80 to 270.87 against the railroad company according to the 
40.11 	commissioner's best judgment on available information.

40.12 	Sec. 57. Minnesota Statutes 2006, section 273.1398, subdivision 6, is amended to read:
40.13 		Subd. 6.Payment. The commissioner shall certify the aids provided in subdivision 
40.14 	3 before September 1 of the year preceding the distribution year to the county auditor of 
40.15 	the affected local government. The aids provided in subdivisions subdivision 3, 4a, and 
40.16 	4c must be paid to local governments other than school districts at the times provided in 
40.17 	section 477A.015 for payment of local government aid to taxing jurisdictions, except 
40.18 	that the first one-half payment of disparity reduction aid provided in subdivision 3 must 
40.19 	be paid on or before August 31. The disparity reduction credit provided in subdivision 
40.20 	4 must be paid to taxing jurisdictions other than school districts at the time provided in 
40.21 	section 473H.10, subdivision 3. Aids and credit reimbursements to school districts must 
40.22 	be certified to the commissioner of education and paid under section 273.1392. Payment 
40.23 	shall not be made to any taxing jurisdiction that has ceased to levy a property tax. 

40.24 	Sec. 58. Minnesota Statutes 2006, section 275.065, subdivision 5a, is amended to read:
40.25 		Subd. 5a.Public advertisement. (a) A city that has a population of more than 
40.26 	2,500, county, a metropolitan special taxing district as defined in subdivision 3, paragraph 
40.27 	(i), a regional library district established under section  134.201, or school district shall 
40.28 	advertise in a newspaper a notice of its intent to adopt a budget and property tax levy or, 
40.29 	in the case of a school district, to review its current budget and proposed property taxes 
40.30 	payable in the following year, at a public hearing, if a public hearing is required under 
40.31 	subdivision 6. The notice must be published not less than two business days nor more 
40.32 	than six business days before the hearing. 
41.1 	The advertisement must be at least one-eighth page in size of a standard-size or a 
41.2 	tabloid-size newspaper. The advertisement must not be placed in the part of the newspaper 
41.3 	where legal notices and classified advertisements appear. The advertisement must be 
41.4 	published in an official newspaper of general circulation in the taxing authority. The 
41.5 	newspaper selected must be one of general interest and readership in the community, and 
41.6 	not one of limited subject matter. The advertisement must appear in a newspaper that is 
41.7 	published at least once per week.
41.8 	For purposes of this section, the metropolitan special taxing district's advertisement 
41.9 	must only be published in the Minneapolis Star and Tribune and the Saint Paul Pioneer 
41.10 	Press.
41.11 	In addition to other requirements, a county and a city having a population of 
41.12 	more than 2,500 must show in the public advertisement required under this subdivision 
41.13 	the current local tax rate, the proposed local tax rate if no property tax levy increase 
41.14 	is adopted, and the proposed rate if the proposed levy is adopted. For purposes of this 
41.15 	subdivision, "local tax rate" means the city's or county's net tax capacity levy divided by 
41.16 	the city's or county's taxable net tax capacity.
41.17 	(b) The advertisement for school districts, metropolitan special taxing districts, and 
41.18 	regional library districts must be in the following form, except that the notice for a school 
41.19 	district may include references to the current budget in regard to proposed property taxes.
41.20 	"NOTICE OF
41.21 	PROPOSED PROPERTY TAXES
41.22 	(School District/Metropolitan
41.23 	Special Taxing District/Regional
41.24 	Library District) of .........
41.25 	The governing body of ........ will soon hold budget hearings and vote on the property 
41.26 	taxes for (metropolitan special taxing district/regional library district services that will be 
41.27 	provided in (year)/school district services that will be provided in (year) and (year)).
41.28 	NOTICE OF PUBLIC HEARING:
41.29 	All concerned citizens are invited to attend a public hearing and express their opinions 
41.30 	on the proposed (school district/metropolitan special taxing district/regional library 
41.31 	district) budget and property taxes, or in the case of a school district, its current budget 
41.32 	and proposed property taxes, payable in the following year. The hearing will be held on 
41.33 	(Month/Day/Year) at (Time) at (Location, Address)."
41.34 	(c) The advertisement for cities and counties must be in the following form.
41.35 	"NOTICE OF PROPOSED
41.36 	TOTAL BUDGET AND PROPERTY TAXES
42.1 	The (city/county) governing body or board of commissioners will hold a public hearing to 
42.2 	discuss the budget and to vote on the amount of property taxes to collect for services the 
42.3 	(city/county) will provide in (year).
42.4 	SPENDING: The total budget amounts below compare (city's/county's) (year) total actual 
42.5 	budget with the amount the (city/county) proposes to spend in (year).

42.6
42.7	(Year) Total Actual 
Budget
		Proposed (Year) 
Budget
		Change from 
(Year)-(Year)

42.8	$...........
		$...........
		.....%
	
42.9 	TAXES: The property tax amounts below compare that portion of the current budget 
42.10 	levied in property taxes in (city/county) for (year) with the property taxes the (city/county) 
42.11 	proposes to collect in (year).

42.12
42.13	(Year) Property 
Taxes
		Proposed (Year) 
Property Taxes
		Change from 
(Year)-(Year)

42.14	$...........
		$...........
		.....%
	
42.15 	LOCAL TAX RATE COMPARISON: The current local tax rate, the local tax rate if no tax 
42.16 	levy increase is adopted, and the proposed local tax rate if the proposed levy is adopted.

42.17
42.18	(Year) Tax Rate
		(Year) Tax Rate if NO 
Levy Increase
		(Year) Proposed 
Tax Rate
	
42.19	...........
		...........
		.....
	
42.20 	ATTEND THE PUBLIC HEARING
42.21 	All (city/county) residents are invited to attend the public hearing of the (city/county) to 
42.22 	express your opinions on the budget and the proposed amount of (year) property taxes. 
42.23 	The hearing will be held on:
42.24 	(Month/Day/Year/Time)
42.25 	(Location/Address)
42.26 	If the discussion of the budget cannot be completed, a time and place for continuing the 
42.27 	discussion will be announced at the hearing. You are also invited to send your written 
42.28 	comments to:
42.29 	(City/County)
42.30 	(Location/Address)"
42.31 	(d) For purposes of this subdivision, the budget amounts listed on the advertisement 
42.32 	mean:
42.33 	(1) for cities, the total government fund expenditures, as defined by the state auditor 
42.34 	under section  471.6965, less any expenditures for improvements or services that are 
43.1 	specially assessed or charged under chapter 429, 430, 435, or the provisions of any other 
43.2 	law or charter; and 
43.3 	(2) for counties, the total government fund expenditures, as defined by the state 
43.4 	auditor under section  375.169, less any expenditures for direct payments to recipients or 
43.5 	providers for the human service aids listed below: 
43.6 	(i) Minnesota family investment program under chapters 256J and 256K;
43.7 	(ii) medical assistance under sections  256B.041, subdivision 5, and  256B.19, 
43.8 	subdivision 1; 
43.9 	(iii) general assistance medical care under section  256D.03, subdivision 6; 
43.10 	(iv) general assistance under section  256D.03, subdivision 2; 
43.11 	(v) emergency assistance under section  256J.48;
43.12 	(vi)(v) Minnesota supplemental aid under section  256D.36, subdivision 1; 
43.13 	(vii)(vi) preadmission screening under section  256B.0911, and alternative care 
43.14 	grants under section  256B.0913; 
43.15 	(viii)(vii) general assistance medical care claims processing, medical transportation 
43.16 	and related costs under section  256D.03, subdivision 4; 
43.17 	(ix)(viii) medical transportation and related costs under section  256B.0625, 
43.18 	subdivisions 17 to 18a; 
43.19 	(x)(ix) group residential housing under section  256I.05, subdivision 8, transferred 
43.20 	from programs in clauses (iv) and (vi) (v); or 
43.21 	(xi)(x) any successor programs to those listed in clauses (i) to (x) (ix).
43.22 	(e) A city with a population of over 500 but not more than 2,500 that is required to 
43.23 	hold a public hearing under subdivision 6 must advertise by posted notice as defined in 
43.24 	section  645.12, subdivision 1. The advertisement must be posted at the time provided in 
43.25 	paragraph (a). It must be in the form required in paragraph (b). 
43.26 	(f) For purposes of this subdivision, the population of a city is the most recent 
43.27 	population as determined by the state demographer under section  4A.02. 
43.28 	(g) The commissioner of revenue, subject to the approval of the chairs of the house 
43.29 	and senate tax committees, shall prescribe the form and format of the advertisements 
43.30 	required under this subdivision.

43.31 	Sec. 59. Minnesota Statutes 2006, section 282.01, subdivision 1b, is amended to read:
43.32 		Subd. 1b.Conveyance; targeted neighborhood lands. (a) Notwithstanding 
43.33 	subdivision 1a, in the case of tax-forfeited lands located in a targeted neighborhood, 
43.34 	as defined in section 469.201, subdivision 10, and section 473.121, subdivision 2, the 
43.35 	commissioner of revenue shall convey by deed in the name of the state any tract of 
44.1 	tax-forfeited land held in trust in favor of the taxing districts, to a political subdivision 
44.2 	that submits an application to the commissioner of revenue and the recommendation 
44.3 	of the county board. 
44.4 	(b) The application under paragraph (a) must include a statement of facts as to the 
44.5 	use to be made of the tract, the need therefor, and a resolution, adopted by the governing 
44.6 	body of the political subdivision, finding that the conveyance of a tract of tax-forfeited 
44.7 	land to the political subdivision is necessary to provide for the redevelopment of land as 
44.8 	productive taxable property. Deeds of conveyance issued under paragraph (a) are not 
44.9 	conditioned on continued use of the property for the use stated in the application.

44.10 	Sec. 60. Minnesota Statutes 2006, section 289A.08, subdivision 7, is amended to read:
44.11 		Subd. 7.Composite income tax returns for nonresident partners, shareholders, 
44.12 	and beneficiaries. (a) The commissioner may allow a partnership with nonresident 
44.13 	partners to file a composite return and to pay the tax on behalf of nonresident partners who 
44.14 	have no other Minnesota source income. This composite return must include the names, 
44.15 	addresses, Social Security numbers, income allocation, and tax liability for the nonresident 
44.16 	partners electing to be covered by the composite return.
44.17 	(b) The computation of a partner's tax liability must be determined by multiplying 
44.18 	the income allocated to that partner by the highest rate used to determine the tax liability 
44.19 	for individuals under section 290.06, subdivision 2c. Nonbusiness deductions, standard 
44.20 	deductions, or personal exemptions are not allowed.
44.21 	(c) The partnership must submit a request to use this composite return filing method 
44.22 	for nonresident partners. The requesting partnership must file a composite return in the 
44.23 	form prescribed by the commissioner of revenue. The filing of a composite return is 
44.24 	considered a request to use the composite return filing method.
44.25 	(d) The electing partner must not have any Minnesota source income other than 
44.26 	the income from the partnership and other electing partnerships. If it is determined that 
44.27 	the electing partner has other Minnesota source income, the inclusion of the income 
44.28 	and tax liability for that partner under this provision will not constitute a return to 
44.29 	satisfy the requirements of subdivision 1. The tax paid for the individual as part of the 
44.30 	composite return is allowed as a payment of the tax by the individual on the date on 
44.31 	which the composite return payment was made. If the electing nonresident partner has no 
44.32 	other Minnesota source income, filing of the composite return is a return for purposes of 
44.33 	subdivision 1.
44.34 	(e) This subdivision does not negate the requirement that an individual pay estimated 
44.35 	tax if the individual's liability would exceed the requirements set forth in section 289A.25. 
45.1 	A composite estimate may, however, be filed in a manner similar to and containing the 
45.2 	information required under paragraph (a).
45.3 	(f) If an electing partner's share of the partnership's gross income from Minnesota 
45.4 	sources is less than the filing requirements for a nonresident under this subdivision, the tax 
45.5 	liability is zero. However, a statement showing the partner's share of gross income must 
45.6 	be included as part of the composite return.
45.7 	(g) The election provided in this subdivision is only available to a partner who has 
45.8 	no other Minnesota source income and who is either (1) a full-year nonresident individual 
45.9 	or (2) a trust or estate that does not claim a deduction under either section 651 or 661 of 
45.10 	the Internal Revenue Code.
45.11 	(h) A corporation defined in section 290.9725 and its nonresident shareholders may 
45.12 	make an election under this paragraph. The provisions covering the partnership apply to 
45.13 	the corporation and the provisions applying to the partner apply to the shareholder.
45.14 	(i) Estates and trusts distributing current income only and the nonresident individual 
45.15 	beneficiaries of the estates or trusts may make an election under this paragraph. The 
45.16 	provisions covering the partnership apply to the estate or trust. The provisions applying to 
45.17 	the partner apply to the beneficiary.
45.18 	(j) For the purposes of this subdivision, "income" means the partner's share of federal 
45.19 	adjusted gross income from the partnership modified by the additions provided in section 
45.20 	290.01, subdivision 19a, clauses (6) to (9) and (11) (10), and the subtractions provided in: 
45.21 	(i) section 290.01, subdivision 19b, clause (9), to the extent the amount is assignable or 
45.22 	allocable to Minnesota under section 290.17; and (ii) section 290.01, subdivision 19b, 
45.23 	clause (14). The subtraction allowed under section 290.01, subdivision 19b, clause (9), is 
45.24 	only allowed on the composite tax computation to the extent the electing partner would 
45.25 	have been allowed the subtraction.

45.26 	Sec. 61. Minnesota Statutes 2006, section 289A.63, subdivision 6, is amended to read:
45.27 		Subd. 6.Collection of tax; penalty. An agent, canvasser, or employee of a retailer, 
45.28 	who is not authorized by permit from the commissioner, may not collect the sales tax as 
45.29 	imposed by chapter 297A, nor sell, solicit orders for, nor deliver, any tangible personal 
45.30 	property in this state. An agent, canvasser, or employee violating the provisions of section 
45.31 	297A.63; 297A.66 to 297A.71; 297A.75; 297A.76, subdivision 1; 297A.77; 297A.78; 
45.32 	297A.80; 297A.82, subdivision 4; 297A.83; 297A.89; 297A.90; 297A.91; or297A.96; or 
45.33 	297A.97 is guilty of a misdemeanor. 

45.34 	Sec. 62. Minnesota Statutes 2006, section 290.0921, subdivision 3, is amended to read:
46.1 		Subd. 3.Alternative minimum taxable income. "Alternative minimum taxable 
46.2 	income" is Minnesota net income as defined in section 290.01, subdivision 19, and 
46.3 	includes the adjustments and tax preference items in sections 56, 57, 58, and 59(d), (e), 
46.4 	(f), and (h) of the Internal Revenue Code. If a corporation files a separate company 
46.5 	Minnesota tax return, the minimum tax must be computed on a separate company basis. 
46.6 	If a corporation is part of a tax group filing a unitary return, the minimum tax must be 
46.7 	computed on a unitary basis. The following adjustments must be made.
46.8 	(1) For purposes of the depreciation adjustments under section 56(a)(1) and 
46.9 	56(g)(4)(A) of the Internal Revenue Code, the basis for depreciable property placed in 
46.10 	service in a taxable year beginning before January 1, 1990, is the adjusted basis for federal 
46.11 	income tax purposes, including any modification made in a taxable year under section 
46.12 	290.01, subdivision 19e, or Minnesota Statutes 1986, section 290.09, subdivision 7, 
46.13 	paragraph (c).
46.14 	For taxable years beginning after December 31, 2000, the amount of any remaining 
46.15 	modification made under section 290.01, subdivision 19e, or Minnesota Statutes 1986, 
46.16 	section 290.09, subdivision 7, paragraph (c), not previously deducted is a depreciation 
46.17 	allowance in the first taxable year after December 31, 2000.
46.18 	(2) The portion of the depreciation deduction allowed for federal income tax 
46.19 	purposes under section 168(k) of the Internal Revenue Code that is required as an addition 
46.20 	under section 290.01, subdivision 19c, clause (16) (15), is disallowed in determining 
46.21 	alternative minimum taxable income.
46.22 	(3) The subtraction for depreciation allowed under section 290.01, subdivision 19d, 
46.23 	clause (19), is allowed as a depreciation deduction in determining alternative minimum 
46.24 	taxable income.
46.25 	(4) The alternative tax net operating loss deduction under sections 56(a)(4) and 56(d) 
46.26 	of the Internal Revenue Code does not apply.
46.27 	(5) The special rule for certain dividends under section 56(g)(4)(C)(ii) of the Internal 
46.28 	Revenue Code does not apply.
46.29 	(6) The special rule for dividends from section 936 companies under section 
46.30 	56(g)(4)(C)(iii) does not apply.
46.31 	(7) The tax preference for depletion under section 57(a)(1) of the Internal Revenue 
46.32 	Code does not apply.
46.33 	(8) The tax preference for intangible drilling costs under section 57(a)(2) of the 
46.34 	Internal Revenue Code must be calculated without regard to subparagraph (E) and the 
46.35 	subtraction under section 290.01, subdivision 19d, clause (4).
47.1 	(9) The tax preference for tax exempt interest under section 57(a)(5) of the Internal 
47.2 	Revenue Code does not apply.
47.3 	(10) The tax preference for charitable contributions of appreciated property under 
47.4 	section 57(a)(6) of the Internal Revenue Code does not apply.
47.5 	(11) For purposes of calculating the tax preference for accelerated depreciation or 
47.6 	amortization on certain property placed in service before January 1, 1987, under section 
47.7 	57(a)(7) of the Internal Revenue Code, the deduction allowable for the taxable year is the 
47.8 	deduction allowed under section 290.01, subdivision 19e.
47.9 	For taxable years beginning after December 31, 2000, the amount of any remaining 
47.10 	modification made under section 290.01, subdivision 19e, not previously deducted is a 
47.11 	depreciation or amortization allowance in the first taxable year after December 31, 2004.
47.12 	(12) For purposes of calculating the adjustment for adjusted current earnings in 
47.13 	section 56(g) of the Internal Revenue Code, the term "alternative minimum taxable 
47.14 	income" as it is used in section 56(g) of the Internal Revenue Code, means alternative 
47.15 	minimum taxable income as defined in this subdivision, determined without regard to the 
47.16 	adjustment for adjusted current earnings in section 56(g) of the Internal Revenue Code.
47.17 	(13) For purposes of determining the amount of adjusted current earnings under 
47.18 	section 56(g)(3) of the Internal Revenue Code, no adjustment shall be made under section 
47.19 	56(g)(4) of the Internal Revenue Code with respect to (i) the amount of foreign dividend 
47.20 	gross-up subtracted as provided in section 290.01, subdivision 19d, clause (1), (ii) the 
47.21 	amount of refunds of income, excise, or franchise taxes subtracted as provided in section 
47.22 	290.01, subdivision 19d, clause (10) (9), or (iii) the amount of royalties, fees or other like 
47.23 	income subtracted as provided in section 290.01, subdivision 19d, clause (11) (10).
47.24 	(14) Alternative minimum taxable income excludes the income from operating in a 
47.25 	job opportunity building zone as provided under section 469.317.
47.26 	(15) Alternative minimum taxable income excludes the income from operating in a 
47.27 	biotechnology and health sciences industry zone as provided under section 469.337.
47.28 	(16) Alternative minimum taxable income excludes the income from operating in an 
47.29 	international economic development zone as provided under section 469.326.
47.30 	Items of tax preference must not be reduced below zero as a result of the 
47.31 	modifications in this subdivision.

47.32 	Sec. 63. Minnesota Statutes 2006, section 297A.70, subdivision 13, is amended to read:
47.33 		Subd. 13.Fund-raising sales by or for nonprofit groups. (a) The following 
47.34 	sales by the specified organizations for fund-raising purposes are exempt, subject to the 
47.35 	limitations listed in paragraph (b):
48.1 	(1) all sales made by an organization that exists solely for the purpose of providing 
48.2 	educational or social activities for young people primarily age 18 and under;
48.3 	(2) all sales made by an organization that is a senior citizen group or association of 
48.4 	groups if (i) in general it limits membership to persons age 55 or older; (ii) it is organized 
48.5 	and operated exclusively for pleasure, recreation, and other nonprofit purposes; and (iii) 
48.6 	no part of its net earnings inures to the benefit of any private shareholders;
48.7 	(3) the sale or use of tickets or admissions to a golf tournament held in Minnesota if 
48.8 	the beneficiary of the tournament's net proceeds qualifies as a tax-exempt organization 
48.9 	under section 501(c)(3) of the Internal Revenue Code; and
48.10 	(4) sales of candy sold for fund-raising purposes by a nonprofit organization that 
48.11 	provides educational and social activities primarily for young people age 18 and under.
48.12 	(b) The exemptions listed in paragraph (a) are limited in the following manner:
48.13 	(1) the exemption under paragraph (a), clauses (1) and (2), applies only if the gross 
48.14 	annual receipts of the organization from fund-raising do not exceed $10,000; and
48.15 	(2) the exemption under paragraph (a), clause (1), does not apply if the sales are 
48.16 	derived from admission charges or from activities for which the money must be deposited 
48.17 	with the school district treasurer under section 123B.49, subdivision 2, or be recorded in 
48.18 	the same manner as other revenues or expenditures of the school district under section 
48.19 	123B.49, subdivision 4. 
48.20 	(c) Sales of tangible personal property are exempt if the entire proceeds, less the 
48.21 	necessary expenses for obtaining the property, will be contributed to a registered combined 
48.22 	charitable organization described in section 309.501 43A.50, to be used exclusively for 
48.23 	charitable, religious, or educational purposes, and the registered combined charitable 
48.24 	organization has given its written permission for the sale. Sales that occur over a period of 
48.25 	more than 24 days per year are not exempt under this paragraph. 
48.26 	(d) For purposes of this subdivision, a club, association, or other organization of 
48.27 	elementary or secondary school students organized for the purpose of carrying on sports, 
48.28 	educational, or other extracurricular activities is a separate organization from the school 
48.29 	district or school for purposes of applying the $10,000 limit.

48.30 	Sec. 64. Minnesota Statutes 2006, section 298.282, subdivision 2, is amended to read:
48.31 		Subd. 2.Commissioner's calculation and certification of municipal 
48.32 	distributions. (a) Each year following the final determination of the amount of taxes 
48.33 	payable under section 298.24, the commissioner of revenue shall determine the amount in 
48.34 	the taconite municipal aid account as of July 1 of that year and the amount to be distributed 
48.35 	to each qualifying municipality during the year. The amount to be distributed to each 
49.1 	qualifying municipality shall be determined by determining an index for each qualifying 
49.2 	municipality by subtracting its local effort tax rate, multiplied by its equalized gross tax 
49.3 	capacity, from its fiscal need factor. For the purposes of this subdivision, the following 
49.4 	terms have the meanings given them herein. A municipality's "local effort tax rate" means 
49.5 	its fiscal need factor per capita divided by $21 per capita for each one percent of the gross 
49.6 	local tax rate or $17 per capita for each one percent of the net local tax rate for the first 
49.7 	$350 of its fiscal need factor per capita; plus its fiscal need factor per capita divided by 
49.8 	$18 per capita for each one percent of the gross local tax rate or $15 per capita for each 
49.9 	one percent of the net local tax rate on that part of its fiscal need factor per capita, if any, 
49.10 	in excess of $350. In no case shall a municipality's local effort tax rate be less than a gross 
49.11 	local tax rate of 6.56 percent or a net local tax rate of 8.16 percent. A municipality's 
49.12 	"equalized gross tax capacity" means its previous year tax capacity, less the tax capacity in 
49.13 	any tax increment district, divided by the municipality's aggregate sales ratio covering 
49.14 	the period ending two years prior to the year of aid distribution. A municipality's "fiscal 
49.15 	need factor" means the three-year average of the sum of its municipal levy, taconite aids 
49.16 	received under section 298.28, subdivisions 2, 11, paragraph (b), and this section and its 
49.17 	local government aid distribution amount, for taxes payable and distribution amounts 
49.18 	receivable in the three years immediately preceding the aid distribution year. 
49.19 	The ratio of the resulting index for each qualifying municipality to the sum of all 
49.20 	qualifying municipalities' indexes shall be multiplied by the total amount in the taconite 
49.21 	municipal aid account less the amount distributed pursuant to subdivision 5.
49.22 	(b) If the distribution under this section, sections 273.138,298.26 and 298.28, and 
49.23 	chapter 477A, to any municipality would exceed that municipality's levy for that year, 
49.24 	the amount in excess of the levy for that year shall reduce the amount distributed to 
49.25 	the municipality under this section and this excess amount shall be distributed to the 
49.26 	other qualifying municipalities in the same manner as the distribution made pursuant to 
49.27 	subdivision 2, except that the qualifying municipality receiving an initial distribution when 
49.28 	added to that received pursuant to sections 273.138,298.26, 298.28, and chapter 477A in 
49.29 	excess of the qualifying municipality's levy, shall not receive a distribution nor shall its 
49.30 	index be used in computing the distribution pursuant to this clause. The distributions to 
49.31 	be received in the year in which the taxes are payable shall be compared to the levy for 
49.32 	that same year. Upon completion of the determination, the commissioner of revenue shall 
49.33 	certify to the chief clerical officer of each qualifying municipality the amount which will 
49.34 	be distributed to the municipality from the taconite municipal aid account that year. 

50.1 	Sec. 65. Minnesota Statutes 2006, section 300.15, is amended to read:
50.2 	300.15 POWERS, RIGHTS, LIABILITIES, AND DUTIES OF 
50.3 	CONSOLIDATED CORPORATION.
50.4 	When the agreement is signed, acknowledged, filed for record, and published 
50.5 	as required by Minnesota Statutes 2004, section 300.14, the separate existence of the 
50.6 	constituent corporations ceases and they become a single corporation in accordance with 
50.7 	the agreement, possessing all the rights, privileges, powers, franchises, and immunities 
50.8 	and subject to all the liabilities and duties of each of the consolidating corporations. The 
50.9 	rights, privileges, powers, franchises, and immunities of each of the corporations and 
50.10 	all property, and all debts owing on whatever account, and all other things in action of 
50.11 	or belonging to each of the corporations are vested in the consolidated corporation, and 
50.12 	all property, rights, privileges, powers, franchises, immunities, and other interests are 
50.13 	thereafter as effectually the property of the consolidated corporation as they were of the 
50.14 	several and respective constituent corporations. All rights of creditors and all liens upon 
50.15 	the property of either of the constituent corporations are preserved unimpaired, and are 
50.16 	limited in lien to the property affected by the lien at the time of the consolidation. All 
50.17 	debts, liabilities, and duties of the constituent corporations attach to the consolidated 
50.18 	corporation and may be enforced against it to the same extent as if the debts, liabilities, 
50.19 	and duties had been incurred or contracted by it. 

50.20 	Sec. 66. Minnesota Statutes 2006, section 300.64, subdivision 4, is amended to read:
50.21 		Subd. 4.Elimination or limitation of liability. A director's personal liability to the 
50.22 	corporation or its stockholders or members for monetary damages for breach of fiduciary 
50.23 	duty as a director may be eliminated or limited in the certificate. The certificate shall not 
50.24 	eliminate or limit the liability of a director:
50.25 	(1) for a breach of the director's duty of loyalty to the corporation or its stockholders 
50.26 	or members;
50.27 	(2) for acts or omissions not in good faith or that involve intentional misconduct 
50.28 	or a knowing violation of law;
50.29 	(3) for acts prohibited under Minnesota Statutes 2004, section 300.60; 
50.30 	(4) under subdivision 1, 2, or 3;
50.31 	(5) for a transaction from which the director derived an improper personal benefit; or
50.32 	(6) for an act or omission occurring prior to the date when the provision in the 
50.33 	certificate eliminating or limiting liability becomes effective.

51.1 	Sec. 67. Minnesota Statutes 2006, section 321.0108, is amended to read:
51.2 	321.0108 NAME.
51.3 	(a) The name of a limited partnership may contain the name of any partner.
51.4 	(b) The name of a limited partnership that is not a limited liability limited partnership 
51.5 	must contain the phrase "limited partnership" or the abbreviation "L.P." or "LP" and may 
51.6 	not contain the phrase "limited liability limited partnership" or the abbreviation "LLLP" 
51.7 	or "L.L.L.P."
51.8 	(c) Except as provided in section 321.1206(d)(1) 321.1206(e)(1), the name of a 
51.9 	limited liability limited partnership must contain the phrase "limited liability limited 
51.10 	partnership" or the abbreviation "LLLP" or "L.L.L.P." and must not otherwise contain 
51.11 	the abbreviation "L.P." or "LP."
51.12 	(d) The limited partnership name shall not contain a word or phrase that indicates or 
51.13 	implies that it is formed for a purpose other than a legal purpose.
51.14 	(e) The limited partnership name shall be distinguishable upon the records in the 
51.15 	Office of the Secretary of State from the name of each domestic corporation, limited 
51.16 	partnership, limited liability partnership, and limited liability company, whether profit or 
51.17 	nonprofit, and each foreign corporation, limited partnership, limited liability partnership, 
51.18 	and limited liability company authorized or registered to do business in this state, whether 
51.19 	profit or nonprofit, and each name the right to which is, at the time of formation, reserved 
51.20 	as provided for in sections 302A.117, 322A.03, 322B.125, or 333.001 to 333.54, unless 
51.21 	there is filed with the certificate of limited partnership one of the following: 
51.22 	(1) the written consent of the domestic corporation, limited partnership, limited 
51.23 	liability partnership, or limited liability company, or the foreign corporation, limited 
51.24 	partnership, limited liability partnership, or limited liability company authorized or 
51.25 	registered to do business in this state or the holder of a reserved name or a name filed by 
51.26 	or registered with the secretary of state under sections 333.001 to 333.54 having a name 
51.27 	that is not distinguishable; 
51.28 	(2) a certified copy of a final decree of a court in this state establishing the prior right 
51.29 	of the applicant to the use of the name in this state; or
51.30 	(3) the applicant's affidavit that the corporation, limited partnership, or limited 
51.31 	liability company with the name that is not distinguishable has been incorporated or on file 
51.32 	in this state for at least three years prior to the affidavit, if it is a domestic corporation, 
51.33 	limited partnership, or limited liability company, or has been authorized or registered to 
51.34 	do business in this state for at least three years prior to the affidavit, if it is a foreign 
51.35 	corporation, limited partnership, or limited liability company, or that the holder of a name 
51.36 	filed or registered with the secretary of state under sections 333.001 to 333.54 filed or 
52.1 	registered that name at least three years prior to the affidavit; that the corporation, limited 
52.2 	partnership, or limited liability company or holder has not during the three-year period 
52.3 	before the affidavit filed any document with the secretary of state; that the applicant has 
52.4 	mailed written notice to the corporation, limited partnership, or limited liability company 
52.5 	or the holder of a name filed or registered with the secretary of state under sections 
52.6 	333.001 to 333.54 by certified mail, return receipt requested, properly addressed to the 
52.7 	registered office of the corporation or limited liability company or in care of the agent of 
52.8 	the limited partnership, or the address of the holder of a name filed or registered with the 
52.9 	secretary of state under sections 333.001 to 333.54, shown in the records of the secretary 
52.10 	of state, stating that the applicant intends to use a name that is not distinguishable and the 
52.11 	notice has been returned to the applicant as undeliverable to the addressee corporation, 
52.12 	limited partnership, limited liability company, or holder of a name filed or registered 
52.13 	with the secretary of state under sections 333.001 to 333.54; that the applicant, after 
52.14 	diligent inquiry, has been unable to find any telephone listing for the corporation, limited 
52.15 	partnership, or limited liability company with the name that is not distinguishable in the 
52.16 	county in which is located the registered office of the corporation, limited partnership, or 
52.17 	limited liability company shown in the records of the secretary of state or has been unable 
52.18 	to find any telephone listing for the holder of a name filed or registered with the secretary 
52.19 	of state under sections 333.001 to 333.54 in the county in which is located the address 
52.20 	of the holder shown in the records of the secretary of state; and that the applicant has no 
52.21 	knowledge that the corporation, limited partnership, limited liability company, or holder 
52.22 	of a name filed or registered with the secretary of state under sections 333.001 to 333.54 is 
52.23 	currently engaged in business in this state. 
52.24 	(f) The secretary of state shall determine whether a name is distinguishable from 
52.25 	another name for purposes of this section and section 321.0109. 
52.26 	(g) This section and section 321.0109 do not abrogate or limit the law of unfair 
52.27 	competition or unfair practices; nor sections 333.001 to 333.54; nor the laws of the United 
52.28 	States with respect to the right to acquire and protect copyrights, trade names, trademarks, 
52.29 	service names, service marks, or any other rights to the exclusive use of names or symbols; 
52.30 	nor derogate the common law or the principles of equity. 
52.31 	(h) A limited partnership that is the surviving organization in a merger with one 
52.32 	or more other organizations, or that is formed by the reorganization of one or more 
52.33 	organizations, or that acquires by sale, lease, or other disposition to or exchange with an 
52.34 	organization all or substantially all of the assets of another organization, including its 
52.35 	name, may have the same name as that used in this state by any of the other organizations, 
53.1 	if the other organization whose name is sought to be used was organized under the laws 
53.2 	of, or is authorized to transact business in, this state.
53.3 	(i) The use of a name by a limited partnership in violation of this section does not 
53.4 	affect or vitiate its existence, but a court in this state may, upon application of the state or 
53.5 	of a person interested or affected, enjoin the limited partnership from doing business under 
53.6 	a name assumed in violation of this section, although its certificate of limited partnership 
53.7 	may have been filed with the secretary of state and a certificate of formation issued.
53.8 	(j) A person doing business in this state may contest the subsequent registration of a 
53.9 	name with the Office of the Secretary of State as provided in section 5.22. 

53.10 	Sec. 68. Minnesota Statutes 2007 Supplement, section 325E.386, subdivision 1, 
53.11 	is amended to read:
53.12 		Subdivision 1.Penta- and octabromodiphenyl ethers. Except as provided in 
53.13 	subdivision 3 2, beginning January 1, 2008, a person may not manufacture, process, or 
53.14 	distribute in commerce a product or flame-retardant part of a product containing more 
53.15 	than one-tenth of one percent of pentabromodiphenyl ether or octabromodiphenyl ether 
53.16 	by mass.

53.17 	Sec. 69. Minnesota Statutes 2007 Supplement, section 326.91, subdivision 1, is 
53.18 	amended to read:
53.19 		Subdivision 1. Grounds.  In addition to the grounds set forth in section 326B.082, 
53.20 	subdivision 11, the commissioner may deny, suspend, limit, place conditions on, or revoke 
53.21 	a license or certificate of exemption, or may censure the person holding the license 
53.22 	or certificate of exemption, if the applicant, licensee, certificate of exemption holder, 
53.23 	qualifying person, or affiliate of an applicant, licensee, or certificate of exemption holder, 
53.24 	or other agent owner:
53.25 	(1) has filed an application for licensure or a certificate of exemption which is 
53.26 	incomplete in any material respect or contains any statement which, in light of the 
53.27 	circumstances under which it is made, is false or misleading with respect to any material 
53.28 	fact;
53.29 	(2) has engaged in a fraudulent, deceptive, or dishonest practice;
53.30 	(3) is permanently or temporarily enjoined by any court of competent jurisdiction 
53.31 	from engaging in or continuing any conduct or practice involving any aspect of the 
53.32 	business;
54.1 	(4) has failed to reasonably supervise employees, agents, subcontractors, or 
54.2 	salespersons, or has performed negligently or in breach of contract, so as to cause injury 
54.3 	or harm to the public;
54.4 	(5) has violated or failed to comply with any provision of sections 326.83 to 326.98, 
54.5 	any rule or order under sections 326.83 to 326.98, or any other law, rule, or order related 
54.6 	to the duties and responsibilities entrusted to the commissioner; 
54.7 	(6) has been convicted of a violation of the State Building Code or has refused to 
54.8 	comply with a notice of violation or stop order issued by a certified building official, or in 
54.9 	local jurisdictions that have not adopted the State Building Code has refused to correct a 
54.10 	violation of the State Building Code when the violation has been documented or a notice 
54.11 	of violation or stop order issued by a certified building official has been received;
54.12 	(7) has failed to use the proceeds of any payment made to the licensee for the 
54.13 	construction of, or any improvement to, residential real estate, as defined in section 326.83, 
54.14 	subdivision 17, for the payment of labor, skill, material, and machinery contributed to the 
54.15 	construction or improvement, knowing that the cost of any labor performed, or skill, 
54.16 	material, or machinery furnished for the improvement remains unpaid; 
54.17 	(8) has not furnished to the person making payment either a valid lien waiver as to 
54.18 	any unpaid labor performed, or skill, material, or machinery furnished for an improvement, 
54.19 	or a payment bond in the basic amount of the contract price for the improvement 
54.20 	conditioned for the prompt payment to any person or persons entitled to payment;
54.21 	(9) has engaged in an act or practice that results in compensation to an aggrieved 
54.22 	owner or lessee from the contractor recovery fund pursuant to section 36B.825 326B.89, 
54.23 	unless:
54.24 	(i) the applicant or licensee has repaid the fund twice the amount paid from the fund, 
54.25 	plus interest at the rate of 12 percent per year; and
54.26 	(ii) the applicant or licensee has obtained a surety bond in the amount of at least 
54.27 	$40,000, issued by an insurer authorized to transact business in this state;
54.28 	(10) has engaged in bad faith, unreasonable delays, or frivolous claims in defense 
54.29 	of a civil lawsuit or arbitration arising out of their activities as a licensee or certificate 
54.30 	of exemption holder under this chapter;
54.31 	(11) has had a judgment entered against them for failure to make payments to 
54.32 	employees, subcontractors, or suppliers, that the licensee has failed to satisfy and all 
54.33 	appeals of the judgment have been exhausted or the period for appeal has expired;
54.34 	(12) if unlicensed, has obtained a building permit by the fraudulent use of a fictitious 
54.35 	license number or the license number of another, or, if licensed, has knowingly allowed 
54.36 	an unlicensed person to use the licensee's license number for the purpose of fraudulently 
55.1 	obtaining a building permit; or has applied for or obtained a building permit for an 
55.2 	unlicensed person;
55.3 	(13) has made use of a forged mechanic's lien waiver under chapter 514;
55.4 	(14) has provided false, misleading, or incomplete information to the commissioner 
55.5 	or has refused to allow a reasonable inspection of records or premises;
55.6 	(15) has engaged in an act or practice whether or not the act or practice directly 
55.7 	involves the business for which the person is licensed, that demonstrates that the applicant 
55.8 	or licensee is untrustworthy, financially irresponsible, or otherwise incompetent or 
55.9 	unqualified to act under the license granted by the commissioner; or
55.10 	(16) has failed to comply with requests for information, documents, or other requests 
55.11 	from the department within the time specified in the request or, if no time is specified, 
55.12 	within 30 days of the mailing of the request by the department.

55.13 	Sec. 70. Minnesota Statutes 2006, section 332.30, is amended to read:
55.14 	332.30 ACCELERATED MORTGAGE PAYMENT PROVIDER; BOND 
55.15 	REQUIREMENTS.
55.16 	(a) Before beginning business in this state, an accelerated mortgage payment 
55.17 	provider, as defined in section 332.13, subdivision 2, clause (10) 332A.02, subdivision 8, 
55.18 	clause (9), shall submit to the commissioner of commerce an authorization fee of $250 
55.19 	and either: 
55.20 	(1) a surety bond in which the accelerated mortgage payment provider is the obligor, 
55.21 	in an amount determined by the commissioner; or
55.22 	(2) if the commissioner agrees to accept it, a deposit:
55.23 	(i) in cash in an amount equivalent to the bond amount; or
55.24 	(ii) of authorized securities, as defined in section 50.14, with an aggregate market 
55.25 	value equal to the bond amount. The cash or securities must be deposited with the 
55.26 	commissioner of finance. 
55.27 	(b) The amount of the bond required by the commissioner shall vary with the amount 
55.28 	of Minnesota client funds held or to be held by the obligor. For new businesses, the bond 
55.29 	must be no less than $100,000, except as provided in section 332.301. The commissioner 
55.30 	may increase the required bond amount upon 30 days' notice to the accelerated mortgage 
55.31 	payment provider. 
55.32 	(c) If a bond is submitted, it must name as surety an insurance company authorized 
55.33 	to transact fidelity and surety business in this state. The bond must run to the state of 
55.34 	Minnesota for the use of the state and of any person who may have a claim against the 
55.35 	obligor arising out of the obligor's activities as an accelerated mortgage payment provider. 
56.1 	The bond must be conditioned that the obligor will not commit any fraudulent act and 
56.2 	will faithfully conform to and abide by the provisions of accelerated mortgage payment 
56.3 	agreements with Minnesota residents.
56.4 	If an accelerated mortgage payment provider has failed to account to a mortgagor 
56.5 	or distribute funds to the mortgagee as required by an accelerated mortgage payment 
56.6 	agreement, the mortgagor or the mortgagor's legal representative or receiver or the 
56.7 	commissioner shall have, in addition to any other legal remedies, a right of action in the 
56.8 	name of the debtor on the bond or the security given pursuant to this section.

56.9 	Sec. 71. Minnesota Statutes 2007 Supplement, section 352.01, subdivision 2b, is 
56.10 	amended to read:
56.11 		Subd. 2b.Excluded employees. "State employee" does not include:
56.12 	(1) students employed by the University of Minnesota, or the state colleges and 
56.13 	universities, unless approved for coverage by the Board of Regents of the University of 
56.14 	Minnesota or the Board of Trustees of the Minnesota State Colleges and Universities, 
56.15 	whichever is applicable;
56.16 	(2) employees who are eligible for membership in the state Teachers Retirement 
56.17 	Association, except employees of the Department of Education who have chosen or may 
56.18 	choose to be covered by the general state employees retirement plan of the Minnesota 
56.19 	State Retirement System instead of the Teachers Retirement Association;
56.20 	(3) employees of the University of Minnesota who are excluded from coverage by 
56.21 	action of the Board of Regents;
56.22 	(4) officers and enlisted personnel in the National Guard and the naval militia who 
56.23 	are assigned to permanent peacetime duty and who under federal law are or are required to 
56.24 	be members of a federal retirement system;
56.25 	(5) election officers;
56.26 	(6) persons who are engaged in public work for the state but who are employed 
56.27 	by contractors when the performance of the contract is authorized by the legislature or 
56.28 	other competent authority;
56.29 	(7) officers and employees of the senate, or of the house of representatives, or of a 
56.30 	legislative committee or commission who are temporarily employed;
56.31 	(8) receivers, jurors, notaries public, and court employees who are not in the judicial 
56.32 	branch as defined in section 43A.02, subdivision 25, except referees and adjusters 
56.33 	employed by the Department of Labor and Industry; 
56.34 	(9) patient and inmate help in state charitable, penal, and correctional institutions 
56.35 	including the Minnesota Veterans Home;
57.1 	(10) persons who are employed for professional services where the service is 
57.2 	incidental to their regular professional duties and whose compensation is paid on a per 
57.3 	diem basis;
57.4 	(11) employees of the Sibley House Association;
57.5 	(12) the members of any state board or commission who serve the state intermittently 
57.6 	and are paid on a per diem basis; the secretary, secretary-treasurer, and treasurer of those 
57.7 	boards if their compensation is $5,000 or less per year, or, if they are legally prohibited 
57.8 	from serving more than three years; and the board of managers of the State Agricultural 
57.9 	Society and its treasurer unless the treasurer is also its full-time secretary;
57.10 	(13) state troopers and persons who are described in section 352B.01, subdivision 2, 
57.11 	clauses (2) to (6);
57.12 	(14) temporary employees of the Minnesota State Fair who are employed on or 
57.13 	after July 1 for a period not to extend beyond October 15 of that year; and persons who 
57.14 	are employed at any time by the state fair administration for special events held on the 
57.15 	fairgrounds;
57.16 	(15) emergency employees who are in the classified service; except that if an 
57.17 	emergency employee, within the same pay period, becomes a provisional or probationary 
57.18 	employee on other than a temporary basis, the employee shall be considered a "state 
57.19 	employee" retroactively to the beginning of the pay period;
57.20 	(16) temporary employees in the classified service, and temporary employees in the 
57.21 	unclassified service who are appointed for a definite period of not more than six months 
57.22 	and who are employed less than six months in any one-year period;
57.23 	(17) interns hired for six months or less and trainee employees, except those listed in 
57.24 	subdivision 2a, clause (8);
57.25 	(18) persons whose compensation is paid on a fee basis or as an independent 
57.26 	contractor;
57.27 	(19) state employees who are employed by the Board of Trustees of the Minnesota 
57.28 	State Colleges and Universities in unclassified positions enumerated in section 43A.08, 
57.29 	subdivision 1, clause (9); 
57.30 	(20) state employees who in any year have credit for 12 months service as teachers 
57.31 	in the public schools of the state and as teachers are members of the Teachers Retirement 
57.32 	Association or a retirement system in St. Paul, Minneapolis, or Duluth, except for 
57.33 	incidental employment as a state employee that is not covered by one of the teacher 
57.34 	retirement associations or systems;
58.1 	(21) employees of the adjutant general who are employed on an unlimited 
58.2 	intermittent or temporary basis in the classified or unclassified service for the support of 
58.3 	Army and Air National Guard training facilities;
58.4 	(22) chaplains and nuns who are excluded from coverage under the federal Old 
58.5 	Age, Survivors, Disability, and Health Insurance Program for the performance of service 
58.6 	as specified in United States Code, title 42, section 410(a)(8)(A), as amended, if no 
58.7 	irrevocable election of coverage has been made under section 3121(r) of the Internal 
58.8 	Revenue Code of 1986, as amended through December 31, 1992;
58.9 	(23) examination monitors who are employed by departments, agencies, 
58.10 	commissions, and boards to conduct examinations required by law;
58.11 	(24) persons who are appointed to serve as members of fact-finding commissions or 
58.12 	adjustment panels, arbitrators, or labor referees under chapter 179;
58.13 	(25) temporary employees who are employed for limited periods under any state or 
58.14 	federal program for training or rehabilitation, including persons who are employed for 
58.15 	limited periods from areas of economic distress, but not including skilled and supervisory 
58.16 	personnel and persons having civil service status covered by the system;
58.17 	(26) full-time students who are employed by the Minnesota Historical Society 
58.18 	intermittently during part of the year and full-time during the summer months;
58.19 	(27) temporary employees who are appointed for not more than six months, of 
58.20 	the Metropolitan Council and of any of its statutory boards, if the board members are 
58.21 	appointed by the Metropolitan Council;
58.22 	(28) persons who are employed in positions designated by the Department of 
58.23 	Employee Relations as student workers;
58.24 	(29) members of trades who are employed by the successor to the Metropolitan 
58.25 	Waste Control Commission, who have trade union pension plan coverage under a 
58.26 	collective bargaining agreement, and who are first employed after June 1, 1977;
58.27 	(30) off-duty peace officers while employed by the Metropolitan Council;
58.28 	(31) persons who are employed as full-time police officers by the Metropolitan 
58.29 	Council and as police officers are members of the public employees police and fire fund;
58.30 	(32) persons who are employed as full-time firefighters by the Department of Military 
58.31 	Affairs and as firefighters are members of the public employees police and fire fund;
58.32 	(33) foreign citizens with a work permit of less than three years, or an H-1b/JV visa 
58.33 	valid for less than three years of employment, unless notice of extension is supplied which 
58.34 	allows them to work for three or more years as of the date the extension is granted, in 
58.35 	which case they are eligible for coverage from the date extended; and
59.1 	(34) persons who are employed by the Board of Trustees of the Minnesota State 
59.2 	Colleges and Universities and who elect elected to remain members of the Public 
59.3 	Employees Retirement Association or the Minneapolis Employees Retirement Fund, 
59.4 	whichever applies, under Minnesota Statutes 1994, section 136C.75. 

59.5 	Sec. 72. Minnesota Statutes 2006, section 352.03, subdivision 11, is amended to read:
59.6 		Subd. 11.Legal adviser, attorney general. The attorney general shall be the legal 
59.7 	adviser of the board and of the director. The board may sue or be sued or petitioned 
59.8 	under this section in the name of the board of directors of the system. In actions brought 
59.9 	by it or against it, the board shall be represented by the attorney general and, except 
59.10 	as provided in section 352.031, subdivision 9, venue of actions shall be in the Ramsey 
59.11 	County District Court. 

59.12 	Sec. 73. Minnesota Statutes 2006, section 352.119, subdivision 3, is amended to read:
59.13 		Subd. 3.Increases made automatically. Notwithstanding section 356.18, Increases 
59.14 	in benefit payments under this section will be made automatically unless the intended 
59.15 	recipient files written notice with the system requesting that the increase not be made. 

59.16 	Sec. 74. Minnesota Statutes 2006, section 354.07, subdivision 3, is amended to read:
59.17 		Subd. 3.Attorney general; venue. The attorney general shall be legal advisor to 
59.18 	the board and the executive director. The board may sue or be sued or petitioned under 
59.19 	section 354.071 356.96 in the name of the board of trustees of the Teachers Retirement 
59.20 	Association. In all actions brought by or against it the board shall be represented by the 
59.21 	attorney general. Except as provided in section 354.071, subdivision 9 356.96, subdivision 
59.22 	13, venue of all actions is in the Ramsey County District Court. 

59.23 	Sec. 75. Minnesota Statutes 2006, section 354A.12, subdivision 1, is amended to read:
59.24 		Subdivision 1.Employee contributions. The contribution required to be paid by 
59.25 	each member of a teachers retirement fund association shall not be less than the percentage 
59.26 	of total salary specified below for the applicable association and program:

59.27	Association and Program
		Percentage of
	
59.28				Total Salary
	
59.29
59.30	Duluth Teachers Retirement Fund 
Association
			
59.31		old law and new law
			
59.32		coordinated programs
		5.5 percent
	
59.33
59.34	St. Paul Teachers Retirement Fund 
Association
			
60.1		basic program
		8 percent
	
60.2		coordinated program
		5.5 percent
	
60.3 	Contributions shall be made by deduction from salary and must be remitted directly 
60.4 	to the respective teachers retirement fund association at least once each month.

60.5 	Sec. 76. Minnesota Statutes 2006, section 354A.12, subdivision 2a, is amended to read:
60.6 		Subd. 2a.Employer regular and additional contribution rates. (a) The 
60.7 	employing units shall make the following employer contributions to teachers retirement 
60.8 	fund associations:
60.9 	(1) for any coordinated member of a teachers retirement fund association in a city 
60.10 	of the first class, the employing unit shall pay the employer Social Security taxes in 
60.11 	accordance with section 355.46, subdivision 3, clause (b); 
60.12 	(2) for any coordinated member of one of the following teachers retirement fund 
60.13 	associations in a city of the first class, the employing unit shall make a regular employer 
60.14 	contribution to the respective retirement fund association in an amount equal to the 
60.15 	designated percentage of the salary of the coordinated member as provided below:

60.16		Duluth Teachers Retirement
		
60.17		Fund Association
	4.50 percent
	
60.18		St. Paul Teachers Retirement
		
60.19		Fund Association
	4.50 percent
	
60.20 	(3) for any basic member of the St. Paul Teachers Retirement Fund Association, the 
60.21 	employing unit shall make a regular employer contribution to the respective retirement 
60.22 	fund in an amount equal to 8.00 percent of the salary of the basic member;
60.23 	(4) for a basic member of the St. Paul Teachers Retirement Fund Association, the 
60.24 	employing unit shall make an additional employer contribution to the respective fund in 
60.25 	an amount equal to 3.64 percent of the salary of the basic member;
60.26 	(5) for a coordinated member of a teachers retirement fund association in a city 
60.27 	of the first class, the employing unit shall make an additional employer contribution to 
60.28 	the respective fund in an amount equal to the applicable percentage of the coordinated 
60.29 	member's salary, as provided below:

60.30		Duluth Teachers Retirement
		
60.31		Fund Association
	1.29 percent
	
60.32		St. Paul Teachers Retirement
		
60.33		Fund Association
		
60.34			July 1, 1993 - June 30, 1994
	0.50 percent
	
60.35			July 1, 1994 - June 30, 1995
	1.50 percent
	
60.36			July 1, 1997, and thereafter
	3.84 percent
	
61.1 	(b) The regular and additional employer contributions must be remitted directly to 
61.2 	the respective teachers retirement fund association at least once each month. Delinquent 
61.3 	amounts are payable with interest under the procedure in subdivision 1a.
61.4 	(c) Payments of regular and additional employer contributions for school district 
61.5 	or technical college employees who are paid from normal operating funds must be made 
61.6 	from the appropriate fund of the district or technical college.

61.7 	Sec. 77. Minnesota Statutes 2006, section 356.30, subdivision 1, is amended to read:
61.8 		Subdivision 1.Eligibility; computation of annuity. (a) Notwithstanding any 
61.9 	provisions of the laws governing the retirement plans enumerated in subdivision 3, a 
61.10 	person who has met the qualifications of paragraph (b) may elect to receive a retirement 
61.11 	annuity from each enumerated retirement plan in which the person has at least one-half 
61.12 	year of allowable service, based on the allowable service in each plan, subject to the 
61.13 	provisions of paragraph (c).
61.14 	(b) A person may receive, upon retirement, a retirement annuity from each 
61.15 	enumerated retirement plan in which the person has at least one-half year of allowable 
61.16 	service, and augmentation of a deferred annuity calculated at the appropriate rate under 
61.17 	the laws governing each public pension plan or fund named in subdivision 3, based on 
61.18 	the date of the person's initial entry into public employment from the date the person 
61.19 	terminated all public service if:
61.20 	(1) the person has allowable service totaling an amount that allows the person to 
61.21 	receive an annuity in any two or more of the enumerated plans; and
61.22 	(2) the person has not begun to receive an annuity from any enumerated plan or the 
61.23 	person has made application for benefits from each applicable plan and the effective 
61.24 	dates of the retirement annuity with each plan under which the person chooses to receive 
61.25 	an annuity are within a one-year period.
61.26 	(c) The retirement annuity from each plan must be based upon the allowable service, 
61.27 	accrual rates, and average salary in the applicable plan except as further specified or 
61.28 	modified in the following clauses:
61.29 	(1) the laws governing annuities must be the law in effect on the date of termination 
61.30 	from the last period of public service under a covered retirement plan with which the 
61.31 	person earned a minimum of one-half year of allowable service credit during that 
61.32 	employment;
61.33 	(2) the "average salary" on which the annuity from each covered plan in which 
61.34 	the employee has credit in a formula plan must be based on the employee's highest five 
61.35 	successive years of covered salary during the entire service in covered plans;
62.1 	(3) the accrual rates to be used by each plan must be those percentages prescribed by 
62.2 	each plan's formula as continued for the respective years of allowable service from one 
62.3 	plan to the next, recognizing all previous allowable service with the other covered plans;
62.4 	(4) the allowable service in all the plans must be combined in determining eligibility 
62.5 	for and the application of each plan's provisions in respect to reduction in the annuity 
62.6 	amount for retirement prior to normal retirement age; and
62.7 	(5) the annuity amount payable for any allowable service under a nonformula plan 
62.8 	of a covered plan must not be affected, but such service and covered salary must be used 
62.9 	in the above calculation.
62.10 	(d) This section does not apply to any person whose final termination from the last 
62.11 	public service under a covered plan was before May 1, 1975.
62.12 	(e) For the purpose of computing annuities under this section, the accrual rates 
62.13 	used by any covered plan, except the public employees police and fire plan, the judges 
62.14 	retirement fund, and the State Patrol retirement plan, must not exceed the percent specified 
62.15 	in section 356.315, subdivision 4, per year of service for any year of service or fraction 
62.16 	thereof. The formula percentage used by the judges retirement fund must not exceed the 
62.17 	percentage rate specified in section 356.315, subdivision 8, per year of service for any 
62.18 	year of service or fraction thereof. The accrual rate used by the public employees police 
62.19 	and fire plan and the State Patrol retirement plan must not exceed the percentage rate 
62.20 	specified in section 356.315, subdivision 6, per year of service for any year of service or 
62.21 	fraction thereof. The accrual rate or rates used by the legislators retirement plan and the 
62.22 	elective state officers retirement plan must not exceed 2.5 percent, but this limit does not 
62.23 	apply to the adjustment provided under section 3A.02, subdivision 1, paragraph (c), or 
62.24 	352C.031, paragraph (b). 
62.25 	(f) Any period of time for which a person has credit in more than one of the covered 
62.26 	plans must be used only once for the purpose of determining total allowable service.
62.27 	(g) If the period of duplicated service credit is more than one-half year, or the person 
62.28 	has credit for more than one-half year, with each of the plans, each plan must apply its 
62.29 	formula to a prorated service credit for the period of duplicated service based on a fraction 
62.30 	of the salary on which deductions were paid to that fund for the period divided by the total 
62.31 	salary on which deductions were paid to all plans for the period.
62.32 	(h) If the period of duplicated service credit is less than one-half year, or when 
62.33 	added to other service credit with that plan is less than one-half year, the service credit 
62.34 	must be ignored and a refund of contributions made to the person in accord with that 
62.35 	plan's refund provisions.

63.1 	Sec. 78. Minnesota Statutes 2006, section 356.65, subdivision 2, is amended to read:
63.2 		Subd. 2.Disposition of abandoned amounts. Any unclaimed public pension fund 
63.3 	amounts existing in any public pension fund are presumed to be abandoned, but are not 
63.4 	subject to the provisions of sections 345.31 to 345.60. Unless the benefit plan of the public 
63.5 	pension fund specifically provides for a different disposition of unclaimed or abandoned 
63.6 	funds or amounts, any unclaimed public pension fund amounts cancel and must be 
63.7 	credited to the public pension fund. If the unclaimed public pension fund amount exceeds 
63.8 	$25 and the inactive or former member again becomes a member of the applicable public 
63.9 	pension plan or applies for a retirement annuity under section 3A.12, 352.72, 352B.30, 
63.10 	352C.051,353.71, 354.60, 356.30, or 422A.16, subdivision 8, whichever applies, the 
63.11 	canceled amount must be restored to the credit of the person. 

63.12 	Sec. 79. Minnesota Statutes 2006, section 386.015, subdivision 5, is amended to read:
63.13 		Subd. 5.Public and private fees. The county recorder shall charge and collect all 
63.14 	fees as prescribed by law and all such fees collected as county recorder shall be paid to the 
63.15 	county in the manner and at the time prescribed by the county board, but not less often 
63.16 	than once each month. This subdivision shall apply to the fees collected by the county 
63.17 	recorder in performing the duties of the registrar of titles and all such fees shall be paid 
63.18 	to the county as herein provided except that money paid to the registrar of titles for the 
63.19 	state general fund as provided in section 508.74 shall be paid to the county as provided 
63.20 	in section 508.75. A county recorder may retain as personal compensation any fees the 
63.21 	recorder is permitted to charge by law for services rendered in a private capacity as a 
63.22 	registered abstracter as defined in section 386.61, subdivision 2, clause (2). 

63.23 	Sec. 80. Minnesota Statutes 2006, section 422A.101, subdivision 2, is amended to read:
63.24 		Subd. 2.Contributions by or for city-owned public utilities, improvements, or 
63.25 	municipal activities. Contributions by or for any city-owned public utility, improvement 
63.26 	project, and other municipal activities supported in whole or in part by revenues other than 
63.27 	real estate taxes, any public corporation, any employing unit of metropolitan government, 
63.28 	Special School District No. 1, or Hennepin County, on account of any employee covered 
63.29 	by the fund, shall be calculated as follows:
63.30 	(a) a regular employer contribution of an amount equal to the percentage rounded to 
63.31 	the nearest two decimal places of the salaries and wages of all employees of the employing 
63.32 	unit covered by the retirement fund which equals the difference between the level normal 
63.33 	cost plus administrative cost reported in the annual actuarial valuation prepared by the 
64.1 	actuary retained under section 356.214 and the employee contributions provided for 
64.2 	in section 422A.10; 
64.3 	(b) an additional employer contribution of an amount equal to the percent specified 
64.4 	in section 353.27, subdivision 3a, clause (a), multiplied by the salaries and wages of all 
64.5 	employees of the employing unit covered by the retirement fund; 
64.6 	(c) a proportional share of an additional employer amortization contribution of an 
64.7 	amount equal to $3,900,000 annually until June 30, 2020, based upon the share of the 
64.8 	fund's unfunded actuarial accrued liability attributed to the employer as disclosed in the 
64.9 	annual actuarial valuation prepared by the actuary retained under section 356.214.
64.10 	The city council or any board or commission may, by proper action, provide for the 
64.11 	inclusion of the cost of the retirement contributions for employees of any city-owned 
64.12 	public utility or for persons employed in any improvement project or other municipal 
64.13 	activity supported in whole or in part by revenues other than taxes who are covered by 
64.14 	the retirement fund in the cost of operating the utility, improvement project, or municipal 
64.15 	activity. The cost of retirement contributions for these employees shall be determined by 
64.16 	the retirement board and the respective governing bodies having jurisdiction over the 
64.17 	financing of these operating costs.
64.18 	The cost of the employer contributions on behalf of employees of Special School 
64.19 	District No. 1 who are covered by the retirement fund shall be the obligation of the school 
64.20 	district. Contributions by the school district to the retirement fund or any other public 
64.21 	pension or retirement fund of which its employees are members must be remitted to the 
64.22 	fund each month. An amount due and not transmitted begins to accrue interest at the rate 
64.23 	of six percent compounded annually 15 days after the date due. The retirement board shall 
64.24 	prepare an itemized statement of the financial requirements of the fund payable by the 
64.25 	school district, which shall be submitted prior to September 15. Contributions by the 
64.26 	school district shall be made at times designated by the retirement board. The school 
64.27 	district may levy for its contribution to the retirement fund only to the extent permitted 
64.28 	pursuant to section 126C.41, subdivision 3. 
64.29 	The cost of the employer contributions on behalf of elective officers or other 
64.30 	employees of Hennepin County who are covered by the retirement fund pursuant to 
64.31 	section 422A.09, subdivision 3, clause (2), or422A.22, subdivision 2, or 488A.115,
64.32 	or Laws 1973, chapter 380, section 3, Laws 1975, chapter 402, section 2, or any other 
64.33 	applicable law shall be the obligation of Hennepin County. The retirement board shall 
64.34 	prepare an itemized statement of the financial requirements of the fund payable by 
64.35 	Hennepin County, which shall be submitted prior to September 15. Contributions by 
65.1 	Hennepin County shall be made at times designated by the retirement board. Hennepin 
65.2 	County may levy for its contribution to the retirement fund. 

65.3 	Sec. 81. Minnesota Statutes 2006, section 424A.02, subdivision 8a, is amended to read:
65.4 		Subd. 8a.Purchase of annuity contracts. A relief association providing a 
65.5 	lump-sum service pension, if the governing articles of incorporation or bylaws so provide, 
65.6 	may purchase an annuity contract on behalf of a retiring member in an amount equal 
65.7 	to the service pension otherwise payable at the request of the person and in place of a 
65.8 	direct payment to the person. The annuity contract must be purchased from an insurance 
65.9 	carrier licensed to do business in this state and approved for this product by the commerce 
65.10 	commissioner under section   60A.40. 

65.11 	Sec. 82. Minnesota Statutes 2007 Supplement, section 446A.051, subdivision 1, 
65.12 	is amended to read:
65.13 		Subdivision 1.Determination of financial assistance.  The authority shall assist 
65.14 	eligible  recipients in determining what grants or loans under sections 446A.06,446A.07, 
65.15 	446A.072, 446A.073, 446A.074, 446A.075, and 446A.081 to apply for to finance projects 
65.16 	and the manner in which the eligible recipient will pay for its portion of the project cost. 

65.17 	Sec. 83. Minnesota Statutes 2006, section 458D.18, subdivision 9, is amended to read:
65.18 		Subd. 9.Real, personal property. The board may acquire by purchase, lease, 
65.19 	condemnation, gift, or grant, any real or personal property including positive and negative 
65.20 	easements and water and air rights, and it may construct, enlarge, improve, replace, repair, 
65.21 	maintain, and operate any interceptor, treatment works, or water facilities determined to 
65.22 	be necessary or convenient for the collection and disposal of sewage in the district. Any 
65.23 	local government unit and the commissioners of highways and natural resources are 
65.24 	authorized to convey to or permit the use of any such facilities owned or controlled by it, 
65.25 	by the board, subject to the rights of the holders of any bonds issued with respect thereto, 
65.26 	with or without compensation, without an election or approval by any other government 
65.27 	unit or agency. All powers conferred by this subdivision may be exercised both within or 
65.28 	without the district as may be necessary for the exercise by the board of its powers or the 
65.29 	accomplishments of its purposes. The board may hold, lease, convey or otherwise dispose 
65.30 	of such property for its purposes upon such terms and in such manner as it shall deem 
65.31 	advisable. Unless otherwise provided, the right to acquire lands and property rights by 
65.32 	condemnation shall be exercised in accordance with sections 117.011117.012 to 117.56, 
65.33 	and shall apply to any property or interest therein owned by any local government unit; 
66.1 	provided, that no such property devoted to an actual public use at the time, or held to 
66.2 	be devoted to such use within a reasonable time, shall be so acquired unless a court of 
66.3 	competent jurisdiction shall determine that the use proposed by the board is paramount to 
66.4 	such use. Except in case of property in actual public use, the board may take possession 
66.5 	of any property for which condemnation proceedings have been commenced at any time 
66.6 	after the issuance of a court order appointing commissioners for its condemnation. 

66.7 	Sec. 84. Minnesota Statutes 2006, section 469.153, subdivision 2, is amended to read:
66.8 		Subd. 2.Project. (a) "Project" means (1) any properties, real or personal, used 
66.9 	or useful in connection with a revenue producing enterprise, or any combination of 
66.10 	two or more such enterprises engaged or to be engaged in generating, transmitting, or 
66.11 	distributing electricity, assembling, fabricating, manufacturing, mixing, processing, 
66.12 	storing, warehousing, or distributing any products of agriculture, forestry, mining, or 
66.13 	manufacture, or in research and development activity in this field; (2) any properties, real 
66.14 	or personal, used or useful in the abatement or control of noise, air, or water pollution, or 
66.15 	in the disposal of solid wastes, in connection with a revenue producing enterprise, or any 
66.16 	combination of two or more such enterprises engaged or to be engaged in any business 
66.17 	or industry; (3) any properties, real or personal, used or useful in connection with the 
66.18 	business of telephonic communications, conducted or to be conducted by a telephone 
66.19 	company, including toll lines, poles, cables, switching, and other electronic equipment 
66.20 	and administrative, data processing, garage, and research and development facilities; 
66.21 	(4) any properties, real or personal, used or useful in connection with a district heating 
66.22 	system, consisting of the use of one or more energy conversion facilities to produce hot 
66.23 	water or steam for distribution to homes and businesses, including cogeneration facilities, 
66.24 	distribution lines, service facilities, and retrofit facilities for modifying the user's heating 
66.25 	or water system to use the heat energy converted from the steam or hot water.
66.26 	(b) "Project" also includes any properties, real or personal, used or useful in 
66.27 	connection with a revenue producing enterprise, or any combination of two or more 
66.28 	such enterprises engaged in any business.
66.29 	(c) "Project" also includes any properties, real or personal, used or useful for the 
66.30 	promotion of tourism in the state. Properties may include hotels, motels, lodges, resorts, 
66.31 	recreational facilities of the type that may be acquired under section 471.191, and related 
66.32 	facilities. 
66.33 	(d) "Project" also includes any properties, real or personal, used or useful in 
66.34 	connection with a revenue producing enterprise, whether or not operated for profit, 
67.1 	engaged in providing health care services, including hospitals, nursing homes, and related 
67.2 	medical facilities.
67.3 	(e) "Project" does not include any property to be sold or to be affixed to or consumed 
67.4 	in the production of property for sale, and does not include any housing facility to be 
67.5 	rented or used as a permanent residence.
67.6 	(f) "Project" also means the activities of any revenue producing enterprise involving 
67.7 	the construction, fabrication, sale, or leasing of equipment or products to be used in 
67.8 	gathering, processing, generating, transmitting, or distributing solar, wind, geothermal, 
67.9 	biomass, agricultural or forestry energy crops, or other alternative energy sources for 
67.10 	use by any person or any residential, commercial, industrial, or governmental entity in 
67.11 	heating, cooling, or otherwise providing energy for a facility owned or operated by that 
67.12 	person or entity.
67.13 	(g) "Project" also includes any properties, real or personal, used or useful in 
67.14 	connection with a county jail, county regional jail, community corrections facilities 
67.15 	authorized by chapter 401, or other law enforcement facilities, the plans for which are 
67.16 	approved by the commissioner of corrections; provided that the provisions of section 
67.17 	469.155, subdivisions 7 and 13, do not apply to those projects. 
67.18 	(h) "Project" also includes any real properties used or useful in furtherance of the 
67.19 	purposespurpose and policiespolicy of sections 469.135 tosection 469.141. 
67.20 	(i) "Project" also includes related facilities as defined by section 471A.02, 
67.21 	subdivision 11. 
67.22 	(j) "Project" also includes an undertaking to purchase the obligations of local 
67.23 	governments located in whole or in part within the boundaries of the municipality that are 
67.24 	issued or to be issued for public purposes.

67.25 	Sec. 85. Minnesota Statutes 2006, section 480.182, is amended to read:
67.26 	480.182 STATE ASSUMPTION OF CERTAIN COURT COSTS.
67.27 	 Notwithstanding any law to the contrary, the state courts will pay for the following 
67.28 	court-related programs and costs:
67.29 	(1) court interpreter program costs, including the costs of hiring court interpreters;
67.30 	(2) guardian ad litem program and personnel costs;
67.31 	(3) examination costs, not including hospitalization or treatment costs, for mental 
67.32 	commitments and related proceedings under chapter 253B;
67.33 	(4) examination costs under rule 20 of the Rules of Criminal Procedure;
67.34 	(5) in forma pauperis costs;
68.1 	(6) costs for transcripts mandated by statute, except in appeal cases and 
68.2 	postconviction cases handled by the Board of Public Defense; 
68.3 	(7) jury program costs; and
68.4 	(8) witness fees and mileage fees specified in sections 253B.23, subdivision 1; 
68.5 	260B.152, subdivision 2; 260C.152, subdivision 2;260B.331, subdivision 3, clause (a); 
68.6 	260C.152, subdivision 2; 260C.331, subdivision 3, clause (a); 357.24; 357.32; 525.012, 
68.7 	subdivision 5; and 627.02. 

68.8 	Sec. 86. Minnesota Statutes 2006, section 484.012, is amended to read:
68.9 	484.012 COURT ADMINISTRATOR OF PROBATE COURT, SECOND 
68.10 	JUDICIAL DISTRICT.
68.11 	Notwithstanding section 525.09 The judicial district administrator in the Second 
68.12 	Judicial District may appoint a court administrator of the Probate Court for the district 
68.13 	subject to the approval of the chief judge and assistant chief judge who shall serve at the 
68.14 	pleasure of the judges of the district, and who shall be supervised by the judicial district 
68.15 	administrator. 

68.16 	Sec. 87. Minnesota Statutes 2006, section 501B.86, subdivision 2, is amended to read:
68.17 		Subd. 2.Who may disclaim. A beneficiary may disclaim an interest in whole or in 
68.18 	part, or with reference to specific parts, shares, portions, or assets, by filing a disclaimer in 
68.19 	court in the manner provided in this section. A guardian or conservator of the estate of a 
68.20 	minor or an incapacitated person under section 525.54 sections 524.5-101 to 524.5-502, 
68.21 	the Uniform Guardianship and Protective Proceedings Act, or the personal representative 
68.22 	of the estate of a deceased beneficiary may execute and file a disclaimer on behalf of the 
68.23 	beneficiary if that representative considers it not detrimental to the best interests of the 
68.24 	beneficiary and in the best interests of those interested in the beneficiary's estate and of 
68.25 	those who take the beneficiary's interest by virtue of the disclaimer. The representative 
68.26 	may file the disclaimer with or without a court order within the time specified in 
68.27 	subdivision 3. A beneficiary may file a disclaimer by an attorney or attorney-in-fact. 

68.28 	Sec. 88. Minnesota Statutes 2006, section 508A.22, subdivision 3, is amended to read:
68.29 		Subd. 3.Fees. Upon the filing with the registrar of titles of the examiner's directive 
68.30 	pursuant to subdivision 1, there shall be paid to the registrar: (1) the fee provided by 
68.31 	section 508A.82, subdivision 1, clause (2), for registering a first CPT, and (2) the fee 
68.32 	provided by section 508.74, which shall be paid to the commissioner of finance pursuant 
68.33 	to section 508.75. 

69.1 	Sec. 89. Minnesota Statutes 2006, section 518C.310, is amended to read:
69.2 	518C.310 DUTIES OF STATE INFORMATION AGENCY.
69.3 	(a) The unit within the Department of Human Services that receives and disseminates 
69.4 	incoming interstate actions under title IV-D of the Social Security Act from section 
69.5 	518C.02, subdivision 1a, is the State Information Agency under this chapter. 
69.6 	(b) The State Information Agency shall:
69.7 	(1) compile and maintain a current list, including addresses, of the tribunals in this 
69.8 	state which have jurisdiction under this chapter and any support enforcement agencies in 
69.9 	this state and transmit a copy to the state information agency of every other state;
69.10 	(2) maintain a register of tribunals and support enforcement agencies received from 
69.11 	other states;
69.12 	(3) forward to the appropriate tribunal in the place in this state in which the 
69.13 	individual obligee or the obligor resides, or in which the obligor's property is believed to 
69.14 	be located, all documents concerning a proceeding under this chapter received from an 
69.15 	initiating tribunal or the state information agency of the initiating state; and
69.16 	(4) obtain information concerning the location of the obligor and the obligor's 
69.17 	property within this state not exempt from execution, by such means as postal verification 
69.18 	and federal or state locator services, examination of telephone directories, requests for the 
69.19 	obligor's address from employers, and examination of governmental records, including, to 
69.20 	the extent not prohibited by other law, those relating to real property, vital statistics, law 
69.21 	enforcement, taxation, motor vehicles, driver's licenses, and Social Security.

69.22 	Sec. 90. Minnesota Statutes 2006, section 550.04, is amended to read:
69.23 	550.04 EXECUTION, HOW ISSUED; CONTENTS.
69.24 	The execution shall be under the seal of the court, subscribed by the court 
69.25 	administrator, directed to the sheriff, or to the coroner, if the sheriff be a party or 
69.26 	interested, or to the judgment creditor or the judgment creditor's attorney, if issued under 
69.27 	section 550.041 chapter 551, and endorsed by the party applying therefor or the party's 
69.28 	attorney. It shall refer intelligibly to the judgment, stating the court, the county where the 
69.29 	judgment roll or transcript is filed, the names of the parties, the amount of the judgment, 
69.30 	if it be for money, the amount actually due thereon, together with accrued interest to the 
69.31 	date of issuance and the amount of daily interest accruing during the calendar year, and 
69.32 	the time of docketing in the county to which the execution is issued. When issued to the 
69.33 	sheriff or coroner, it shall require the officer substantially as follows: 
69.34 	(1) if it be against the property of the judgment debtor, to satisfy the judgment, with 
69.35 	interest, out of the debtor's personal property, and, if sufficient personal property cannot be 
70.1 	found, out of the real property belonging to the debtor on the day when the judgment was 
70.2 	docketed in the county, or at any time thereafter not exceeding ten years;
70.3 	(2) if real property has been attached, and judgment rendered in favor of the plaintiff 
70.4 	in the same action, the execution thereon may also direct a sale of all the property which 
70.5 	the defendant had in such real estate at the time it was so attached, or at any time after 
70.6 	entry of judgment not exceeding ten years; in such case, if after the attachment the 
70.7 	judgment creditor has paid taxes on the real property and filed with the court administrator 
70.8 	the tax receipt, it shall be attached to the judgment roll, and the execution shall also state 
70.9 	that it has been filed, and the date and amount thereof, and the date of filing; and, if the 
70.10 	property be sold under the execution, the proceeds, after deducting the expenses of sale, 
70.11 	shall be first applied to the payment of the amount so paid for taxes, with interest;
70.12 	(3) if it be against real or personal property in the hands of personal representatives, 
70.13 	heirs, devisees, legatees, trustees, or tenants of real property, it shall require the officer to 
70.14 	satisfy the judgment, with interest, out of such property;
70.15 	(4) if it be against defendants jointly indebted on a contract, a part of whom only 
70.16 	have been summoned in the action, it shall issue in form against all; but the party causing 
70.17 	it to be issued, or the party's attorney, shall endorse thereon the names of those defendants 
70.18 	who have not been summoned, and it shall not be levied upon the sole property of any 
70.19 	such defendant; but it may be levied upon the personal property owned by such defendant 
70.20 	as a partner with any or all of the other defendants;
70.21 	(5) if it be for delivery of the possession of real or personal property, it shall require 
70.22 	the officer to deliver possession of the same, particularly describing it, to the party entitled 
70.23 	thereto; and it may, at the same time, require the officer to satisfy, out of the personal 
70.24 	property of the party against whom the judgment was rendered, any costs, charges, 
70.25 	damages, rents, or profits recovered thereby, and the value of the property for which the 
70.26 	judgment was recovered, to be specified therein, if a delivery thereof cannot be had; and if 
70.27 	sufficient personal property cannot be found, then out of the real property, as provided in 
70.28 	clause (1), and in that respect it shall be deemed an execution against property.

70.29 	Sec. 91. Minnesota Statutes 2006, section 609.101, subdivision 3, is amended to read:
70.30 		Subd. 3.Controlled substance offenses; minimum fines. (a) Notwithstanding any 
70.31 	other law, when a court sentences a person convicted of a controlled substance crime 
70.32 	under sections 152.021 to 152.025 and 152.0262, it must impose a fine of not less than 
70.33 	30 percent of the maximum fine authorized by law nor more than the maximum fine 
70.34 	authorized by law.
71.1 	(b) The minimum fine required by this subdivision is in addition to the surcharge or 
71.2 	assessment required by section 357.021, subdivision 6, and is in addition to any sentence 
71.3 	of imprisonment or restitution imposed or ordered by the court.
71.4 	(c) The court shall collect the fine mandated by this subdivision and forward 70 
71.5 	percent of it to a local drug abuse prevention program existing or being implemented in 
71.6 	the county in which the crime was committed. The court shall forward the remaining 30 
71.7 	percent to the commissioner of finance to be credited to the general fund. If more than one 
71.8 	drug abuse prevention program serves the county in which the crime was committed, the 
71.9 	court may designate on a case-by-case basis which program will receive the fine proceeds, 
71.10 	giving consideration to the community in which the crime was committed, the funding 
71.11 	needs of the program, the number of peace officers in each community certified to teach 
71.12 	the program, and the number of children served by the program in each community. If 
71.13 	no drug abuse prevention program serves communities in that county, the court shall 
71.14 	forward 100 percent of the fine proceeds to the commissioner of finance to be credited 
71.15 	to the general fund.
71.16 	(d) The minimum fines required by this subdivision shall be collected as are other 
71.17 	fines. Fine proceeds received by a local drug abuse prevention program must be used to 
71.18 	support that program, and may be used for salaries of peace officers certified to teach 
71.19 	the program. The drug abuse resistance education program must report receipt and use 
71.20 	of money generated under this subdivision as prescribed by the Drug Abuse Resistance 
71.21 	Education Advisory Council.
71.22 	(e) As used in this subdivision, "drug abuse prevention program" and "program" 
71.23 	include:
71.24 	(1) the drug abuse resistance education program described in sections section
71.25 	299A.33and 299A.331; and
71.26 	(2) any similar drug abuse education and prevention program that includes the 
71.27 	following components:
71.28 	(A) instruction for students enrolled in kindergarten through grade six that is 
71.29 	designed to teach students to recognize and resist pressures to experiment with controlled 
71.30 	substances and alcohol;
71.31 	(B) provisions for parental involvement;
71.32 	(C) classroom instruction by uniformed law enforcement personnel;
71.33 	(D) the use of positive student leaders to influence younger students not to use 
71.34 	drugs; and
71.35 	(E) an emphasis on activity-oriented techniques designed to encourage 
71.36 	student-generated responses to problem-solving situations.

72.1 	Sec. 92. Minnesota Statutes 2006, section 609.75, subdivision 1, is amended to read:
72.2 		Subdivision 1.Lottery. (a) A lottery is a plan which provides for the distribution 
72.3 	of money, property or other reward or benefit to persons selected by chance from among 
72.4 	participants some or all of whom have given a consideration for the chance of being 
72.5 	selected. A participant's payment for use of a 900 telephone number or another means of 
72.6 	communication that results in payment to the sponsor of the plan constitutes consideration 
72.7 	under this paragraph.
72.8 	(b) An in-package chance promotion is not a lottery if all of the following are met:
72.9 	(1) participation is available, free and without purchase of the package, from the 
72.10 	retailer or by mail or toll-free telephone request to the sponsor for entry or for a game piece;
72.11 	(2) the label of the promotional package and any related advertising clearly states 
72.12 	any method of participation and the scheduled termination date of the promotion;
72.13 	(3) the sponsor on request provides a retailer with a supply of entry forms or game 
72.14 	pieces adequate to permit free participation in the promotion by the retailer's customers;
72.15 	(4) the sponsor does not misrepresent a participant's chances of winning any prize;
72.16 	(5) the sponsor randomly distributes all game pieces and maintains records of 
72.17 	random distribution for at least one year after the termination date of the promotion;
72.18 	(6) all prizes are randomly awarded if game pieces are not used in the promotion; and
72.19 	(7) the sponsor provides on request of a state agency a record of the names and 
72.20 	addresses of all winners of prizes valued at $100 or more, if the request is made within 
72.21 	one year after the termination date of the promotion.
72.22 	(c) Except as provided by section 349.40, acts in this state in furtherance of a lottery 
72.23 	conducted outside of this state are included notwithstanding its validity where conducted.
72.24 	(d) The distribution of property, or other reward or benefit by an employer to persons 
72.25 	selected by chance from among participants, all of whom:
72.26 	(1) have made a contribution through a payroll or pension deduction campaign to 
72.27 	a registered combined charitable organization, within the meaning of section 309.501
72.28 	43A.50; or
72.29 	(2) have paid other consideration to the employer entirely for the benefit of such 
72.30 	a registered combined charitable organization, as a precondition to the chance of being 
72.31 	selected, is not a lottery if:
72.32 	(i) all of the persons eligible to be selected are employed by or retirees of the 
72.33 	employer; and
72.34 	(ii) the cost of the property or other reward or benefit distributed and all costs 
72.35 	associated with the distribution are borne by the employer.

73.1 	Sec. 93. Minnesota Statutes 2006, section 611.272, is amended to read:
73.2 	611.272 ACCESS TO GOVERNMENT DATA.
73.3 	The district public defender, the state public defender, or an attorney working for 
73.4 	a public defense corporation under section 611.216 has access to the criminal justice 
73.5 	data communications network described in section 299C.46, as provided in this section. 
73.6 	Access to data under this section is limited to data necessary to prepare criminal cases in 
73.7 	which the public defender has been appointed as follows:
73.8 	(1) access to data about witnesses in a criminal case shall be limited to records of 
73.9 	criminal convictions; and
73.10 	(2) access to data regarding the public defender's own client which includes, but 
73.11 	is not limited to, criminal history data under section 13.87; juvenile offender data under 
73.12 	section 299C.095; warrant information data under section 299C.115; incarceration data 
73.13 	under section 299C.14; conditional release data under section 299C.147 241.065; and 
73.14 	diversion program data under section 299C.46, subdivision 5.
73.15 	The public defender has access to data under this section, whether accessed via CriMNet 
73.16 	or other methods. The public defender does not have access to law enforcement active 
73.17 	investigative data under section 13.82, subdivision 7; data protected under section 13.82, 
73.18 	subdivision 17; confidential arrest warrant indices data under section 13.82, subdivision 
73.19 	19; or data systems maintained by a prosecuting attorney. The public defender has access 
73.20 	to the data at no charge, except for the monthly network access charge under section 
73.21 	299C.46, subdivision 3, paragraph (b), and a reasonable installation charge for a terminal. 
73.22 	Notwithstanding section 13.87, subdivision 3; 299C.46, subdivision 3, paragraph (b); 
73.23 	299C.48, or any other law to the contrary, there shall be no charge to public defenders for 
73.24 	Internet access to the criminal justice data communications network.

73.25 	Sec. 94. REVISOR'S INSTRUCTION; CROSS REFERENCE.
 73.26 	In Minnesota Statutes, the revisor of statutes shall delete the range reference 
73.27 	"sections 115.41 to 115.54" and insert "sections 115.41 to 115.53."

73.28 	Sec. 95. REVISOR'S INSTRUCTION; "SERVICEMEMBERS CIVIL RELIEF 
73.29 	ACT."
 73.30 	In Minnesota Statutes, sections 281.273; 281.274; 281.275; 281.277; and 580.15, 
73.31 	the revisor shall change the term "Soldiers' and Sailors' Civil Relief Act of 1940" to 
73.32 	"Servicemembers Civil Relief Act." In Minnesota Statutes, section 190.055, the revisor 
73.33 	shall change the term "Service Members Civil Relief Act" to "Servicemembers Civil 
74.1 	Relief Act." In Minnesota Statutes, section 290.01, subdivision 19b, the revisor shall 
74.2 	change the term "Service Member Civil Relief Act" to "Servicemembers Civil Relief Act."

74.3 	Sec. 96.  REPEALERS; OBSOLETE PROVISIONS; STATUTORY CONFLICTS.
 74.4 		Subdivision 1.Disposal of diseased animals. Minnesota Statutes 2006, sections 
74.5 	35.701; and 35.96, subdivision 5, are repealed.
74.6 		Subd. 2.Consumer Advisory Board. Minnesota Statutes 2006, section 62Q.64, is 
74.7 	repealed.
74.8 		Subd. 3.Housing authority exemption; energy planning. Minnesota Statutes 
74.9 	2006, section 216C.30, subdivision 4, is repealed.
74.10 		Subd. 4.Advisory council definition. Minnesota Statutes 2006, section 256E.21, 
74.11 	subdivision 3, is repealed.
74.12 		Subd. 5.Liquor sales tax. Minnesota Statutes 2006, section 289A.11, subdivision 
74.13 	2, is repealed.
74.14 		Subd. 6.County morgue costs. Minnesota Statutes 2006, section 383D.47, is 
74.15 	repealed.
74.16 		Subd. 7.New airport planning. Minnesota Statutes 2006, section 473.1551, 
74.17 	subdivision 1, is repealed.
74.18 		Subd. 8.Baseball park preliminary planning. Minnesota Statutes 2006, section 
74.19 	473.553, subdivision 14, is repealed.
74.20 		Subd. 9.New airport planning. Minnesota Statutes 2006, section 473.616, is 
74.21 	repealed.
74.22 		Subd. 10.1991 district court terms. Minnesota Statutes 2006, section 484.69, 
74.23 	subdivision 1a, is repealed.
74.24 		Subd. 11.Probate record retention. Minnesota Statutes 2006, section 525.091, 
74.25 	subdivision 2, is repealed.
74.26 		Subd. 12.Annexation time limit. Laws 2006, chapter 270, article 2, section 13, is 
74.27 	repealed.
74.28 		Subd. 13.Limited liability companies. Laws 2007, chapter 128, article 6, section 
74.29 	16, is repealed.
74.30 		Subd. 14.Teacher retirement. Laws 2007, chapter 134, article 1, section 8, is 
74.31 	repealed.
74.32 		Subd. 15.Child welfare policy. Laws 2007, chapter 147, article 1, section 32, is 
74.33 	repealed.

75.1 	ARTICLE 2
75.2 	DATA PRACTICES

75.3 	Section 1. Minnesota Statutes 2006, section 13.202, subdivision 3, is amended to read:
75.4 		Subd. 3.Hennepin County. (a) Records of closed county board meetings.
75.5 	Records of Hennepin County board meetings permitted to be closed under section 
75.6 	383B.217, subdivision 7, are classified under that subdivision. 
75.7 	(b)  Medical examiner investigations. Certain data on deceased persons collected or 
75.8 	created by the Hennepin County medical examiner are classified under section 383B.225. 

75.9 	Sec. 2. Minnesota Statutes 2006, section 13.322, subdivision 1, is amended to read:
75.10 		Subdivision 1.Scope. The sections referred to in subdivisions 2 to 4 this section are 
75.11 	codified outside this chapter. Those sections classify higher education data as other than 
75.12 	public, place restrictions on access to government data, or involve data sharing.

75.13 	Sec. 3. Minnesota Statutes 2006, section 13.3806, subdivision 1, is amended to read:
75.14 		Subdivision 1.Scope. The sections referred to in subdivisions 2 to 20 this section
75.15 	are codified outside this chapter. Those sections classify data on public health as other 
75.16 	than public, place restrictions on access to government data, or involve data sharing.

75.17 	Sec. 4. Minnesota Statutes 2006, section 13.635, subdivision 1, is amended to read:
75.18 		Subdivision 1.Scope. The sections referred to in subdivisions 2 to 4 this section
75.19 	are codified outside this chapter. Those sections classify state agency data as other than 
75.20 	public, place restrictions on access to government data, or involve data sharing.

75.21 	Sec. 5. Minnesota Statutes 2006, section 13.681, subdivision 1, is amended to read:
75.22 		Subdivision 1.Scope. The sections referred to in subdivisions 2 to 4this section are 
75.23 	codified outside this chapter. Those sections classify certain energy or utility data as other 
75.24 	than public, place restrictions on access to government data, or involve data sharing.

75.25 	Sec. 6. Minnesota Statutes 2006, section 13.712, subdivision 1, is amended to read:
75.26 		Subdivision 1.Scope. The sections referred to in subdivision 2 this section are 
75.27 	codified outside chapter 13. Those sections classify Department of Commerce data as 
75.28 	other than public, place restrictions on access to government data, or involve data sharing.

75.29 	Sec. 7. Minnesota Statutes 2006, section 13.83, subdivision 10, is amended to read:
76.1 		Subd. 10.Classification of certain medical examiner and coroner data. Data 
76.2 	described in sections 383B.225, subdivision 6,390.11, subdivision 7, and 390.32, 
76.3 	subdivision 6, shall be classified as described therein. 

76.4 	Sec. 8. Minnesota Statutes 2006, section 13.871, subdivision 1, is amended to read:
76.5 		Subdivision 1.Scope. The sections referred to in subdivisions 2 to 8 this section are 
76.6 	codified outside this chapter. Those sections classify criminal justice data as other than 
76.7 	public, place restrictions on access to government data, or involve data sharing.

76.8 	Sec. 9. Minnesota Statutes 2006, section 13.871, subdivision 6, is amended to read:
76.9 		Subd. 6.Training; investigation; apprehension; reports. (a) Reports of gunshot 
76.10 	wounds. Disclosure of the name of a person making a report under section 626.52, 
76.11 	subdivision 2, is governed by section 626.53. 
76.12 	(b)  Child abuse report records. Data contained in child abuse report records are 
76.13 	classified under section 626.556. 
76.14 	(c)  Interstate data exchange. Disclosure of child abuse reports to agencies of 
76.15 	another state is classified under section 626.556, subdivision 10g. 
76.16 	(d)  Release to family court services. Release of child abuse data to a court services 
76.17 	agency is authorized under section 626.556, subdivision 10h. 
76.18 	(e)  Release of data to mandated reporters. Release of child abuse data to mandated 
76.19 	reporters who have an ongoing responsibility for the health, education, or welfare of a 
76.20 	child affected by the data is authorized under section 626.556, subdivision 10j. 
76.21 	(f)  Release of child abuse investigative records to other counties. Release of 
76.22 	child abuse investigative records to local welfare agencies is authorized under section 
76.23 	626.556, subdivision 10k. 
76.24 	(g)  Classifying and sharing records and reports of child abuse. The classification 
76.25 	of child abuse data and the sharing of records and reports of child abuse by and between 
76.26 	local welfare agencies and law enforcement agencies are governed under section 626.556, 
76.27 	subdivision 11. 
76.28 	(h)  Disclosure of information not required in certain cases. Disclosure of certain 
76.29 	data obtained from interviewing a minor is governed by section 626.556, subdivision 11a. 
76.30 	(i)  Data received from law enforcement. Classifying child abuse data received 
76.31 	by certain agencies from law enforcement agencies is governed under section 626.556, 
76.32 	subdivision 11b. 
76.33 	(j)  Disclosure in child fatality cases. Disclosure of information relating to a child 
76.34 	fatality is governed under section 626.556, subdivision 11d. 
77.1 	(k)  Reports of alcohol abuse prenatal exposure to controlled substances. Data 
77.2 	on persons making reports under section 626.5563 626.5561 are classified under section 
77.3 	626.5563 626.5561, subdivision 5 3. 
77.4 	(l)  Vulnerable adult report records. Data contained in vulnerable adult report 
77.5 	records are classified under section 626.557, subdivision 12b. 
77.6 	(m)  Adult protection team information sharing. Sharing of local welfare agency 
77.7 	vulnerable adult data with a protection team is governed by section 626.5571, subdivision 
77.8 	3. 
77.9 	(n)  Child protection team. Data acquired by a case consultation committee or 
77.10 	subcommittee of a child protection team are classified by section 626.558, subdivision 3. 
77.11 	(o)  Child maltreatment reports peer review panel. Sharing data of cases reviewed 
77.12 	by the panel is governed under section 626.5593, subdivision 2. 
77.13 	(p)  Peace officer discipline procedures. Access by an officer under investigation 
77.14 	to the investigating agency's investigative report on the officer is governed by section 
77.15 	626.89, subdivision 6. 
77.16 	(q)  Racial profiling study data. Racial profiling study data is governed by section 
77.17 	626.951. 

77.18 	ARTICLE 3
77.19 	CLEAN WATER REVOLVING FUND

77.20 	Section 1. Minnesota Statutes 2006, section 17.117, subdivision 3, is amended to read:
77.21 		Subd. 3.Appropriations. Up to $140,000,000 of the balance in the water pollution 
77.22 	control clean water revolving fund in section 446A.07, as determined by the Public 
77.23 	Facilities Authority, is appropriated to the commissioner for the establishment of this 
77.24 	program. In addition, the commissioner may receive appropriations from the legislature 
77.25 	and grants or funds from other sources for implementation of the program. 

77.26 	Sec. 2. Minnesota Statutes 2006, section 103F.725, subdivision 1a, is amended to read:
77.27 		Subd. 1a.Financial assistance; loans. (a) Up to $36,000,000 of the balance in the 
77.28 	water pollution controlclean water revolving fund in section 446A.07, as determined by 
77.29 	the Public Facilities Authority, may be provided to the commissioner for the establishment 
77.30 	of a clean water partnership loan program. 
77.31 	(b) The agency may award loans for up to 100 percent of the costs associated with 
77.32 	activities identified by the agency as best management practices pursuant to section 
77.33 	319 and section 320 of the federal Water Quality Act of 1987, as amended, including 
77.34 	associated administrative costs.
78.1 	(c) Loans may be used to finance clean water partnership grant project eligible costs 
78.2 	not funded by grant assistance.
78.3 	(d) The interest rate, at or below market rate, and the term, not to exceed 20 years, 
78.4 	shall be determined by the agency in consultation with the Public Facilities Authority.
78.5 	(e) The repayment must be deposited in the water pollution control clean water
78.6 	revolving fund under section 446A.07. 
78.7 	(f) The local unit of government receiving the loan is responsible for repayment of 
78.8 	the loan.
78.9 	(g) For the purpose of obtaining a loan from the agency, a local government unit 
78.10 	may provide to the agency its general obligation note. All obligations incurred by a local 
78.11 	government unit in obtaining a loan from the agency must be in accordance with chapter 
78.12 	475, except that so long as the obligations are issued to evidence a loan from the agency 
78.13 	to the local government unit, an election is not required to authorize the obligations 
78.14 	issued, and the amount of the obligations shall not be included in determining the net 
78.15 	indebtedness of the local government unit under the provisions of any law or chapter 
78.16 	limiting the indebtedness.

78.17 	Sec. 3. Minnesota Statutes 2007 Supplement, section 446A.072, subdivision 5a, 
78.18 	is amended to read:
78.19 		Subd. 5a.Type and amount of assistance. (a) For a  governmental unit receiving 
78.20 	grant funding from the USDA/RECD, the authority shall provide assistance in the form 
78.21 	of a grant of up to one-half of the eligible grant amount determined by USDA/RECD. A 
78.22 	governmental unit may not receive a grant under this paragraph for more than $4,000,000 
78.23 	or $15,000 per existing connection, whichever is less, unless specifically approved by 
78.24 	law. In the case of a sanitary district or other multijurisdictional project for which the 
78.25 	USDA/RECD is unable to fully fund up to one-half of the eligible grant amount, the 
78.26 	authority may provide up to an additional $1,000,000 for each additional governmental 
78.27 	unit participating up to a maximum of $8,000,000 or $15,000 per existing connection, 
78.28 	whichever is less, but not to exceed the maximum grant level determined by the 
78.29 	USDA/RECD as needed to keep the project affordable.
78.30 	(b) For a governmental unit not receiving grant funding from the USDA/RECD, 
78.31 	the authority shall provide assistance in the form of a loan for the eligible project costs 
78.32 	that exceed five percent of the market value of properties in the project service area, 
78.33 	less the amount of any other grant funding received by the governmental unit for the 
78.34 	project. A governmental unit may not receive a loan under this paragraph for more than 
78.35 	$4,000,000 or $15,000 per existing connection, whichever is less, unless specifically 
79.1 	approved by law. In the case of a sanitary district or other multijurisdictional project, the 
79.2 	authority may provide a loan under this paragraph for up to an additional $1,000,000 for 
79.3 	each additional municipality participating up to a maximum of $8,000,000 or $15,000 
79.4 	per existing connection, whichever is less, unless specifically approved by law. A loan 
79.5 	under this paragraph must bear no interest, must be repaid as provided in subdivision 7, 
79.6 	and must only be provided in conjunction with a loan from the clean water revolving fund 
79.7 	under section 446A.07. 
79.8 	(c) Notwithstanding the limits in paragraphs (a) and (b), for a governmental unit 
79.9 	receiving supplemental assistance under this section after January 1, 2002, if the authority 
79.10 	determines that the  governmental unit's construction and installation costs are significantly 
79.11 	increased due to geological conditions of crystalline bedrock or karst areas and discharge 
79.12 	limits that are more stringent than secondary treatment, the authority shall provide 
79.13 	assistance in the form of half grant and half loan. Assistance from the authority may not 
79.14 	be more than $25,000 per existing connection. Any additional grant amount received 
79.15 	for the same project must be used to reduce the amount of the governmental unit's loan 
79.16 	from the water pollution controlclean water revolving fund that exceeds five percent of 
79.17 	the market value of properties in the project service area.

79.18 	Sec. 4. REVISOR'S INSTRUCTION; CLEAN WATER REVOLVING FUND.
 79.19 	The revisor shall make the following changes in Minnesota Rules, chapters 4309, 
79.20 	7076, and 7380: substitute "clean water revolving fund" for "water pollution control 
79.21 	revolving fund."

79.22 	ARTICLE 4
79.23 	COLLATERAL SANCTION CROSS-REFERENCES

79.24 	Section 1. Minnesota Statutes 2006, section 609B.121, is amended to read:
79.25 	609B.121 CHILD ABUSE, SEXUAL ABUSE, OR SIMILAR CONVICTION; 
79.26 	REVOCATION OR DENIAL OF TEACHER'S LICENSE.
79.27 	Under section 122A.20 or any similar law of another state or the United States, a 
79.28 	person convicted of child abuse or sexual abuse, using minors in a sexual performance, 
79.29 	or possessing pornographic works involving a minor shall have the person's teaching 
79.30 	license revoked.

80.1 	Sec. 2. Minnesota Statutes 2006, section 609B.164, is amended to read:
80.2 	609B.164 INDIVIDUAL COLLECTOR REGISTRATION; PRIOR 
80.3 	CONVICTIONS AS DISQUALIFICATION.
80.4 	Under section 332.25 332.35, a license shall not be issued to, and registration shall 
80.5 	not be accepted for, any person, firm, corporation, or association, or any officers, which, 
80.6 	within the past five years, have been convicted in any court of fraud or any felony.

80.7 	Sec. 3. Minnesota Statutes 2006, section 609B.265, subdivision 3, is amended to read:
80.8 		Subd. 3.No issuance. Under section 171.055, subdivision 2, paragraph (b) (c), 
80.9 	if a holder of a provisional license during the period of provisional licensing incurs a 
80.10 	conviction of an offense specified in that paragraph, then that person may not be issued a 
80.11 	driver's license until 12 consecutive months have expired since the date of the conviction 
80.12 	or until the person reaches the age of 18 years, whichever occurs first.

80.13 	Sec. 4. [609B.430] MEDICAL ASSISTANCE; INCARCERATION; 
80.14 	ELIGIBILITY.
80.15 	A person who is enrolled in medical assistance and incarcerated for less than 12 
80.16 	months is suspended from the program under section 256B.055, subdivision 14, paragraph 
80.17 	(b), from the time of incarceration until release.

80.18 	Sec. 5. Minnesota Statutes 2006, section 609B.515, is amended to read:
80.19 	609B.515 DWI; VEHICLE FORFEITURE.
80.20 	Under section 169A.63, a motor vehicle is subject to forfeiture if a driver is 
80.21 	convicted of a "designated offense," as defined in 169A.65 section 169A.63, subdivision 1.
80.22 	Section 169A.63, subdivision 7, specifies limitations on vehicle forfeiture. Section 
80.23 	169A.63, subdivisions 8 and 9, provide for administrative forfeiture procedure and judicial 
80.24 	forfeiture procedure. Section 169A.63, subdivisions 10 and 11, provide for disposition of 
80.25 	a forfeited vehicle.

80.26 	ARTICLE 5
80.27 	PUBLICATION CORRECTION

80.28 	Section 1. Laws 2007, chapter 147, article 19, section 3, subdivision 4, is amended to 
80.29 	read:

80.30
80.31	Subd. 4. Children and Economic Assistance 
Grants 
 					
81.1 	The amounts that may be spent from this 
81.2 	appropriation for each purpose are as follows: 

81.3	(a) MFIP/DWP Grants 

81.4	Appropriations by Fund 
	
81.5	General 
	62,069,000 
	62,405,000 
	
81.6	Federal TANF 
	75,904,000 
	80,841,000 

81.7	(b) Support Services Grants 

81.8	Appropriations by Fund 
	
81.9	General 
	8,715,000 
	8,715,000 
	
81.10	Federal TANF 
	113,429,000 
	115,902,000 
	
81.11 	TANF Prior Appropriation Cancellation.
81.12 	Notwithstanding Laws 2001, First Special 
81.13 	Session chapter 9, article 17, section 
81.14 	2, subdivision 11, paragraph (b), any 
81.15 	unexpended TANF funds appropriated to the 
81.16 	commissioner to contract with the Board of 
81.17 	Trustees of Minnesota State Colleges and 
81.18 	Universities, to provide tuition waivers to 
81.19 	employees of health care and human service 
81.20 	providers that are members of qualifying 
81.21 	consortia operating under Minnesota 
81.22 	Statutes, sections 116L.10 to 116L.15, must 
81.23 	cancel at the end of fiscal year 2007. 
81.24 	MFIP Pilot Program. Of the TANF 
81.25 	appropriation, $100,000 in fiscal year 2008 
81.26 	and $750,000 in fiscal year 2009 are for a 
81.27 	grant to the Stearns-Benton Employment and 
81.28 	Training Council for the Workforce U pilot 
81.29 	program. Base level funding for this program 
81.30 	shall be $750,000 in 2010 and $0 in 2011. 
81.31 	Supported Work. (1) Of the TANF 
81.32 	appropriation, $5,468,000 in fiscal year 
81.33 	2008 and $7,291,000 in fiscal year 
81.34 	2009 are for supported work for MFIP 
81.35 	participants, to be allocated to counties 
82.1 	and tribes based on the criteria under 
82.2 	clauses (2) and (3). Paid transitional work 
82.3 	experience and other supported employment 
82.4 	under this rider provides a continuum of 
82.5 	employment assistance, including outreach 
82.6 	and recruitment, program orientation 
82.7 	and intake, testing and assessment, job 
82.8 	development and marketing, preworksite 
82.9 	training, supported worksite experience, job 
82.10 	coaching, and postplacement follow-up, in 
82.11 	addition to extensive case management and 
82.12 	referral services. * (The preceding text "and 
82.13 	$7,291,000 in fiscal year 2009" was indicated 
82.14 	as vetoed by the governor.) 
82.15 	(2) A county or tribe is eligible to receive an 
82.16 	allocation under this rider if: 
82.17 	(i) the county or tribe is not meeting the 
82.18 	federal work participation rate; 
82.19 	(ii) the county or tribe has participants who 
82.20 	are required to perform work activities under 
82.21 	Minnesota Statutes, chapter 256J, but are not 
82.22 	meeting hourly work requirements; and 
82.23 	(iii) the county or tribe has assessed 
82.24 	participants who have completed six weeks 
82.25 	of job search or are required to perform 
82.26 	work activities and are not meeting the 
82.27 	hourly requirements, and the county or tribe 
82.28 	has determined that the participant would 
82.29 	benefit from working in a supported work 
82.30 	environment. 
82.31 	(3) A county or tribe may also be eligible for 
82.32 	funds in order to contract for supplemental 
82.33 	hours of paid work at the participant's child's 
82.34 	place of education, child care location, or the 
82.35 	child's physical or mental health treatment 
83.1 	facility or office. This grant to counties and 
83.2 	tribes is specifically for MFIP participants 
83.3 	who need to work up to five hours more 
83.4 	per week in order to meet the hourly work 
83.5 	requirement, and the participant's employer 
83.6 	cannot or will not offer more hours to the 
83.7 	participant. 
83.8 	Work Study. Of the TANF appropriation, 
83.9 	$750,000 each year are to the commissioner 
83.10 	to contract with the Minnesota Office of 
83.11 	Higher Education for the biennium beginning 
83.12 	July 1, 2007, for work study grants under 
83.13 	Minnesota Statutes, section 136A.233, 
83.14 	specifically for low-income individuals who 
83.15 	receive assistance under Minnesota Statutes, 
83.16 	chapter 256J, and for grants to opportunities 
83.17 	industrialization centers. * (The preceding 
83.18 	text beginning "Work Study. Of the TANF 
83.19 	appropriation," was indicated as vetoed by 
83.20 	the governor.) 
83.21 	Integrated Service Projects. $2,500,000 
83.22 	in fiscal year 2008 and $2,500,000 in fiscal 
83.23 	year 2009 are appropriated from the TANF 
83.24 	fund to the commissioner to continue to 
83.25 	fund the existing integrated services projects 
83.26 	for MFIP families, and if funding allows, 
83.27 	additional similar projects. 
83.28 	Base Adjustment. The TANF base for fiscal 
83.29 	year 2010 is $115,902,000 and for fiscal year 
83.30 	2011 is $115,152,000. 

83.31	(c) MFIP Child Care Assistance Grants 

83.32	General 
	74,654,000 
	71,951,000 

83.33
83.34	(d) Basic Sliding Fee Child Care Assistance 
Grants 

83.35	General 
	42,995,000 
	45,008,000 
	
84.1 	Base Adjustment. The general fund base 
84.2 	is $44,881,000 for fiscal year 2010 and 
84.3 	$44,852,000 for fiscal year 2011. 
84.4 	At-Home Infant Care Program. No 
84.5 	funding shall be allocated to or spent on 
84.6 	the at-home infant care program under 
84.7 	Minnesota Statutes, section 119B.035. 

84.8	(e) Child Care Development Grants 

84.9	General 
	4,390,000 
	6,390,000 
	
84.10 	Prekindergarten Exploratory Projects. Of 
84.11 	the general fund appropriation, $2,000,000 
84.12 	the first year and $4,000,000 the second 
84.13 	year are for grants to the city of St. Paul, 
84.14 	Hennepin County, and Blue Earth County to 
84.15 	establish scholarship demonstration projects 
84.16 	to be conducted in partnership with the 
84.17 	Minnesota Early Learning Foundation to 
84.18 	promote children's school readiness. This 
84.19 	appropriation is available until June 30, 2009. 
84.20 	Child Care Services Grants. Of this 
84.21 	appropriation, $500,000 $250,000 each year 
84.22 	are for the purpose of providing child care 
84.23 	services grants under Minnesota Statutes, 
84.24 	section 119B.21, subdivision 5. This 
84.25 	appropriation is for the 2008-2009 biennium 
84.26 	only, and does not increase the base funding. 
84.27 	Early Childhood Professional 
84.28 	Development System. Of this appropriation, 
84.29 	$500,000 $250,000 each year are for 
84.30 	purposes of the early childhood professional 
84.31 	development system, which increases the 
84.32 	quality and continuum of professional 
84.33 	development opportunities for child care 
84.34 	practitioners. This appropriation is for the 
85.1 	2008-2009 biennium only, and does not 
85.2 	increase the base funding. 
85.3 	Base Adjustment. The general fund base 
85.4 	is $1,515,000 for each of fiscal years 2010 
85.5 	and 2011. 

85.6	(f) Child Support Enforcement Grants 

85.7	General 
	11,038,000 
	3,705,000 
	
85.8 	Child Support Enforcement. $7,333,000 
85.9 	for fiscal year 2008 is to make grants to 
85.10 	counties for child support enforcement 
85.11 	programs to make up for the loss under the 
85.12 	2005 federal Deficit Reduction Act of federal 
85.13 	matching funds for federal incentive funds 
85.14 	passed on to the counties by the state. 
85.15 	This appropriation is available until June 30, 
85.16 	2009. 

85.17	(g) Children's Services Grants 

85.18	Appropriations by Fund 
	
85.19	General 
	63,647,000 
	71,147,000 
	
85.20	Health Care Access 
	250,000 
	-0- 
	
85.21	TANF 
	240,000 
	340,000 
	
85.22 	Grants for Programs Serving Young 
85.23 	Parents. Of the TANF fund appropriation, 
85.24 	$140,000 each year is for a grant to a program 
85.25 	or programs that provide comprehensive 
85.26 	services through a private, nonprofit agency 
85.27 	to young parents in Hennepin County who 
85.28 	have dropped out of school and are receiving 
85.29 	public assistance. The program administrator 
85.30 	shall report annually to the commissioner on 
85.31 	skills development, education, job training, 
85.32 	and job placement outcomes for program 
85.33 	participants. 
86.1 	County Allocations for Rate Increases.
86.2 	County Children and Community Services 
86.3 	Act allocations shall be increased by 
86.4 	$197,000 effective October 1, 2007, and 
86.5 	$696,000 effective October 1, 2008, to help 
86.6 	counties pay for the rate adjustments to 
86.7 	day training and habilitation providers for 
86.8 	participants paid by county social service 
86.9 	funds. Notwithstanding the provisions of 
86.10 	Minnesota Statutes, section 256M.40, the 
86.11 	allocation to a county shall be based on 
86.12 	the county's proportion of social services 
86.13 	spending for day training and habilitation 
86.14 	services as determined in the most recent 
86.15 	social services expenditure and grant 
86.16 	reconciliation report. 
86.17 	Privatized Adoption Grants. Federal 
86.18 	reimbursement for privatized adoption grant 
86.19 	and foster care recruitment grant expenditures 
86.20 	is appropriated to the commissioner for 
86.21 	adoption grants and foster care and adoption 
86.22 	administrative purposes. 
86.23 	Adoption Assistance Incentive Grants.
86.24 	Federal funds available during fiscal year 
86.25 	2008 and fiscal year 2009 for the adoption 
86.26 	incentive grants are appropriated to the 
86.27 	commissioner for these purposes. 
86.28 	Adoption Assistance and Relative Custody 
86.29 	Assistance. The commissioner may transfer 
86.30 	unencumbered appropriation balances for 
86.31 	adoption assistance and relative custody 
86.32 	assistance between fiscal years and between 
86.33 	programs. 
86.34 	Children's Mental Health Grants. Of the 
86.35 	general fund appropriation, $5,913,000 in 
87.1 	fiscal year 2008 and $6,825,000 in fiscal year 
87.2 	2009 are for children's mental health grants. 
87.3 	The purpose of these grants is to increase and 
87.4 	maintain the state's children's mental health 
87.5 	service capacity, especially for school-based 
87.6 	mental health services. The commissioner 
87.7 	shall require grantees to utilize all available 
87.8 	third party reimbursement sources as a 
87.9 	condition of using state grant funds. At 
87.10 	least 15 percent of these funds shall be 
87.11 	used to encourage efficiencies through early 
87.12 	intervention services. At least another 15 
87.13 	percent shall be used to provide respite care 
87.14 	services for children with severe emotional 
87.15 	disturbance at risk of out-of-home placement. 
87.16 	Mental Health Crisis Services. Of the 
87.17 	general fund appropriation, $2,528,000 in 
87.18 	fiscal year 2008 and $2,850,000 in fiscal year 
87.19 	2009 are for statewide funding of children's 
87.20 	mental health crisis services. Providers must 
87.21 	utilize all available funding streams. 
87.22 	Children's Mental Health Evidence-Based 
87.23 	and Best Practices. Of the general fund 
87.24 	appropriation, $375,000 in fiscal year 2008 
87.25 	and $750,000 in fiscal year 2009 are for 
87.26 	children's mental health evidence-based and 
87.27 	best practices including, but not limited 
87.28 	to: Adolescent Integrated Dual Diagnosis 
87.29 	Treatment services; school-based mental 
87.30 	health services; co-location of mental 
87.31 	health and physical health care, and; the 
87.32 	use of technological resources to better 
87.33 	inform diagnosis and development of 
87.34 	treatment plan development by mental 
87.35 	health professionals. The commissioner 
87.36 	shall require grantees to utilize all available 
88.1 	third-party reimbursement sources as a 
88.2 	condition of using state grant funds. 
88.3 	Culturally Specific Mental Health 
88.4 	Treatment Grants. Of the general fund 
88.5 	appropriation, $75,000 in fiscal year 2008 
88.6 	and $300,000 in fiscal year 2009 are for 
88.7 	children's mental health grants to support 
88.8 	increased availability of mental health 
88.9 	services for persons from cultural and 
88.10 	ethnic minorities within the state. The 
88.11 	commissioner shall use at least 20 percent 
88.12 	of these funds to help members of cultural 
88.13 	and ethnic minority communities to become 
88.14 	qualified mental health professionals and 
88.15 	practitioners. The commissioner shall assist 
88.16 	grantees to meet third-party credentialing 
88.17 	requirements and require them to utilize all 
88.18 	available third-party reimbursement sources 
88.19 	as a condition of using state grant funds. 
88.20 	Mental Health Services for Children with 
88.21 	Special Treatment Needs. Of the general 
88.22 	fund appropriation, $50,000 in fiscal year 
88.23 	2008 and $200,000 in fiscal year 2009 are 
88.24 	for children's mental health grants to support 
88.25 	increased availability of mental health 
88.26 	services for children with special treatment 
88.27 	needs. These shall include, but not be limited 
88.28 	to: victims of trauma, including children 
88.29 	subjected to abuse or neglect, veterans and 
88.30 	their families, and refugee populations; 
88.31 	persons with complex treatment needs, such 
88.32 	as eating disorders; and those with low 
88.33 	incidence disorders. 
88.34 	MFIP and Children's Mental Health 
88.35 	Pilot Project. Of the TANF appropriation, 
89.1 	$100,000 in fiscal year 2008 and $200,000 
89.2 	in fiscal year 2009 are to fund the MFIP 
89.3 	and children's mental health pilot project. 
89.4 	Of these amounts, up to $100,000 may be 
89.5 	expended on evaluation of this pilot. 
89.6 	Prenatal Alcohol or Drug Use. Of the 
89.7 	general fund appropriation, $75,000 each 
89.8 	year is to award grants beginning July 1, 
89.9 	2007, to programs that provide services 
89.10 	under Minnesota Statutes, section 254A.171, 
89.11 	in Pine, Kanabec, and Carlton Counties. This 
89.12 	appropriation shall become part of the base 
89.13 	appropriation. 
89.14 	Base Adjustment. The general fund base 
89.15 	is $62,572,000 in fiscal year 2010 and 
89.16 	$62,575,000 in fiscal year 2011. 

89.17	(h) Children and Community Services Grants 

89.18	General 
	101,369,000 
	69,208,000 
	
89.19 	Base Adjustment. The general fund base 
89.20 	is $69,274,000 in each of fiscal years 2010 
89.21 	and 2011. 
89.22 	Targeted Case Management Temporary 
89.23 	Funding. (a) Of the general fund 
89.24 	appropriation, $32,667,000 in fiscal year 
89.25 	2008 is transferred to the targeted case 
89.26 	management contingency reserve account in 
89.27 	the general fund to be allocated to counties 
89.28 	and tribes affected by reductions in targeted 
89.29 	case management federal Medicaid revenue 
89.30 	as a result of the provisions in the federal 
89.31 	Deficit Reduction Act of 2005, Public Law 
89.32 	109-171. 
89.33 	(b) Contingent upon (1) publication by the 
89.34 	federal Centers for Medicare and Medicaid 
90.1 	Services of final regulations implementing 
90.2 	the targeted case management provisions 
90.3 	of the federal Deficit Reduction Act of 
90.4 	2005, Public Law 109-171, or (2) the 
90.5 	issuance of a finding by the Centers for 
90.6 	Medicare and Medicaid Services of federal 
90.7 	Medicaid overpayments for targeted case 
90.8 	management expenditures, up to $32,667,000 
90.9 	is appropriated to the commissioner of human 
90.10 	services. Prior to distribution of funds, the 
90.11 	commissioner shall estimate and certify the 
90.12 	amount by which the federal regulations or 
90.13 	federal disallowance will reduce targeted 
90.14 	case management Medicaid revenue over the 
90.15 	2008-2009 biennium. 
90.16 	(c) Within 60 days of a contingency described 
90.17 	in paragraph (b), the commissioner shall 
90.18 	distribute the grants proportionate to each 
90.19 	affected county or tribe's targeted case 
90.20 	management federal earnings for calendar 
90.21 	year 2005, not to exceed the lower of (1) the 
90.22 	amount of the estimated reduction in federal 
90.23 	revenue or (2) $32,667,000. 
90.24 	(d) These funds are available in either year of 
90.25 	the biennium. Counties and tribes shall use 
90.26 	these funds to pay for social service-related 
90.27 	costs, but the funds are not subject to 
90.28 	provisions of the Children and Community 
90.29 	Services Act grant under Minnesota Statutes, 
90.30 	chapter 256M. 
90.31 	(e) This appropriation shall be available to 
90.32 	pay counties and tribes for expenses incurred 
90.33 	on or after July 1, 2007. The appropriation 
90.34 	shall be available until expended. 

90.35	(i) General Assistance Grants 

91.1	General 
	37,876,000 
	38,253,000 
	
91.2 	General Assistance Standard. The 
91.3 	commissioner shall set the monthly standard 
91.4 	of assistance for general assistance units 
91.5 	consisting of an adult recipient who is 
91.6 	childless and unmarried or living apart 
91.7 	from parents or a legal guardian at $203. 
91.8 	The commissioner may reduce this amount 
91.9 	according to Laws 1997, chapter 85, article 
91.10 	3, section 54. 
91.11 	Emergency General Assistance. The 
91.12 	amount appropriated for emergency general 
91.13 	assistance funds is limited to no more 
91.14 	than $7,889,812 in fiscal year 2008 and 
91.15 	$7,889,812 in fiscal year 2009. Funds 
91.16 	to counties must be allocated by the 
91.17 	commissioner using the allocation method 
91.18 	specified in Minnesota Statutes, section 
91.19 	256D.06. 

91.20	(j) Minnesota Supplemental Aid Grants 

91.21	General 
	30,505,000 
	30,812,000 
	
91.22 	Emergency Minnesota Supplemental 
91.23 	Aid Funds. The amount appropriated for 
91.24 	emergency Minnesota supplemental aid 
91.25 	funds is limited to no more than $1,100,000 
91.26 	in fiscal year 2008 and $1,100,000 in fiscal 
91.27 	year 2009. Funds to counties must be 
91.28 	allocated by the commissioner using the 
91.29 	allocation method specified in Minnesota 
91.30 	Statutes, section 256D.46. 

91.31	(k) Group Residential Housing Grants 

91.32	General 
	91,069,000 
	98,671,000 
	
91.33 	People Incorporated. Of the general fund 
91.34 	appropriation, $460,000 each year is to 
92.1 	augment community support and mental 
92.2 	health services provided to individuals 
92.3 	residing in facilities under Minnesota 
92.4 	Statutes, section 256I.05, subdivision 1m. 

92.5
92.6	(l) Other Children and Economic Assistance 
Grants 

92.7	General 
	20,183,000 
	16,333,000 
	
92.8	Federal TANF 
	1,500,000 
	1,500,000 
	
92.9 	Base Adjustment. The general fund base 
92.10 	shall be $16,033,000 in fiscal year 2010 and 
92.11 	$15,533,000 in fiscal year 2011. The TANF 
92.12 	base shall be $1,500,000 in fiscal year 2010 
92.13 	and $1,181,000 in fiscal year 2011. 
92.14 	Homeless and Runaway Youth. Of the 
92.15 	general fund appropriation, $500,000 each 
92.16 	year are for the Runaway and Homeless 
92.17 	Youth Act under Minnesota Statutes, section 
92.18 	256K.45. Funds shall be spent in each area 
92.19 	of the continuum of care to ensure that 
92.20 	programs are meeting the greatest need. This 
92.21 	is a onetime appropriation. 
92.22 	Long-Term Homelessness. Of the general 
92.23 	fund appropriation, $1,500,000 $1,000,000
92.24 	each year are for implementation of programs 
92.25 	to address long-term homelessness. This is a 
92.26 	onetime appropriation. 
92.27 	Minnesota Community Action Grants. (a) 
92.28 	Of the general fund appropriation, $250,000 
92.29 	each year is for the purposes of Minnesota 
92.30 	community action grants under Minnesota 
92.31 	Statutes, sections 256E.30 to 256E.32. This 
92.32 	is a onetime appropriation. 
92.33 	(b) Of the TANF appropriation, $1,500,000 
92.34 	each year is for community action agencies 
92.35 	for auto repairs, auto loans, and auto purchase 
93.1 	grants to individuals who are eligible to 
93.2 	receive benefits under Minnesota Statutes, 
93.3 	chapter 256J, or who have lost eligibility 
93.4 	for benefits under Minnesota Statutes, 
93.5 	chapter 256J, due to earnings in the prior 12 
93.6 	months. Base level funding for this activity 
93.7 	shall be $1,500,000 in fiscal year 2010 
93.8 	and $1,181,000 in fiscal year 2011. * (The 
93.9 	preceding text beginning "(b) Of the TANF 
93.10 	appropriation," was indicated as vetoed by 
93.11 	the governor.) 
93.12 	(c) Money appropriated under paragraphs (a) 
93.13 	and (b) that is not spent in the first year does 
93.14 	not cancel but is available for the second 
93.15 	year.