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Minnesota Legislature

Office of the Revisor of Statutes

SF 2135

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 11:35pm

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

Current Version - 1st Engrossment

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A bill for an act
relating to legislative enactments; correcting miscellaneous oversights,
inconsistencies, ambiguities, unintended results, and technical errors;amending
Minnesota Statutes 2008, sections 103C.305, subdivision 1; 120B.30, as
amended; 123B.75, subdivision 5; 125B.26, as amended; 126C.41, subdivision 2,
as amended; 168.33, subdivision 7, as amended if enacted; 169.865, subdivision
1; 270C.445, subdivision 7, as amended if enacted; 275.065, subdivision 3, as
amended; 297I.35, subdivision 2, as amended; 332B.09, as added if enacted;
Laws 2009, chapter 37, article 2, section 3, subdivision 2; Laws 2009, chapter
78, article 8, section 22, subdivision 3; Laws 2009, chapter 88, article 12, section
21; 2009 H.F. No. 1231, article 1, section 2, subdivision 5, if enacted; 2009
H.F. No. 1476, section 16, if enacted.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 169.865, subdivision 1, is amended to read:


Subdivision 1.

Six-axle vehicles.

(a) A road authority may issue an annual permit
authorizing a vehicle or combination of vehicles with a total of six axles to haul raw or
unprocessed agricultural products and be operated with a gross vehicle weight of up to:

(1) 90,000 pounds; and

(2) 99,000 pounds during the period set by the commissioner under section 169.826,
subdivision 1
.

(b) Notwithstanding subdivision deleted text begin4deleted text endnew text begin 3new text end, paragraph (a), clause (4), a vehicle or
combination of vehicles operated under this subdivision and transporting only sealed
intermodal containers may be operated on an interstate highway if allowed by the United
States Department of Transportation.

(c) The fee for a permit issued under this subdivision is $300.

Sec. 2.

[CORR09-01]

Minnesota Statutes 2008, section 270C.445, subdivision 7, as
amended by 2009 H.F. No. 1298, article 12, section 1, if enacted, is amended to read:


Subd. 7.

Enforcement; civil actions.

(a) Any violation of this section is an unfair,
deceptive, and unlawful trade practice within the meaning of section 8.31. An action taken
under new text beginthis new text endsection deleted text begin8.31deleted text end is in the public interest.

(b) A client may bring a civil action seeking redress for a violation of this section in
the conciliation or the district court of the county in which unlawful action is alleged to
have been committed or where the respondent resides or has a principal place of business.

(c) A court finding for the plaintiff must award:

(1) actual damages;

(2) incidental and consequential damages;

(3) statutory damages of twice the sum of: (i) the tax preparation fees; and (ii) if the
plaintiff violated subdivision 3a, 4, or 5b all interest and fees for a refund anticipation loan;

(4) reasonable attorney fees;

(5) court costs; and

(6) any other equitable relief as the court considers appropriate.

Sec. 3.

[CORR09-02]

Minnesota Statutes 2008, section 332B.09, as added by 2009
H.F. No. 2123, article 4, section 26, if enacted, is amended to read:


[332B.09] FEES; WITHDRAWAL OF CREDITORS; NOTIFICATION TO
DEBTOR OF SETTLEMENT OFFER.

Subdivision 1.

Choice of fee structure.

A debt settlement services provider may
calculate fees on a percentage of debt basis or on a percentage of savings basis. The fee
structure shall be clearly disclosed and explained in the debt settlement services agreement.

Subd. 2.

Fees as a percentage of debt.

(a) The total amount of the fees claimed,
demanded, charged, collected, or received under this subdivision shall be calculated as
15 percent of the aggregate debt. A debt settlement services provider that calculates
fees as a percentage of debt may:

(1) charge an origination fee, which may be designated by the debt settlement
services provider as nonrefundable, of:

(i) $200 on aggregate debt of less than $20,000; or

(ii) $400 on aggregate debt of $20,000 or more;

(2) charge a monthly fee of:

(i) no greater than $50 per month on aggregate debt of less than $40,000; and

(ii) no greater than $60 per month on aggregate debt of $40,000 or more; and

(3) charge a settlement fee for the remainder of the allowable fees, which may be
demanded and collected no earlier than upon delivery to the debt settlement services
provider by a creditor of a bona fide written settlement offer consistent with the terms of
the debt settlement services agreement. A settlement fee may be assessed for each debt
settled, but the sum total of the origination fee, the monthly fee, and the settlement fee
may not exceed 15 percent of the aggregate debt.

(b) When a settlement offer is obtained by a debt settlement services provider from a
creditor, the collection of any monthly fees shall cease beginning the month following the
month in which the settlement offer was obtained by the debt settlement services provider.

(c) In no event may more than 40 percent of the total amount of fees allowable be
claimed, demanded, charged, collected, or received by a debt settlement services provider
any earlier than upon delivery to the debt settlement services provider by a creditor of
a bona fide written settlement offer consistent with the terms of the debt settlement
services agreement.

Subd. 3.

Fees as a percentage of savings.

(a) The total amount of the fees claimed,
demanded, charged, collected, or received under this subdivision shall be calculated as 30
percent of the savings actually negotiated by the debt settlement services provider. The
savings shall be calculated as the difference between the aggregate debt that is stated
in the debt settlement services agreement at the time of its execution and total amount
that the debtor actually pays to settle all the debts stated in the debt settlement services
agreement, provided that only savings resulting from concessions actually negotiated by
the debt settlement services provider may be counted. A debt settlement services provider
that calculates fees as a percentage of deleted text begindebtdeleted text endnew text begin savingsnew text end may:

(1) charge an origination fee, which may be designated by the debt settlement
services provider as nonrefundable, of:

(i) $300 on aggregate debt of less than $20,000; or

(ii) $500 on aggregate debt of $20,000 or more;

(2) charge a monthly fee of:

(i) no greater than $65 on aggregate debt of less than $40,000; and

(ii) no greater than $75 on aggregate debt of $40,000 or more; and

(3) charge a settlement fee for the remainder of the allowable fees, which may be
demanded and collected no earlier than upon delivery to the debt settlement services
provider by a creditor of a bona fide, final written settlement offer consistent with the
terms of the debt settlement services agreement. A settlement fee may be assessed for each
debt settled, but the sum total of the origination fee, the monthly fee, and the settlement
fee may not exceed 30 percent of the savings, as calculated under paragraph (a).

(b) The collection of monthly fees shall cease under this subdivision when the
total of monthly fees and the origination fee equals 50 percent of the total fees allowable
under this subdivision. For the purposes of this subdivision, 50 percent of the total fees
allowable shall assume a settlement of 50 cents on the dollar.

(c) In no event may more than 50 percent of the total amount of fees allowable be
claimed, demanded, charged, collected, or received by a debt settlement services provider
any earlier than upon delivery to the debt settlement services provider by a creditor of a
bona fide, final written settlement offer consistent with the terms of the debt settlement
services agreement.

Subd. 4.

Fees exclusive.

No fees, charges, assessments, or any other compensation
may be claimed, demanded, charged, collected, or received other than the fees allowed
under this section. Any fees collected in excess of those allowed under this section must
be immediately returned to the debtor.

Subd. 5.

Withdrawal of creditor.

Whenever a creditor withdraws from a debt
settlement services plan, the debt settlement services provider must promptly notify the
debtor of the withdrawal, identify the creditor, and inform the debtor of the right to modify
the debt settlement services agreement, unless at least 50 percent of the listed creditors
withdraw, in which case the debt settlement services provider must notify the debtor of the
debtor's right to cancel. In no case may this notice be provided more than 15 days after the
debt settlement services provider learns of the creditor's decision to withdraw from a plan.

Subd. 6.

Timely notification of settlement offer.

A debt settlement services
provider must make all reasonable efforts to notify the debtor within 24 hours of a
settlement offer made by a creditor.

Sec. 4.

[CORR09-03]

Laws 2009, chapter 37, article 2, section 3, subdivision 2, is
amended to read:


Subd. 2.

Financial Institutions

6,638,000
6,638,000

$1,000 each year is for consumer small loan
regulation modifications in article deleted text begin7deleted text endnew text begin 3new text end. This
appropriation is added to the department's
base.

Sec. 5.

[CORR09-04]

2009 H.F. No. 1476, section 16, if enacted, is amended to read:


Sec. 16. CITY OF MINNEAPOLIS; LIQUOR LICENSE.

Notwithstanding any law, ordinance, or charter provision to the contrary, the city of
Minneapolis may issue annew text begin on-salenew text end intoxicating liquor license to an establishment located
at 2124 Como Avenue Southeast.

Sec. 6.

[CORR09-05A]

Minnesota Statutes 2008, section 120B.30, as amended by
Laws 2009, chapter 96, article 2, section 8, is amended to read:


120B.30 STATEWIDE TESTING AND REPORTING SYSTEM.

Subdivision 1.

Statewide testing.

(a) The commissioner, with advice from experts
with appropriate technical qualifications and experience and stakeholders, consistent with
subdivision 1a, shall include in the comprehensive assessment system, for each grade
level to be tested, state-constructed tests developed from and aligned with the state's
required academic standards under section 120B.021, include multiple choice questions,
and be administered annually to all students in grades 3 through 8. State-developed high
school tests aligned with the state's required academic standards under section 120B.021
and administered to all high school students in a subject other than writing must include
multiple choice questions. The commissioner shall establish one or more months during
which schools shall administer the tests to students each school year. For students enrolled
in grade 8 before the 2005-2006 school year, Minnesota basic skills tests in reading,
mathematics, and writing shall fulfill students' basic skills testing requirements for a
passing state notation. The passing scores of basic skills tests in reading and mathematics
are the equivalent of 75 percent correct for students entering grade 9 based on the first
uniform test administered in February 1998. Students who have not successfully passed
a Minnesota basic skills test by the end of the 2011-2012 school year must pass the
graduation-required assessments for diploma under paragraph deleted text begin(b)deleted text endnew text begin (c)new text end.

(b) The state assessment system must be aligned to the most recent revision of
academic standards as described in section 120B.023 in the following manner:

(1) mathematics;

(i) grades 3 through 8 beginning in the 2010-2011 school year; and

(ii) high school level beginning in the 2013-2014 school year;

(2) science; grades 5 and 8 and at the high school level beginning in the 2011-2012
school year; and

(3) language arts and reading; grades 3 through 8 and high school level beginning in
the 2012-2013 school year.

(c) For students enrolled in grade 8 in the 2005-2006 school year and later, only the
following options shall fulfill students' state graduation test requirements:

(1) for reading and mathematics:

(i) obtaining an achievement level equivalent to or greater than proficient as
determined through a standard setting process on the Minnesota comprehensive
assessments in grade 10 for reading and grade 11 for mathematics or achieving a passing
score as determined through a standard setting process on the graduation-required
assessment for diploma in grade 10 for reading and grade 11 for mathematics or
subsequent retests;

(ii) achieving a passing score as determined through a standard setting process on the
state-identified language proficiency test in reading and the mathematics test for English
language learners or the graduation-required assessment for diploma equivalent of those
assessments for students designated as English language learners;

(iii) achieving an individual passing score on the graduation-required assessment
for diploma as determined by appropriate state guidelines for students with an individual
education plan or 504 plan;

(iv) obtaining achievement level equivalent to or greater than proficient as
determined through a standard setting process on the state-identified alternate assessment
or assessments in grade 10 for reading and grade 11 for mathematics for students with
an individual education plan; or

(v) achieving an individual passing score on the state-identified alternate assessment
or assessments as determined by appropriate state guidelines for students with an
individual education plan; and

(2) for writing:

(i) achieving a passing score on the graduation-required assessment for diploma;

(ii) achieving a passing score as determined through a standard setting process on
the state-identified language proficiency test in writing for students designated as English
language learners;

(iii) achieving an individual passing score on the graduation-required assessment
for diploma as determined by appropriate state guidelines for students with an individual
education plan or 504 plan; or

(iv) achieving an individual passing score on the state-identified alternate assessment
or assessments as determined by appropriate state guidelines for students with an
individual education plan.

(d) Students enrolled in grade 8 in any school year from the 2005-2006 school
year to the 2009-2010 school year who do not pass the mathematics graduation-required
assessment for diploma under paragraph deleted text begin(b)deleted text endnew text begin (c)new text end are eligible to receive a high school
diploma deleted text beginwith a passing state notationdeleted text end if they:

(1) complete with a passing score or grade all state and local coursework and credits
required for graduation by the school board granting the students their diploma;

(2) participate in district-prescribed academic remediation in mathematics; and

(3) fully participate in at least two retests of the mathematics GRAD test or until
they pass the mathematics GRAD test, whichever comes first. A school, district, or
charter school must place a student's highest assessment score for each of the following
assessments on the student's high school transcript: the mathematics Minnesota
Comprehensive Assessment, reading Minnesota Comprehensive Assessment, and writing
Graduation-Required Assessment for Diploma, and when applicable, the mathematics
Graduation-Required Assessment for Diploma and reading Graduation-Required
Assessment for Diploma.

In addition, the school board granting the students their diplomas may formally
decide to include a notation of high achievement on the high school diplomas of those
graduating seniors who, according to established school board criteria, demonstrate
exemplary academic achievement during high school.

(e) The 3rd through 8th grade and high school test results shall be available to
districts for diagnostic purposes affecting student learning and district instruction and
curriculum, and for establishing educational accountability. The commissioner must
disseminate to the public the high school test results upon receiving those results.

(f) The 3rd through 8th grade and high school tests must be aligned with state
academic standards. The commissioner shall determine the testing process and the order
of administration. The statewide results shall be aggregated at the site and district level,
consistent with subdivision 1a.

(g) In addition to the testing and reporting requirements under this section, the
commissioner shall include the following components in the statewide public reporting
system:

(1) uniform statewide testing of all students in grades 3 through 8 and at the high
school level that provides appropriate, technically sound accommodations or alternate
assessments;

(2) educational indicators that can be aggregated and compared across school
districts and across time on a statewide basis, including average daily attendance, high
school graduation rates, and high school drop-out rates by age and grade level;

(3) state results on the American College Test; and

(4) state results from participation in the National Assessment of Educational
Progress so that the state can benchmark its performance against the nation and other
states, and, where possible, against other countries, and contribute to the national effort
to monitor achievement.

Subd. 1a.

Statewide and local assessments; results.

(a) For purposes
of conforming with existing federal educational accountability requirements, the
commissioner must develop reading and mathematics assessments for grades 3 through 8,
state-developed high school reading and mathematics tests aligned with state academic
standards, and science assessments under clause (2) that districts and sites must use to
monitor student growth toward achieving those standards. The commissioner must
not develop statewide assessments for academic standards in social studies, health and
physical education, and the arts. The commissioner must require:

(1) annual reading and mathematics assessments in grades 3 through 8, and high
school reading and mathematics tests; and

(2) annual science assessments in one grade in the grades 3 through 5 span, the
grades 6 through 8 span, and a life sciences assessment in the grades 9 through 12 span,
and the commissioner must not require students to achieve a passing score on high school
science assessments as a condition of receiving a high school diploma.

(b) The commissioner must ensure that all statewide tests administered to elementary
and secondary students measure students' academic knowledge and skills and not students'
values, attitudes, and beliefs.

(c) Reporting of assessment results must:

(1) provide timely, useful, and understandable information on the performance of
individual students, schools, school districts, and the state;

(2) include a value-added growth indicator of student achievement under section
120B.35, subdivision 3, paragraph (b); and

(3)(i) for students enrolled in grade 8 before the 2005-2006 school year, determine
whether students have met the state's basic skills requirements; and

(ii) for students enrolled in grade 8 in the 2005-2006 school year and later, determine
whether students have met the state's academic standards.

(d) Consistent with applicable federal law and subdivision 1, paragraph (d), clause
(1), the commissioner must include appropriate, technically sound accommodations or
alternative assessments for the very few students with disabilities for whom statewide
assessments are inappropriate and for students with limited English proficiency.

(e) A school, school district, and charter school must administer statewide
assessments under this section, as the assessments become available, to evaluate student
proficiency in the context of the state's grade level academic standards. If a state
assessment is not available, a school, school district, and charter school must determine
locally if a student has met the required academic standards. A school, school district,
or charter school may use a student's performance on a statewide assessment as one of
multiple criteria to determine grade promotion or retention. A school, school district, or
charter school may use a high school student's performance on a statewide assessment
as a percentage of the student's final grade in a course, or place a student's assessment
score on the student's transcript.

Subd. 2.

Department of Education assistance.

The Department of Education
shall contract for professional and technical services according to competitive bidding
procedures under chapter 16C for purposes of this section.

Subd. 3.

Reporting.

The commissioner shall report test data publicly and to
stakeholders, including the performance achievement levels developed from students'
unweighted test scores in each tested subject and a listing of demographic factors that
strongly correlate with student performance. The commissioner shall also report data that
compares performance results among school sites, school districts, Minnesota and other
states, and Minnesota and other nations. The commissioner shall disseminate to schools
and school districts a more comprehensive report containing testing information that
meets local needs for evaluating instruction and curriculum.

Subd. 4.

Access to tests.

The commissioner must adopt and publish a policy
to provide public and parental access for review of basic skills tests, Minnesota
Comprehensive Assessments, or any other such statewide test and assessment. Upon
receiving a written request, the commissioner must make available to parents or guardians
a copy of their student's actual responses to the test questions for their review.

Sec. 7.

[CORR09-05B]

Minnesota Statutes 2008, section 125B.26, as amended by
Laws 2009, chapter 96, article 4, section 11, is amended to read:


125B.26 TELECOMMUNICATIONS/INTERNET ACCESS EQUITY AID.

Subdivision 1.

Costs to be submitted.

(a) A districtdeleted text begin,deleted text endnew text begin ornew text end charter schooldeleted text begin, or
intermediate school district
deleted text end shall submit its actual telecommunications/Internet access
costs for the previous fiscal year, adjusted for any e-rate revenue received, to the
department by August 15 of each year as prescribed by the commissioner. new text beginA school
district may include in its reported data a proportionate share of the costs and e-rate
revenues of an intermediate school district of which it is a member.
new text endCosts eligible for
reimbursement under this program are limited to the following:

(1) ongoing or recurring telecommunications/Internet access costs associated with
Internet access, data lines, and video links providing:

(i) the equivalent of one data line, video link, or integrated data/video link that relies
on a transport medium that operates at a minimum speed of 1.544 megabytes per second
(T1) for each elementary school, middle school, or high school under section 120A.05,
subdivisions 9, 11, and 13
, including the recurring telecommunications line lease costs
and ongoing Internet access service fees; or

(ii) the equivalent of one data line or video circuit, or integrated data/video link that
relies on a transport medium that operates at a minimum speed of 1.544 megabytes per
second (T1) for each district, including recurring telecommunications line lease costs
and ongoing Internet access service fees;

(2) recurring costs of contractual or vendor-provided maintenance on the school
district's wide area network to the point of presence at the school building up to the router,
codec, or other service delivery equipment located at the point of presence termination
at the school or school district;

(3) recurring costs of cooperative, shared arrangements for regional delivery of
telecommunications/Internet access between school districts, postsecondary institutions,
and public libraries including network gateways, peering points, regional network
infrastructure, Internet2 access, and network support, maintenance, and coordination; and

(4) service provider installation fees for installation of new telecommunications lines
or increased bandwidth.

(b) Costs not eligible for reimbursement under this program include:

(1) recurring costs of school district staff providing network infrastructure support;

(2) recurring costs associated with voice and standard telephone service;

(3) costs associated with purchase of network hardware, telephones, computers, or
other peripheral equipment needed to deliver telecommunications access to the school or
school district;

(4) costs associated with laying fiber for telecommunications access;

(5) costs associated with wiring school or school district buildings;

(6) costs associated with purchase, installation, or purchase and installation of
Internet filtering; and

(7) costs associated with digital content, including online learning or distance
learning programming, and information databases.

Subd. 2.

E-rates.

To be eligible for aid under this section, a districtdeleted text begin,deleted text endnew text begin ornew text end charter
schooldeleted text begin, or intermediate school districtdeleted text end is required to file an e-rate application either
separately or through its telecommunications access cluster and have a current technology
plan on file with the department. new text beginAn intermediate school district shall file an e-rate
application and member districts shall report a proportional share of e-rate revenues
received by the intermediate district.
new text endDiscounts received on telecommunications
expenditures shall be reflected in the costs submitted to the department for aid under
this section.

Subd. 3.

Reimbursement criteria.

The commissioner shall develop criteria
for approving costs submitted by organized school districtsdeleted text begin,deleted text endnew text begin andnew text end charter schoolsdeleted text begin, and
intermediate school districts
deleted text end under subdivision 1.

Subd. 4.

District aid.

For fiscal year 2006 and later, a districtdeleted text begin,deleted text endnew text begin ornew text end charter deleted text beginschool,
or intermediate school district's
deleted text endnew text begin school'snew text end Internet access equity aid equals the districtdeleted text begin,deleted text endnew text begin ornew text end
charter deleted text beginschool, or intermediate school district'sdeleted text endnew text begin school'snew text end approved cost for the previous
fiscal year according to subdivision 1 exceeding $15 times the district's adjusted marginal
cost pupil units for the previous fiscal year or no reduction if the district is part of an
organized telecommunications access cluster. Equity aid must be distributed to the
telecommunications access cluster for districtsdeleted text begin,deleted text endnew text begin ornew text end charter schoolsdeleted text begin, or intermediate school
districts
deleted text end that are members of the cluster or to individual districtsdeleted text begin,deleted text endnew text begin ornew text end charter schoolsdeleted text begin, or
intermediate school districts
deleted text end not part of a telecommunications access cluster.

Subd. 5.

Telecommunications/Internet access services for nonpublic schools.

(a) Districts shall provide each year upon formal request by or on behalf of a nonpublic
school, not including home schools, located in that district or area, ongoing or recurring
telecommunications access services to the nonpublic school either through existing district
providers or through separate providers.

(b) The amount of district aid for telecommunications access services for each
nonpublic school under this subdivision equals the lesser of:

(1) 90 percent of the nonpublic school's approved cost for the previous fiscal year
according to subdivision 1 exceeding $10 for fiscal year 2006 and later times the number
of weighted pupils enrolled at the nonpublic school as of October 1 of the previous
school year; or

(2) the product of the district's aid per pupil unit according to subdivision 4 times
the number of weighted pupils enrolled at the nonpublic school as of October 1 of the
previous school year.

(c) For purposes of this subdivision, nonpublic school pupils shall be weighted by
grade level using the weighting factors defined in section 126C.05, subdivision 1.

(d) Each year, a district providing services under paragraph (a) may claim up to five
percent of the aid determined in paragraph (b) for costs of administering this subdivision.
No district may expend an amount for these telecommunications access services which
exceeds the amount allocated under this subdivision. The nonpublic school is responsible
for the Internet access costs not covered by this section.

(e) At the request of a nonpublic school, districts may allocate the amount
determined in paragraph (b) directly to the nonpublic school to pay for or offset the
nonpublic school's costs for telecommunications access services; however, the amount
allocated directly to the nonpublic school may not exceed the actual amount of the school's
ongoing or recurring telecommunications access costs.

Subd. 6.

Severability.

If any portion of this section is found by a court to be
unconstitutional, the remaining portions of the section shall remain in effect.

Sec. 8.

[CORR09-05C]

Minnesota Statutes 2008, section 126C.41, subdivision 2, as
amended by Laws 2009, chapter 96, article 1, section 16, is amended to read:


Subd. 2.

Retired employee health benefits.

(a) A district may levy an amount up
to the amount the district is required by the collective bargaining agreement in effect
on March 30, 1992, to pay for health insurance or unreimbursed medical expenses for
licensed and nonlicensed employees who have terminated services in the employing
district and withdrawn from active teaching service or other active service, as applicable,
new text begin either (1) new text endbefore July 1, 1992, deleted text beginand to pay for health insurance or unreimbursed medical
expenses for licensed and nonlicensed employees who have terminated services in the
employing district and withdrawn from active teaching service or other active service, as
applicable
deleted text end new text beginor (2) before July 1, 1998, but for employees retiring after June 30, 1992, and
new text endbefore July 1, 1998, new text beginonly new text endif a sunset clause is in effect for the current collective bargaining
agreement. The total amount of the levy each year may not exceed $600,000.

(b) In addition to the levy authority granted under paragraph (a), a school district
may levy for other postemployment benefits expensesnew text begin actually paid during the previous
fiscal year
new text end. For purposes of this subdivision "postemployment benefits" means benefits
giving rise to a liability under Statement No. 45 of the Government Accounting Standards
Board. A district seeking levy authority under this subdivision must:

(1) create or have created an actuarial liability to pay postemployment benefits to
employees or officers after their termination of service;

(2) have a sunset clause in effect for the current collective bargaining agreement as
required by paragraph (a); and

(3) apply for the authority in the form and manner required by the commissioner
of education.

If the total levy authority requested under this paragraph exceeds the amount established
in paragraph (c), the commissioner must proportionately reduce each district's maximum
levy authority under this subdivision.new text begin The commissioner may subsequently adjust each
district's levy authority under this subdivision so long as the total levy authority does not
exceed the maximum levy authority for that year.
new text end

(c) The maximum levy authority under paragraph (b) must not exceed the following
amounts:

(1) $9,242,000 for taxes payable in 2010;

(2) $29,863,000 for taxes payable in 2011; and

(3) for taxes payable in 2012 and later, the maximum levy authority must not exceed
the sum of the previous year's authority and $14,000,000.

Sec. 9.

[CORR09-06A]

Minnesota Statutes 2008, section 297I.35, subdivision 2, as
amended by Laws 2009, chapter 88, article 9, section 14, is amended to read:


Subd. 2.

Electronic payments.

If the aggregate amount of tax and surcharges
due under this chapter during a deleted text begincalendardeleted text endnew text begin fiscalnew text end yearnew text begin ending June 30new text end is equal to or
exceeds $10,000, or if the taxpayer is required to make payment of any other tax to the
commissioner by electronic means, then all tax and surcharge payments in the subsequent
calendar year must be paid by electronic means.

Sec. 10.

[CORR09-06B]

Laws 2009, chapter 88, article 12, section 21, is amended to
read:


Sec. 21. SPECIAL ACCOUNT; TIMING DIFFERENCES.

new text begin (a) new text endNotwithstanding the provisions of Minnesota Statutes, section 290.62, the
commissioner of revenue shall deposit the additional income tax and corporate franchise
tax revenues collected as a result of the combination of: (1) the additions under Minnesota
Statutes, section 290.01, subdivision 19a, clauses (7) and (8), and subdivision 19c,
clauses (15) and (16); and (2) adopting the provisions of American Recovery and
Reinvestment Act of 2009, in a special timing account in the general fund, but not to
exceed $10,149,000. On July 11, 2011, the commissioner of revenue shall transfer the
money in the account to the general fund to offset the reduction in revenues resulting from
the subtractions under Minnesota Statutes, section 290.01, subdivision 19b, clauses (9)
and (14), and subdivision 19d, clauses (18) and (19).

new text begin (b) If the commissioner determines it is impractical to determine the amount to be
deposited under paragraph (a) based on actual collections, the commissioner of finance
may, in lieu of paragraph (a), transfer $10,149,000 on January 15, 2011, from the general
fund to the special timing account. This amount is based on the revenue estimate for H.F.
No. 2323, dated April 17, 2009.
new text end

Sec. 11.

[CORR09-07]

Laws 2009, chapter 78, article 8, section 22, subdivision 3,
is amended to read:


Subd. 3.

Definitions.

For purposes of this section:

(1) "applicant" means a local government unit;

(2) "commissioner" means the commissioner of the Department of Employment and
Economic Development;

(3) "eligible transportation project entirely or partially funded by state or federal
funds" means a project that will affect one or more small businesses as a result of
transportation work because the work is anticipated to impair road access for a minimum
period of one month;

(4) "local government unit" means a county, statutory or home rule charter city,
town, special district, or other political subdivision;

(5) "project" has the meaning given it in Minnesota Statutes, section deleted text begin161.2415deleted text endnew text begin
161.165
new text end; and

(6) "small business" means a business that employs ten or fewer employees and is
located in an area that is adjacent to an eligible project.

Sec. 12.

[CORR09-08]

Minnesota Statutes 2008, section 168.33, subdivision 7, as
amended by 2009 H.F. No. 1849, section 2, if enacted, is amended to read:


Subd. 7.

Filing fees; allocations.

(a) In addition to all other statutory fees and
taxes, a filing fee of:

(1) $4.50 is imposed on every vehicle registration renewal, excluding pro rate
transactions; and

(2) $8.50 is imposed on every other type of vehicle transaction, including pro rate
transactions;

except that a filing fee may not be charged for a document returned for a refund or for
a correction of an error made by the Department of Public Safety, a dealer, or a deputy
registrar. The filing fee must be shown as a separate item on all registration renewal
notices sent out by the commissioner. No filing fee or other fee may be charged for the
permanent surrender of a title for a vehicle.

(b) deleted text beginThe fees imposed under paragraph (a) may be paid by credit card or debit
card. The deputy registrar may collect a surcharge on the fee not to exceed the cost of
processing a credit card or debit card transaction, in accordance with emergency rules
established by the commissioner of public safety.
deleted text endnew text begin The statutory fees and taxes, and the
filing fees imposed under paragraph (a) may be paid by credit card or debit card. The
deputy registrar may collect a surcharge on the statutory fees, taxes, and filing fee not
greater than the cost of processing a credit card or debit card transaction, in accordance
with emergency rules established by the commissioner of public safety. The surcharge
must be used to pay the cost of processing credit and debit card transactions.
new text end

(c) All of the fees collected under paragraph (a), clause (1), by the department, must
be paid into the vehicle services operating account in the special revenue fund under
section 299A.705. Of the fee collected under paragraph (a), clause (2), by the department,
$3.50 must be paid into the general fund with the remainder deposited into the vehicle
services operating account in the special revenue fund under section 299A.705.

Sec. 13.

[CORR09-09]

Minnesota Statutes 2008, section 275.065, subdivision 3, as
amended by Laws 2009, chapter 88, article 3, section 3, is amended to read:


Subd. 3.

Notice of proposed property taxes.

(a) The county auditor shall prepare
and the county treasurer shall deliver after November 10 and on or before November 24
each year, by first class mail to each taxpayer at the address listed on the county's current
year's assessment roll, a notice of proposed property taxes. Upon written request by
the taxpayer, the treasurer may send the notice in electronic form or by electronic mail
instead of on paper or by ordinary mail.

(b) The commissioner of revenue shall prescribe the form of the notice.

(c) The notice must inform taxpayers that it contains the amount of property taxes
each taxing authority proposes to collect for taxes payable the following year. In the case
of a town, or in the case of the state general tax, the final tax amount will be its proposed
tax. The notice must clearly state for each city, county, school district, regional library
authority established under section 134.201, and metropolitan taxing districts as defined
in paragraph (i), the time and place of deleted text beginthedeleted text endnew text begin eachnew text end taxing deleted text beginauthorities' regularly scheduled
meetings
deleted text endnew text begin authority's meetingnew text end in which the budget and levy will be discussed andnew text begin public
input allowed, prior to
new text end the final budget and levy deleted text begindetermined, which must occur after
November 24
deleted text endnew text begin determinationnew text end. The taxing authorities must provide the county auditor with
the information to be included in the notice on or before the time it certifies its proposed
levy under subdivision 1. The public must be allowed to speak atnew text begin least at one ofnew text end the
meetings and deleted text beginthe meetingsdeleted text endnew text begin that meeting, which must occur after November 24,new text end shall not
be held before 6:00 p.m. It must provide a telephone number for the taxing authority that
taxpayers may call if they have questions related to the notice and an address where
comments will be received by mail.

(d) The notice must state for each parcel:

(1) the market value of the property as determined under section 273.11, and used
for computing property taxes payable in the following year and for taxes payable in the
current year as each appears in the records of the county assessor on November 1 of the
current year; and, in the case of residential property, whether the property is classified as
homestead or nonhomestead. The notice must clearly inform taxpayers of the years to
which the market values apply and that the values are final values;

(2) the items listed below, shown separately by county, city or town, and state general
tax, net of the residential and agricultural homestead credit under section 273.1384, voter
approved school levy, other local school levy, and the sum of the special taxing districts,
and as a total of all taxing authorities:

(i) the actual tax for taxes payable in the current year; and

(ii) the proposed tax amount.

If the county levy under clause (2) includes an amount for a lake improvement
district as defined under sections 103B.501 to 103B.581, the amount attributable for that
purpose must be separately stated from the remaining county levy amount.

In the case of a town or the state general tax, the final tax shall also be its proposed
tax unless the town changes its levy at a special town meeting under section 365.52. If a
school district has certified under section 126C.17, subdivision 9, that a referendum will
be held in the school district at the November general election, the county auditor must
note next to the school district's proposed amount that a referendum is pending and that, if
approved by the voters, the tax amount may be higher than shown on the notice. In the
case of the city of Minneapolis, the levy for Minneapolis Park and Recreation shall be
listed separately from the remaining amount of the city's levy. In the case of the city of
St. Paul, the levy for the St. Paul Library Agency must be listed separately from the
remaining amount of the city's levy. In the case of Ramsey County, any amount levied
under section 134.07 may be listed separately from the remaining amount of the county's
levy. In the case of a parcel where tax increment or the fiscal disparities areawide tax
under chapter 276A or 473F applies, the proposed tax levy on the captured value or the
proposed tax levy on the tax capacity subject to the areawide tax must each be stated
separately and not included in the sum of the special taxing districts; and

(3) the increase or decrease between the total taxes payable in the current year and
the total proposed taxes, expressed as a percentage.

For purposes of this section, the amount of the tax on homesteads qualifying under
the senior citizens' property tax deferral program under chapter 290B is the total amount
of property tax before subtraction of the deferred property tax amount.

(e) The notice must clearly state that the proposed or final taxes do not include
the following:

(1) special assessments;

(2) levies approved by the voters after the date the proposed taxes are certified,
including bond referenda and school district levy referenda;

(3) a levy limit increase approved by the voters by the first Tuesday after the first
Monday in November of the levy year as provided under section 275.73;

(4) amounts necessary to pay cleanup or other costs due to a natural disaster
occurring after the date the proposed taxes are certified;

(5) amounts necessary to pay tort judgments against the taxing authority that become
final after the date the proposed taxes are certified; and

(6) the contamination tax imposed on properties which received market value
reductions for contamination.

(f) Except as provided in subdivision 7, failure of the county auditor to prepare or
the county treasurer to deliver the notice as required in this section does not invalidate the
proposed or final tax levy or the taxes payable pursuant to the tax levy.

(g) If the notice the taxpayer receives under this section lists the property as
nonhomestead, and satisfactory documentation is provided to the county assessor by the
applicable deadline, and the property qualifies for the homestead classification in that
assessment year, the assessor shall reclassify the property to homestead for taxes payable
in the following year.

(h) In the case of class 4 residential property used as a residence for lease or rental
periods of 30 days or more, the taxpayer must either:

(1) mail or deliver a copy of the notice of proposed property taxes to each tenant,
renter, or lessee; or

(2) post a copy of the notice in a conspicuous place on the premises of the property.

The notice must be mailed or posted by the taxpayer by November 27 or within
three days of receipt of the notice, whichever is later. A taxpayer may notify the county
treasurer of the address of the taxpayer, agent, caretaker, or manager of the premises to
which the notice must be mailed in order to fulfill the requirements of this paragraph.

(i) For purposes of this subdivision, subdivisions 5a and 6, "metropolitan special
taxing districts" means the following taxing districts in the seven-county metropolitan area
that levy a property tax for any of the specified purposes listed below:

(1) Metropolitan Council under section 473.132, 473.167, 473.249, 473.325,
473.446, 473.521, 473.547, or 473.834;

(2) Metropolitan Airports Commission under section 473.667, 473.671, or 473.672;
and

(3) Metropolitan Mosquito Control Commission under section 473.711.

For purposes of this section, any levies made by the regional rail authorities in the
county of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington under chapter
398A shall be included with the appropriate county's levy.

(j) The governing body of a county, city, or school district may, with the consent
of the county board, include supplemental information with the statement of proposed
property taxes about the impact of state aid increases or decreases on property tax
increases or decreases and on the level of services provided in the affected jurisdiction.
This supplemental information may include information for the following year, the current
year, and for as many consecutive preceding years as deemed appropriate by the governing
body of the county, city, or school district. It may include only information regarding:

(1) the impact of inflation as measured by the implicit price deflator for state and
local government purchases;

(2) population growth and decline;

(3) state or federal government action; and

(4) other financial factors that affect the level of property taxation and local services
that the governing body of the county, city, or school district may deem appropriate to
include.

The information may be presented using tables, written narrative, and graphic
representations and may contain instruction toward further sources of information or
opportunity for comment.

Sec. 14.

[CORR09-10]

Minnesota Statutes 2008, section 123B.75, subdivision 5,
is amended to read:


Subd. 5.

Levy recognition.

(a) "School district tax settlement revenue" means the
current, delinquent, and manufactured home property tax receipts collected by the county
and distributed to the school district.

(b) For fiscal year 2004 and later years, in June of each year, the school district must
recognize as revenue, in the fund for which the levy was made, the lesser of:

(1) the sum of May, June, and July school district tax settlement revenue received in
that calendar year, plus general education aid according to section 126C.13, subdivision
4
, received in July and August of that calendar year; or

(2) the sum of:

(i) 31 percent of the referendum levy certified according to section 126C.17, in
calendar year 2000; and

(ii) the entire amount of the levy certified in the prior calendar year according to
section 124D.86, subdivision 4, for school districts receiving revenue under sections
124D.86, subdivision 3, clauses (1), (2), and (3); 126C.41, subdivisions 1, 2, new text beginparagraph
(a),
new text endand 3
, paragraphs (b), (c), and (d); 126C.43, subdivision 2; 126C.457; and 126C.48,
subdivision 6
.

Sec. 15.

[CORR09-11]

Minnesota Statutes 2008, section 103C.305, subdivision 1,
is amended to read:


Subdivision 1.

Time for election.

Elections must be held at the state general
election specified in section 204D.03, subdivision 2. A primary deleted text beginmay notdeleted text endnew text begin mustnew text end be heldnew text begin if
there are more than two candidates for any available supervisor position
new text end.

new text begin EFFECTIVE DATE.new text end

new text beginThis section is effective for the state primary in 2010 and
thereafter.
new text end

Sec. 16. new text beginEMERALD ASH BORER FUNDS.
new text end

[CORR09-12A]

new text begin All funds appropriated in H.F. No. 1231, if enacted, for Emerald Ash Borer must be
in accordance with the same criteria for all other projects funded in article 1 of that bill.
new text end

Sec. 17.

[CORR09-12B]

2009 H.F. No. 1231, article 1, section 2, subdivision 5,
if enacted, is amended to read:


Subd. 5.

Fish, Game, and Wildlife Habitat

13,903,000
-0-
(a) Outdoor Heritage Conservation Partners
Grant Program

$4,000,000 in fiscal year 2010 is to the
commissioner of natural resources for a deleted text beginpilotdeleted text end
program to provide competitive, matching
grants of up to $400,000 to local, regional,
state, and national organizations, including
government, for enhancement, restoration,
or protection of forests, wetlands, prairies,
and habitat for fish, game, or wildlife in
Minnesota. Up to 6-1/2 percent of this
appropriation may be used for administering
the grant. The funds may be advanced in
three equal sums, on or after November
1, 2009, February 1, 2010, and April 1,
2010. Grantees may protect land through
acquisition of land or interests in land.
Easements must be permanent. Land
acquired in fee must be open to hunting
and fishing during the open season unless
otherwise provided by state law. The
commissioner of natural resources must
agree to each proposed acquisition of land
or interest in land. The program shall
require a match of at least $1 nonstate funds
to $10 state funds. The nonstate dollars
match may be in-kind. The criteria for
evaluating grant applications must include
amount of habitat restored, enhanced,
or protected; local support; degree of
collaboration; urgency; multiple benefits;
habitat benefits provided; consistency with
sound conservation science; adjacency to
protected lands; full funding of the project;
supplementing existing funding; public
access for hunting and fishing during the
open season; sustainability; and use of native
plant materials. All projects must conform
to the Minnesota statewide conservation and
preservation plan. Wildlife habitat projects
must also conform to the state wildlife action
plan. Priority may be given to projects
acquiring land or easements associated
with existing wildlife management areas.
All restoration or enhancement projects
must be on land permanently protected by
conservation easement or public ownership.
To the extent possible, a person conducting
prairie restorations with money appropriated
in this section must plant vegetation or sow
seed only of ecotypes native to Minnesota,
and preferably of the local ecotype, using a
high diversity of species originating from as
close to the restoration site as possible, and
protect existing native prairies from genetic
contamination. Subdivision 10 applies to
grants awarded under this paragraph. This
appropriation is available until June 30,
2013, at which time all grant projects must
be completed and final products delivered,
unless an earlier date is specified in the grant
agreement. No less than 15 percent of the
amount of each grant must be held back from
reimbursement until the grant recipient has
completed a grant accomplishment report in
the form prescribed by and satisfactory to the
Lessard Outdoor Heritage Council.

As a condition of proceeding with this
appropriation, the commissioner shall report
on the feasibility, process, and timeline for
creation of a Minnesota fish and wildlife
foundation, to be modeled after the National
Fish and Wildlife Foundation, and on the
possibility of allowing for the administration
by this entity of the conservation partners
grant program.

The legislative guide created in this act
shall consider whether this program should
be administered by the National Fish and
Wildlife Foundation, the commissioner of
natural resources, or some neutral third party.

(b) Aquatic Management Area Acquisition

$5,748,000 in fiscal year 2010 is to the
commissioner of natural resources to acquire
land in fee title and easement to be added to
the state aquatic management area system.
Acquired land must remain open to hunting
and fishing, consistent with the capacity
of the land, during the open season, as
determined by the commissioner of natural
resources. A list of proposed fee title and
easement acquisitions must be provided as
part of the required accomplishment plan.

(c) Cold Water River and Stream Restoration,
Protection, and Enhancement

$2,050,000 in fiscal year 2010 is to the
commissioner of natural resources for an
agreement with Trout Unlimited or successor
to restore, enhance, and protect cold water
river and stream habitats in Minnesota. A
list of proposed acquisitions and a list of
proposed projects, describing the types and
locations of restorations and enhancements,
must be provided as part of the required
accomplishment plan. The commissioner
of natural resources must agree to each
proposed acquisition, restoration, and
enhancement.

(d) Dakota County Habitat Protection

$1,000,000 in fiscal year 2010 is to the
commissioner of natural resources for
an agreement with Dakota County for
acquisition of permanent easements. A list
of proposed acquisitions must be provided as
part of the required accomplishment plan.

(e) Lake Rebecca Water Quality Improvement
Project

$450,000 in fiscal year 2010 is to the
commissioner of natural resources for an
agreement with the Three Rivers Park
District to improve the water quality in Lake
Rebecca in Lake Rebecca Park Reserve
in Hennepin County. A description of the
activities to enhance fish habitat in Lake
Rebecca must be provided as part of the
required accomplishment plan.

(f) Fountain Lake Fish Barriers

$655,000 in fiscal year 2010 is to the
commissioner of natural resources for
an agreement with the Shell Rock River
Watershed District to construct fish barriers
at three locations on Fountain Lake. Land
acquisition necessary for fish barrier
construction is permitted. A list of proposed
projects, describing the types and locations
of barriers, must be provided as part of
the required accomplishment plan. The
commissioner of natural resources must
agree to each proposed barrier.

Sec. 18. new text beginEFFECTIVE DATE.
new text end

new text begin Unless otherwise provided, each section of this act takes effect at the time the
provision being corrected takes effect.
new text end