Office of the Revisor of Statutes
Minnesota Session Laws - 1983, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1983
CHAPTER 216--H.F.No. 1124
An act relating to Minnesota Statutes; correcting
erroneous, ambiguous, omitted, and obsolete references
and text; eliminating certain redundant, conflicting,
and superseded provisions; providing instructions to
the revisor; correcting miscellaneous oversights,
inconsistencies, ambiguities, unintended results, and
errors of a noncontroversial nature in the 1983
regular session; amending Minnesota Statutes 1982,
sections 10A.275; 10A.31, subdivision 2; 10A.32,
subdivision 3b; 10A.335; 11A.24, subdivision 6; 15.06,
subdivision 1; 16.861, subdivision 3; 17A.06,
subdivision 3; 18.041; 32.212; 32.213; 35.251; 43A.18,
subdivision 5; 45.16, subdivision 2; 48.605,
subdivision 1; 60A.07, subdivision 8; 60A.17,
subdivision 7a; 93.20, subdivision 9; 98.46,
subdivision 16; 100.27, subdivision 9; 112.85,
subdivision 2; 116D.05; 116G.03, subdivision 5;
116J.70, subdivision 2a; 116J.89, subdivision 1b, as
added; 120.80, subdivision 1; 120.81, subdivision 1;
121.904, subdivision 11b; 124.2137, subdivision 1, as
amended; 168.021, subdivision 2; 169.451; 169.974,
subdivision 2; 169.974, subdivision 6; 169.99,
subdivision 1; 171.131, subdivision 2; 179.63,
subdivision 7, as amended; 179.70, subdivision 1;
204D.11, subdivision 1, as amended; 238.04,
subdivision 2; 244.09, subdivision 1; 252A.13,
subdivision 2; 253B.19, subdivision 5; 256.482,
subdivision 1, as amended; 256.871, subdivision 7;
256.976, subdivision 4; 260.185, subdivision 1;
260.193, subdivision 6; 268.18, subdivision 2; 273.13,
subdivisions 6 and 7d; 275.125, subdivision 1; 282.38,
subdivisions 1 and 2; 290.012, subdivision 2; 290.06,
subdivision 2f, as added; 297.02, subdivision 5;
298.28, subdivision 1; 325G.30, subdivision 3, as
amended; 326.241, subdivision 1; 327B.01, subdivisions
11 and 14; 327B.04, subdivision 4; 327B.05,
subdivision 1; 327B.09, subdivision 1; 340.069;
354.532, subdivision 4; 363.03, subdivision 10;
367.41, subdivisions 1 and 5; 367.42, subdivision 1;
375B.01; 381.12, subdivision 2; 383A.35; 398A.01,
subdivision 8; 462.355, subdivision 4; 462.36,
subdivision 1; 462.445, subdivision 14; 462C.04,
subdivision 2; 474.03; 508A.46; 515A.1-102; 518.24;
and 525.619; 586.11, as amended; 609.75, subdivision
3, as amended; amending Laws 1983, chapters 13,
section 4; 25, section 3; 62, section 12; 136, by
adding a section; 149, section 2, subdivision 4; Laws
1982, chapter 581, section 18, subdivision 4; and Laws
1982, Third Special Session chapter 1, article II,
section 7; Laws enacted at the 1983 regular session
styled as S.F. Nos. 682, section 2, subdivision 1;
695, section 17, subdivision 5; 1233, section 2,
subdivision 1; 1234, article 8, section 13; H.F. Nos.
77, sections 9, subdivision 1, and 25, subdivision 1;
1259, article 1, section 45; 1283, section 2,
subdivision 4; 1290, sections 1, 16, and 37; repealing
Minnesota Statutes 1982, section 609.01, subdivision
2; repealing Laws 1976, chapters 2, section 62; and
173, section 53; Laws 1981, chapter 224, section 18;
Laws 1982, chapters 416, section 1; 424, sections 3
and 8; 642, section 8; a law enacted at the 1983
regular session styled as H.F. No. 300, section 75.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
REVISOR'S BILL
Section 1. Minnesota Statutes 1982, section 10A.275, is
amended to read:
10A.275 [MULTICANDIDATE POLITICAL PARTY EXPENDITURES.]
Notwithstanding any other provisions of Laws 1978, Chapter
463 chapter 10A, the following expenditures by a state political
party or a substate unit of a state political party as described
in section 10A.27, subdivision 4, shall not be considered
contributions to or expenditures on behalf of any candidate for
the purposes of section 10A.25 or 10A.27, and shall not be
allocated to any candidates pursuant to section 10A.22,
subdivision 5:
(a) expenditures on behalf of candidates of that party
generally without referring to any of them specifically in any
advertisement published, posted or broadcast;
(b) expenditures for the preparation, display, mailing or
other distribution of an official party sample ballot listing
the names of three or more individuals whose names are to appear
on the ballot;
(c) expenditures for any telephone conversation including
the names of three or more individuals whose names are to appear
on the ballot; or
(d) expenditures for any political party fundraising effort
on behalf of three or more candidates.
Sec. 2. Minnesota Statutes 1982, section 10A.31,
subdivision 2, is amended to read:
Subd. 2. The taxpayer may designate that the $1 $2 be paid
into the account of a political party or into the general
account.
Sec. 3. Minnesota Statutes 1982, section 10A.335, is
amended to read:
10A.335 [LEGISLATIVE MONITORING OF TAX CHECK-OFF.]
For the purpose of determining whether the distribution
formula provided in section 10A.31, subdivision 5, (a) assures
that moneys will be returned to the counties from which they
were collected, and (b) continues to have a rational relation to
the support for particular parties or particular candidates
within legislative districts, it is the intention of this
section that future legislatures monitor, using statistical data
provided by the department of revenue, income tax returns and
renter and homeowner property tax refund returns on which $1 $2,
or in the case of a joint return, $2 $4, is designated for a
political party.
Sec. 4. Minnesota Statutes 1982, section 10A.32,
subdivision 3b, is amended to read:
Subd. 3b. As a condition of receiving a public subsidy for
his election campaign in the form of tax credits against the tax
due from individuals who contribute to his principal campaign
committee a candidate shall agree by stating in writing to the
board at any time beginning with the registration of his
principal campaign committee that his expenditures and approved
expenditures shall not exceed the expenditure limits as set
forth in section 10A.25. The agreement shall remain effective
until the dissolution of the principal campaign committee of the
candidate or the opening of filing for the next succeeding
election for the office held or sought at the time of agreement,
whichever occurs first. An agreement signed under this
subdivision may not be rescinded. The commissioner of revenue
shall not allow any individual or married couple filing jointly
to take a credit against any tax due, pursuant to section
290.06, subdivision 11, for any contribution to a candidate for
legislative or statewide office who has not signed the agreement
provided in this subdivision. Nothing in this subdivision shall
be construed to limit the campaign expenditure of any candidate
who does not sign an agreement under this subdivision but
accepts a contribution for which the contributor claims a credit
against tax due. The board shall forward a copy of any
agreement signed under this subdivision to the commissioner of
revenue. The board shall make available to any candidate
signing an agreement a supply of Official Tax Credit Receipt
forms which state in bold face type that (a) a contributor who
is given a receipt form is eligible to receive a credit against
his tax due in an amount equal to 50 percent of his contribution
but not more than $25 $50 for an individual, or not more than
$50 $100 for a married couple filing jointly, and (b) that the
candidate to whom he has contributed has voluntarily agreed to
abide by campaign expenditure limits. If a candidate does not
sign an agreement under this subdivision he may not issue an
Official Tax Credit Receipt form, or any facsimile thereof, to
any of his contributors. Any candidate who does not voluntarily
agree to abide by the expenditure limits imposed in section
10A.25 and who willfully issues Official Tax Credit Receipt
forms, or any facsimile thereof, to any contributor is guilty of
a misdemeanor.
Sec. 5. Minnesota Statutes 1982, section 11A.24,
subdivision 6, is amended to read:
Subd. 6. [OTHER INVESTMENTS.] (a) In addition to the
investments authorized in subdivisions 1 to 5, and subject to
the provisions in clauses clause (b) and (c), the state board
may invest funds in:
(1) Venture capital investment businesses through
participation in limited partnerships and corporations;
(2) Real estate ownership interests or loans secured by
mortgages or deeds of trust through investment in limited
partnerships, bank sponsored collective funds, trusts, and
insurance company commingled accounts, including separate
accounts;
(3) Regional funds through bank sponsored collective funds
and open-end investment companies registered under the Federal
Investment Company Act of 1940; and
(4) Resource investments through limited partnerships,
private placements and corporations.
(b) The investments authorized in clause (a) may only be
made if they conform to the following provisions:
(1) The aggregate value of all investments made pursuant to
clause (a) shall not exceed 20 percent of the market value of
the fund for which the state board is investing;
(2) There shall be at least four unrelated owners of the
investment other than the state board;
(3) State board participation in an investment vehicle
shall be limited to 20 percent thereof; and
(4) State board participation in a limited partnership does
not include a general partnership interest or other interest
involving general liability. The state board shall not engage
in any activity as a limited partner which creates general
liability.
Sec. 6. Minnesota Statutes 1982, section 15.06,
subdivision 1, is amended to read:
Subdivision 1. [APPLICABILITY.] This section applies to
the following departments or agencies: the departments of
administration, agriculture, corrections, economic development,
economic security, education, employee relations, energy,
planning and development, finance, health, human rights, labor
and industry, natural resources, personnel, public safety,
public welfare, revenue, transportation, and veterans affairs;
the banking, insurance, and securities and real estate divisions
and the consumer services section of the department of commerce;
the energy, housing finance and pollution control agencies; the
office of commissioner of iron range resources and
rehabilitation; the bureau of mediation services; and their
successor departments and agencies. The heads of the foregoing
departments or agencies are referred to in this section as
"commissioners."
Sec. 7. Minnesota Statutes 1982, section 16.861,
subdivision 3, is amended to read:
Subd. 3. [CERTIFICATION.] The personnel department of
employee relations of the state of Minnesota, with the approval
of the commissioner, shall either:
(a) Prepare and conduct oral, written and practical
examinations to determine if a person is qualified pursuant to
subdivision 2 to be a building official or
(b) Accept documentation of successful completion of
programs of training developed by public agencies, as proof of
qualification pursuant to subdivision 2.
Upon a determination of qualification under either clause
(a) or (b) of this section the commissioner shall issue or cause
to be issued a certificate to the building official stating that
he is so certified. Each person applying for examination and
certification pursuant to this section shall pay a fee of $20.
The personnel department of employee relations and the
commissioner or his designee may establish classes of
certification that will recognize the varying complexities of
code enforcement in the municipalities within the state. Except
as provided by subdivision 2, no person shall act as a building
official for any municipality unless the personnel department of
employee relations and the commissioner determine that he is so
qualified. The personnel department of employee relations may,
with approval of the commissioner, prepare and conduct
educational programs designed to train and assist building
officials in carrying out their responsibilities and may
institute any such program after July 1, 1972. The commissioner
shall reimburse the personnel department of employee relations
for costs of any services performed by them pursuant to Laws
1971, chapter 561.
Sec. 8. Minnesota Statutes 1982, section 17A.06,
subdivision 3, is amended to read:
Subd. 3. [LEGAL NOTICE.] Prior to a hearing, the
commissioner shall notify by certified mail all known potential
claimants and publish a notice setting forth the default of the
licensee and requiring all claimants to file proof of claim with
the commissioner within three months of the date such notice is
published or be barred from participating in the proceeds of the
bond. Such publication shall be made for three consecutive
weeks in a newspaper published at the county seat of the county
in which the licensee has his principal place of business. The
commissioner shall also fulfill any notice requirements
prescribed by chapter 14 and rules of the hearing examiner
office of administrative hearings. No claim shall be allowed
unless it is filed with the commissioner within one year of the
date of the transaction. If a livestock market agency or
livestock dealer has on file a Packers and Stockyards Act bond
and is registered with the Packers and Stockyards
Administration, the terms of the bond or that federal agency's
regulations will control in determining the time for filing
claims.
Sec. 9. Minnesota Statutes 1982, section 32.212, is
amended to read:
32.212 [MILK HOUSES FOR BULK TANKS.]
Any producer using a bulk tank for cooling and storage of
milk to be used for manufacturing purposes shall have an
enclosed milk room which shall conform to the standards provided
by sections 32.212 and 32.213. The floor shall be constructed
of concrete or other impervious material, maintained in good
repair, and graded to provide proper drainage. The walls and
ceilings of the room shall be sealed and constructed of smooth
easily cleaned material. All windows shall be screened and
doors shall be self-closing. It shall be well ventilated and
must meet the following requirements:
(1) The bulk tank shall not be located over a drain or
under a ventilator.
(2) The hose port shall be located in an exterior wall and
fitted with a tight self-closing door.
(3) Each milk room shall have an adequate supply of water
readily accessible with facilities for heating the water, to
insure the cleaning and sanitizing of the bulk tank, utensils
and equipment and the keeping of the milk room clean.
(4) No lights shall be placed directly over the bulk tank.
(5) The bulk tank shall be properly located in the milk
room for easy access to all areas for cleaning and servicing.
(6) The milkhouse shall be used only for storage of milk,
milk utensils, and supplies incidental to the production of milk.
(7) Sections 32.212 and 32.213 shall become are effective
July 1, 1965, for all subsequent installations of bulk tanks for
milk produced for manufacturing purposes.
(8) On and after October 1, 1969, sections 32.212 and
32.213 apply to all bulk tank installations existing prior to
July 1, 1965.
(9) After October 1, 1969, No milk processor shall buy milk
from any producer of milk using a bulk tank to be used for
manufacturing purposes unless such producer has complied with
the provisions of section 32.212.
(10) (9) After July 1, 1965, no person shall install a bulk
tank except in a milk room or milkhouse which complies with the
provisions of sections 32.212 and 32.213.
(11) (10) The enforcement of sections 32.212 and 32.213
shall be administered by the Minnesota department of agriculture.
(12) (11) Any person violating any provisions of sections
32.212 and 32.213 shall be punished by a fine of not more than
$50.
Sec. 10. Minnesota Statutes 1982, section 32.213, is
amended to read:
32.213 [INFORMATION ON SALE OF BULK TANKS.]
No bulk tank designed for the cooling and storage of milk
shall be sold to anyone other than a wholesaler or dealer in
such bulk tanks after July 1, 1965, without the seller
delivering to the buyer an exact copy of sections 32.212 and
32.213 at or prior to the time of delivery of such bulk tank to
the buyer.
Sec. 11. Minnesota Statutes 1982, section 35.251, is
amended to read:
35.251 [ANAPLASMOSIS TESTING.]
Subdivision 1. All breeding cattle entering Minnesota
shall have a health certificate evidencing a negative test for
anaplasmosis conducted at a state or federal laboratory within
30 days of entry. Cattle not so certified shall be immediately
quarantined and tested for anaplasmosis at the expense of the
cattle owner. Cattle having a positive reaction to the
anaplasmosis test shall remain quarantined until testing free of
anaplasmosis or be slaughtered. An anaplasmosis test shall not
be required of steers, cattle shipped directly to a slaughtering
establishment, cattle sent to a quarantine feed lot, and other
cattle excepted by rule of the livestock sanitary board of
animal health. The livestock sanitary board is authorized to
adopt rules to implement the provisions of this section.
Subd. 2. This section is effective January 1, 1981 except
that the provision authorizing the livestock sanitary board to
adopt rules is effective April 4, 1980.
Sec. 12. Minnesota Statutes 1982, section 43A.18,
subdivision 5, is amended to read:
Subd. 5. [GOVERNOR TO SET CERTAIN SALARIES.] The governor
shall, on or before January 31 of each odd numbered year, submit
to the legislative commission on employee relations
recommendations for salaries for the positions listed in
sections 15A.081 and 15A.083. The governor may also propose
additions or deletions of positions from those listed.
(a) Before submitting the recommendations, the governor
shall consult with the commissioner of administration, the
commissioner of finance, and the commissioner of employee
relations concerning the recommendations. Before submitting
recommendations for an employee in the office of a
constitutional officer, the governor shall consult with the
constitutional officer concerning the recommendations and shall
give due consideration to the advice of the officer;
(b) Except for positions for which salary ranges have been
established, the recommendations shall contain a specific salary
for each position listed in sections 15A.081 and 15A.083. The
governor shall determine only a fixed salary for the positions
of the constitutional officers, the judges of the workers'
compensation court of appeals and the commissioner of public
service;
(c) In making recommendations, the governor shall consider
only those criteria established in subdivision 7 8 and shall not
take into account performance of individual incumbents. The
governor shall establish an objective system for quantifying
knowledge, abilities, duties, responsibilities and
accountabilities and in determining recommendations rate each
position by this system; and
(d) The initial salary of a head of an agency hereafter
established whose salary is not specifically prescribed by law
shall be fixed by the governor, after consultation with the
commissioner, whose recommendation shall be advisory only, in an
amount comparable to the salary of an agency head having similar
duties and responsibilities.
Sec. 13. Minnesota Statutes 1982, section 45.16,
subdivision 2, is amended to read:
Subd. 2. (a) Act as the representative of the governor in
all matters affecting consumer affairs;
(b) Enforce the provisions of law relating to consumer
fraud and unlawful practices in connection therewith as set
forth in sections 325F.68 and 325F.69, and the attorney general
shall act for the division in pursuing the remedies set forth in
section 325F.70;
(c) Make recommendations to the chairman of the commerce
commission for transmission to the governor and the legislature
for such statutory needs as may exist in adequately protecting
the consumer;
(d) Receive registration statements and annual reports of
persons soliciting charitable funds in accordance with the
requirements of sections 309.50 to 309.61, in lieu of the duties
of the secretary of state in connection therewith. The duties
of the secretary of state under such sections are hereby
abolished and the activity assigned to the department of
commerce, division of licensing and consumer services as
provided herein;
Adopt, pursuant to the Administrative Procedures Act, rules
and regulations to implement the provisions of this section.
Sec. 14. Minnesota Statutes 1982, section 48.605,
subdivision 1, is amended to read:
Subdivision 1. Any state bank may grant options to
purchase, sell, or enter into agreements to sell shares of its
capital stock to its employees, for a consideration of not less
than 100 percent of the fair market value of the shares on the
date the option is granted or, if pursuant to a stock purchase
plan, 85 percent of the fair market value on the date the
purchase price is fixed, pursuant to the terms of an employee
restricted stock option plan or employee stock purchase plan
which has been adopted by the board of directors of the bank and
approved by the holders of at least three-fourths of the
outstanding shares of the bank entitled to vote and by the
commissioner of banks. Stock options issued hereunder shall not
extend beyond a period of ten years from date of issuance and
shall otherwise qualify as restricted stock options under the
Internal Revenue Code, and acts amendatory thereof, and
Minnesota Statutes, Section 290.0781.
Sec. 15. Minnesota Statutes 1982, section 60A.07,
subdivision 8, is amended to read:
Subd. 8. [SPECIAL PROVISIONS AS TO MUTUAL COMPANIES.] (1)
[AMENDMENT OF ARTICLES OR CERTIFICATE OF INCORPORATION.] The
certificate of incorporation or articles of association of any
domestic insurance company without capital stock, now or
hereafter organized and existing under the laws of this state,
may be amended in respect to any matter which an original
certificate of incorporation or articles of association of a
corporation of the same kind might lawfully have contained by
the adoption of a resolution specifying the proposed amendment,
at a regular meeting of the members thereof or at a special
meeting called for that expressly stated purpose, by the
affirmative vote of a majority of the members present, in person
or by proxy, at the meeting, and by causing the resolution to be
embraced in a certificate duly executed by its president and
secretary or other presiding and recording officers, under its
corporate seal, and approved, filed, recorded, and published in
the manner prescribed by law for the execution, approval,
filing, recording, and publishing of a like original certificate
of incorporation or articles of association.
(2) [RENEWAL OF CORPORATE EXISTENCE.] Any domestic
insurance company or corporation having no capital stock,
heretofore or hereafter organized and existing under the laws of
this state, whose period of duration has expired or is about to
expire, may, on or before the date of the expiration, or within
six months after the date of expiration, renew its corporate
existence from the date of such expiration for any period
permitted by the laws of this state, by the adoption of a
resolution to that effect by the affirmative vote of
three-fourths of the members present, in person or by proxy, at
a regular meeting of the members, or at any special meeting
called for that expressly stated purpose, and by causing the
resolution to be embraced in a certificate duly executed by its
president and secretary or other presiding and recording
officers, under its corporate seal, and approved, filed,
recorded, and published in the manner prescribed by law for the
execution, approval, filing, recording, and publishing of an
original certificate of incorporation or articles of association.
(3) [BYLAWS.] The bylaws of any domestic insurance
corporation without capital stock, in cases where the bylaws
must be adopted or approved by the members thereof, may be
adopted, altered, or amended at a regular meeting of the members
thereof, or at a special meeting called for that expressly
stated purpose, by the affirmative vote of a majority of the
members present, in person or by proxy, at the meeting.
(4) [CONVERSION OF A DOMESTIC MUTUAL INTO A STOCK INSURANCE
CORPORATION.] A domestic mutual corporation may be converted
into a stock insurance corporation as follows:
(a) [ACTION BY BOARD OF DIRECTORS.] The board of directors
shall adopt a plan of conversion.
(b) [PLAN OF CONVERSION.] (i) The plan of conversion shall
provide that, upon consummation of the conversion, each
policyholder at the date of the passage of the resolution by the
board of directors shall be entitled to such shares of stock of
the new company as his equitable share of the surplus of the
company will purchase. This equitable share shall be determined
by independent certified auditors or consulting actuaries and
shall be subject to approval by the commissioner. If a
policyholder's equitable share of the surplus of the company
produces a fractional share, the policyholder shall be given the
option of either receiving the value of the fractional share in
cash or of purchasing the fractional part of a share that will
entitle him to a full share.
(ii) No shares of the corporation being organized shall be
issued or subscribed for, formally or informally, directly or
indirectly during the conversion except as authorized under
subparagraph (i).
(iii) The corporation shall not pay compensation or
remuneration of any kind to any person in connection with the
proposed conversion, except at reasonable rates for printing
costs, and for legal and other professional fees for services
actually rendered.
(iv) The plan of conversion shall include a copy of the
proposed articles of incorporation which shall comply with the
requirements of chapter 300. Except as otherwise specifically
provided, the corporation resulting from conversion under this
section shall be deemed to have been organized as of the date of
issuance of the initial certificate of authority to the mutual
corporation being converted.
(c) [APPROVAL BY POLICYHOLDERS.] Within 30 days after its
adoption by the board of directors, the plan of conversion shall
be submitted to the policyholders for approval by the
affirmative vote of a majority of the policyholders entitled to
vote, in the manner prescribed by subparagraph (1). Every
policyholder as of the date of the adoption under subparagraph
(a) shall be entitled to one vote for each policy held by him.
Only such policyholders shall be entitled to vote.
(d) [APPROVAL BY THE COMMISSIONER.] (i) Within 30 days
after its adoption by the policyholders, the plan of conversion
shall be submitted to the commissioner with an application for
his approval.
(ii) The commissioner shall not approve if the value of
single shares is set at a figure that substantially burdens
policyholders who wish to purchase a fractional share under
subparagraph (b)(i).
(iii) If the commissioner finds that the plan of conversion
has been duly approved by the policyholders, that the conversion
would not violate any law and would not be contrary to the
interests of the policyholders, he shall approve the plan of
conversion and shall issue a new certificate of authority to the
corporation.
(e) [CONVERSION.] After filing an amendment of the articles
of incorporation as provided by chapter 300, the corporation
shall become a stock corporation and shall no longer be a mutual
corporation, and the board of directors shall execute the plan
of conversion.
(f) [SECURITIES REGULATION.] The filing with the department
of securities of a certified copy of the plan of conversion as
adopted by the policyholders and approved by the commissioner
shall constitute registration under chapter 80 80A, of the
securities authorized to be issued to policyholders thereunder.
Sec. 16. Minnesota Statutes 1982, section 60A.17,
subdivision 7a, is amended to read:
Subd. 7a. [SURRENDER, LOSS, OR DESTRUCTION OF LICENSE.]
(a) The commissioner shall promptly notify the licensee and all
appointing insurers, where applicable, of any suspension,
revocation, or termination of the licensee's agent's license by
the commissioner. Upon receipt of the notice of suspension or
revocation of a license, the licensee shall immediately deliver
it to the commissioner.
(b) An agent whose resident or nonresident license is
terminated as provided in subdivision 6b 6c, shall deliver the
terminated license to the commissioner by personal delivery or
by mail within 30 days after the date of termination.
(c) The commissioner may issue a duplicate license for any
lost, stolen, or destroyed license issued pursuant to this
section upon an affidavit of the licensee concerning the facts
of the loss, theft, or destruction, and the payment of a fee of
$3 by money order or cashier's check payable to the state
treasurer.
(d) An insurance agent shall notify the commissioner within
30 days of any fine imposed on that agent by another state or of
a suspension or revocation of license by the commissioner of
insurance of this or any other state.
Sec. 17. Minnesota Statutes 1982, section 93.20,
subdivision 9, is amended to read:
Subd. 9. (1) The royalties to be paid by the part..... of
the second part to the party of the first part on ore removed in
each calendar year that this lease remains in force as
hereinafter specified shall be increased or decreased for that
calendar year in the same proportion that the market value of
standard grade Mesabi Non-Bessemer iron ore containing 51.50
percent iron, natural analysis, at lower lake ports, as of April
first of that year, is increased or decreased above or below the
corresponding market value of such standard ore that prevailed
at the time of submission of the application for a prospecting
permit on the mining unit covered by this lease; provided, that,
in no case shall such royalties be less than the minimum
royalties prescribed by law. For the purposes hereof, the
market value of such standard ore as of the date of application
for a prospecting permit on the mining unit covered by this
lease, as determined by the commissioner of natural resources,
was ............. Dollars ($........). As soon as practicable
after April first of each year, the commissioner of natural
resources shall determine the market value of such standard
grade of Mesabi Non-Bessemer ore as of said date, shall file his
order thereon in his office, shall file certified copies thereof
in the offices of the state treasurer and commissioner of
finance, and shall mail a certified copy thereof to the
part..... of the second part. The market value so determined
shall govern for the purpose of computing royalties due under
this lease on ore removed during such calendar year. If such
determination is not made in time for use in computing any such
royalty, such royalty shall be computed and paid when due at the
last rate theretofore in force under the provisions hereof,
subject to adjustment as hereinafter provided. Upon the
determination by the commissioner of the applicable market value
of ore, if it appears that the amount theretofore paid for any
royalty subject to such determination was less or greater than
the correct amount based on such determination, any deficiency
in such payment shall be added to and paid together with the
rental or royalty due at the next following quarterly payment
date hereunder, and any excess in such payment shall be applied
as a credit upon rentals or royalties subsequently due hereunder
as the case may be.
(2) If the part..... of the second part shall dispute any
determination by the commissioner of the market value of such
standard ore, the royalties affected thereby shall nevertheless
be paid when due at the rates based on such determination;
provided, that upon making any such payment when due, the
part..... of the second part may file with the commissioner a
protest against such determination, specifying the amount
alleged to be the true market value of such standard ore for the
purpose of computing such royalty. If the dispute involves the
determination of the market value of such standard ore as of the
date of application for a prospecting permit, as set forth in
subdivision 9 (1) above, such protest shall be filed once only
and then within 30 days after the first royalty payments are
due. Within 30 days after filing such protest, the part..... of
the second part may bring an action against the commissioner in
the district court for Ramsey county for a declaratory judgment
determining the market value of the ore in dispute as stated in
the protest. Upon the taking effect of final judgment in such
action, the value determined thereby shall supersede the value
determined by the commissioner for the purposes hereof, and
adjustment of the amounts paid or payable for royalties shall be
made accordingly in like manner as hereinbefore provided upon
determination of market value by the commissioner. If such
action is not brought within the time aforesaid, the
commissioner's determination of market value shall be final. In
case the part..... of the second part shall be entitled to any
adjustment on account of overpayment of royalties hereunder, and
the rentals or royalties subsequently due on or before the
termination of this lease are not sufficient to make such
adjustment as hereinbefore provided, the excess of such
royalties paid above the amount adjustable against subsequent
rentals or royalties shall be refunded to the part..... of the
second part as provided by Minnesota Statutes 1949, section
6.136 16A.48.
Sec. 18. Minnesota Statutes 1982, section 98.46,
subdivision 16, is amended to read:
Subd. 16. Fees for the following licenses, to be issued to
nonresidents, shall be:
To buy or sell raw furs, $500, except that a license shall
not be required to buy from those licensed under subdivision 4,
clause (2) (3).
To guide bear hunters, $400.
Sec. 19. Minnesota Statutes 1982, section 100.27,
subdivision 9, is amended to read:
Subd. 9. In addition to the season prescribed in
subdivision 2, clause (6) (1), bear may be taken in such areas
of the state, under such restrictions, and on such dates as the
commissioner may, by order, provide. Nothing in this
subdivision shall prevent a person from taking a bear to protect
his property. Such taking shall be reported to a conservation
officer within 48 hours. Bear so taken may thereafter be
disposed of in the same manner as provided in section 97.50,
subdivision 5, for the disposition of wild animals unlawfully
taken.
Sec. 20. Minnesota Statutes 1982, section 112.85,
subdivision 2, is amended to read:
Subd. 2. Upon the hearing if it appears to the board that
the territory as described in the petition has been not and will
not receive any benefit from the operation of the district and
that the district can perform the functions for which it was
established without the inclusion of said territory, and that
said territory is not, in fact, a part of the watershed, the
board may issue an order releasing the territory, or any part of
said territory, as described in the petition. No lands shall be
released which have been determined subject to any benefits or
damages for any improvement previously constructed. The
territory so released shall remain liable for its proportionate
share of any indebtedness existing at the time of the order.
Levies on the lands shall continue in force until fully paid.
If the board shall determine that the order prescribing the
distribution of managers should be amended following the
withdrawal of any territory it may so direct in the order
authorizing the withdrawal.
Sec. 21. Minnesota Statutes 1982, section 116D.05, is
amended to read:
116D.05 [REVIEW OF AUTHORITY, REPORT.]
All agencies of the state government shall review their
present statutory authority, administrative regulations rules,
and current policies and procedures for the purpose of
determining whether there are any deficiencies or
inconsistencies therein that prohibit full compliance with the
purposes and provisions of sections 116D.01 to 116D.06, and
shall propose to the governor not later than July 1, 1974, such
measures as may be necessary to bring their authority and
policies into conformity with the intent, purposes, and
procedures set forth in Laws 1973, chapter 412.
Sec. 22. Minnesota Statutes 1982, section 116G.03,
subdivision 5, is amended to read:
Subd. 5. "Regional development commission" means any
regional development commission created pursuant to Minnesota
Statutes 1971, sections 462.381 to 462.396, inclusive and the
metropolitan council created by Minnesota Statutes 1971, chapter
473B 473.
Sec. 23. Minnesota Statutes 1982, section 116J.70,
subdivision 2a, is amended to read:
Subd. 2a. [LICENSE; EXCEPTIONS.] "Business license" or
"license" does not include the following:
(1) Any occupational license issued by a licensing board
listed in section 214.01 or any occupational registration issued
by the commissioner of health pursuant to section 214.13;
(2) Any license issued by a county, home rule charter city,
statutory city, township or other political subdivision;
(3) Any license required to practice the following
occupation regulated by the following sections:
(a) Abstracters regulated pursuant to chapter 386;
(b) Accountants regulated pursuant to chapter 326;
(c) Adjusters regulated pursuant to chapter 72B;
(d) Architects regulated pursuant to chapter 326;
(e) Assessors regulated pursuant to chapter 270;
(f) Attorneys regulated pursuant to chapter 481;
(g) Auctioneers regulated pursuant to chapter 330;
(h) Barbers regulated pursuant to chapter 154;
(i) Beauticians regulated pursuant to chapter 155 155A;
(j) Boiler operators regulated pursuant to chapter 183;
(k) Chiropractors regulated pursuant to chapter 148;
(l) Collection agencies regulated pursuant to chapter 332;
(m) Cosmetologists regulated pursuant to chapter 155 155A;
(n) Dentists and dental hygienists regulated pursuant to
chapter 150A;
(o) Detectives regulated pursuant to chapter 326;
(p) Electricians regulated pursuant to chapter 326;
(q) Embalmers regulated pursuant to chapter 149;
(r) Engineers regulated pursuant to chapter 326;
(s) Insurance brokers and salespersons regulated pursuant
to chapter 60A;
(t) Midwives regulated pursuant to chapter 148;
(u) Morticians regulated pursuant to chapter 149;
(v) Nursing home administrators regulated pursuant to
chapter 144A;
(w) Optometrists regulated pursuant to chapter 148;
(x) Osteopathic physicians regulated pursuant to chapter
147;
(y) Pharmacists regulated pursuant to chapter 151;
(z) Physical therapists regulated pursuant to chapter 148;
(aa) Physicians and surgeons regulated pursuant to chapter
147;
(bb) Plumbers regulated pursuant to chapter 326;
(cc) Podiatrists regulated pursuant to chapter 153;
(dd) Practical nurses regulated pursuant to chapter 148;
(ee) Professional fundraisers regulated pursuant to chapter
309;
(ff) Psychologists regulated pursuant to chapter 148;
(gg) Real estate brokers, salespersons and others regulated
pursuant to chapters 82 and 83;
(hh) Registered nurses regulated pursuant to chapter 148;
(ii) Securities brokers, dealers, agents and investment
advisers regulated pursuant to chapter 80A;
(jj) Steamfitters regulated pursuant to chapter 326;
(kk) Teachers and supervisory and support personnel
regulated pursuant to chapter 125;
(ll) Veterinarians regulated pursuant to chapter 156;
(mm) Watchmakers regulated pursuant to chapter 326;
(nn) Water conditioning contractors and installers
regulated pursuant to chapter 326;
(oo) Water well contractors regulated pursuant to chapter
156A;
(pp) Water and waste treatment operators regulated pursuant
to chapter 115;
(qq) Motor carriers regulated pursuant to chapter 221;
(4) Any driver's license required pursuant to chapter 171;
(5) Any aircraft license required pursuant to chapter 360;
(6) Any watercraft license required pursuant to chapter 361;
(7) Any license, permit, registration, certification, or
other approval pertaining to a regulatory or management program
related to the protection, conservation, or use of or
interference with the resources of land, air or water, which is
required to be obtained from a state agency or instrumentality;
and
(8) Any pollution control rule or standard established by
the pollution control agency or any health rule or standard
established by the commissioner of health.
Sec. 24. Minnesota Statutes 1982, section 120.80,
subdivision 1, is amended to read:
Subdivision 1. Notwithstanding any law to the contrary,
any secondary school student who has completed all required
courses may, with the approval of the student, his parent or
guardian, and local school officials, graduate prior to the
completion of the school year. All aid which such student, had
he not graduated, would have earned for the district pursuant to
section 124.212 sections 124.2121 to 124.2128, plus that portion
of the amount raised by the local tax levy which results from
such transitional year students shall continue to be earned by
the district.
Sec. 25. Minnesota Statutes 1982, section 120.81,
subdivision 1, is amended to read:
Subdivision 1. Effective October 1, 1977, no funds
appropriated by the state shall be transferred to or expended
with or by the Minnesota educational computing consortium unless
the consortium adheres to the provisions of chapters 15, 16,
excepting sections 16.90 and 16.94 thereof, 16A and 43 43A.
Sec. 26. Minnesota Statutes 1982, section 121.904,
subdivision 11b, is amended to read:
Subd. 11b. (1) Each district affected by the provisions of
subdivision 11a shall account for and expend according to the
provisions of this subdivision the total amount by which its
1976 payable 1977 and its 1977 payable 1978 permissible levies
pursuant to section 275.125 were reduced on account of payments
pursuant to sections 294.21 or 294.28; 298.23 to 298.28; 298.32;
298.34 to 298.39; 298.391 to 298.396; 298.405; 298.51 to 298.67;
any law imposing a tax upon severed mineral values, or under any
other law distributing proceeds in lieu of ad valorem tax
assessments on copper or nickel properties. Notwithstanding the
provisions of section 124.212, subdivision 8a, clause (2)
124.2132, subdivision 5, clause (2) and the provisions of
section 275.125, subdivision 9, clause (2) or any other law to
the contrary, this total amount shall not be applied to reduce
the foundation aid which the district is entitled to receive
pursuant to section 124.212 sections 124.2121 to 124.2128 or
again be applied to reduce the permissible levies of the
district.
(2) The lesser of the amount in (1) or an amount equal to
$200 times the pupil units in the district computed pursuant to
section 124.17 for the 1977-1978 school year shall be reflected
in an "appropriated fund balance reserve account for current use
of taconite payments" which shall be established in the general
fund. Each school year, beginning in 1978-1979, each affected
district shall transfer an amount equal to $20 times the number
of pupil units in the district in 1977-1978 out of this account
into other operating accounts in the general fund, until the
amount transferred equals the amount originally reflected in the
reserve account; provided that in the last year in which the
district is required to make this transfer, it shall transfer
the balance of the reserve account, not to exceed an amount
equal to $20 times the number of pupil units in the district in
1977-1978. Notwithstanding the provisions of section 121.917,
each affected district may use the amount so transferred each
year to increase its expenditures above the amount it would
otherwise be authorized to expend in that school year.
(3) Of the amount in (1), any amount not reflected in the
account established pursuant to clause (2) shall be reflected in
the district's appropriated fund balance reserve account for
purposes of reducing statutory operating debt, if the district
has established this account pursuant to section 275.125,
subdivision 9a. The June 30, 1977 statutory operating debt of
the district shall be reduced by the amount so reflected and
shall be recertified accordingly by the commissioner.
(4) Notwithstanding the provisions of section 121.912, any
portion of the amount in (1) remaining after the application of
clauses (2) and (3) shall be transferred to the district's
capital expenditure fund; provided that before July 1, 1979 not
exceeding $75,000 of the amount transferred to the capital
expenditure fund pursuant to this clause may be transferred to
the district's general fund.
Sec. 27. Minnesota Statutes 1982, section 168.021,
subdivision 2, is amended to read:
Subd. 2. [DESIGN OF PLATES; FURNISHING BY REGISTRAR.] The
registrar of motor vehicles shall design and furnish two license
number plates with attached emblems to each such owner. The
emblem shall bear the internationally accepted wheelchair
symbol, as designated in Minnesota Statutes 1974, Section
299G.12 section 16.8632, approximately three inches square. The
emblem shall be of such size as to be visible plainly from a
distance of 50 feet. Applicants eligible for these special
plates shall pay the motor vehicle registration fee authorized
by law less a credit of $1 for each month registered.
Sec. 28. Minnesota Statutes 1982, section 169.451, is
amended to read:
169.451 [SCHOOL BUS INSPECTION.]
Subdivision 1. The Minnesota state patrol shall inspect
every school bus annually to ascertain whether its construction,
design, equipment, and color comply with all provisions of law.
Subd. 2. No person shall drive, or no owner shall
knowingly permit or cause to be driven, any school bus unless
there is displayed thereon a certificate issued by the
commissioner of public safety stating that on a certain date,
which shall be within 13 months of the date of operation, a
member of the Minnesota state patrol inspected the bus and found
that on the date of inspection the bus complied with the
applicable provisions of state law relating to construction,
design, equipment, and color. The commissioner of public safety
shall provide by rule or regulation for the issuance and display
of distinctive inspection certificates.
Subd. 3. Not later than January 1, 1975 The commissioner
of public safety shall provide by rule and regulation a point
system for evaluating the effect on safety operation of any
variance from law detected during school bus inspections
conducted pursuant to subdivision 1.
Sec. 29. Minnesota Statutes 1982, section 169.974,
subdivision 2, is amended to read:
Subd. 2. [LICENSE REQUIREMENTS.] No person shall operate a
motorcycle on any street or highway unless he has a valid
standard driver's license with a two-wheeled vehicle endorsement
as provided by law. No such two-wheeled vehicle endorsement
shall be issued unless the person applying therefor has in
possession a valid two-wheeled vehicle instruction permit as
provided herein, has passed a written examination and road test
administered by the department of public safety for such
endorsement, and, in the case of applicants under 18 years of
age, shall present a certificate or other evidence of having
successfully completed an approved two-wheeled vehicle driver's
safety course in this or another state, in accordance with rules
promulgated by the state board of education for courses offered
through the public schools, or rules promulgated by the
commissioner of public safety for courses offered by a private
or commercial school or institute. The commissioner of public
safety may waive the road test for any applicant if he
determines that the applicant possesses a valid license to
operate a two-wheeled vehicle issued by a jurisdiction that
requires a comparable road test for license issuance. A
two-wheeled vehicle instruction permit shall be issued to any
person over 16 years of age, who is in possession of a valid
driver's license, who is enrolled in an approved two-wheeled
vehicle driver's safety course, and who has passed a written
examination for such permit and has paid such fee as the
commissioner of public safety shall prescribe. A two-wheeled
vehicle instruction permit shall be effective for 45 days, and
may be renewed under rules to be prescribed by the commissioner
of public safety.
No person who is operating by virtue of a two-wheeled
vehicle instruction permit shall:
(a) Carry any passengers on the streets and highways of
this state on the motorcycle which he is operating;
(b) Drive the motorcycle at night time;
(c) Drive the motorcycle on any highway marked by the
commissioner as an interstate highway pursuant to title 23 of
the United States Code.
(d) Drive the motorcycle without wearing protective
headgear of a type approved by the commissioner of public safety.
Notwithstanding the provisions of this subdivision, the
commissioner of public safety may, however, issue a special
motorcycle permit, restricted or qualified in such manner as he
shall deem proper, to any person demonstrating a need therefor
and unable to qualify for a standard driver's license.
Sec. 30. Minnesota Statutes 1982, section 169.974,
subdivision 6, is amended to read:
Subd. 6. [NEGLIGENCE; DAMAGES WITHOUT PROTECTIVE
HEADGEAR.] In an action to recover damages for negligence
resulting in any head injury to an operator or passenger of a
motorcycle, evidence of whether or not the injured person was
wearing protective headgear of a type approved by the
commissioner of public safety shall be admissible only with
respect to the question of damages for head injuries. Damages
for head injuries of any person who was not wearing protective
headgear shall be reduced to the extent that those injuries
could have been avoided by wearing protective headgear of a type
approved by the commissioner of public safety. For the purposes
of this subdivision "operator or passenger" means any operator
or passenger regardless of whether that operator or passenger
was required by law to wear protective headgear approved by the
commissioner of public safety.
Sec. 31. Minnesota Statutes 1982, section 169.99,
subdivision 1, is amended to read:
Subdivision 1. Except as provided in subdivision 3, there
shall be a uniform ticket issued throughout the state by the
police and peace officers or by any other person for violations
of the highway traffic regulations, which are Minnesota Statutes
1957, Chapter 169 and acts amendatory thereof, this chapter and
ordinances in conformity thereto. Such uniform traffic ticket
shall be in the form and have the effect of a summons and
complaint. There shall also be included on the uniform ticket a
receipt in lieu of bail which, when signed by the defendant,
shall be a guarantee by him of his appearance in the court
having jurisdiction over the matter. The uniform traffic ticket
shall consist of four parts, on paper sensitized so that copies
may be made without the use of carbon paper, as follows:
(1) the complaint, with reverse side for officer's notes
for testifying in court, driver's past record, and court's
action, printed on white paper;
(2) the abstract of court record for the department of
public safety, which shall be a copy of the complaint with the
certificate of conviction on the reverse side, printed on yellow
paper;
(3) the police record, which shall be a copy of the
complaint and of the reverse side of copy (1), printed on pink
paper;
(4) the summons, with, on the reverse side, such
information as the court may wish to give concerning the traffic
violations bureau, and a plea of guilty and waiver, printed on
off-white tag stock.
Sec. 32. Minnesota Statutes 1982, section 171.131,
subdivision 2, is amended to read:
Subd. 2. Any physician reporting in good faith and
exercising due care shall have immunity from any liability,
civil or criminal, that otherwise might result by reason of his
actions pursuant to the this section. No cause of action may be
brought against any physician for not making a report pursuant
to this section.
Sec. 33. Minnesota Statutes 1982, section 179.70,
subdivision 1, is amended to read:
Subdivision 1. A written contract or memorandum of
contract containing the agreed upon terms and conditions of
employment and such other matters as may be agreed upon by the
employer and exclusive representative shall be executed by the
parties. The duration of the contract shall be negotiable
except in no event shall contracts be for a term exceeding three
years. Any contract between employer school board and an
exclusive representative of teachers shall in every instance be
for a term of two years beginning on July 1 of each odd-numbered
year. For contracts effective July 1, 1979 or thereafter, the
written contract executed by an employer school board and an
exclusive representative of teachers shall contain the teachers'
compensation including fringe benefits for the entire two-year
term and shall not contain a wage reopening clause or any other
provision for the renegotiation of the teachers' compensation
for the second year of the contract. All contracts shall
include a grievance procedure which shall provide compulsory
binding arbitration of grievances including all disciplinary
actions. In the event that the parties cannot reach agreement
on the grievance procedure, they shall be subject to the
grievance procedure promulgated by the director pursuant to
section 179.71, subdivision 5, clause (i) (h). Employees
covered by civil service systems created pursuant to chapters 43
43A, 44, 375, 387, 419 or 420, or by provision of a home rule
charter pursuant to chapter 410, or by Laws 1941, chapter 423,
may pursue a redress of their grievances through the grievance
procedure established pursuant to this section. When the
resolution of a grievance is also within the jurisdiction of
appeals boards or appeals procedures created by chapters 43 43A,
44, 375, 387, 419 or 420, or by provision of a home rule charter
pursuant to chapter 410, or by Laws 1941, chapter 423, the
aggrieved employee shall have the option of pursuing redress
through the grievance procedure or the civil service appeals
procedure, but once a written grievance or appeal has been
properly filed or submitted by the employee or on the employee's
behalf with his consent the employee's right to pursue redress
in the alternative manner is terminated. This section does not
require employers or employee organizations to negotiate on
matters other than terms and conditions of employment as defined
in section 179.63, subdivision 18.
Sec. 34. Minnesota Statutes 1982, section 238.04,
subdivision 2, is amended to read:
Subd. 2. Members shall be appointed by the governor with
the advice and consent of the senate. Each member shall be
appointed by the governor, by and with the advice and consent of
the senate. No more than four members shall be from the same
political party.
Sec. 35. Minnesota Statutes 1982, section 244.09,
subdivision 1, is amended to read:
Subdivision 1. [COMMISSION; ESTABLISHMENT.] There is
hereby established the Minnesota sentencing guidelines
commission which shall be comprised of 10 or 11 members.
Sec. 36. Minnesota Statutes 1982, section 252A.13,
subdivision 2, is amended to read:
Subd. 2. Consent for surgery for mentally deficient
persons committed or voluntarily admitted to a state hospital
shall be governed by section 253A.17, subdivision 8 253B.03,
subdivision 6, irrespective of whether such persons may be under
the guardianship or conservatorship of the commissioner.
Sec. 37. Minnesota Statutes 1982, section 253B.19,
subdivision 5, is amended to read:
Subd. 5. [APPEAL TO SUPREME COURT.] An interested party
panel may appeal from the decision of the appeal panel to the
supreme court in the same manner as other appeals in civil
actions. The filing of an appeal shall immediately suspend the
operation of any order granting transfer, discharge or
provisional discharge, pending the determination of the appeal.
Sec. 38. Minnesota Statutes 1982, section 256.871,
subdivision 7, is amended to read:
Subd. 7. [AUTHORITY OF THE COMMISSIONER.] The commissioner
is hereby authorized, subject to the provisions of Minnesota
Statutes 1969, chapter 15 14, to promulgate regulations rules
not inconsistent with this section as necessary to qualify for
maximum federal funds.
Sec. 39. Minnesota Statutes 1982, section 256.976,
subdivision 4, is amended to read:
Subd. 4. The board is authorized, subject to the
provisions of Minnesota Statutes 1969, chapter 15 14, to make
rules and regulations necessary to the operation of the foster
grandparent program and to employ assistance in performing its
administrative duties. In adopting rules and regulations the
board shall give consideration to applicable federal guidelines.
Sec. 40. Minnesota Statutes 1982, section 260.185,
subdivision 1, is amended to read:
Subdivision 1. If the court finds that the child is
delinquent, it shall enter an order making any of the following
dispositions of the case which are deemed necessary to the
rehabilitation of the child:
(a) Counsel the child or his parents, guardian, or
custodian;
(b) Place the child under the supervision of a probation
officer or other suitable person in his own home under
conditions prescribed by the court including reasonable rules
for his conduct and the conduct of his parents, guardian, or
custodian, designed for the physical, mental, and moral
well-being and behavior of the child, or with the consent of the
commissioner of corrections, in a group foster care facility
which is under the management and supervision of said
commissioner;
(c) Subject to the supervision of the court, transfer legal
custody of the child to one of the following:
(1) A child placing agency; or
(2) The county welfare board; or
(3) A reputable individual of good moral character. No
person may receive custody of two or more unrelated children
unless he is licensed as a residential facility pursuant to
sections 245.781 to 245.813 245.812; or
(4) Except for children found to be delinquent as defined
in section 260.015, subdivision 5, clauses (c) and (d), a county
home school, if the county maintains a home school or enters
into an agreement with a county home school; or
(5) A county probation officer for placement in a group
foster home established under the direction of the juvenile
court and licensed pursuant to section 241.021;
(d) Except for children found to be delinquent as defined
in section 260.015, subdivision 5, clauses (c) and (d), transfer
legal custody by commitment to the commissioner of corrections;
(e) If the child is found to have violated a state or local
law or ordinance which has resulted in damage to the property of
another, the court may order the child to make reasonable
restitution for such damage;
(f) Require the child to pay a fine of up to $500; the
court shall order payment of the fine in accordance with a time
payment schedule which shall not impose an undue financial
hardship on the child;
(g) If the child is in need of special treatment and care
for his physical or mental health, the court may order the
child's parent, guardian, or custodian to provide it. If the
parent, guardian, or custodian fails to provide this treatment
or care, the court may order it provided;
(h) If the court believes that it is in the best interests
of the child and of public safety that the driver's license of
the child be canceled until his 18th birthday, the court may
recommend to the commissioner of transportation the cancellation
of the child's license for any period up to the child's 18th
birthday, and the commissioner is hereby authorized to cancel
such license without a hearing. At any time before the
termination of the period of cancellation, the court may, for
good cause, recommend to the commissioner of transportation that
the child be authorized to apply for a new license, and the
commissioner may so authorize.
Any order for a disposition authorized under this section
shall contain written findings of fact to support the
disposition ordered, and shall also set forth in writing the
following information:
(a) Why the best interests of the child are served by the
disposition ordered; and
(b) What alternative dispositions were considered by the
court and why such dispositions were not appropriate in the
instant case.
This subdivision applies to dispositions of juveniles found
to be delinquent as defined in section 260.015, subdivision 5,
clause (c) or (d) made prior to, on, or after January 1, 1978.
Sec. 41. Minnesota Statutes 1982, section 260.193,
subdivision 6, is amended to read:
Subd. 6. Before making a disposition of any child found to
be a juvenile major traffic offender, the court shall obtain
from the department of transportation public safety information
of any previous traffic violation by this juvenile. In the case
of a juvenile water traffic offender, he shall obtain from the
office where the information is now or hereafter may be kept
information of any previous water traffic violation by the
juvenile.
Sec. 42. Minnesota Statutes 1982, section 268.18,
subdivision 2, is amended to read:
Subd. 2. [FRAUD.] Any claimant who files a claim for or
receives benefits by knowingly and wilfully misrepresenting or
misstating any material fact or by knowingly and willfully
failing to disclose any material fact which would make him
ineligible for benefits under sections 268.03 to 268.24 is
guilty of fraud. After the discovery of facts by the
commissioner indicating fraud in claiming or obtaining benefits
under sections 268.03 to 268.24, he is hereby authorized to make
a determination that the claimant was ineligible for each week
with reference to which benefits were claimed or obtained by
fraud for the amount as was in excess of what the claimant would
have been entitled to had he not made the fraudulent statements
or failed to disclose any material facts. The commissioner also
may disqualify an individual from benefits for one to 52 weeks
in which the claimant is otherwise eligible for benefits
following the week in which the fraud was determined. A
disqualification imposed for fraud shall not be removed by
subsequent insured work or the expiration of a benefit year but
shall not apply to any week more than 104 weeks after the week
in which the fraud was determined. Said claimant shall within
20 days from the date of mailing the notice of said
determination to him repay in cash to the department of economic
security any benefits so fraudulently obtained. Unless the
claimant files a written appeal with the department of economic
security within 15 days after the mailing of the notice of
determination to his last known address or personal delivery of
the notice., the determination shall become final. If the
claimant shall appeal from such determination within the time
above specified said matter shall be referred to an appeal
tribunal for a hearing as in other benefit cases and thereafter
the procedure for review shall be the same as set forth in
section 268.10. The commissioner is hereby authorized to deduct
from future benefits payable to the claimant in either the
current or any subsequent benefit year an amount equivalent to
the amount of overpayment determined or the overpayment may be
collected without interest by civil action in the name of the
commissioner. If a claimant has been overpaid benefits under
the law of another state and that state certifies to the
department the facts involved and that the individual is liable
to repay the benefits and requests the department to recover the
overpayment, the commissioner is authorized to deduct from
future benefits payable to the claimant in either the current or
any subsequent benefit year an amount equivalent to the amount
of overpayment determined by that state.
Sec. 43. Minnesota Statutes 1982, section 273.13,
subdivision 6, is amended to read:
Subd. 6. [CLASS 3B.] Agricultural land, except as provided
by class 1 hereof, and which is used for the purposes of a
homestead shall constitute class 3b and shall be valued and
assessed for taxes payable in 1981 and thereafter as follows:
the first $50,000 of market value shall be valued and assessed
at 14 percent; the remaining market value shall be valued and
assessed at 19 percent. Effective for taxes payable in 1982 and
thereafter, the maximum amount of the market value of the
homestead bracket subject to the 14 percent rate shall be
adjusted by the commissioner of revenue as provided in section
273.1311. The property tax to be paid on class 3b property as
otherwise determined by law less any reduction received pursuant
to sections 124.213 124.2137 and 273.135 shall be reduced by 58
percent of the tax for taxes payable in 1981 and thereafter;
provided that the amount of said reduction shall not exceed $650.
Valuation subject to relief shall be limited to 240 acres of
land, most contiguous surrounding, bordering, or closest to the
house occupied by the owner as his dwelling place, and such
other structures as may be included thereon utilized by the
owner in an agricultural pursuit, provided that noncontiguous
land shall constitute class 3b only if the homestead is
classified as class 3b and the detached land is located in the
same township or city or not farther than two townships or
cities or combination thereof from the homestead. The first
$12,000 market value of each tract of real estate which is rural
in character and devoted or adaptable to rural but not
necessarily agricultural use, used for the purpose of a
homestead shall be exempt from taxation for state purposes;
except as specifically provided otherwise by law.
Agricultural land as used herein, and in section 124.2137,
shall mean contiguous acreage of ten acres or more, primarily
used during the preceding year for agricultural purposes.
Agricultural use may include pasture, timber, waste, unusable
wild land and land included in federal farm programs.
Real estate of less than ten acres used principally for
raising poultry, livestock, fruit, vegetables or other
agricultural products, shall be considered as agricultural land,
if it is not used primarily for residential purposes.
Effective for the 1981 assessment and in subsequent years,
the assessor shall determine and list separately on his records
the market value of the homestead dwelling and the one acre of
land on which that dwelling is located. If any farm buildings
or structures are located on this homesteaded acre of land,
their market value shall not be included in this separate
determination.
Sec. 44. Minnesota Statutes 1982, section 273.13,
subdivision 7d, is amended to read:
Subd. 7d. [LEASED HOMESTEAD PROPERTY.] Class 3g consists
of all buildings and appurtenances located upon land owned by
the occupant and used for the purposes of a homestead together
with the land upon which they are located. Class 3g property
shall be valued and assessed as if they it were homestead
property within the scope of class 3c or 3cc, whichever is
applicable, if all of the following criteria are met:
(a) the occupant is using such property as his permanent
residence; and
(b) the occupant is paying the ad valorem property taxes
and any special assessments levied against such property; and
(c) the occupant has signed a lease which has an option to
purchase the buildings and appurtenances; and
(d) the term of the lease is at least five years.
Any taxpayer meeting all the requirements herein must
notify the county assessor, or the assessor who has the powers
of the county assessor pursuant to section 273.063, in writing,
prior to September 1, 1981 and in future years, as soon as
possible after signing the lease agreement and occupying the
buildings as his homestead.
Sec. 45. Minnesota Statutes 1982, section 275.125,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] Except as may otherwise be
provided in this section, the words and phrases defined in
sections 124.01, 124.212, 124.20, 124.2121 to 124.2125 124.2128,
124.225, and section 124.201 when used in this section shall
have the meanings ascribed to them in those sections.
Sec. 46. Minnesota Statutes 1982, section 282.38,
subdivision 1, is amended to read:
Subdivision 1. [DEVELOPMENT.] In any county where the
county board by proper resolution sets aside funds for timber
development pursuant to Minnesota Statutes 1949, section 282.08,
clause 4 (3)(a), or Minnesota Statutes 1949, section 459.06,
subdivision 2, the Commission of Iron Range Resources may upon
request of the county board assist said county in carrying out
any project for the long range development of its timber
resources through matching of funds or otherwise, provided that
any such project shall first be approved by the commissioner of
natural resources.
Sec. 47. Minnesota Statutes 1982, section 282.38,
subdivision 2, is amended to read:
Subd. 2. [TAX LEVY.] In any county where the county board
shall determine that insufficient moneys will be available from
tax-forfeited funds to carry out the intentions of this section
as set forth in the statutes enumerated in subdivision 1, the
county board may levy a tax upon the real and personal property
of the county for that purpose, and the proceeds of said levy
may be used in the same manner as funds set aside pursuant to
Minnesota Statutes 1949, section 282.08, clause 4 (3)(a), and
Minnesota Statutes 1949, section 459.06, subdivision 2.
Sec. 48. Minnesota Statutes 1982, section 290.012,
subdivision 2, is amended to read:
Subd. 2. "Claimant" means the individual taxpayer whose
income, together with that of his spouse, if any, brings him
within the provisions of this section and section 290.06,
subdivision 3d. No claimant and spouse whose federal adjusted
gross income, including the modifications increasing federal
adjusted gross income as computed under section 290.01,
subdivision 20a, exceed exceeds $20,000 may qualify under this
section.
Sec. 49. Minnesota Statutes 1982, section 297.02,
subdivision 5, is amended to read:
Subd. 5. [CONSTRUCTION.] The tax imposed by this section
shall not be construed as a cost of doing business or an
overhead expense under Minnesota Statutes 1945, section 325.01
325D.01, subdivision 7.
Sec. 50. Minnesota Statutes 1982, section 298.28,
subdivision 1, is amended to read:
Subdivision 1. [DISTRIBUTION FROM GENERAL FUND.] The
proceeds of the taxes collected under section 298.24, except the
tax collected under section 298.24, subdivision 2, shall, upon
certificate of the commissioner of revenue to the general fund
of the state, be paid by the commissioner of revenue as follows:
(1) 2.5 cents per gross ton of merchantable iron ore
concentrate, hereinafter referred to as "taxable ton," to the
city or town in which the lands from which taconite was mined or
quarried were located or within which the concentrate was
produced. If the mining, quarrying, and concentration, or
different steps in either thereof are carried on in more than
one taxing district, the commissioner shall apportion equitably
the proceeds of the part of the tax going to cities and towns
among such subdivisions upon the basis of attributing 40 percent
of the proceeds of the tax to the operation of mining or
quarrying the taconite, and the remainder to the concentrating
plant and to the processes of concentration, and with respect to
each thereof giving due consideration to the relative extent of
such operations performed in each such taxing district. His
order making such apportionment shall be subject to review by
the tax court at the instance of any of the interested taxing
districts, in the same manner as other orders of the
commissioner.
(2) 12.5 cents per taxable ton, less any amount distributed
under clause (8), to the taconite municipal aid account in the
apportionment fund of the state treasury, to be distributed as
provided in section 298.282.
(3) 29 cents per taxable ton plus the increase provided in
paragraph (c) to qualifying school districts to be distributed
as follows:
(a) Six cents per taxable ton to the school districts in
which the lands from which taconite was mined or quarried were
located or within which the concentrate was produced. The
commissioner shall follow the apportionment formula prescribed
in clause (1).
(b) 23 cents per taxable ton, less any amount distributed
under part (d), shall be distributed to a group of school
districts comprised of those school districts wherein the
taconite was mined or quarried or the concentrate produced or in
which there is a qualifying municipality as defined by section
273.134 in direct proportion to school district tax levies as
follows: each district shall receive that portion of the total
distribution which its certified levy for the prior year,
computed pursuant to section 275.125, comprises of the sum of
certified levies for the prior year for all qualifying
districts, computed pursuant to section 275.125. For purposes
of distributions pursuant to this part, certified levies for the
prior year computed pursuant to section 275.125 shall not
include the amount of any increased levy authorized by
referendum pursuant to section 275.125, subdivision 2d.
(c) On July 15, 1982 and on July 15 in subsequent years, an
amount equal to the increase derived by increasing the amount
determined by clause (3)(b) in the same proportion as the
increase in the steel mill products index over the base year of
1977 as provided in section 298.24, subdivision 1, clause (a),
shall be distributed to any school district described in clause
(3)(b) where a levy increase pursuant to section 275.125,
subdivision 2d, is authorized by referendum, according to the
following formula. Each district shall receive the product of:
(i) $150 times the pupil units identified in section
124.17, subdivision 1, clauses (1) and (2), enrolled in the
previous school year, less the product of two mills times the
district's taxable valuation in the second previous year; times
(ii) the lesser of:
(A) one, or
(B) the ratio of the amount certified pursuant to section
275.125, subdivision 2d, in the previous year, to the product of
two mills times the district's taxable valuation in the second
previous year.
If the total amount provided by clause (3)(c) is
insufficient to make the payments herein required then the
entitlement of $150 per pupil unit shall be reduced uniformly so
as not to exceed the funds available. Any amounts received by a
qualifying school district in any fiscal year pursuant to clause
(3)(c) shall not be applied to reduce foundation aids which the
district is entitled to receive pursuant to section 124.212
sections 124.2121 to 124.2128 or the permissible levies of the
district. Any amount remaining after the payments provided in
this paragraph shall be paid to the commissioner of finance who
shall deposit the same in the taconite environmental protection
fund and the northeast Minnesota economic protection trust fund
as provided in section 298.28, subdivision 1, clause 10.
(d) There shall be distributed to any school district the
amount which the school district was entitled to receive under
section 298.32 in 1975.
(4) 19.5 cents per taxable ton to counties to be
distributed as follows:
(a) 15.5 cents per taxable ton shall be distributed to the
county in which the taconite is mined or quarried or in which
the concentrate is produced, less any amount which is to be
distributed pursuant to part (b). The commissioner shall follow
the apportionment formula prescribed in clause (1).
(b) If an electric power plant owned by and providing the
primary source of power for a taxpayer mining and concentrating
taconite is located in a county other than the county in which
the mining and the concentrating processes are conducted, one
cent per taxable ton of the tax distributed to the counties
pursuant to part (a) and imposed on and collected from such
taxpayer shall be distributed by the commissioner of revenue to
the county in which the power plant is located.
(c) Four cents per taxable ton shall be paid to the county
from which the taconite was mined, quarried or concentrated to
be deposited in the county road and bridge fund. If the mining,
quarrying and concentrating, or separate steps in any of those
processes are carried on in more than one county, the
commissioner shall follow the apportionment formula prescribed
in clause (1).
(5) (a) 25.75 cents per taxable ton, less any amount
required to be distributed under part (b), to the taconite
property tax relief account in the apportionment fund in the
state treasury, to be distributed as provided in sections
273.134 to 273.136.
(b) If an electric power plant owned by and providing the
primary source of power for a taxpayer mining and concentrating
taconite is located in a county other than the county in which
the mining and the concentrating processes are conducted, .75
cent per taxable ton of the tax imposed and collected from such
taxpayer shall be distributed by the commissioner of revenue to
the county and school district in which the power plant is
located as follows: 25 percent to the county and 75 percent to
the school district.
(6) One cent per taxable ton to the state for the cost of
administering the tax imposed by section 298.24.
(7) Three cents per taxable ton shall be deposited in the
state treasury to the credit of the iron range resources and
rehabilitation board account in the special revenue fund for the
purposes of section 298.22. The amount determined in this
clause shall be increased in 1981 and subsequent years in the
same proportion as the increase in the steel mill products index
as provided in section 298.24, subdivision 1. The amount
distributed pursuant to this clause shall be expended within or
for the benefit of a tax relief area defined in section
273.134. No part of the fund provided in this clause may be
used to provide loans for the operation of private business
unless the loan is approved by the governor and the legislative
advisory commission.
(8) .20 cent per taxable ton shall be paid in 1979 and each
year thereafter, to the range association of municipalities and
schools, for the purpose of providing an area wide approach to
problems which demand coordinated and cooperative actions and
which are common to those areas of northeast Minnesota affected
by operations involved in mining iron ore and taconite and
producing concentrate therefrom, and for the purpose of
promoting the general welfare and economic development of the
cities, towns and school districts within the iron range area of
northeast Minnesota.
(9) the amounts determined under clauses (4)(a), (4)(c),
and (5) shall be increased in 1979 and subsequent years in the
same proportion as the increase in the steel mill products index
as provided in section 298.24, subdivision 1.
(10) the proceeds of the tax imposed by section 298.24
which remain after the distributions in clauses (1) to (9) and
parts (a) and (b) of this clause have been made shall be divided
between the taconite environmental protection fund created in
section 298.223 and the northeast Minnesota economic protection
trust fund created in section 298.292 as follows: In 1981 and
each year thereafter, two-thirds to the taconite environmental
protection fund and one-third to the northeast Minnesota
economic protection trust fund. The proceeds shall be placed in
the respective special accounts in the general fund.
(a) In 1978 and each year thereafter, there shall be
distributed to each city, town, school district, and county the
amount that they received under section 294.26 in calendar year
1977; provided, however, that the amount distributed in 1981 to
the unorganized territory number 2 of Lake County and the town
of Beaver Bay based on the between-terminal trackage of Erie
Mining Company will be distributed in 1982 and subsequent years
to the unorganized territory number 2 of Lake County and the
towns of Beaver Bay and Stony River based on the miles of track
of Erie Mining Company in each taxing district.
(b) In 1978 and each year thereafter, there shall be
distributed to the iron range resources and rehabilitation board
the amounts it received in 1977 under section 298.22.
On or before October 10 of each calendar year each producer
of taconite or iron sulphides subject to taxation under section
298.24 (hereinafter called "taxpayer") shall file with the
commissioner of revenue and with the county auditor of each
county in which such taxpayer operates, and with the chief
clerical officer of each school district, city or town which is
entitled to participate in the distribution of the tax, an
estimate of the amount of tax which would be payable by such
taxpayer under said law for such calendar year; provided such
estimate shall be in an amount not less than the amount due on
the mining and production of concentrates up to September 30 of
said year plus the amount becoming due because of probable
production between September 30 and December 31 of said year,
less any credit allowable as hereinafter provided. Such
estimate shall list the taxing districts entitled to participate
in the distribution of such tax, and the amount of the estimated
tax which would be distributable to each such district in the
next ensuing calendar year on the basis of the last percentage
distribution certified by the commissioner of revenue. If there
be no such prior certification, the taxpayer shall set forth its
estimate of the proper distribution of such tax under the law,
which estimate may be corrected by the commissioner if he deems
it improper, notice of such correction being given by him to the
taxpayer and the public officers receiving such estimate. The
officers with whom such report is so filed shall use the amount
so indicated as being distributable to each taxing district in
computing the permissible tax levy of such county, city or
school district in the year in which such estimate is made, and
payable in the next ensuing calendar year, except that in 1978
and 1979 two cents per taxable ton, and in 1980 and thereafter,
one cent per taxable ton of the amount distributed under clause
(4)(c) shall not be deducted in calculating the permissible
levy. Such taxpayer shall then pay, at the times payments are
required to be made pursuant to section 298.27, as the amount of
tax payable under section 298.24, the greater of (a) the amount
shown by such estimate, or (b) the amount due under said section
as finally determined by the commissioner of revenue pursuant to
law. If, as a result of the payment of the amount of such
estimate, the taxpayer has paid in any calendar year an amount
of tax in excess of the amount due in such year under section
298.24, after application of credits for any excess payments
made in previous years, all as determined by the commissioner of
revenue, the taxpayer shall be given credit for such excess
amount against any taxes which, under said section, may become
due from the taxpayer in subsequent years. In any calendar year
in which a general property tax levy subject to sections 275.125
or 275.50 to 275.59 has been made, if the taxes distributable to
any such county, city or school district are greater than the
amount estimated to be paid to any such county, city or school
district in such year, the excess of such distribution shall be
held in a special fund by the county, city or school district
and shall not be expended until the succeeding calendar year,
and shall be included in computing the permissible levies under
sections 275.125 or 275.50 to 275.59, of such county, city or
school district payable in such year. If the amounts
distributable to any such county, city or school district, after
final determination by the commissioner of revenue under this
section are less than the amounts indicated by such estimates,
such county, city or school district may issue certificates of
indebtedness in the amount of the shortage, and may include in
its next tax levy, in excess of the limitations of sections
275.125 or 275.50 to 275.59 an amount sufficient to pay such
certificates of indebtedness and interest thereon, or, if no
certificates were issued, an amount equal to such shortage.
There is hereby annually appropriated to such taxing
districts as are stated herein, to the taconite property tax
relief account and to the taconite municipal aid account in the
apportionment fund in the state treasury, to the department of
revenue, to the iron range resources and rehabilitation board,
to the range association of municipalities and schools, to the
taconite environmental protection fund, and to the northeast
Minnesota economic protection trust fund, from any fund or
account in the state treasury to which the money was credited,
an amount sufficient to make the payment or transfer. The
payment of the amount appropriated to such taxing districts
shall be made by the commissioner of revenue on or before May 15
annually.
Sec. 51. Minnesota Statutes 1982, section 326.241,
subdivision 1, is amended to read:
Subdivision 1. [COMPOSITION.] The board of electricity
shall consist of nine members, residents of the state, appointed
by the governor of whom at least two shall be representatives of
the electrical suppliers in the rural areas of the state, two
shall be master electricians, who shall be contractors, two
journeyman electricians, one registered consulting electrical
engineer and two public members as defined by section 214.02.
Membership terms, compensation of members, removal of members,
the filling of membership vacancies, and fiscal year and
reporting requirements shall be as provided in sections 214.07
to 214.09. The provision of staff, administrative services and
office space; the review and processing of complaints; the
setting of board fees; and other provisions relating to board
operations shall be as provided in chapter 214 and Laws 1976,
Chapter 222, Sections 2 to 7.
Sec. 52. Minnesota Statutes 1982, section 327B.01,
subdivision 11, is amended to read:
Subd. 11. [IN PARK SALE.] "In park sale" has the meaning
specified in section 327C.01, subdivision 3 2.
Sec. 53. Minnesota Statutes 1982, section 327B.01,
subdivision 14, is amended to read:
Subd. 14. [MANUFACTURED HOME PARK.] "Manufactured home
park" has the meaning specified in section 327C.01, subdivision
6 5.
Sec. 54. Minnesota Statutes 1982, section 327B.04,
subdivision 4, is amended to read:
Subd. 4. [LICENSE PREREQUISITES.] No application shall be
granted nor license issued until the applicant proves to the
commissioner that:
(a) the applicant has a permanent, established place of
business at each licensed location. An "established place of
business" means a permanent enclosed building other than a
residence, or a commercial office space, either owned by the
applicant or leased by the applicant for a term of at least one
year, located in an area where zoning regulations allow
commercial activity, and where the books, records and files
necessary to conduct the business are kept and maintained. The
owner of a licensed manufactured home park who resides in or
adjacent to the park may use his residence as the established
place of business required by this subdivision, unless
prohibited by local zoning ordinance.
If a license is granted, the licensee may use unimproved
lots and premises for sale, storage, and display of manufactured
homes, if the licensee first notifies the commissioner in
writing;
(b) if the applicant desires to sell, solicit or advertise
the sale of new manufactured homes, it has a bona fide contract
or franchise in effect with a manufacturer or distributor of the
new manufactured home it proposes to deal in;
(c) the applicant has secured a surety bond in the amount
of $20,000 for the protection of consumer customers, executed by
the applicant as principal and issued by a surety company
admitted to do business in this state. The bond shall be
exclusively for the purpose of reimbursing consumer customers
and shall be conditioned upon the faithful compliance by the
applicant with all of the laws and rules of this state
pertaining to the applicant's business as a dealer or
manufacturer, including sections 325D.44, 325F.67 and 325F.69,
and upon the applicant's faithful performance of all its legal
obligations to consumer customers; and
(d) the applicant has established a trust account as
required by section 327B.09 327B.08, subdivision 3, unless the
applicant states in writing its intention to limit its business
to selling, offering for sale, soliciting or advertising the
sale of new manufactured homes.
Sec. 55. Minnesota Statutes 1982, section 327B.05,
subdivision 1, is amended to read:
Subdivision 1. [GROUNDS.] The commissioner may by order
deny, suspend or revoke any license if he finds (1) that the
order is in the public interest and (2) that the applicant or
licensee or any of its directors, officers, limited or general
partners, controlling shareholders or affiliates:
(a) has filed an application for a license or a license
renewal which fails to disclose any material information or
contains any statement which is false or misleading with respect
to any material fact;
(b) has violated any of the provisions of sections 327B.01
to 327B.12 or any rule or order issued by the commissioner or
any prior law providing for the licensing of manufactured home
dealers or manufacturers;
(c) has had a previous manufacturer or dealer license
revoked in this or any other state;
(d) has engaged in acts or omissions which have been
adjudicated or amount to a violation of any of the provisions of
section 325D.44, 325F.67 or 325F.69;
(e) has sold or brokered the sale of a home containing a
material violation of sections 327.31 to 327.35 about which the
dealer knew or which should have been obvious to a reasonably
prudent dealer;
(f) has failed to make or provide to the commissioner all
listings, notices and reports required by him;
(g) has failed to pay a civil penalty assessed under
subdivision 6 5 within ten days after the assessment becomes
final;
(h) has failed to pay to the commissioner or other
responsible government agency all taxes, fees and arrearages due;
(i) has failed to duly apply for license renewal;
(j) has violated any applicable manufactured home building
or safety code;
(k) has failed or refused to honor any express or implied
warranty as provided in section 327B.03;
(l) has failed to continuously occupy a permanent,
established place of business licensed under section 327B.04;
(m) has, without first notifying the commissioner, sold a
new and unused manufactured home other than the make of
manufactured home described in a franchise or contract filed
with the application for license or license renewal;
(n) has wrongfully failed to deliver a certificate of title
to a person entitled to it;
(o) is insolvent or bankrupt;
(p) holds an impaired or canceled bond;
(q) has failed to notify the commissioner of bankruptcy
proceedings within ten days after a petition in bankruptcy has
been filed by or against the dealer or manufacturer;
(r) has, within the previous ten years, been convicted of a
crime that either related directly to the business of the dealer
or manufacturer or involved fraud, misrepresentation or misuse
of funds;
(s) has suffered a judgment within the previous five years
in a civil action involving fraud, misrepresentation or misuse
of funds; or
(t) has failed to reasonably supervise any employee or
agent of the dealer or manufacturer, resulting in injury or harm
to the public.
The commissioner may establish rules pursuant to section
327B.10 further specifying, defining or establishing standards
of conduct for manufactured home dealers and manufacturers.
Sec. 56. Minnesota Statutes 1982, section 327B.09,
subdivision 1, is amended to read:
Subdivision 1. [LICENSE REQUIRED.] No person shall engage
in the business, either exclusively or in addition to any other
occupation of manufacturing, selling, offering to sell,
soliciting or advertising the sale of manufactured homes, or act
as a broker without being licensed as a manufacturer or a dealer
as provided in section 327B.05 327B.04. Any person who
manufactures, sells, offers to sell, solicits or advertises the
sale of manufactured homes, or acts as a broker in violation of
this subdivision shall nevertheless be subject to the duties,
prohibitions and penalties imposed by sections 327B.01 to
327B.12. This subdivision does not prohibit an individual from
reselling, without a license, a manufactured home which is or
has been his or her residence.
Sec. 57. Minnesota Statutes 1982, section 340.069, is
amended to read:
340.069 [CITATION.]
Sections 340.07 to 340.353, 340.355 to 340.407, 340.493,
and 340.51 may be cited as the "intoxicating liquor act", and is
a part of Minnesota Statutes 1965, Chapter 340.
Sec. 58. Minnesota Statutes 1982, section 354.532,
subdivision 4, is amended to read:
Subd. 4. [TIME LIMITATION ON AUTHORITY TO MAKE PAYMENT.]
For the provisions of Laws 1982, Chapter 427, Section 3 this
section, the authority to make a lump sum payment or the
agreement to make payments in installments over a period of not
to exceed three years shall expire on July 1, 1987.
Sec. 59. Minnesota Statutes 1982, section 363.03,
subdivision 10, is amended to read:
Subd. 10. [DISCRIMINATION AGAINST BLIND OR DEAF PERSONS
PROHIBITED.] (a) It is an unfair, discriminatory practice for an
owner, operator or manager of a hotel, restaurant, public
conveyance or other public place, to prohibit a blind or deaf
person from taking a guide dog into the public place or
conveyance if the guide dog can be properly identified as being
from a recognized school for seeing eye, hearing ear or guide
dogs, and if the dog is properly harnessed or leashed so that
the blind or deaf person may maintain control of the dog.
(b) No person shall require a blind or deaf person to make
an extra payment or pay an additional charge when taking a guide
dog into any of the public places referred to in paragraph (a).
Sec. 60. Minnesota Statutes 1982, section 367.41,
subdivision 1, is amended to read:
Subdivision 1. Notwithstanding any general or local law or
charter to the contrary, any constable employed on or after the
effective date of Laws 1982, Chapter 595 March 23, 1982, by any
political subdivision of the state of Minnesota shall not be
eligible for permanent appointment without being licensed by the
Minnesota board of peace officer standards and training pursuant
to section 626.8463, clauses (a) to (c).
Sec. 61. Minnesota Statutes 1982, section 367.41,
subdivision 5, is amended to read:
Subd. 5. Any individual seeking employment as a peace
officer pursuant to section 367.03 on or after the effective
date of Laws 1982, Chapter 595 March 23, 1982, shall not be
eligible for permanent appointment without being licensed by the
board pursuant to rules promulgated under section 626.843.
Sec. 62. Minnesota Statutes 1982, section 367.42,
subdivision 1, is amended to read:
Subdivision 1. Notwithstanding any general or local law or
charter to the contrary, any deputy constable employed on or
after the effective date of Laws 1982, Chapter 595 March 23,
1982, by a political subdivision of the state of Minnesota shall
have the following powers and duties:
(a) to have the powers of arrest of a private person;
(b) to perform the duties of a constable prescribed by law
relative to election procedure;
(c) to perform the following duties at the direction of the
county sheriff or constable:
(i) to inspect communication wire and cable or records of
such wire and cable pursuant to section 325E.21;
(ii) to conduct hotel lien sales pursuant to section
327.06; and
(iii) to conduct public auction sales of unclaimed property
pursuant to sections 345.04 and 345.05.
(d) to arrest any individual who, in the deputy constable's
presence, commits a violation of the Intoxicating Liquor Act,
chapter 340;
(e) to provide general administrative or clerical
assistance to county sheriffs, local police departments or
constables; and
(f) to provide traffic or crowd control assistance to
county sheriffs, local police departments or constables.
Sec. 63. Minnesota Statutes 1982, section 375B.01, is
amended to read:
375B.01 [COUNTIES; SUBORDINATE GOVERNMENTAL SERVICE
DISTRICTS; PURPOSE.]
It is the purpose of Laws 1982, Chapter 507 this chapter to
provide a means by which a county as a unit of general local
government can effectively provide and finance various
governmental services for its residents.
Sec. 64. Minnesota Statutes 1982, section 381.12,
subdivision 2, is amended to read:
Subd. 2. [EXPENSE, TAX LEVY.] For the purpose of defraying
the expense incurred, or to be incurred in the relocation and
reestablishment of monuments pursuant to Minnesota Statutes
1949, Section 381.12 subdivision 1, the county board of any
county may levy a tax upon all the taxable property in the
county.
Sec. 65. Minnesota Statutes 1982, section 383A.35, is
amended to read:
383A.35 [COURT COMMISSIONER.]
The Ramsey county court commissioner may take
acknowledgments of deeds and other written instruments and has
the powers conferred upon a court commissioner by Minnesota
Statutes 1969, section 253A.21 253B.23.
Except as provided above, the Ramsey county court
commissioner shall not have any of the powers provided in
Minnesota Statutes 1969, section 489.02.
Sec. 66. Minnesota Statutes 1982, section 398A.01,
subdivision 8, is amended to read:
Subd. 8. "Regional Railroad Authorities Act" means Laws
1980, Chapter 616 sections 398A.01 to 398A.09.
Sec. 67. Minnesota Statutes 1982, section 462.355,
subdivision 4, is amended to read:
Subd. 4. [INTERIM ORDINANCE.] If a municipality is
conducting studies or has authorized a study to be conducted or
has held or has scheduled a hearing for the purpose of
considering adoption or amendment of a comprehensive plan or
official controls as defined in section 462.352, subdivision 16
15, or if new territory for which plans or controls have not
been adopted is annexed to a municipality, the governing body of
the municipality may adopt an interim ordinance applicable to
all or part of its jurisdiction for the purpose of protecting
the planning process and the health, safety and welfare of its
citizens. The interim ordinance may regulate, restrict or
prohibit any use, development, or subdivision within the
jurisdiction or a portion thereof for a period not to exceed one
year from the date it is effective, and may be extended for such
additional periods as the municipality may deem appropriate, not
exceeding a total additional period of 18 months. No interim
ordinance may halt, delay, or impede a subdivision which has
been given preliminary approval prior to the effective date of
the interim ordinance.
Sec. 68. Minnesota Statutes 1982, section 462.36,
subdivision 1, is amended to read:
Subdivision 1. [REQUIRED DOCUMENTS.] A certified copy of
every ordinance, resolution, map, regulation adopted, or
variance granted under the provisions of sections 368.01,
subdivisions 1 and 1a and 462.357 to 462.359 462.3595 shall be
filed with the county recorder of the county or counties in
which the municipality adopting it is located. Ordinances,
resolutions, maps or regulations filed with the county recorder
pursuant to this subdivision do not constitute encumbrances on
real property. The order issued by the governing body or board
of appeals and adjustments as the case may be, shall include the
legal description of the property involved.
Sec. 69. Minnesota Statutes 1982, section 462.445,
subdivision 14, is amended to read:
Subd. 14. [AUTHORITIES CREATED PURSUANT TO SPECIAL LAW.]
Except as expressly limited by the special law establishing the
authority, an authority created pursuant to special law shall
have as the powers granted by any statute to any authority
created pursuant to this chapter.
Sec. 70. Minnesota Statutes 1982, section 462C.04,
subdivision 2, is amended to read:
Subd. 2. A public hearing shall be held on each program
after one publication of notice in a newspaper circulating
generally in the city, at least 15 days before the hearing,
after which the program may be adopted with or without
amendment. Each program shall be submitted to the Minnesota
housing finance agency for review and approval. The agency
shall determine:
(a) whether the program furthers statewide housing policies;
(b) whether the program is capable of implementation
without material adverse effect on financing programs of the
agency, without subjecting the interest on future bonds of the
agency to federal income tax under any limitations imposed at
the time by federal law;
(c) whether the program provides for administrative and
bond issuance costs that are reasonable; and
(d) whether the program complies with all other
requirements of sections 462C.01 to 462C.08.
The agency shall complete its review and shall notify the
city of its decision within 30 days. A failure to notify within
30 days constitutes approval. The agency may collect reasonable
fees and charges in connection with its review of a city's
housing program. The fees and charges shall be limited to the
amounts required to pay the actual costs to the agency.
The Minnesota housing finance agency, in cooperation with
the metropolitan council and the regional development commission
commissions, shall report annually to the legislature on the
number and amounts of bond issues and the number of housing
programs established pursuant to sections 462C.01 to 462C.08.
Sec. 71. Minnesota Statutes 1982, section 474.03, is
amended to read:
474.03 [POWERS.]
Any municipality or redevelopment agency, in addition to
the powers prescribed elsewhere by the laws of this state, shall
have the power to:
(1) Acquire, construct, and hold any lands, buildings,
easements, water and air rights, improvements to lands and
buildings, and capital equipment to be located permanently or
used exclusively on a designated site and solid waste disposal
and pollution control equipment, and alternative energy
equipment and inventory, regardless of where located, which are
deemed necessary in connection with a project to be situated
within the state, whether wholly or partially within or without
the municipality or redevelopment agency, and construct,
reconstruct, improve, better, and extend the project;
(2) Issue revenue bonds, in anticipation of the collection
of revenues of the project, to finance, in whole or in part, the
cost of the acquisition, construction, reconstruction,
improvement, betterment, or extension thereof and, in the case
of an alternative energy project, in addition to the other
powers granted by this chapter, to finance the acquisition and
leasing or sale of equipment and products to others;
(3) Issue revenue bonds to pay, purchase or discharge all
or any part of the outstanding indebtedness of a contracting
party engaged primarily in the operation of one or more
nonprofit hospitals or nursing homes, theretofore incurred in
the acquisition or betterment of its existing hospital or
nursing home facilities, including, to the extent deemed
necessary by the governing body of the municipality or
redevelopment agency, any unpaid interest on the indebtedness
accrued or to accrue to the date on which such indebtedness is
finally paid; and any premium the governing body of the
municipality or redevelopment agency determines to be necessary
to be paid to pay, purchase or defease the outstanding
indebtedness; if revenue bonds are issued for this purpose, the
refinancing and the existing properties of the contracting party
shall be deemed to constitute a project under section 474.02,
subdivision 1c. Industrial revenue bonds shall only be available
under this provision if the commissioner of energy, planning and
development has been shown that a reduction in debt service
charges to patients and third party payors will occur. All
reductions in debt service charges pursuant to this program
shall be passed on to patients and third party payors. These
industrial revenue bonds may not be used for any purpose not
consistent with the provisions of chapter 256B;
Nothing in this subdivision is intended to prohibit the use
of revenue bond proceeds to pay outstanding indebtedness of a
contracting party to the extent now permitted by law;
(4) Enter into a revenue agreement with any person, firm,
or public or private corporation or federal or state
governmental subdivision or agency in such manner that payments
required thereby to be made by the contracting party shall be
fixed, and revised from time to time as necessary, so as to
produce income and revenue sufficient to provide for the prompt
payment of principal of and interest on all bonds issued
hereunder when due, and the revenue agreement shall also provide
that the contracting party shall be required to pay all expenses
of the operation and maintenance of the project including, but
without limitation, adequate insurance thereon and insurance
against all liability for injury to persons or property arising
from the operation thereof, and all taxes and special
assessments levied upon or with respect to the project and
payable during the term of the revenue agreement, during which
term a tax shall be imposed and collected pursuant to the
provisions of section 272.01, subdivision 2, for the privilege
of using and possessing the project, in the same amount and to
the same extent as though the contracting party were the owner
of all real and personal property comprising the project;
(5) Pledge and assign to the holders of the bonds or a
trustee therefor all or any part of the revenues of one or more
projects and define and segregate the revenues or provide for
the payment thereof to a trustee, whether or not the trustee is
in possession of the project under a mortgage or otherwise;
(6) Mortgage or otherwise encumber the projects in favor of
the municipality or redevelopment agency, the holders of the
bonds, or a trustee therefor, provided that in creating any the
mortgages or encumbrances mortgage or encumbrance a municipality
or redevelopment agency shall not have the power to obligate
itself except with respect to the project;
(7) Make all contracts, execute all instruments, and do all
things necessary or convenient in the exercise of the powers
herein granted, or in the performance of its covenants or
duties, or in order to secure the payment of its bonds;
including, but without limitation, a contract entered into prior
to the construction of the project authorizing the contracting
party, subject to such terms and conditions as the municipality
or redevelopment agency shall find necessary or desirable and
proper, to provide for the construction, acquisition, and
installation of the buildings, improvements, and equipment to be
included in the project by any means available to the
contracting party and in the manner determined by the
contracting party and without advertisement for bids as may be
required for the construction or acquisition of other municipal
facilities;
(8) Enter into and perform such contracts and agreements
with other municipalities, political subdivisions, and state
agencies, authorities, and institutions as the respective
governing bodies of the same may deem proper and feasible for or
concerning the planning, construction, lease, purchase,
mortgaging or other acquisition, and the financing of a project,
and the maintenance thereof, including an agreement whereby one
municipality issues its revenue bonds in behalf of one or more
other municipalities pursuant to revenue agreements with the
same or different contracting parties, which contracts and
agreements may establish a board, commission, or such other body
as may be deemed proper for the supervision and general
management of the facilities of the project; provided, no
municipality or redevelopment agency shall enter into or perform
any contract or agreement with any school district under which
the municipality or redevelopment agency issues its revenue
bonds or otherwise provides for the construction of school
facilities and the school leases or otherwise acquires these
facilities;
(9) Accept from any authorized agency of the federal
government loans or grants for the planning, construction,
acquisition, leasing, purchase, or other provision of any
project, and enter into agreements with the agency respecting
the loans or grants;
(10) Sell and convey all properties acquired in connection
with the projects, including without limitation the sale and
conveyance thereof subject to the mortgage as herein provided,
and the sale and conveyance thereof under an option granted to
the lessee of the project, for such price, and at such time as
the governing body of the municipality or redevelopment agency
may determine, provided, however, that no sale or conveyance of
the properties shall ever be made in such manner as to impair
the rights or interests of the holder, or holders, of any bonds
issued under the authority of this chapter;
(11) Issue revenue bonds to refund, in whole or in part,
bonds previously issued by the municipality or redevelopment
agency under authority of this chapter;
(12) If so provided in the revenue agreement, terminate the
agreement and re-enter or repossess the project upon the default
of the contracting party, and operate, lease, or sell the
project in such manner as may be authorized or required by the
provisions of the revenue agreement or of the resolution or
indenture securing the bonds issued for the project; any revenue
agreement which includes provision for a conveyance of real
estate to the contracting party may be terminated in accordance
with the revenue agreement, notwithstanding that the revenue
agreement may constitute an equitable mortgage provided that no
municipality or redevelopment agency shall have power otherwise
to operate any project referred to in this chapter as a business
or in any manner whatsoever, and nothing herein authorizes any
municipality or redevelopment agency to expend any funds on any
project herein described, other than the revenues of the
projects, or the proceeds of revenue bonds and notes issued
hereunder, or other funds granted to the municipality or
redevelopment agency for the purposes herein contemplated,
except as may be otherwise permitted by law and except to
enforce any right or remedy under any revenue agreement or
related agreement for the benefit of the bondholders or for the
protection of any security given in connection with a revenue
agreement, provided that the public cost of redevelopment of
land paid by a city or its redevelopment agency shall not be
deemed part of the cost of any project situated on the land;
(13) Invest or deposit, or authorize a trustee to invest or
deposit, any money on hand in funds or accounts established in
connection with a project or payment of bonds issued therefor,
to the extent they are not presently needed for the purposes for
which such funds or accounts were created, in accordance with
section 471.56, as amended;
(14) Waive or require the furnishing of a contractors
payment and performance bond of the kind described in section
574.26 and if the bond shall be required, then the provisions of
chapter 514 relating to liens for labor and materials, shall not
be applicable in respect of any work done or labor or materials
supplied for the project, and if the bond be waived then the
said provisions of chapter 514 shall apply in respect of work
done or labor or materials supplied for the project; and
(15) Exempt from property taxes on a nonresidential
building constructed for sale or rent in a project until the
building is first sold, occupied or rented, whichever occurs
first, up to a maximum of four years, provided that the
exemption must be provided before October 10 of the levy year.
Sec. 72. Minnesota Statutes 1982, section 508A.46, is
amended to read:
508A.46 [PLATS OF REGISTERED LAND.]
The owner of land registered under sections 508A.01 to
508A.85 may plat it and subdivide it into lots and blocks in
like manner as in the case of unregistered land. All laws with
reference to the subdivision and platting of unregistered land
shall apply with like force and effect to registered land
excepting only that the surveyor's plat of it shall be filed
with the registrar.
Sec. 73. Minnesota Statutes 1982, section 515A.1-102, is
amended to read:
515A.1-102 [APPLICABILITY.]
(a) Sections 515A.1-105 (Separate Titles and Taxation;
Homestead), 515A.1-106 (Applicability of Local Ordinances,
Regulations, and Building Codes), 515A.1-107 (Eminent Domain),
515A.2-103 (Construction and Validity of Declaration and
Bylaws), 515A.2-104 (Description of Units), 515A.3-102 (a) (1)
to (5) and (9) to (12) (Powers of Unit Owners Association),
515A.3-111 (Tort and Contract Liability), 515A.3-112
(Insurance), 515A.3-115 (Lien for Assessments), 515A.3-116
(Association Records), 515A.4-107 (Resales of Units), and
515A.1-103 (Definitions) to the extent necessary in construing
any of those sections, apply to all condominiums created in this
state prior to the effective date of Laws 1980, Chapter 582,
Sections 515.1-101 to 515.4-117 August 1, 1980; provided,
however, that these sections apply only with respect to events
and circumstances occurring after the effective date of Laws
1980, Chapter 582, Sections 515.1-101 to 515.4-117 July 31,
1980, and do not invalidate existing provisions of the
declaration, bylaws, or floor plans of those condominiums.
(b) Sections 515A.1-101 to 515A.4-117 apply to all
condominiums created within this state after August 1, 1980.
The provisions of sections 515.01 to 515.29 do not apply to
condominiums created after August 1, 1980 and do not invalidate
any amendment to the declaration, bylaws, or floor plans of any
condominium created before August 1, 1980 if the amendment would
be permitted by sections 515A.1-101 to 515A.4-117. The
amendment must be adopted in conformity with the procedures and
requirements specified by those instruments and by sections
515.01 to 515.29. If the amendment grants to any person any
rights, powers or privileges permitted by sections 515A.1-101 to
515A.4-117, all correlative obligations, liabilities, and
restrictions in sections 515A.1-101 to 515A.4-117 also apply to
that person.
Sec. 74. Minnesota Statutes 1982, section 518.24, is
amended to read:
518.24 [SECURITY; SEQUESTRATION; CONTEMPT.]
In all cases when maintenance or support payments are
ordered, the court may require sufficient security to be given
for the payment of them according to the terms of the order.
Upon neglect or refusal to give security, or upon failure to pay
the maintenance or support, the court may sequester the
obligor's personal estate and the rents and profits of real
estate of the obligor, and appoint a receiver of them. The
court may cause the personal estate and the rents and profits of
the real estate to be applied according to the terms of the
order. If the obligor has an income from a source sufficient to
enable him to pay the maintenance or support and he fails to pay
the same, the court shall order him to pay it. If a person or
party disobeys the order, he may be punished by the court as for
contempt.
Sec. 75. Minnesota Statutes 1982, section 525.619, is
amended to read:
525.619 [POWERS AND DUTIES OF GUARDIAN OF MINOR.]
A guardian of a minor has the powers and responsibilities
of a parent who has not been deprived of custody of his minor
and unemancipated child, except that a guardian is not legally
obligated to provide from his own funds for the ward. In
particular, and without qualifying the foregoing, a guardian has
the following powers and duties:
(a) He must take reasonable care of his ward's personal
effects and commence protective proceedings if necessary to
protect other property of the ward.
(b) He may receive money payable for the support of the
ward to the ward's parent, guardian or custodian under the terms
of any statutory benefit or insurance system, or any private
contract, devise, trust, conservatorship or custodianship. He
also may receive money or property of the ward paid or delivered
by virtue of section 525.6196. Any sums so received shall be
applied to the ward's current needs for support, care and
education. He must exercise due care to conserve any excess for
the ward's future needs unless a conservator has been appointed
for the estate of the ward, in which case the excess shall be
paid over at least annually to the conservator. Sums so
received by the guardian are not to be used for compensation for
his services except as approved by order of court or as
determined by a duly appointed conservator other than the
guardian. A guardian may institute proceedings to compel the
performance by any person of a duty to support the ward or to
pay sums for the welfare of the ward.
(c) The guardian is empowered to facilitate the ward's
education, social, or other activities and to authorize medical
or other professional care, treatment or advice. A ward may not
be committed to any state institution except pursuant to
sections 253A.01 to 253A.21 chapter 253B and no guardian may
give consent for psychosurgery, electroshock, sterilization or
experimental treatment of any kind unless the procedure is first
approved by the order of the court, after a hearing as
prescribed by section 525.56, subdivision 2.
A guardian is not liable by reason of his consent for
injury to the ward resulting from the negligence or acts of
third persons unless it would have been illegal for a parent to
have consented, or unless he fails to comply with the
requirements of this section which provide that a court order is
necessary for commitment and for certain types of medical
procedures. A guardian may consent to the marriage or adoption
of his ward.
(d) A guardian must report the condition of his ward and of
the ward's estate which has been subject to his possession or
control, as ordered by the court on its own motion or on
petition of any person interested in the minor's welfare and as
required by court rule.
Sec. 76. Minnesota Statutes 1982, section 609.01,
subdivision 2, is repealed.
Sec. 77. Laws 1976, chapter 2, section 62, is repealed.
Sec. 78. Laws 1976, chapter 173, section 53, is repealed.
Sec. 79. Laws 1981, chapter 224, section 18, is repealed.
Sec. 80. Laws 1982, chapter 416, section 1, is repealed.
Sec. 81. Laws 1982, chapter 424, section 3, is repealed.
Sec. 82. Laws 1982, chapter 424, section 8, is repealed.
Sec. 83. Laws 1982, chapter 581, section 18, subdivision
4, is amended to read:
Subd. 4. [SPECIAL REVIEW BOARD.] The commissioner shall
establish a special review board for persons committed as
mentally ill and dangerous to the public. The board shall
consist of three members experienced in the field of mental
illness. One member of the special review board shall be a
physician and one member shall be an attorney. No member shall
be affiliated with the department of public welfare. The
special review board shall meet at least every six months and at
the call of the commissioner. It shall hear and consider all
petitions for transfer out of the Minnesota Security Hospital,
all petitions relative to discharge, provisional discharge and
revocation of provisional discharge, and make recommendations to
the commissioner concerning them.
Members of the special review board shall receive
compensation and reimbursement for expenses as established by
the commissioner.
Sec. 84. Laws 1982, chapter 642, section 8, is repealed.
Sec. 85. Laws 1982, Third Special Session chapter 1,
article 2, section 7, is amended to read:
Sec. 7. [356.62] [PAYMENT OF EMPLOYEE CONTRIBUTION.]
For purposes of any public pension plan, as defined in
section 356.60, subdivision 1, clause (a) 356.61, each employer
shall pick up the employee contributions required pursuant to
law or the pension plan for all salary payable after December
31, 1982. If the United States Treasury department or a federal
court rules that pursuant to section 414(h) of the Internal
Revenue Code of 1954, as amended, that these picked up
contributions, are not includable in the employee's adjusted
gross income until they are distributed or made available, then
these picked up contributions shall be treated as employer
contributions in determining tax treatment pursuant to the
Internal Revenue Code of 1954, as amended, and the employer
shall discontinue withholding federal income taxes on the amount
of these contributions. The employer shall pay these picked up
contributions from the same source of funds as is used to pay
the salary of the employee. The employer shall pick up these
employee contributions by a reduction in the cash salary of the
employee. Employee contributions that are picked up shall be
treated for all purposes of the public pension plan in the same
manner and to the same extent as employee contributions that
were made prior to the date on which the employee contributions
pick up began. For purposes of this section, "employee" means
any person covered by a public pension plan. For purposes of
this section, "employee contributions" include any sums deducted
from the employee's salary or wages or otherwise paid in lieu
thereof, regardless of whether they are denominated
contributions by the public pension plan.
For any calendar year in which withholding has been reduced
pursuant to this section, the association or agency
administering the plan shall supply each employee and the
commissioner of revenue with an information return indicating
the amount of the employer's picked-up contributions for the
calendar year that were not subject to withholding. This return
shall be provided to the employee not later than January 31 of
the succeeding calendar year. The commissioner of revenue shall
prescribe the form of the return and the provisions of sections
290.41 and 290.42 shall apply to the extent not inconsistent
with the provisions of this section.
Sec. 86. [INSTRUCTION TO THE REVISOR.]
In Minnesota Statutes the revisor shall substitute the
phrase "sections 367.30 to 367.36" for the phrase "Laws 1975,
Chapter 274" wherever it appears in sections 367.30 to 367.36.
Sec. 87. [INSTRUCTION TO THE REVISOR.]
In Minnesota Statutes the revisor shall substitute the
words "economic security" for "employment services" to identify
a fund, building, law, account, or other term that now relates
to the department of economic security but still refers to the
former department of employment services.
Sec. 88. [INSTRUCTION TO THE REVISOR.]
In Minnesota Statutes, chapter 182, the revisor shall
change all references to "Laws 1973, chapter 732," to "sections
182.65 to 182.674."
Article 2
Section 1. [EFFECT OF AMENDMENTS AND REPEALS.]
Subdivision 1. [CONFLICTS; PREVAILING LAW.] Regardless of
the order of final enactment of this article and the acts it
amends, the amendments or repeals in this article shall be given
effect. Notwithstanding Minnesota Statutes, sections 645.26,
subdivision 3, 645.33, or other law, an amendment in this act
shall prevail over any other act amending the same provisions of
law in an irreconcilable manner.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective the
day following its final enactment.
Sec. 2. [CORRECTION.] Subdivision 1. [MISNAMING.]
Minnesota Statutes 1982, section 116J.89, subdivision 1b, if
added by H.F. No. 300 at the 1983 regular session, is amended to
read:
[116J.89] Subd. 1b. [PREFERENCES.] (a) The following
eligible small businesses have preference among business
applicants:
(1) businesses located in areas of the state that are
experiencing the most severe unemployment rates in the state;
(2) eligible small businesses that are likely to expand and
provide additional permanent employment;
(3) businesses located in border communities that
experience a competitive disadvantage due to location;
(4) businesses that have been unable to obtain traditional
financial assistance due to a disadvantageous location, minority
ownership, or other factors rather than due to the business
having been considered a poor financial risk;
(5) businesses that utilize state resources, thereby
reducing state dependence on outside resources, and that produce
products or services consistent with the long-term social and
economic needs of the state;
(6) businesses located in designated enterprise zones, as
described in section 273.1312, subdivision 4; and
(7) business located in federally designated economically
distressed areas.
(b) Except in the issuance of agency authority bonds or
notes, the agency authority may not invest the fund in a program
that does not have financial participation from the private
sector, as determined by the authority.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective July
1, 1983.
Sec. 3. [CORRECTION.] Subdivision 1. [CLARIFICATION.]
Minnesota Statutes 1982, section 124.2137, subdivision 1, if
amended at the 1983 regular session by a law styled as H.F. No.
1259, article 2, section 1, is amended to read:
Subdivision 1. [TAX REDUCTIONS.] The county auditor shall
reduce the tax for school purposes on all property receiving the
homestead credit pursuant to section 273.13, subdivision 6, by
an amount equal to 29 percent of the tax levy imposed on up to
320 acres of land including the buildings and structures thereon
but excluding the homestead dwelling and surrounding one acre of
land. The county auditor shall reduce the tax for school
purposes on the next 320 acres classified pursuant to section
273.13, subdivision 6 by an amount equal to 13 percent of the
tax levy imposed on the property. The tax on all other
agricultural lands classified pursuant to section 273.13,
subdivision 6 shall be reduced by an amount equal to ten percent
of the tax levy imposed on the property. The tax on the first
320 acres of agricultural land classified pursuant to section
273.13, subdivision 4 and all real estate devoted to temporary
and seasonal residential occupancy for recreational purposes,
but not devoted to commercial purposes, shall be reduced by an
amount equal to 13 percent of the tax imposed on the property.
The tax on timber land classified pursuant to section 273.13,
subdivision 8a and agricultural land in excess of 320 acres
classified pursuant to section 273.13, subdivision 4 shall be
reduced by an amount equal to ten percent of the tax levy
imposed on the property. The amounts so computed by the county
auditor shall be submitted to the commissioner of revenue as
part of the abstracts of tax lists required to be filed with the
commissioner under the provisions of section 275.29. Any prior
year adjustments shall also be certified in the abstracts of tax
lists. The commissioner of revenue shall review the
certifications to determine their accuracy. He may make changes
in the certification as he may deem necessary or return a
certification to the county auditor for corrections. The amount
of the reduction provided under this subdivision which any
taxpayer can receive on all qualifying property which he owns
shall not exceed $2,000 in the case of agricultural property and
shall not exceed $100 in the case of seasonal residential
recreational property. In the case of property owned by more
than one person, the maximum amount of the reduction shall apply
to the total of all the owners. For purposes of computing the
credit pursuant to this subdivision, the "tax levy" shall be the
tax levy reduced by the credits provided by sections 273.115,
273.116, 273.123, 273.42, subdivision 2, and 473H.10.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective the
day following its final enactment.
Sec. 4. [CORRECTION.] Subdivision 1. [PUNCTUATION ERROR.]
Minnesota Statutes 1982, section 179.63, subdivision 7, if
amended by a law styled as H.F. No. 537, at the 1983 regular
session, is amended to read:
Subd. 7. "Public employee" or "employee" means any person
appointed or employed by a public employer except:
(a) elected public officials;
(b) election officers;
(c) commissioned or enlisted personnel of the Minnesota
national guard;
(d) emergency employees who are employed for emergency work
caused by natural disaster;
(e) part-time employees whose service does not exceed the
lesser of 14 hours per week or 35 percent of the normal work
week in the employee's bargaining unit;
(f) employees who hold positions of a basically temporary
or seasonal character for a period not in excess of 100 working
days in any calendar year;
The exclusions of clauses (e) and (f) shall not apply to:
(1) an employee hired by a school district, the community
college board, or the state university board, except at the
university established in section 136.017, or for community
services or community education instruction offered on a
noncredit basis, to replace an absent teacher or faculty member
who at the time of his absence is a "public employee" not within
the other exclusions of this subdivision where the replacement
employee is employed more than 30 working days as a replacement
for that teacher or faculty member; and
(2) an employee hired by a school district, the community
college board, or the state university board, except at the
university established in section 136.017, or for community
services or community education instruction offered on a
noncredit basis, for a teaching position created by increased
enrollment, curriculum expansion, courses which are a part of
the curriculum whether offered annually or not, or other
appropriate reasons.
The provisions of paragraphs (1) and (2) above do not apply
to an individual hired to teach one course for up to four
credits for one quarter in a year.
Community college and state university faculty members
included pursuant to clauses (1) and (2) shall be included under
master contracts commencing on or after July 1, 1983;
(g) employees providing services for not more than two
consecutive quarters to the state university board or the
community college board under the terms of a professional or
technical services contract as defined in section 16.098;
(h) graduate assistants employed by the school in which
they are enrolled in a graduate degree program;
(i) employees of charitable hospitals as defined by section
179.35, subdivision 3;
(j) full-time undergraduate students employed by the school
which they attend under a work study program or in connection
with the receipt of any financial aid, irrespective of number of
hours of service per week;
(k) an individual who renders part-time teaching service
for less than 300 hours in a fiscal year as an instructor in an
adult vocational education program.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective July
1, 1983.
Sec. 5. [CORRECTION.] Subdivision 1. [COUNCIL FOR
HANDICAPPED; INACCURATE REPEALER.] Minnesota Statutes 1982,
section 256.482, subdivision 1, if amended by S.F. No. 616, at
the 1983 regular session, is amended to read:
256.482 [COUNCIL FOR THE HANDICAPPED.]
Subdivision 1. [ESTABLISHMENT; MEMBERS.] There is hereby
established the council for the handicapped which shall consist
of 21 members appointed by the governor. Members shall be
appointed from the general public and from organizations which
provide services for handicapped persons. A majority of council
members shall be handicapped persons or parents or guardians of
handicapped persons. There shall be at least one member of the
council appointed from each of the state development regions.
The commissioners of the departments of education, public
welfare, health, economic security, and human rights and the
directors of the division of vocational rehabilitation and state
services for the blind or their designees shall serve as ex
officio members of the council without vote. In addition, there
may be ex officio members from other bureaus, divisions, or
sections of state departments which are directly concerned with
the provision of services to handicapped persons.
The terms of members serving as of December 31, 1983, shall
expire on that date. Thereafter, notwithstanding the provisions
of section 15.059, each member of the council appointed by the
governor shall serve a three-year term and until his or her
successor is appointed and qualified, provided that of the
members initially appointed to serve starting in 1984, one-third
shall be appointed for one year, one-third for two years, and
one-third for three years as designated by the governor. The
compensation and removal of all members shall be as provided in
section 15.059. The governor shall appoint a chair of the
council from among the members appointed from the general public
or handicapped persons or their parents or guardians. Vacancies
shall be filled by the appointing authority for the remainder of
the unexpired term. The council shall not expire and as
provided in section 15.059.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective the
day following final enactment of S.F. No. 616.
Sec. 6. [CORRECTION.] Subdivision 1. [OMITTED FIGURE.]
Minnesota Statutes 1982, section 290.06, subdivision 2f, added
by H.F. No. 1259, if enacted by the 1983 regular session, is
amended to read:
[290.06] Subd. 2f. [SUSPENSION OF INFLATION ADJUSTMENTS.]
(a) The taxable net income brackets, the personal credit amounts
established pursuant to subdivision 3f and 3g, and the maximum
standard deduction provided under section 16, subdivision 3,
shall not be adjusted for inflation pursuant to subdivision 2d,
for taxable years beginning during a calendar year if the
following conditions occur:
(1) The legislature and the governor have enacted a budget
providing for an appropriation to the budget reserve account of
at least $250,000,000 for the biennium during which the calendar
year began or, in the second half of an odd-numbered year, for
the biennium which began during the calendar year; and
(2) The commissioner of finance estimated at the time the
budget is enacted that the state would receive sufficient
general fund receipts during the biennium to fund the full
appropriation to the budget reserve account; and
(3) On or before September 15 of the calendar year it is
estimated by the commissioner of finance that the probable
general fund receipts from taxes and other sources will be less
than estimated and consequently the amount available for the
remainder of the biennium after transferring any available funds
in the budget reserve account will be less than the amount
estimated or allotted to be expended or incurred from the
general fund; and
(4) The additional receipts resulting from the suspension
of the inflation adjustments, together with all other general
fund revenues, are not estimated to exceed the sum of the
amounts necessary to fund in full all appropriations, including
the appropriation to the budget reserve account, in which case
the commissioner of revenue shall provide for partial inflation
adjustments sufficient to fund in full the appropriations.
(b) The suspension of inflation adjustments shall apply
only during the biennium in which the conditions specified in
paragraph (a) have been satisfied.
(c) For taxable years beginning during a calendar year in
which the inflation adjustments of the brackets, credits, and
maximum standard deduction are not made pursuant to this
subdivision, the taxable net income adjustment factor, as
defined in section 290.18, subdivision 4, shall be the
adjustment factor applicable to taxable years beginning during
the preceding calendar year. For taxable years beginning during
a calendar year in which the inflation adjustments are suspended
for one-half of the taxable year as a result of paragraph (b),
the taxable net income adjustment factor shall be determined by
multiplying the factor for the previous year by an amount equal
to the current year factor minus one, divided by two, plus one.
(d) For taxable years beginning during a calendar year in
which the inflation adjustments are suspended pursuant to this
subdivision and for which paragraph (b) will result in the
inflation adjustments being suspended for only one-half of the
taxable year, the commissioner of revenue shall adjust the
withholding tables, notwithstanding section 290.92, subdivision
2a, so that the additional tax imposed is withheld and remitted
by employers during the first six months of the taxable year as
if the suspension were in effect for the entire year.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective the
day following its final enactment.
Sec. 7. [CORRECTION; UNINTENDED RESULT.] Subdivision 1.
[PLAIN LANGUAGE AMENDMENT.] Minnesota Statutes 1982, section
325G.30, subdivision 3, if amended by H.F. No. 558, section 4,
at the 1983 regular session, is amended to read:
Subd. 3. [CONSUMER CONTRACT.] "Consumer contract" means
any written contract with a consumer except: (1) a contract
where the price, excluding interest or finance charges, is more
than $50,000; (2) a contract mortgaging through which a consumer
mortgages an interest in realty or obtains money or credit to be
used to purchase or refinance an interest in realty; (3) a
contract in which the sale of personal property is merely
incidental to the sale of an interest in realty.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective the
day following final enactment of H.F. No. 558.
Sec. 8. [CORRECTION.] Subdivision 1. [TYPOGRAPHICAL
ERROR.] Minnesota Statutes 1982, section 586.11, if H.F. No.
330, section 196, is enacted at the 1983 regular session, is
amended to read:
586.11 [JURISDICTION OF DISTRICT AND APPELLATE COURTS.]
The district court has exclusive original jurisdiction in
all cases of mandamus, except where the writ is to be directed
to a district court or a judge thereof in his official capacity,
in which case the court of appeals has exclusive original
jurisdiction, or except where the writ is to be directed to the
court of appeals or a judge thereof in his official capacity.
If the writ is to be directed to the court of appeals or a judge
thereof in his official capacity, the supreme court of or a
judge thereof has original jurisdiction. The rules of civil
appellate procedure shall apply in all proceedings on the writ.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective
August 1, 1983.
Sec. 9. [CORRECTION.] Subdivision 1. [INCORRECT SECTION
REFERENCE.] Laws 1983, chapter 13, section 4, is amended to read:
Sec. 4. [357.242] [PARENTS OF JUVENILES.]
In any proceeding where a parent or guardian attends the
proceeding with a minor witness and the parent or guardian is
not himself a witness, one parent or guardian shall be
compensated in those cases where witness compensation is
mandatory under sections 357.22, 257.24 357.24, or section 3,
and may be compensated at the discretion of the judge when the
minor is a witness on behalf of a defendant in a criminal case
or on behalf of a juvenile in a juvenile court proceeding. The
court shall award no more than a combined total of $40 to the
parent or guardian and the minor witness.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective
August 1, 1983.
Sec. 10. [CORRECTION.] Subdivision 1. [INCORRECT
TERMINOLOGY.] Laws 1983, chapter 25, section 3, is amended to
read:
Sec. 3. [EFFECTIVE DATE.]
Sections 1 and 2 are effective August 1, 1983, and apply to
adult reference motions filed on or after that date. Orders for
reference issued prior to the effective date shall be considered
in the enforcement of this act.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective
August 1, 1983.
Sec. 11. [CORRECTION.] Subdivision 1. [INCORRECT
REFERENCE.] Laws 1983, chapter 62, section 12, is amended to
read:
Sec. 12. [REPEALER.]
Minnesota Statutes 1982, sections 205.03; 205.04; 205.11;
205.14; 205.15; 205.19; and 205.21 205.021 are repealed.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective
August 1, 1983.
Sec. 12. [CORRECTION.] Subdivision 1. [COURT COMMISSIONER
MARRIAGES; OMITTED EFFECTIVE DATE.] Laws 1983, chapter 136, is
amended by adding a section to read:
Sec. 2. [EFFECTIVE DATE.]
Section 1 is effective the day following final enactment.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective
retroactively to May 13, 1983.
Sec. 13. [CORRECTION.] Subdivision 1. [UNINTENDED
RESULT.] Laws 1983, chapter 149, section 2, subdivision 4, is
amended to read:
[306.242] Subd. 4. [REINVESTMENT.] If, for 30 60 days
after the first day of May following the service or publication
of the board's resolution, the owner or person with a legal
interest in the cemetery plot fails to state a valid interest in
the use of the cemetery plot for burial purposes, the owner's
rights are terminated and that portion of the cemetery once
again belongs to the cemetery association.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective
August 1, 1983.
Sec. 14. [CORRECTION.] Subdivision 1. [REFERENCE TO
NONEXISTENT PROVISION REMOVED ON FLOOR.] A law styled as S.F.
No. 682, section 2, subdivision 1, if enacted at the 1983
regular session, is amended to read:
[346.36] Subdivision 1. [SCOPE.] Sections 1 to 10 shall
only apply to veterinarians, animal boarding facilities, and
commercial animal facilities, excepting section 4, subdivision
9. As used in sections 1 to 10 the terms defined in this
section have the meanings given them.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective
August 1, 1983.
Sec. 15. [CORRECTION.] Subdivision 1. [INADVERTENT
FAILURE TO DELETE.] A law styled as S.F. No. 695, section 17,
subdivision 5, if enacted at the 1983 regular session, is
amended to read:
Subd. 5. The commission shall make use of existing
legislative facilities and staff of the house and senate
research department and senate counsel, but it may also request
the legislative coordinating commission to supply it with
additional necessary staff, office space, and administrative
services. All additional personnel shall be hired and
supervised by the directors of the house and senate research
departments and senate counsel. The commission shall have full
authority to contract for expert services and opinions relevant
to the purposes of this section. The commission, by a
two-thirds vote of its members, may request the issuance of
subpoenas, including subpoenas duces tecum, requiring the
appearance of persons, production of relevant records, and
giving of relevant testimony.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective the
day following final enactment of S.F. No. 695.
Sec. 16. [CORRECTION.] Subdivision 1. [NUMERICAL ERROR.]
A law styled as S.F. No. 1233, section 2, subdivision 1, if
enacted at the 1983 regular session, is amended to read:
Subdivision 1. Total Department
Appropriation $798,913,700 $804,853,200
Approved Complement - 4425
General - 16 45
State Airports - 37
Trunk Highway - 4371 4342
Federal - 1
The appropriations in this section are
from the trunk highway fund, except
where another fund is designated.
Of this appropriation, $24,862,800 the
first year and $23,933,800 the second
year is from the general fund;
$9,311,900 the first year and
$10,310,400 the second year is from the
state airports fund; $51,500,000 the
first year and $54,100,000 the second
year is from the municipal state aid
street fund; $154,900,000 the first
year and $163,400,000 the second year
is from the county state aid highway
fund; $558,339,000 the first year and
$553,109,000 the second year is from
the trunk highway fund.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective July
1, 1983.
Sec. 17. [CORRECTION; HORSE RACING BILL.] Subdivision 1.
[OMISSION.] A law styled as H.F. No. 77, section 9, subdivision
1, if enacted at the 1983 regular session, is amended to read:
[240.09] Subdivision 1. [APPLICATION.] The commission may
issue class D licenses to county agricultural societies or
associations incorporated under chapter 38 or nonprofit
corporations organized under chapter 317 in existence and
operating fairs on April 21, 1951 and operating fairs, to
conduct and manage, on their own fairgrounds, horse racing on
which pari-mutuel betting is conducted. An application for a
class D license must be on a form the commission prescribes and
must be accompanied by a certified copy of a resolution of the
county board of the county where racing is to be conducted
stating that it has reviewed the license application and does
not object to it. An application for a class D license must be
accompanied by detailed plans and specifications of the track,
buildings, fences, and other improvements.
Subd. 2. [OMISSION.] A law styled as H.F. No. 77, section
25, subdivision 1, if enacted at the 1983 regular session, is
amended to read:
[240.25] Subdivision 1. [ILLEGAL BETS.] No person may
place or accept a bet as defined in section 609.75 on or off the
premises of a licensed racetrack other than a bet made within a
licensed pari-mutuel system.
Subd. 3. [OMISSION.] Minnesota Statutes 1982, section
609.75, subdivision 3, if H.F. No. 77, section 35, is enacted at
the 1983 regular session, is amended to read:
Subd. 3. [WHAT ARE NOT BETS.] The following are not bets:
(1) A contract to insure, indemnify, guarantee or otherwise
compensate another for a harm or loss sustained, even though the
loss depends upon chance.
(2) A contract for the purchase or sale at a future date of
securities or other commodities.
(3) Offers of purses, prizes or premiums to the actual
contestants in any bona fide contest for the determination of
skill, speed, strength, endurance, or quality or to the bona
fide owners of animals or other property entered in such a
contest.
(4) The game of bingo when conducted in compliance with
sections 349.11 to 349.23.
(5) A private social bet not part of or incidental to
organized, commercialized, or systematic gambling.
(6) The operation of a gambling device or the conduct of a
raffle as defined in section 349.26, by an organization licensed
for such operation by a local unit of government pursuant to
section 349.26.
(7) Pari-mutuel betting on horse racing when the betting is
conducted under chapter 240.
Subd. 4. [EFFECTIVE DATE.] Subdivisions 1 to 3 are
effective the day following final enactment of H.F. No. 77 at
the 1983 regular session.
Sec. 18. [CORRECTION.] Subdivision 1. [SECTION AMENDED
BUT REPEALED BY ANOTHER ACT.] A law styled as H.F. No. 300,
section 75, if enacted at the 1983 regular session, is repealed.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective July
1, 1983.
Sec. 19. [CORRECTION.] Subdivision 1. [EFFECTIVE DATE
OMISSION.] A law styled as H.F. No. 1259, article 1, section 45,
if enacted at the 1983 regular session, is amended to read:
Sec. 45. [EFFECTIVE DATE.]
Sections 1 to 44 are effective for taxable years beginning
after December 31, 1982, except as otherwise specifically
provided by this section or section 2. For any carryback to a
taxable year beginning before January 1, 1983, "$15,000" shall
be substituted for "$30,000" each place it appears in the second
paragraph of Minnesota Statutes, section 290.09, subdivision 29,
clause (c), the modifications to the rate of phase-out of the
deduction provided by section 22 do not apply to such carryback,
and section 22 is effective for carryover amounts from taxable
years beginning before January 1, 1983. The amendments striking
Minnesota Statutes 1982, section 290.01, subdivision 20a, clause
(22) and subdivision 20b, clause (23) are effective for taxable
years beginning after December 31, 1983. The amendment to
Minnesota Statutes 1982, section 290.01, subdivision 20a,
striking clause (5) is effective for medical expenses deducted
in taxable years after December 31, 1981. The amendments to
Minnesota Statutes 1982, section 290.01, subdivision 20a,
striking clause (6) is effective for federal income tax refunds
received for taxable years beginning after December 31, 1980.
The amendment to Minnesota Statutes 1982, section 290.01,
subdivision 20a, striking clause (20) and subdivision 20b,
striking clause (20) is effective for taxable years beginning
after December 31, 1980. The carryover provisions of sections
290.06, subdivisions 9 and 9a continue to apply to credit
amounts attributable to a taxable year beginning before January
1, 1983. Section 40 is effective for claims based on rent paid
in 1983 and thereafter and for property taxes paid in 1984 and
thereafter. Sections 14, 24, and 32 are effective for taxable
years beginning after June 30, 1981. The amendment to Minnesota
Statutes 1982, section 290.01, subdivision 20a, striking clause
(2) is effective for taxable years beginning after December 31,
1983. The casualty loss deduction contained in section 16 shall
also apply to the taxpayer's last taxable year beginning before
January 1, 1983, solely for purposes of determining the amount
allowable as a deduction with respect to any loss allowed as a
deduction for that year by reason of section 165(i) of the
Internal Revenue Code of 1954, as amended through January 15,
1983.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective the
day following its final enactment.
Sec. 20. [CORRECTION.] Subdivision 1. [OMISSION.] H.F.
No. 1283, section 2, subdivision 4, if enacted by the 1983
regular session, is amended to read:
Subd. 4. Vocational Technical
Instruction
$5,590,300 $4,892,200
Of this appropriation $1,999,100 in the
first year and $1,440,100 for the
second year is for post-secondary
vocational repair and betterment aid.
The appropriation for post-secondary
repair and betterment aid for 1984
includes $191,000 for aid for fiscal
year 1983 payable in fiscal year 1984,
and $1,808,100 for aid for fiscal year
1984 payable in fiscal year 1984.
The appropriation for post-secondary
repair and betterment aid for 1985
includes $319,000 for aid for fiscal
year 1984 payable in fiscal year 1985,
and $1,121,100 for aid for fiscal year
1985 payable in fiscal year 1985.
$525,000 the first year and $500,000
the second year is for the Minnesota
curriculum services center, the
vocational student organization center,
and vocational area agricultural
coordinators. If the appropriation for
either year is insufficient, the
appropriation for the other year is
available for it. This appropriation
shall be spent pursuant to agreements
between the state board of education
and the recipients. The agreements are
not subject to the contract approval
procedures of the commissioner of
administration.
Until June 30, 1985, the Minnesota
curriculum services center may charge
fees to users of its services
sufficient to cover the cost of
duplication and distribution, plus 20
percent.
Until June 30, 1985, the Minnesota
curriculum services center may sell to
school districts and agencies in other
states and to the general public its
instructional material and media at
commercial or market prices. The
profit derived from the sale of
materials and media will be used to
offset the operating costs of the
center. An accounting of costs, sales
and receipts shall be provided to the
commissioner of education on July 1,
1984 and July 1, 1985.
Funding for the Minnesota Curriculum
Services Center during the biennium
shall be allocated under the average
cost funding methodology.
The state board for vocational
education shall develop and implement a
plan for the transfer of the area
agricultural coordinator functions and
positions into the area
vocational-technical institute system
effective July 1, 1984, for the
biennium. During the biennium support
for the positions shall be provided all
or in part from the instructional funds
under the average cost funding
methodology.
$300,000 in the first year and $300,000
in the second year is for the
acquisition of equipment for
technology-related programs in the area
vocational-technical institutes.
$150,000 in the first year is
appropriated for the purpose of
implementing sections 56, 57, 58, 59,
60, 61, 63, and 64.
Federal money received for state
vocational education programs pursuant
to the Vocational Education Act of
1963, Section 120, United States Code,
title 20, section 2330 and required to
be used for vocational education of the
disadvantaged and handicapped shall be
used during the biennium only for
grants and not for state administrative
costs. During the biennium the grant
money may be used by a school district
for its own administrative costs if
otherwise permitted by federal law.
The remainder of section 120 money not
required to be used for eliminating sex
bias, for displaced homemakers
programs, and for matching requirements
in vocational education shall be used
during the biennium for grants for
post-secondary vocational instructional
aid allocations for support services.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective July
1, 1983.
Sec. 21. [CORRECTION.] Subdivision 1. [MATH ERROR.] A law
styled as H.F. No. 1290, section 1, if enacted at the 1983
regular session, is amended to read:
Section 1. [STATE DEPARTMENTS; APPROPRIATIONS.]
The sums set forth in the columns designated
"APPROPRIATIONS" are appropriated from the general fund, or any
other fund designated, to the agencies and for the purposes
specified in the following sections of this act, to be available
for the fiscal years indicated for each purpose. The figures
"1983," "1984," and "1985," where used in this act, mean that
the appropriation or appropriations listed under them are
available for the year ending June 30, 1984, or June 30, 1985,
respectively.
SUMMARY BY FUND
1984 1985 TOTAL
General $446,377,500 $472,622,200 $918,999,700
$446,517,200 $472,751,500 $919,268,700
Special 10,828,900 13,489,000 24,317,900
State Airports 70,000 140,000 210,000
Game and Fish 31,069,800 31,530,300 62,600,100
Trunk Highway 9,460,300 19,260,700 28,721,000
Highway User 1,267,700 1,502,600 2,770,300
Special Comp. 1,678,900 1,697,000 3,375,900
TOTAL $500,753,100 $540,241,800 $1,040,994,900
$500,892,800 $540,371,100 $1,041,263,900
APPROPRIATIONS
Available for the Year
Ending June 30
1984 1985
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective July
1, 1983.
Sec. 22. [CORRECTION.] Subdivision 1. [MATH ERROR.] A law
styled as H.F. No. 1290, section 16, if enacted at the 1983
regular session, is amended to read:
Sec. 16. ADMINISTRATION
General Operations and Management 20,514,100 20,424,200
20,679,100 20,669,200
1984 1985
Approved Complement - 770 760
General - 369.7 359.7
Dedicated - 400.3 400.3
The amounts that may be expended from
this appropriation for each program are
as follows:
Management Services
$3,807,300 $3,737,000
By January 1, 1984, the commissioner of
administration shall complete a review
of the records retention and
disposition schedules for state
agencies in the executive branch
previously approved by the records
disposition panel and recommend to the
agency and to the panel shortening the
retention period for records whose cost
of retention for that period is, in her
opinion, excessive in relation to the
benefit from retention for that period.
Real Property Management
$8,956,300 $9,087,600
$9,096,300 $9,282,600
$140,000 the first year and $195,000
the second year is for operation and
maintenance of the Minnesota education
association building at 55 Sherburne
avenue, if acquired by the state.
By January 1, 1984, the commissioner
shall conduct a study of parking fees
and parking policies in the capitol
complex, the seven county metropolitan
area, and outstate areas. The study
shall include, but not be limited to,
the review of free, subsidized, and
full rate lots and whether rates
charged should recover in total or in
part the costs of improvements to the
lots. The report shall be sent to the
chairmen of the appropriations
committee in the house and the finance
committee in the senate.
The cost of energy audits performed on
buildings housing activities of the
department of natural resources and the
transportation department shall be
reimbursed to the general fund from the
game and fish fund and the trunk
highway fund respectively.
The department of administration shall
designate adequate space on second
floor of the capitol building to be
retained for food distribution services
pursuant to section 248.07, subdivision
7.
Repair and Betterment
$ 642,200 $ 384,500
$ 617,200
$67,000 the first year shall be used to
incorporate prairie landscaping in Cass
Gilbert park and, if funds are
available, install irrigation systems
in the remainder of the park and other
areas within the capitol complex.
$58,000 each year is for tree and shrub
replacement. This appropriation shall
be used for native Minnesota trees and
shrubs, primarily evergreens.
The commissioner and the capitol area
architectural and planning board shall
consult with and solicit the assistance
of volunteers provided by the state
horticultural society to improve and
maintain the flowers, shrubs, and trees
in the capitol area.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
State Agency Services
$1,914,000 $1,554,000
$1,964,000 $1,604,000
$250,000 the first year and $20,000 the
second year is for automation of the
procurement system.
During the biennium ending June 30,
1985, the commissioner of
administration shall purchase goods
under contracts held by the regents of
the university of Minnesota and
Hennepin and Ramsey counties whenever
this will result in cost savings to the
state. The commissioner shall study
the consequences of doing this for all
purchases.
During the biennium ending June 30,
1985, the commissioner of
administration shall provide state
agency guidebooks to members of the
legislature.
Public Services
$4,248,000 $4,712,600
$211,800 each year is for block grants
to public television stations.
$373,500 each year is for matching
grants to public television stations.
$195,100 each year is for grants to
public radio stations pursuant to
Minnesota Statutes, section 139.19.
$120,000 the first year is for
emergency equipment replacement at the
Austin public television station.
$2,000 the first year and $2,000 the
second year is for the state employees'
band.
Any unencumbered balance remaining in
the first year for grants to public
television or radio stations does not
cancel but is available for the second
year of the biennium.
General Support
$ 946,300 $ 948,500
The commissioner of administration with
the approval of the commissioner of
finance may transfer unencumbered
balances not specified for a particular
purpose among the programs specified in
this section. Transfers shall be
reported immediately to the committee
on finance of the senate and the
committee on appropriations of the
house of representatives.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective July
1, 1983.
Sec. 23. [CORRECTION.] Subdivision 1. [MATH ERROR.] A law
styled as H.F. No. 1290, section 37, if enacted at the 1983
regular session, is amended to read:
Sec. 37. VETERANS AFFAIRS
General Operations and Management 10,449,800 10,540,300
10,424,500 10,424,600
Approved Complement - 314.5
The amounts that may be expended from
this appropriation for each program are
as follows:
Veterans Benefits and Services
$2,277,200 $2,256,400
$1,938,100 $1,038,100 each year is for
emergency financial and medical needs
of veterans. For the biennium ending
June 30, 1985, the commissioner shall
limit financial assistance to veterans
and dependents to six months, unless
recipients have been certified as
ineligible for other benefit programs.
Of this appropriation, $50,000 each
year shall be expended with the
approval of the governor after
consultation with the legislative
advisory commission pursuant to
Minnesota Statutes, section 3.30.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Of this appropriation, $37,800 the
first year and $38,500 the second year
is for war veterans and war orphans
education aid, to be expended pursuant
to Minnesota Statutes, section 197.75.
Veterans Home - Minneapolis
$6,116,200 $6,217,200
$6,090,900 $6,101,500
Of the appropriation in fiscal year
1984, $10,000 is for a grant to the
Vietnam veterans awareness council for
the purposes of obtaining liability
insurance and repairs and betterments
on building #2 which currently provides
emergency shelter for veterans and
their families.
By January 15, 1984, the commissioner
shall report to the legislature on the
cost effectiveness of seeking
certification of the Minneapolis
nursing care building for medical
assistance reimbursement.
Veterans Home - Hastings
$2,047,800 $2,066,700
Big Island Veterans Camp
$ 8,600
This appropriation is for contract
expenses associated with operating the
Big Island veterans camp; the contract
shall be for up to two years in length
and shall specify that the contractor
will cooperate with the Hennepin county
park reserve district.
Any unencumbered balance remaining in
the first year does not cancel but is
available for the second year of the
biennium.
The commissioner of veterans affairs
with the approval of the commissioner
of finance may transfer unencumbered
balances not specified for a particular
purpose among the programs specified in
this section. Transfers shall be
reported immediately to the committee
on finance of the senate and the
committee on appropriations of the
house of representatives.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective July
1, 1983.
Sec. 24. [CORRECTION.] Subdivision 1. [MISASSIGNMENT OF
APPROPRIATION.]
The sum of $18,000 for fiscal year 1984 and $22,000 for
fiscal year 1985 appropriated by 1983 regular session H.F. No.
1290, section 28, to the financial management division of the
department of energy and economic development for expenses of an
intervention office shall be transferred to the department of
public service.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective July
1, 1983.
Sec. 25. [CORRECTION.] Subdivision 1. [BIG ISLAND
VETERANS CAMP.] Designation under H.F. No. 1310, section 4,
clause (d), does not constitute a direction to or authorization
of any political subdivision to acquire any public land within
the designated area, and such acquisition is subject to approval
by the legislature.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective the
day following its final enactment.
Sec. 26. [CORRECTION.]
Subdivision 1. [BALLOTS FOR COURT OF APPEALS JUDGES.]
Minnesota Statutes 1982, section 204D.11, subdivision 1, if
amended by H.F. No. 330, section 90, is amended to read:
Subdivision 1. [WHITE BALLOT; RULES; REIMBURSEMENT.] The
names of the candidates for all partisan offices voted on at the
state general election and candidates for the office of justice
and chief justice of the supreme court and the office of judge
of the court of appeals shall be placed on a single ballot
printed on white paper which shall be known as the "white
ballot." This ballot shall be prepared by the county auditor
subject to the rules of the secretary of state. The state shall
reimburse the counties for the cost of preparing the white
ballot and the envelopes required for the returns of that
ballot. The secretary of state shall adopt rules for
preparation and time of delivery of the white ballot and for
reimbursement of the counties' costs.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective
August 1, 1983.
Sec. 27. A bill styled as S.F. No. 1234 enacted at the
1983 regular session, article 8, section 13, is amended to read:
Sec. 13. 268.81 [PAYMENT OF ALLOWANCE.]
A person accepted pursuant to section 12 for participation
in the Minnesota emergency employment development jobs program
and determined by the commissioner to satisfy the eligibility
standards set forth in sections 256D.01 to 256D.21, shall be
paid a cash allowance by the commissioner in an amount which is
not less than the amount of the general assistance grant that
the person would otherwise receive pursuant to sections 256D.01
to 256D.21. The commissioner shall adopt a permanent or
temporary rule establishing the amounts of allowances to be paid
pursuant to this section. The initial allowance shall be paid
to the person as soon as administratively feasible. A person
referred by a local agency pursuant to section 11 shall be paid
the initial allowance upon the expiration of the period covered
by the one-month grant received from the local agency.
Thereafter, the allowance shall be paid at intervals as the
commissioner shall prescribe by rule or temporary rule. Until
June 30, 1985, a person receiving an allowance when the
Minnesota emergency employment development jobs program is
terminated under article 8 7, section 11 15, shall continue to
be paid an allowance under this section if he continues to meet
the eligibility standards set forth in sections 256D.01 to
256D.21.
Sec. 28. Minnesota Statutes 1982, section 18.041, is
amended to read:
18.041 [DEFINITIONS.]
In sections 18.041 to 18.161, unless the context otherwise
indicates: (a) "governmental unit" means any city, county, or
town; (b) "governing body" means a council, board, body or
persons in which the powers of the governmental unit are vested;
and (c) "mosquito abatement" means the control, abatement, or
prevention of breeding of mosquitoes or such other insects or
arachnids (ticks, mites, spiders) as provided in section 18.091.
Approved May 27, 1983
Official Publication of the State of Minnesota
Revisor of Statutes