Office of the Revisor of Statutes
Minnesota Session Laws - 1985, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1985
CHAPTER 248-S.F.No. 1363
An act relating to Minnesota Statutes; correcting
erroneous, ambiguous, omitted, and obsolete references
and text; eliminating certain redundant, conflicting,
and superseded provisions; reenacting certain laws;
providing instructions to the revisor; amending
Minnesota Statutes 1984, sections 3C.12, subdivision
2; 8.31, subdivision 2; 13.37, subdivision 2; 14.47,
subdivision 8; 16A.065; 16A.133, subdivision 1;
16B.64, subdivision 2; 21.92; 35.09, subdivision 1;
42.09, subdivision 9; 46.046, subdivision 1; 47.101,
subdivisions 2 and 3; 47.29, subdivision 1; 47.30,
subdivisions 2 and 3; 47.51; 48.89, subdivision 1;
60A.03, subdivision 2; 62D.04, subdivision 1; 62D.041,
subdivision 5; 62D.09; 62H.06; 83.23, subdivision 3;
106.631, subdivisions 2 and 4; 116J.58, subdivision 4;
122.531, subdivisions 3a and 5; 124A.03, subdivision
3; 204B.14, subdivision 5; 214.13, subdivision 4;
240.16, subdivision 6; 256B.431, subdivision 4;
257.67, subdivision 3; 260.121, subdivision 3; 268.04,
subdivision 32; 268.08, subdivision 1; 268.675,
subdivision 1; 270.84, subdivision 1; 290.531;
290A.111, subdivision 2; 296.18, subdivision 1;
297A.391; 307.06; 309.502; 349.51, subdivision 5;
352.01, subdivision 2A; 360.531, subdivision 7;
363.071, subdivision 1; 388.051, subdivision 2;
422A.101, subdivision 2; 453.55, subdivision 11;
473.384, subdivision 6; 473.446, subdivision 1;
474.17, subdivision 3; 474.19, subdivisions 3 and 7;
519.01; 525.619; 571.41, subdivision 5b; amending Laws
1984, chapter 463, article 7, section 53, subdivision
2; reenacting Minnesota Statutes 1984, sections
10A.31, subdivision 5; 62D.03, subdivision 4;
repealing Minnesota Statutes 1984, sections 124A.035,
subdivision 6; 177.295; 204B.19, subdivision 3;
repealing Laws 1977, chapter 434, sections 4 and 5;
chapter 386, section 1; Laws 1978, chapter 772,
section 8; Laws 1980, chapter 522, section 4; Laws
1983, chapter 222, section 14; chapter 247, sections
122, 176, and 217; chapter 253, section 19; chapter
299, section 20; chapter 301, section 220; chapter
314, article 11, section 19; chapter 359, section 149;
Laws 1984, chapter 464, section 12, clause (g), and
the second paragraph after clause (g); chapter 468,
section 1; chapter 471, sections 14, 15, and 16;
chapter 514, article 2, section 13; chapter 541,
section 1; chapter 543, section 8; chapter 618,
section 59; that part of Laws 1984, chapter 629,
section 2, that amends section 375.193; Laws 1984,
chapter 638, section 3; chapter 654, article 2,
section 118.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1984, section 3C.12,
subdivision 2, is amended to read:
Subd. 2. [FREE DISTRIBUTION.] The revisor shall distribute
without charge copies of each edition of Minnesota Statutes,
supplements to Minnesota Statutes, and Laws of Minnesota to the
persons or bodies listed in this subdivision. Before
distributing the copies, the revisor shall ask these persons or
bodies whether their work requires the full number of copies
authorized by this subdivision. Unless a smaller number is
needed, the revisor shall distribute:
(a) 30 copies to the supreme court;
(b) 30 copies to the court of appeals;
(c) one copy to each judge of a district court;
(d) one copy to the clerk of each district court for use in
each courtroom of the district court;
(e) one copy to each judge, district attorney, clerk of
court of the United States, and deputy clerk of each division of
the United States district court in Minnesota;
(f) 100 copies to the office of the attorney general;
(g) ten copies each to the governor's office, the
departments of agriculture, commerce, corrections, education,
health, transportation, labor and industry, economic security,
natural resources, public safety, public service, public
welfare, revenue, and the pollution control agency;
(h) two copies each to the lieutenant governor, and the
state treasurer, and the secretary of state;
(i) 20 copies each to the department of administration,
state auditor, and legislative auditor;
(j) one copy each to other state departments, agencies,
boards, and commissions not specifically named in this
subdivision;
(k) one copy to each member of the legislature;
(l) 150 copies for the use of the senate and 200 copies for
the use of the house of representatives;
(m) 50 copies to the revisor of statutes from which the
revisor shall send the appropriate number to the Library of
Congress for copyright and depository purposes;
(n) four copies to the secretary of the senate;
(o) four copies to the chief clerk of the house of
representatives;
(p) 100 copies to the state law library;
(q) 100 copies to the law school of the University of
Minnesota;
(r) five copies each to the Minnesota historical society
and the secretary of state; and
(s) one copy to each county library maintained pursuant to
chapter 134, except in counties containing cities of the first
class. If a county has not established a county library
pursuant to chapter 134, the copy shall be provided to any
public library in the county.
Sec. 2. Minnesota Statutes 1984, section 8.31, subdivision
2, is amended to read:
Subd. 2. [ATTORNEY GENERAL TO ASSIST IN DISCOVERY AND
PUNISHMENT OF ILLEGAL PRACTICES.] When the attorney general,
from information in his possession, has reasonable ground to
believe that any person has violated, or is about to violate,
any of the laws of this state referred to in subdivision 1, he
shall have power to investigate those violations, or suspected
violations, and to take such steps as are necessary to cause the
arrest and prosecution of all persons violating any of the
statutes specifically mentioned in subdivision 1 or any other
laws respecting unfair, discriminatory, or other unlawful
practices in business, commerce, or trade. In connection with
investigation under this section the attorney general upon
specifying the nature of the violation or suspected violation
may obtain discovery from any person regarding any matter, fact
or circumstance, not privileged, which is relevant to the
subject matter involved in the pending investigation, in
accordance with the provisions of this subdivision. The
discovery may be obtained without commencement of a civil action
and without leave of court, except as expressly required by the
provisions of subdivision 2a. The applicable protective
provisions of rules 26.02, 30.02 26.03, and 30.04 and 31.04 of
the rules of civil procedure for the district courts shall apply
to any discovery procedures instituted pursuant to this
section. The attorney general or any person to whom discovery
is directed may apply to and obtain leave of the district court
in order to reduce or extend the time requirements of this
subdivision, and upon a showing of good cause the district court
shall order such a reduction or extension. In order to obtain
discovery, the attorney general may:
(a) Serve written interrogatories on any person. Within 20
days after service of interrogatories, separate written answers
and objections to each interrogatory shall be mailed to the
attorney general.
(b) Upon reasonable written notice of no less than 15 days,
require any person to produce for inspection and copying any
documents, papers, books, accounts, letters, photographs,
objects, or tangible things which are in his possession,
custody, or control.
(c) Upon reasonable written notice of no less than 15 days,
take the testimony of any person by deposition as to any fact or
opinion relevant to the subject matter involved in the pending
investigation.
For the purposes of this subdivision the term "person" has
the meaning specified in section 325F.68.
Sec. 3. Minnesota Statutes 1984, section 10A.31,
subdivision 5, is reenacted.
Sec. 4. Minnesota Statutes 1984, section 13.37,
subdivision 2, is amended to read:
Subd. 2. [CLASSIFICATION.] The following government data
is classified as nonpublic data with regard to data not on
individuals, pursuant to section 13.02, subdivision 9, and as
private data with regard to data on individuals, pursuant to
section 13.02, subdivision 12: Security information; trade
secret information; sealed absentee ballots prior to opening by
an election judge; sealed bids, including the number of bids
received, prior to the opening of the bids; and labor relations
information., provided that specific labor relations information
which relates to a specific labor organization is classified as
protected nonpublic data pursuant to section 13.02, subdivision
13.
Sec. 5. Minnesota Statutes 1984, section 14.47,
subdivision 8, is amended to read:
Subd. 8. [SALES AND DISTRIBUTION OF COMPILATION.] Any
compilation, reissue, or supplement published by the revisor
shall be sold by the revisor for a reasonable fee and its
proceeds deposited in the general fund. An agency shall
purchase from the revisor the number of copies of the
compilation or supplement needed by the agency. The revisor
shall provide one copy of any compilation or supplement to each
county library maintained pursuant to section 134.12 or 375.33
upon its request, except in counties containing cities of the
first class. If a county has not established a county library
pursuant to section 134.12 or 375.33, the copy will be provided
to any public library in the county upon its request.
Sec. 6. Minnesota Statutes 1984, section 16A.065, is
amended to read:
16A.065 [PREPAY SOFTWARE, SUBSCRIPTIONS, U.S. DOCUMENTS.]
Despite section 16A.41, subdivision 1, the commissioner may
allow an agency to make advance deposits or payments for
software or software maintenance services for state-owned or
leased electronic data processing equipment and for newspaper,
magazine, and other subscription fees customarily paid for in
advance, and. The commissioner may also allow advance deposits
by any department with the Library of Congress and federal
Supervisor of Documents for items to be purchased from those
federal agencies.
Sec. 7. Minnesota Statutes 1984, section 16A.133,
subdivision 1, is amended to read:
Subdivision 1. [CREDIT UNION.] An agency head may, with
the written request of an employee, to deduct from the pay of
the employee a requested amount to be paid to any state
employees' credit union, or the Minnesota Benefit Association or
to any organization contemplated by section 179.65 179A.06, of
which the employee is a member. If an employee is a member of
more than one such credit union or more than one such
organization, only one credit union and one organization may be
paid money by payroll deduction from the employee's pay. No
deduction may be made from the salary of an employee for payment
to a credit union or organization unless 100 employees request
deductions for payment to the credit union or organization. The
100 employee minimum does not apply to credit unions and
organizations which received authorized payroll deduction
payments on June 5, 1971.
Sec. 8. Minnesota Statutes 1984, section 16B.64,
subdivision 2, is amended to read:
Subd. 2. [DISTRIBUTION OF INCORPORATIONS BY REFERENCE.]
The commissioner need not publish or distribute those parts of
the code which are adopted by reference pursuant to section
14.06 14.07, subdivision 4.
Sec. 9. Minnesota Statutes 1984, section 21.92, is amended
to read:
21.92 [SEED INSPECTION FUND.]
There is established in the state treasury an account known
as the seed inspection fund. Fees and penalties collected by
the commissioner under sections 21.80 to 21.92 shall be
deposited into this account. The rates at which the fees are
charged may be adjusted pursuant to section 16A.28 16A.128.
Money in this account, including interest earned and any
appropriations made by the legislature for the purposes of
sections 21.80 to 21.92, is annually appropriated to the
commissioner for the administration and enforcement of sections
21.80 to 21.92.
Sec. 10. Minnesota Statutes 1984, section 35.09,
subdivision 1, is amended to read:
Subdivision 1. Notwithstanding any provision of this
chapter to the contrary, neither cattle affected with
tuberculosis, paratuberculosis, or brucellosis shall be killed
as such until they have been inspected by a veterinarian
appointed by the board, and are pronounced by him to be so
diseased.
For each animal slaughtered because of tuberculosis,
paratuberculosis, or brucellosis, the value of the net salvage
of the carcass shall be deducted from the appraised value of the
living animal; two-thirds of the remainder shall be paid to the
owner by the state, except that in all cases where the animal
disease eradication division of the United States department of
agriculture compensates the owner for the animal, in whole or in
part, then the amount of the compensation so received from the
federal government shall be deducted from the amount of
indemnity payable by the state; provided, that in no case shall
any payment be more than $37.50 for grade females animals or
more than $75 for any registered purebred animal, and that no
payment shall be made unless the owner has complied with all
lawful rules of the board.
Sec. 11. Minnesota Statutes 1984, section 42.09,
subdivision 9, is amended to read:
Subd. 9. The applicant must submit a complete operational
plan for each proposed project prepared by the licensee who
shall conduct the operation, which shall include, but not be
limited to:
(a) a specific statement of the nature and objectives of
the intended operation,
(b) a map of the proposed operating area which specifies
the primary target area and shows the area reasonably expected
to be affected and a rain gauge system for both seeded and
downwind areas,
(c) an estimate of the amount of cloud seeding material
expected to be placed in the clouds,
(d) a statement of the types of clouds to be seeded and
identification of a procedure for random selection of at least a
portion of the clouds to be seeded during the operation,
(f) (e) the name and address of the licensee,
(g) (f) the person or organization on whose behalf it is to
be conducted,
(h) (g) a statement showing any expected effect upon the
environment and results of weather modification operations, and
methods of determining and properly evaluating that operation,
and any other detailed information as may be required to
describe the operation and its proposed method of evaluation.
Sec. 12. Minnesota Statutes 1984, section 46.046,
subdivision 1, is amended to read:
Subdivision 1. [WORDS, TERMS, AND PHRASES.] Unless the
language or context clearly indicates that a different meaning
is intended, the word defined in subdivision 2, for the purposes
of sections 45.04 to 45.07 46.041 to 46.044, shall be given the
meaning subjoined to it; and the word defined in subdivision 3,
for the purposes of chapters 46 to 77, shall be given the
meaning subjoined to it.
Sec. 13. Minnesota Statutes 1984, section 47.101,
subdivision 2, is amended to read:
Subd. 2. [BANKING INSTITUTIONS; CERTAIN RELOCATIONS,
APPLICATIONS, NOTICE, APPROVAL.] A banking institution defined
in section 48.01, subdivision 2, desiring to relocate its main
office within a radius of three miles measured in a straight
line shall submit an application in a form prescribed by the
commissioner of commerce, an investigation fee of $500 and
additional fees as prescribed in section 45.04 46.041 if
subsequently processed under subdivision 3. After the
application is deemed to be complete and accepted by the
commissioner of commerce, the applicant shall publish once in a
form prescribed by the commissioner a notice of the filing of
the application in a newspaper published in the municipalities
where the banking institution is located and relocating if
different. If there is no such paper, then notice of the filing
shall be published at the appropriate county seats of the
existing and proposed sites if different. The applicant shall
cause the notice to be publicly displayed in its lobby and sent
by certified mail to all banking institutions within three miles
of the proposed location measured in a straight line. Upon
expiration of a period of 21 days for comment, the commissioner,
after considering the applicable conditions for issuance of the
bank charter defined in section 45.07 46.044, shall within 60
days approve or disapprove or refer the application to the
department of commerce for consideration.
Sec. 14. Minnesota Statutes 1984, section 47.101,
subdivision 3, is amended to read:
Subd. 3. [APPLICATIONS TO DEPARTMENT OF COMMERCE.] An
application by a banking institution to relocate its main office
outside a radius of three miles measured in a straight line, or
referred from the commissioner of commerce pursuant to
subdivision 2, shall be approved or disapproved by the
commissioner of commerce as provided for in sections 45.04
46.041 and 45.07 46.044.
Sec. 15. Minnesota Statutes 1984, section 47.29,
subdivision 1, is amended to read:
Subdivision 1. Any savings bank organized and existing
under and by virtue of the laws of this state, is hereby
authorized and empowered, by a two-thirds vote of the entire
board of trustees, at any regular or special meeting of said
board duly called for that purpose to convert itself into a
federal association whenever said conversion is authorized by
any act of the Congress of the United States: Provided, that
before any such conversion shall become final and complete, (a)
the secretary of the savings bank shall cause 30 days written
notice of such intended conversion (which notice, before
mailing, shall be submitted to and approved by the commissioner
of commerce) to be mailed prepaid to each depositor, at their
last known address, according to the records of the bank, and
after such notice each depositor may, prior to the time the
conversion becomes final and complete, on demand and without
prior notice, withdraw the full amount of his deposit or such
part thereof as he may request, and upon such withdrawal he
shall receive interest to the date of withdrawal at the same
rate last paid or credited by the bank, notwithstanding the
provisions of any law, bylaws, rule or regulation to the
contrary, and (b) that such conversion be approved in writing by
the commissioner of commerce.
Sec. 16. Minnesota Statutes 1984, section 47.30,
subdivision 2, is amended to read:
Subd. 2. An application for a certificate authorizing a
savings bank to transact business, in the form required by
sections 45.04 46.041 and 45.08 46.046, shall be submitted to,
considered and acted upon by the department of commerce in the
same manner and by the same standards as applications are
submitted, considered and acted upon under sections 45.04,
45.07, 45.08 46.041, 46.044, 46.046, 50.01 and 50.02. The fees
required by section 45.04 46.041 shall be paid and the
amendments proposed to the articles of incorporation and bylaws
shall be included as part of the application.
Sec. 17. Minnesota Statutes 1984, section 47.30,
subdivision 3, is amended to read:
Subd. 3. If the department of commerce grants the
application, the certificate of authorization (charter) shall be
issued as provided by section 45.04 46.041, and the articles of
incorporation may then be amended so as to convert the savings,
building and loan association into a savings bank by following
the procedure prescribed for amending articles of incorporation
of savings, building and loan associations: Provided, that the
proposed amended articles shall contain the names of, and be
signed by, the proposed first board of trustees.
Sec. 18. Minnesota Statutes 1984, section 47.51, is
amended to read:
47.51 [DETACHED BANKING FACILITIES; DEFINITIONS.]
As used in sections 47.51 to 47.57:
"Extension of the main banking house" means any structure
or stationary mechanical device serving as a drive-in or walk-up
facility, or both, which is located within 150 feet of the main
banking house, the distance to be measured in a straight line
from the closest points of the closest structures involved and
which performs one or more of the functions described in section
47.53.
"Detached facility" means any permanent structure, office
accommodation located within the premises of any existing
commercial or business establishment, stationary automated
remote controlled teller facility, stationary unmanned cash
dispensing or receiving device, located separate and apart from
the main banking house which is not an "extension of the main
banking house" as above defined, that serves as a drive-in or
walk-up facility, or both, with one or more tellers windows, or
as a remote controlled teller facility or a cash dispensing or
receiving device, and which performs one or more of those
functions described in section 47.53.
"Bank" means a bank as defined in section 45.08 46.046 and
any banking office established prior to the effective date of
Laws 1923, Chapter 170, Section 1.
"Commissioner" means the commissioner of commerce.
"Municipality" means the geographical area encompassing the
boundaries of any home rule charter or statutory city located in
this state, and any detached area, pursuant to section 473.625,
operated as a major airport by the metropolitan airports
commission pursuant to sections 473.601 to 473.679. When a bank
is located in a township, the term municipality is expanded to
mean the geographical area encompassing the boundaries of the
township.
Sec. 19. Minnesota Statutes 1984, section 48.89,
subdivision 1, is amended to read:
Subdivision 1. For the purposes of this section the
following terms defined in this subdivision have the meanings
given them:
(a) The term commissioner means the commissioner of
commerce.
(b) The term clerical services means services such as check
and deposit, sorting and posting, computation and posting of
interest and other credits and charges, preparation and mailing
of checks, statements, notices, and similar items, or any other
clerical, bookkeeping, accounting, statistical, or similar
functions performed for a bank.
(c) The term clerical service corporation means a
corporation organized as a business corporation to perform
clerical services for two or more banks, each of which owns part
of the capital stock of such corporation.
(d) The term invest includes any advance of funds to a
clerical service corporation, whether by the purchase of stock,
the making of a loan, or otherwise, except a payment for rent
earned, goods sold and delivered, or services rendered prior to
the making of such payment.
(e) The term banks is defined as prescribed in section
45.08 46.046.
Sec. 20. Minnesota Statutes 1984, section 60A.03,
subdivision 2, is amended to read:
Subd. 2. [POWERS OF COMMISSIONER.] (1) [ ENFORCEMENT.] The
commissioner shall have and exercise the power to enforce all
the laws of this state relating to insurance, and it shall be
his duty to enforce all the provisions of the laws of this state
relating to insurance.
(2) [DEPARTMENT OF COMMERCE.] The commissioner shall have
and possess all the rights and powers and perform all the duties
heretofore vested by law in the commissioner of commerce, except
that applications for registrations of securities and brokers'
licenses under sections 80A.01 to 80A.31, and all matters
pertaining to such registrations and licenses, application for
the organization and establishment of new financial institutions
under sections 45.04 46.041, 45.06 46.043, and 45.07 46.044,
applications by insuring companies for licenses to carry on
business within the state, and all matters pertaining to such
licenses, and applications for the consolidation of insuring
companies transacting business within the state, shall be
determined by the commissioner in the manner provided by the
laws defining the powers and duties of the commissioner of
commerce, and the state securities commission, respectively, or,
in the absence of any law prescribing the procedure, by such
reasonable procedure as the commission, as defined in chapter
45, may prescribe.
Sec. 21. Minnesota Statutes 1984, section 62D.03,
subdivision 4, is reenacted.
Sec. 22. Laws 1984, chapter 464, section 12, clause (g),
and the second paragraph after clause (g), are repealed.
Sec. 23. Minnesota Statutes 1984, section 62D.04,
subdivision 1, is amended to read:
Subdivision 1. Upon receipt of an application for a
certificate of authority, the commissioner of health shall
determine whether the applicant for a certificate of authority
has:
(a) Demonstrated the willingness and potential ability to
assure that health care services will be provided in such a
manner as to enhance and assure both the availability and
accessibility of adequate personnel and facilities;
(b) Arrangements for an ongoing evaluation of the quality
of health care;
(c) A procedure to develop, compile, evaluate, and report
statistics relating to the cost of its operations, the pattern
of utilization of its services, the quality, availability and
accessibility of its services, and such other matters as may be
reasonably required by regulation of the commissioner of health;
(d) Reasonable provisions for emergency and out of area
health care services;
(e) Demonstrated that it is financially responsible and may
reasonably be expected to meet its obligations to enrollees and
prospective enrollees. In making this determination, the
commissioner of health may consider:
(1) the financial soundness of its arrangements for health
care services and the proposed schedule of charges used in
connection therewith;
(2) the adequacy of its working capital;
(3) arrangements which will guarantee for a reasonable
period of time the continued availability or payment of the cost
of health care services in the event of discontinuance of the
health maintenance organization;
(4) agreements with providers for the provision of health
care services; and
(5) any deposit of cash or securities submitted in
accordance with section 62D.07, subdivision 6 62D.041.
(f) Demonstrated that it will assume full financial risk on
a prospective basis for the provision of comprehensive health
maintenance services, including hospital care; provided,
however, that the requirement in this paragraph shall not
prohibit a health maintenance organization from obtaining
insurance or making other arrangements (i) for the cost of
providing to any enrollee comprehensive health maintenance
services, the aggregate value of which exceeds $5,000 in any
year, (ii) for the cost of providing comprehensive health care
services to its members on a non-elective emergency basis, or
while they are outside the area served by the organization, or
(iii) for not more than 95 percent of the amount by which the
health maintenance organization's costs for any of its fiscal
years exceed 105 percent of its income for such fiscal years;
and
(g) Otherwise met the requirements of sections 62D.01 to
62D.29.
Sec. 24. Minnesota Statutes 1984, section 62D.041,
subdivision 5, is amended to read:
Subd. 5. [WAIVER.] The commissioner may waive any of the
deposit requirements set forth in subdivisions 2 3 and 3 4
whenever satisfied that the organization has sufficient net
worth and an adequate history of generating net income to assure
its financial viability for the next year, or its performance
and obligations are guaranteed by an organization with
sufficient net worth and an adequate history of generating net
income, or the assets of the organization or its contracts with
insurers, hospital, or medical service corporations,
governments, or other organizations are reasonably sufficient to
assure the performance of its obligations.
Sec. 25. Minnesota Statutes 1984, section 62D.09, is
amended to read:
62D.09 [INFORMATION TO ENROLLEES.]
Subdivision 1. Any written marketing materials which may
be directed toward potential enrollees and which includes
include a detailed description of benefits provided by the
health maintenance organization shall include a statement of
consumer rights as described in section 62D.07, subdivision 3,
paragraph (c).
Subd. 2. The application for coverage by the health
maintenance organization shall be accompanied by the statement
of consumer rights as described in section 62D.07, subdivision
3, paragraph (c).
Subd. 3. Every health maintenance organization or its
representative shall annually, before June 1, provide to its
enrollees the following: (1) a summary of its most recent
annual financial statement including a balance sheet and
statement of receipts and disbursements; (2) a description of
the health maintenance organization, its health care plan or
plans, its facilities and personnel, any material changes
therein since the last report, (3) the current evidence of
coverage; and (4) a statement of consumer rights as described in
section 62D.07, subdivision 3, paragraph (c).
Sec. 26. Minnesota Statutes 1984, section 62H.06, is
amended to read:
62H.06 [REGULATION OF PLANS BY COMMISSIONER.]
The commissioner of commerce shall promulgate rules,
including emergency rules, to insure the solvency and operation
of all self-insured plans subject to this chapter. The
commissioner may examine the joint self-insurance plans pursuant
to sections 60A.03 and 60A.31 60A.031.
Sec. 27. Minnesota Statutes 1984, section 83.23,
subdivision 3, is amended to read:
Subd. 3. [QUALIFICATION.] Subdivided lands may be
registered by qualification provided all of the following
requirements have been met:
(a) an application for registration has been filed with the
commissioner in a format which the commissioner may by rule
prescribe;
(b) the commissioner has been furnished a proposed public
offering statement complying with section 83.24;
(c) a filing fee of $250 plus an additional registration
fee of $1 for each lot, unit, parcel, or interest included in
the offering accompanies the application. The maximum combined
filing and registration fees shall in no event be more than
$2,500;
(d) the subdivider is in compliance with service of process
provisions of section 83.39;
(e) the commissioner has been furnished a financial
statement of the subdivider's most recent fiscal year, audited
by an independent certified public account accountant; and, if
the fiscal year of the subdivider is more than 90 days prior to
the date of filing the application, a financial statement, which
may be unaudited, as of a date within 90 days of the date of
application.
Subdivisions in which all the improvements are complete and
paid for by the developer, and for which clear title can be
given the purchaser at the closing, are exempt from providing
independently certified financial statements.
An application for registration under this section becomes
effective when the commissioner so orders.
The rulemaking authority in this subdivision does not
include emergency rulemaking authority pursuant to chapter 14.
Sec. 28. Minnesota Statutes 1984, section 106.631,
subdivision 2, is amended to read:
Subd. 2. [PROCEDURE ON APPEAL.] (a) Any person appealing
on the first or second ground named, may include and have
considered and determined benefits or damages affecting property
other than his own. Notice of such appeal shall be served upon
the owner or occupant of such other property or upon the
attorney who represents such owner in the proceedings. Such
notice of appeal shall also be served upon the auditor or clerk.
(b) To render the appeal effectual, the appellant shall
file with the auditor or clerk within 30 days after the filing
of such final order a notice of appeal which shall state the
particular benefits or damages appealed from and the ground upon
which the appeal is taken. Within 30 days after such filing,
the auditor, in case of a county drainage proceeding, shall
return and file with the clerk of the district court the
original notice and appeal bond.
(c) The issues raised by the appeal shall stand for trial
by jury and shall be tried and determined at the next term of
the district court held within the county in which the
proceedings were commenced, or in such other county in which the
appeal shall be heard, beginning after the filing of the appeal;
and shall take precedence of all other matters of a civil nature
in court. If there be more than one appeal triable in one
county, the court may, on its own motion or upon the motion of a
party in interest, consolidate two or more appeals and try them
together, but the rights of the appellants shall be separately
determined. If the appellant fails to prevail, the cost of the
trial shall be paid by the appellant. In case of appeal as to
damages or benefits to property situated in the county other
than the county where the drainage proceedings are pending, and
if the appellant so requests, the trial shall be held at the
next term of the district court of the county wherein the lands
are situated. In such case, the clerk of the district court
where the appeal is filed, shall make, certify and file in the
office of the clerk of the district court of the county where
the trial is to be had, a transcript of the papers and documents
on file in his office in the proceedings so far as they pertain
to the matters on account of which the appeal is taken. After
the final determination of such appeal, the clerk of the
district court where the action is tried, shall certify and
return the verdict to the district court of the county where the
proceedings were instituted.
(d) The clerk of the district court shall file a certified
copy of the final determination of any such appeal with the
auditor of the county affected.
(e) An appeal on the third ground may be to the district
court of any county wherein lands are affected. Such appeal
shall be made within 30 days after the order allowing or
disallowing the claim and shall be governed as far as applicable
by the provisions of this subdivision.
Sec. 29. Minnesota Statutes 1984, section 106.631,
subdivision 4, is amended to read:
Subd. 4. [APPEAL FROM ORDERS.] Any party aggrieved thereby
may appeal to the district court of the county where the
proceedings are pending from any order made by the county board
dismissing the petition for any drainage system or establishing
or refusing to establish any drainage system. The appellant
shall serve notice of appeal and give bond as provided in
subdivision 2. Upon such appeal being perfected, it may be
brought on for trial by either party upon ten days notice to the
other, and shall then be tried by the court without a jury. The
court shall examine the whole matter and receive evidence to
determine whether the findings made by the county board can be
sustained. At such trial the findings made by the county board
shall be prima facie evidence of the matters therein stated, and
the order of the county board shall be deemed prima facie
reasonable. If the court shall find that the order appealed
from is lawful and reasonable, it shall be affirmed. If the
court finds that the order appealed from is arbitrary, unlawful,
or not supported by the evidence, it shall make such order to
take the place of the order appealed from as is justified by the
record before it or remand such matter to the county board for
further proceeding before the board. After determination of the
appeal, the county board shall proceed in conformity therewith.
If such appeal be from an order establishing a ditch, the
trial of any appeals from benefits or damages in the ditch
proceeding shall be stayed pending the determination of such
appeal; and, if the order establishing be affirmed, any such
appeals from benefits or damages shall then stand for trial as
provided by this section. If such appeal be from an order
refusing to establish a ditch, and if the court thereafter by
order establishes the ditch, the county auditor shall give
notice by publication of the filing of the order. Such notice
shall be sufficient if it refers to the ditch by number or other
descriptive designation and recites the purport of the order and
the date of filing in the court. Any person aggrieved thereby
may appeal to the district court upon the grounds and as
provided by subdivisions 1 and 2, and such appeal shall be made
as required by subdivision 2 within 30 days after the completion
of publication of notice as herein required.
Sec. 30. Minnesota Statutes 1984, section 116J.58,
subdivision 4, is amended to read:
Subd. 4. [FEDERAL LIMITATION ACT ALLOCATION.] The
commissioner shall:
(1) in accordance with sections 474.16 to 474.23, review
applications for and grant allocations of authority to issue
bonds or other obligations subject to a federal limitation act;
and
(2) adopt rules, including emergency rules under sections
14.29 to 14.36, to provide for the allocation of the amount of
issuance authority allocated pursuant to section 462.556 474.17,
subdivision 3. The rules shall contain criteria and procedures
for allocation of authority for use by the department, and to
other state agencies, political subdivisions, or other
authorities authorized by other law to issue bonds subject to a
federal limitation act.
For the purposes of this subdivision, a "federal limitation
act" is an act of congress defined in section 474.16,
subdivision 5.
Sec. 31. Minnesota Statutes 1984, section 122.531,
subdivision 3a, is amended to read:
Subd. 3a. [GRANDFATHER LEVY AND AID.] (1) The amounts
specified in this subdivision shall be used for purposes of
computing the grandfather levy limitation under section 275.125,
subdivision 6b, and the grandfather aid under Minnesota Statutes
1982, section 124.2123, of a district newly created through
consolidation or enlarged through the dissolution of a district
and its attachment to one or more existing districts.
(2) The grandfather guarantee of the newly created or
enlarged district shall equal the sum of the amounts derived by
performing the following multiplication for each component
district:
(a) the grandfather guarantee for the component district,
times
(b) the quotient obtained by dividing the number of actual
pupil units from that component district who are enrolled in the
newly created or enlarged district in the year when the
consolidation or dissolution and attachment becomes effective,
by the entire number of actual pupil units enrolled in the
component district in the year preceding the year when the
consolidation or dissolution and attachment becomes effective.
(3) The grandfather allowance of the newly created or
enlarged district shall equal the quotient obtained by dividing:
(a) the grandfather guarantee of the newly created or
enlarged district, by
(b) the sum of the amounts derived by performing the
following computation for each component district:
(i) the number of actual pupil units in the component
district in 1979-1980, times
(ii) the quotient derived for that component district in
clause (2), part (b) of this subdivision.
Sec. 32. Minnesota Statutes 1984, section 122.531,
subdivision 5, is amended to read:
Subd. 5. [REPLACEMENT LEVY AND AID.] For purposes of
computing the replacement levy limitation under section 275.125,
subdivision 6c, and replacement aid under Minnesota Statutes
1983 Supplement, section 124.2124, the replacement entitlement
of a district newly created through consolidation or enlarged
through the dissolution of a district and its attachment to one
or more other districts, shall equal the quotient obtained by
dividing:
(1) the sum of the amounts derived by performing the
following multiplication for each component district:
(a) the replacement entitlement of the component district,
times
(b) the number of actual and AFDC pupil units from that
component district who are enrolled in the newly created or
enlarged district in the year when the consolidation or
dissolution and attachment becomes effective; by
(2) the total number of actual and AFDC pupil units in the
newly created or enlarged district in the year when the
consolidation or dissolution and attachment becomes effective.
Sec. 33. Minnesota Statutes 1984, section 124A.03,
subdivision 3, is amended to read:
Subd. 3. [BASIC MAINTENANCE LEVY; DISTRICTS OFF THE
FORMULA.] In any year when the amount of the maximum levy
limitation under subdivision 1 for any district, exceeds the
product of the district's foundation aid formula allowance for
the year in which the levy is recognized as revenue times the
estimated number of total pupil units for that district for that
school year, the levy limitation for that district under
subdivision 1 shall be limited to the greater of the dollar
amount of the levy the district certified in 1977 under
Minnesota Statutes 1978, section 275.125, subdivision 2a, clause
(1), or the following difference but not to exceed the levy
limitation under subdivision 1:
(a) the sum of
(i) the product of the district's foundation aid formula
allowance for the school year in which the levy is recognized as
revenue, times the estimated number of total pupil units for
that district for that school year, plus
(ii) the amount by which special state aids of chapter 124
receivable for the same school year, excluding aid authorized in
sections 124.2137 and 124.646, are estimated to be reduced
pursuant to section 124.2138, subdivision 1 124A.037, plus
(iii) the amount by which state payments on behalf of the
district for the same school year authorized in sections 354.43,
subdivision 1; 354A.12, subdivision 2; and 355.46, subdivision
3, clause (b), are estimated to be reduced pursuant to section
124.2138, subdivision 1 124A.037, less
(b) the estimated amount of any payments which would reduce
the district's foundation aid entitlement as provided in section
124A.035, subdivision 4 in the school year in which the levy is
recognized as revenue.
A levy made by a district pursuant to this subdivision
shall be construed to be the levy made by that district pursuant
to subdivision 1, for purposes of statutory cross-reference.
Sec. 34. Minnesota Statutes 1984, section 124A.035,
subdivision 6, is repealed.
Sec. 35. Minnesota Statutes 1984, section 177.295, is
repealed.
Sec. 36. Minnesota Statutes 1984, section 204B.14,
subdivision 5, is amended to read:
Subd. 5. [PRECINCT BOUNDARIES; DESCRIPTION; MAPS.] Each
municipal clerk shall prepare and file with the county auditor
of each county in which the municipality is located, with the
secretary of state and with the commissioner of energy and
economic development state planning director maps showing the
correct boundaries of each election precinct in the
municipality. At least 30 days before any change in an election
precinct or in a corporate boundary becomes effective, the
municipal clerk shall prepare maps showing the new boundaries of
the precincts and shall forward copies of these maps to the
secretary of state, the appropriate county auditors and
the commissioner of energy and economic development state
planning director. The clerk shall retain copies of the
precinct maps for public inspection. The county auditor shall
prepare and file precinct boundary maps for precincts in
unorganized territories in the same manner as provided for
precincts in municipalities. For every election held in the
municipality the election judges shall be furnished precinct
maps as provided in section 201.061, subdivision 6.
Sec. 37. Minnesota Statutes 1984, section 204B.19,
subdivision 3, is repealed.
Sec. 38. Minnesota Statutes 1984, section 214.13,
subdivision 4, is amended to read:
Subd. 4. The commissioner of health shall wherever
possible delegate the administration of regulation activities to
a health related licensing board with the concurrence of that
board. If the commissioner of health delegates this function,
the licensing board may regularly bill the commissioner of
health for the cost of performing this function. The licensing
board may directly set and charge fees in accordance with the
provisions of section 214.06. The commissioner of health may
establish an advisory council to advise him or the appropriate
health related licensing board on matters relating to the
registration and regulation of an occupation. A council shall
have seven members appointed by the commissioner of which five
are members of the registered occupation or related registered
or licensed occupations, and two are public members. A council
shall expire, and the terms, compensation and removal of members
shall be as provided in section 15.059.
Sec. 39. Minnesota Statutes 1984, section 240.16,
subdivision 6, is amended to read:
Subd. 6. [COMPENSATION.] The total compensation of
stewards who are not employees of the division commission must
be commensurate with the compensation of stewards who
are division commission employees.
Sec. 40. Minnesota Statutes 1984, section 256B.431,
subdivision 4, is amended to read:
Subd. 4. [SPECIAL RATES.] (a) A newly constructed nursing
home or one with a capacity increase of 50 percent or more may,
upon written application to the commissioner, receive an interim
payment rate for reimbursement for property-related costs
calculated pursuant to the statutes and rules in effect on May
1, 1983 and for operating costs negotiated by the commissioner
based upon the 60th percentile established for the appropriate
group under subdivision 2, paragraph (b) 2a to be effective from
the first day a medical assistance recipient resides in the home
or for the added beds. For newly constructed nursing homes
which are not included in the calculation of the 60th percentile
for any group, subdivision 2(f) 2f, the commissioner shall
establish by rule procedures for determining interim operating
cost payment rates and interim property-related cost payment
rates. The interim payment rate shall not be in effect for more
than 17 months. The commissioner shall establish, by emergency
and permanent rules, procedures for determining the interim rate
and for making a retroactive cost settle-up after the first year
of operation; the cost settled operating cost per diem shall not
exceed 110 percent of the 60th percentile established for the
appropriate group. Until procedures determining operating cost
payment rates according to mix of resident needs are
established, the commissioner shall establish by rule procedures
for determining payment rates for nursing homes which provide
care under a lesser care level than the level for which the
nursing home is certified.
(b) For rate years beginning on or after July 1, 1983, the
commissioner may exclude from a provision of 12 MCAR S 2.050 any
facility that is licensed by the commissioner of health only as
a boarding care home, is certified by the commissioner of health
as an intermediate care facility, is licensed by the
commissioner of human services under 12 MCAR S 2.036, and has
less than five percent of its licensed boarding care capacity
reimbursed by the medical assistance program. Until a permanent
rule to establish the payment rates for facilities meeting these
criteria is promulgated, the commissioner shall establish the
medical assistance payment rate as follows:
(1) The desk audited payment rate in effect on June 30,
1983, remains in effect until the end of the facility's fiscal
year. The commissioner shall not allow any amendments to the
cost report on which this desk audited payment rate is based.
(2) For each fiscal year beginning between July 1, 1983,
and June 30, 1985, the facility's payment rate shall be
established by increasing the desk audited operating cost
payment rate determined in clause (1) at an annual rate of five
percent.
(3) For fiscal years beginning on or after July 1, 1985,
the facility's payment rate shall be established by increasing
the facility's payment rate in the facility's prior fiscal year
by the increase indicated by the consumer price index for
Minneapolis and St. Paul.
(4) For the purpose of establishing payment rates under
this paragraph, the facility's rate and reporting years coincide
with the facility's fiscal year.
A facility that meets the criteria of this paragraph shall
submit annual cost reports on forms prescribed by the
commissioner.
Sec. 41. Minnesota Statutes 1984, section 257.67,
subdivision 3, is amended to read:
Subd. 3. Willful failure to obey the judgment or order of
the court is a civil contempt of the court. All remedies for
the enforcement of judgments apply including those available
under sections 518.41 518C.01 to 518.53 518C.36 and 256.872 to
256.878.
Sec. 42. Minnesota Statutes 1984, section 260.121,
subdivision 3, is amended to read:
Subd. 3. Except when a child is alleged to have committed
a minor traffic offense, as defined in section 260.193,
subdivision 1, clause (c), if it appears at any stage of the
proceeding that a child before the court is a resident of
another state, the court may invoke the provisions of the
interstate compact on juveniles or, if it is in the best
interests of the child or the public to do so, the court may
place the child in the custody of his parent, guardian, or
custodian, if the parent, guardian, or custodian agree agrees to
accept custody of the child and return him to their state.
Sec. 43. Minnesota Statutes 1984, section 268.04,
subdivision 32, is amended to read:
Subd. 32. "Nonpublic school" means any school within the
state, other than a public school, wherein a resident of
Minnesota may legally fulfill the compulsory school attendance
requirements of section 120.10, or any school (1) which operates
on a nonprofit basis, (2) which admits only pre-kindergarten
children, (3) which has as its primary purpose the education of
its students as determined by the commissioner of human services
pursuant to section 245.791, clause (15) (14), and (4) which
operates on a regular basis for at least eight months and no
more than nine months a year.
Sec. 44. Minnesota Statutes 1984, section 268.08,
subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY CONDITIONS.] An individual
shall be eligible to receive benefits with respect to any week
of unemployment only if the commissioner finds that the
individual:
(1) has registered for work at and thereafter has continued
to report to an employment office, or agent of the office, in
accordance with rules the commissioner may adopt; except that
the commissioner may by rule waive or alter either or both of
the requirements of this clause as to types of cases or
situations with respect to which the commissioner finds that
compliance with the requirements would be oppressive or would be
inconsistent with the purposes of sections 268.03 to 268.24;
(2) has made a claim for benefits in accordance with rules
as the commissioner may adopt; and
(3) was able to work and was available for work, and was
actively seeking work. The individual's weekly benefit amount
shall be reduced one-fifth for each day the individual is unable
to work or is unavailable for work. Benefits shall not be
denied by application of this clause to an individual who is in
training with the approval of the commissioner or in training
approved pursuant to section 236 of the Trade Act of 1974, as
amended;.
An individual is deemed unavailable for work with respect
to any week which occurs in a period when the individual is a
full-time student in attendance at, or on vacation from an
established school, college or university unless a majority of
the credit weeks earned in the base period were for services
performed during weeks in which the student was attending school
as a full-time student.
An individual serving as a juror shall be considered as
available for work and actively seeking work on each day the
individual is on jury duty.; and
(4) has been unemployed for a waiting period of one week
during which the individual is otherwise eligible for benefits
under sections 268.03 to 268.24. However, payment for the
waiting week shall be made to the individual after the
individual has qualified for and been paid benefits for four
weeks of unemployment in a benefit year which period of
unemployment is terminated because of the individual's return to
employment. No individual is required to serve a waiting period
of more than one week within the one year period subsequent to
filing a valid claim and commencing with the week within which
the valid claim was filed.
Sec. 45. Minnesota Statutes 1984, section 268.675,
subdivision 1, is amended to read:
Subdivision 1. [SERVICE DELIVERY AREA PORTION.] (a) Eighty
percent of the funds available for allocation to employment
administrators for the program must be allocated among service
delivery areas as follows: (1) each service delivery area shall
be eligible to receive that proportion of the funds available
which equals the number of unemployed persons in the service
delivery area divided by the total number of unemployed persons
in the state for the 12-month period ending the most recent
March 31; (2) however, 15 percent of the amount which would be
allocated under paragraph clause (1) to each service delivery
area in which the unemployment rate, for the 12-month period
ending the most recent March 31, is less than the statewide
unemployment rate on that date shall not be allocated according
to paragraph clause (1). This amount shall be pooled and
distributed at the discretion of the coordinator only to
employment administrators in these service delivery areas with
lower than average unemployment rates who have demonstrated
outstanding performance from May 1, 1984, to August 1, 1984, in
placement of persons who would otherwise be eligible to receive
general assistance, as shown by:
(i) the proportion of general assistance-eligible
applicants who have been placed in private sector jobs under the
program, relative to the total number of general
assistance-eligible applicants placed under the program; or
(ii) the proportion of general assistance-eligible
applicants placed in all jobs under the program, relative to
total job placements under the program.
(b) Ten percent of the funds available for allocation to
employment administrators under the program must be allocated at
the discretion of the coordinator to employment administrators:
(1) who will maximize the use of the funds through
coordination with other programs and state, local, and federal
agencies, through the use of matching funds or through the
involvement of low-income constituent groups;
(2) who have demonstrated need beyond the allocation
available under clause (1);
(3) who have demonstrated outstanding performance in job
creation; or
(4) who have demonstrated that the unemployed persons in
the service delivery area incur unusual costs related to
employment under sections 268.671 to 268.686.
Sec. 46. Minnesota Statutes 1984, section 270.84,
subdivision 1, is amended to read:
Subdivision 1. The commissioner shall annually between
April 30 and July 31 make a determination of the fair market
value of the operating property of every railroad company doing
business in this state as of January 2 of the year in which the
valuation is made. In making this determination, the
commissioner shall employ generally accepted appraisal
principles and practices which may include the unit method of
determining value. The commissioner may promulgate emergency
rules adopting valuation procedures under sections 14.29 to
14.36.
The commissioner shall give a report to the legislature in
February 1985 and in February 1986 on the formula which he has
used to determine the value of railroad operating property
pursuant to Laws 1984, chapter 502, article 9. This report
shall also contain the valuation for taxes payable 1985 and 1986
by company and the taxes payable in 1985 and 1986 by company
based upon the valuation of operating property. The legislature
may review the formula, the valuation, and the resulting taxes
and may make changes in the formula that it deems necessary.
Sec. 47. Minnesota Statutes 1984, section 290.531, is
amended to read:
290.531 [PAYMENT OF TAX PENDING APPEAL.]
When a taxpayer appeals any liability assessed under this
chapter to the tax court, and the amount in dispute is more than
$6,000, the entire amount of the tax, penalty, and interest
assessed by the commissioner shall be paid at the time it is due
unless permission to continue prosecution of the petition
without payment is obtained as provided herein. The
petitioner appellant, upon ten days notice to the commissioner,
may apply to the court for permission to continue prosecution of
the petition appeal without payment; and, if it is made to
appear
(1) that the proposed review is to be taken in good faith;
(2) that there is probable cause to believe that the
taxpayer may be held exempt from the liability or that the
liability may be determined to be less than 50 percent of the
amount due; and
(3) that it would work a substantial hardship upon
petitioner appellant to pay the liability,
the court may permit the petitioner appellant to continue
prosecution of the petition appeal without payment, or may fix a
lesser amount to be paid as a condition of continuing the
prosecution of the petition appeal.
Failure to make payment of the amount required when due
shall operate automatically to dismiss the petition appeal and
all proceedings thereunder unless the payment is waived by an
order of the court permitting the petitioner appellant to
continue prosecution of the petition appeal without payment.
Sec. 48. Minnesota Statutes 1984, section 297A.391, is
amended to read:
297A.391 [PAYMENT OF TAX PENDING APPEAL.]
When a taxpayer appeals any liability assessed under this
chapter to the tax court, and the amount in dispute is more than
$6,000, the entire amount of the tax, penalty, and interest
assessed by the commissioner shall be paid at the time it is due
unless permission to continue prosecution of the petition appeal
without payment is obtained as provided herein. The
petitioner appellant, upon ten days notice to the commissioner,
may apply to the court for permission to continue prosecution of
the petition appeal without payment; and, if it is made to
appear
(1) that the proposed review is to be taken in good faith;
(2) that there is probable cause to believe that the
taxpayer may be held exempt from payment of the liability or
that the liability may be determined to be less than 50 percent
of the amount due; and
(3) that it would work a substantial hardship upon
petitioner appellant to pay the liability,
the court may permit the petitioner appellant to continue
prosecution of the petition appeal without payment, or may fix a
lesser amount to be paid as a condition of continuing the
prosecution of the petition appeal.
Failure to make payment of the amount required when due
shall operate automatically to dismiss the petition appeal and
all proceedings thereunder unless the payment is waived by an
order of the court permitting the petitioner appellant to
continue prosecution of the petition appeal without payment.
Sec. 49. Minnesota Statutes 1984, section 290A.111,
subdivision 2, is amended to read:
Subd. 2. [ADJUDICATION AND DECREES.] In any action under
subdivision 1, if the court finds: (a) that a property tax
refund return preparer has:
(1) engaged in any conduct subject to the criminal penalty
provided by section 290A.11, subdivision 2, or subject to the
civil penalty under section 290A.112,
(2) misrepresented his eligibility to practice before the
department of revenue, or otherwise misrepresented his
experience or education as a property tax refund return
preparer,
(3) guaranteed the payment of any property tax refund,
(4) engaged in any other fraudulent or deceptive conduct
which substantially interferes with the proper administration of
the provisions of this chapter,
the court may decree appropriate injunctive relief pursuant
to the authority granted in section 290.521, subdivision 2.
Sec. 50. Minnesota Statutes 1984, section 296.18,
subdivision 1, is amended to read:
Subdivision 1. [GASOLINE OR SPECIAL FUEL USED IN OTHER
THAN MOTOR VEHICLES.] Any person who shall buy and use gasoline
for a qualifying purpose other than use in motor vehicles,
snowmobiles, or motorboats, or special fuel for a qualifying
purpose other than use in licensed motor vehicles, and who shall
have paid the Minnesota excise tax directly or indirectly
through the amount of the tax being included in the price of the
gasoline or special fuel, or otherwise, shall be reimbursed and
repaid the amount of the tax paid by him upon filing with the
commissioner a signed claim in writing in the form and
containing the information the commissioner shall require and
accompanied by the original invoice thereof. By signing any
such claim which is false or fraudulent, the applicant shall be
subject to the penalties provided in this section for knowingly
making a false claim. The claim shall set forth the total
amount of the gasoline so purchased and used by him other than
in motor vehicles, or special fuel so purchased and used by him
other than in licensed motor vehicles, and shall state when and
for what purpose it was used. When a claim contains an error in
computation or preparation, the commissioner is authorized to
adjust the claim in accordance with the evidence shown on the
claim or other information available to him. If the
commissioner is satisfied that the claimant is entitled to the
payments, he shall approve the claim and transmit it to the
commissioner of finance. No repayment shall be made unless the
claim and invoice shall be filed with the commissioner within
one year from the date of the purchase. The postmark on the
envelope in which the claim is mailed shall determine the date
of filing. The words "gasoline" or "special fuel" as used in
this subdivision do not include aviation gasoline or special
fuel for aircraft. The words "qualifying purpose" have the same
meaning given them in section 290.06, subdivision 13. Gasoline
or special fuel bought and used for a "qualifying purpose" means:
(1) Gasoline or special fuel used in carrying on a trade or
business, used on a farm situated in Minnesota, and used for a
farming purpose. "Farm" and "farming purpose" have the meanings
given them in section 6420(c)(2), (3), and (4) of the Internal
Revenue Code of 1954, as amended through December 31, 1983.
(2) Gasoline or special fuel used for off-highway business
use. "Off-highway business use" means any use by a person in
that person's trade, business, or activity for the production of
income. "Off-highway business use" does not include use as a
fuel in a motor vehicle which, at the time of use, is registered
or is required to be registered for highway use under the laws
of any state or foreign country.
Sec. 51. Minnesota Statutes 1984, section 307.06, is
amended to read:
307.06 [TRANSFER TO ASSOCIATION; HOW EFFECTED.]
Any private cemetery established, platted, and recorded
under the laws of this state may consolidate with and transfer
its property, for cemetery purposes only, to any cemetery
association or corporation organized under the laws of this
state which is contiguous to, or adjacent to, such cemetery
corporation.
To so consolidate and transfer its property it shall be
necessary:
(1) that a resolution be passed by a two-thirds vote of the
lot owners and members of such private cemetery, represented,
present, and voting at a special meeting called for that
purpose, which resolution shall recite with what cemetery
corporation or association it is proposed to consolidate with
and transfer its property to, and the terms and conditions
thereof; and 30 days' notice of such meeting shall be previously
given by mail to each lot owner of such private cemetery whose
address can be determined using reasonable diligence of the time
and place when such meeting is to be held, reciting the purpose
thereof, which notice shall be signed by at least five lot
owners; and
(2) that the resolution shall be signed and acknowledged by
the presiding officer and secretary of such meeting and shall be
filed with the county recorder of the county in which the
private cemetery is situated.
Sec. 52. Minnesota Statutes 1984, section 309.502, is
amended to read:
309.502 [RULES.]
The commissioner shall promulgate rules to implement the
provisions of sections 16A.134 and 309.501. The rules shall not
require the modification of any existing payroll deduction fund
drive for state employees previously authorized by Minnesota
Statutes 1982, section 15.375, subdivision 1.
Sec. 53. Minnesota Statutes 1984, section 349.51,
subdivision 5, is amended to read:
Subd. 5. [LICENSE ISSUED.] Upon receipt of the
application, the bond in proper form, and payment of the license
fee required by subdivision 3, the department shall issue a
license in form as prescribed by the department to the
applicant, unless it determines that the applicant is otherwise
unqualified. The license permits the applicant to whom it is
issued to engage in business as a distributor or operator at the
place of business shown in the application. The department must
assign a license number to each person licensed at the time the
initial license is issued. The license number must be inscribed
upon all licenses issued to that distributor or operator.
Sec. 54. Minnesota Statutes 1984, section 352.01,
subdivision 2A, is amended to read:
Subd. 2A. [INCLUDED EMPLOYEES.] The following persons are
included in the meaning of state employee:
(1) Employees of the Minnesota Historical Society.
(2) Employees of the State Horticultural Society.
(3) Employees of the Disabled American Veterans, Department
of Minnesota, Veterans of Foreign Wars, Department of Minnesota,
if employed prior to July 1, 1963.
(4) Employees of the Minnesota Crop Improvement Association.
(5) Employees of the adjutant general who are paid from
federal funds and who are not covered by any federal civilian
employees retirement system.
(6) Employees of the state universities employed under the
university activities program.
(7) Currently contributing employees covered by the system
who are temporarily employed by the legislature during a
legislative session or any currently contributing employee
employed for any special service as defined in clause (8) of
subdivision 2B.
(8) Employees of the armory building commission.
(9) Permanent employees of the legislature and persons
employed or designated by the legislature or by a legislative
committee or commission or other competent authority to make or
conduct a special inquiry, investigation, examination or
installation including permanent employees of the legislative
research committee.
(10) Trainees who are employed on a full time established
training program performing the duties of the classified
position for which they will be eligible to receive immediate
appointment at the completion of the training period.
(11) Employees of the Minnesota Safety Council.
(12) Employees of the transit operating division of the
metropolitan transit commission and any employees on authorized
leave of absence from the transit operating division who are
employed by the labor organization which is the exclusive
bargaining agent representing employees of the transit operating
division.
(13) Employees of the metropolitan council, metropolitan
parks and open space commission, regional transit board,
metropolitan transit commission, metropolitan waste control
commission, metropolitan sports facilities commission or the
metropolitan mosquito control commission unless excluded or
covered by another public pension fund or plan pursuant to
sections 473.141, subdivision 12, or 473.415, subdivision 3.
(14) Judges of the tax court.
Sec. 55. Minnesota Statutes 1984, section 360.531,
subdivision 7, is amended to read:
Subd. 7. [PRORATING THE TAX.] When an aircraft first
becomes subject to taxation during the period for which the tax
is to be paid, the tax on it shall be for the remainder of that
period, prorated on a monthly basis of one-twelfth of the annual
tax for each calendar month counting the month during which it
becomes subject to the tax as the first month of such period,
except that the tax for the period of January 1, 1966, through
June 30, 1967, shall be prorated on a monthly basis of
one-eighteenth of the tax for said period.
Sec. 56. Minnesota Statutes 1984, section 363.071,
subdivision 1, is amended to read:
Subdivision 1. [CONDUCT OF HEARINGS.] A complaint issued
by the commissioner shall be heard as a contested case, except
that the report of the hearing examiner shall be binding on all
parties to the proceeding and if appropriate shall be
implemented by an order as provided for in subdivision 2. The
hearing shall be conducted at a place designated by the
commissioner, within the county where the unfair discriminatory
practice occurred or where the respondent resides or has his
principal place of business. The hearing shall be conducted in
accordance with Minnesota Statutes 1965, sections 15.0418,
15.0419, 15.0421, 15.0422 14.57 to 14.62, and is subject to
appeal in accordance with section 15.0424 sections 14.63 to
14.68.
Sec. 57. Minnesota Statutes 1984, section 388.051,
subdivision 2, is amended to read:
Subd. 2. [SPECIAL PROVISION; GROSS MISDEMEANORS.] In
Anoka, Carver, Dakota, Hennepin, Scott, and Washington counties,
only the county attorney shall prosecute gross misdemeanor
violations of sections 290.53, subdivisions 4 and 8 11; 290.92,
subdivision 15; 290A.11, subdivision 2; 297A.08; 297A.39,
subdivisions 4 and 8; 297B.10; 609.255, subdivision 3; 609.377;
609.378; 609.41; and 617.247.
Sec. 58. Minnesota Statutes 1984, section 422A.101,
subdivision 2, is amended to read:
Subd. 2. [CONTRIBUTIONS BY OR FOR CITY OWNED PUBLIC
UTILITIES, IMPROVEMENTS, OR MUNICIPAL ACTIVITIES.] Contributions
by or for any city owned public utility, improvement project and
other municipal activities supported in whole or in part by
revenues other than real estate taxes, any public corporation,
any employing unit of metropolitan government, Special School
District No. 1 or Hennepin County, on account of any employee
covered by the fund shall be calculated as follows:
(a) a regular employer contribution of an amount equal to
the percentage rounded to the nearest two decimal places of the
salaries and wages of all employees of the employing unit
covered by the retirement fund which equals the difference
between the level normal cost plus administrative cost reported
in the annual actuarial valuation and the employee contributions
provided for in section 422A.10;
(b) an additional employer contribution of an amount equal
to the percent specified in section 353.27, subdivision 3c 3a,
clause (a), multiplied by the salaries and wages of all
employees of the employing unit covered by the retirement fund;
(c) a proportional share of an additional employer
amortization contribution of an amount equal to $3,900,000
annually until the year 2017 based upon the share of the fund's
unfunded liability attributed to the employer as disclosed in
the annual actuarial valuation.
The city council or any board or commission may, by proper
action, provide for the inclusion of the cost of the retirement
contributions for employees of any city owned public utility or
for persons employed in any improvement project or other
municipal activity supported in whole or in part by revenues
other than taxes who are covered by the retirement fund in the
cost of operating the utility, improvement project or municipal
activity. The cost of retirement contributions for these
employees shall be determined by the retirement board and the
respective governing bodies having jurisdiction over the
financing of these operating costs.
The cost of the employer contributions on behalf of
employees of Special School District No. 1 who are covered by
the retirement fund shall be the obligation of the school
district. The retirement board shall prepare an itemized
statement of the financial requirements of the fund payable by
the school district, which shall be submitted prior to September
15. Contributions by the school district shall be made at times
designated by the retirement board. The school district may
levy for its contribution to the retirement fund only to the
extent permitted pursuant to section 275.125, subdivision 6a.
The cost of the employer contributions on behalf of
elective officers or other employees of Hennepin County who are
covered by the retirement fund pursuant to sections 422A.09,
subdivision 3, clause (2), 422A.22, subdivision 2, or 488A.115,
or Laws 1973, Chapter 380, Section 3, Laws 1975, Chapter 402,
Section 2, or any other applicable law shall be the obligation
of Hennepin County. The retirement board shall prepare an
itemized statement of the financial requirements of the fund
payable by Hennepin County, which shall be submitted prior to
September 15. Contributions by Hennepin County shall be made at
times designated by the retirement board. Hennepin County may
levy for its contribution to the retirement fund.
Sec. 59. Minnesota Statutes 1984, section 453.55,
subdivision 11, is amended to read:
Subd. 11. Neither the officials, the directors, nor the
members of a municipal power agency nor any person executing
bonds or notes shall be liable personally on the bonds or notes
or be subject to any personal liability or accountability by
reason of the issuance thereof. A municipal power agency shall
have power to indemnify and to purchase and maintain insurance
on behalf of any director, officer, employee, or agent of the
municipal power agency, in connection with any threatened,
pending, or completed action, suit, or proceeding, to the same
extent and in the same manner and with the same force and effect
as provided in the case of a private corporation under the
provisions of section 300.082 300.083.
Sec. 60. Minnesota Statutes 1984, section 473.384,
subdivision 6, is amended to read:
Subd. 6. [FINANCIAL ASSISTANCE FOR CERTAIN PROVIDERS.] The
board shall provide financial assistance to recipients who were
receiving assistance by contract with the commissioner of
transportation under Minnesota Statutes 1982, section 174.24,
subdivision 3 on the effective date of this section July 1,
1984, so that the percentage of total operating cost, as defined
by the board, paid by the recipient from all local sources of
revenue, including operating revenue, does not exceed the
percentage for the recipient's classification as determined by
the commissioner of transportation under his final contract with
the recipient. The board may include funds received under
section 473.446, subdivision 1a, as a local source of revenue.
The remainder of the total operating cost will be paid by the
board less all assistance received by the recipient for that
purpose from any federal source.
If a recipient informs the board in writing prior to the
distribution of financial assistance for any year that paying
its designated percentage of total operating cost from local
sources will cause undue hardship, the board may adjust the
percentage as it deems equitable. If for any year the funds
available to the board are insufficient to allow the board to
pay its share of total operating cost for those recipients, the
board shall reduce its share in each classification to the
extent necessary.
Sec. 61. Minnesota Statutes 1984, section 473.446,
subdivision 1, is amended to read:
Subdivision 1. [TAXATION WITHIN TRANSIT TAXING DISTRICT.]
For the purposes of sections 473.401 to 473.451 and the
metropolitan transit system, except as otherwise provided in
this subdivision the regional transit board shall levy each year
upon all taxable property within the metropolitan transit taxing
district, defined in subdivision 2, a transit tax consisting of:
(a) An amount up to two mills times the assessed value of
all such property, based upon the level of transit service
provided for the property, the proceeds of which shall be used
for payment of the expenses of operating transit and paratransit
service;
(b) An additional amount, if any, as the commission board
determines to be necessary to provide for the full and timely
payment of its certificates of indebtedness and other
obligations outstanding on July 1, 1977, to which property taxes
under this section have been pledged; and
(c) An additional amount necessary to provide full and
timely payment of certificates of indebtedness, bonds, or other
obligations issued or to be issued pursuant to section 473.436
for purposes of acquisition and betterment of property and other
improvements of a capital nature and to which the commission
board has specifically pledged tax levies under this clause.
The county auditor shall reduce the tax levied pursuant to
this subdivision on all property within cities or towns that
receive full peak service and limited off-peak service by an
amount equal to the tax levy that would be produced by applying
a rate of 0.5 mills on the property. The county auditor shall
reduce the tax levied pursuant to this subdivision on all
property within cities or towns that receive limited peak
service by an amount equal to the tax levy that would be
produced by applying a rate of 0.75 mills 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 section
275.29. Any prior year adjustments shall also be certified in
the abstracts of tax lists. The commissioner 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
commissioner shall pay to the regional transit board the amounts
certified by the county auditors on the dates provided in
section 273.13, subdivision 15a, clause (3). There is annually
appropriated from the general fund in the state treasury to the
department of revenue the amounts necessary to make these
payments in fiscal year 1987 and thereafter.
For the purposes of this subdivision, "full peak and
limited off-peak service" means peak period service plus weekday
midday service with a frequency of more than 60 minutes on the
route with the greatest frequency; and "limited peak period
service" means peak period service only.
Sec. 62. Minnesota Statutes 1984, section 474.17,
subdivision 3, is amended to read:
Subd. 3. [ENERGY AND ECONOMIC DEVELOPMENT AUTHORITY
ALLOCATION.] From January 1 to August 31 of calendar year 1984,
$40,000,000 and for calendar year 1985 $60,000,000 of the
aggregate limit of bond issuance authority allocated to the
state pursuant to a federal limitation act is allocated to the
energy and economic development authority for use or allocation
pursuant to section 116J.58, subdivision 4, clause (2). From
September 1 to October 31 of each year, the energy and economic
development authority or any entity which receives an allocation
from the energy and economic development authority pursuant to
section 116J.58, subdivision 4, clause (2), may retain its
allocation or a portion of it only if it has submitted to the
division of the energy and economic development authority
responsible for administering Laws 1984, chapter 582, on or
before September 1 a letter which states (a) its intent to issue
obligations pursuant to its allocation or a portion of it before
the end of the calendar year or within the time period permitted
by a federal limitation act, and (b) a description of the
specific project or projects for which the obligations will be
issued, together with an application deposit in the amount of
one percent of the amount of its remaining unused allocation or
the portion of it pursuant to which it intends to issue
obligations. If the energy and economic development authority
or any entity which receives an allocation from the energy and
economic development authority pursuant to section
116J.58, subdivision 4, clause (2), does not submit the required
letter of intent and the application deposit, the amount
originally allocated to the energy and economic development
authority or any entity which receives an allocation from the
energy and economic development authority pursuant to section
116J.58, subdivision 4, clause (2), or the portion not already
used and not subject to a letter of intent shall be canceled and
subject to reallocation in accordance with section 472.09,
subdivision 8 474.19. If the energy and economic development
authority or any entity which receives an allocation from the
energy and economic development authority pursuant to section
116J.58, subdivision 4, clause (2), returns for reallocation all
or any part of its allocation on or before October 31, that
portion of its application deposit equal to one percent of the
amount returned shall be refunded within 30 days.
Sec. 63. Minnesota Statutes 1984, section 474.19,
subdivision 3, is amended to read:
Subd. 3. [ALLOCATION CRITERIA.] The energy and economic
development authority shall rank each application on the basis
of the number of points awarded to it, with one point being
awarded for each of the following criteria satisfied:
(1) The current rate of unemployment for the applicant is
at or above 110 percent of the statewide average unemployment
rate for the previous year, as determined by the department of
economic security. The unemployment rate for the applicant
shall be the greater of (i) the most recent estimate available
for the smallest jurisdiction which wholly includes the
jurisdiction of the applicant, as reported by the department of
economic security, or (ii) another estimate supplied by the
applicant with respect to its jurisdiction, which is documented
by the applicant.
(2) The number of individuals employed in the applicant's
jurisdiction declined from the second calendar year before the
application, to the first calendar year before the application.
The estimate of the number of individuals employed for each year
shall be based on the same source, and shall be (i) the most
recent estimate available for the smallest jurisdiction which
wholly includes the applicant, as reported by the department of
economic security, or (ii) another estimate supplied by the
applicant with respect to its jurisdiction, which is documented
by the applicant.
(3) The number of jobs to be created by the project
described in the application is at least 1/10 of one percent of
the number of individuals employed in the applicant's
jurisdiction in the first calendar year before the application
as determined in the manner provided in clause (2).
(4) The number of jobs to be created by the project
described in the application is at least two jobs for each
$100,000 of issuance authority requested for the project.
(5) As of the date of application the total market value of
all taxable property in the applicant's jurisdiction, as based
on the most recent certification of assessed value to the
commissioner of revenue, has either (i) declined in relation to
the first calendar year before the certification, or (ii)
increased in relation to the first calendar year before the
certification at a rate which is not in excess of 90 percent of
the rate of increase of the state average market value over the
same period.
(6) The estimated market value of the project described in
the application is at least one-half of one percent of the total
market value of all taxable property in the applicant's
jurisdiction as based on the most recent certification of
assessed value to the commissioner of revenue.
(7) The project is wholly located in an enterprise zone
designated pursuant to section 273.1312.
(8) The project site meets the criteria necessary to
qualify as a tax increment redevelopment district as defined in
section 273.73, subdivision 10. To qualify under this clause
the project need not be included in a tax increment financing
district.
(9) The project meets one of the following energy
conservation criteria: (i) the project is eligible for the
additional federal investment tax credits for energy property,
(ii) the project involves construction or expansion of a
district heating system as defined in section 116J.36, or (iii)
the project involves construction of an alternative energy
source as described in section 116J.26, clause (a), (b), or (d),
or 116J.922 116M.03, subdivision 6 22 or 7 23.
(10) Ninety percent or more of the proceeds of the proposed
obligations will be used for construction, installation, or
addition of equipment used primarily to abate or control
pollutants to meet or exceed state laws, rules, or standards.
(11) The project consists of the renovation,
rehabilitation, or reconstruction of an existing building which
is (i) located in a historic district designated under section
138.73, or on a site listed in the state registry of historical
sites under sections 138.53 to 138.5819; or (ii) designated in
the National Register pursuant to United States Code, title 16,
section 470a.
(12) Ninety percent or more of the proceeds of the proposed
obligations will be used to finance facilities for waste
management as defined in section 115A.03, subdivision 36, or
solid waste as defined in section 116.06, subdivision 10.
(13) Service connections to sewer and water systems are
available to the project at the time the application is
submitted.
(14) The minority population in the applicant's
jurisdiction is at least 110 percent of the statewide average as
determined by the affirmative action division of the department
of economic security according to the most recent census data.
(15) When the application is submitted either (a) neither
the anticipated owner of the project, nor any party of which the
owner was a controlling partner or shareholder, or which was a
controlling shareholder or partner of the owner, owned or
operated a substantially similar business within the state or
(b) the project is an expansion of the operations of an existing
business which is not likely to have the effect of transferring
existing employment from one or more other municipalities within
the state to the municipality in which the project is located.
(16) A controlling interest in the project will be owned by
one or more women or minority persons.
(17) Seventy-five percent or more of the proceeds of the
proposed issue will be used to rehabilitate an existing
structure.
(18) At the time of application, the property on which the
project is to be located is properly zoned for the proposed use.
(19) The bond issue involves a credit enhancement device
providing additional security for bondholders involving
commitments or fees to be paid by the issuer other than from
bond proceeds. No points shall be awarded for credit
enhancement devices financed directly or indirectly by a
private, for-profit party which has a financial interest in or
is related to any party which has a financial interest in the
project.
Sec. 64. Minnesota Statutes 1984, section 474.19,
subdivision 7, is amended to read:
Subd. 7. [CARRYOVER ALLOCATION.] If prior to December 20
of any year, an issuer determines that it will not issue
obligations pursuant to authority allocated to it pursuant to
this section or section 459.35 474.17 or 462.556 474.18 by the
end of that year or within the time period permitted by a
federal limitation act, the issuer may notify the energy and
economic development authority and such amount will be available
for reallocation pursuant to this subdivision. In such case,
the energy and economic development authority shall refund to
the issuer within 30 days that portion of any application
deposit equal to one-third of one percent of the amount returned
for reallocation. The amounts available for reallocation shall
be allocated on or before December 31 of each year among issuers
which have submitted an application by December 10, and which
have certified that the project to which the application relates
qualifies for carryover treatment of allocated authority
according to the terms of a federal limitation act, such that
obligations may be issued pursuant to such allocation of
authority after the end of the year, without expiration of such
authority. If there is insufficient authority for allocation
among applications received pursuant to this subdivision,
allocation among them shall be made by lot unless otherwise
agreed by the respective applicants.
Sec. 65. Minnesota Statutes 1984, section 519.01, is
amended to read:
519.01 [SEPARATE LEGAL EXISTENCE.]
Women shall retain the same legal existence and legal
personality after marriage as before, and every married woman
shall receive the same protection of all her rights as a woman
which her husband does as a man, including the right to appeal
to the courts in her own name alone for protection or redress;
but this section shall not confer upon the wife a right to vote
or hold office, except as is otherwise provided by law.
Sec. 66. Minnesota Statutes 1984, 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 who is
less than 16 years of age may be admitted to a treatment
facility as an informal patient according to section 253B.04 but
may not be committed to any state institution except pursuant to
chapter 253B. 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 3.
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. 67. Minnesota Statutes 1984, section 571.41,
subdivision 5b, is amended to read:
Subd. 5b. [DUTY OF FINANCIAL INSTITUTION; EXEMPTION;
OBJECTION.] Upon receipt of the garnishee summons and exemption
notices, the financial institution shall attach and bind as much
of the amount due under section 571.471 as the financial
institution has on deposit owing to the judgment debtor. Within
two business days after receipt of the garnishee summons and
exemption notices, the financial institution shall serve upon
the judgment debtor two copies of the exemption notice. The
financial institution shall serve the notice by first class mail
to the last known address of the judgment debtor. If no claim
of exemption is received by the financial institution within 14
days after the exemption notices are mailed to the judgment
debtor, the funds shall remain subject to the garnishment
summons. If the judgment debtor elects to claim an exemption,
he shall complete the exemption notice, affix his signature
under penalty of perjury, and deliver one copy to the financial
institution and one copy to the judgment creditor within 14 days
of the date postmarked on the correspondence mailed to the
judgment debtor containing the exemption notices. Failure of
the judgment debtor to serve the executed exemption notice does
not constitute a waiver of any right he may have to an
exemption. Upon timely receipt of a claim of exemption, funds
not claimed to be exempt by the judgment debtor shall remain
subject to the garnishment summons. All money claimed to be
exempt shall be released to the judgment debtor upon the
expiration of seven days after the date postmarked on the
correspondence containing the executed exemption notice mailed
to the judgment creditor, or the date of personal delivery of
the executed exemption notice to the judgment creditor, unless
within that time the judgment creditor interposes an objection
to the exemption. Objection shall be interposed by mailing or
delivering one copy of the written objection to the financial
institution and one copy of the written objection to the
judgment creditor debtor. Upon receipt of a written objection
from the judgment creditor within the specified seven-day
period, the financial institution shall retain the funds claimed
to be exempt. Unless the financial institution receives a
notice of motion and motion from the judgment debtor asserting
exemption rights within ten days after receipt of the
written objection to the exemption, the funds shall remain
subject to the garnishment summons as if no claim of exemption
has been made. Either the judgment creditor or the judgment
debtor may bring a motion to determine the validity of an
exemption claim by following the procedure set out in
subdivision 7. If a notice of motion and motion to determine
the validity of a claim of exemption is received by the
financial institution within the period provided, the financial
institution shall retain the funds claimed to be exempt until
otherwise ordered by the court, or until the garnishment lapses
pursuant to section 571.69. However, at any time during the
procedure specified in this subdivision, the judgment debtor or
the judgment creditor may, by a writing dated subsequent to the
service of the execution, direct the financial institution to
release the funds in question to the other party. Upon receipt
of a release, the financial institution shall release the funds
as directed.
Sec. 68. [INSTRUCTION TO REVISOR.]
In Minnesota Statutes, the revisor of statutes shall
replace the reference to chapter 16 listed in column B which
occurs in the section specified in column A with the new
reference listed in column C.
COLUMN A, section COLUMN B, section COLUMN C, section
16A.124 16.011 16B.01
16B.15, subdivision 2 16 16B
44A.07, subdivision 2 16 16B
84.026 16.098 16B.06
116K.06 16 16B
136.11, subdivision 5 16 16B
136.24 16 16B
136.37 16 16B
246.36 16 16B
Sec. 69. [INSTRUCTION TO REVISOR.]
In Minnesota Statutes, the revisor of statutes shall
replace the reference to Minnesota Code of Agency Rules listed
in column B which occurs in the section specified in column A
with the new references to Minnesota Rules listed in column C.
COLUMN A, section COLUMN B, section COLUMN C, section
105.416, subdivision 3 MHD 217 to 222 4725.1900 to
4725.6500
124.17, subdivision 2 5 MCAR 1.0120 B.11 3525.0200
182.668, subdivision 1 8 MCAR 1.7001 5205.0010
256B.25, subdivision 3 12 MCAR 2.036 9520.0500 to
9520.0690
12 MCAR 2.035 9530.2500 to
9530.4000
12 MCAR 2.005 9545.0900 to
9545.1090
12 MCAR 2.008 9545.1400 to
9545.1500
256B.431, subdivision 4 12 MCAR 2.036 9520.0500 to
9520.0690
256B.433 12 MCAR 2.047 9500.0750 to
9500.1080
256B.50 12 MCAR 2.049 9510.0010 to
9510.0480
Sec. 70. [INSTRUCTION TO REVISOR.]
In Minnesota Statutes, the revisor of statutes shall delete
the term "regulation," "regulations," or similar terms when
referring to administrative rules adopted on the state level and
replace them with the terms "rule" or "rules" as appropriate in
conformance with Laws 1975, chapter 380. In the phrase "rules
and regulations," the revisor shall delete "and regulations."
Sec. 71. Laws 1977, chapter 434, section 4, is repealed.
Sec. 72. Laws 1977, chapter 434, section 5, and Laws 1977,
chapter 386, section 1, are repealed.
Sec. 73. Laws 1978, chapter 772, section 8, is repealed.
Sec. 74. Laws 1980, chapter 522, section 4, is repealed.
Sec. 75. Laws 1983, chapter 222, section 14, is repealed.
Sec. 76. Laws 1983, chapter 247, section 122, is repealed.
Sec. 77. Laws 1983, chapter 247, section 176, is repealed.
Sec. 78. Laws 1983, chapter 247, section 217, is repealed.
Sec. 79. Laws 1983, chapter 253, section 19, is repealed.
Sec. 80. Laws 1983, chapter 299, section 20, is repealed.
Sec. 81. Laws 1983, chapter 301, section 220, is repealed.
Sec. 82. Laws 1983, chapter 314, article 11, section 19,
is repealed.
Sec. 83. Laws 1983, chapter 359, section 149, is repealed.
Sec. 84. Laws 1984, chapter 463, article 7, section 53,
subdivision 2, is amended to read:
Subd. 2. [DESEGREGATION VARIANCE.] The revisor of statutes
shall replace Minnesota Rules, part 3525.0700 3535.0700, first
paragraph, second sentence, with section 49.
Sec. 85. Laws 1984, chapter 468, section 1, is repealed.
Sec. 86. Laws 1984, chapter 471, section 14, is repealed.
Sec. 87. Laws 1984, chapter 471, section 15, is repealed.
Sec. 88. Laws 1984, chapter 471, section 16, is repealed.
Sec. 89. Laws 1984, chapter 514, article 2, section 13, is
repealed.
Sec. 90. Laws 1984, chapter 541, section 1, is repealed.
Sec. 91. Laws 1984, chapter 543, section 8, is repealed.
Sec. 92. Laws 1984, chapter 618, section 59, is repealed.
Sec. 93. That part of Laws 1984, chapter 629, section 2,
that amends section 375.193, is repealed.
Sec. 94. Laws 1984, chapter 638, section 3, is repealed.
Sec. 95. Laws 1984, chapter 654, article 2, section 118,
is repealed.
Approved May 28, 1985
Official Publication of the State of Minnesota
Revisor of Statutes