Office of the Revisor of Statutes
Minnesota Session Laws - 1987, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1987
CHAPTER 384-H.F.No. 713
An act relating to Minnesota Statutes; correcting
erroneous, ambiguous, omitted, and obsolete references
and text; eliminating certain redundant, conflicting,
and superseded provisions; providing instructions to
the revisor; making miscellaneous corrections to
statutes and other laws; amending Minnesota Statutes
1986, sections 1.135, subdivision 3; 8.31, subdivision
1; 13.43, subdivision 6; 14.02, subdivision 4; 15.61;
17.59, subdivision 5; 17A.04, subdivision 1; 28A.15,
subdivision 4; 32.394, subdivisions 8, as amended, and
8b, as amended; 38.27, subdivision 3; 41A.05,
subdivision 2; 48.13, subdivision 2; 48.26; 49.01,
subdivision 3; 49.44; 60A.17, subdivision 12; 62E.02,
subdivision 23, as amended; 64B.18; 72A.41,
subdivision 1; 79.38, subdivision 1; 84A.08; 97A.021,
subdivision 2; 97A.065, subdivision 4; 97A.205;
97A.441, subdivision 5; 97A.445, subdivision 3;
97A.465, subdivision 4; 97A.501, subdivision 2;
97A.545, subdivision 4; 97B.315; 97B.921; 97B.925;
115A.07, subdivision 1; 115A.12, subdivision 1;
115A.14, subdivision 5; 115A.162; 116C.57, subdivision
3; 116E.03, subdivision 9; 116J.72; 120.17,
subdivision 5a; 121.904, subdivisions 11a and 11b;
122.541, subdivision 2; 124.01, subdivision 1;
124.195, subdivisions 8 and 9; 124.2138, subdivisions
3 and 4; 124.32, subdivision 1c; 124.472; 126.39,
subdivision 11; 136.44; 136A.04, subdivision 2;
136A.06; 136D.28, subdivision 2; 136D.89, subdivision
2; 147.09; 152.02, subdivision 12; 160.283,
subdivision 1; 161.1419, subdivision 4, as amended;
171.05, subdivision 3; 174.255, subdivisions 1 and 2;
174.29, subdivision 1; 176.011, subdivision 9;
176.442, as amended; 176.83, subdivision 7; 177.24,
subdivision 2; 179A.12, subdivision 1; 182.651,
subdivision 18; 193.141, subdivision 2; 193.145,
subdivision 2; 214.01, subdivision 3; 219.691;
219.692; 219.743; 219.755; 222.61; 241.31, subdivision
2; 243.24, subdivision 2; 246.51, subdivision 1;
246A.02; 246A.11, subdivision 1; 246A.12, subdivisions
1 and 7; 246A.13, subdivision 1; 250.05, subdivision
2; 256.12, subdivision 14; 256.462, subdivision 2;
256B.03, subdivision 2; 256D.05, subdivision 1, as
amended; 256D.36, subdivision 1, as amended; 256D.37,
subdivision 1, as amended; 257.34, subdivision 1;
260.015, subdivision 3; 260.151, subdivision 1;
268.072, subdivision 6; 270.075, subdivision 1, as
amended; 271.15; 273.11, subdivision 8, as amended;
273.13, subdivision 22; 275.125, subdivisions 6a, 8,
and 11c; 278.06; 282.08; 290.01, subdivision 20b;
295.34, subdivision 1; 296.14, subdivision 4; 297.03,
subdivision 3; 297A.06; 297A.25, subdivision 10;
297D.07, as amended; 302A.727, subdivision 1, as
amended; 308.341; 317.03; 317.65, subdivision 6;
319A.03; 319A.05; 319A.12, subdivisions 1a and 2;
322A.70; 326.03, subdivision 2; 326.06; 327.18,
subdivision 3; 327C.07, subdivision 3a; 349.2121,
subdivision 3; 354.05, subdivision 2; 355.311,
subdivision 1; 361.26, subdivision 2; 366.095,
subdivision 1; 378.43, subdivision 1; 383A.404,
subdivision 7; 383B.035, subdivision 1; 383B.237;
383C.76; 386.71; 393.13, subdivision 1; 412.381;
412.501; 447.42, subdivision 2; 453.53, subdivision 3;
458A.03, subdivision 8; 458C.17; 462.601; 462.605;
462A.04, subdivision 8; 462A.05, subdivision 18;
462A.20, subdivision 3; 462C.04, subdivision 2;
462C.12, subdivision 2; 471.467, subdivision 1;
471.74, subdivision 2; 471.993, subdivision 1;
471A.03, subdivision 2; 473.149, subdivision 4;
473.181, subdivision 3; 473.811, subdivisions 6, 7, 8,
and 9; 473F.06; 473F.07, subdivision 1; 473F.09;
474A.09; 604.06; 609.53, subdivisions 1 and 1a;
609.687, subdivision 4; 611.14; 626A.05, subdivision
2; 645.02; amending Laws 1982, chapter 523, article
30, section 4, subdivision 1; Laws 1983, chapter 334,
section; and Laws 1986, chapter 399, article 1,
section 17; amending 1987 H.F. No. 42, section 4,
subdivision 2; H.F. No. 243, article 2, section 165;
H.F. No. 753, article 1, section 16, by adding a
subdivision, article 6, section 20, by adding a
subdivision, and by adding a section, article 10,
section 2, subdivision 2, and section 3; H.F. No. 919,
section 8, subdivision 2, section 14, subdivision 8,
and section 18, subdivision 11; 1987 S.F. No. 1,
article 1, section 14, article 2, sections 11 and 18,
article 6, section 9, article 9, section 15,
subdivision 2, and sections 22 and 23, article 10,
sections 8 and 9; S.F. No. 170, section 4, subdivision
1; S.F. No. 1516, section 1, section 10, subdivisions
1 and 6, sections 20, 34, and 133, subdivision 1;
repealing Minnesota Statutes 1986, sections 193.145,
subdivision 3; 325D.69, subdivision 1; and 326.2421,
subdivision 7; repealing Laws 1986, chapter 463,
section 3; and Laws 1986, First Special Session
chapter 3, article 1, section 84; and 1987 S.F. No.
1516, section 10, subdivision 7.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
REVISOR'S BILL
STATUTORY CORRECTIONS
Section 1. Minnesota Statutes 1986, section 1.135,
subdivision 3, is amended to read:
Subd. 3. [DESIGN.] The design of the seal is as described
in this subdivision.
(a) The seal is composed of two concentric borders. The
outside forms the border of the seal and the inside forms the
border for the illustrations within the seal. The area between
the two borders contains lettering.
(b) The seal is two inches in diameter. The outside border
has a radius of one inch and resembles the serrated edge of a
coin. The width of the border is 1/16 of an inch.
(c) The inside border has a radius of three-fourths of an
inch and is composed of a series of closely spaced dots
measuring 1/32 of an inch in diameter.
(d) Within the area between the borders "The Great Seal of
the State of Minnesota." is printed in capital letters. Under
that is the date "1858." with two dagger symbols separating the
date and the letters. The lettering is 14 point century bold.
(e) In the area within the inside border is the portrayal
of an 1858 Minnesota scene made up of various illustrations that
serve to depict a settler plowing the ground near the falls of
St. Anthony while he watches an Indian on horseback riding in
the distance.
(f) For the purposes of description, when the area within
the inside border is divided into quadrants, the following
illustrations should be clearly visible in the area described.
(1) In the upper parts of quadrants one and two, the
inscription "L'Etoile du Nord" is found on the likeness of a
scroll whose length is equal to twice the length of the
inscription, but whose ends are twice folded underneath and
serve to enhance the inscription. The lettering is seven point
century bold.
(2) In quadrant two is found a likeness of a rising sun
whose ambient rays form a background for a male Indian in
loincloth and plume riding on horseback at a gallop. The Indian
is sitting erect and is holding a spear in his left hand at an
upward 60-degree angle to himself and is looking toward the
settler in quadrant four.
(3) In quadrant one, three pine trees form a background for
a picturesque resemblance of St. Anthony Falls in 1858.
(4) In quadrants three and four, cultivated ground is found
across the lower half of the seal, which provides a background
for the scenes in quadrants three and four.
(5) In quadrant three, a tree stump is found with an ax
embedded in the stump and a period muzzle loader resting on it.
A powder flask is hanging towards the end of the barrel.
(6) In quadrant four, a white barefoot male pioneer wearing
clothing and a hat of that period is plowing the earth, using an
animal-drawn implement from that period. The animal is not
visible. The torso of the man continues into quadrant two, and
he has his legs spread apart to simulate movement. He is
looking at the Indian.
Sec. 2. Minnesota Statutes 1986, section 13.43,
subdivision 6, is amended to read:
Subd. 6. [ACCESS BY LABOR ORGANIZATIONS.] Personnel data
may be disseminated to labor organizations to the extent that
the responsible authority determines that the dissemination is
necessary to conduct elections, notify employees of fair share
fee assessments, and implement the provisions of chapter
chapters 179 and 179A. Personnel data shall be disseminated to
labor organizations and to the bureau of mediation services to
the extent the dissemination is ordered or authorized by the
director of the bureau of mediation services.
Sec. 3. Minnesota Statutes 1986, section 64B.18, is
amended to read:
64B.18 [BENEFITS NOT ATTACHABLE.]
Except as provided in chapter 256B, the money or other
benefits, charity, relief, or aid to be paid, provided, or
rendered by any society authorized to do business under this
chapter shall, neither before nor after being paid, be liable to
attachment, garnishment, or other process and shall not
be ceased seized, taken, appropriated, or applied by any legal
or equitable process or operation of laws to pay any debt or
liability of a certificate holder or of any beneficiary named in
the certificate, or of any person who may have any right
thereunder.
Sec. 4. Minnesota Statutes 1986, section 84A.08, is
amended to read:
84A.08 [LANDS CLASSIFIED.]
Upon receipt by the commissioner of finance natural
resources of the reports of a county auditor specified in
section 84A.04, the commissioner shall certify a copy thereof to
the department, which shall classify all such lands as to their
suitability for agriculture or for afforestation or
reforestation or for ownership and use by the state for
preserving, propagating, breeding and hunting of wild life of
the kinds specified in section 84A.01, and after the title to
any such lands has been acquired by the state, in the manner
provided, such lands may be reclassified, from time to time.
All such lands which shall become the absolute property of the
state under the provisions of sections 84A.01 to 84A.11, which
have been classified as suitable for agriculture and timber,
from any lands so acquired, shall be subject to sale by the
state, as provided by law.
Sec. 5. Minnesota Statutes 1986, section 97A.065,
subdivision 4, is amended to read:
Subd. 4. (a) For the purposes of this subdivision, "wild
rice licenses" means licenses issued by the commissioner under
the provisions of section 98.46, subdivision 3, clause (1), and
subdivision 18, clause (1) 84.091, subdivision 3, clauses (1),
(3), and (4).
(b) All money received from the sale of wild rice licenses
shall be paid into an account, known as the "wild rice
management account," to be established in the state treasury for
the management of designated public waters to improve natural
wild rice production.
(c) Any money not otherwise appropriated from the wild rice
management account, and any monetary interest accrued to the
state as a result of this money, shall remain in the wild rice
management account until appropriated.
Sec. 6. Minnesota Statutes 1986, section 97A.205, is
amended to read:
97A.205 [ENFORCEMENT OFFICER POWERS.]
An enforcement officer is authorized to:
(1) execute and serve court issued warrants and processes
relating to wild animals, wild rice, public waters, water
pollution, conservation, and use of water, in the same manner as
a constable or sheriff;
(2) enter any land to carry out the duties and functions of
the division;
(3) make investigations of violations of the game and fish
laws;
(4) take an affidavit, if it aids an investigation;
(5) arrest, without a warrant, a person that who is
detected in the actual violation of the game and fish laws, a
provision of chapters 84A, 85, 86A, 88 to 106A, 361, sections
89.51 to 89.61 and 18.431 to 18.436; 609.66, subdivision 1,
clauses (1), (2), (5), and (7); and 609.68; and
(6) take an arrested person before a court in the county
where the offense was committed and make a complaint.
Sec. 7. Minnesota Statutes 1986, section 97A.441,
subdivision 5, is amended to read:
Subd. 5. [ANGLING; DISABLED VETERANS.] A person authorized
to issue licenses must issue, without a fee, a permanent license
to take fish by angling to a resident that who is a veteran, as
defined in section 197.447, and that has a 100 percent service
connected disability as defined by the United States Veterans
Administration upon being furnished satisfactory evidence.
Sec. 8. Minnesota Statutes 1986, section 97A.445,
subdivision 3, is amended to read:
Subd. 3. [ANGLING AND SPEARING; DISABLED RAILROAD AND
POSTAL RETIREES.] A license is not required to take fish by
angling or spearing for a resident that is:
(1) receiving aid under the federal Railroad Retirement Act
of 1937, United States Code Annotated, title 45, section
228b(a)5; or
(2) a former employee of the United States Postal Service
receiving disability pay under United States Code Annotated,
title 4 5, section 8337.
Sec. 9. Minnesota Statutes 1986, section 97A.465,
subdivision 4, is amended to read:
Subd. 4. [DISCHARGED RESIDENT; OBTAINING DEER LICENSE
DURING SEASON.] Notwithstanding section 97A.481 97A.485,
subdivision 9, a resident that who is discharged from the United
States armed forces during, or within ten days before, the
firearms deer season may, upon showing the official discharge
paper, obtain a firearm deer license during the season.
Sec. 10. Minnesota Statutes 1986, section 97A.501,
subdivision 2, is amended to read:
Subd. 2. [ENDANGERED SPECIES.] A person may not take,
import, transport, or sell an endangered species of wild animal,
or sell, or possess with intent to sell an article made from the
parts of a wild animal, except as provided in section 84.0894
84.0895.
Sec. 11. Minnesota Statutes 1986, section 97A.545,
subdivision 4, is amended to read:
Subd. 4. [UNDRESSED GAME BIRDS TAKEN IN ADJACENT STATES.]
A person may transport into the state dressed undressed game
birds that are lawfully taken and possessed in adjacent states.
A resident may ship the undressed game birds by common carrier
within the state. A nonresident may ship the undressed game
birds out of the state by common carrier. Each shipment must be
tagged or sealed by a conservation officer as prescribed by the
commissioner.
Sec. 12. Minnesota Statutes 1986, section 97B.315, is
amended to read:
97B.315 [CROSSBOW PERMITS.]
The commissioner may issue a special permit, without a fee,
to take deer with a crossbow to a person that is unable to hunt
in another manner because of a permanent physical disability.
The disability, established by medical evidence, and the
inability to hunt in another manner must be verified in writing
by a licensed physician. The person must obtain an archery deer
license. The crossbow must:
(1) be fired from the shoulder;
(2) deliver at least 42 foot-pounds of energy at a distance
of ten feet;
(3) have a stock at least 30 inches long;
(4) have a working safety; and
(5) be used with arrows or bolts of at least ten inches
long with a broadhead.
Sec. 13. Minnesota Statutes 1986, section 97B.921, is
amended to read:
97B.921 [OTTER SEASONS.]
The commissioner may establish open seasons for otter
between October 25 and April 30. The open season in an area may
not exceed 30 days. Otter may be taken only by trapping and the
taking is subject to restrictions prescribed by the commissioner.
Sec. 14. Minnesota Statutes 1986, section 97B.925, is
amended to read:
97B.925 [BEAVER SEASONS.]
The commissioner may establish open seasons for beaver
between October 25 and April 30. Beaver may be taken only by
trapping and the taking is subject to restrictions prescribed by
the commissioner.
Sec. 15. Minnesota Statutes 1986, section 115A.162, is
amended to read:
115A.162 [HAZARDOUS WASTE PROCESSING FACILITY LOANS.]
The board shall review applications for hazardous waste
processing facility loans received by the economic development
authority and forwarded to the board under section 116J.90,
subdivision 4a 116M.07, subdivision 9. The board may certify a
loan application only if it determines that:
(1) the applicant has demonstrated that the proposed
facility is technically feasible;
(2) the applicant has made a reasonable assessment of the
market for the services offered by the proposed facility;
(3) the applicant has agreed to provide funds for the
proposed facility in an amount equal to at least 25 percent of
the capital cost of the facility excluding land acquisition cost;
(4) the applicant has agreed to pay the cost of any land
acquisition necessary to develop the facility; and
(5) the facility will contribute in a significant way to
achievement of the policies and objectives of the hazardous
waste management plan and, in particular, to reduce the need for
and practice of hazardous waste disposal.
As a condition of its certification the board may require
an applicant to agree to provide funds in excess of 25 percent
of the capital cost of the facility in addition to any land
acquisition costs. In certifying an application or in
determining the share of the capital costs that will be provided
by the loan, the board may consider the types and volumes of
hazardous waste that will be handled by the facility, the number
of generators served by the facility, and the extent to which
the facility serves the need of smaller businesses that generate
hazardous waste. The board may establish additional criteria
for certifying loan applications consistent with the provisions
of this section.
The board may adopt emergency rules under sections 14.29 to
14.36 to implement the loan program. Emergency rules adopted by
the board remain in effect for 360 days or until permanent rules
are adopted, whichever occurs first.
Sec. 16. Minnesota Statutes 1986, section 136A.06, is
amended to read:
136A.06 [FEDERAL FUNDS.]
The higher education coordinating board is designated the
state agency to apply for, receive, accept, and disburse to both
public and private institutions of higher education all federal
funds which are allocated to the state of Minnesota to support
higher education programs, construction, or other activities and
which require administration by a state higher education agency
under the Higher Education Facilities Act of 1963, and any
amendments thereof, the Higher Education Act of 1965, and any
amendments thereof, and any other law which provides funds for
higher education and requires administration by a state higher
education agency as enacted or may be enacted by the Congress of
the United States; provided that no commitment shall be made
that shall bind the legislature to make appropriations beyond
current allocations of funds. The board may apply for, receive,
accept, and disburse all administrative funds available to the
board for administering federal funds to support higher
education programs, construction or other activities. The board
also may apply for, receive, accept, and disburse any research,
planning, or program funds which are available for purposes
consistent with the provisions of this chapter. In making
application for and administering federal funds the board may
comply with any and all requirements of federal law and federal
rules and regulations to enable it to receive and accept such
funds. The expenditure of any such funds received shall be
governed by the laws of the state, except insofar as federal
regulations may otherwise provide. The board may contract with
both public and private institutions in administering federal
funds, and such contracts shall not be subject to the provisions
of chapter 16 16B. All such moneys received by the board shall
be deposited in the state treasury and are hereby appropriated
to it annually for the purpose for which such funds are received.
None of such moneys shall cancel but shall be available until
expended.
Sec. 17. Minnesota Statutes 1986, section 147.09, is
amended to read:
147.09 [EXEMPTIONS.]
Section 147.10 147.081 does not apply to, control, prevent
or restrict the practice, service, or activities of:
(1) A person who is a commissioned medical officer of, a
member of, or employed by, the armed forces of the United
States, the United States Public Health Service, the Veterans
Administration, any federal institution or any federal agency
while engaged in the performance of official duties within this
state, if the person is licensed elsewhere.
(2) A licensed physician from a state or country who is in
actual consultation here.
(3) A licensed or registered physician who treats the
physician's homestate patients or other participating patients
while the physicians and those patients are participating
together in outdoor recreation in this state as defined by
section 86A.03, subdivision 3. A physician shall first register
with the board on a form developed by the board for that
purpose. The board shall not be required to promulgate the
contents of that form by rule. No fee shall be charged for this
registration.
(4) A student practicing under the direct supervision of a
preceptor while the student is enrolled in and regularly
attending a recognized medical school.
(5) A student who is in continuing training and performing
the duties of an intern or resident or engaged in postgraduate
work considered by the board to be the equivalent of an
internship or residency in any hospital or institution approved
for training by the board.
(6) A person employed in a scientific, sanitary or teaching
capacity by the state university, the state department of
education, or by any public or private school, college, or other
bona fide educational institution, or the state department of
health, whose duties are entirely of a public health or
educational character, while engaged in such duties.
(7) Physician's assistants registered in this state.
(8) A doctor of osteopathy duly licensed by the state board
of osteopathy under Minnesota Statutes 1961, sections 148.11 to
148.16, prior to May 1, 1963, who has not been granted a license
to practice medicine in accordance with this chapter provided
that the doctor confines activities within the scope of the
license.
(9) Any person licensed by a health related licensing
board, as defined in section 214.01, subdivision 2, or
registered by the commissioner of health pursuant to section
214.13, including licensed psychologists with respect to the use
of hypnosis; provided that the person confines activities within
the scope of the license.
(10) A Christian Scientist or other person who endeavors to
prevent or cure disease or suffering exclusively by mental or
spiritual means or by prayer, or who practices ritual
circumcision pursuant to the requirements or tenets of any
established religion.
Sec. 18. Minnesota Statutes 1986, section 160.283,
subdivision 1, is amended to read:
Subdivision 1. It is hereby found and declared that the
development and promotion of the tourist industry is important
to the economic welfare of the state. It is further found that
the control and regulation of outdoor advertising and the
consequential removal of certain advertising devices has
adversely affected many resorts through though such regulation
and control of outdoor advertising is in the general interest of
the people and is necessary to conserve the natural beauty of
areas adjacent to highways and roads of the state. The
legislature finds that in order to alleviate hardships on the
tourist industry caused by limitations imposed on the use of
outdoor advertising along certain local highways and roads and
to also conserve the natural beauty of areas adjacent to such
local highways and roads, it is necessary that devices,
directional in nature, be erected on certain local highways and
roads as hereinafter provided for the purpose of guiding
tourists and other travelers to their destination, and that such
directional devices be standardized and the design therefor and
distribution thereof be controlled by the department of
transportation with the counties participating therein.
Sec. 19. Minnesota Statutes 1986, section 171.05,
subdivision 3, is amended to read:
Subd. 3. Notwithstanding any provision in subdivision 1 to
the contrary, the department, upon application and payment of
the fee prescribed in section 65B.481 171.02, subdivision 3, may
issue a motorized bicycle instruction permit to an applicant who
is 15 years of age and who has successfully completed the
written portion of the examination prescribed by the
commissioner. The holder of this instruction permit who has the
permit in possession may operate a motorized bicycle within one
mile of the holder's residence for the purpose of practicing to
take the operator portion of the examination prescribed by the
commissioner.
Sec. 20. Minnesota Statutes 1986, section 246.51,
subdivision 1, is amended to read:
Subdivision 1. [PROCEDURES.] The commissioner shall make
investigation as necessary to determine, and as circumstances
require redetermine, what part of the cost of care, if any, the
patient is able to pay. If the patient is unable to pay the
full cost of care the commissioner shall make a determination as
to the ability of the relatives to pay. The patient or
relatives or both shall provide the commissioner documents and
proofs necessary to determine their ability to pay. Failure to
provide the commissioner with sufficient information to
determine ability to pay may make the patient or relatives, or
both, liable for the full cost of care until the time when
sufficient information is provided. No parent shall be liable
for the cost of care given a patient at a regional treatment
center after the patient has reached the age of 18 years. The
commissioner's determination shall be conclusive in any action
to enforce payment of the cost of care unless appealed from as
provided in section 246.55. All money received, except for
chemical dependency receipts, shall be paid to the state
treasurer and placed in the general fund of the state and a
separate account kept of it. Responsibility under this section
shall not apply to those relatives having gross earnings of less
than $11,000 per year.
Sec. 21. Minnesota Statutes 1986, section 246A.02, is
amended to read:
246A.02 [CREATION OF CORPORATION.]
There is created a corporation which shall be public in
nature. The corporation shall be known as ..................
Ramsey Health Care, Inc. The purpose of the corporation is to
engage in the provision and delivery of health care and related
services, including education and research.
Sec. 22. Minnesota Statutes 1986, section 246A.13,
subdivision 1, is amended to read:
Subdivision 1. [CORPORATION AS CONTINUATION OF
COMMISSION.] The hospital subsidiary corporation created by
section 246A.02 246A.06, subdivision 3 shall be considered a
continuation of the St. Paul Ramsey Medical Center commission
and not the creation of a new authority. The subsidiary
corporation succeeds to all rights and contractual obligations
of the commission with the same force and effect as if those
rights and obligations had been continued in the commission
itself.
Sec. 23. Minnesota Statutes 1986, section 246A.12,
subdivision 7, is amended to read:
Subd. 7. [POLITICAL SUBDIVISION.] Solely for the purpose
of establishing equitable compensation relationships, the
hospital subsidiary corporation shall be considered a political
subdivision pursuant to Laws 1984, chapter 651. Unless
expressly provided otherwise in Laws 1986, chapter 462, sections
1 to 29 sections 246A.01 to 246A.27, this subdivision shall not
be construed to mean that the hospital subsidiary corporation is
a political subdivision for any other purpose.
Sec. 24. Minnesota Statutes 1986, section 271.15, is
amended to read:
271.15 [WHO MAY ADMINISTER OATHS.]
The commissioner of revenue, each judge of the tax court,
the administrator and court administrators of the tax court, and
all other officers and employees of the department and of the
tax court shall, respectively, have power to administer oaths
and to take and certify acknowledgments so far as they may deem
necessary to the proper discharge of their respective duties,
and may authenticate the same with the seal of the department or
the tax court, as the case may be. The commissioner of revenue
and any officer and employee of the department shall no longer
exercise this power in any matter that has been appealed to the
tax court.
Sec. 25. Minnesota Statutes 1986, section 273.13,
subdivision 22, is amended to read:
Subd. 22. [CLASS 1.] (a) Except as provided in subdivision
23, real estate which is residential and used for homestead
purposes is class 1. The market value of class 1a property must
be determined based upon the value of the house, garage, and
land.
The first $64,000 of market value of class 1a property must
be assessed at 18 percent of its market value. The homestead
value of class 1a property that exceeds $64,000 must be assessed
at 28 percent of its value.
(b) Class 1b property includes real estate or manufactured
homes used for the purposes of a homestead by
(1) any blind person, if the blind person is the owner
thereof or if the blind person and the blind person's spouse are
the sole owners thereof; or
(2) any person, hereinafter referred to as "veteran," who:
(i) served in the active military or naval service of the
United States; and
(ii) is entitled to compensation under the laws and
regulations of the United States for permanent and total
service-connected disability due to the loss, or loss of use, by
reason of amputation, ankylosis, progressive muscular
dystrophies, or paralysis, of both lower extremities, such as to
preclude motion without the aid of braces, crutches, canes, or a
wheelchair; and
(iii) with assistance by the administration of veterans
affairs has acquired a special housing unit with special
fixtures or movable facilities made necessary by the nature of
the veteran's disability, or the surviving spouse of the
deceased veteran for as long as the surviving spouse retains the
special housing unit as a homestead; or
(3) any person who:
(i) is permanently and totally disabled and
(ii) receives 90 percent or more of total income from
(A) aid from any state as a result of that disability; or
(B) supplemental security income for the disabled; or
(C) workers' compensation based on a finding of total and
permanent disability; or
(D) social security disability, including the amount of a
disability insurance benefit which is converted to an old age
insurance benefit and any subsequent cost of living increases;
or
(E) aid under the Federal Railroad Retirement Act of 1937,
United States Code Annotated, title 45, section 228b(a)5; or
(F) a pension from any local government retirement fund
located in the state of Minnesota as a result of that disability.
Property is classified and assessed pursuant to clause (1)
only if the commissioner of human services jobs and training
certifies to the assessor that the owner of the property
satisfies the requirements of this subdivision. The
commissioner of human services jobs and training shall provide a
copy of the certification to the commissioner of revenue.
Class 1b property is valued and assessed as follows: in
the case of agricultural land, including a manufactured home,
used for a homestead, the first $32,000 of market value shall be
valued and assessed at five percent, the next $32,000 of market
value shall be valued and assessed at 14 percent, and the
remaining market value shall be valued and assessed at 18
percent; and in the case of all other real estate and
manufactured homes, the first $32,000 of market value shall be
valued and assessed at five percent, the next $32,000 of market
value shall be valued and assessed at 18 percent, and the
remaining market value shall be valued and assessed at 28
percent. In the case of agricultural land including a
manufactured home used for purposes of a homestead, the
commissioner of revenue shall adjust, as provided in section
273.1311, the maximum amount of the market value of the
homestead brackets subject to the five percent and 18 percent
rates; and for all other real estate and manufactured homes, the
commissioner of revenue shall adjust, as provided in section
273.1311, the maximum amount of the market value of the
homestead brackets subject to the five percent and 18 percent
rates. Permanently and totally disabled for the purpose of this
subdivision means a condition which is permanent in nature and
totally incapacitates the person from working at an occupation
which brings the person an income.
(c) Class 1c property is commercial use real property that
abuts a lakeshore line and is devoted to temporary and seasonal
residential occupancy for recreational purposes but not devoted
to commercial purposes for more than 200 days in the year
preceding the year of assessment, and that includes a portion
used as a homestead by the owner. It must be assessed at 12
percent of market value with the following limitation: the area
of the property must not exceed 100 feet of lakeshore footage
for each cabin or campsite located on the property up to a total
of 800 feet and 500 feet in depth, measured away from the
lakeshore.
(d) The tax to be paid on class 1a or class 1b property,
less any reduction received pursuant to sections 273.123 and
473H.10, shall be reduced by 54 percent of the tax imposed on
the first $68,000 of market value. The amount of the reduction
shall not exceed $700.
Sec. 26. Minnesota Statutes 1986, section 275.125,
subdivision 11c, is amended to read:
Subd. 11c. [HAZARDOUS SUBSTANCE CAPITAL EXPENDITURE LEVY.]
In addition to the levy authorized in subdivisions subdivision
11a and 11b, each year a school district may levy an amount not
to exceed the amount equal to $25 times the total pupil units in
the year to which the levy is attributable. No levy under this
subdivision shall exceed two mills times the adjusted assessed
valuation of the property in the district for the preceding
year. The proceeds of the tax shall be placed in the district's
capital expenditure fund and may be used only for expenditures
necessary for the removal or encapsulation of asbestos from
school buildings or property, asbestos related repairs, cleanup
and disposal of polychlorinated biphenyls found in school
buildings or property, or the cleanup, removal, disposal, and
repairs related to storing transportation fuels such as alcohol,
gasoline, fuel oil, and special fuel, as defined in section
296.01.
Sec. 27. Minnesota Statutes 1986, section 290.01,
subdivision 20b, is amended to read:
Subd. 20b. [MODIFICATIONS REDUCING FEDERAL ADJUSTED GROSS
INCOME.] There shall be subtracted from federal adjusted gross
income:
(1) interest income on obligations of any authority,
commission or instrumentality of the United States to the extent
includable in gross income for federal income tax purposes but
exempt from state income tax under the laws of the United States;
(2) the portion of any gain, from the sale or other
disposition of property having a higher adjusted basis for
Minnesota income tax purposes than for federal income tax
purposes, that does not exceed such difference in basis; but if
such gain is considered a long-term capital gain for federal
income tax purposes, the modification shall be limited to 40 per
centum of the portion of the gain;
(3) losses, not otherwise reducing federal adjusted gross
income assignable to Minnesota, arising from events or
transactions which are assignable to Minnesota under the
provisions of sections 290.17 to 290.20, including any capital
loss or net operating loss carryforwards or carrybacks or out of
state loss carryforwards resulting from the losses, and
including any farm loss carryforwards or carrybacks;
(4) if included in federal adjusted gross income, the
amount of any overpayment of income tax to Minnesota, or any
other state, for any previous taxable year, whether the amount
is received as a refund or credited to another taxable year's
income tax liability;
(5) the amount of any distribution from a qualified pension
or profit-sharing plan included in federal adjusted gross income
in the year of receipt to the extent of any contribution not
previously allowed as a deduction by reason of a change in
federal law which was not adopted by Minnesota law for a taxable
year beginning in 1974 or later;
(6) pension income as provided by section 290.08,
subdivision 26;
(7) the first $3,000 of compensation for personal services
in the armed forces of the United States or the United Nations,
and the next $2,000 of compensation for personal services in the
armed forces of the United States or the United Nations wholly
performed outside the state of Minnesota. This modification
does not apply to compensation defined in clause (6);
(8) unemployment compensation to the extent includable in
gross income for federal income tax purposes under section 85 of
the Internal Revenue Code of 1954;
(9) for an estate or trust, the amount of any income or
gain which is not assignable to Minnesota under the provisions
of section 290.17;
(10)(a) income from the business of mining as defined in
section 290.05, subdivision 1, clause (a) which is not subject
to the Minnesota income tax; (b) to the extent included in
computing federal adjusted gross income, expenses and other
items allocable to the business of mining or producing iron ore,
the mining or production of which is subject to the occupation
tax imposed by section 298.01, subdivision 1, shall be allowed
as a subtraction to the extent that the expenses or other items
are included in computing the modifications provided in
subdivision 20a, clause (7) or paragraph (a) of this clause and
to the extent that the expenses or other items are not
deductible, capitalizable, retainable in basis, or taken into
account by allowance or otherwise in computing the occupation
tax. Occupation taxes imposed under chapter 298, royalty taxes
imposed under chapter 299, and depletion expenses may not be
subtracted under this paragraph;
(11) to the extent included in federal adjusted gross
income, distributions from a qualified governmental pension plan
which represent a return of designated employee contributions to
the plan and which contributions were included in gross income
pursuant to Minnesota Statutes 1984, section 290.01, subdivision
20a, clause (18). The provisions of this clause shall apply
before the provisions of clause (6) apply and an amount
subtracted under this clause may not be subtracted under clause
(6); and
(12) to the extent included in federal adjusted gross
income, distributions from an individual retirement account
which represent a return of contributions if the contributions
were included in gross income pursuant to Minnesota Statutes
1984, section 290.01, subdivision 20a, clause (17). The
distribution shall be allocated first to return of contributions
included in gross income until the amount of the contributions
has been exhausted; and
(13) to the extent included in federal adjusted gross
income, income related to disposition of property used in a
family farm business as provided by section 290.08, subdivision
27.
Sec. 28. Minnesota Statutes 1986, section 296.14,
subdivision 4, is amended to read:
Subd. 4. [PAYMENT AND TRANSFER OF TAX ON GASOLINE SOLD FOR
STORAGE IN ON-FARM BULK STORAGE AND ETHYL ALCOHOL FOR PERSONAL
USE.] Notwithstanding the provisions of this section, the
producer of ethyl alcohol which is produced for personal use and
not for sale in the usual course of business and a farmer who
uses gasoline on which a tax has not been paid shall report and
pay the tax on all ethyl alcohol or gasoline delivered into the
supply tank of a licensed motor vehicle during the preceding
calendar year. The tax shall be reported and paid together with
any refund claim filed by the taxpayer under section 296.18. If
no refund claim is filed, the tax shall be reported and paid
annually by March 15 or more frequently, as the commissioner may
prescribe. Any producer, qualifying under this subdivision,
shall be exempt from the licensing requirements contained in
section 296.01 296.06, subdivision 1.
Sec. 29. Minnesota Statutes 1986, section 322A.70, is
amended to read:
322A.70 [REGISTRATION.]
Before transacting business in this state, a foreign
limited partnership shall register with the secretary of state.
In order to register, a foreign limited partnership shall submit
to the secretary of state, in duplicate, an application for
registration as a foreign limited partnership, signed and sworn
to by a general partner and setting forth:
(1) the name of the foreign limited partnership and, if
different, the name under which it proposes to register and
transact business in this state;
(2) the state and date of its formation;
(3) the name and address of any agent for service of
process on the foreign limited partnership whom the foreign
limited partnership elects to appoint; the agent must be an
individual resident of this state, a domestic corporation, or a
foreign corporation having a place of business in, and
authorized to do business in, this state;
(4) a statement that the secretary of state is appointed
the agent of the foreign limited partnership for service of
process if no agent has been appointed under paragraph (4) (3)
or, if appointed, the agent's authority has been revoked or if
the agent cannot be found or served with the exercise of
reasonable diligence;
(5) the address of the office required to be maintained in
the state of its organization by the laws of that state or, if
not so required, of the principal office of the foreign limited
partnership;
(6) the name and business address of each general partner;
and
(7) the address of the office at which is kept a list of
the names and addresses of the limited partners and their
capital contributions, together with an undertaking by the
foreign limited partnership to keep those records until the
foreign limited partnership's registration in this state is
canceled or withdrawn.
Sec. 30. Minnesota Statutes 1986, section 326.03,
subdivision 2, is amended to read:
Subd. 2. Nothing contained in sections 326.02 to 326.15
shall prevent persons from advertising and performing services
such as consultation, investigation, or evaluation in connection
with, or from making plans and specifications for, or from
supervising, the erection, enlargement, or alteration of any of
the following buildings:
(a) Dwellings for single families, and outbuildings in
connection therewith, such as barns and private garages;
(b) Two family dwellings;
(c) Any farm building or accessory thereto; or
(d) Temporary buildings or sheds used exclusively for
construction purposes, not exceeding two stories in height, and
not used for living quarters;
(e) Any public work or public improvement done by a public
body in this state, the cost of which does not exceed $100,000,
provided that plans and specifications for such work or
improvement affecting water supply or waste disposal are
approved by the appropriate state agency; or
(f) Any building, structure, or work, the total cost of
which does not exceed $100,000.
Sec. 31. Minnesota Statutes 1986, section 326.06, is
amended to read:
326.06 [GENERAL POWERS AND DUTIES OF BOARD.]
Each member of the board shall receive a certificate of
appointment from the governor, and, before beginning a term of
office, shall file with the secretary of state the
constitutional oath of office. The board shall adopt and have
an official seal, which shall be affixed to all licenses
granted; shall make all rules, not inconsistent with law, needed
in performing its duties; and shall fix standards for
determining the qualifications of applicants for certificates,
which shall not exceed the requirements contained in the
curriculum of a recognized school of architecture, landscape
architecture or engineering. The board shall make rules to
define classes of buildings with respect to which persons
performing services described in section 326.03, subdivision 2,
may be exempted from the provisions of sections 326.02 to
326.15, by a finding of no probable risk to life, health,
property or public welfare. These rules shall be promulgated on
or before July 1, 1979. Upon the adoption of these rules,
section 326.03, subdivision 2, clauses (e) and (f), are
superseded and of no effect.
Sec. 32. Minnesota Statutes 1986, section 327C.07,
subdivision 3a, is amended to read:
Subd. 3a. [SAFETY FEATURE DISCLOSURE FORM.] A resident or
a resident's agent shall disclose information about safety
features of the home to the prospective buyer. The information
must be given to the buyer before the sale, in writing, in the
following form:
This form is required by law to be filled out and given to
the prospective buyer of any used manufactured home by all
private parties, dealers, and brokers.
This home has at least one egress window in each bedroom,
or a window in each bedroom that meets the specifications of the
American National Standard Institute 1972 Standard A119.1
covering manufactured homes made in Minnesota. This standard
requires that the window be at least 22 inches in least
dimension, and at least five square feet in area, and that the
window be not more than four feet off the floor. Egress windows
installed in compliance with the United States Department of
Housing and Urban Development Manufactured Home Standards or the
State Building Code are deemed to meet the requirements of this
section.
Yes ..... No .....
This home has ...... (number) of exits. They are located
................................... .
This home is equipped with fire extinguishers as required
by the Minnesota state health department.
Yes ..... No .....
They are located ......................................
.......................................................
This home is equipped with at least one listed automatic
smoke detector outside each sleeping area as required in homes
built in accordance with the state building code.
Yes ..... No .....
This home has aluminum electrical wiring.
Yes ..... No .....
Aluminum electrical wiring can present a fire hazard in
homes. The special hazards presented by aluminum electrical
wiring can be eliminated by certain repairs, as recommended by
the United States Consumer Product Safety Commission.
A. The wiring connections to the outlets in this home have
been crimped, and the connection point is now copper.
Yes ..... No .....
B. This home has electrical outlets and switches
compatible with aluminum electrical wiring.
Yes ..... No .....
C. Other action has been taken to eliminate or reduce the
danger caused by aluminum electrical wiring in this home.
(Describe)
..........................................................
.......................................................... (The
buyer may check the effectiveness of these methods by contacting
the United States Consumer Product Safety Commission.)
The furnace compartment in this home is lined with gypsum
board, as specified in the 1976 United States Department of
Housing and Urban Development codes governing manufactured
housing construction.
Yes ..... No .....
The water heater enclosure in this home is lined with
gypsum board, as specified in the 1976 United States Department
of Housing and Urban Development codes governing manufactured
housing construction.
Yes ..... No .....
This home contains a solid fuel burning stove. This stove
was installed by the manufacturer of the home after June 15,
1976, and was inspected for compliance with the United States
Department of Housing and Urban Development Manufactured Home
Standards.
Yes ..... No .....
This home contains a solid fuel burning stove. This stove
unit is approved for installation in manufactured homes. It was
installed by ......................... in accordance with the
manufacturer's guidelines. A building permit for this stove was
issued by the city of ...................., and this stove
installation has been approved by the building official.
Yes ..... No .....
This home contains a solid fuel burning fireplace. The
fireplace was installed by the manufacturer of the home after
June 15, 1976, and was inspected for compliance with the United
States Department of Housing and Urban Development Manufactured
Home Standards.
Yes ..... No .....
This home contains a solid fuel burning fireplace. This
fireplace unit is approved for installation in manufactured
homes. It was installed by ......................... in
accordance with the manufacturer's guidelines. A building
permit for this fireplace was issued by the city of
...................., and this fireplace installation has been
approved by the building official.
Yes ..... No .....
This home is supported by a support system, as required by
state code since September 1, 1974.
Yes ..... No .....
It is also recommended that the buyer check the home's heat
tape. Old and worn heat tape, and improper installation of heat
tape, can cause a fire hazard.
It is recommended that the buyer have a qualified utility
representative check the furnace and water heater to see that
they are both in good working order. If this home was converted
from oil to natural gas heat, there could be safety problems if
the conversion was not done correctly. A utility representative
or building official can inspect the condition and installation
of this equipment. They may charge a reasonable fee to do so.
It is also recommended that the buyer check the floor area
around the water heater and furnace compartments. A weakened
floor can create a fire hazard.
It is also recommended that the buyer have a utility
approved energy audit of the home.
If you purchase the home, you will be required to install
egress windows within one year and smoke detectors and fire
extinguishers within 30 days. You will be required to comply
with all of the safety features contained in this form within
three years.
I, .........................., the undersigned, hereby
declare that the above information is true and correct to the
best of my knowledge.
..........................
Signature
..........................
Date
A park owner shall provide a resident or a resident's agent
with a copy of the safety feature disclosure form upon request.
Sec. 33. Minnesota Statutes 1986, section 349.2121,
subdivision 3, is amended to read:
Subd. 3. [SUSPENSION, REVOCATION.] The commissioner, after
notice and hearing, may for reasonable cause revoke or suspend a
permit held by a distributor. A notice must be sent to the
distributor at least 30 days before the hearing and give notice
of the time and place of the hearing, must give the reason for
the proposed suspension or revocation, and must require the
distributor to show cause why the proposed action should not be
taken. The notice may be served personally or by mail in the
manner prescribed for service of notice of a deficiency. The
commissioner may not issue a new permit after revocation except
upon application accompanied by reasonable evidence of the
intention of the applicant to comply with all applicable laws
and rules.
Sec. 34. Minnesota Statutes 1986, section 354.05,
subdivision 2, is amended to read:
Subd. 2. [TEACHER.] "Teacher" includes any person who
renders service as a teacher, supervisor, principal,
superintendent, or librarian in the public schools of the state
located outside of the corporate limits of the cities of the
first class as those cities were so classified on January 1,
1979, or in the state universities, or in any charitable or
state institution including penal and corrective institutions
supported, in whole or in part, by public funds, or who is
engaged in educational administration in connection with the
state public school system, including the state university
system and state community college system, but excluding the
University of Minnesota, whether the position be a public office
or an employment, not including members of any general governing
or managing board or body connected with the systems, or the
officers of common, independent, special, or associated school
districts, or unorganized territory. The term shall also
include an employee of the teachers retirement association
unless the employee is covered by the Minnesota state retirement
system by virtue of prior employment by the association, and any
nurse, counselor, social worker, therapist or psychologist who
renders service in the public schools as defined above or in
state universities. The term shall also include any person who
renders teaching service on a part-time basis and who also
renders other services for a school district. In such cases,
the teachers retirement association shall have the authority to
determine whether all or none of the combined employment shall
be covered by the teachers retirement association. The term
does not include an employee described in section 352D.02,
subdivision 1a, clause (1), who is hired after the effective
date of Laws 1986, chapter 458. The term does not mean any
person who works for a school or institution as an independent
contractor. The term shall not include any person employed in
subsidized on-the-job training, work experience or public
service employment as an enrollee under the federal
Comprehensive Employment and Training Act from and after March
30, 1978, unless the person has as of the later of March 30,
1978 or the date of employment sufficient service credit in the
retirement fund to meet the minimum vesting requirements for a
deferred retirement annuity, or the employer agrees in writing
on forms prescribed by the executive director to make the
required employer contributions, including any employer
additional contributions, on account of that person from revenue
sources other than funds provided under the federal
Comprehensive Training and Employment Act, or the person agrees
in writing on forms prescribed by the executive director to make
the required employer contribution in addition to the required
employee contribution. The term shall not include any person
holding a part-time adult supplementary vocational technical
school license who renders part-time teaching service in a
vocational technical school if (1) the service is incidental to
the regular nonteaching occupation of the person; and (2) the
applicable vocational technical school stipulates annually in
advance that the part-time teaching service will not exceed 300
hours in a fiscal year; and (3) the part-time teaching service
actually does not exceed 300 hours in a fiscal year. The term
also shall not include a person exempt from licensure pursuant
to section 125.031 or any person who was excluded from
membership prior to January 1, 1981 pursuant to Laws 1978,
chapter 556, section 1 and Laws 1980, chapter 342, section 8, if
the person annually certifies on a form prescribed by the
executive director that the person has established and is
contributing to an individual retirement account which is based
on nonteaching employment.
Sec. 35. Minnesota Statutes 1986, section 366.095,
subdivision 1, is amended to read:
366.095 [AUTHORITY TO ISSUE CERTIFICATES OF INDEBTEDNESS.]
Subdivision 1. [CERTIFICATES OF INDEBTEDNESS.] The town
board may issue certificates of indebtedness within the existing
debt limits for a town purpose otherwise authorized by law. The
certificates shall be payable in not more than five years and
shall be issued on the terms and in the manner as the board may
determine. If the amount of the certificates to be issued to
finance the purchase exceeds one percent of the assessed
valuation of the town, excluding money and credits, they shall
not be issued for at least ten days after publication in a
newspaper of general circulation in the town of the board's
resolution determining to issue them; and if before the end of
that time, a petition asking for an election on the proposition
signed by voters equal to ten percent of the number of voters at
the last regular town election is filed with the clerk, the
certificates shall not be issued until the proposition of their
issuance has been approved by a majority of the votes cast on
the question at a regular or special election. A tax levy shall
be made for the payment of the principal and interest on the
certificates as in the case of bonds.
Sec. 36. Minnesota Statutes 1986, section 378.43,
subdivision 1, is amended to read:
Subdivision 1. [PETITION.]
(a) A lake improvement district may be initiated by a
petition to the county board. The petition must state:
(1) the name of the proposed lake improvement district;
(2) the necessity of the proposed district to promote
public health or public welfare;
(3) the benefits to property from the establishment of the
lake improvement district;
(4) the boundaries of the proposed district which shall be
encouraged to be as consistent as possible with natural
hydrologic boundaries;
(5) a map of the proposed district;
(6) the number, from five to nine, of directors proposed
for the district; and
(7) a request for establishing the district as proposed.
(b) A petition must be signed by 26 percent of the property
owners within the proposed lake improvement district described
in the petition. Governmental subdivisions, other than the
state or federal governments, owning lands within the proposed
district are eligible to sign the petition.
(c) The petition must be filed with the county auditor and
addressed to the board requesting the board to establish of a
lake improvement district to develop and provide a program of
water and related land resources management.
(d) The county board shall, at least 30 days before it acts
on a petition, send the town board of a town wholly or partially
within the boundaries of a proposed district a copy of the
petition submitted under this subdivision and encourage the town
board to respond to the proposed creation of the district.
Sec. 37. Minnesota Statutes 1986, section 383A.404,
subdivision 7, is amended to read:
Subd. 7. [SALARIES PAYABLE OUT OF RAMSEY COUNTY TREASURY.]
All annual salaries for the second judicial district court
services community corrections department shall be payable out
of the Ramsey county treasury.
Sec. 38. Minnesota Statutes 1986, section 453.53,
subdivision 3, is amended to read:
Subd. 3. The initial board of directors of the municipal
power agency, unless otherwise provided by the agency agreement,
shall be elected prior to the filing of the agreement by a
majority vote of the persons acting as representatives of the
member cities, from among their member members. After
commencement of existence, the first meeting of the board of
directors shall be held at the call of the directors, after
notice, for the purpose of adopting the initial bylaws, electing
officers, and for any other business that comes before the
meeting.
Sec. 39. Minnesota Statutes 1986, section 462A.20,
subdivision 3, is amended to read:
Subd. 3. Whenever any money are is appropriated by the
state to the agency solely for a specified purpose or purposes,
the agency shall establish a separate bookkeeping account or
accounts in the housing development fund to record the receipt
and disbursement of such money and of the income, gain, and loss
from the investment and reinvestment thereof. The agency may
transfer unencumbered balances from one appropriated account to
another, provided that no money appropriated for the purpose of
agency loan programs may be transferred to an account to be used
for making grants, except that money appropriated for the
purpose of section 462A.05, subdivision 14a, may be transferred
for the purpose of section 462A.05, subdivision 15a.
Sec. 40. Minnesota Statutes 1986, section 462C.04,
subdivision 2, is amended to read:
Subd. 2. A public hearing shall be held on each program
after one publication of notice in a newspaper circulating
generally in the city, at least 15 days before the hearing. On
or before the day on which notice of the public hearing is
published, the city shall submit the program to the metropolitan
council, if the city is located in the metropolitan area as
defined in section 473.121, subdivision 2, or to the regional
development commission for the area in which the city is
located, if any, for review and comment. The appropriate
reviewing agency shall comment on:
(a) whether the program is consistent with the housing plan
of the city; and
(b) whether the program is consistent with the metropolitan
development guide, if the city is located in the metropolitan
area, or adopted policies of the regional development commission.
Review of the program may be conducted either by the board
of the reviewing agency or by the staff of the agency. Any
comment submitted by the reviewing agency to the city must be
presented to the body considering the proposed program at the
public hearing held on the program.
A member or employee of the reviewing agency shall be
permitted to present the comments of the reviewing agency at the
public hearing. After conducting the public hearing, the
program may be adopted with or without amendment, provided that
any amendments must not be inconsistent with the comments, if
any, of the reviewing agency and must not contain any material
changes from the program submitted to the reviewing agency other
than changes in the financial aspects of any proposed issue of
bonds or obligations. If any material change other than a
change in the financial aspects of a proposed issue of bonds or
obligations, or any change which is inconsistent with the
comments of the reviewing agency is adopted, the amended program
shall be resubmitted to the appropriate reviewing agency for
review and comment, and a public hearing shall be held on the
amended program after one publication of notice in a newspaper
circulating generally in the city at least 15 days before the
hearing. The amended program shall be considered after the
public hearing in the same manner as consideration of the
initial program. Each program shall be submitted to the
Minnesota housing finance agency for review. The agency shall
reject any program that:
(a) does not comply with statewide housing policies;
(b) if implemented will cause a material adverse effect on
financing programs of the agency, will subject the interest on
future bonds of the agency to federal income tax under any
limitations imposed at the time by federal law;
(c) provides for administrative and bond issuance costs
that are unreasonable; or
(d) does not comply with all other requirements of sections
462C.01 to 462C.08.
The agency shall have 30 days from submission to complete
its review and reject a program. Submission shall be the date
on which a complete document describing the program is submitted
to the agency. If the agency rejects a program it shall
communicate the fact of that rejection, in writing, to the
city with within 15 days of the rejection. If the agency fails
to reject a program within 30 days of submission, or fails to
communicate a rejection, in writing, to the city within 15 days
of the rejection, then the agency is precluded from rejecting
the program. For purposes of sections 462C.01 to 462C.08, the
agency's failure to reject a program is considered an approval
of the program. The agency may collect reasonable fees and
charges in connection with its review of a city's housing
program. The fees and charges shall be limited to the amounts
required to pay the actual costs to the agency.
The Minnesota housing finance agency, in cooperation with
the metropolitan council and the regional development
commissions, shall report annually to the legislature on the
number and amounts of bond issues and the number of housing
programs established pursuant to sections 462C.01 to 462C.08.
Sec. 41. Minnesota Statutes 1986, section 462C.12,
subdivision 2, is amended to read:
Subd. 2. [POWERS.] The board is granted the following
powers:
(a) The board may issue obligations and other forms of
indebtedness under this section, subject to the terms and
conditions set forth in the joint powers agreement, as may be
from time to time amended.
(b) The board is authorized to exercise the powers
conferred upon the cities of Minneapolis and St. Paul and their
designated housing and redevelopment authorities, or the powers
of an agency exercising the powers of a housing and
redevelopment authority by this chapter and chapter 462 and any
other general or special law of the state of Minnesota relating
to housing or housing finance. The powers which may be
exercised by the board include, without limitation, the power to
undertake and implement projects, developments, or programs, the
power to issue and sell obligations and other forms of
indebtedness payable exclusively from the revenues of the
programs, projects, or developments undertaken by the board, or
any of the powers the Minnesota housing finance agency may
exercise under chapter 462A, provided that the obligations and
other forms of indebtedness may be sold upon terms and
conditions as the board may from time to time determine. The
board may exercise the powers conferred by this section only
with respect to projects, programs, or developments within the
corporate limits of the cities of Minneapolis and St. Paul,
except as may be otherwise provided in a joint powers agreement
entered into under section 471.59 between the board and any
other city, housing and redevelopment authority, port authority
or economic development authority established under sections
458C.01 to 458C.23 in the state of Minnesota.
(c) For the purposes of section 462C.09 474A.07, the board
may be authorized by the cities of Minneapolis and St. Paul, or
by any other city with which the board enters into a joint
powers agreement, to issue revenue bonds or obligations in an
amount not to exceed the amount of bonds allocated by general or
special law to such cities, or the board may issue mortgage
credit certificates in lieu thereof.
Sec. 42. Minnesota Statutes 1986, section 471.993,
subdivision 1, is amended to read:
Subdivision 1. [ASSURANCE OF REASONABLE RELATIONSHIP.] In
preparing management negotiation positions for compensation
established through collective bargaining under chapter 179 179A
and in establishing, recommending, and approving compensation
plans for employees of political subdivisions not represented by
an exclusive representative under chapter 179 179A, the
respective political subdivision as the public employer, as
defined in section 179.63, subdivision 4 179A.03, subdivision
15, or, where appropriate, the Minnesota merit system, shall
assure that:
(1) compensation for positions in the classified civil
service, unclassified civil service, and management bear
reasonable relationship to one another;
(2) compensation for positions bear reasonable relationship
to similar positions outside of that particular political
subdivision's employment; and
(3) compensation for positions within the employer's work
force bear reasonable relationship among related job classes and
among various levels within the same occupational group.
Sec. 43. Minnesota Statutes 1986, section 471A.03,
subdivision 2, is amended to read:
Subd. 2. [SERVICE CONTRACT.] Subject to the provisions of
section 471A.09 471A.08, a municipality may enter into a service
contract for a term of not more than 30 years. However, the
service contract may permit the municipality to either extend or
renew the term of the service contract so long as the
municipality is not bound under the service contract for an
extended or renewal period of more than 30 years. Under the
service contract the municipality may, under terms and
conditions agreed to by the municipality and the private vendor:
(1) obligate itself to pay or cause to be paid a service
fee for the availability and use of the capital intensive public
services to be furnished under the service contract;
(2) enter into other agreements relating to the service to
be provided and which the municipality considers appropriate
that are not otherwise contrary to law; and
(3) either pledge its full faith and credit or obligate a
specific source of payment for the payment of the service fee
and the performance of other obligations under the service
contract and the payment of damages for failure to perform the
obligations.
The obligation of the municipality to pay the service fee
and perform any other permitted obligations under the service
contract are not considered a debt within the meaning of any
statutory or charter limitation, and no election is required as
a precondition to the municipality entering into any permitted
obligation or undertaking a project under a service contract.
Sec. 44. Minnesota Statutes 1986, section 474A.09, is
amended to read:
474A.09 [ALLOCATION OF STATE ENTITLEMENTS UNDER FEDERAL
VOLUME LIMITATION ACT.]
The amount allocated to the department of finance under
section 474A.08, subdivision 1, clause (1), may be allocated or
reallocated by the commissioner of the department of finance
internally among state issuers at any one time or from time to
time during the calendar year, provided that 11.5 percent of the
entitlement allocation is allocated to the iron range resources
and rehabilitation commissioner. Upon the request of a
statutory city located in the taconite tax relief area that
received an entitlement allocation under Minnesota Statutes
1984, section 474.18, of $5,000,000 or more for calendar year
1985, the iron range resources and rehabilitation commissioner
shall enter into an agreement with the city whereby the
commissioner issues obligations on behalf of the city, in an
amount requested by the city but not to exceed 17 percent of the
amount allocated to the commissioner under this subdivision
section.
Sec. 45. Minnesota Statutes 1986, section 604.06, is
amended to read:
604.06 [FIREMAN'S RULE.]
The common law doctrine known as the fireman's rule shall
not operate to deny any peace officer, as defined in section
626.84, subdivision 1, clause (c), or section 352E.01 176B.01,
subdivision 2, a recovery in any action at law or authorized by
statute.
Sec. 46. Minnesota Statutes 1986, section 609.53,
subdivision 1, is amended to read:
Subdivision 1. [PENALTY.] Any person who receives,
possesses, transfers, buys or conceals any stolen property or
property obtained by robbery, knowing or having reason to know
the property was stolen or obtained by robbery, may be sentenced
as follows:
(1) If the value of the property is $1,000 or more, to
imprisonment for not more than ten years or to payment of a fine
of not more than $20,000, or both;
(2) If the value of the property is less than $1,000, but
more than $300, to imprisonment for not more than five years or
to payment of a fine of not more than $10,000, or both;
(3) If the value of the property is $300 or less, to
imprisonment for not more than 90 days or to payment of a fine
of not less more than $700, or both;
(4) Notwithstanding the value of the property, if the
property is a firearm, to imprisonment for not more than five
years or to payment of a fine of not more than $10,000, or both.
Sec. 47. Minnesota Statutes 1986, section 609.53,
subdivision 1a, is amended to read:
Subd. 1a. [PENALTY.] Any precious metal dealer as defined
in section 325F.731, subdivision 2, or any person employed by a
precious metal dealer as defined in section 325F.731,
subdivision 2, who receives, possesses, transfers, buys or
conceals any stolen property or property obtained by robbery,
knowing or having reason to know the property was stolen or
obtained by robbery, may be sentenced as follows:
(1) If the value of the property received, bought or
concealed is $1,000 or more, to imprisonment for not more than
ten years or to payment of a fine of not more than $50,000, or
both;
(2) If the value of the property received, bought or
concealed is less than $1,000 but more than $300, to
imprisonment for not more than five years or to payment of a
fine of not more than $40,000, or both;
(3) If the value of the property received, bought, or
concealed is $300 or less, to imprisonment for not more than 90
days or to payment of a fine of not less more than $700, or both.
Sec. 48. Minnesota Statutes 1986, section 645.02, is
amended to read:
645.02 [EFFECTIVE DATE AND TIME OF LAWS.]
Each act, except one making appropriations, enacted finally
at any session of the legislature takes effect on August 1 next
following its final enactment, unless a different date is
specified in the act. A special law required to be approved by
the local government unit affected before it goes into effect
becomes effective as to the approving unit the day following the
day on which the certificate of approval prescribed by section
645.021, subdivision 1, is filed with the secretary of state,
unless a later date is specified in the act. When approval of
such a special law is required by two or more local government
units before it may become effective, the day after the day when
the last of the required certificates is filed is the effective
date, unless a later date is specified in the act.
An appropriation act or an act having appropriation items
enacted finally at any session of the legislature takes effect
at the beginning of the first day of July next following its
final enactment, unless a different date is specified in the act.
Each act takes effect at 12:01 a.m. on the day it becomes
effective, unless a different time is specified in the act.
Sec. 49. [REVISOR'S INSTRUCTION.]
In the next and subsequent editions of Minnesota Statutes,
the revisor shall change the names of the state-operated
hospitals referred to in column A to the names designated in
column B.
Column A Column B
Anoka State Hospital Anoka-Metro Regional
Treatment Center
Brainerd State Hospital Brainerd Regional
Human Services Center
Cambridge State Hospital Cambridge Regional Human
Services Center
Faribault State Hospital Faribault Regional Center
Fergus Falls State Hospital Fergus Falls Regional
Treatment Center
Moose Lake State Hospital Moose Lake Regional
Treatment Center
St. Peter State Hospital St. Peter Regional
Treatment Center
Willmar State Hospital Willmar Regional
Treatment Center
Sec. 50. Laws 1982, chapter 523, article 30, section 4,
subdivision 1, is amended to read:
Sec. 4. [INDEPENDENT SCHOOL DISTRICT 710.]
Subdivision 1. Commencing with taxes payable in 1983, the
commissioner of revenue shall deduct and annually pay to
Independent School District 710 an amount equal to four cents
per gross ton of taxable iron concentrate produced but not less
than $240,000 annually from the taxes paid pursuant to sections
298.23 to 298.28 by a person, corporation, partnership,
operator, joint venture or other owner of a taconite plant and
taconite properties located within the school district. The
deduction shall be made from the amount which would otherwise
have been distributed to the northeast Minnesota economic
protection fund in the apportionment fund in the state treasury
under section 298.28, subdivision 1 subdivisions 2 to 12. A sum
is annually appropriated to the commissioner from the proceeds
of the taxes sufficient to make the payments required by this
section.
Sec. 51. Laws 1986, chapter 399, article 1, section 17, is
amended to read:
Sec. 17. [EXCLUSION FROM PETITION REQUIREMENTS AND VETO
POWER.]
The petition requirement of section 15 and the right of
owners and those subject to a service charge to veto a
resolution in section 20 16 do not apply to second or subsequent
years' applications of a tax or service charge which is
authorized to be in effect for more than one year pursuant to a
resolution which has met the petition requirements of section 15
and which has not been vetoed under section 20 for the first
year's application. A resolution levying a tax or imposing a
service charge for more than one year shall not be adopted
unless the notice of public hearing required by section 10 and
the notice mailed with the adopted resolution pursuant to
section 16 include the following information:
(a) In the case of improvements, the maximum rate or amount
of taxes to be levied or the maximum service charge to be
imposed in any year and the maximum number of years the taxes
will be levied or service charges imposed to pay for the
improvement.
(b) In the case of operating and maintenance services, the
maximum rate or amount of taxes to be levied or the maximum
service charge to be imposed in any year and the maximum number
of years, or a statement that the tax will be imposed for an
indefinite number of years, the taxes will be levied or service
charges imposed to pay for operation and maintenance services.
The resolution may provide that the maximum amount of tax
to be levied or maximum service charge to be imposed in any year
will increase or decrease from the maximum amount authorized in
the preceding year based on an indicator of increased cost or a
percentage amount established by the resolution.
Sec. 52. Laws 1986, chapter 463, section 3, is repealed.
Sec. 53. Laws 1986, First Special Session chapter 3,
article 1, section 84, is repealed.
Sec. 54. Minnesota Statutes 1986, section 176.011,
subdivision 9, is amended to read:
Subd. 9. [EMPLOYEE.] "Employee" means any person who
performs services for another for hire including the following:
(1) an alien;
(2) a minor;
(3) a sheriff, deputy sheriff, constable, marshal, police
officer, firefighter, county highway engineer, and peace officer
while engaged in the enforcement of peace or in the pursuit or
capture of any a person charged with or suspected of crime and
any;
a person requested or commanded to aid an officer in
arresting any person, or in retaking any a person who has
escaped from lawful custody, or in executing any legal process,
in which case cases, for purposes of calculating
compensation payable under this chapter, the daily wage of the
person requested or commanded to assist an officer or to execute
a legal process shall be the prevailing wage for similar
services where the services are performed by paid employees;
(4) a county assessor;
(5) an elected or appointed official of the state, or
of any a county, city, town, school district or governmental
subdivision in it the state. An officer of a political
subdivision elected or appointed for a regular term of office,
or to complete the unexpired portion of a regular term, shall be
included only after the governing body of the political
subdivision has adopted an ordinance or resolution to that
effect;
(6) an executive officer of a corporation, except an
officer of a family farm corporation as defined in section
500.24, subdivision 1, clause (c), or an executive officer of a
closely held corporation who is referred to in section 176.012;
(7) a voluntary uncompensated worker, other than an inmate,
rendering services in state institutions under the commissioner
commissioners of human services and state institutions under the
commissioner of corrections similar to those of officers and
employees of these the institutions, and whose services have
been accepted or contracted for by the commissioner of human
services or the commissioner of corrections as authorized by
law, shall be employees. In the event of injury or death of the
voluntary uncompensated worker, the daily wage of the worker,
for the purpose of calculating compensation payable under this
chapter, shall be the usual going wage paid at the time of the
injury or death for similar services in institutions where the
services are performed by paid employees;
(8) a voluntary uncompensated worker engaged in peace time
in the civil defense program when ordered to training or other
duty by the state or any political subdivision of it, shall be
an employee. The daily wage of the worker, for the purpose of
calculating compensation payable under this chapter, shall be
the usual going wage paid at the time of the injury or death for
similar services where the services are performed by paid
employees;
(9) a voluntary uncompensated worker participating in a
program established by a county welfare board shall be an
employee. In the event of injury or death of the voluntary
uncompensated worker, the wage of the worker, for the purpose of
calculating compensation payable under this chapter, shall be
the usual going wage paid in the county at the time of the
injury or death for similar services where the services are
performed by paid employees working a normal day and week;
(10) a voluntary uncompensated worker accepted by the
commissioner of natural resources who is rendering services as a
volunteer pursuant to section 84.089 shall be an employee. The
daily wage of the worker for the purpose of calculating
compensation payable under this chapter, shall be the usual
going wage paid at the time of injury or death for similar
services where the services are performed by paid employees;
(11) a member of the military forces, as defined in section
190.05, while in state active service, as defined in section
190.05, subdivision 5a. The daily wage of the member for the
purpose of calculating compensation payable under this chapter
shall be based on the member's usual earnings in civil life. If
there is no evidence of previous occupation or earning, the
trier of fact shall consider the member's earnings as a member
of the military forces;
(12) a voluntary uncompensated worker, accepted by the
director of the Minnesota historical society, rendering services
as a volunteer, pursuant to chapter 138, shall be an employee.
The daily wage of the worker, for the purposes of calculating
compensation payable under this chapter, shall be the usual
going wage paid at the time of injury or death for similar
services where the services are performed by paid employees;
(13) a voluntary uncompensated worker, other than a
student, who renders services at the Minnesota School state
academy for the deaf or the Minnesota Braille and Sight-Saving
School state academy for the blind, and whose services have been
accepted or contracted for by the state board of education, as
authorized by law, shall be an employee. In the event of injury
or death of the voluntary uncompensated worker, the daily wage
of the worker, for the purpose of calculating
compensation payable under this chapter, shall be the usual
going wage paid at the time of the injury or death for similar
services performed in institutions where the services are
performed by paid employees;
(14) a voluntary uncompensated worker, other than a
resident of the veterans home, who renders services at a
Minnesota veterans home, and whose services have been accepted
or contracted for by the commissioner of veterans affairs, as
authorized by law, is an employee. In the event of injury or
death of the voluntary uncompensated worker, the daily wage of
the worker, for the purpose of calculating compensation payable
under this chapter, shall be the usual going wage paid at the
time of the injury or death for similar services performed in
institutions where the services are performed by paid employees;
(15) a worker who renders in-home attendant care services
to a physically handicapped person, and who is paid directly by
the commissioner of human services for these services, shall be
an employee of the state within the meaning of this subdivision,
but for no other purpose;
(16) those students enrolled in and regularly attending the
medical school of the University of Minnesota, whether in the
graduate school program or the post-graduate program,
notwithstanding that. The students shall not be considered
employees for any other purpose. In the event of the student's
injury or death, the weekly wage of the student for the purpose
of calculating compensation payable under this chapter, shall be
the annualized educational stipend awarded to the student,
divided by 52 weeks. The institution in which the student is
enrolled shall be considered the "employer" for the limited
purpose of determining responsibility for paying
benefits payable under this chapter;
(17) a faculty member of the University of Minnesota
employed for the current an academic year is also an employee
for the period between that academic year and the succeeding
academic year if:
(a) the faculty member has a contract or reasonable
assurance of a contract from the University of Minnesota for the
succeeding academic year; and
(b) the personal injury for which compensation is sought
arises out of and in the course of activities related to the
faculty member's employment by the University of Minnesota; and
(18) a worker who performs volunteer ambulance driver or
attendant services is an employee of the political subdivision,
nonprofit hospital, nonprofit corporation, or other entity for
which the worker performs the services. The daily wage of the
worker for the purpose of calculating compensation payable under
this chapter is shall be the usual going wage paid at the time
of injury or death for similar services if the services are
performed by paid employees; and
(19) a voluntary uncompensated worker, accepted by the
commissioner of administration, rendering services as a
volunteer at the department of administration. In the event of
injury or death of the voluntary uncompensated worker, the daily
wage of the worker, for the purpose of calculating
compensation payable under this chapter, shall be the usual
going wage paid at the time of the injury or death for similar
services performed in institutions where the services were
performed by paid employees.
In the event If it is difficult to determine the daily wage
as provided in this subdivision, then the trier of fact may
determine the wage upon which the compensation is payable.
Sec. 55. [INSTRUCTION TO REVISOR.]
In the next edition of Minnesota Statutes, the revisor
shall substitute "Minnesota state academy for the blind" and
"Minnesota state academy for the deaf" for the former names of
those institutions whenever they appear.
Sec. 56. Minnesota Statutes 1986, section 282.08, is
amended to read:
282.08 [APPORTIONMENT OF PROCEEDS.]
The net proceeds from the sale or rental of any parcel of
forfeited land, or from the sale of any products therefrom,
shall be apportioned by the county auditor to the taxing
districts interested therein, as follows:
(1) Such portion as may be required to pay any amounts
included in the appraised value under section 282.01,
subdivision 3, as representing increased value due to any public
improvement made after forfeiture of such parcel to the state,
but not exceeding the amount certified by the clerk of the
municipality, shall be apportioned to the municipal subdivision
entitled thereto;
(2) Such portion of the remainder as may be required to
discharge any special assessment chargeable against such parcel
for drainage or other purpose whether due or deferred at the
time of forfeiture, shall be apportioned to the municipal
subdivision entitled thereto; and
(3) Any balance shall be apportioned as follows:
(a) Any county board may annually by resolution set aside
no more than 30 percent of the receipts remaining to be used for
timber development on tax-forfeited land and dedicated memorial
forests, to be expended under the supervision of the county
board. It shall be expended only on projects approved by the
commissioner of natural resources.
(b) Any county board may annually by resolution set aside
no more than 20 percent of the receipts remaining to be used for
the acquisition and maintenance of county parks or recreational
areas as defined in sections 398.31 to 398.36, to be expended
under the supervision of the county board.
(c) If the board does not avail itself of the authority
under paragraph (a) or (b) any balance remaining shall be
apportioned as follows: county, 40 percent; town or city, 20
percent; and school district, 40 percent, and if the board
avails itself of the authority under paragraph (a) or (b) the
balance remaining shall be apportioned among the county, town or
city, and school district in the proportions in this paragraph
above stated, provided, however, that in unorganized territory
that portion which should have accrued to the township shall be
administered by the county board of commissioners.
<$eject>
ARTICLE 2
OBSOLETE REFERENCE CORRECTIONS
Section 1. [INSTRUCTION TO REVISOR.]
In each section of Minnesota Statutes referred to in column
A, the revisor of statutes shall delete the reference in column
B and insert the reference in column C.
Column A Column B Column C
1.36, subd. 2 3.102 3.101
3.3026, subd. 7 16.90 16B.40, subd. 2,
clause (3)
3.732 16.07 16B.07
3.732 16.08 16B.09
3.732 16.098 16B.06
12.11, subd. 2 43.21 43A.16
12.21, subd. 3 14.70 14.69
13.36 624.718 624.719
13.71 60A.20 60A.195 to
60A.209
13.75, subd. 1 179.67 179A.12
13.75, subd. 2 179.71, subds. 179A.04, subd. 3;
5 and 6 and 179A.15
14.01 14.70 14.69
14.02, subd. 1 14.70 14.69
14.03, subd. 1 14.70 14.69
14.03, subd. 2 14.70 14.69
14.05, subd. 1 14.70 14.69
14.15, subd. 3 14.13 14.131
14.18 14.13 14.131
14.37, subd. 1 14.70 14.69
14.38, subd. 9 14.70 14.69
14.51 14.13 14.131
16B.43 121.938 121.937
29.021 29.091 29.081
29.049, subd. 1 29.091 29.081
29.061 29.091 29.081
29.071 29.091 29.081
29.081 29.091 29.081
41B.035 473.02, subd. 5 473.121, subd. 2
43A.27 179.741, subd. 1 179A.10, subd. 2
46.041, subd. 3 14.70 14.69
47.54, subds. 2 14.70 14.69
and 3
48.24, subd. 6 48.22 48.221
48.65 48.22 48.221
51A.03, subd. 3 14.70 14.69
51A.065, subd. 10 14.70 14.69
51A.07 14.70 14.69
53.07, subd. 1 15.0411, subd. 3 14.02, subd. 4
55.15 55.09 55.08
60A.23, subd. 8 14.70 14.69
61B.15 300.082 300.083
62A.152, subd. 2 148.87 148.88
62D.02, subds. 1 62D.29 62D.30
and 4
62D.03, subds. 1, 62D.29 62D.30
3, and 4
62D.04, subds. 1, 62D.29 62D.30
2, and 3
62D.05, subds. 1, 62D.29 62D.30
2, and 5
62D.06, subd. 1 62D.29 62D.30
62D.08, subd. 3 62D.29 62D.30
62D.10, subd. 1 62D.29 62D.30
62D.12, subd. 1 72A.231 72A.32
62D.12, subds. 3 62D.29 62D.30
and 9
62D.14, subd. 4 62D.29 62D.30
62D.15, subd. 1 62D.29 62D.30
62D.17, subds. 1, 62D.29 62D.30
2, 3, and 4
62D.19 62D.29 62D.30
62D.20 62D.29 62D.30
62D.21 62D.29 62D.30
62D.22, subds. 1, 3, 62D.29 62D.30
4, 5, and 10
62D.23 62D.29 62D.30
62D.24 62D.29 62D.30
62E.02 62E.17 62E.16
62E.05 62E.17 62E.16
62E.081 62E.17 62E.16
62E.09 62E.17 62E.16
62E.10, subd. 3 14.70 14.69
62E.13, subds. 6 62E.17 62E.16
and 8
62E.14, subd. 2 62E.17 62E.16
62E.15, subd. 2 62E.17 62E.16
62G.20, subd. 3 14.70 14.69
62G.25 14.70 14.69
67A.06 300.082 300.083
79.01, subd. 1 79.23 79.211
79.10 14.70 14.69
79.36 79.42 79.40
79.37 79.42 79.40
79.38, subd. 1 79.42 79.40
80D.13 80D.12 80D.11
82.34 327.55, subd. 1a 327B.04, subd. 5
84.89 609.58 609.582
84.928, subd. 7 100.273, subd. 9 97A.315, subd. 1
84.944, subd. 1 97.488 84.0895
84.944, subd. 2 97.48, subd. 11, 97A.101, 97A.125,
26, or 27 or 97C.001
84.944, subd. 2 101.42, subd. 9 97C.021
84.944, subd. 2 101.475 97C.011
84.944, subd. 3 97.481, subd. 2 97A.145, subd. 2
85.41, subd. 2 98.50, subd. 2 97A.485, subd. 11
87.024 87.022 87.0221
89.56, subd. 3 89.61 to 89.71 89.58
97A.065, subd. 4 98.46, subd. 3, 84.091, subd. 3,
clause (1); and paragraph (a),
18, clause (1) clauses (1), (3),
and (4)
105.418 15.0412, subd. 5 14.29 to 14.36
106A.085, subd. 1 97.50, subd. 1 97A.205 and
97A.211
106A.401, subd. 1 97.481 97A.145
106A.615, subd. 6 97.484 97A.071, subd. 4
115.05, subd. 11 14.70 14.69
115.37 115.15 115.18
115A.162 116J.90, subd. 4a 116M.07, subd. 9
115A.25, subd. 1a 16.135 116B.37, subd. 4
115A.25, subd. 1a 16.21 116B.37, subd. 5
115A.30 14.70 14.69
116C.74, subd. 2, 116C.725 116C.731
clauses (b) and (c)
116J.36, subd. 6, 16A.65, subd. 1 16A.641, subd. 10
clause (c)
116J.68, subd. 2, 16.083 to 16.086 16B.19 to 16B.22
clause (f)
116J.82 14.70 14.69
116K.11 473.02 473.121, subd. 2
116K.12 473.02 473.121, subd. 2
116M.03, subd. 28, 474.16, subd. 6 474A.02, subd. 14
paragraph 2,
clause (d)
120.75, subd. 2 14.70 14.69
121.902, subd. 1 121.92 129.917
121.904, subd. 7 124.201 124A.033
121.911, subd. 3 124.781 124.76
121.93, subd. 1 121.938 121.937
121.931, subd. 1 121.938 121.937
121.936, subd. 1 121.92 121.917
124.14, subd. 2 121.92 121.917
124.2131, subd. 7 14.70 14.69
124.214, subds. 2 124.201 124A.033
and 3
127.25, subd. 4 14.70 14.69
128A.02, subd. 6 14.70 14.69
134.08, subd. 1 375.335 134.20
136.70, subd. 2 chapter 16 chapters 16A
and 16B
136A.06 chapter 16 chapter 16B
136A.233, subd. 2 136A.235 136A.234
136C.25 136C.37 136C.36
136C.26 136C.37 136C.36
144.471 144.47 144.45
144.49, subds. 144.47 144.45
5 and 8
144.55, subd. 7 14.70 14.69
144.581 383A.41 246A.01 to
246A.27
144.802 14.70 14.69
144A.03, subd. 2 144A.17 144A.16
144A.05 144A.17 144A.16
144A.08 144A.17 144A.16
144A.09 144A.17 144A.16
144A.10, subds. 144A.17 144A.16
1, 2, and 4
144A.11, subd. 4 144A.17 144A.16
144A.12 144A.17 144A.16
144A.29, subd. 4 144A.17 144A.16
144A.51 144A.55 144A.54
145.031 327.29 327.28
145.55 327.29 327.28
145.918 327.29 327.28
147.091 525.612 525.61
148.32 525.612 525.61
148.65 147.10 147.081
148.75 147.10 147.081
148.75 525.612 525.61
156A.02 156A.12 156A.11
164.041 275.59 275.58
168.021, subd. 2 16.8632 16B.61, subd. 5
168.12, subd. 2b 14.70 14.69
168B.02, subds. 1 168B.11 168B.101
and 2
168B.05 168B.11 168B.101
168B.07, subd. 2 168B.11 168B.101
168B.08, subd. 3 168B.11 168B.101
168B.09, subd. 2 168B.11 168B.101
169.123, subd. 5b 14.70 14.69
173.20 173.24 173.231
174.23, subd. 7 14.70 14.69
174.30, subd. 5 14.70 14.69
174A.04 14.70 14.69
176.136, subd. 4 14.13 14.131
176.136, subd. 4 14.21 14.22
176.181, subd. 2 14.70 14.69
177.27, subd. 4 14.70 14.69
179A.03, subd. 14 16.098 16B.17, subd. 1
179A.23 16.07 16B.07
179A.23 16.098 16B.17
181A.08, subd. 2 14.70 14.69
197.977 14.70 14.69
210A.01, subd. 3 210A.22 210A.23
214.10, subd. 2a 626.555 626.557
214.13, subd. 1 214.14 214.141
236.02 232.02 232.22
236.04 232.06, subd. 1 232.23
237.075, subd. 9 301.37 302A.133 to
302A.139
240.06, subd. 7 14.70 14.69
240.07, subd. 6 14.70 14.69
241.27, subd. 2 11.10 11A.25
244.09, subd. 5 14.70 14.69
245.69, subd. 2 14.70 14.69
245.73, subd. 1 245.813 245.812
248.07, subd. 1 248.085 248.10
252.23 252.26 252.25
252.24, subd. 1 245.813 248.812
252.24, subd. 2 252.26 252.25
252.25 252.26 252.25
252.261 252.26 252.25
256.98 256.872 256.871
256.991 14.13 14.131
256B.02, subd. 8 14.70 14.69
256B.502 14.13 14.131
256D.03, subd. 1 14.70 14.69
256D.04 14.70 14.69
257.67, subd. 3 256.872 256.871
260.125, subd. 3 609.58, subd. 2, 609.582, subd. 1
clause (b)
260.191, subd. 1b 260.15, subd. 24 260.015, subd. 24
260.194, subd. 1 245.813 245.812
260.195, subd. 3 340.731 340A.503
268.672 268.671 268.672
268.673 268.686 268.682
270.06 325.64 to 325D.30 to
325.76 352D.42
287.09 294.28 294.26
294.21 294.28 294.26
294.23 294.28 294.26
297A.02, subd. 3 340.001, subd. 2 340A.101, subd. 19
297A.02, subd. 3 340.07, subd. 2 340A.101, subd. 14
298.282, subd. 2 275.59 275.58
299F.73, subd. 2 14.70 14.69
299F.75, subd. 2 14.70 14.69
317.30 317.43 317.42
325D.04 325.01 to 325.07 325D.01 to 325D.07
325F.25 325F.33 325F.32
325F.31 325F.33 325F.32
326.244 14.70 14.69
327.32 327.51 to 327.55 327B.01 to 327B.12
327.33, subd. 2 327.51 to 327.55 327B.01 to 327B.12
327.33, subd. 3 14.70 14.69
332.19 14.70 14.69
332.20 14.70 14.69
336.09 366.06 366.01, subd. 4
and 366.07
340A.304 14.70 14.69
340A.415 14.70 14.69
345.381 356.21, subd. 2 356.20, subd. 2
349.50, subd. 9 340.11, subd. 11 340A.404, subd. 1
352.01, subd. 11, 43.56 to 43.62 43A.40 to 43A.465
clause (10)
354.66, subd. 6 43.47, subd. 16 43A.25
356.371, subd. 1, 356.60, subd. 1, 356.61
paragraph (4) paragraph (a)
367.42, subd. 1 327.06 327.76
375.167, subd. 1 275.59 275.58
376.56, subd. 2 376.66 376.60
383B.031, subd. 1 375.10 375.101
383B.041 210A.22 210A.23
383B.29, subd. 3 15.052, subd. 8 14.55
383B.37, subd. 1 43.28, subd. 1 43A.32, subd. 1
383B.38, subd. 2 179.61 to 179.76 179A.01 to 179A.25
383C.61 376.66 376.60
414.01, subd. 2 473.02, subd. 5 473.121, subd. 2
427.02 48.22 48.221
452.01 452.14 452.13
452.08 452.14 452.13
452.09 452.14 452.13
452.11 452.14 452.13
452.12 452.14 452.13
452.13 452.14 452.13
453A.05 300.082 300.083
462.398 14.70 14.69
462C.11, subd. 3 462C.09 474A.07, subd. 6
462C.12, subd. 2 462C.09 474A.07
471.1921 275.59 275.58
471.616, subd. 1 179.67 179A.12
471.617, subd. 2 sections 14.01 chapter 14
to 14.70
471.617, subd. 3 60A.20 60A.195 to 60A.209
471.982 sections 14.01 chapter 14
to 14.70
471.993, subd. 1 179.63, subd. 4 179A.03, subd. 15
473.121, subd. 12 473.401 473.341
473.191, subd. 2 473.203 473.204
473.208 473.203 473.204
473.245 473.193 473.194
473.405, subd. 12 473.401 to 473.451 473.404 to 473.449
473.411, subds. 4 473.401 to 473.451 473.404 to 473.449
and 5
473.415, subd. 1 473.401 to 473.451 473.404 to 473.449
473.416 473.401 to 473.451 473.404 to 473.449
473.446, subds. 1 473.401 to 473.451 473.404 to 473.449
and 1a
473.449 473.401 to 473.451 473.404 to 473.449
473.556, subd. 14 16.085 16B.22
473.556, subd. 14 16.086 16B.21
473.711, subd. 3 473.17 473.716
474A.05, subd. 3 138.5819 138.581
502.72 525.18 524.1-201
514.950 21.47 21.72
524.1-201 527.01 to 527.11 527.21 to
527.44
525.56, subd. 3 253A.07 253B.08
528.01 528.16 528.15
528.02 528.16 528.15
593.135 593.13 593.42, subd. 2
604.06 352E.01, subd. 2 176B.01, subd. 2
609.02 340.07 340A.101
611A.03 609.58, clauses 609.582, subd. 1
(1)(b) and (2)
626.557, subd. 2 245.813 245.812
626.861, subd. 4 97.49, subd. 5 97A.065, subd. 2
Sec. 2. Minnesota Statutes 1986, section 8.31, subdivision
1, is amended to read:
Subdivision 1. [INVESTIGATE OFFENSES AGAINST THE
PROVISIONS OF CERTAIN DESIGNATED SECTIONS; ASSIST IN
ENFORCEMENT.] The attorney general shall investigate violations
of the law of this state respecting unfair, discriminatory and
other unlawful practices in business, commerce, or trade, and
specifically, but not exclusively, the act against unfair
discrimination and competition (sections 325D.01 to 325D.08),
the unlawful trade practices act (sections 325D.09 to
325D.16), the automobile dealer's anticoercion act (sections
325D.17 to 325D.29), the antitrust act (sections 325D.49 to
325D.66), section 325F.67 and other laws against false or
fraudulent advertising, the antidiscrimination acts contained in
section 325D.67, the act against monopolization of food products
(section 325D.68), and the prevention of consumer fraud act
(sections 325F.68 to 325F.70) and assist in the enforcement of
those laws as in this section provided.
Sec. 3. Minnesota Statutes 1986, section 14.02,
subdivision 4, is amended to read:
Subd. 4. [RULE.] "Rule" means every agency statement of
general applicability and future effect, including amendments,
suspensions, and repeals of rules, adopted to implement or make
specific the law enforced or administered by it or to govern its
organization or procedure. It does not include (a) rules
concerning only the internal management of the agency or other
agencies, and which do not directly affect the rights of or
procedure available to the public; (b) rules of the commissioner
of corrections relating to the internal management of
institutions under the commissioner's control and those rules
governing the inmates thereof prescribed pursuant to section
609.105; (c) rules of the division of game and fish published in
accordance with section 97A.051; (d) rules relating to weight
limitations on the use of highways when the substance of the
rules is indicated to the public by means of signs; (e) opinions
of the attorney general; (f) the systems architecture plan and
long-range plan of the state education management information
system provided by section 121.931; (g) the data element
dictionary and the annual data acquisition calendar of the
department of education to the extent provided by section
121.932; (h) the comprehensive statewide plan of the crime
control planning board provided in section 299A.03; or (i)
occupational safety and health standards provided in section
182.655.
Sec. 4. Minnesota Statutes 1986, section 15.61, is amended
to read:
15.61 [UNEMPLOYED AND UNDEREMPLOYED; EMPLOYMENT BY STATE
AND OTHER GOVERNMENTAL UNITS.]
Subdivision 1. The state of Minnesota, its departments,
agencies and instrumentalities, and any county, city, town,
school district or other body corporate and politic, may employ
unemployed and underemployed persons as defined in the federal
Emergency Employment Act of 1971, as amended, and Comprehensive
Employment and Training Act of 1973, as amended, and eligible
job applicants under sections 268.671 to 268.686 pursuant to the
terms of those acts.
Subd. 2. The provisions of Minnesota Statutes 1969,
Sections 197.455 to 197.48 and 43A.11 and any other law or
ordinance relating to preference in employment and promotion of
persons having served in the armed services, the provisions of
any law, rule or regulation, the provisions of any city charter
or any ordinance or resolution, or the provisions of any other
law or statute in conflict with the provisions of the federal
Emergency Employment Act of 1971, as amended, and Comprehensive
Employment and Training Act of 1973, as amended, and eligible
job applicants under sections 268.671 to 268.686 shall not be
applicable to the employment of the persons specified in
subdivision 1.
Sec. 5. Minnesota Statutes 1986, section 17.59,
subdivision 5, is amended to read:
Subd. 5. [COMMODITIES RESEARCH AND PROMOTION ACCOUNT.] All
fees collected by the department under sections 17.51 to 17.69;
21A.01 to 21A.19; 29.14 to 29.19; 30.461 to 30.477; 32B.01 to
32B.13; and any other fees and income received by the department
in the administration of these statutes shall be deposited in a
separate account known as the commodity research and promotion
account in the special revenue fund. These funds shall be
appropriated to the department for the purpose of defraying the
expenses of administering and enforcing the sections listed in
this subdivision.
Sec. 6. Minnesota Statutes 1986, section 17A.04,
subdivision 1, is amended to read:
Subdivision 1. [LICENSING PROVISIONS.] Licenses shall be
issued to livestock market agencies and public stockyards
annually and shall expire on December 31 each year, renewable
annually thereafter. The license issued to a livestock market
agency and public stockyard shall be conspicuously posted at the
licensee's place of business. Licenses shall be required for
livestock dealers and their agents for the period beginning July
1 each year and ending June 30. The license issued to a
livestock dealer or the agent of a livestock dealer shall be
carried by the person so licensed. The livestock dealer shall
be responsible for the acts of the dealer's agents. Licensed
livestock market agencies, public stockyards, and livestock
dealers shall be responsible for the faithful performance of
duty of the public livestock weighers at their places of
business. The license issued to a livestock market agency,
public stockyard or livestock dealer or agent of a livestock
dealer is not transferable. The operation of livestock market
agencies, livestock dealers, agents and packers at a public
stockyard are exempt from sections 17A.01 to 17A.09, and 17A.12
to 17A.15, and 239.27.
Sec. 7. Minnesota Statutes 1986, section 28A.15,
subdivision 4, is amended to read:
Subd. 4. Any persons required to be licensed under the
provisions of sections 19.18 to 19.40 chapter 19 or trucks
operating under a certificate or permit issued pursuant to
chapter 221 or warehouse operators, other than cold storage
warehouse operators, offering storage or warehouse facilities
for compensation.
Sec. 8. Minnesota Statutes 1986, section 38.27,
subdivision 3, is amended to read:
Subd. 3. In all counties, in addition to all other powers
now or hereafter by law conferred upon county boards, authority
is given annually to levy a tax upon all property subject to
taxation and, from time to time, to pay over the proceeds of
this tax, when collected, to a county agricultural society of
its county which is a member of the state agricultural society,
to assist the society in paying financial obligations hereafter
incurred for premium costs of liability insurance procured
pursuant to section 466.06 or for payment of judgments as
provided in section 466.09. A tax levied under this subdivision
for payment of judgments may be in excess of any per capita or
millage tax limitation imposed by statute or charter. A tax
levied under this subdivision for payment of premium costs of
liability insurance shall not be a special levy as defined in
section 275.50, subdivision 5, and shall be subject to the levy
limitation provided in sections section 275.51 and 275.52.
Sec. 9. Minnesota Statutes 1986, section 41A.05,
subdivision 2, is amended to read:
Subd. 2. [ISSUANCE OF BONDS.] (a) Subject to section
16A.80, upon application pursuant to section 41A.04, the board
by resolution may exercise the powers of a rural development
authority under sections 362A.01 to 362A.05 and the powers of a
municipality under chapter 474 for the purposes of providing
money to pay the costs of a project, including the issuance of
bonds and the loan of the bond proceeds pursuant to a lease or
other agreement. The bonds must be issued, sold, and secured on
the terms and conditions and in the manner determined by
resolution of the board. Sections Section 16A.80 and 474.23 do
does not apply to the bonds. Notwithstanding subdivision 1, a
reserve established for the bonds provided by the borrower,
including out of bond proceeds, may be deposited and held in a
separate account in the guaranty fund and applied to the last
installments of principal or interest on the bonds, subject to
the reserves being withdrawn for any purpose permitted by
subdivision 1. The board may by resolution or indenture pledge
any or all amounts in the guaranty fund, including any reserves
and investment income on amounts in the fund, to secure the
payment of principal and interest on any or all series of bonds,
upon the terms and conditions as provided in the resolution or
indenture. To the extent the board deems necessary or desirable
to prevent interest on bonds from becoming subject to federal
income taxation, (1) the amounts in the guaranty fund shall be
invested in obligations or securities with restricted yields and
(2) the investment income on the amounts are released from the
pledge securing the bonds or loan guaranty and appropriately
applied to prevent taxation.
(b) Bonds issued pursuant to this chapter are not general
obligations of the state or the board. The full faith and
credit and taxing powers of the state and the board are not and
may not be pledged for the payment of the bonds. No person may
compel the levy of a tax for the payment or compel the
appropriation of money of the state or the board for the payment
of the bonds, except as specifically provided in this chapter.
(c) The issuance of bonds pursuant to this subdivision is
subject to sections 474.18 to 474.25 chapter 474A. For purposes
of sections 474.16 to 474.20 474A.05 and 474A.11, the board is a
local another issuer and may apply for allocations of authority
to issue private activity obligations and may enter into an
agreement for the issuance of obligations by another issuer.
Sec. 10. Minnesota Statutes 1986, section 48.13,
subdivision 2, is amended to read:
Subd. 2. [SECURITIES IN LIEU OF BOND.] With the prior
written approval of the commissioner and in lieu of the
corporate surety or five individual sureties, there may be
posted a deposit in securities of a form and amount acceptable
to the commissioner. These funds are under the control of the
commissioner for the purposes of section 48.12. All deposits
must remain in the custody of the commissioner of finance and
pursuant to sections section 7.19 and 46.15 may be released only
upon order from the commissioner. These control and custody
requirements must not prevent any interest or dividend earnings
accruing on the funds posted to be paid over to pledgor.
Sec. 11. Minnesota Statutes 1986, section 48.26, is
amended to read:
48.26 [APPLICATION.]
The provisions of sections 48.25 and section 48.88,
subdivision 2, shall not apply to any existing contract or to
mutual savings banks.
Sec. 12. Minnesota Statutes 1986, section 49.01,
subdivision 3, is amended to read:
Subd. 3. "Investment company" means any person,
copartnership, association, or corporation referred to
in Minnesota Statutes 1941, sections 54.26 to 54.29, as amended.
Sec. 13. Minnesota Statutes 1986, section 49.44, is
amended to read:
49.44 [NATIONAL BANKING ASSOCIATION; CONVERSION, MERGER,
CONSOLIDATION; STATE BANK.]
A national banking association which is located in this
state and which has taken the corporate action required therefor
by the laws of the United States may convert into a state bank
upon complying with the provisions applicable to the
organization of a state bank except as herein otherwise
provided. In such case the certificate of incorporation and the
application for a certificate authorizing the proposed bank to
transact business shall be executed by a majority of the
directors of the national banking association and in addition
thereto there shall be filed with the application a copy of the
plan of conversion and a certificate signed by the president and
the cashier of the national banking association setting forth
the corporate action taken by the national banking association
authorizing the conversion. The department of commerce may, at
its discretion, dispense with the notice and hearing provided in
Minnesota Statutes 1949, section 45.04 46.041, if the granting
of the certificate of authority will not increase the number of
banks in the community affected. No certificate of deposit of
an amount equal to the capital stock of the proposed bank shall
be required but the president and the cashier of the national
banking association shall certify to the commissioner of
commerce that the association has a paid in and unimpaired
capital not less than that specified in the certificate of
incorporation of the proposed bank. Upon the conversion of a
national banking association into a state bank as herein
provided, the corporate existence of the national banking
association shall be merged into that of the state bank and all
and singular its rights, privileges and franchises and its
right, title and interest in and to all property of whatsoever
kind, whether real, personal or mixed, and all things in action
and every right, privilege, interest, or asset of conceivable
value or benefit then existing which inure to it under an
unconverted existence shall be deemed fully and finally
transferred to and vested in the state bank without further act
or deed and the state bank shall have and hold the same in its
own right as fully as the same was possessed and held by the
national banking association from which it was by operation
hereof transferred. Its rights, obligations and relations to
any person, creditor, depositor, trustee or beneficiary of any
trust shall remain unimpaired and the state bank into which it
shall have been converted shall succeed to these relations,
obligations, trusts and liabilities and shall execute and
perform all such trusts in the same manner as though it had
itself assumed the relation or trust or incurred the obligation
or liability and its liabilities and obligations to creditors
existing for any cause shall not be impaired by the conversion,
nor shall any obligation or liability of any stockholder of the
national banking association be affected by such conversion, but
these obligations and liabilities shall continue as fully and to
the same effect as existed before the conversion. The state
bank shall become without further act or deed the successor of
the national banking association in any and all fiduciary
capacities in which the national banking association may be
acting at the time of the conversion and shall be liable to all
beneficiaries as fully as if the national banking association
had continued its existence as such. If the national banking
association shall be nominated or appointed or shall have been
nominated or appointed as executor, guardian, administrator,
agent or trustee, or in any other trust relation or fiduciary
capacity in any will, trust agreement, trust conveyance or any
other conveyance, order or judgment of any court or any other
instrument prior to the conversion, even though the will or
other instrument shall not become operative or effective until
after the conversion shall have become effective, every such
office, trust relationship, fiduciary capacity, and all of the
rights, powers, privileges, duties, discretions and
responsibilities so provided to devolve upon, vest in, or inure
to the national banking association so nominated or appointed
shall fully and in every respect devolve upon, vest in, and
inure to and be exercised by the state bank into which the
national banking association shall have been converted.
Sec. 14. Minnesota Statutes 1986, section 60A.17,
subdivision 12, is amended to read:
Subd. 12. [LIABILITY FOR PLACING INSURANCE IN UNAUTHORIZED
COMPANY.] Any person, regardless of whether that person is
required to be licensed as an insurance agent, who participates
in any manner in the sale of any insurance policy or
certificate, or any other contract providing benefits, for or on
behalf of any company which is required to be, but which is not
authorized to engage in the business of insurance in this state,
other than pursuant to section 60A.20 sections 60A.195 to
60A.209, shall be personally liable for all premiums, whether
earned or unearned, paid by the insured, and the premiums may be
recovered by the insured. In addition, that person shall be
personally liable for any loss the insured has sustained or may
sustain if the loss is one resulting from a risk or hazard
covered in the issued policy, certificate, or contract or which
would have been covered if the policy, certificate, or contract
had been issued to the purchaser of the insurance.
Sec. 15. Minnesota Statutes 1986, section 72A.41,
subdivision 1, is amended to read:
Subdivision 1. It is unlawful for any company to enter
into a contract of insurance as an insurer or to transact
insurance business in this state, as set forth in subdivision 2,
without a certificate of authority from the commissioner;
provided that this subdivision does not apply to: (a) contracts
of insurance procured by agents under the authority of section
60A.20 sections 60A.195 to 60A.209; (b) contracts of reinsurance
and contracts of ocean or wet marine and transportation
insurance; (c) transactions in this state involving a policy
lawfully solicited, written and delivered outside of this state
covering only subjects of insurance not resident, located or
expressly to be performed in this state at the time of issuance
and which transactions are subsequent to the issuance of the
policy; (d) transactions in this state involving group or
blanket insurance and group annuities where the master policy of
such groups was lawfully issued and delivered in a state in
which the company was authorized to do an insurance business
where, except for group annuities, the insurer complies with
section 72A.13. The commissioner may require the insurer which
has issued such master policy to submit any information as the
commissioner reasonably requires in order to determine if
probable cause exists to convene a hearing to determine whether
the total charges for the insurance to the persons insured are
unreasonable in relation to the benefits provided under the
policy; (e) transactions in this state involving a policy of
insurance or annuity issued prior to July 1, 1967; or (f)
contract of insurance procured under the authority of section
60A.19, subdivision 8; or (g) transactions in this state
involving contracts of insurance covering property or risks not
located in this state.
Sec. 16. Minnesota Statutes 1986, section 79.38,
subdivision 1, is amended to read:
Subdivision 1. [PROVISIONS.] The plan of operation shall
provide for all of the following:
(a) The establishment of necessary facilities;
(b) The management and operation of the reinsurance
association;
(c) A preliminary premium, payable by each member in
proportion to its total premium in the year preceding the
inauguration of the reinsurance association, for initial
expenses necessary to commence operation of the reinsurance
association;
(d) Procedures to be utilized in charging premiums,
including adjustments from excess or deficient premiums from
prior periods;
(e) Procedures governing the actual payment of premiums to
the reinsurance association;
(f) Reimbursement of each member of the board by the
reinsurance association for actual and necessary expenses
incurred on reinsurance association business;
(g) The composition, terms, compensation and other
necessary rules consistent with section 79.37 for boards of
directors of the reinsurance association to succeed the initial
board provided in section 79.41;
(h) The investment policy of the reinsurance association;
and
(i) Any other matters required by or necessary to
effectively implement sections 79.34 to 79.42.
Sec. 17. Minnesota Statutes 1986, section 97A.021,
subdivision 2, is amended to read:
Subd. 2. [AUTHORITY OF COMMISSIONER.] A provision of the
game and fish laws is subject to, and does not change or modify
the authority of the commissioner to delegate powers, duties,
and functions under sections section 84.083 and 84.088.
Sec. 18. Minnesota Statutes 1986, section 115A.07,
subdivision 1, is amended to read:
Subdivision 1. [INTERAGENCY COORDINATION.] The chair of
the board shall inform the commissioner of energy and economic
development of the board's activities in accordance with section
116J.47. The chair shall keep the agency informed of the
board's activities, solicit the advice and recommendations of
the agency, and coordinate its work with the regulatory and
enforcement activities of the agency.
Sec. 19. Minnesota Statutes 1986, section 115A.12,
subdivision 1, is amended to read:
Subdivision 1. [SOLID AND HAZARDOUS WASTE MANAGEMENT.] The
chair of the board shall establish a solid waste management
advisory council and a hazardous waste management planning
council broadly representative of the geographic areas and
interests of the state. The councils shall have not less than
nine nor more than 18 members each. The membership of the solid
waste council shall consist of one-third citizen
representatives, one-third representatives from local government
units, and one-third representatives from private solid waste
management firms. The solid waste council shall contain at
least one member experienced in each of the following areas:
state and municipal finance; solid waste collection,
processing, and disposal; and solid waste reduction and resource
recovery. The membership of the hazardous waste advisory
council shall consist of one-third citizen representatives,
one-third representatives from local government units, and
one-third representatives of hazardous waste generators and
private hazardous waste management firms. The chairs of the
advisory councils shall be appointed by the chair of the board.
The chair of the board shall provide administrative and staff
services for the advisory councils. The advisory councils shall
have such duties as are assigned by law or the chair of the
board. The solid waste advisory council shall make
recommendations to the board on its solid waste management
activities. The hazardous waste advisory council shall make
recommendations to the board on its activities under sections
115A.08, 115A.09, 115A.10, 115A.11, 115A.20, 115A.21, 115A.23,
and 115A.24. Members of the advisory councils shall serve
without compensation but shall be reimbursed for their
reasonable expenses as determined by the chair of the board.
Sec. 20. Minnesota Statutes 1986, section 115A.14,
subdivision 5, is amended to read:
Subd. 5. [STUDY.] The commission shall study alternative
methods of insuring that an adequate supply of solid waste will
be available to resource recovery facilities and report to the
appropriate policy committees of the house of representatives
and senate before January 1, 1982. The commission shall, at a
minimum, consider the relative merits of the required use
provisions described in sections 115A.70, and 400.162, and
473.827, and other mechanisms designed to facilitate resource
recovery by raising costs of landfill alternatives or lowering
costs of disposal at resource recovery facilities.
Sec. 21. Minnesota Statutes 1986, section 116C.57,
subdivision 3, is amended to read:
Subd. 3. [EMERGENCY CERTIFICATION.] Any utility whose
electric power system requires the immediate construction of a
large electric power generating plant or high voltage
transmission line may make application to the board for an
emergency certificate of site compatibility or permit for the
construction of high voltage transmission lines, which
certificate or permit shall be issued in a timely manner no
later than 195 days after the board's acceptance of the
application and upon a finding by the board that a demonstrable
emergency exists which requires immediate construction, and that
adherence to the procedures and time schedules specified in
sections section 116C.54, 116C.56 and this section would
jeopardize the utility's electric power system or would
jeopardize the utility's ability to meet the electric needs of
its customers in an orderly and timely manner. A public hearing
to determine if an emergency exists shall be held within 90 days
of the application. The board shall, after notice and hearing,
promulgate rules specifying the criteria for emergency
certification.
Sec. 22. Minnesota Statutes 1986, section 116E.03,
subdivision 9, is amended to read:
Subd. 9. [PRIVATE GRANT AND FEDERAL FUNDS.] The chief
administrative officer of the state board is the state agent to
apply for, receive, and disburse private grant and federal funds
made available to the state by private organizations or federal
law or rules and regulations promulgated thereunder for any
purpose related to the powers and duties of the state board or
the regional councils. The chief administrative officer shall
comply with any and all requirements of such private
organizations or federal law or such rules and regulations
promulgated thereunder to enable the funds to be applied for,
received, and disbursed. All such moneys received by the chief
administrative officer of the state board shall be deposited in
the state treasury and are hereby annually appropriated to the
chief administrative officer for the purposes for which they are
received. None of such moneys in the state treasury shall
cancel and they shall be available for expenditure in accordance
with the requirements of federal law or the terms of such
private grants. No application for federal funds or private
grants under this subdivision shall be submitted to federal
authorities or private organizations for approval unless the
proposed budget for the expenditure of such funds is approved by
the governor and reported to the legislative committees
designated in section 16.165 and, when the legislature is not in
session, reported to the standing committee on finance of the
senate and the standing committee on appropriations of the house
of representatives.
Sec. 23. Minnesota Statutes 1986, section 116J.72, is
amended to read:
116J.72 [EXISTING LICENSES.]
Nothing in sections 3.965, subdivision 6 and 116J.69 to
116J.71 shall affect the validity of duration of an existing
issued license.
Sec. 24. Minnesota Statutes 1986, section 120.17,
subdivision 5a, is amended to read:
Subd. 5a. [SUMMER PROGRAMS.] A district may provide summer
programs for handicapped children living within the district and
nonresident children temporarily placed in the district pursuant
to subdivision 6 or 7. Prior to March 31 or 30 days after the
handicapped child is placed in the district, whichever is later,
the providing district shall give notice to the district of
residence of any nonresident children temporarily placed in the
district pursuant to subdivisions 6 or 7, of its intention to
provide these programs. Notwithstanding any contrary provisions
in subdivisions 6 and 7, the school district providing the
special instruction and services shall apply for special
education aid for the summer program. For the purposes of
computing the summer school program revenue allowance as
provided in section 124.201 124A.033, pupils enrolled in these
programs shall be counted by the district of residence and not
by the district providing the programs. The unreimbursed actual
cost of providing the program for nonresident handicapped
children, including the cost of board and lodging, may be billed
to the district of the child's residence and shall be paid by
the resident district. Transportation costs shall be paid by
the district responsible for providing transportation pursuant
to subdivision 6 or 7 and transportation aid shall be paid to
that district.
Sec. 25. Minnesota Statutes 1986, section 121.904,
subdivision 11a, is amended to read:
Subd. 11a. Beginning with payments received in fiscal year
1978, revenues received pursuant to sections 294.21 to 294.28
294.26; 298.23 to 298.28; 298.32; 298.34 to 298.39; 298.391 to
298.396; 298.405; 298.51 to 298.67; any law imposing a tax on
severed mineral values or any other law distributing proceeds in
lieu of ad valorem tax assessments on copper or nickel
properties, shall be recognized as revenue in the school year
received.
Sec. 26. Minnesota Statutes 1986, section 121.904,
subdivision 11b, is amended to read:
Subd. 11b. (1) Each district affected by the provisions of
subdivision 11a shall account for and expend according to the
provisions of this subdivision the total amount by which its
1976 payable 1977 and its 1977 payable 1978 permissible levies
pursuant to sections 124A.03, 124A.06, subdivision 3a, 124A.08,
subdivision 3a, 124A.10, subdivision 3a, 124A.12, subdivision
3a, 124A.14, subdivision 5a, and 275.125 were reduced on account
of payments pursuant to sections 294.21 or 294.28 294.26; 298.23
to 298.28; 298.32; 298.34 to 298.39; 298.391 to 298.396; 298.405;
298.51 to 298.67; any law imposing a tax upon severed mineral
values, or under any other law distributing proceeds in lieu of
ad valorem tax assessments on copper or nickel properties.
Notwithstanding the provisions of section 124A.035, subdivision
5, clause (2) and the provisions of section 275.125, subdivision
9, clause (2) or any other law to the contrary, this total
amount shall not be applied to reduce the foundation aid which
the district is entitled to receive pursuant to section 124A.02
or again be applied to reduce the permissible levies of the
district.
(2) The lesser of the amount in (1) or an amount equal to
$200 times the pupil units in the district computed pursuant to
section 124.17 for the 1977-1978 school year shall be reflected
in an "appropriated fund balance reserve account for current use
of taconite payments" which shall be established in the general
fund. Each school year, beginning in 1978-1979, each affected
district shall transfer an amount equal to $20 times the number
of pupil units in the district in 1977-1978 out of this account
into other operating accounts in the general fund, until the
amount transferred equals the amount originally reflected in the
reserve account; provided that in the last year in which the
district is required to make this transfer, it shall transfer
the balance of the reserve account, not to exceed an amount
equal to $20 times the number of pupil units in the district in
1977-1978. Notwithstanding the provisions of section 121.917,
each affected district may use the amount so transferred each
year to increase its expenditures above the amount it would
otherwise be authorized to expend in that school year.
(3) Of the amount in (1), any amount not reflected in the
account established pursuant to clause (2) shall be reflected in
the district's appropriated fund balance reserve account for
purposes of reducing statutory operating debt, if the district
has established this account pursuant to section 275.125,
subdivision 9a. The June 30, 1977 statutory operating debt of
the district shall be reduced by the amount so reflected and
shall be recertified accordingly by the commissioner.
(4) Notwithstanding the provisions of section 121.912, any
portion of the amount in (1) remaining after the application of
clauses (2) and (3) shall be transferred to the district's
capital expenditure fund; provided that before July 1, 1979 not
exceeding $75,000 of the amount transferred to the capital
expenditure fund pursuant to this clause may be transferred to
the district's general fund.
Sec. 27. Minnesota Statutes 1986, section 122.541,
subdivision 2, is amended to read:
Subd. 2. A district entering into an agreement permitted
in subdivision 1 shall:
(1) Continue to count its resident pupils who are educated
in a cooperating district as resident pupils in the calculation
of pupil units for all purposes, including the calculation of
state aids and levy limitations. Notwithstanding section
124.18, subdivision 2, an agreement permitted by subdivision 1
shall provide for the tuition payments the cooperating districts
determine are necessary and equitable to compensate each
district for the instruction of nonresident pupils; and
(2) Continue to provide transportation and collect
transportation aid for its resident pupils pursuant to sections
123.39, 124.222 and 124.223, and 124.225. This clause shall not
be construed to prohibit a district from providing some or all
transportation to its resident pupils by contracting with a
district which has entered the agreement. For purposes of aid
calculations pursuant to section 124.222 124.225, the
commissioner may adjust the base cost per eligible pupil
transported to reflect changes in costs resulting from an
agreement which provides for a district to discontinue at least
one grade.
Sec. 28. Minnesota Statutes 1986, section 124.01,
subdivision 1, is amended to read:
Subdivision 1. [GENERALLY.] For purposes of this chapter
and chapter 124A, the words defined in section 120.02 have the
same meaning and the terms defined in sections 124.201, 124A.02,
and 124A.033 have the meanings attributed to them in those
sections.
Sec. 29. Minnesota Statutes 1986, section 124.195,
subdivision 8, is amended to read:
Subd. 8. [PAYMENT PERCENTAGE FOR REIMBURSEMENT AIDS.] The
following aids shall be paid at 100 percent of the entitlement
for the prior fiscal year: summer program aid according to
section 124A.033; abatement aid according to section 124.214,
subdivision 2; special education residential aid according to
section 124.32, subdivision 5; special education summer school
aid, according to section 124.32, subdivision 10; planning,
evaluating, and reporting process aid according to
section 123.7431 124.274; and extended leave and part-time
teacher aids according to chapters 354 and 354A.
Sec. 30. Minnesota Statutes 1986, section 124.195,
subdivision 9, is amended to read:
Subd. 9. [PAYMENT PERCENTAGE FOR CERTAIN AIDS.] The
following aids shall be paid at 100 percent of the entitlement
for the current fiscal year: reimbursement for transportation
to post-secondary institutions, according to section 123.3514,
subdivision 8; reimbursement for transportation to a program of
excellence, according to section 126.62, subdivision 6;
handicapped adult program aid, according to section 124.271,
subdivision 7; arts education aid according to section 124.275;
school lunch aid, according to section 124.646; hearing impaired
support services aid, according to section 121.201; and
technology demonstration site grants, according to section
129B.36 and courseware purchase subsidy according to section
129B.38.
Sec. 31. Minnesota Statutes 1986, section 124.2138,
subdivision 3, is amended to read:
Subd. 3. [REPLACE STATE PAY.] In any fiscal year in which
the state payments on behalf of a district authorized in
sections 354.43, subdivision 1; 354A.12, subdivision 2; and
355.46, subdivision 3, clause (b), are reduced under this
section or section 124A.037, the commissioner of education shall
certify the amounts of the required reductions to the district.
The district shall pay employer contributions in the amount of
the reduction of these payments to the commissioner, which
amount shall be placed in the general fund.
Sec. 32. Minnesota Statutes 1986, section 124.2138,
subdivision 4, is amended to read:
Subd. 4. [NONAGRICULTURAL DISTRICT DEFINED.] For the
purposes of this section and section 124A.037, nonagricultural
district means a district where the assessed valuation of
agricultural land identified in section 273.13, subdivision 23,
comprises less than 60 percent of the assessed valuation of the
district.
Sec. 33. Minnesota Statutes 1986, section 124.32,
subdivision 1c, is amended to read:
Subd. 1c. [FOUNDATION AID FORMULA ALLOWANCE.] For purposes
of this section, "foundation aid formula allowance" shall have
the meaning attributed to it in section 124A.02, subdivision 9,
and "summer school program revenue allowance" shall have the
meaning attributed to it in section 124.201 124A.033. For the
purposes of computing foundation aid formula allowances pursuant
to this section, each handicapped child shall be counted as
prescribed in section 124.17, subdivision 1.
Sec. 34. Minnesota Statutes 1986, section 124.472, is
amended to read:
124.472 [BOND ISSUE, MAXIMUM EFFORT SCHOOL LOANS; 1965.]
For the purpose of providing moneys to be loaned to school
districts as agencies and political subdivisions of the state
for the acquisition and betterment of public land and buildings
and other public improvements of a capital nature, in the manner
provided by the maximum effort school aid law, the state auditor
is directed to issue and sell school loan bonds of the state of
Minnesota in the maximum amount of $10,400,000, in addition to
the bonds authorized by section 124.471, subdivisions 1 and 2,
which amount is appropriated to the maximum effort school loan
fund and shall be expended under the direction of the school
loan committee for the making of debt service loans and capital
loans to school districts as provided in sections 124.36 to
124.47. These bonds shall be issued and sold and provision for
the payment thereof shall be made in accordance with section
124.46, and an amount sufficient to pay interest on the bonds to
and including July 1 in the second year after the date of issue
shall be credited from the bond proceeds to the school loan bond
account in the state bond fund. Any expenses incidental to the
sale, printing, execution, and delivery of the bonds, including,
but without limitation, actual and necessary travel and
subsistence expenses of state officers and employees for such
purposes, shall be paid from the maximum effort school loan
fund, and the amounts necessary therefor are appropriated from
such fund.
Sec. 35. Minnesota Statutes 1986, section 126.39,
subdivision 11, is amended to read:
Subd. 11. [RULES.] The state board, upon the receipt of
recommendations by the advisory task force, may promulgate rules
providing for standards and procedures appropriate for the
implementation of and within the limitations of sections 126.31
to 126.42 section 126.36.
Sec. 36. Minnesota Statutes 1986, section 136.44, is
amended to read:
136.44 [ACCEPTANCE OF FEDERAL GRANTS; USE OF GRANTS.]
The treasurer of the state university board is authorized
to accept any federal grant which will become available under
provisions of Title II of Public Law Number 85-864; under Title
I, Part D, of Public Law Number 90-351 (also known as section
406 of the Omnibus Crime Control and Safe Streets Act of 1968
and as the Law Enforcement Education Program); under Title VIII,
Part B, Public Law Number 410 (also known as Public Health
Service Act) as amended including specifically the amendment by
Public Law Number 88-581 (also known as Nurse Training Act of
1964 which authorizes the Nursing Student Loan Program); under
Title IV, Part A, of the Higher Education Act of 1965; or any
other federal grants made available for the purpose of providing
scholarship, grant, or loan money to students at the state
universities, for use in the special student loan account in the
university activity funds in any of the Minnesota state
universities for which the grant is made. All applications for
federal grants shall be submitted in accordance with section
16.165. Any such federal grant is hereby appropriated to the
state university board for use in the intended state university,
in accordance with the terms under which it was accepted. The
moneys of any such federal grant, shall be administered within
the university activity fund.
Sec. 37. Minnesota Statutes 1986, section 136A.04,
subdivision 2, is amended to read:
Subd. 2. The higher education coordinating board shall
review and make recommendations regarding a plan or proposal for
a new or additional program of instruction or a substantial
change in an existing program of instruction to be offered by an
area vocational technical institute within 45 days of the
transmission of approval of the plan or proposal to the higher
education coordinating board by the state board for vocational
education pursuant to section 121.217, clause (2). The higher
education coordinating board shall then transmit a written
explanation of its recommendations within five days of board
action to the director of the applying area vocational technical
institute and to the commissioner of education.
Sec. 38. Minnesota Statutes 1986, section 136D.28,
subdivision 2, is amended to read:
Subd. 2. [TAXES.] Before issuing such bonds, the board
shall certify to each participating school district and to the
county auditor or auditors the years and amounts of taxes
required to be levied for payment of such bonds by section
475.61. The county auditor shall cause the share of each
participating school district in such taxes to be spread in each
year until the bonds and interest have been paid, the share of
each district in any year to be equal to the ratio of the most
recent assessed valuation of taxable property therein to the
most recent assessed valuation of taxable property in all
participating school districts. None of the taxes levied for
payment of such bonds shall be included in computing the
limitations upon the levy of any district under section 275.12,
or any law amendatory thereof, or supplemental thereto. Such
taxes may be levied in addition to the taxes authorized by
section 136D.27 hereof.
Sec. 39. Minnesota Statutes 1986, section 136D.89,
subdivision 2, is amended to read:
Subd. 2. [TAXES.] Before issuing such bonds, the board
shall certify to each participating school district and to the
county auditor or auditors the years and amounts of taxes
required to be levied for payment of such bonds by section
475.61. The county auditor shall cause the share of each
participating school district in such taxes to be spread in each
year until the bonds and interest have been paid, the share of
each district in any year to be equal to the ratio of the most
recent assessed valuation of taxable property therein to the
most recent assessed valuation of taxable property in all
participating school districts. None of the taxes levied for
payment of such bonds shall be included in computing the
limitations upon the levy of any district under section 275.12,
or any law amendatory thereof, or supplemental thereto. Such
taxes may be levied in addition to the taxes authorized by
section 136D.87 hereof.
Sec. 40. Minnesota Statutes 1986, section 152.02,
subdivision 12, is amended to read:
Subd. 12. If any substance is designated, rescheduled, or
deleted as a controlled substance under federal law and notice
thereof is given to the state board of pharmacy, the state board
of pharmacy shall similarly control the substance under Laws
1973, chapter 693 after the expiration of 30 days from
publication in the federal register of a final order designating
a substance as a controlled substance or rescheduling or
deleting a substance. Such order shall be filed pursuant to
section 14.38. If within that 30 day period, the state board of
pharmacy objects to inclusion, rescheduling, or deletion, it
shall publish the reasons for objection and afford all
interested parties an opportunity to be heard. At the
conclusion of the hearing, the state board of pharmacy shall
publish its decision, which shall be subject to the provisions
of Minnesota Statutes 1971, chapter 15.
In exercising the authority granted by Laws 1971, chapter
937, the state board of pharmacy shall be subject to the
provisions of Minnesota Statutes 1969, chapter 15. The state
board of pharmacy shall provide copies of any proposed rule
under Laws 1971, chapter 937, to the advisory council on
controlled substances at least 30 days prior to any hearing
required by Minnesota Statutes 1969, section 15.0412,
Subdivision 4 14.14, subdivision 1. The state board of pharmacy
shall consider the recommendations of the advisory council on
controlled substances, which may be made prior to or at the
hearing.
Sec. 41. Minnesota Statutes 1986, section 174.255,
subdivision 1, is amended to read:
Subdivision 1. [HANDICAPPED ACCESSIBILITY.] The
commissioner shall require any paratransit project receiving
assistance under section 174.24 or 174.25 that includes the
operation of two or more vehicles other than automobiles or
taxis to provide at least one vehicle that is accessible to
handicapped individuals and may require additional accessible
vehicles if necessary to serve handicapped individuals expected
to use the project. A vehicle is accessible if it is equipped
to allow transportation of an individual confined to a
wheelchair or using an orthopedic device.
Sec. 42. Minnesota Statutes 1986, section 174.255,
subdivision 2, is amended to read:
Subd. 2. [ASSISTANCE IN OBTAINING INSURANCE.] In order to
reduce the expense of liability insurance required for
paratransit projects eligible for assistance under sections
section 174.24 and 174.25, the commissioner and the commissioner
of commerce shall investigate the causes of high liability
insurance costs and shall take the appropriate administrative
action to assist paratransit projects to obtain liability
insurance coverage from qualified insurance carriers at the
lowest available cost. Appropriate administrative action
includes: (a) taking bids from and negotiating and entering
into contracts with qualified carriers to provide liability
insurance for eligible paratransit projects that wish to be
covered; and (b) providing technical and administrative
assistance to eligible paratransit projects to assist them in
securing low cost liability insurance.
Sec. 43. Minnesota Statutes 1986, section 174.29,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITION.] For the purpose of sections
174.29 to 174.31 and 174.30 "special transportation service"
means motor vehicle transportation provided on a regular basis
by a public or private entity or person that is designed
exclusively or primarily to serve individuals who are elderly,
handicapped, or disabled and who are unable to use regular means
of transportation but do not require life support transportation
service, as defined in section 144.801, subdivision 4. Special
transportation service includes but is not limited to service
provided by specially equipped buses, vans, taxis, and
volunteers driving private automobiles.
Sec. 44. Minnesota Statutes 1986, section 176.83,
subdivision 7, is amended to read:
Subd. 7. [MISCELLANEOUS RULES.] Rules necessary for
implementing and administering the provisions of sections
176.131, 176.132, 176.134, sections 176.242 and 176.243;
sections 176.251, 176.66 to 176.669, and rules regarding proper
allocation of compensation under section 176.111. Under the
rules adopted under section 176.111 a party may petition for a
hearing before a compensation judge to determine the proper
allocation. In this case the compensation judge may order a
different allocation than prescribed by rule.
Sec. 45. Minnesota Statutes 1986, section 177.24,
subdivision 2, is amended to read:
Subd. 2. [GRATUITIES NOT APPLIED.] No employer may
directly or indirectly credit, apply, or utilize gratuities
towards payment of minimum wages, except as provided under
section 177.295 177.28.
Sec. 46. Minnesota Statutes 1986, section 179A.12,
subdivision 1, is amended to read:
Subdivision 1. [CERTIFICATION CONTINUED.] Any employee
organization holding formal recognition by order of the director
or by employer voluntary recognition on the effective date of
Extra Session Laws 1971, chapter 33, under any law that is
repealed by Extra Session Laws 1971, chapter 33, is certified as
the exclusive representative until it is decertified or another
representative is certified in its place.
Any teacher organization as defined by Minnesota Statutes
1969, section 125.20, subdivision 3, which on the effective date
of Extra Session Laws 1971, chapter 33, has a majority of its
members on a teacher's council in a school district as provided
in Minnesota Statutes 1969, section 125.22 is certified as the
exclusive representative of all teachers of that school district
until the organization is decertified or another organization is
certified in its place.
Sec. 47. Minnesota Statutes 1986, section 182.651,
subdivision 18, is amended to read:
Subd. 18. The following substances or mixtures are not
hazardous substances if they are:
(a) products intended for personal consumption by employees
in the workplace;
(b) consumer products packaged for distribution to, and
used by, the general public, including any product used by an
employer or the employer's employees in the same form,
concentration, and manner as it is sold to consumers, and to the
employer's knowledge, employee exposure is not significantly
greater than the consumer exposure occurring during principal
consumer use of the product;
(c) any article, including but not limited to, an item of
equipment or hardware, which contains a hazardous substance, if
the substance is present in a solid form which does not create a
health hazard as a result of being handled by an employee;
(d) any hazardous substance that is bound and not released
under normal conditions of work or in a reasonably foreseeable
occurrence resulting from workplace operations;
(e) products sold or used in retail food sale
establishments and all other retail trade establishments,
exclusive of processing and repair work areas;
(f) "intoxicating liquor" as defined in section 340.07,
subdivision 2 340A.101, subdivision 14 or "nonintoxicating malt
liquor" as defined in section 340.001, subdivision 2 340A.101,
subdivision 19;
(g) "food" as defined in the federal Food, Drug, and
Cosmetic Act, United States Code, title 27, section 321, et
seq.; or
(h) any waste material regulated pursuant to the federal
Resource Conservation and Recovery Act, Public Law Number
94-580, but only with respect to any employer in a business
which provides a service of collection, processing, or disposal
of such waste.
The commissioner may, by inclusion in the standards adopted
pursuant to section 182.655, determine whether any of the
following may be excluded from the definitions of hazardous
substance or harmful physical agent:
(a) waste products labeled pursuant to the Resource
Conservation and Recovery Act;
(b) any substance received by an employee in a sealed
package and subsequently sold or transferred in that package, if
the seal remains intact while the substance is in the employer's
workplace; or
(c) any substance, mixture, or product if present in a
physical state, volume, or concentration for which there is no
valid and substantial evidence that a significant risk to human
health may occur from exposure.
Sec. 48. Minnesota Statutes 1986, section 193.141,
subdivision 2, is amended to read:
Subd. 2. [CONSTRUCTION ON STATE MILITARY CAMPING GROUNDS.]
Whenever the adjutant general shall deem it necessary or
expedient that an armory be constructed upon a state military
camping ground, to be used principally by any unit or units of
the national guard stationed at a municipality in the vicinity
thereof, such armory may be constructed and the cost thereof
paid in the manner hereinafter provided for the construction of
armories in municipalities, and the annual payments thereafter
to be made by the state for the maintenance and equipment of
such armory, as authorized by section 193.35, shall be payable
to the Minnesota State Armory Building Commission without the
necessity of like appropriations by such municipality or any
other party, so long as any bonds issued for the construction of
such armory shall be outstanding.
Sec. 49. Minnesota Statutes 1986, section 193.145,
subdivision 2, is amended to read:
Subd. 2. [TAX LEVY, LIMITATION.] A county or municipality
in which an armory has been constructed or is to be constructed
hereunder may by resolution of its governing body irrevocably
provide for levying and collecting annually for a specified
period, not exceeding 40 years, a tax upon all taxable property
therein of such amount as such governing body may determine,
which, unless levied by a county, shall not exceed one-third of
one mill.
The proceeds of such levy as collected shall be paid to
such corporation for the purposes herein prescribed. Such
county or municipality shall have power to make such tax levies
and payments and to bind itself thereto by such resolution of
its governing body. The provisions of such resolution may be
made conditional upon the giving of an agreement by the adjutant
general as authorized in subdivision 4. The obligations of such
county or municipality to levy, collect, and pay over such taxes
shall not be deemed or construed to constitute an indebtedness
of such county or municipality within the meaning of any
provision of law or of its charter limiting its total or net
indebtedness, and such taxes may be levied and collected without
regard to any statutory or charter provision limiting the amount
or rate of taxes which such county or municipality is otherwise
authorized to levy. The payment of the proceeds of such taxes
up to an amount equal to the sum of $250 per year, or such other
amount as may hereafter be prescribed by law, for each company
or other unit of the national guard stationed in such county or
municipality, shall be deemed sufficient appropriation and
payment by such county or municipality to authorize the payments
to be made by the state annually for armory maintenance and
equipment under the provisions of section 193.35, such payments
to be made to such corporation and applied as herein provided.
Sec. 50. Minnesota Statutes 1986, section 214.01,
subdivision 3, is amended to read:
Subd. 3. "Non-health-related licensing board" means the
board of teaching established pursuant to section 125.183, the
board of barber examiners established pursuant to section
154.22, the board of assessors established pursuant to section
270.41, the board of architecture, engineering, land surveying
and landscape architecture established pursuant to section
326.04, the board of accountancy established pursuant to section
326.17, the board of electricity established pursuant to section
326.241, the private detective and protective agent licensing
board established pursuant to section 326.33, the board of
examiners in watchmaking established pursuant to section
326.541, the board of boxing established pursuant to section
341.01, the board of abstracters established pursuant to section
386.63, and the peace officer standards and training board
established pursuant to section 626.841.
Sec. 51. Minnesota Statutes 1986, section 219.691, is
amended to read:
219.691 [VIOLATION; FORFEITURE.]
A company violating sections 219.681, 219.692, 219.741,
219.742, 219.743, 219.751, and 219.755 shall forfeit as a
penalty to the state the sum of $1,000 which may be recovered in
a civil action.
Sec. 52. Minnesota Statutes 1986, section 219.692, is
amended to read:
219.692 [TREBLE DAMAGES.]
A person injured by a company's violation of sections
219.681, 219.691, 219.741, 219.742, 219.743, 219.751, and
219.755 has a cause of action against that company for treble
the amount of damages to the person or the person's property
resulting from the violation.
Sec. 53. Minnesota Statutes 1986, section 219.743, is
amended to read:
219.743 [EXCEPTIONS.]
Sections 219.681, and 219.741, and 219.742 do not apply to:
(1) logging or ore roads constructed and used exclusively
for logging or mining purposes;
(2) tracks described in section 219.681 which are used
exclusively for logging or mining purposes; or
(3) a railroad which is not a common carrier.
Sec. 54. Minnesota Statutes 1986, section 219.755, is
amended to read:
219.755 [SECTION 645.35 NOT TO APPLY.]
Section 645.35 does not apply to sections 219.681, 219.691,
219.692, 219.741, 219.742, 219.743, and 219.751.
Sec. 55. Minnesota Statutes 1986, section 222.61, is
amended to read:
222.61 [EMERGENCY RULEMAKING AUTHORITY.]
The commissioner may exercise emergency rulemaking
authority as provided in sections 14.29 to 14.36, to implement
the provisions of sections 222.55 to 222.62. The commissioner
shall solicit information and opinions from outside the
department as provided in Minnesota Statutes 1980, section
15.0412, subdivision 6, before adopting these rules.
Notwithstanding the provisions of Minnesota Statutes 1980,
section 15.0412, subdivision 5, rules adopted pursuant to this
section shall be effective until permanent rules are adopted
pursuant to chapter 15 14 or until October 1, 1979, whichever
occurs first.
Sec. 56. Minnesota Statutes 1986, section 241.31,
subdivision 2, is amended to read:
Subd. 2. Community corrections programs established under
this section may be administered by a nonprofit corporation, by
the political subdivision establishing same, or by a community
corrections board organized and composed in the same manner that
a community mental health center board is composed and organized
under sections 245.66 to 245.67 section 245.66.
Sec. 57. Minnesota Statutes 1986, section 243.24,
subdivision 2, is amended to read:
Subd. 2. [CHIEF EXECUTIVE OFFICER TO INCREASE FUND TO
$100.] If the fund standing to the credit of the prisoner on the
prisoner's leaving the facility by discharge or on parole be
less than $100, the warden or chief executive officer is
directed to pay out of the current expense fund of the facility
sufficient funds to make the total of said earnings the sum of
$100, except that when a prisoner is released under section
243.14, the commissioner of corrections may authorize a lesser
amount.
Sec. 58. Minnesota Statutes 1986, section 246A.11,
subdivision 1, is amended to read:
Subdivision 1. [TRANSFER.] Notwithstanding any other law
to the contrary, Ramsey county and the city of St. Paul, or
either of them, may lease any property, real or personal,
acquired by either or both for the establishment, operation, or
maintenance of St. Paul Ramsey Medical Center, created by
Minnesota Statutes 1984, section 383A.41, or that has been
turned over to the center for its use; however, the lease must
only be to the corporation or one of its subsidiaries.
Sec. 59. Minnesota Statutes 1986, section 246A.12,
subdivision 1, is amended to read:
Subdivision 1. [EMPLOYEE TRANSFER.] All employees of the
St. Paul Ramsey Medical Center commission, Minnesota Statutes
1984, section 383A.41, shall be transferred to the hospital
subsidiary corporation.
Sec. 60. Minnesota Statutes 1986, section 250.05,
subdivision 2, is amended to read:
Subd. 2. The Gillette children's hospital shall be
governed by a board of directors consisting of up to 19
members. Not more than nine of those shall be residents of
Ramsey county. The commissioner of health and the commissioner
of jobs and training shall each designate a senior employee of
their respective departments to represent them as voting members
of the board. The designee of the commissioner of jobs and
training shall be the person having authority over the
administration of federally recognized vocational rehabilitation
programs. Notwithstanding the provisions of subdivision 2a, the
term of office of a designee shall be coterminous with the term
of office of the designating commissioner. Of the remaining
members, at least four shall be consumers as defined in section
145.833, and persons (a) whose past or present occupation has
not involved the administration of health activities or the
providing of health services within the 12 months before
appointment, (b) who were not employed by a health care facility
as a licensed professional within 12 months before appointment,
and (c) who have not held a material financial interest in the
rendering of health service within 12 months before
appointment. One member shall be a member of the medical staff,
to be elected by the medical staff of the hospital. Members
other than the designees shall be elected by the other members.
No member of the board may be an employee of or have any direct
or immediate family financial interest in a business entity that
provides goods or services to the hospital.
Sec. 61. Minnesota Statutes 1986, section 256.12,
subdivision 14, is amended to read:
Subd. 14. [DEPENDENT CHILD.] "Dependent child," as used in
sections 256.72 to 256.87 and 256.872, means a child under the
age of 18 years, or a child under the age of 19 years who is
regularly attending as a full-time student, and is expected to
complete before reaching age 19, a high school or a secondary
level course of vocational or technical training designed to fit
students for gainful employment, who is found to be deprived of
parental support or care by reason of the death, continued
absence from the home, physical or mental incapacity of a
parent, or who is a child of an unemployed parent as that term
is defined by the commissioner of human services, such
definition to be consistent with and not to exceed minimum
standards established by the Congress of the United States and
the secretary of health and human services, and whose relatives,
liable under the law for the child's support are not able to
provide adequate care and support of the child, and who is
living with father, mother, grandfather, grandmother, brother,
sister, stepfather, stepmother, stepbrother, stepsister, uncle,
aunt, first cousin, nephew, or niece in a place of residence
maintained by one or more of these relatives as a home.
The term "dependent child" also means a child who has been
removed from the home of a relative after a judicial
determination that continuance in the home would be contrary to
the welfare and best interests of the child and whose care and
placement in a foster home or a private licensed child care
institution is, in accordance with the rules of the
commissioner, the responsibility of the state or county agency
under sections 256.72 to 256.87. This child is eligible for
benefits only through the foster care and adoption assistance
program contained in Title IV-E of the Social Security Act,
United States Code, title 42, sections 670 to 676, and is not
entitled to benefits under sections 256.72 to 256.87.
Sec. 62. Minnesota Statutes 1986, section 256.462,
subdivision 2, is amended to read:
Subd. 2. [APPLICABILITY.] The provisions of Minnesota
Statutes 1949 1971, section 256.25, as to the allowance as
claims in the probate court of amounts paid as old age
assistance are made applicable to amounts paid as assistance
under the provisions of Minnesota Statutes 1971, sections
256.451 to 256.475.
Sec. 63. Minnesota Statutes 1986, section 256B.03,
subdivision 2, is amended to read:
Subd. 2. [LIMIT ON ANNUAL INCREASE TO LONG-TERM CARE
PROVIDERS.] Notwithstanding the provisions of sections 256B.42
256B.421 to 256B.48, Laws 1981, chapter 360, article II, section
2, or any other provision of chapter 360, and rules promulgated
under those sections, rates paid to a skilled nursing facility
or an intermediate care facility, including boarding care
facilities and supervised living facilities, except state owned
and operated facilities, for rate years beginning during the
biennium ending June 30, 1983, shall not exceed by more than ten
percent the final rate allowed to the facility for the preceding
rate year. For purposes of this section, "final rate" means the
rate established after any adjustment by the commissioner,
including but not limited to adjustments resulting from cost
report reviews, field audits, and computations of unimplemented
cost changes. Regardless of any rate appeal, the rate
established shall be the rate paid and shall remain in effect
until final resolution of the appeal, subsequent desk or field
audit adjustment, notwithstanding any provision of law or rule
to the contrary.
Notwithstanding provisions of section 256B.45, subdivision
1, The commissioner shall not increase the percentage for
investment allowances.
Sec. 64. Minnesota Statutes 1986, section 257.34,
subdivision 1, is amended to read:
Subdivision 1. [ACKNOWLEDGMENT BY PARENTS.] The mother and
father of a child born to a mother who was not married to the
child's father when the child was conceived nor when the child
was born may, in a writing signed by both of them before a
notary public, declare and acknowledge under oath that they are
the biological parents of the child. The declaration may
provide that any such child born to the mother at any time
before or up to ten months after the date of execution of the
declaration is the biological child of the signatories.
Execution of the declaration shall:
(a) have the same consequences as an acknowledgment by the
signatories of parentage of the child for the purposes of
sections 62A.041 and 62C.14, subdivision 5a;
(b) be conclusive evidence that the signatories are parents
of the child for the purposes of sections 176.111 and 197.09 to
197.11 197.752;
(c) have the same consequences as an acknowledgment by the
father of paternity of the child for the purposes of sections
257.57 and 257.66;
(d) when timely filed with the division of vital statistics
of the Minnesota department of health as provided in section
259.261, qualify as an affidavit stating the intention of the
signatories to retain parental rights as provided in section
259.261 if it contains the information required by section
259.261 or rules promulgated thereunder;
(e) have the same consequences as a writing declaring
paternity of the child for the purposes of section 524.2-109;
and
(f) be conclusive evidence that the signatories are parents
of the child for the purposes of chapter 573.
Sec. 65. Minnesota Statutes 1986, section 260.015,
subdivision 3, is amended to read:
Subd. 3. "Child placing agency" means anyone licensed
under section 257.091 sections 245.781 to 245.812 and 252.28,
subdivision 2.
Sec. 66. Minnesota Statutes 1986, section 260.151,
subdivision 1, is amended to read:
Subdivision 1. Upon request of the court the county
welfare board or probation officer shall investigate the
personal and family history and environment of any minor coming
within the jurisdiction of the court under section 260.111 and
shall report its findings to the court. The court may order any
minor coming within its jurisdiction to be examined by a duly
qualified physician, psychiatrist, or psychologist appointed by
the court. With the consent of the commissioner of corrections
and agreement of the county to pay the costs thereof, the court
may, by order, place a minor coming within its jurisdiction in
an institution maintained by the commissioner for the detention,
diagnosis, custody and treatment of persons adjudicated to be
delinquent, in order that the condition of the minor be given
due consideration in the disposition of the case. Adoption
investigations shall be conducted in accordance with the laws
relating to adoptions. Any funds received under the provisions
of this subdivision or under the provisions of section 260.175,
clause (d) shall not cancel until the end of the fiscal year
immediately following the fiscal year in which the funds were
received. The funds are available for use by the commissioner
of corrections during that period, and are hereby appropriated
annually to the commissioner of corrections as reimbursement of
the costs of providing these services to the juvenile courts.
Sec. 67. Minnesota Statutes 1986, section 268.072,
subdivision 6, is amended to read:
Subd. 6. [REIMBURSEMENT OF COSTS.] Appropriate
arrangements shall be made for reimbursement by the child
support agency for the administrative costs incurred by the
commissioner under this subdivision and sections 256.872 to
256.878 and 518.551 and 518.611 which are attributable to child
support obligations being enforced by the public agency
responsible for child support enforcement.
Sec. 68. Minnesota Statutes 1986, section 275.125,
subdivision 6a, is amended to read:
Subd. 6a. [MINNEAPOLIS CIVIL SERVICE RETIREMENT LEVY.] (1)
In addition to the excess levy authorized in subdivision 6, in
1976 any district within a city of the first class which was
authorized in 1975 to make a retirement levy under Minnesota
Statutes 1974, section 275.127 and chapter 422A may levy an
amount per pupil unit which is equal to the amount levied in
1975 payable 1976, under Minnesota Statutes 1974, section
275.127 and chapter 422A, divided by the number of pupil units
in the district in 1976-1977.
(2) In 1979 and each year thereafter, any district which
qualified in 1976 for an extra levy under clause (1) shall be
allowed to levy the same amount as levied for retirement in 1978
under this clause reduced each year by ten percent of the
difference between the amount levied for retirement in 1971
under Minnesota Statutes 1971, sections 275.127 and 422.01 to
422.54 and the amount levied for retirement in 1975 under
Minnesota Statutes 1974, section 275.127 and chapter 422A.
Sec. 69. Minnesota Statutes 1986, section 275.125,
subdivision 8, is amended to read:
Subd. 8. [COMMUNITY EDUCATION LEVY.] (1) Each year, a
district which has established a community education advisory
council pursuant to section 121.88, may levy the amount raised
by .8 mill times the most recent adjusted assessed valuation of
the district, but no more than the greater of
$5.50 times the population of the district, or
$7,340.
(2) In addition to the levy authorized in clause (1), each
year a district may levy an additional amount for community
education programs equal to the difference obtained by
subtracting
(a) the sum in fiscal year 1984 of
(i) the district's estimated maximum permissible revenue
for fiscal year 1985 from community education aid under section
124.271, subdivision 2b, clause (1), and
(ii) the community education levy authorized in clause (1)
of this subdivision, from
(b) the sum in fiscal year 1983 of
(i) the district's maximum permissible revenue from
community education aid under Minnesota Statutes 1984, section
124.271, subdivision 2, excluding any reductions from community
education aid made pursuant to Laws 1981, Third Special Session
chapter 2, article 2, section 2, clause (mm), and Laws 1982,
Third Special Session chapter 1, article 3, section 6, and
(ii) the maximum community education levy authorized in
this subdivision for the district for the levy made in 1981,
payable in 1982, before any reduction in the levy pursuant to
subdivision 9.
(3) A district having an approved adult basic and
continuing education program, according to section 124.26, may
levy an amount not to exceed the amount raised by .1 mill times
the adjusted assessed valuation of the district for the
preceding year.
(4) A district having an approved program and budget may
levy for a handicapped adult program. The levy amount may not
exceed the lesser of one-half of the amount of the approved
budget for the program for the fiscal year beginning in the
calendar year after the levy is certified or $25,000 for one
program. In the case of a program offered by a group of
districts, the levy amount shall be divided among the districts
according to the agreement submitted to the department. The
proceeds of the levy shall be used only for a handicapped adult
program or, if the program is subsequently not offered, for
community education programs. For programs not offered, the
department of education shall reduce the community education
levy by the amount levied the previous year for handicapped
adult programs.
(5) The levies authorized in this subdivision shall be used
for community education, including nonvocational adult programs,
recreation and leisure time activity programs, and programs
authorized by sections 121.85 to 121.88 and 129B.06 to 129B.09,
and 121.882. A school district may levy pursuant to this
subdivision only after it has filed a certificate of compliance
with the commissioner of education. The certificate of
compliance shall certify that the governing boards of the
county, municipality and township in which the school district
or any part thereof is located have been sent 15 working days
written notice of a meeting and that a meeting has been held to
discuss methods of increasing mutual cooperation between such
bodies and the school board. The failure of a governing board
of a county, municipality or township to attend the meeting
shall not affect the authority of the school district to levy
pursuant to this subdivision.
(6) The population of the district for purposes of this
subdivision is the population determined as provided in section
275.14 or as certified by the department of education from the
most recent federal census.
Sec. 70. Minnesota Statutes 1986, section 278.06, is
amended to read:
278.06 [OTHER STATUTES TO APPLY.]
Sections 279.18, 279.19, 279.21, 279.23, 279.24, and 279.25
shall apply in so far as they are applicable thereto, except as
herein otherwise provided. References in those sections to
"answers" shall be understood as referring to petitions, and
references to the "delinquent list" or "list" as referring to
the tax list filed with the county treasurer.
Sec. 71. Minnesota Statutes 1986, section 295.34,
subdivision 1, is amended to read:
Subdivision 1. Except as provided in subdivision 2 every
telephone company shall file a return with the commissioner of
revenue on or before April 15 of each year, and submit payment
therewith, of the following percentages of its gross earnings of
the preceding calendar year derived from business within this
state:
(a) for gross earnings from service to rural subscribers
and from exchange business of all cities of the fourth class and
statutory cities having a population of 10,000 or less
for calendar years beginning before December 31, 1986, 4
percent,
for calendar year 1987, 3 percent,
for calendar year 1988, 1.5 percent,
for calendar year 1989, 1 percent, and
for calendar years beginning after December 31, 1989,
exempt; and
(b) for gross earnings derived from all other business
for calendar years beginning before December 31, 1986, 7
percent,
for calendar year 1987, 5.5 percent,
for calendar year 1988, 3 percent,
for calendar year 1989, 2.5 percent, and
for calendar years beginning after December 31, 1989,
exempt.
Beginning January 1, 1986, a tax shall not be imposed on
the gross earnings of a telephone company from business
originating or terminating outside of Minnesota.
The tax imposed is in lieu of all other taxes, except the
taxes imposed by chapter 290, property taxes assessed beginning
in 1987, payable in 1988, and sales and use taxes imposed as a
result of section 296.22, subdivision 13 Laws 1985, first
special session chapter 14, article 2, section 9. All money
paid by a company for connecting fees and switching charges to
any other company shall be reported as earnings by the company
to which they are paid, but shall not be deemed earnings of the
collecting and paying company. For the purposes of this
section, the population of any statutory city shall be
considered as that stated in the latest federal census.
Sec. 72. Minnesota Statutes 1986, section 297.03,
subdivision 3, is amended to read:
Subd. 3. [SECTION 6.22 16A.56 SUPERSEDED.] The provisions
of sections 297.01 to 297.13 prescribing the powers and duties
of the commissioner with relation to stamps supersede all the
provisions of Minnesota Statutes 1945, section 6.22 16A.56 in
conflict therewith.
Sec. 73. Minnesota Statutes 1986, section 297A.06, is
amended to read:
297A.06 [PERMIT.]
After compliance with sections 297A.04 and 297A.05, and
297A.28, when security is required, the commissioner shall issue
to each applicant a separate permit for each place of business
within Minnesota. A permit shall be valid until revoked but
shall not be assignable and shall be valid only for the person
in whose name it is issued and for the transaction of business
at the place designated therein. It shall at all times be
conspicuously displayed at the place for which issued.
Sec. 74. Minnesota Statutes 1986, section 297A.25,
subdivision 10, is amended to read:
Subd. 10. [PUBLICATIONS MATERIALS.] The gross receipts
from the sale of and storage, use or other consumption in
Minnesota of tangible personal property (except as provided in
section 297A.14) which is used or consumed in producing any
publication regularly issued at average intervals not exceeding
three months, and any such publication are exempt. For purposes
of this subdivision, "publication" as used herein shall include,
without limiting the foregoing, a legal newspaper as defined by
Minnesota Statutes 1965, section 331.02, and any supplements or
enclosures with or part of said newspaper; and the gross
receipts of any advertising contained therein or therewith shall
be exempt. For this purpose, advertising in any such
publication shall be deemed to be a service and not tangible
personal property, and persons or their agents who publish or
sell such newspapers shall be deemed to be engaging in a service
with respect to gross receipts realized from such newsgathering
or publishing activities by them, including the sale of
advertising. The term "publication" shall not include magazines
and periodicals sold over the counter. Machinery, equipment,
implements, tools, accessories, appliances, contrivances,
furniture and fixtures used in such publication and fuel,
electricity, gas or steam used for space heating or lighting,
are not exempt.
Sec. 75. Minnesota Statutes 1986, section 308.341, is
amended to read:
308.341 [COOPERATIVE RURAL TELEPHONE COMPANIES,
DISSOLUTION.]
Any cooperative rural telephone company organized under
Revised Statutes 1905, chapter 58, or the general laws of
Minnesota 1905, chapters 276 and 313, may dissolve by voluntary
proceedings as provided by Minnesota Statutes, sections 301.47
and 301.48, or 302A.721 to 302A.733, whenever a resolution
therefor, is adopted by a majority of the voting power of all
stockholders or shareholders at a meeting duly called for that
purpose.
Sec. 76. Minnesota Statutes 1986, section 317.03, is
amended to read:
317.03 [FOREIGN NONPROFIT CORPORATIONS, SECTIONS
APPLICABLE.]
(1) Except for this section and sections section 317.42 and
317.43 concerning merger or consolidation, this chapter does not
apply to foreign corporations.
(2) Except as provided in clauses (3) and (4) a foreign
corporation is subject to the provisions of the Minnesota
foreign corporations act, Minnesota Statutes, chapter 303.
Unless it complies with that chapter a foreign corporation shall
not transact business in this state.
(3) Sections 303.07, 303.14, 303.15, 303.22, 303.02,
subdivision 2, and 303.16, subdivision 2, clauses (6) and (7),
do not apply to foreign corporations.
(4) A foreign corporation transacting business in this
state on April 21, 1951, shall comply with this section within
one year.
Sec. 77. Minnesota Statutes 1986, section 317.65,
subdivision 6, is amended to read:
Subd. 6. [LEGAL GUARDIAN.] Unless a corporation formed to
establish and maintain homes for orphaned, homeless, abandoned,
neglected, or grossly ill-treated children is licensed as
provided by section 257.091 sections 245.781 to 245.812 and
252.28, subdivision 2, by the commissioner of human services as
a child caring agency, it may not become the legal guardian of a
child.
Sec. 78. Minnesota Statutes 1986, section 319A.03, is
amended to read:
319A.03 [FORMATION OF CORPORATION.]
One or more natural professional persons may form a
corporation pursuant to sections 301.01 to 301.67, chapter 302A,
or 317 for the purposes hereinafter set forth.
Sec. 79. Minnesota Statutes 1986, section 319A.05, is
amended to read:
319A.05 [APPLICABILITY OF CORPORATION ACTS.]
A corporation incorporating under sections 319A.01 to
319A.22 and 301.01 to 301.67, chapter 302A, or 317 shall proceed
in the manner specified in sections 301.01 to 301.67, chapter
302A, or 317. After incorporation a professional corporation
shall enjoy the powers and privileges and shall be subject to
the duties and liabilities of other corporations organized under
sections 301.01 to 301.67, chapter 302A, or chapter 317, except
insofar as the same may be limited or enlarged by sections
319A.01 to 319A.22. If any provision of sections 319A.01 to
319A.22 conflicts with the provisions of sections 301.01 to
301.67, chapter 302A, or 317, sections 319A.01 to 319A.22 take
precedence.
Sec. 80. Minnesota Statutes 1986, section 319A.12,
subdivision 1a, is amended to read:
Subd. 1a. A professional corporation may at any time by
amendment to its articles of incorporation relinquish the powers
and privileges conferred upon it by this chapter and elect to be
governed thereafter solely by the provisions of sections 301.01
to 301.67, chapter 302A, or 317. Notwithstanding any provision
of this chapter, the representative of a deceased or incompetent
shareholder of a professional corporation shall have authority
to vote the deceased or incompetent shareholder's shares on the
question of adopting such an amendment.
Sec. 81. Minnesota Statutes 1986, section 319A.12,
subdivision 2, is amended to read:
Subd. 2. If within 90 days following the date of death of
a shareholder or member of a professional corporation or the
loss of a license to render professional service all of the
shares or membership owned by the deceased or disqualified
shareholder or member have not been transferred to and acquired
by the corporation or persons qualified to own the shares or
membership, the corporation shall thereafter be governed solely
by the provisions of sections 301.01 to 301.67, chapter 302A, or
317 and shall not enjoy any of the powers and privileges
conferred by sections 319A.01 to 319A.22. When the corporation
ceases to be authorized to render professional service, its
corporate name must be changed to comply with the corporate name
provision of sections 301.01 to 301.67, chapter 302A, or 317,
and any words, phrases or abbreviations contained therein to
comply with the provisions of sections 319A.01 to 319A.22 shall
be eliminated.
Sec. 82. Minnesota Statutes 1986, section 327.18,
subdivision 3, is amended to read:
Subd. 3. [PROCEDURE FOR HEARING AND APPEAL.] The procedure
for hearings or for appeals from the orders of the department or
of the commissioner where provided in sections 327.14 to 327.29
327.28 shall be in accordance with Minnesota Statutes 1961,
chapter 15 as amended sections 14.01 to 14.69.
Sec. 83. Minnesota Statutes 1986, section 355.311,
subdivision 1, is amended to read:
Subdivision 1. [ELECTION OF SOCIAL SECURITY COVERAGE.] Any
member of the basic program of the Minneapolis employees
retirement fund established under the provisions of chapter 422A
shall be entitled to elect social security coverage retroactive
to July 1, 1978 in a second social security referendum. Any
member who so elects shall become a member of the coordinated
program of the public employees retirement association and
sufficient assets shall be transferred by the board of trustees
of the Minneapolis employees retirement fund to the coordinated
program of the public employees retirement association pursuant
to Minnesota Statutes 1980, section 353.023.
Sec. 84. Minnesota Statutes 1986, section 361.26,
subdivision 2, is amended to read:
Subd. 2. (a) Upon request of a county, city or town, the
commissioner may, on determining it to be in the public
interest, establish rules relating to the use of watercraft on
waters of this state which border upon or are within, in whole
or in part, the territorial boundaries of the governmental unit.
(b) Such rules shall be established in the manner provided
by Minnesota Statutes 1969, sections 15.0411 to 15.0422 14.02 to
14.62, but shall not be submitted to the attorney general nor
filed with the secretary of state until first approved by
resolutions of the county boards of a majority of the counties
affected by the proposed rules.
(c) Such rules may restrict any or all of the following:
(1) the type and size of watercraft and size of motor which may
use the waters affected by the rule, (2) the areas of water
which may be used by watercraft, (3) speed of watercraft, (4)
times permitted for use of watercraft, or (5) minimum distance
between watercraft. When establishing rules the commissioner
shall consider the physical characteristics of the waters
affected, their historical uses, shoreland uses and
classification, and any other features unique to the waters
affected by the rules.
(d) The commissioner shall inform the users of the waters
of the rules affecting them at least two weeks before the
effective date of the rules by distributing copies of the rules
and by posting of the public accesses of the waters. However,
the failure of the commissioner to comply with this paragraph
shall not affect the validity of the rules or any conviction for
violation of the rules.
(e) The cost of publishing rules and of marking and posting
waters pursuant to this subdivision shall be paid by the
counties affected by the rules, as apportioned by the
commissioner.
(f) Regulations or ordinances relating to the use of waters
of this state enacted by a local governmental unit before
January 1, 1972 shall continue in effect until repealed by the
local governmental unit or superseded by a rule of the
commissioner promulgated pursuant to this subdivision.
Sec. 85. Minnesota Statutes 1986, section 383B.035,
subdivision 1, is amended to read:
Subdivision 1. Notwithstanding the provisions of Minnesota
Statutes 1969, section 203.43 204B.32, which relates to election
expenses, whenever the board of county commissioners of Hennepin
county shall duly provide for a special election to be held
within said Hennepin county, all of the expenses necessarily
incurred by the several municipalities, home rule charter or
statutory cities, and townships within the county of Hennepin
concerning such special election, shall be paid by the county of
Hennepin upon a resolution duly adopted by the board of county
commissioners for Hennepin county providing for such payment of
special election expenses.
Sec. 86. Minnesota Statutes 1986, section 383B.237, is
amended to read:
383B.237 [LIBRARY SYSTEM.]
Notwithstanding the provisions of section 375.33, The
Hennepin county board of commissioners may establish and
maintain a system of public libraries for the free use of the
residents of the county. The board shall determine the
locations of the libraries, and may levy taxes for library
operations and maintenance on all taxable property within the
county which was not taxed in 1980 by the city of Minneapolis
for the support of any free public library. The county may
acquire, lease, construct, alter or contract for the use of any
real or personal property necessary for the establishment and
operation of a free county library system. Acquisition of real
property may be undertaken in accordance with chapter 117.
Sec. 87. Minnesota Statutes 1986, section 383C.76, is
amended to read:
383C.76 [SURPLUS COMMODITIES; PURCHASE BY COUNTY
EMPLOYEES.]
Notwithstanding the provisions of Minnesota Statutes 1965,
section 15.055 15.054 or any other law to the contrary, in St.
Louis county, county employees may purchase surplus commodities
which are produced, grown or manufactured on or in St. Louis
county institutions.
Sec. 88. Minnesota Statutes 1986, section 386.71, is
amended to read:
386.71 [LICENSED ABSTRACTERS, ACCESS TO PUBLIC RECORDS.]
Except as provided in Laws 1974, Chapter 435, Section 3.11
(c), Licensed abstracters shall have access during ordinary
office hours to the public records in the office of the county
recorder in the county in which such abstracter is authorized to
function, to make such memoranda, microfilm, photostats,
photographs, or notations from the records thereof as may be
necessary for the purpose of making or compiling abstracts,
continuations thereof, or issuing certificates showing ownership
of, or interest in, or liens upon any lands in the state,
whether registered or not, and the compiling, posting, copying
and keeping up their abstract books, indices, or other records
necessary to carry on or perform the duties and functions of a
licensed abstracter, provided that such access during ordinary
office hours shall in no manner hinder or interfere with the
public officer in the performance of official duties.
Sec. 89. Minnesota Statutes 1986, section 393.13,
subdivision 1, is amended to read:
Subdivision 1. Upon providing services pursuant to section
252.27, 260.251, subdivision 1a, 261.27 or 393.07, subdivision 1
or 2 to any person having private health care coverage, the
county agency shall be subrogated, to the extent of the cost of
services provided, to any rights the person may have under the
terms of any private health care coverage. The right of
subrogation does not attach to benefits paid or provided under
private health care coverage prior to the receipt of written
notice of the exercise of subrogation rights by the carrier
issuing the health care coverage.
Sec. 90. Minnesota Statutes 1986, section 412.381, is
amended to read:
412.381 [REPORTS.]
The accounting officer of the commission shall make such
monthly or annual statements of operation as the commission may
require. A copy of each such report shall be filed in the office
of the city clerk. An annual financial report shall be made and
a copy filed with the clerk at the close of the calendar year
and shall be included as part of the annual financial report or
statement of the clerk in conformity with section 412.281
471.697 or 471.698. The cost of publication of any other
official statement required by law to be published shall be paid
from public utility funds.
Sec. 91. Minnesota Statutes 1986, section 412.501, is
amended to read:
412.501 [PARK BOARD IN CERTAIN STATUTORY CITIES;
CONTINUANCE OF EXISTING BOARD; OFFICERS; COMPENSATION.]
The council of any city of more than 1,000 population may
by ordinance establish a park board and it may by ordinance
adopted by unanimous vote of all members of the council abolish
any board thus established. Any park board now in existence in
any city shall hereafter operate as a park board under this
chapter until abolished as provided in this section. The park
board shall consist of three, five, seven or nine members as
determined by resolution or ordinance of the council, appointed
by the mayor with the consent of the council. If the board
consists of three members, one member of the original board
shall serve for a term of one year, one for a term of two years,
and one for a term of three years. If the board consists of
five members, one member of the original board shall serve a
term of one year, two for a term of two years and two for a term
of three years. If the board consists of seven members, two
members of the original board shall serve a term of one year,
two for a term of two years and three for a term of three
years. If the board consists of nine members, three members of
the original board shall serve a term of one year, three for a
term of two years and three for a term of three years. After
the terms of the original board members expire, members shall be
appointed for terms of three years. The number of members may
be increased or decreased within the permitted three, five,
seven or nine members by subsequent resolution or ordinance.
The resolution or ordinance shall include a provision for
maintaining staggered terms for board members, provided that if
the number of members is reduced the reduction shall be effected
in such a manner that all incumbent members are permitted to
serve their full terms.
No action to change the size of the board shall be taken
except upon a two-thirds vote of all the members of the city
council, and no such action shall be taken until at least three
years after establishment of the board or until at least three
years after the last resolution or ordinance modifying the size
of the board. Vacancies shall be filled for the remainder of
the original terms. Each member shall serve until a successor
is appointed and qualifies. Members shall serve without
compensation unless the council authorizes compensation which
may not exceed $100 per year for each member. Any member may be
removed by the mayor with the consent of the council for cause
after a hearing. The board shall choose one of its members as
chair and may select a secretary either from among its own
members or otherwise and fix the secretary's compensation at not
to exceed $500 per year. The board may adopt and from time to
time amend rules of procedure. It shall make quarterly reports
of its activities to the council. The city attorney, if there
is one, shall act as attorney for the board. An annual
statement of its receipts and disbursements shall be filed with
the clerk immediately after the close of the calendar year and
shall be included as part of the annual financial report or
statement of the clerk in conformity with section 412.281
471.697 or 471.698.
Sec. 92. Minnesota Statutes 1986, section 447.42,
subdivision 2, is amended to read:
Subd. 2. Community residential facilities established
under this section may be administered by a nonprofit
corporation, by the political subdivision establishing same or
by a community mental health-mental retardation health center
board organized under sections section 245.66 and 245.67.
Sec. 93. Minnesota Statutes 1986, section 458A.03,
subdivision 8, is amended to read:
Subd. 8. [LEGAL STATUS; GENERAL POWERS.] The transit area,
with the commission as its governing body, shall be a public
corporation and a political subdivision of the state. All the
powers vested and obligations or duties imposed upon the
commission and acts of the commission by sections 458A.01 to
458A.15 shall be deemed to be those of the transit area wherever
necessary or appropriate, and shall be exercised, performed, and
discharged in behalf of the area by the commission in its name
as a public corporation and with like force and effect as if
done in the name of the area, and for all such purposes, the
commission shall have the same status and powers as the area.
The chair and secretary of the commission shall have such powers
as are delegated to them by the commission. The commission may
sue and be sued and may enter into contracts which may be
necessary or proper.
The commission may operate paratransit services, as defined
in section 174.22, subdivision 6, may apply for and receive
financial assistance under the paratransit service demonstration
grant program established by section 174.25, and may exercise
such other powers conferred upon it by sections 458A.01 to
458A.15, including the power to acquire property, as may be
necessary and proper to operation of such services or the
application for and receipt of such assistance.
Except as otherwise provided, the commission may, within
the transit area, acquire by purchase, lease, gift, or
condemnation proceedings any real or personal property,
franchises, easements, or other rights which may be necessary or
proper and may acquire real property in such manner for use as
terminal facilities, maintenance and garage facilities, ramps,
parking areas and other facilities useful for or related to any
public transit system. The commission shall have power to
acquire by purchase, lease, or gift all or any part of the
plant, equipment, shares of stock, property, real, personal, or
mixed, rights in property, reserve funds, special funds,
franchises, licenses, patents, permits and papers, documents and
records belonging to any operator of a public transit system
within the area, and to lease property and to transfer or convey
by sale or otherwise any property or rights to others, or to
exchange the same for other property or rights which are useful
for its purposes, and may in connection therewith assume any or
all liabilities of any operator of a public transit system. The
commission, without limitation, may acquire or construct and
equip terminal facilities, maintenance and garage facilities,
ramps, transit lanes or rights of way, parking areas and other
facilities useful for or related to any public transit system
and may hold, use, improve, operate, maintain, lease, sell, or
otherwise dispose of any of its property to others and may
contract with any operator or other person for the use by any
such operator or person of any such property or facilities under
its control. The commission shall not acquire any existing
public transit system or any part thereof by condemnation. In
the determination of the fair value of the existing public
transit system, there shall not be included any value
attributable to expenditures for improvements by the transit
commission.
The commission may accept gifts, grants, or loans of money
or other property from the United States, the state, or any
person or entity for such purposes, may enter into any agreement
required in connection therewith, may comply with any federal or
state laws or regulations applicable thereto, and may hold, use,
and dispose of such money or property in accordance with the
terms of the gift, grant, loan, or agreement relating thereto.
The commission may establish an executive committee, a finance
committee, and such other committees of its members as it deems
necessary or proper in furtherance of the provisions of sections
458A.01 to 458A.15, and may authorize them to exercise in the
intervals between commission meetings any powers of the
commission except those expressly required by law to be
exercised by the commission.
Sec. 94. Minnesota Statutes 1986, section 458C.17, is
amended to read:
458C.17 [SECTIONS THAT APPLY IF FEDERAL LIMIT APPLIES.]
Sections 474.16 to 474.23 474A.01 to 474A.21 apply to
obligations issued under sections 458C.01 to 458C.23 that are
limited by a federal volume limitation act defined in
section 474.16, subdivision 5 474A.02, subdivision 9, or
existing federal tax law as defined in section 474A.02,
subdivision 8.
Sec. 95. Minnesota Statutes 1986, section 462.601, is
amended to read:
462.601 [MINNESOTA BUSINESS CORPORATION ACT APPLIES IN
PART.]
The provisions of sections 301.01 to 301.61 and chapter
302A shall apply to redevelopment companies, except where those
provisions are in conflict with the provisions of sections
462.415 to 462.705. In the event that any action with respect
to which the holders of income debentures shall have the right
to vote is proposed to be taken, then notice of any meeting at
which such action is proposed to be taken shall be given to
those holders in the same manner [and] to the same extent as if
they were stockholders entitled to notice of and to vote at such
meeting, and any certificate filed pursuant to law in the
department of state with respect to any such action, whether
taken with or without meeting, and any affidavit required by law
to be annexed to that certificate, shall contain the same
statements or recitals, and the certificate shall be subscribed
and acknowledged, and the affidavit shall be made in the same
manner as if those holders were stockholders holding shares of
an additional class of stock entitled to vote on that action, or
with respect to the proceedings provided for in the certificate.
Sec. 96. Minnesota Statutes 1986, section 462.605, is
amended to read:
462.605 [POWERS OF REDEVELOPMENT COMPANY.]
Each redevelopment company shall have and may exercise such
of the powers conferred by sections 301.01 to 301.61 and chapter
302A or, in cities of the first class, the Minnesota uniform
limited partnership act as shall be necessary in conducting the
business of a redevelopment company and consistent with the
provisions of sections 462.415 to 462.705.
Sec. 97. Minnesota Statutes 1986, section 462A.04,
subdivision 8, is amended to read:
Subd. 8. The agency shall be under the administrative
control of an executive director which office is established.
The executive director shall be appointed by the governor under
the provisions of section 15.06.
The executive director may appoint a deputy director. The
executive director may further appoint such permanent and
temporary employees as the executive director deems necessary
subject to the approval of the commissioner of employee
relations. All permanent employees of the agency, except the
executive director, deputy director, and additional positions
established pursuant to section 43A.08, subdivision 1a are in
the classified civil service. Notwithstanding section 16A.752
or any other provision of law to the contrary, any approved
complement established by law for the agency shall not be
reduced as a result of vacancies in approved positions. No
additional deputy commissioner positions may be created.
Sec. 98. Minnesota Statutes 1986, section 462A.05,
subdivision 18, is amended to read:
Subd. 18. It may make loans to "nonprofit" sponsors as
defined by the agency, with or without interest, and with such
security for repayment, if any, as the agency determines
reasonably necessary and practicable, solely from the housing
development fund in accordance with the provisions of section
462A.21, subdivision 9, to encourage innovations in the
development or rehabilitation of single and multifamily
residential housing including the demonstration of new
techniques for energy efficient construction. It may make loans
to for-profit sponsors pursuant to this subdivision, provided
that the agency shall make the loan with interest at a rate
determined by the agency.
It shall promulgate rules, in accordance with the
provisions of sections 14.01 to 14.70 chapter 14, relating to
the administration of the loans authorized by this subdivision.
The rules may define types of projects eligible for loans,
criteria for selecting between eligible loans, terms of the
loans including interest rates and loan periods, and other
characteristics that the agency deems necessary to administer
the program.
Sec. 99. Minnesota Statutes 1986, section 471.467,
subdivision 1, is amended to read:
Subdivision 1. On the date on which rules promulgated by
the commissioner of administration regarding building
requirements for handicapped persons shall become effective,
said rules shall exclusively govern the provision of
facilities. However, until such date, the rules governing the
provision of facilities for the handicapped to be applied to all
buildings and facilities shall be those promulgated by the
Minnesota state fire marshal entitled, "Rules Relating to Public
Buildings: Providing Accessibility and Usability Features for
Physically Handicapped Persons Pursuant to Minnesota Statutes,
Section 73.57 et seq., as Amended, October 16, 1969, as Amended."
Sec. 100. Minnesota Statutes 1986, section 471.74,
subdivision 2, is amended to read:
Subd. 2. The governing body of any municipality issuing
bonds under sections 471.71 to 471.83 shall, at the time of the
issuance thereof, by resolution, provide for a levy of taxes for
the payment thereof, such levy to be in accordance with the
provisions of chapter 475. Levies for the payment of these
bonds shall be within the limitations upon tax levies for the
payment of funding bonds in the particular municipality issuing
the bonds. Such levies shall be subject to the provisions of
sections 275.11, and 275.125, 275.31, and 275.35, to the extent
that these sections are applicable to the municipality issuing
such bonds. In all cases the levies for these bonds shall be
spread by the county auditor in full and the levy of the
municipality for other purposes shall be reduced, if necessary,
so that the total amount levied for the municipality does not
exceed said limitations.
Sec. 101. Minnesota Statutes 1986, section 473.149,
subdivision 4, is amended to read:
Subd. 4. [ADVISORY COMMITTEE.] The council shall establish
an advisory committee to aid in the preparation of the policy
plan, the performance of the council's responsibilities under
subdivisions 2 to 2e, the review of county master plans and
reports and applications for permits for waste facilities, under
sections 473.151 and 473.801 to 473.823 and sections 473.827,
473.831 and 473.833, and other duties determined by the
council. The committee shall consist of one-third citizen
representatives, one-third representatives from metropolitan
counties and municipalities, and one-third representatives from
private waste management firms. From at least the date that the
council adopts the inventory under subdivision 2b to the date
that the council adopts a development schedule under subdivision
2e, for the purpose only of participating in the preparation of
the legislative report required by subdivision 2c, the land
disposal abatement plan required by subdivision 2d, and the
development schedule required by subdivision 2e, additional
members shall be included on the advisory committee sufficient
to assure that at least one-third of the members of the
committee are residents of cities or towns containing eligible
solid waste disposal sites included in the council's disposal
site inventory, and that counties containing three sites have at
least two additional members and counties containing one or two
sites have at least one additional member. A representative
from the pollution control agency, one from the waste management
board established under section 115A.04, and one from the
Minnesota health department shall serve as ex officio members of
the committee.
Sec. 102. Minnesota Statutes 1986, section 473.181,
subdivision 3, is amended to read:
Subd. 3. [METROPOLITAN TRANSIT COMMISSION.] The council
shall review acquisition of public transit systems and the
issuance of revenue bonds by the metropolitan transit commission
pursuant to sections section 473.405, subdivision 5, and
473.438, subdivision 7.
Sec. 103. Minnesota Statutes 1986, section 473.811,
subdivision 6, is amended to read:
Subd. 6. [GRANTS AND LOANS TO COUNTIES.] Each metropolitan
county may accept gifts, may apply for and accept grants or
loans of money or other property from the United States, the
state, the metropolitan council, any local government unit, or
any person, to accomplish the purposes specified in sections
473.149, 473.151, 473.801 to 473.823, 473.827, 473.831, 473.833,
and 473.834, may enter into any agreement required in connection
therewith, and may hold, use, and dispose of the money or
property in accordance with the terms of the gift, grant, loan
or agreement relating thereto.
Sec. 104. Minnesota Statutes 1986, section 473.811,
subdivision 7, is amended to read:
Subd. 7. [JOINT ACTION.] Any local governmental unit or
metropolitan agency may act together with any county, city, or
town within or without the metropolitan area, or with the
pollution control agency or the waste management board under the
provisions of section 471.59 or any other appropriate law
providing for joint or cooperative action between government
units, to accomplish any purpose specified in sections 473.149,
473.151, 473.801 to 473.823, 473.827, 473.831, 473.833, 473.834,
116.05 and 115A.06.
Any agreement regarding data processing services relating
to the generation, management, identification, labeling,
classification, storage, collection, treatment, transportation,
processing or disposal of waste and entered into pursuant to
section 471.59, or other law authorizing joint or cooperative
action may provide that any party to the agreement may agree to
defend, indemnify and hold harmless any other party to the
agreement providing the services, including its employees,
officers or volunteers, against any judgments, expenses,
reasonable attorney's fees and amounts paid in settlement
actually and reasonably incurred in connection with any third
party claim or demand arising out of an alleged act or omission
by a party to the agreement, its employees, officers or
volunteers occurring in connection with any exchange, retention,
storage or processing of data, information or records required
by the agreement. Any liability incurred by a party to an
agreement under this subdivision shall be subject to the
limitations set forth in section 3.736 or 466.04.
Sec. 105. Minnesota Statutes 1986, section 473.811,
subdivision 8, is amended to read:
Subd. 8. [COUNTY SALE OR LEASE.] Each metropolitan county
may sell or lease any facilities or property or property rights
previously used or acquired to accomplish the purposes specified
by sections 473.149, 473.151, 473.801 to 473.823, 473.827,
473.831, 473.833, and 473.834. Such property may be sold in the
manner provided by section 458.196, or may be sold in the manner
and on the terms and conditions determined by the county board.
Each metropolitan county may convey to or permit the use of any
such property by a local government unit, with or without
compensation, without submitting the matter to the voters of the
county. No real property or property rights acquired pursuant
to this section, may be disposed of in any manner unless and
until the county shall have submitted to the agency and the
metropolitan council for review and comment the terms on and the
use for which the property will be disposed of. The agency and
the council shall review and comment on the proposed disposition
within 60 days after each has received the data relating thereto
from the county.
Sec. 106. Minnesota Statutes 1986, section 473.811,
subdivision 9, is amended to read:
Subd. 9. [SOLID AND HAZARDOUS WASTE FUND.] All moneys
received by any metropolitan county from any source specified in
sections 473.149, 473.151, 473.801 to 473.823, 473.827, 473.831,
473.833, and 473.834 shall be paid into the county treasury,
placed in a special fund designated as the county solid and
hazardous waste fund, and used only for the purposes authorized
in those sections, as appropriated by the county board, subject
to any lawful restrictions, conditions, or pledges applicable
thereto.
Sec. 107. Minnesota Statutes 1986, section 473F.06, is
amended to read:
473F.06 [INCREASE IN ASSESSED VALUATION.]
On or before September 1 of 1976 and each subsequent year,
the auditor of each county in the area shall determine the
amount, if any, by which the assessed valuation determined in
the preceding year pursuant to section 473F.05, of
commercial-industrial property subject to taxation within each
municipality in the auditor's county exceeds the assessed
valuation in 1971 of commercial-industrial property subject to
taxation within that municipality. If a municipality is located
in two or more counties within the area, the auditors of those
counties shall certify the data required by sections 473F.04 and
section 473F.05 to the county auditor who is responsible under
other provisions of law for allocating the levies of that
municipality between or among the affected counties. That
county auditor shall determine the amount of the net excess, if
any, for the municipality under this section, and certify that
amount under section 473F.07. Notwithstanding any other
provision of sections 473F.01 to 473F.13 to the contrary, in the
case of a municipality which is designated on July 24, 1971, as
a redevelopment area pursuant to section 401(a)(4) of the Public
Works and Economic Development Act of 1965, Public Law Number
89-136, the increase in its assessed valuation of
commercial-industrial property for purposes of this section
shall be determined in each year subsequent to the termination
of such designation by using as a base the assessed valuation of
commercial-industrial property in that municipality in the year
following that in which such designation is terminated, rather
than the assessed valuation of such property in 1971. The
increase in assessed valuation determined by this section shall
be reduced by the amount of any decreases in the assessed
valuation of commercial-industrial property resulting from any
court decisions, court related stipulation agreements, or
abatements for a prior year, and only in the amount of such
decreases made during the 12 month period ending on June 30 of
the current assessment year, where such decreases, if originally
reflected in the determination of a prior year's valuation under
section 473F.05, would have resulted in a smaller contribution
from the municipality in that year. An adjustment for such
decreases shall be made only if the municipality made a
contribution in a prior year based on the higher valuation of
the commercial-industrial property.
Sec. 108. Minnesota Statutes 1986, section 473F.07,
subdivision 1, is amended to read:
Subdivision 1. Each county auditor shall certify the
determinations pursuant to sections 473F.04, 473F.05, and
473F.06 to the administrative auditor on or before November 20
of each year. The administrative auditor shall determine the
sum of the amounts certified pursuant to section 473F.06, and
divide that sum by 2-1/2. The resulting amount shall be known
as the "areawide tax base for ........(year)."
Sec. 109. Minnesota Statutes 1986, section 473F.09, is
amended to read:
473F.09 [ADJUSTMENTS IN DATES.]
If, by reason of the enactment of any other law, the date
by which the commissioner of revenue is required to certify to
the county auditors the records of proceedings affecting the
assessed valuation of property is advanced to a date earlier
than November 15, the dates specified in sections 473F.04 to
473F.07 and 473F.10 may be modified in the years to which such
other law applies in the manner and to the extent prescribed by
the administrative auditor.
Sec. 110. Minnesota Statutes 1986, section 609.687,
subdivision 4, is amended to read:
Subd. 4. [CHARGING DISCRETION.] Criminal proceedings may
be instituted under this section, notwithstanding the provisions
of sections 24.141, 24.28, 29.24, 31.02, 31.405, 31.601, 34.01,
151.34, 340.142 340A.508, subdivision 2, or other law
proscribing adulteration of substances intended for use by
persons.
Sec. 111. Minnesota Statutes 1986, section 611.14, is
amended to read:
611.14 [RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.]
The following persons who are financially unable to obtain
counsel, shall be entitled to be represented by a public
defender:
(a) a person charged with a felony or gross misdemeanor,
including a person charged pursuant to sections 629.01 to 629.29;
(b) a person appealing from a conviction of a felony or
gross misdemeanor, or a person convicted of a felony or gross
misdemeanor who is pursuing a postconviction proceeding, after
the time for appeal from the judgment has expired;
(c) a person who is entitled to be represented by counsel
pursuant to the provisions of section 609.14, subdivision 2, or
section 609.16;
(d) a minor who is entitled to be represented by counsel
pursuant to the provisions of section 260.155, subdivision 2, if
the judge of the juvenile court concerned has requested and
received the approval of a majority of the district court judges
of the judicial district to utilize the services of the public
defender in such cases, and approval of the compensation on a
monthly, hourly or per diem basis to be paid for such services
pursuant to section 260.251, subdivision 2, clause (e); or
(e) a person, entitled by law to be represented by counsel,
charged with an offense within the trial jurisdiction of a
municipal, county, or probate court, if the trial judge or a
majority of the trial judges of the court concerned have
requested and received approval of a majority of the district
court judges of the judicial district to utilize the services of
the public defender in such cases and approval of the
compensation on a monthly, hourly or per diem basis to be paid
for such services by the county or municipality within the
court's jurisdiction.
Sec. 112. Minnesota Statutes 1986, section 626A.05,
subdivision 2, is amended to read:
Subd. 2. [OFFENSES FOR WHICH INTERCEPTION OF WIRE OR ORAL
COMMUNICATION MAY BE AUTHORIZED.] A warrant authorizing
interception of wire or oral communications by investigative or
law enforcement officers may only be issued when the
interception may provide evidence of the commission of gambling
or any criminal felony offense involving murder, manslaughter,
aggravated assault in the first or second degree, aggravated
robbery, kidnapping, aggravated rape criminal sexual conduct in
the first, second, third, or fourth degree, prostitution,
bribery, perjury, escape from custody, theft, receiving stolen
property, embezzlement, burglary in the first, second, or third
degree, forgery, aggravated forgery, and offenses relating to
controlled substances, or an attempt or conspiracy to commit any
of these offenses, as punishable under sections 609.185, 609.19,
609.195, 609.20, 609.225 609.221, 609.222, 609.245,
609.25, 609.291 609.342, 609.343, 609.344, 609.345, 609.321 to
609.324, 609.42, 609.48, 609.485, subdivision 4, clause (1),
609.52, 609.53, 609.54, 609.58 609.582, 609.625, 609.63, 609.76,
609.825, and chapter 152.
Sec. 113. [REPEALER.]
Minnesota Statutes 1986, sections 193.145, subdivision 3;
and 325D.69, subdivision 1, are repealed.
<$eject>
ARTICLE 3
MISCELLANEOUS CORRECTIONS
Section 1. [CORRECTION.]
Subdivision 1. [OMITTED TEXT.] Minnesota Statutes 1986,
section 32.394, subdivision 8, as amended by 1987 H.F. No. 303,
article 11, section 11, is amended to read:
Subd. 8. [EXPLORATORY PRELIMINARY INSPECTIONS GRADE A
INSPECTION FEES.] Any A processor or marketing organization of
milk, milk products, sheep milk, or goat milk who wishes to
learn about and acquaint producers with market Grade A
requirements may make a request to the commissioner for
exploratory inspections and meetings for this purpose. Upon
receipt of such request, the commissioner at a convenient time
shall cause such exploratory inspections to be made and such
meetings to be held as are necessary to acquaint said processor
and producers with such requirements. If, after such
exploratory inspections are made and such meetings are held and
when in the processor's opinion the processor's field service
has brought producers into compliance with said requirements,
said processor wishes further inspection service, the processor
shall so milk or use the Grade A label must apply on a form
furnished by for Grade A inspection service from the
commissioner, stating the number of farms to be inspected. Such
applications shall be accompanied by a fee payable to the state
treasurer in an amount of not less than $50 and not more than
$300, which fee is to be charged for preliminary inspection
prior to continuous inspection, and assessments over $50 are to
be determined by charging $1 for each farm over 50, but shall
not exceed $300 if more than 300 farms are inspected; provided
that, if the plant and farms are accepted for continuous
inspection, this charge shall be made only once. If the
preliminary inspection discloses that the processor is eligible
for use of the Grade A label on products and before the
processor so labels said products, the processor shall apply for
continuous inspection on a form furnished by the commissioner
and shall hold a Grade A permit. Such application shall be
accompanied by a fee of not less than $100 nor more than $500
per plant and of not less than $15 nor more than $50 per farm,
said fee to be paid annually. A pasteurization plant requesting
Grade A inspection service must hold a Grade A permit and pay an
annual inspection fee of no more than $500. For Grade A farm
inspection service, the fee must be no more than $66 per farm,
paid annually by the processor or by the marketing organization
on behalf of its patrons. For a farm requiring a reinspection
in addition to the required biannual inspections, an additional
fee of no more than $33 per reinspection must be paid by the
processor or by the marketing organization on behalf of its
patrons. If the commissioner deems it necessary to more nearly
meet the cost of the service, the commissioner may annually
adjust the assessments within the limits set herein in this
subdivision. No fee increase may be implemented until after the
commissioner has held three or more public hearings.
Subd. 2. [OMITTED TEXT.] Minnesota Statutes 1986, section
32.394, subdivision 8b, as amended by 1987 H.F. No. 303, article
11, section 12, is amended to read:
Subd. 8b. [MANUFACTURING GRADE FARM CERTIFICATION.] A
processor or marketing organization of milk, milk products,
sheep milk, or goat milk, other than Grade A, who wishes to
obtain market other than Grade A milk must apply for a
manufacturing grade farm certification, shall make a request to
inspection from the commissioner for a farm certification
inspection. A processor who requests and receives a farm
certification inspection shall pay a fee to the commissioner for
the certification of the milk supply. A manufacturing plant
that pasteurizes milk or milk byproducts must pay an annual fee
based on the number of pasteurization units. This fee must not
exceed $140 per unit. The fee for farm certification inspection
must not be more than $33 per farm to be paid annually by the
processor or by the marketing organization on behalf of its
patrons. For a farm requiring more than the one annual
inspection required for certification, an additional fee of no
more than $33 must be paid by the processor or by the marketing
organization on behalf of its patrons. The fee shall must be
set by the commissioner in an amount necessary to meet the cost
of the service for farm certification, which fee shall but must
not exceed 50 percent of the fees charged for Grade A permits
the limits in this subdivision. No fee increase may be
implemented until after the commissioner has held three or more
public hearings.
Subd. 3. [EFFECTIVE DATE.]
Subdivisions 1 and 2 are effective the day after final
enactment.
Sec. 2. Minnesota Statutes 1986, section 161.1419,
subdivision 4, is amended to read:
Subd. 4. Members of the commission shall serve without
Compensation but shall be allowed and paid their actual
traveling and other expenses necessarily incurred in the
performance of their duties of legislative members of the
commission is as provided in section 3.101. Compensation of the
remaining members is as provided in section 15.0575. The
commission may purchase supplies, employ part-time or full-time
employees, and do all things reasonably necessary and convenient
in carrying out the purposes of this section. Reimbursement for
expenses incurred shall be made pursuant to the rules governing
state employees.
Sec. 3. Minnesota Statutes 1986, section 176.442, as
amended by 1987 H.F. No. 913, section 94, is amended to read:
176.442 [APPEALS FROM DECISIONS OF COMMISSIONER.]
Except for a commissioner's decision which may be heard de
novo in another proceeding including but not limited to a
decision from an administrative conference under section
176.102, 176.103, 36, 73 25, 66, or a summary decision under
section 176.305, any decision or determination of the
commissioner affecting a right, privilege, benefit, or duty
which is imposed or conferred under this chapter is subject to
review by the workers' compensation court of appeals. A person
aggrieved by the determination may appeal to the workers'
compensation court of appeals by filing a notice of appeal with
the commissioner in the same manner and within the same time as
if the appeal were from an order or decision of a compensation
judge to the workers' compensation court of appeals.
Sec. 4. Minnesota Statutes 1986, section 176.83,
subdivision 7, as amended by 1987 S.F. No. 913, is amended to
read:
Subd. 7. [MISCELLANEOUS RULES.] Rules necessary for
implementing and administering the provisions of sections
176.131, 176.132, 176.134, sections 52 65 and 53 66; sections
176.251, 176.66 to 176.669, and rules regarding proper
allocation of compensation under section 176.111. Under the
rules adopted under section 176.111 a party may petition for a
hearing before a compensation judge to determine the proper
allocation. In this case the compensation judge may order a
different allocation than prescribed by rule.
Sec. 5. Minnesota Statutes 1986, section 256D.05,
subdivision 1, as amended by 1987 H.F. No. 243, section 31, is
amended to read:
Subdivision 1. [ELIGIBILITY.] (a) Each person or family
whose income and resources are less than the standard of
assistance established by the commissioner shall be eligible for
and entitled to general assistance if the person or family is:
(1) a person who is suffering from a permanent or temporary
illness, injury, or incapacity which is medically certified and
which prevents the person from obtaining or retaining employment;
(2) a person whose presence in the home on a substantially
continuous basis is required because of the certified illness,
injury, incapacity, or the age of another member of the
household;
(3) a person who has been placed in a licensed or certified
facility for purposes of physical or mental health or
rehabilitation, or in an approved chemical dependency
domiciliary facility, if the placement is based on illness or
incapacity and is pursuant to a plan developed or approved by
the local agency through its director or designated
representative;
(4) a person who resides in a shelter facility described in
subdivision 3;
(5) a person who is or may be eligible for displaced
homemaker services, programs, or assistance under section
268.96, but only if that person is enrolled as a full-time
student;
(6) a person who is unable to secure suitable employment
due to inability to communicate in the English language,
provided that the person is not an illegal alien, and who, if
assigned to a language skills program by the local agency, is
participating in that program;
(7) a person not described in clause (1) or (3) who is
diagnosed by a licensed physician or licensed consulting
psychologist as mentally retarded or mentally ill, and that
condition prevents the person from obtaining or retaining
employment;
(8) a person who has an application pending for the social
security disability program or the program of supplemental
security income for the aged, blind, and disabled, or who has
been terminated from either program and has an appeal from that
termination pending;
(9) a person who is unable to obtain or retain employment
because advanced age significantly affects the person's ability
to seek or engage in substantial work;
(10) a person completing a secondary education program;
(11) a family with one or more minor children; provided
that, if all the children are six years of age or older, all the
adult members of the family register for and cooperate in the
work readiness program under section 256D.051; and provided
further that, if one or more of the children are under the age
of six and if the family contains more than one adult member,
all the adult members except one adult member register for and
cooperate in the work readiness program under section 256D.051.
The adult members required to register for and cooperate with
the work readiness program are not eligible for financial
assistance under section 256D.051, except as provided in section
256D.051, subdivision 6, and shall be included in the general
assistance grant. If an adult member fails to cooperate with
requirements of section 256D.051, the local agency shall not
take that member's needs into account in making the grant
determination. The time limits of section 256D.051,
subdivisions 4 and 5, do not apply to people eligible under this
clause;
(12) a person who has substantial barriers to employment,
including but not limited to factors relating to work or
training history, as determined by the local agency in
accordance with permanent or emergency rules adopted by the
commissioner after consultation with the commissioner of jobs
and training;
(13) a person who is certified by the commissioner of jobs
and training before August 1, 1985, as lacking work skills or
training or as being unable to obtain work skills or training
necessary to secure employment, as defined in a permanent or
emergency rule adopted by the commissioner of jobs and training
in consultation with the commissioner;
(14) a person who is determined by the local agency, in
accordance with emergency and permanent rules adopted by the
commissioner, to be functionally illiterate or learning disabled;
(15) a person who is determined by the local agency, in
accordance with emergency and permanent rules adopted by the
commissioner, to be functionally illiterate, provided that the
person complies with literacy training requirements set by the
local agency under section 32. A person who is terminated for
failure to comply with literacy training requirements may not
reapply for assistance under this clause for 60 days. The local
agency must provide an oral explanation to the person of the
person's responsibilities under this clause, the penalties for
failure to comply, the agency's duties under section 256D.0505,
subdivision 2, and the person's right to appeal (1) at the time
an application is approved based on this clause, and (2) at the
time the person is referred to literacy training; or
(16) a child under the age of 18 who is not living with a
parent, stepparent, or legal custodian, but only if: the child
is legally emancipated or living with an adult with the consent
of an agency acting as a legal custodian; the child is at least
16 years of age and the general assistance grant is approved by
the director of the local agency or a designated representative
as a component of a social services case plan for the child; or
the child is living with an adult with the consent of the
child's legal custodian and the local agency.
(b) The following persons or families with income and
resources that are less than the standard of assistance
established by the commissioner are eligible for and entitled to
a maximum of six months of general assistance during any
consecutive 12-month period, after registering with and
completing six months in a work readiness program under section
256D.051:
(1) a person who has borderline mental retardation; and
(2) a person who exhibits perceptible symptoms of mental
illness as certified by a qualified professional but who is not
eligible for general assistance under paragraph (a), because the
mental illness interferes with the medical certification
process; provided that the person cooperates with social
services, treatment, or other plans developed by the local
agency to address the illness.
In order to retain eligibility under this paragraph, a
recipient must continue to cooperate with work and training
requirements as determined by the local agency.
Sec. 6. [HUMAN SERVICES.]
Minnesota Statutes 1986, section 256D.37, subdivision 1, as
amended by 1987 H.F. No. 243, section 108, is amended to read:
Sec. 108. Minnesota Statutes 1986, section 256D.37,
subdivision 1, is amended to read:
Subdivision 1. (a) For all individuals who apply to the
appropriate local agency for supplemental aid, the local agency
shall determine whether the individual meets the eligibility
criteria prescribed in subdivision 2. For each individual who
meets the relevant eligibility criteria prescribed in
subdivision 2, the local agency shall certify to the
commissioner the amount of supplemental aid to which the
individual is entitled in accordance with all of the standards
in effect December 31, 1973, for the appropriate categorical aid
program.
(b) When a recipient is an adult with mental illness in a
facility licensed under Minnesota Rules, parts 9520.0500 to
9520.0690, a resident of a state hospital or a dwelling with a
negotiated rate, the recipient is not eligible for a shelter
standard, a basic needs standard, or for special needs
payments. The state standard of assistance for those recipients
is the clothing and personal needs allowance for medical
assistance recipients under section 256B.35. Minnesota
supplemental aid may be paid to negotiated rate facilities at
the rates in effect on March 1, 1985, for services provided
under the supplemental aid program to residents of the facility,
up to the maximum negotiated rate specified in this section.
The rate for room and board for a licensed facility must not
exceed $800. Minnesota supplemental aid may not be used to pay
a negotiated rate for adults with mental illness in a
facility The maximum negotiated rate does not apply to a
facility that, on August 1, 1984, was licensed by the
commissioner of health only as a boarding care home, certified
by the commissioner of health as an intermediate care facility,
and licensed by the commissioner of human services under
Minnesota Rules, parts 9520.0500 to 9520.0690 or a facility
that, on August 1, 1984, was licensed by the commissioner of
human services under Minnesota Rules, parts 9525.0520 to
9525.0660, but funded as a supplemental aid negotiated rate
facility under this chapter. The following facilities are
exempt from the limit on negotiated rates and must be reimbursed
for documented actual costs, until an alternative reimbursement
system covering services excluding room and board maintenance
services is developed by the commissioner:
(1) a facility that only provides services to persons with
mental retardation; and
(2) a facility not certified to participate in the medical
assistance program that is licensed as a boarding care facility
as of March 1, 1985, and does not receive supplemental program
funding under Minnesota Rules, parts 9535.2000 to 9535.3000 or
parts 9553.0010 to 9553.0080. Beginning July 1, 1987, the
facilities under clause (1) are subject to applicable
supplemental aid limits, and must meet all applicable licensing
and reimbursement requirements for programs for persons with
mental retardation. The negotiated rates may be paid for
persons who are placed by the local agency or who elect to
reside in a room and board facility or a licensed facility for
the purpose of receiving physical, mental health, or
rehabilitative care, provided the local agency agrees that this
care is needed by the person. When Minnesota supplemental aid
is used to pay a negotiated rate, the rate payable to the
facility must not exceed the rate paid by an individual not
receiving Minnesota supplemental aid. To receive payment for a
negotiated rate, the dwelling must comply with applicable laws
and rules establishing standards necessary for health, safety,
and licensure. The negotiated rate must be adjusted by the
annual percentage change in the consumer price index (CPI-U U.S.
city average), as published by the Bureau of Labor Statistics
between the previous two Septembers, new series index (1967-100)
or 2.5 percent, whichever is less. In computing the amount of
supplemental aid under this section, the local agency shall
deduct from the gross amount of the individual's determined
needs all income, subject to the criteria for income disregards
in effect December 31, 1973, for the appropriate categorical aid
program, except that the earned income disregard for disabled
persons who are not residents of long-term care facilities must
be the same as the earned income disregard available to disabled
persons in the supplemental security income program and all
actual work expenses must be deducted when determining the
amount of income for the individual. From the first of the
month in which an effective application is filed, the state and
the county shall share responsibility for the payment of the
supplemental aid to which the individual is entitled under this
section as provided in section 256D.36.
Sec. 7. [EFFECTIVE DATE.]
The amendments to Minnesota Statutes 1986, section 256D.03,
subdivision 4, clause (a), by 1987 H.F. No. 243, article 2,
section 105, take effect July 1, 1988.
Sec. 8. [EFFECTIVE DATE.]
1987 H.F. 243, article 2, section 165, is amended to read:
Sec. 165. [EFFECTIVE DATE.]
Sections 9 to 12, 61, 62, 81, 88, 90 to 94, are effective
the day following final enactment. Sections 30, 31, and 42 43,
are effective July 1, 1988.
Sec. 9. [CORRECTION.]
Minnesota Statutes 1986, section 270.075, subdivision 1, as
amended by H.F. No. 529, article 14, section 10, is amended to
read:
Subdivision 1. The commissioner shall determine the rate
of tax to be levied and collected against the assessed valuation
as determined pursuant to section 270.074, subdivision 2, to
generate revenues of $7,600,000 $7,500,000 from taxes levied in
assessment year 1987 and payable in 1988 and revenues
of $8,400,000 $7,900,000 from taxes levied in 1988 and payable
in 1989. Thereafter the legislature shall annually establish
the amount of revenue to be generated from a tax on airflight
property.
Sec. 10. Minnesota Statutes 1986, section 273.11,
subdivision 8, as amended by 1987 H.F. No. 529, article 5,
section 1, is amended to read:
Subd. 8. [LIMITED EQUITY COOPERATIVE APARTMENTS.] For the
purposes of this subdivision, the terms defined in this
subdivision have the meanings given them.
A "limited equity cooperative" is a corporation organized
under chapter 308, which has as its primary purpose the
provision of housing and related services to its members, whose
income must not exceed 90 percent of the median St.
Paul-Minneapolis metropolitan area income as determined by the
United States Department of Housing and Urban Development at the
time they purchase their membership, and which meets one of the
following criteria with respect to the income of its members:
(1) a minimum of 75 percent of members must have incomes at or
less than 90 percent of area median income, (2) a minimum of 40
percent of members must have incomes at or less than 60 percent
of area median income, or (3) a minimum of 20 percent of members
must have incomes at or less than 50 percent of area median
income. For purposes of this clause, "member income" shall mean
the income of a member existing at the time the member acquires
cooperative membership, and median income shall mean the St.
Paul-Minneapolis metropolitan area median income as determined
by the United States Department of Housing and Urban
Development. It must also meet the following requirements:
(a) The articles of incorporation set the sale price of
occupancy entitling cooperative shares or memberships at no more
than a transfer value determined as provided in the articles.
That value may not exceed the sum of the following:
(1) the consideration paid for the membership or shares by
the first occupant of the unit, as shown in the records of the
corporation;
(2) the fair market value, as shown in the records of the
corporation, of any improvements to the real property that were
installed at the sole expense of the member with the prior
approval of the board of directors;
(3) accumulated interest, or an inflation allowance not to
exceed the greater of a ten percent annual noncompounded
increase on the consideration paid for the membership or share
by the first occupant of the unit, or the amount that would have
been paid on that consideration if interest had been paid on it
at the rate of the percentage increase in the revised consumer
price index for all urban consumers for the Minneapolis-St. Paul
metropolitan area prepared by the United States Department of
Labor, provided that the amount determined pursuant to this
clause may not exceed $500 for each year or fraction of a year
the membership or share was owned; plus
(4) real property capital contributions shown in the
records of the corporation to have been paid by the transferor
member and previous holders of the same membership, or of
separate memberships that had entitled occupancy to the unit of
the member involved. These contributions include contributions
to a corporate reserve account the use of which is restricted to
real property improvements or acquisitions, contributions to the
corporation which are used for real property improvements or
acquisitions, and the amount of principal amortized by the
corporation on its indebtedness due to the financing of real
property acquisition or improvement or the averaging of
principal paid by the corporation over the term of its real
property-related indebtedness.
(b) The articles of incorporation require that the board of
directors limit the purchase price of stock or membership
interests for new member-occupants or resident shareholders to
an amount which does not exceed the transfer value for the
membership or stock as defined in clause (a).
(c) The articles of incorporation require that the total
distribution out of capital to a member shall not exceed that
transfer value.
(d) The articles of incorporation require that upon
liquidation of the corporation any assets remaining after
retirement of corporate debts and distribution to members will
be conveyed to a charitable organization described in section
501(c)(3) of the Internal Revenue Code of 1986, as amended
through December 31, 1986, or a public agency.
A "limited equity cooperative apartment" is a dwelling unit
owned by a limited equity cooperative.
"Occupancy entitling cooperative share or membership" is
the ownership interest in a cooperative organization which
entitles the holder to an exclusive right to occupy a dwelling
unit owned or leased by the cooperative.
For purposes of taxation, the assessor shall value a unit
owned by a limited equity cooperative at the lesser of its
market value or the value determined by capitalizing the net
operating income of a comparable apartment operated on a rental
basis at the capitalization rate used in valuing comparable
buildings that are not limited equity cooperatives. If a
cooperative fails to operate in accordance with the provisions
of clauses (a) to (d), the property shall be subject to
additional property taxes in the amount of the difference
between the taxes determined in accordance with this subdivision
for the last ten years that the property had been assessed
pursuant to this subdivision and the amount that would have been
paid if the provisions of this subdivision had not applied to
it. The additional taxes, plus interest at the rate specified
in section 549.09, shall be extended against the property on the
tax list for the current year.
Sec. 11. [CORRECTION.] Subdivision 1. [CARRYOVER.]
Minnesota Statutes 1986, section 290.06, subdivision 21, as
added by H. F. No. 529, article 1, section 34, is amended to
read:
Subd. 21. [ALTERNATIVE MINIMUM TAX.] (a) A corporation is
allowed a credit for alternative minimum tax previously paid for
any taxable year in which the corporation has no tax liability
under section 290.092, and has an alternative minimum tax credit
carryover from a previous year. The credit shall be equal to
the lesser of (1) the excess of the tax under section 290.06 for
the taxable year over the amount computed under section 290.092,
subdivision 1, clause (a), for the taxable year, or (2) the
alternative minimum tax credit carryover to the taxable year.
(b) The tax imposed under section 290.092 for any taxable
year is a credit for alternative minimum tax previously paid
which is a carryover to each of the 15 five taxable years
succeeding the taxable year. The entire amount of the
alternative minimum tax credit must be carried to the earliest
of the taxable years to which such amount may be carried. The
portion of the alternative minimum tax credit which is carried
to each of the other taxable years to which the credit may be
carried is the excess, if any, of the credit over the amount
allowable under paragraph (a) for each of the taxable years to
which the credit may be carried. In each taxable year in which
a credit is allowable under paragraph (a), the credit for
alternative minimum tax previously paid must be used beginning
with the earliest taxable year from which the credit may be
carried.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective for
taxable year beginning after December 31, 1986.
Sec. 12. [INCORRECT DATES.]
Minnesota Statutes 1986, section 295.34, subdivision 1, as
amended by 1987 H.F. No. 529, article 11, section 3, is amended
to read:
Subdivision 1. Except as provided in subdivision 2 every
telephone company shall file a return with the commissioner of
revenue on or before April 15 of each year, and submit payment
therewith, of the following percentages of its gross earnings,
including long distance access charges, of the preceding
calendar year derived from business within this state:
(a) for gross earnings from service to rural subscribers
and from exchange business of all cities of the fourth class and
statutory cities having a population of 10,000 or less
for calendar years beginning before December 31, 1988, 4
percent,
for calendar year 1989, 3 percent, provided that the
estimated tax payments made on March 15 and June 15, 1989,
pursuant to section 295.365, must be made as if the tax were
imposed at a rate of four percent,
for calendar year 1990, 1.5 percent,
for calendar year 1991, 1 percent, and
for calendar years beginning after December 31, 1992 1991,
exempt; and
(b) for gross earnings derived from all other business
for calendar years beginning before December 31, 1988, 7
percent,
for calendar year 1989, 5.5 percent, provided that the
estimated tax payments made on March 15 and June 15, 1989,
pursuant to section 295.365, must be made as if the tax were
imposed at a rate of seven percent,
for calendar year 1990, 3 percent,
for calendar year 1991, 2.5 percent, and
for calendar years beginning after December 31, 1992 1991,
exempt.
A tax shall not be imposed on the gross earnings of a
telephone company from business originating or terminating
outside of Minnesota, except that the gross earnings tax is
imposed on all long distance access charges allocated to
interstate service received in payment from a telephone company
before December 31, 1989.
The tax imposed is in lieu of all other taxes, except the
taxes imposed by chapter 290, property taxes assessed beginning
in 1989, payable in 1990, and sales and use taxes imposed as a
result of chapter 297A. All money paid by a company for
connecting fees and switching charges to any other company shall
be reported as earnings by the company to which they are paid.
For the purposes of this section, the population of any
statutory city shall be considered as that stated in the latest
federal census.
Sec. 13. Subdivision 1. [CORRECTION.] Minnesota Statutes
1986, section 302A.727, subdivision 1, as amended by Laws 1987,
chapter 104, section 40, is amended to read:
Subdivision 1. [WHEN PERMITTED; HOW GIVEN.] When a notice
of intent to dissolve has been filed with the secretary of
state, the corporation may give notice of the filing to each
creditor of and claimant against the corporation known or
unknown, present or future, and contingent creditor and or
non-contingent. If notice to creditors and claimants is given,
it must be given by publishing the notice once each week for
four successive weeks in a legal newspaper in the county or
counties where the registered office and the principal executive
office of the corporation are located and by giving written
notice to known creditors and claimants pursuant to section
302A.011, subdivision 17.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective on
the same date as Laws 1987, chapter 104, section 40.
Sec. 14. [REPEAL OF OBSOLETE TRANSITION.]
Minnesota Statutes 1986, section 326.2421, subdivision 7,
is repealed.
Sec. 15. [EFFECTIVE DATE.]
Laws 1987, chapter 58, takes effect July 1, 1987.
Sec. 16. [CORRECTION.] Subdivision 1. [APPROPRIATION
TOTALS CORRECTION.] 1987 S.F. No. 1516, section 1, is amended to
read:
Section 1. [TRANSPORTATION AND OTHER AGENCIES;
APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another named fund, to
the agencies and for the purposes specified in this act, to be
available for the fiscal years indicated for each purpose. The
figures "1987," "1988," and "1989," where used in this act, mean
that the appropriation or appropriations listed under them are
available for the year ending June 30, 1987, June 30, 1988, or
June 30, 1989, respectively.
SUMMARY BY FUND
1987 1988 1989 TOTAL
General $1,089,200 $89,791,000 $89,138,200 $ 180,018,400
$89,787,200 180,014,600
Special Revenue 4,310,400 4,660,400 8,970,800
Airports 10,910,800 11,707,000 22,617,800
M.S.A.S. 58,750,000 59,250,000 118,000,000
C.S.A.H. 183,550,000 184,915,000 368,465,000
Tr. Hwy. 648,724,900 646,769,000 1,295,493,900
Hwy. User 9,690,500 9,770,700 19,461,200
Transit Assistance 7,100,000 7,425,000 14,525,000
Motor Vehicle Transfer 868,800 868,800 1,737,600
Transfers to Other
Direct (1,600,400) (1,638,800) (3,239,200)
TOTAL $1,089,200 $1,012,096,000 $1,012,865,300 $2,026,050,500
$1,012,092,200 $2,026,046,700
APPROPRIATIONS
Available for the Year
Ending June 30
1988 1989
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective July
1, 1987.
Sec. 17. [CORRECTION.] Subdivision 1. [APPROPRIATION
TOTALS.] 1987 S.F. No. 1516, section 10, subdivision 1, is
amended to read:
Subdivision 1. Total
Appropriation 9,833,600 9,571,000
9,829,800
Approved Complement - 239
General - 236
Special Revenue - 3
Summary by Fund
General $ 9,572,400 $ 9,309,700
9,568,600
For 1987 - $189,200
Special Revenue $ 261,200 $ 261,300
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective July
1, 1987.
Sec. 18. 1987 S.F. No. 1, article 1, section 10,
subdivision 6, is amended to read:
Subd. 6. [REVOLVING FUND ADMINISTRATION.] (a) The board
shall establish a minimum interest rate for loans to ensure that
necessary management costs are covered.
(b) Loan repayment amounts equal to one-half of the
principal and interest must be deposited in the rural
rehabilitation revolving fund for challenge grants to the region
from which the money was originally designated. The remaining
amount of the loan repayment may be deposited in the regional
revolving loan fund for further distribution by the regional
organization, consistent with the loan criteria specified in
subdivisions 4 and 5.
(c) The first $1,000,000 of revolving loans for each region
must be matched by nonstate sources. The matching requirement
does not apply to loans made under subdivision 6, clause (b).
(d) The first $1,000,000 of revolving loans for each region
must be matched by nonstate sources. The matching requirement
does not apply to loans made under subdivision 6, clause (b).
(e) Administrative expenses of each organization may be
paid out of the interest earned on loans.
Sec. 19. 1987 S.F. No. 1, article 1, section 14, is
amended to read:
Sec. 14. [APPROPRIATION.]
$600,000 is appropriated from the economic development fund
to the commissioner of energy and economic development to
administer programs under the rural development board. $300,000
is for fiscal year 1988 and $300,000 is for fiscal year 1989.
$200,000 is transferred appropriated from the economic
development fund to the commissioner of energy and economic
development to provide grants to the regional organizations
selected under section 10, subdivision 3, for technical
assistance to businesses in each region. Technical assistance
includes providing information to businesses regarding federal,
state, and local government economic development programs.
$1,000,000 is transferred appropriated from the general
fund for transfer to the rural rehabilitation revolving fund, to
be used for the challenge grant program.
Sec. 20. 1987 S.F. No. 1, article 2, section 11, is
amended to read:
Sec. 11. [116O.11] [RESEARCH GRANTS TO EDUCATION UNITS.]
Subdivision 1. [GRANTS GENERALLY.] The board may make
matching grants to public and private post-secondary education
institutions or units within those institutions, including the
natural resource research institute, for applied research and
development. Grants are to be made for projects which will
likely result in assisting economic and employment development
in greater Minnesota. The corporation board shall not give
final approval to a research grant until it has received an
evaluation and recommendation from the research advisory board
established in section 10.
Sec. 21. 1987 S.F. No. 1, article 2, section 18, is
amended to read:
Sec. 18. [NATURAL RESOURCES RESEARCH INSTITUTE.]
The Greater Minnesota Corporation board and the University
of Minnesota board of regents may examine the feasibility of
entering into a formal agreement for joint administration or
transfer of the natural resources research institute from the
University to the corporation. The corporation and board of
regents shall report to the governor and legislative legislature
by January 15, 1988. The report must include recommendations
for the structure for administrating the institution, the
potential use of university staff and facilities, funding
sources and whether the institute should be transferred to the
Greater Minnesota Corporation. The corporation may not
establish a regional institute whose research focus is
comparable to the present research undertaken at the natural
resources research institute.
Sec. 22. 1987 S.F. No. 1, article 6, section 9, is amended
to read:
Sec. 9. [HAZARDOUS BUILDING PENALTY.]
A city may assess a penalty equal to one percent of the
assessed value of a building located in a targeted neighborhood
defined in section 4 that the city determined to be hazardous as
defined in section 463.15, subdivision 3. The city shall send a
written notice to the address to which the property tax
statement is sent at least 90 days before it may assess the
penalty. If the owner of the building has not paid the penalty
and fixed the property within 30 90 days after receiving notice
of the penalty, the penalty is considered delinquent and is
increased by 25 percent each 60 days the penalty is not paid and
the property remains hazardous. For the purposes of this
section, a penalty that is delinquent is considered a delinquent
property tax and subject to Minnesota Statutes, chapters 279,
280, and 281, in the same manner as delinquent property taxes.
Sec. 23. 1987 S.F. No. 1, article 9, section 15,
subdivision 2, is amended to read:
Sec. 15. Minnesota Statutes 1986, section 41A.05,
subdivision 2, is amended to read:
Subd. 2. [ISSUANCE OF BONDS.] (a) The board by resolution
may exercise the powers of a rural development authority under
sections 362A.01 to 362A.05 and the powers of a municipality
under chapter 474 for the purposes of financing a project one or
more projects, including the issuance of bonds and the
application of the bond proceeds and investment income pursuant
to a lease, loan, loan guaranty, loan participation, or other
agreement. The bonds must be issued, sold, and secured on the
terms and conditions and in the manner determined by resolution
of the board. Section 16A.80 does not apply to the bonds.
Notwithstanding subdivision 1, a reserve established for the
bonds provided by the borrower, including out of bond proceeds,
may be deposited and held in a separate account in the Minnesota
agricultural and economic development fund and applied to the
last installments of principal or interest on the bonds, subject
to the reserves being withdrawn for any purpose permitted by
subdivision 1. The board may by resolution or indenture pledge
any or all amounts in the fund, including any reserves and
investment income on amounts in the fund, to secure the payment
of principal and interest on any or all series of bonds, upon
the terms and conditions as provided in the resolution or
indenture. To the extent the board deems necessary or desirable
to prevent interest on bonds from becoming subject to federal
income taxation, (1) the amounts in the fund shall be invested
in obligations or securities with restricted yields and (2) the
investment income on the amounts are released from the pledge
securing the bonds or loan guaranty and appropriately applied to
prevent taxation.
(b) Bonds issued pursuant to this chapter are not general
obligations of the state or the board. The full faith and
credit and taxing powers of the state and the board are not and
may not be pledged for the payment of the bonds. No person may
compel the levy of a tax for the payment or compel the
appropriation of money of the state or the board for the payment
of the bonds, except as specifically provided in this chapter.
(c) For purposes of sections 474A.01 to 474A.21, the board
is a local issuer and may apply for allocations of authority to
issue private activity obligations and may enter into an
agreement for the issuance of obligations by another issuer.
Sec. 24. 1987 S.F. No. 1, article 9, section 18,
subdivision 2, is amended to read:
Subd. 2. [POWERS CONTINUED.] To carry out the purposes
specified in sections 9 and 19 20, the board may exercise the
powers granted to the Minnesota energy and economic development
authority under Minnesota Statutes 1986, sections 116M.06,
116M.07, and 116M.08, notwithstanding the repeal of those
sections.
Sec. 25. 1987 S.F. No. 1, article 9, section 22, is
amended to read:
Sec. 22. [APPROPRIATION.]
$400,000 is transferred appropriated from the economic
development fund for transfer to the Minnesota agricultural and
economic development fund. $200,000 is for fiscal year 1988 and
$200,000 is for fiscal year 1989.
Sec. 26. 1987 S.F. No. 1, article 9, section 23, is
amended to read:
Sec. 23. [EFFECTIVE DATE.]
Sections 18 and 19 and 20 are effective the day following
final enactment.
Sec. 27. 1987 S.F. No. 1, article 10, section 8, is
amended to read:
Sec. 8. Laws 1983, chapter 334, section 7, is amended to
read:
Sec. 7. [REPEALER.]
Sections 116L.01; 116L.02; 116L.03, subdivisions 1, 2, 3,
4, 5, and 7; 116L.04; and 116L.05, 1, 2, 3, 4, 5, and 7 are
repealed June 30, 1989.
Sec. 28. 1987 S.F. No. 1, article 10, section 9, is
amended to read:
Sec. 9. [SUPPLEMENTAL EDUCATION GRANT PROGRAM FUNDING.]
$500,000 is appropriated from the general fund to the
higher education coordinating board for the dislocated rural
worker grant program established in section 3 6, to be available
until June 30, 1989.
$1,000,000 is appropriated from the general fund to the
higher education coordinating board for the Minnesota job skills
partnership program. $500,00 is for fiscal year 1988 and
$500,000 is for fiscal year 1989.
Sec. 29. [116J.968] [ECONOMIC DEVELOPMENT FUND.]
Notwithstanding the repeal of section 116M.06, subdivision
4, the economic development fund is continued.
Sec. 30. [BALANCE TRANSFERRED.]
The unobligated balance of the energy fund created in
Minnesota Statutes, section 116M.105, must be canceled,
transferred, and credited to the economic development fund.
Sec. 31. 1987 S.F. No. 170, section 4, subdivision 1, is
amended to read:
Subdivision 1. [PRELIMINARY COUNTY FINDINGS AND
DECLARATION.] There is created in each county in this state
other than Hennepin and Ramsey and other than those counties in
which a county housing authority has been created by special
act, a public body, corporate and politic, to be known as the
housing and redevelopment authority of that county, hereinafter
referred to as "county authority." No county authority shall
transact any business or exercise any powers until the governing
body of the county, by resolution, finds that there is need for
a county authority to function in the county. The governing
body shall consider the need for a county authority to function
(1) on the governing body's own motion or (2) upon the filing of
a petition signed by 25 qualified voters of the county asserting
that there is need for a county authority to function in the
county and requesting that the governing body so declare. The
governing body shall adopt a resolution declaring that there is
need for a county authority to function in the county if it
makes the findings required in section 3, subdivision 1.
Sec. 32. [CORRECTION.]
Subdivision 1. 1987 H.F. No. 42, section 4, subdivision 2,
is amended to read:
Subd. 2. [TRANSITIONAL LABORATORY REQUIREMENTS.] Before
rules are adopted and licenses issued under subdivision 1, an
employer may use the services of a nonlicensed testing
laboratory that agrees in writing with the commissioner to
comply with the following requirements:
(1) The director of the laboratory must be a full-time
employee of the laboratory and must possess a doctoral or
master's degree in biological or medical science and have at
least three years experience in an analytical toxicology
laboratory.
(2) The laboratory must be participating in and continuing
to demonstrate satisfactory performance in the drug proficiency
testing program of the college of American pathology or American
association for clinical chemists.
(3) The drug and alcohol testing must be limited to
analysis of a sample of blood or urine from the employer or job
applicant subject to testing.
(4) The methods of analysis for drug and alcohol testing
are limited to any enzyme multiplied immunoassay method for
initial screening tests and any chromotography mass spectrometry
method for confirmatory tests and confirmatory retests.
(4) The methods of analysis for drug and alcohol testing
are limited to any combination of methods using immuno-chemical
technology or chromotography for initial screening tests,
confirmed by gas chromotography/mass spectrometry; except that,
where gas chromotography/mass spectrometry is not the
scientifically accepted method of choice, the test must be
confirmed by a method using some form of chromotography.
Testing for alcohol may include a breath test as an initial
screening test, provided that the results are confirmed by blood
analysis.
(5) The laboratory must have in writing and use laboratory
chain-of-custody procedures that ensure reliable and properly
handled and identified testing results.
(6) All initial screening test, confirmatory test, and
confirmatory retest results must be reviewed and certified as
accurate by a qualified scientist.
(7) A test report must indicate the drugs, alcohol, or
their metabolites tested for and whether the test produced
negative or positive test results.
(8) The laboratory must provide the commissioner with
information requested by the commissioner regarding the
laboratory's current operations and activities relating to drug
and alcohol testing.
(9) The laboratory must agree to comply with the
requirements for laboratories set forth in sections 1 to 5 and
to be subject to the remedies set forth in section 7.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective
September 1, 1987.
Sec. 33. 1987 H.F. No. 753, article 1, section 16, is
amended by adding a subdivision to read:
Subd. 11. [EXAMINATION FEES.] A school board may use the
reserved revenue to pay $30 of the examination fees for the
international baccalaureate program and for the college board
advanced placement program for public school pupils in the 11th
and 12th grades.
Sec. 34. 1987 H.F. No. 753, article 6, section 20, is
amended by adding a subdivision to read:
Subd. 4. [IMMEDIATE.] Minnesota Statutes 1986, section
62E.081, is repealed the day following final enactment of this
act.
Sec. 35. 1987 H.F. No. 753, article 6, is amended by
adding a section to read:
Sec. 23. [LOCAL APPROVAL AND EFFECTIVE DATE.]
Section 14 is effective the day after the clerk of the
school board of special school district No. 1 complies with
Minnesota Statutes, section 645.021, subdivision 3.
Sec. 36. 1987 H.F. No. 753, article 10, section 3, is
amended to read:
Sec. 3. FARIBAULT RESIDENTIAL
ACADEMIES AND RESOURCE CENTER
Total Appropriations $2,206,200 $2,649,500
$6,390,400 $6,372,400
Approved Complement 1988 1989
State 185.5 185.5
Federal 8.0 7.0
Total 193.5 192.5
The state board of education, with the
approval of the commissioner of
finance, may transfer complement among
funds if necessary. The state board
must report material changes to the
senate and house of representatives
education committees.
Three complement and $125,000 each year
are for operation of a resource center
for hearing-impaired, visually-impaired
and multiply handicapped students.
$107,600 in 1988 and up to $107,600 in
1989 is for repairs, replacements, and
betterment.
$53,300 in 1988 and up to $53,300 in
1989 is for repair and purchase of
equipment.
Any unexpended balance remaining from
the appropriation in this section in
1988 shall not cancel but is available
in 1989.
Sec. 37. 1987 H.F. No. 753, article 10, section 2,
subdivision 2, is amended to read:
Subd. 2. Educational Services
1988 1989
$ 7,360,500 $ 7,313,000
$20,700 each year is from the trunk
highway fund.
$60,000 each year is from the public
health fund.
The commissioner of education shall
provide for direct local technical
assistance to districts in meeting the
curriculum requirements specified in
the planning, evaluating, and reporting
process. In addition to existing
curriculum services, the commissioner
shall enter into performance contract
agreements for general curriculum
specialist services with educational
cooperative service units or other
regional educational service agencies.
If more than one agency submits a
proposal to provide services to school
districts within an educational
cooperative service unit region, the
department shall encourage the agencies
to develop a joint proposal. The
commissioner shall evaluate the
performance agreements annually. This
assistance shall be provided in
conjunction with the educational
effectiveness delivery system.
$400,000 in each year is for this
purpose.
$157,500 in fiscal year 1988 and
$67,800 in fiscal year 1989 is for
services to school districts related to
acquired immune deficiency syndrome.
$50,000 in fiscal year 1988 and $75,000
in fiscal year 1989 is for
administration of state planning,
evaluation and reporting.
$75,000 each year is for technical
assistance for local staff development
plans and administration costs for
implementing mentorship programs.
Beginning in fiscal year 1989,
responsibility for the education
research information service
established by the council on quality
education is transferred to the
interagency resource and information
center.
The governor's council on youth is
discontinued.
$198,300 each year is for the secondary
vocational student organization center.
Two professional and one clerical
complement are transferred from the
special education section to the
Faribault residential academies and
resource center for the purpose of
establishing a resource center for
hearing-impaired, visually-impaired and
multiply handicapped students.
$125,000 is available each year for
this purpose.
One professional complement is added in
each year in the curriculum services
section for research information
service and development of learner
outcomes.
The complement of the secondary
vocational section is reduced by two
each year.
Two complement are transferred from
federal to special purpose for the
alcohol impaired driver program.
$100,000 each year is available from
the alchohol impaired driver account
for these complement.
One-half complement each year is for
state agency library automation.
One complement is added to the
community education section each year
for additional responsiblities related
to youth.
The responsibility for the education
research information service
established by the council on quality
education is transferred to the
interagency resource and information
center.
Sec. 38. [CORRECTION.] Subdivision 1. [LCC BUSINESS STUDY
AND GOVERNMENT COMPETITION STUDY.] 1987 S.F. No. 1516, section
10, subdivision 7, is repealed.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective July
1, 1987.
Sec. 39. [CORRECTION.] [INADVERTENTLY OMITTED RIDER.]
Subdivision 1. [HISTORICAL SOCIETY HISTORIC SITE STUDY.] 1987
S.F. No. 1516, section 21, is amended by adding a subdivision to
read:
Subd. 6a. Historic Site Study
The Minnesota historical society shall
conduct an interim study, in
cooperation with county historical
organizations of their choice and the
department of finance, to determine
changes and revisions required in the
Historic Sites Act of 1965. The study
shall identify those historic sites
that merit preservation and
interpretation and include a plan for
financing their development and
operations. The study shall include
recommendations by the society on which
sites should charge admission fees and
the amount of the proposed fee, by
site. The historical society shall
report the results of this study to the
chairs of the senate finance committee
and house of representatives
appropriations committee, and the
governor by July 1, 1988.
Subd. 2. [EFFECTIVE DATE.] Subdivision 1 is effective July
1, 1987.
Sec. 40. [SCHOOL DISTRICT 564.]
If independent school district No. 564, Thief River Falls,
establishes a joint vocational technical district pursuant to
section 136C.60 prior to August 1, 1987, the state shall pay 100
percent of the cost of the construction project authorized by
the 1987 legislature. The state board of vocational technical
education may utilize any unencumbered balance remaining in the
appropriation made by Laws 1981, chapter 362, section 2,
subdivision 1, to pay the additional amount needed to reach 100
percent.
Sec. 41. [REPEAL OF OBSOLETE TRANSITION.]
Minnesota Statutes 1986, section 326.2421, subdivision 7,
is repealed.
Sec. 42. [CROSS REFERENCE; BOARD OF WATER AND SOIL
RESOURCES.]
1987 S. F. No. 1516, section 34, is amended to read:
Sec. 34. [INSTRUCTION TO REVISOR.]
The revisor of statutes shall change the words "state soil
and water conservation board," "water resources board," "water
policy board" or other language intended to refer to those
boards, wherever they appear in Minnesota Statutes to "board of
water and soil resources" or other appropriate language to refer
to the board of water and soil resources created in section 105
103.
Sec. 43. [CROSS REFERENCE; EFFECTIVE DATE.]
1987 S. F. No. 1516, section 133, subdivision 1, is amended
to read:
Subdivision 1. Section 108 106 is effective the day
following final enactment.
Sec. 44. 1987 H.F. No. 919, section 8, subdivision 2, is
amended to read:
Subd. 2. Outdoor Recreation 17,000,000
18,000,000
(a) Local Recreation Grants 2,500,000
This appropriation is to acquire and
better recreation open space projects
upon application by local units of
government and Indian tribes and bands
recognized by the federal government.
Projects that receive federal grants
must be given priority. A grant under
this paragraph is not contingent upon
the receipt of federal grants. A
project may receive grant assistance of
up to 50 percent of the total capital
cost of the project or, if federal
money is used, 50 percent of the local
share. A project must not receive
grant assistance of more than
$400,000. A local unit of government
must not receive more than one grant
during each fiscal biennium.
$500,000 the first year and $500,000
the second year shall be granted for
projects outside the metropolitan area
defined in Minnesota Statutes, section
473.121.
(b) Metropolitan Open Space 15,500,000
$9,500,000 is for payment by the
commissioner of energy and economic
development to the metropolitan council
established under Minnesota Statutes,
section 473.123. The commissioner
shall transfer the amount to the
metropolitan council upon receipt of a
certified copy of a council resolution
requesting payment. The appropriation
must be used to pay the cost of
acquisition and betterment by the
metropolitan council and local
government units of regional
recreational open space lands in
accordance with the council's policy
plan as provided in Minnesota Statutes,
sections 473.315 and 473.341, including
relocation costs and tax equivalents
required to be paid by Minnesota
Statutes, sections 473.315 and 473.341.
$6,000,000 is for the acquisition and
betterment of land on Lake Minnetonka
for a regional park. No more than
$400,000 may be used for staff and
independent professional services
necessary to acquire and better open
space and for the performance of the
duties of the metropolitan council
under this paragraph.
The acquisition and betterment may
include land between Lake Minnetonka
and Stone Lake, to assist in connecting
the Lake Minnetonka regional park with
Carver park reserve. Of the
$6,000,000, the sum of $250,000 may be
used to develop parking and a
pedestrian underpass to support a
public access site in the city of Mound.
During the biennium, that part of
Minnesota Statutes, section 398.09,
paragraph (b), that requires local
approval prior to acquiring real estate
by purchase or condemnation shall not
apply to this acquisition.
Sec. 45. [INTEREST EARNINGS.]
The provisions of Laws 1985, First
Special Session chapter 15, section 5,
subdivision 2, paragraph (b), relating
to interest earnings shall continue
regardless of any dollar amount
limitation.
Sec. 46. 1987 H.F. No. 919, section 18, subdivision 11, is
amended to read:
Subd. 11. Vermilion Community
College Student Housing 1,500,000
The state board for community colleges
may acquire a site and construct, own,
operate, furnish, and maintain one or
more dormitories or other student
residence facilities at Ely for the use
and benefit of Vermilion Community
College. Selection of a designer for
the project is not subject to Minnesota
Statutes, section 16B.33, subdivision
4. The higher education facilities
authority may issue revenue bonds for
the facilities under Minnesota
Statutes, sections 136A.25 to 136A.42,
and the state board for community
colleges may borrow the proceeds of the
revenue bonds to finance the
acquisition, construction, and
equipping of the student housing
facilities. The board may enter into
agreements and pledge revenues of the
facilities as may be necessary to
provide security for the bonds and may
mortgage the financed facilities to the
higher education facilities authority
or to a trustee for the bondholders if
considered necessary by the board or
the authority for the successful
marketing of the bonds. The state
board for community colleges shall
establish, maintain, revise when
necessary, and collect rates and
charges for the use of the student
housing facilities. The rates and
charges must be sufficient, as
estimated by the board, to pay all
expenses of operation and maintenance
of the facilities, to pay principal of,
and interest on, revenue bonds or other
obligations when due and to pay
customary fees and charges of the
higher education facilities authority
and to establish and maintain the
reserve funds that the board considers
necessary for repair, replacement, and
maintenance of the facilities. Funds
and accounts established in furtherance
of these purposes are not subject to
Minnesota Statutes, section 136.67,
subdivision 2, and are not subject to
the budgetary control of the
commissioner of finance. The board
shall never be obligated to use other
revenues of the board or funds of the
state to pay the costs of construction,
operation, maintenance, and repair of
the facilities or to pay principal of
and interest on obligations issued for
these purposes. Notwithstanding any
other law or rule or the city charter,
the city of Ely may, without complying
with the procedures set forth in
Minnesota Statutes, chapter 475,
guarantee all or any part of the loan
repayment obligation of the board to
the authority, by pledging its full
faith and credit and taxing power. The
guarantee is not subject to any
limitation on net debt of the city, and
taxes required to make any payment
under the guarantee may be levied
without limit as to rate or amount.
Sec. 47. Minnesota Statutes 1986, section 62E.02,
subdivision 23, as amended by 1987 H.F. No. 529, article 2,
section 17, is amended to read:
Subd. 23. "Contributing member" means those companies
operating pursuant to chapter 62A and offering, selling,
issuing, or renewing policies or contracts of accident and
health insurance or health maintenance organizations and
nonprofit health service plan corporations incorporated under
chapter 62C or fraternal benefit society operating under chapter
64 64B. For the purposes of determining liability of
contributing members pursuant to section 62E.11 payments
received from or on behalf of Minnesota residents for coverage
by a health maintenance organization shall be considered to be
accident and health insurance premiums.
Sec. 48. Minnesota Statutes 1986, section 297D.07, as
amended by 1987 H.F. No. 529, article 17, section 36, is amended
to read:
297D.07 [MEASUREMENT.]
For the purpose of calculating the tax under section
297D.08, a gram quantity of marijuana or other controlled
substance is measured by the weight of the substance in the
dealer's possession. The weight of the marijuana or controlled
substance includes all material, compound, mixture, or
preparation that is added to the marijuana or controlled
substance.
Sec. 49. 1987 H.F. No. 919, section 14, subdivision 8, is
amended to read:
Subd. 8. Local Road Bridge
Replacement and Rehabilitation 8,800,000
This appropriation is from the
transportation fund.
$8,800,000 is from the state
transportation fund to construct and
reconstruct key bridges on the state
transportation system and must be
allocated by the commissioner of
transportation in the form of grants to
political subdivisions for construction
and reconstruction of key bridges on
highways, streets, and roads under
their jurisdictions. Of that amount,
$3,800,000 is to be used to match the
local share of several federal
demonstration projects.
Sec. 50. [EFFECTIVE DATE.]
Unless provided otherwise, the sections of this article
that amend other 1987 enactments take effect on the same dates
as the enactments that they amend.
Approved June 2, 1987
Official Publication of the State of Minnesota
Revisor of Statutes