Office of the Revisor of Statutes
Minnesota Session Laws - 1989, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1989
CHAPTER 209-H.F.No. 1197
An act relating to Minnesota Statutes; correcting
erroneous, ambiguous, and omitted text and obsolete
references; eliminating certain redundant,
conflicting, and superseded provisions; making
miscellaneous technical corrections to statutes and
other laws; amending Minnesota Statutes 1988, sections
10A.01, subdivisions 5 and 18; 10A.32, subdivision 3a;
13.46, subdivision 2; 13.75, subdivision 2; 16A.26;
16B.28, subdivision 3; 18B.25, subdivision 4; 45.028,
subdivision 1; 69.32; 105.81; 115A.195; 115C.08,
subdivision 3; 116.44, subdivision 1; 122.23,
subdivision 18; 122.96, subdivision 3; 124.646,
subdivision 1; 124A.24; 124A.27, subdivision 1;
127.35; 136C.61, subdivision 1; 136D.27, subdivision
3; 136D.71; 136D.74, subdivision 2b; 136D.741,
subdivision 4; 136D.87, subdivision 3; 141.35;
144.122; 144.335, subdivision 2; 145A.07, subdivision
1; 145A.13; 157.03; 168.33, subdivision 2; 168A.24,
subdivision 2; 168A.29, subdivision 3; 169.345,
subdivision 2; 176.081, subdivision 1; 176.101,
subdivision 3e; 176.131, subdivision 1; 176.421,
subdivision 7; 205.065, subdivision 1; 205.18,
subdivision 2; 211B.15, subdivision 4; 214.01,
subdivision 2; 245.77; 256.01, subdivision 2; 256.991;
256B.69, subdivision 16; 256D.03, subdivision 4;
256G.02, subdivision 4; 256G.06; 257.354, subdivision
4; 268.04, subdivision 32; 268.10, subdivision 1;
272.02, subdivision 1; 273.124, subdivision 6; 290.05,
subdivision 3; 297.07, subdivision 3; 297.35,
subdivision 3; 298.2211, subdivision 1; 308.11;
340A.414, subdivision 6; 349.213, subdivision 2;
352.01, subdivision 2b; 353.01, subdivision 2a;
363.06, subdivision 4; 383B.229; 383B.77; 383C.331;
383C.334; 469.0721; 469.121, subdivision 1; 469.129,
subdivision 1; 471.562, subdivision 4; 471.563;
473.605, subdivision 2; 473.845, subdivision 1;
474A.02, subdivision 18; 480A.02, subdivision 7;
485.018, subdivision 2; 515A.3-115; 525.94,
subdivision 3; 548.09, subdivision 2; 604.02,
subdivision 1; 609.506, subdivision 1; and 611A.53,
subdivision 1; reenacting Minnesota Statutes 1988,
section 80A.14, subdivision 18; repealing Minnesota
Statutes 1988, sections 260.125, subdivision 6;
326.01, subdivision 21; and 362A.08; amending Laws
1976, chapter 134, section 79; Laws 1988, chapter 640,
section 5; and chapter 719, article 12, section 29;
repealing Laws 1965, chapter 267, section 1; Laws
1971, chapter 830, section 7; Laws 1976, chapter 2,
section 62; chapter 134, section 2; chapter 163,
section 10; and chapter 173, section 53; Laws 1977,
chapter 35, section 8; Laws 1978, chapter 496, section
1; and chapter 706, section 31; Laws 1979, chapter 48,
section 2; and chapter 184, section 3; Laws 1981,
chapter 271, section 1; Laws 1982, chapter 514,
section 15; Laws 1983, chapter 242, section 1; chapter
247, section 38; chapter 289, section 4; chapter 290,
sections 2 and 3; chapter 299, section 26; and chapter
303, sections 21 and 22; Laws 1984, chapter 654,
article 2, section 117; Laws 1986, chapter 312,
section 1; chapter 400, section 43; and chapter 452,
section 17; Laws 1986, First Special Session chapter
3, article 1, sections 74 and 79; and Laws 1987,
chapter 268, article 5, section 5; chapter 384,
article 2, section 25; chapter 385, section 7; chapter
403, article 5, section 1; and chapter 404, section
138.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
REVISOR'S BILL
STATUTORY CORRECTIONS
Section 1. Minnesota Statutes 1988, section 10A.01,
subdivision 5, is amended to read:
Subd. 5. [CANDIDATE.] "Candidate" means an individual who
seeks nomination or election to any statewide or legislative
office for which reporting is not required under federal laws.
The term candidate shall also include an individual who seeks
nomination or election to supreme court, court of appeals, or
district court, county court, probate court, or county municipal
court judgeships of the state. An individual shall be deemed to
seek nomination or election if the individual has taken the
action necessary under the law of the state of Minnesota to
qualify for nomination or election, has received contributions
or made expenditures in excess of $100, or has given implicit or
explicit consent for any other person to receive contributions
or make expenditures in excess of $100, for the purpose of
bringing about the individual's nomination or election. A
candidate remains a candidate until the candidate's principal
campaign committee is dissolved as provided in section 10A.24.
Sec. 2. Minnesota Statutes 1988, section 10A.01,
subdivision 18, is amended to read:
Subd. 18. "Public official" means any:
(a) member of the legislature;
(b) constitutional officer in the executive branch and the
officer's chief administrative deputy;
(c) member, chief administrative officer or deputy chief
administrative officer of a state board or commission which has
at least one of the following powers: (i) the power to adopt,
amend or repeal rules, or (ii) the power to adjudicate contested
cases or appeals;
(d) commissioner, deputy commissioner or assistant
commissioner of any state department as designated pursuant to
section 15.01;
(e) individual employed in the executive branch who is
authorized to adopt, amend or repeal rules or adjudicate
contested cases;
(f) executive director of the state board of investment;
(g) executive director of the Indian affairs intertribal
board;
(h) commissioner of the iron range resources and
rehabilitation board;
(i) director of mediation services;
(j) deputy of any official listed in clauses (e) to (i);
(k) judge of the workers' compensation court of appeals;
(l) administrative law judge or compensation judge in the
state office of administrative hearings or hearing examiner
referee in the department of jobs and training;
(m) solicitor general or deputy, assistant or special
assistant attorney general;
(n) individual employed by the legislature as secretary of
the senate, legislative auditor, chief clerk of the house,
revisor of statutes, or researcher or attorney in the office of
senate research, senate counsel, or house research; or
(o) member or chief administrative officer of the
metropolitan council, regional transit board, metropolitan
transit commission, metropolitan waste control commission,
metropolitan parks and open spaces commission, metropolitan
airports commission or metropolitan sports facilities commission.
Sec. 3. Minnesota Statutes 1988, section 10A.32,
subdivision 3a, is amended to read:
Subd. 3a. The commissioner of revenue shall, on the basis
of vote totals provided by the secretary of state, calculate and
certify to the board before the first day of July in an election
year an estimate, after 100 percent of the tax returns have been
processed, of the total amount in the general account, and the
amount of money each candidate who qualifies as provided in
section 10A.31, subdivision 6, may receive from the candidate's
party account, based upon the formula set forth in section
10A.31, subdivision 3 5. Prior to the first day of filing for
office, the board shall publish and forward to all filing
officers these estimates. Within seven days after the last day
for filing for office the secretary of state shall certify to
the board the name, address, office sought, and party
affiliation of each candidate who has filed with that office the
candidate's affidavit of candidacy or petition to appear on the
ballot. The auditor of each county shall certify to the board
the same information for each candidate who has filed with that
county an affidavit of candidacy or petition to appear on the
ballot. Within seven days thereafter the board shall estimate
the minimum amount to be received by each candidate who
qualifies as provided in section 10A.31, subdivisions 6 and 7,
and notify all candidates on or before August 15 of the
applicable amount. The board shall include with the notice a
form for the agreement provided in subdivision 3.
Sec. 4. Minnesota Statutes 1988, section 13.46,
subdivision 2, is amended to read:
Subd. 2. [GENERAL.] (a) Unless the data is summary data or
a statute specifically provides a different classification, data
on individuals collected, maintained, used, or disseminated by
the welfare system is private data on individuals, and shall not
be disclosed except:
(1) pursuant to section 13.05;
(2) pursuant to court order;
(3) pursuant to a statute specifically authorizing access
to the private data;
(4) to an agent of the welfare system, including a law
enforcement person, attorney, or investigator acting for it in
the investigation, or prosecution, of a criminal or civil
proceeding relating to the administration of a program;
(5) to personnel of the welfare system who require the data
to determine eligibility, amount of assistance, and the need to
provide services of additional programs to the individual;
(6) to administer federal funds or programs;
(7) between personnel of the welfare system working in the
same program;
(8) the amounts of cash public assistance and relief paid
to welfare recipients in this state, including their names and
social security numbers, upon request by the department of
revenue to administer the property tax refund law, supplemental
housing allowance, and the income tax;
(9) to the Minnesota department of jobs and training for
the purpose of monitoring the eligibility of the data subject
for unemployment compensation, for any employment or training
program administered, supervised, or certified by that agency,
or for the purpose of administering any rehabilitation program,
whether alone or in conjunction with the welfare system;
(10) to appropriate parties in connection with an emergency
if knowledge of the information is necessary to protect the
health or safety of the individual or other individuals or
persons; or
(11) data maintained by residential facilities as defined
in section 245A.02, subdivision 6, may be disclosed to the
protection and advocacy system established in this state
pursuant to Part C of Public Law Number 98-527 to protect the
legal and human rights of persons with mental retardation or
other related conditions who live in residential facilities for
these persons if the protection and advocacy system receives a
complaint by or on behalf of that person and the person does not
have a legal guardian or the state or a designee of the state is
the legal guardian of the person.
(b) Mental health data shall be treated as provided in
subdivisions 7, 8, and 9, but is not subject to the access
provisions of subdivision 10, paragraph (b).
Sec. 5. Minnesota Statutes 1988, section 16B.28,
subdivision 3, is amended to read:
Subd. 3. [REVOLVING FUND.] (a) [CREATION.] The materials
distribution revolving fund is a separate fund in the state
treasury. All money relating to the resource recovery program
established under section 115A.15, subdivision 1, all money
resulting from the acquisition, acceptance, warehousing,
distribution, and public sale of surplus property, all money
resulting from the sale of centrally acquired, warehoused, and
distributed supplies, materials, and equipment, and all money
relating to the cooperative purchasing venture established under
section 421.59 471.59 must be deposited in the fund. Money paid
into the materials distribution revolving fund is appropriated
to the commissioner for the purposes of the programs and
services referred to in this section.
(b) [TRANSFER OR SALE TO STATE AGENCY.] When the state or
an agency operating under a legislative appropriation obtains
surplus property from the commissioner, the commissioner of
finance must, at the commissioner's request, transfer the cost
of the surplus property, including any expenses of acquiring,
accepting, warehousing, and distributing the surplus property,
from the appropriation of the state agency receiving the surplus
property to the materials distribution revolving fund. The
determination of the commissioner is final as to the cost of the
surplus property to the state agency receiving the property.
(c) [TRANSFER OR SALE TO OTHER GOVERNMENTAL UNITS OR
NONPROFIT ORGANIZATIONS.] When any governmental unit or
nonprofit organization other than a state agency receives
surplus property, supplies, materials, or equipment from the
commissioner, the governmental unit or nonprofit organization
must reimburse the materials distribution revolving fund for the
cost of the property, including the expenses of acquiring,
accepting, warehousing, and distributing it, in an amount the
commissioner sets. The commissioner may, however, require the
governmental unit or nonprofit organization to deposit in
advance in the materials distribution revolving fund the cost of
the surplus property, supplies, materials, and equipment upon
mutually agreeable terms and conditions. The commissioner may
charge a fee to political subdivisions and nonprofit
organizations to establish their eligibility for receiving the
property and to pay for costs of storage and distribution.
Sec. 6. Minnesota Statutes 1988, section 18B.25,
subdivision 4, is amended to read:
Subd. 4. [DISPOSAL THAT BECOMES HAZARDOUS WASTE.] A person
who knowingly, or with reason to know, disposes of a pesticide
so that the product becomes hazardous waste is subject to the
penalties in section 115.071 609.671, subdivision 4.
Sec. 7. Minnesota Statutes 1988, section 69.32, is amended
to read:
69.32 [CITY CLERK TO FILE REPORT WITH COMMISSIONER.]
The clerk of each city of the first class having a
firefighters' relief association shall, on or before March 1
each year, make and file with the county auditor and the
commissioner of commerce a certificate stating the existence of
the firefighters' relief association and any other information
the commissioner or auditor may require.
Sec. 8. Minnesota Statutes 1988, section 80A.14,
subdivision 18, is reenacted.
Sec. 9. Minnesota Statutes 1988, section 115A.195, is
amended to read:
115A.195 [PUBLIC PARTICIPATION IN OWNERSHIP AND MANAGEMENT
OF FACILITY.]
The stabilization and containment facility developed under
sections 115A.18 to 115A.30 may be wholly owned by the state or
jointly owned by the state and a developer selected by the board
under section 115A.191 115A.192. The board chair may negotiate
and the board may enter agreements with a selected developer
providing terms and conditions for the development and operation
of the facility. If the agreements provide for capital
improvements or equipment, or for payment of state money, the
agreements may be implemented only if funds are appropriated and
available to the board for those purposes.
Sec. 10. Minnesota Statutes 1988, section 115C.08,
subdivision 3, is amended to read:
Subd. 3. [PETROLEUM TANK RELEASE CLEANUP FEE.] A petroleum
tank release cleanup fee is imposed on the use of tanks that
contain petroleum products subject to the inspection fee charged
in section 296.13 239.78. The fee must be collected in the
manner provided in sections 296.13 239.78 and 296.14. The fee
must be imposed as required under subdivision 3, at a rate of
$10 per 1,000 gallons of petroleum products as defined in
section 296.01, subdivision 2, rounded to the nearest 1,000
gallons. A distributor who fails to pay the fee imposed under
this section is subject to the penalties provided in section
296.15.
Sec. 11. Minnesota Statutes 1988, section 116.44,
subdivision 1, is amended to read:
Subdivision 1. [LIST OF AREAS.] By January 1, 1983, the
pollution control agency shall publish a preliminary list of
counties determined to contain natural resources sensitive to
the impacts of acid deposition. Sensitive areas shall be
designated on the basis of:
(a) the presence of plants and animal species which are
sensitive to acid deposition;
(b) geological information identifying those areas which
have insoluble bedrock which is incapable of adequately
neutralizing acid deposition; and
(c) existing acid deposition reports and data prepared by
the pollution control agency and the federal environmental
protection agency. The pollution control agency shall conduct
public meetings on the preliminary list of acid deposition
sensitive areas. Meetings shall be concluded by March 1, 1983,
and a final list published by May 1, 1983. The list shall not
be subject to the rulemaking or contested case provisions of
chapter 15 14.
Sec. 12. Minnesota Statutes 1988, section 124.646,
subdivision 1, is amended to read:
Subdivision 1. [SCHOOL LUNCH AID COMPUTATION.] (a) Each
school year, school districts participating in the national
school lunch program shall be paid by the state in the amount of
7.5 cents for each full paid student lunch served to students in
the district.
(b) Each school year, school districts participating in the
national school lunch program shall be paid by the state in the
amount of 7.5 cents for each full paid student lunch served to
students in the district.
Sec. 13. Minnesota Statutes 1988, section 141.35, is
amended to read:
141.35 [EXEMPTIONS.]
None of the provisions of sections 141.21 to 141.36 shall
apply to the following:
(a) Colleges authorized by the laws of Minnesota or of any
other state or foreign country to grant degrees;
(b) Schools of nursing accredited by the state board of
nursing or an equivalent public board of another state or
foreign country;
(c) Public schools as defined in section 120.05;
(d) Private schools complying with the requirements of
section 120.10, subdivision 2;
(e) Private and parochial nonprofit schools exempt from
taxation under the constitution of Minnesota;
(f) Courses taught to students in a valid apprenticeship
program taught by or required by a trade union;
(g) Schools exclusively engaged in training physically or
mentally handicapped persons for the state of Minnesota;
(h) Schools now or hereafter licensed by boards authorized
under Minnesota law to issue such licenses;
(i) Schools and educational programs, or training programs,
conducted by persons, firms, corporations, or associations, for
the training of their own employees, for which no fee is charged
the employee;
(j) Schools engaged exclusively in the teaching of purely
avocational or recreational subjects as determined by the
commissioner. Private schools teaching a method or procedure to
increase the speed with which a student reads are not within
this exemption;
(k) Driver training schools and instructors as defined in
section 171.33, subdivisions 1 and 2;
(l) Classes, courses, or programs conducted by a bona fide
trade, professional, or fraternal organization, solely for that
organization's membership;
(m) Courses of instruction in the fine arts provided by
organizations exempt from taxation pursuant to section 290.05
and registered with the Minnesota department of commerce
attorney general pursuant to chapter 309. "Fine arts" means
activities resulting in artistic creation or artistic
performance of works of the imagination which are engaged in for
the primary purpose of creative expression rather than
commercial sale or employment. In making this determination the
commissioner may seek the advice and recommendation of the
Minnesota board of the arts;
(n) Classes, courses, or programs intended to fulfill the
continuing education requirements for licensure or certification
in a profession, which classes, courses, or programs have been
approved by a legislatively or judicially established board or
agency responsible for regulating the practice of the
profession, and which are offered primarily to a person who
currently practices the profession.
Sec. 14. Minnesota Statutes 1988, section 144.122, is
amended to read:
144.122 [LICENSE AND PERMIT FEES.]
(a) The state commissioner of health, by rule, may
prescribe reasonable procedures and fees for filing with the
commissioner as prescribed by statute and for the issuance of
original and renewal permits, licenses, registrations, and
certifications issued under authority of the commissioner. The
expiration dates of the various licenses, permits,
registrations, and certifications as prescribed by the rules
shall be plainly marked thereon. Fees may include application
and examination fees and a penalty fee for renewal applications
submitted after the expiration date of the previously issued
permit, license, registration, and certification. The
commissioner may also prescribe, by rule, reduced fees for
permits, licenses, registrations, and certifications when the
application therefor is submitted during the last three months
of the permit, license, registration, or certification period.
Fees proposed to be prescribed in the rules shall be first
approved by the department of finance. All fees proposed to be
prescribed in rules shall be reasonable. The fees shall be in
an amount so that the total fees collected by the commissioner
will, where practical, approximate the cost to the commissioner
in administering the program. All fees collected shall be
deposited in the state treasury and credited to the general fund
unless otherwise specifically appropriated by law for specific
purposes.
(b) The commissioner may charge a fee for voluntary
certification of medical laboratories and environmental
laboratories, and for environmental and medical laboratory
services provided by the department, without complying with
subdivision 1 paragraph (a) or chapter 14. Fees charged for
environment and medical laboratory services provided by the
department must be approximately equal to the costs of providing
the services.
Sec. 15. Minnesota Statutes 1988, section 144.335,
subdivision 2, is amended to read:
Subd. 2. [PATIENT ACCESS.] (a) Upon request, a provider
shall supply to a patient complete and current information
possessed by that provider concerning any diagnosis, treatment
and prognosis of the patient in terms and language the patient
can reasonably be expected to understand.
(b) Upon a patient's written request, a provider, at a
reasonable cost to the patient, shall furnish to the patient (1)
copies of the patient's health record, including but not limited
to laboratory reports, X-rays, prescriptions, and other
technical information used in assessing the patient's health
condition, or (2) the pertinent portion of the record relating
to a condition specified by the patient. With the consent of
the patient, the provider may instead furnish only a summary of
the record. The provider may exclude from the health record
written speculations about the patient's health condition,
except that all information necessary for the patient's informed
consent must be provided.
(c) If a provider, as defined in subdivision 1, clause
(b)(1), reasonably determines that the information is
detrimental to the physical or mental health of the patient, or
is likely to cause the patient to inflict self harm, or to harm
another, the provider may withhold the information from the
patient and may supply the information to an appropriate third
party or to another provider, as defined in subdivision 1,
clause (b)(1). The other provider or third party may release
the information to the patient.
(d) A provider as defined in subdivision 1, clause
(b)(2)(3), shall release information upon written request
unless, prior to the request, a provider as defined in
subdivision 1, clause (b)(1), has designated and described a
specific basis for withholding the information as authorized by
paragraph (c).
Sec. 16. Minnesota Statutes 1988, section 168.33,
subdivision 2, is amended to read:
Subd. 2. [POWERS.] The registrar shall have the power to
appoint, hire and discharge and fix the compensation of the
necessary employees, in the manner provided by law, as may be
required to enable the registrar to properly carry out the
duties imposed by the provisions of this chapter. As of April
14, 1976, The registrar may appoint, and for cause discontinue,
a deputy registrar for any city as the public interest and
convenience may require, without regard to whether the county
auditor of the county in which the city is situated has been
appointed as the deputy registrar for the county or has been
discontinued as the deputy registrar for the county, and without
regard to whether the county in which the city is situated has
established a county license bureau which issues motor vehicle
licenses as provided in section 373.32.
Effective August 1, 1976, The registrar may appoint, and
for cause discontinue, a deputy registrar for any city as the
public interest and convenience may require, if the auditor for
the county in which the city is situated chooses not to accept
appointment as the deputy registrar for the county or is
discontinued as a deputy registrar, or if the county in which
the city is situated has not established a county license bureau
which issues motor vehicle license as provided in section
373.32. Any person appointed by the registrar as a deputy
registrar for any city shall be a resident of the county in
which the city is situated.
The registrar may appoint, and for cause discontinue, the
county auditor of each county as a deputy registrar. Upon
approval of the county board, the auditor, with the approval of
the director of motor vehicles, may appoint, and for cause
discontinue, the clerk or equivalent officer of each city or any
other person as a deputy registrar as public interest and
convenience may require, regardless of the appointee's county of
residence. Notwithstanding any other provision, a person other
than a county auditor or a director of a county license bureau,
who was appointed by the registrar before August 1, 1976, as a
deputy registrar for any city, may continue to serve as deputy
registrar and may be discontinued for cause only by the
registrar. The county auditor who appointed the deputy
registrars shall be responsible for the acts of deputy
registrars appointed by the auditor. Each such deputy, before
entering upon the discharge of duties, shall take and subscribe
an oath to faithfully discharge the duties and to uphold the
laws of the state. If a deputy registrar appointed hereunder is
not an officer or employee of a county or city, such deputy
shall in addition give bond to the state in the sum of $10,000,
or such larger sum as may be required by the registrar,
conditioned upon the faithful discharge of duties as deputy
registrar. A corporation governed by chapter 302A may be
appointed a deputy registrar. Upon application by an individual
serving as a deputy registrar and the giving of the requisite
bond as provided in subdivision 2, personally assured by the
individual or another individual approved by the commissioner of
public safety, a corporation named in an application shall
become the duly appointed and qualified successor to the deputy
registrar. Each deputy registrar appointed hereunder shall keep
and maintain, in a convenient public place within the place for
which appointed, a registration and motor vehicle tax collection
bureau, to be approved by the registrar, for the registration of
motor vehicles and the collection of motor vehicle taxes
thereon. The deputy registrar shall keep such records and make
such reports to the registrar as that officer, from time to
time, may require. Such records shall be maintained at the
facility of the deputy registrar. The records and facilities of
the deputy registrar shall at all times be open to the
inspection of the registrar or the registrar's agents. The
deputy registrar shall report to the registrar by the next
working day following receipt all registrations made and taxes
and fees collected by the deputy registrar. The filing fee
imposed pursuant to subdivision 7 shall be deposited in the
treasury of the place for which appointed, or if not a public
official, such deputy shall retain the filing fee, but the
registration tax and any additional fees for delayed
registration the deputy registrar has collected the deputy
registrar shall deposit by the next working day following
receipt in an approved state depository to the credit of the
state through the state treasurer. The place for which the
deputy registrar is appointed through its governing body shall
provide the deputy registrar with facilities and personnel to
carry out the duties imposed by this subdivision if such deputy
is a public official. In all other cases, the deputy shall
maintain a suitable facility for serving the public.
Sec. 17. Minnesota Statutes 1988, section 169.345,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] For the purpose of this section,
"physically handicapped person" means a person who:
(1) because of disability cannot walk without significant
risk of falling;
(2) because of disability cannot walk 200 feet without
stopping to rest;
(3) because of disability cannot walk without the aid of
another person, a walker, a cane, crutches, braces, a prosthetic
device, or a wheelchair;
(4) is restricted by a respiratory disease to such an
extent that the person's forced (respiratory) expiratory volume
for one second, when measured by spirometry, is less than one
meter liter;
(5) has an arterial oxygen tension (PAO2) of less than 60
mm/hg mm/Hg on room air at rest;
(6) uses portable oxygen; or
(7) has a cardiac condition to the extent that the person's
functional limitations are classified in severity as class III
or class IV according to standards set by the American Heart
Association.
Sec. 18. Minnesota Statutes 1988, section 176.131,
subdivision 1, is amended to read:
Subdivision 1. If an employee incurs personal injury and
suffers disability from that injury alone that is substantially
greater, because of a preexisting physical impairment, than what
would have resulted from the personal injury alone, the employer
or insurer shall pay all compensation provided by this chapter,
but the employer shall be reimbursed from the special
compensation fund for all compensation paid in excess of 52
weeks of monetary benefits and $2,000 in medical expenses,
subject to the exceptions in paragraphs (a), and (b), and (c):
(a) If the disability caused by the subsequent injury is
made substantially greater by the employee's registered
preexisting physical impairment, there shall be apportionment of
liability among all injuries. The special compensation fund
shall only reimburse for that portion of the compensation,
medical expenses, and rehabilitation expenses attributed to the
subsequent injury after the applicable deductible has been met.
(b) If the subsequent personal injury alone results in
permanent partial disability to a scheduled member under the
schedule adopted by the commissioner pursuant to section
176.105, the special compensation fund shall not reimburse
permanent partial disability, medical expenses, or
rehabilitation expenses.
Sec. 19. Minnesota Statutes 1988, section 205.065,
subdivision 1, is amended to read:
Subdivision 1. [CITIES OF FIRST CLASS.] A municipal
primary for the purpose of nominating elective officers may be
held in any city of the first class on the second or third
Tuesday in March of any year in which a municipal general
election is to be held for the purpose of electing officers.
If the majority of the governing body of a city of the
first class adopted a resolution after June 24, 1957
establishing the second or third Tuesday in March for holding
its municipal primary in any year in which its municipal general
election is held, and if the city clerk or other officer of the
city charged with keeping the minutes and records of the
governing body filed a certified copy of the resolution with the
secretary of state and another certified copy of the resolution
with the county recorder of the county in which the city is
located, the time established by the resolution for holding the
municipal primary is fixed, and the governing body of the city
may not change the time unless the authority to make the change
is conferred on the governing body by the legislature, or by an
amendment to the charter of the city duly ratified and accepted
by the eligible voters of the city, in accordance with the
constitution of the state of Minnesota, article IV, section 36,
and other applicable law.
Sec. 20. Minnesota Statutes 1988, section 205.18,
subdivision 2, is amended to read:
Subd. 2. [RESOLUTION OF GOVERNING BODY.] Not less than 60
days after April 25, 1957, the governing body of any city of the
first class may, by a majority vote of all the members of such
body, adopt a resolution fixing and establishing the second or
third Tuesday in March for the holding of such municipal primary
in any year in which a general municipal election is to be held
in such city. If and when the governing body of any such city
adopts a resolution fixing and establishing the time of the
holding of a municipal primary, as provided for in this section,
the city clerk or other officer of such city charged with the
duty of keeping the minutes and records of the governing body of
such city, shall forthwith file a duly certified copy of such
resolution with the secretary of state and another duly
certified copy of such resolution with the county recorder of
the county in which such city is located; and thereupon, the
time fixed and established by such resolution for the holding of
such municipal primary shall become fixed, and no power shall
thereafter exist in the governing body of any such city to
change the time of the holding of such municipal primary unless
the authority to make such change is thereafter conferred upon
such governing body by an act of the legislature, or by an
amendment to the charter of such city duly ratified and accepted
by the qualified electors of such city, in accordance with the
constitution of the state of Minnesota, Article IV, Section 36,
and all applicable acts thereunto enabling.
Sec. 21. Minnesota Statutes 1988, section 214.01,
subdivision 2, is amended to read:
Subd. 2. "Health-related licensing board" means the board
of examiners of nursing home administrators established pursuant
to section 144A.19, the board of medical examiners created
pursuant to section 147.01, the board of nursing created
pursuant to section 148.181, the board of chiropractic examiners
established pursuant to section 148.02, the board of optometry
established pursuant to section 148.52, the board of psychology
established pursuant to section 148.90, the social work
licensing board pursuant to section 148B.19, the board of
marriage and family therapy pursuant to section 148B.30, the
board of unlicensed mental health service providers established
pursuant to section 148B.41, the board of dentistry established
pursuant to section 150A.02, the board of pharmacy established
pursuant to section 151.02, the board of podiatric medicine
established pursuant to section 153.02, and the board of
veterinary medicine, established pursuant to section 156.01.
Sec. 22. Minnesota Statutes 1988, section 256.01,
subdivision 2, is amended to read:
Subd. 2. [SPECIFIC POWERS.] Subject to the provisions of
section 241.021, subdivision 2, the commissioner of human
services shall:
(1) Administer and supervise all forms of public assistance
provided for by state law and other welfare activities or
services as are vested in the commissioner. Administration and
supervision of human services activities or services includes,
but is not limited to, assuring timely and accurate distribution
of benefits, completeness of service, and quality program
management. In addition to administering and supervising human
services activities vested by law in the department, the
commissioner shall have the authority to:
(a) require local agency participation in training and
technical assistance programs to promote compliance with
statutes, rules, federal laws, regulations, and policies
governing human services;
(b) monitor, on an ongoing basis, the performance of local
agencies in the operation and administration of human services,
enforce compliance with statutes, rules, federal laws,
regulations, and policies governing welfare services and promote
excellence of administration and program operation;
(c) develop a quality control program or other monitoring
program to review county performance and accuracy of benefit
determinations;
(d) require local agencies to make an adjustment to the
public assistance benefits issued to any individual consistent
with federal law and regulation and state law and rule and to
issue or recover benefits as appropriate;
(e) delay or deny payment of all or part of the state and
federal share of benefits and administrative reimbursement
according to the procedures set forth in section 256.017; and
(f) make contracts with and grants to public and private
agencies and organizations, both profit and nonprofit, and
individuals, using appropriated funds.
(2) Inform local agencies, on a timely basis, of changes in
statute, rule, federal law, regulation, and policy necessary to
local agency administration of the programs.
(3) Administer and supervise all child welfare activities;
promote the enforcement of laws protecting handicapped,
dependent, neglected and delinquent children, and children born
to mothers who were not married to the children's fathers at the
times of the conception nor at the births of the children;
license and supervise child-caring and child-placing agencies
and institutions; supervise the care of children in boarding and
foster homes or in private institutions; and generally perform
all functions relating to the field of child welfare now vested
in the state board of control.
(4) Administer and supervise all noninstitutional service
to handicapped persons, including those who are visually
impaired, hearing impaired, or physically impaired or otherwise
handicapped. The commissioner may provide and contract for the
care and treatment of qualified indigent children in facilities
other than those located and available at state hospitals when
it is not feasible to provide the service in state hospitals.
(5) Assist and actively cooperate with other departments,
agencies and institutions, local, state, and federal, by
performing services in conformity with the purposes of Laws
1939, chapter 431.
(6) Act as the agent of and cooperate with the federal
government in matters of mutual concern relative to and in
conformity with the provisions of Laws 1939, chapter 431,
including the administration of any federal funds granted to the
state to aid in the performance of any functions of the
commissioner as specified in Laws 1939, chapter 431, and
including the promulgation of rules making uniformly available
medical care benefits to all recipients of public assistance, at
such times as the federal government increases its participation
in assistance expenditures for medical care to recipients of
public assistance, the cost thereof to be borne in the same
proportion as are grants of aid to said recipients.
(7) Establish and maintain any administrative units
reasonably necessary for the performance of administrative
functions common to all divisions of the department.
(8) The commissioner is designated as guardian of both the
estate and the person of all the wards of the state of
Minnesota, whether by operation of law or by an order of court,
without any further act or proceeding whatever, except as to
persons committed as mentally retarded.
(9) Act as coordinating referral and informational center
on requests for service for newly arrived immigrants coming to
Minnesota.
(10) The specific enumeration of powers and duties as
hereinabove set forth shall in no way be construed to be a
limitation upon the general transfer of powers herein contained.
(11) Establish county, regional, or statewide schedules of
maximum fees and charges which may be paid by local agencies for
medical, dental, surgical, hospital, nursing and nursing home
care and medicine and medical supplies under all programs of
medical care provided by the state and for congregate living
care under the income maintenance programs.
(12) Have the authority to conduct and administer
experimental projects to test methods and procedures of
administering assistance and services to recipients or potential
recipients of public welfare. To carry out such experimental
projects, it is further provided that the commissioner of human
services is authorized to waive the enforcement of existing
specific statutory program requirements, rules, and standards in
one or more counties. The order establishing the waiver shall
provide alternative methods and procedures of administration,
shall not be in conflict with the basic purposes, coverage, or
benefits provided by law, and in no event shall the duration of
a project exceed four years. It is further provided that no
order establishing an experimental project as authorized by the
provisions of this section shall become effective until the
following conditions have been met:
(a) The proposed comprehensive plan including estimated
project costs and the proposed order establishing the waiver
shall be filed with the secretary of the senate and chief clerk
of the house of representatives at least 60 days prior to its
effective date.
(b) The secretary of health, education, and welfare of the
United States has agreed, for the same project, to waive state
plan requirements relative to statewide uniformity.
(c) A comprehensive plan, including estimated project
costs, shall be approved by the legislative advisory commission
and filed with the commissioner of administration.
(13) In accordance with federal requirements establish
procedures to be followed by local welfare boards in creating
citizen advisory committees, including procedures for selection
of committee members.
(14) Allocate federal fiscal disallowances or sanctions
which are based on quality control error rates for the aid to
families with dependent children, medical assistance, or food
stamp program in the following manner:
(a) One-half of the total amount of the disallowance shall
be borne by the county boards responsible for administering the
programs. For the medical assistance and AFDC programs,
disallowances shall be shared by each county board in the same
proportion as that county's expenditures for the sanctioned
program are to the total of all counties' expenditures for the
AFDC and medical assistance programs. For the food stamp
program, sanctions shall be shared by each county board, with 50
percent of the sanction being distributed to each county in the
same proportion as that county's administrative costs for food
stamps are to the total of all food stamp administrative costs
for all counties, and 50 percent of the sanctions being
distributed to each county in the same proportion as that
county's value of food stamp benefits issued are to the total of
all benefits issued for all counties. Each county shall pay its
share of the disallowance to the state of Minnesota. When a
county fails to pay the amount due hereunder, the commissioner
may deduct the amount from reimbursement otherwise due the
county, or the attorney general, upon the request of the
commissioner, may institute civil action to recover the amount
due.
(b) Notwithstanding the provisions of paragraph (a), if the
disallowance results from knowing noncompliance by one or more
counties with a specific program instruction, and that knowing
noncompliance is a matter of official county board record, the
commissioner may require payment or recover from the county or
counties, in the manner prescribed in paragraph (a), an amount
equal to the portion of the total disallowance which resulted
from the noncompliance, and may distribute the balance of the
disallowance according to paragraph (a).
(15) Develop and implement special projects that maximize
reimbursements and result in the recovery of money to the
state. For the purpose of recovering state money, the
commissioner may enter into contracts with third parties. Any
recoveries that result from projects or contracts entered into
under this paragraph shall be deposited in the state treasury
and credited to a special account until the balance in the
account reaches $400,000. When the balance in the account
exceeds $400,000, the excess shall be transferred and credited
to the general fund. All money in the account is appropriated
to the commissioner for the purposes of this paragraph.
(16) Have the authority to make direct payments to
facilities providing shelter to women and their children
pursuant to section 256D.05, subdivision 3. Upon the written
request of a shelter facility that has been denied payments
under section 256.05 256D.05, subdivision 3, the commissioner
shall review all relevant evidence and make a determination
within 30 days of the request for review regarding issuance of
direct payments to the shelter facility. Failure to act within
30 days shall be considered a determination not to issue direct
payments.
Sec. 23. Minnesota Statutes 1988, section 256B.69,
subdivision 16, is amended to read:
Subd. 16. [PROJECT EXTENSION.] Minnesota Rules, parts
9550.1450 9500.1450; 9500.1451; 9500.1452; 9500.1453; 9500.1454;
9500.1455; 9500.1456; 9500.1457; 9500.1458; 9500.1459;
9500.1460; 9500.1461; 9500.1462; 9500.1463; and 9500.1464 are
extended until December 31, 1990.
Sec. 24. Minnesota Statutes 1988, section 256D.03,
subdivision 4, is amended to read:
Subd. 4. [GENERAL ASSISTANCE MEDICAL CARE; SERVICES.] (a)
Reimbursement under the general assistance medical care program
shall be limited to the following categories of service:
inpatient hospital care, outpatient hospital care, services
provided by medicare certified rehabilitation agencies,
prescription drugs, equipment necessary to administer insulin
and diagnostic supplies and equipment for diabetics to monitor
blood sugar level, eyeglasses and eye examinations provided by a
physician or optometrist, hearing aids, prosthetic devices,
laboratory and X-ray services, physician's services, medical
transportation, chiropractic services as covered under the
medical assistance program, podiatric services, and dental
care. In addition, payments of state aid shall be made for:
(1) outpatient services provided by a mental health center
or clinic that is under contract with the county board and is
certified under Minnesota Rules, parts 9520.0750 to 9520.0870;
(2) day treatment services provided under contract with the
county board; and
(3) prescribed medications for persons who have been
diagnosed as mentally ill as necessary to prevent more
restrictive institutionalization.
(b) In order to contain costs, the commissioner of human
services shall select vendors of medical care who can provide
the most economical care consistent with high medical standards
and shall where possible contract with organizations on a
prepaid capitation basis to provide these services. The
commissioner shall consider proposals by counties and vendors
for prepaid health plans, competitive bidding programs, block
grants, or other vendor payment mechanisms designed to provide
services in an economical manner or to control utilization, with
safeguards to ensure that necessary services are provided.
Before implementing prepaid programs in counties with a county
operated or affiliated public teaching hospital or a hospital or
clinic operated by the University of Minnesota, the commissioner
shall consider the risks the prepaid program creates for the
hospital and allow the county or hospital the opportunity to
participate in the program in a manner that reflects the risk of
adverse selection and the nature of the patients served by the
hospital, provided the terms of participation in the program are
competitive with the terms of other participants considering the
nature of the population served. Payment for services provided
pursuant to this subdivision shall be as provided to medical
assistance vendors of these services under sections 256B.02,
subdivision 8, and 256B.0625. The rates payable under this
section must be calculated according to section 256B.031,
subdivision 4.
(c) The commissioner of human services may reduce payments
provided under sections 256D.01 to 256D.21 and 261.23 in order
to remain within the amount appropriated for general assistance
medical care, within the following restrictions.
For the period July 1, 1985, to December 31, 1985,
reductions below the cost per service unit allowable under
section 256.966, are permitted only as follows: payments for
inpatient and outpatient hospital care provided in response to a
primary diagnosis of chemical dependency or mental illness may
be reduced no more than 30 percent; payments for all other
inpatient hospital care may be reduced no more than 20 percent.
Reductions below the payments allowable under general assistance
medical care for the remaining general assistance medical care
services allowable under this subdivision may be reduced no more
than ten percent.
For the period January 1, 1986 to December 31, 1986,
reductions below the cost per service unit allowable under
section 256.966 are permitted only as follows: payments for
inpatient and outpatient hospital care provided in response to a
primary diagnosis of chemical dependency or mental illness may
be reduced no more than 20 percent; payments for all other
inpatient hospital care may be reduced no more than 15 percent.
Reductions below the payments allowable under general assistance
medical care for the remaining general assistance medical care
services allowable under this subdivision may be reduced no more
than five percent.
For the period January 1, 1987 to June 30, 1987, reductions
below the cost per service unit allowable under section 256.966
are permitted only as follows: payments for inpatient and
outpatient hospital care provided in response to a primary
diagnosis of chemical dependency or mental illness may be
reduced no more than 15 percent; payments for all other
inpatient hospital care may be reduced no more than ten
percent. Reductions below the payments allowable under medical
assistance for the remaining general assistance medical care
services allowable under this subdivision may be reduced no more
than five percent.
For the period July 1, 1987, to June 30, 1988, reductions
below the cost per service unit allowable under section 256.966
are permitted only as follows: payments for inpatient and
outpatient hospital care provided in response to a primary
diagnosis of chemical dependency or mental illness may be
reduced no more than 15 percent; payments for all other
inpatient hospital care may be reduced no more than five percent.
Reductions below the payments allowable under medical assistance
for the remaining general assistance medical care services
allowable under this subdivision may be reduced no more than
five percent.
For the period July 1, 1988, to June 30, 1989, reductions
below the cost per service unit allowable under section 256.966
are permitted only as follows: payments for inpatient and
outpatient hospital care provided in response to a primary
diagnosis of chemical dependency or mental illness may be
reduced no more than 15 percent; payments for all other
inpatient hospital care may not be reduced. Reductions below
the payments allowable under medical assistance for the
remaining general assistance medical care services allowable
under this subdivision may be reduced no more than five percent.
There shall be no copayment required of any recipient of
benefits for any services provided under this subdivision. A
hospital receiving a reduced payment as a result of this section
may apply the unpaid balance toward satisfaction of the
hospital's bad debts.
(d) Any county may, from its own resources, provide medical
5 payments for which state payments are not made.
(e) Chemical dependency services that are reimbursed under
Laws 1986, chapter 394, sections 8 to 20, must not be reimbursed
under general assistance medical care.
(f) The maximum payment for new vendors enrolled in the
general assistance medical care program after the base year
shall be determined from the average usual and customary charge
of the same vendor type enrolled in the base year.
Sec. 25. Minnesota Statutes 1988, section 256G.02,
subdivision 4, is amended to read:
Subd. 4. [COUNTY OF FINANCIAL RESPONSIBILITY.] (a) "County
of financial responsibility" has the meanings in paragraphs (b)
to (e).
(b) For an applicant who resides in the state and is not in
a facility described in subdivision 5 6, it means the county in
which the applicant resides at the time of application.
(c) For an applicant who resides in a facility described in
subdivision 5 6, it means the county in which the applicant last
resided in nonexcluded status immediately before entering the
facility.
(d) For an applicant who has not resided in this state for
any time other than the excluded time, it means the county in
which the applicant resides at the time of making application.
(e) If more than one named program is open concurrently,
financial responsibility for social services attaches to the
program that has the earliest date of application and has been
open without interruption.
(f) Notwithstanding paragraphs (b) to (e), the county of
financial responsibility for semi-independent living services
provided under section 252.275, and Minnesota Rules, parts
9525.0500 to 9525.0660, is the county of residence in
nonexcluded status immediately before the placement into or
request for those services.
Sec. 26. Minnesota Statutes 1988, section 256G.06, is
amended to read:
256G.06 [DETOXIFICATION SERVICES.]
The county of financial responsibility for detoxification
services is the county where the client is physically present
when the need for services is identified. If that need is
identified while the client is a resident of a chemical
dependency facility, the provisions of section 256G.02,
subdivision 3 4, paragraphs (b), (c), and (e) apply.
Sec. 27. Minnesota Statutes 1988, section 260.125,
subdivision 6, is repealed.
Sec. 28. Minnesota Statutes 1988, section 268.10,
subdivision 1, is amended to read:
Subdivision 1. [FILING.] (a) Claims for benefits shall be
made in accordance with such rules as the commissioner may
prescribe. Each employer shall post and maintain printed
statements of such rules in places readily accessible to
individuals in the employer's service and shall make available
to each such individual at the time of becoming unemployed, a
printed statement of such rules. Such printed statements shall
be supplied by the commissioner to each employer without cost to
the employer.
(b) Any employer upon separation of an employee from
employment for any reason which may result in disqualification
for benefits under section 268.09, shall furnish to such
employee a separation notice which shall provide the employer's
name, address, and employer account number as registered with
the department, the employee's name and social security account
number, the inclusive dates of employment, and the reason for
the separation. A copy of such separation notice shall be filed
with the commissioner within seven days of such separation. The
commissioner shall require each individual filing a claim for
benefits to establish a benefit year to furnish the reason for
separation from all employers in the individual's base period.
(c) For the purpose of complying with section 268.04,
subdivision 2, the commissioner may require all base period
employers to provide such information as the commissioner may
prescribe, including, but not limited to, wages paid during any
part of the base period, whether or not such information was
previously provided.
(d) Upon establishment of a benefit year, the commissioner
shall give notice to the last employer for whom the individual
worked and all base period employers. The employer so notified
shall have seven days after the mailing of the notice to file a
protest to monetary entitlement or a protest raising an issue of
ineligibility or disqualification.
(e) If, upon review of the wage information on file with
the department, it is found that an employer failed to provide
wage information for the claimant, the commissioner shall accept
a claimant certification as to the wage credits earned, based
upon the claimant's records, and issue a monetary determination
of validity certification. This determination may be modified
based upon corrected information subsequently received from the
employer or other sources. The employer who failed to report
the individual's wages or filed an erroneous report may be
penalized in accordance with section 268.16 or 268.18. In the
absence of fraud, if a redetermination of validity of claim
based on an employer's late corrected or erroneous report
subsequently cancels or reduces the amount of benefits to which
a claimant was entitled under the initial determination, the
claimant shall not be required to make repayment to the fund of
any benefits paid prior to such redetermination; and
(f) The commissioner shall determine any issue raised under
paragraph (d) or by an employer's late report. If an employer
fails to file a separation notice within the time limits
prescribed in paragraph (b), any relief from benefit charges
provided by section 268.09, subdivision 1, clause (4) paragraph
(e), shall apply to weeks of unemployment beginning after the
filing of the late report or protest.
Sec. 29. Minnesota Statutes 1988, section 273.124,
subdivision 6, is amended to read:
Subd. 6. [LEASEHOLD COOPERATIVES.] When one or more
dwellings or one or more buildings which each contain several
dwelling units is owned by a nonprofit corporation subject to
the provisions of chapter 317 or a limited partnership which
corporation or partnership operates the property in conjunction
with a cooperative association, homestead treatment may be
claimed by the cooperative association on behalf of the members
of the cooperative for each dwelling unit occupied by a member
of the cooperative. The cooperative association must provide
the assessor with the social security numbers of those members.
To qualify for the treatment provided by this subdivision, the
following conditions must be met: (a) the cooperative
association must be organized under sections 308.05 to 308.18;
(b) the cooperative association must have a lease for occupancy
of the property for a term of at least 20 years; (c) to the
extent permitted under state or federal law, the cooperative
association must have a right under a written agreement with the
owner to purchase the property if the owner proposes to sell it;
if the cooperative association does not purchase the property
when it is offered for sale, the owner may not subsequently sell
the property to another purchaser at a price lower than the
price at which it was offered for sale to the cooperative
association unless the cooperative association approves the
sale; and (d) the cooperative must meet 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
his or her 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; and (e) if a limited partnership owns the property,
it must include as the managing general partner either the
cooperative association or a nonprofit organization operating
under the provisions of chapter 317. Homestead treatment must
be afforded to units occupied by members of the cooperative
association and the units must be assessed as provided in
subdivision 3, provided that any unit not so occupied shall be
classified and assessed pursuant to the appropriate class. No
more than three acres of land may, for assessment purposes, be
included with each dwelling unit that qualifies for homestead
treatment under this subdivision.
Sec. 30. Laws 1987, chapter 268, article 5, section 5, is
repealed.
Sec. 31. Minnesota Statutes 1988, section 297.07,
subdivision 3, is amended to read:
Subd. 3. [DEALER MAY PROTEST; HEARING.] If, within 30 days
after mailing of notice of the assessment, the distributor or a
legal representative shall file a protest to said assessment and
request a hearing thereon, the commissioner shall give notice to
that distributor or legal representative of the time and place
fixed for the hearing, and shall hold a hearing in conformity
with the provisions of sections 297.01 to 297.13. The tax due
must be paid within 60 days after the mailing date of the
assessment notice.
Sec. 32. Minnesota Statutes 1988, section 297.35,
subdivision 3, is amended to read:
Subd. 3. If, within 30 days after mailing of notice of the
assessment, the taxpayer or a legal representative shall file a
protest to said assessment and request a hearing thereon, the
commissioner shall give notice to that taxpayer or legal
representative of the time and place fixed for the hearing, and
shall hold a hearing on such protest. Any tax due and owing
after an assessment order has been issued to the distributor or
legal representative of such distributor shall be paid within 60
days. Any such assessment made by the commissioner shall be
prima facie correct and valid, and the taxpayer shall have the
burden of establishing its incorrectness or invalidity in any
action or proceeding in respect thereto.
Sec. 33. Minnesota Statutes 1988, section 326.01,
subdivision 21, is repealed.
Sec. 34. Minnesota Statutes 1988, section 340A.414,
subdivision 6, is amended to read:
Subd. 6. [PERMIT FEES.] The annual fee for issuance of a
permit under this section is $150. The governing body of a city
or county where the establishment is located may impose an
addition of additional fee of not more than $300.
Sec. 35. Minnesota Statutes 1988, section 349.213,
subdivision 2, is amended to read:
Subd. 2. [LOCAL APPROVAL.] Before issuing or renewing an
organization license, the board must notify the city council of
the statutory or home rule city in which the organization's
premises are located or, if the premises are located outside a
city, by the county board of the county and the town board of
the town where the premises are located. If the city council or
county board adopts a resolution disapproving the license and so
informs the board within 60 days of receiving notice of the
license, the license may not be issued or renewed.
Sec. 36. Minnesota Statutes 1988, section 362A.08, is
repealed.
Sec. 37. Minnesota Statutes 1988, section 363.06,
subdivision 4, is amended to read:
Subd. 4. [INQUIRY INTO CHARGE.] (1) Consistent with clause
(7), the commissioner shall promptly inquire into the truth of
the allegations of the charge. The commissioner shall make an
immediate inquiry when a charge alleges actual or threatened
physical violence. The commissioner shall also make an
immediate inquiry when it appears that a charge is frivolous or
without merit and shall dismiss those charges.
The commissioner shall give priority to investigating and
processing those charges, in the order below, which the
commissioner determines have the following characteristics:
(a) there is evidence of irreparable harm if immediate
action is not taken;
(b) there is evidence that the respondent has intentionally
engaged in a reprisal;
(c) a significant number of recent charges have been filed
against the respondent;
(d) the respondent is a government entity;
(e) there is potential for broadly promoting the policies
of this chapter; or
(f) the charge is supported by substantial and credible
documentation, witnesses, or other evidence.
The commissioner shall inform charging parties of these
priorities and shall tell each party if their charge is a
priority case or not.
On other charges the commissioner shall make a
determination within 12 months after the charge was filed as to
whether or not there is probable cause to credit the allegation
of unfair discriminatory practices, and
(2) If the commissioner determines after investigation that
no probable cause exists to credit the allegations of the unfair
discriminatory practice, the commissioner shall, within ten days
of the determination, serve upon the charging party and
respondent written notice of the determination. Within ten days
after receipt of notice, the charging party may request in
writing, on forms prepared by the department, that the
commissioner reconsider the determination. The request shall
contain a brief statement of the reasons for and new evidence in
support of the request for reconsideration. At the time of
submission of the request to the commissioner, the charging
party shall deliver or mail to the respondent a copy of the
request for reconsideration. The commissioner shall either
reaffirm or reverse the determination of no probable cause
within 20 days after receipt of the request for reconsideration,
and shall within ten days notify in writing the charging party
and respondent of the decision to reaffirm or reverse.
A decision by the commissioner that no probable cause
exists to credit the allegations of an unfair discriminatory
practice shall not be appealed to the court of appeals pursuant
to section 363.072 or sections 14.63 to 14.68.
(3) If the commissioner determines after investigation that
probable cause exists to credit the allegations of unfair
discriminatory practices, the commissioner shall serve on the
respondent and the respondent's attorney if the respondent is
represented by counsel, by first class mail, a notice setting
forth a short plain written statement of the alleged facts which
support the finding of probable cause and an enumeration of the
provisions of law allegedly violated. If the commissioner
determines that attempts to eliminate the alleged unfair
practices through conciliation pursuant to subdivision 5 have
been or would be unsuccessful or unproductive, the commissioner
shall issue a complaint and serve on the respondent, by
registered or certified mail, a written notice of hearing
together with a copy of the complaint, requiring the respondent
to answer the allegations of the complaint at a hearing before
an administrative law judge at a time and place specified in the
notice, not less than ten days after service of said complaint.
A copy of the notice shall be furnished to the charging party
and the attorney general.
(4) If, at any time after the filing of a charge, the
commissioner has reason to believe that a respondent has engaged
in any unfair discriminatory practice, the commissioner may file
a petition in the district court in a county in which the
subject of the complaint occurs, or in a county in which a
respondent resides or transacts business, seeking appropriate
temporary relief against the respondent, pending final
determination of proceedings under this chapter, including an
order or decree restraining the respondent from doing or
procuring an act tending to render ineffectual an order the
commissioner may enter with respect to the complaint. The court
shall have power to grant temporary relief or a restraining
order as it deems just and proper, but no relief or order
extending beyond ten days shall be granted except by consent of
the respondent or after hearing upon notice to the respondent
and a finding by the court that there is reasonable cause to
believe that the respondent has engaged in a discriminatory
practice. Except as modified by this section, the Minnesota
rules of civil procedure shall apply to an application, and the
district court shall have authority to grant or deny the relief
sought on conditions as it deems just and equitable. All
hearings under this section shall be given precedence as nearly
as practicable over all other pending civil actions.
(5) If a lessor, after engaging in a discriminatory
practice defined in section 363.03, subdivision 2, clause
(1)(a), leases or rents a dwelling unit to a person who has no
knowledge of the practice or of the existence of a charge with
respect to the practice, the lessor shall be liable for actual
damages sustained by a person by reason of a final order as
provided in this section requiring the person to be evicted from
the dwelling unit.
(6) In any complaint issued under this section, the
commissioner may seek relief for a class of individuals affected
by an unfair discriminatory practice occurring on or after a
date 300 days one year prior to the filing of the charge from
which the complaint originates.
(7) The commissioner may adopt policies to determine which
charges are processed and the order in which charges are
processed based on their particular social or legal
significance, administrative convenience, difficulty of
resolution, or other standard consistent with the provisions of
this chapter.
(8) The chief administrative law judge shall adopt policies
to provide sanctions for intentional and frivolous delay caused
by any charging party or respondent in an investigation,
hearing, or any other aspect of proceedings before the
department under this chapter.
Sec. 38. Minnesota Statutes 1988, section 473.845,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] The metropolitan landfill
contingency action fund is created as an account in the state
treasury. The fund consists of revenue deposited in the fund
under section 473.843, subdivision 2, clause (b); amounts
recovered under subdivision 6 7; and interest earned on
investment of money in the fund.
Sec. 39. Minnesota Statutes 1988, section 480A.02,
subdivision 7, is amended to read:
Subd. 7. [COMPENSATION; TRAVEL EXPENSES.] The salary of a
judge of the court of appeals shall be as provided by
section 15A.083 15A.082. Travel expenses shall be paid by the
state in the same manner and amount as provided for judges of
the district court in section 484.54.
Sec. 40. Minnesota Statutes 1988, section 485.018,
subdivision 2, is amended to read:
Subd. 2. [SET BY BOARD.] The county board of each of the
counties specified in subdivision 1 annually shall set by
resolution the salary of the court administrator of district
court which shall be paid to the court administrator of district
court at such intervals as the board shall determine but not
less often than once each month. At the January meeting prior
to the first date on which applicants may file for the office of
court administrator of district court the board shall set by
resolution the minimum salary to be paid the court administrator
of district court for the term next following. In the event a
vacancy occurs in the office of the court administrator of
district court the board may set the annual salary for the
remainder of the calendar year at an amount less than was set
for that year. The board in any case specified in this
subdivision may not set the annual salary at an amount less than
the minimums provided in subdivision 1 but it may set the salary
in excess of such minimums. The salary of the court
administrator of district court shall not be reduced during the
term for which the court administrator is elected or appointed.
In the event that duties are assigned to the court
administrator of district court which are in addition to the
court administrator's duties as court administrator, additional
compensation may be provided for the additional duties. The
county board by resolution shall determine the additional
compensation which shall be paid and specify the duties for
which the additional compensation is to be paid.
Sec. 41. Minnesota Statutes 1988, section 515A.3-115, is
amended to read:
515A.3-115 [LIEN FOR ASSESSMENTS.]
(a) The association has a lien on a unit for any assessment
levied against that unit from the time the assessment becomes
payable. The association's lien may be foreclosed as provided
by the laws of this state as if it were a lien under a mortgage
containing a power of sale but the association shall give
reasonable notice of its action to all lienholders of the unit
whose interest would be affected. The rights of the parties
shall be the same as those provided by law except that the
period of redemption for unit owners shall be six months from
the date of sale. Unless the declaration otherwise provides,
fees, charges, late charges, and interest charges pursuant to
section 515A.3-102(8), (9) and (12) (11) are enforceable as
assessments under this section.
(b) A lien under this section is prior to all other liens
and encumbrances on a unit except (1) liens and encumbrances
recorded before the recordation of the declaration, (2) any
recorded mortgage on the unit securing a first mortgage holder,
and (3) liens for real estate taxes and other governmental
assessments or charges against the unit. This subsection does
not affect the priority of mechanics' or material suppliers'
liens.
(c) Recording of the declaration constitutes record notice
and perfection of the lien, and no further recordation of any
claim of lien for assessment under this section is required.
(d) Proceedings to enforce an assessment must be instituted
within three years after the last installment of the assessment
becomes payable.
(e) Unit owners at the time an assessment is payable are
personally liable to the association for payment of the
assessments.
(f) A foreclosure sale, judgment or decree in any action,
proceeding or suit brought under this section shall include
costs and reasonable attorney's fees for the prevailing party.
(g) The association shall furnish to a unit owner or the
owner's authorized agent upon written request of the unit owner
or the authorized agent a recordable statement setting forth the
amount of unpaid assessments currently levied against the
owner's unit. The statement shall be furnished within ten
business days after receipt of the request and is binding on the
association and every unit owner.
Sec. 42. Minnesota Statutes 1988, section 525.94,
subdivision 3, is amended to read:
Subd. 3. [DOCUMENTATION.] Notification under subdivision 1
2, as well as any identified contradiction to organ donation,
must be documented in the patient's medical record, which must
include the name of the person notified and the person's
relationship to the decedent.
Sec. 43. Minnesota Statutes 1988, section 548.09,
subdivision 2, is amended to read:
Subd. 2. [JUDGMENT CREDITOR'S AFFIDAVIT.] No judgment,
except for taxes, shall be docketed until the judgment creditor,
or the creditor's agent or attorney, has filed with the court
administrator an affidavit, stating the full name, occupation,
place of residence, and post office address of the judgment
debtor, to the best of affiant's information and belief. If the
residence is within an incorporated place having more than 5,000
inhabitants, the street number of both the judgment creditor's
debtor's place of residence and place of business, if the
creditor debtor has one, shall be stated.
Sec. 44. Minnesota Statutes 1988, section 604.02,
subdivision 1, is amended to read:
Subdivision 1. When two or more persons are jointly
liable, contributions to awards shall be in proportion to the
percentage of fault attributable to each, except that each is
jointly and severally liable for the whole award. Except in
cases where liability arises under chapters 18B - pesticide
control, 115 - water pollution control, 115A - waste management,
115B - environmental response and liability, 115C - leaking
underground storage tanks, and 299E 299J - pipeline safety,
public nuisance law for damage to the environment or the public
health, any other environmental or public health law, or any
environmental or public health ordinance or program of a
municipality as defined in section 466.01, a person whose fault
is 15 percent or less is liable for a percentage of the whole
award no greater than four times the percentage of fault,
including any amount reallocated to that person under
subdivision 2.
If the state or a municipality as defined in section 466.01
is jointly liable, and its fault is less than 35 percent, it is
jointly and severally liable for a percentage of the whole award
no greater than twice the amount of fault, including any amount
reallocated to the state or municipality under subdivision 2.
Sec. 45. Minnesota Statutes 1988, section 609.506,
subdivision 1, is amended to read:
Subdivision 1. [MISDEMEANOR.] Whoever with intent to
obstruct justice gives a fictitious name other than a nickname,
or gives a false date of birth, or false or fraudulently altered
identification card to a peace officer, as defined in section
626.84, subdivision 2 1, paragraph (c), when that officer makes
inquiries incident to a lawful investigatory stop or lawful
arrest, or inquiries incident to executing any other duty
imposed by law, is guilty of a misdemeanor.
Sec. 46. Minnesota Statutes 1988, section 611A.53,
subdivision 1, is amended to read:
Subdivision 1. [GENERALLY.] Except as provided in
subdivisions 1a and 2, the following persons shall be entitled
to reparations upon a showing by a preponderance of the evidence
that the requirements for reparations have been met:
(a) a victim who has incurred economic loss;
(b) a dependent who has incurred economic loss;
(c) the estate of a deceased victim if the estate has
incurred economic loss;
(d) any other person who has incurred economic loss by
purchasing any of the products, services, and accommodations
described in section 611A.52, clause (7) subdivision 8, for a
victim;
(e) the guardian, guardian ad litem, conservator or
authorized agent of any of these persons.
Sec. 47. Laws 1988, chapter 640, section 5, is amended to
read:
Sec. 5. [TAX-FORFEITED LAND SALE; MCLEOD COUNTY.]
Notwithstanding Minnesota Statutes, section 282.018, McLeod
county may sell in accordance with the other provisions of
Minnesota Statutes, chapter 282, the three tax-forfeited parcels
described as follows:
(1) Beginning at the Northwest corner of Lot "A" in
Schillings Addition to Lake Addie Townsite, running thence North
65' thence East 206.09', thence South 20', thence East by South
119', thence South 40', thence West 118', thence North 10',
thence West 206.09' to the point of beginning, and beginning at
a point 65' North of the Northwest corner of Lot "A" in
Schillings Addition to Lake Addie Townsite according to the plat
thereof thence running North to the right-of-way of the Chicago,
Milwaukee and St. Paul Railroad Company, thence Northeasterly
along said railway right-of-way 341.6', thence South to a point
40' North of the Northeast corner of Lot "M" in Schillings
Addition to Lake Addie Townsite, thence Northwesterly 119',
thence North 20', thence West to the point of beginning; and,
beginning at a point in the center of Buffalo Creek 50' North of
the Northeast corner of Lot "M" in Schillings Addition to Lake
Addie Townsite, according to the plat thereof on file and of
record in the office of the county recorder of McLeod county,
thence North 254' to the South line of right-of-way of the
Chicago, Milwaukee and St. Paul Railroad Company, thence South
34 84 degrees 32 minutes East along said right-of-way a distance
of 35' 85', thence South 261' to the center of Buffalo Creek,
thence Northwesterly 85.1' to the place of beginning, all of the
above being and lying in the Southeast Quarter of Southwest
Quarter of Section 29, Township 115 North, Range 29 West.
(2) Beginning at a point in the center of Buffalo Creek
442.09' East and 50' North of the Northeast Corner of Block 1 in
Lake Addie Townsite, according to the plat thereof on file and
of record in the office of the county recorder of the county of
McLeod, Minnesota thence North to the South Line of the
right-of-way of the Chicago, Milwaukee and St. Paul Railroad
Company thence Southeasterly along said right-of-way to a point
360' due East of the West line of this tract, thence South to
the center of Buffalo Creek, thence Westerly along the center of
Buffalo Creek, to the point of beginning, being and lying in the
Southeast Quarter of the Southwest Quarter and the Southwest
Quarter of the Southeast Quarter of Section 29, Township 115
North, Range 29 West.
(3) United States Government Lot 1 (0.90 ac.) in Section
14, Township 117 North, Range 27 West.
The parcels are all inaccessible and are not necessary for
public access to the adjacent public waters.
Sec. 48. Laws 1988, chapter 719, article 12, section 29,
is amended to read:
Sec. 29. [TRANSITION RULES.]
(a) The provisions of sections 3, 6, 10, and 14 16 do not
apply to proposed tax increment financing districts for which
the authority called for a public hearing in a resolution dated
March 23, 1987, and for which a public hearing was held on April
28, 1987. The provisions of Minnesota Statutes 1987 Supplement,
sections 469.174, subdivision 10, and 469.176, subdivision 4,
apply to such districts.
(b) The provisions of sections 3, 6, 10, and 14 16 do not
apply to candidate sites in the old highway 8 corridor tax
increment project area, identified in the old highway 8 corridor
plan as approved by an authority on October 14, 1986, if the
requests for certification of the districts are filed with the
county before January 1, 1998. The provisions of Minnesota
Statutes 1987 Supplement, sections 469.174, subdivision 10, and
469.176, subdivision 4, apply to such districts.
(c) The provisions of section 14 16, subdivision 4c, do not
apply to an economic development district located in a
development district approved on November 9, 1987, provided the
request for certification of the tax increment district is
submitted to the county by September 30, 1988.
Sec. 49. Laws 1965, chapter 267, section 1, is repealed.
Sec. 50. Laws 1971, chapter 830, section 7, is repealed.
Sec. 51. Laws 1976, chapters 2, section 62, and 173,
section 53, are repealed.
Sec. 52. Laws 1976, chapter 134, section 2, is repealed.
Sec. 53. Laws 1976, chapter 134, section 79, is amended to
read:
Sec. 79. [REPEALS.] Minnesota Statutes 1974, sections
3.922, subdivision 3; 10A.02, subdivision 6; 16.823, subdivision
5; 43.03, subdivision 3; 121.02, subdivision 2; 136.16; 136.61,
subdivisions 2 and 4; 136A.02, subdivision 4; 175.006,
subdivision 3; 216A.03, subdivision 2; 238.04, subdivisions 4
and 5; 241.045, subdivision 5; 271.01, subdivision 3; 299B.05,
subdivision 2; 352.03, subdivision 3; 363.04, subdivision 6;
462A.04, subdivisions 2, 3 and 5, are repealed.
Sec. 54. Laws 1976, chapter 163, section 10, is repealed.
Sec. 55. Laws 1977, chapter 35, section 8, is repealed.
Sec. 56. Minnesota Statutes 1988, section 473.605,
subdivision 2, is amended to read:
Subd. 2. Each commission member shall be paid a per diem
compensation of $50 for each meeting of the commission, one of
its committees, and attendance and participation at a meeting or
hearing as a representative of the commission pursuant to state
law or rule. Members shall be reimbursed for all actual and
necessary expenses incurred in the performance of their duties
in the same manner and amount as state employees. The chair
shall receive compensation as determined by the commission a
salary as prescribed in section 15A.081, subdivision 7, and
shall be reimbursed for reasonable expenses to the same extent
as a member. The mayors and members of the city councils of
Minneapolis and St. Paul shall not be eligible for per diem
compensation. The annual budget of the commission shall provide
as a separate account anticipated expenditures for per diem,
travel and associated expenses for the chair and members, and
compensation or reimbursement shall be made to the chair and
members only when budgeted.
Sec. 57. Laws 1978, chapter 496, section 1, is repealed.
Sec. 58. Laws 1978, chapter 706, section 31, is repealed.
Sec. 59. Laws 1979, chapter 48, section 2, is repealed.
Sec. 60. Laws 1979, chapter 184, section 3, is repealed.
Sec. 61. Laws 1981, chapter 271, section 1, is repealed.
Sec. 62. Laws 1982, chapter 514, section 15, is repealed.
Sec. 63. Laws 1983, chapter 242, section 1, is repealed.
Sec. 64. Laws 1983, chapter 247, section 38, is repealed.
Sec. 65. Laws 1983, chapter 289, section 4, is repealed.
Sec. 66. Laws 1983, chapter 290, sections 2 and 3, are
repealed.
Sec. 67. Laws 1983, chapter 299, section 26, is repealed.
Sec. 68. Laws 1983, chapter 303, sections 21 and 22, are
repealed.
Sec. 69. Laws 1984, chapter 654, article 2, section 117,
is repealed.
Sec. 70. Laws 1986, chapter 312, section 1, is repealed.
Sec. 71. Laws 1986, chapter 400, section 43, is repealed.
Sec. 72. Laws 1986, chapter 452, section 17, is repealed.
Sec. 73. Laws 1986, First Special Session chapter 3,
article 1, section 74, is repealed.
Sec. 74. Laws 1986, First Special Session chapter 3,
article 1, section 79, is repealed.
Sec. 75. Laws 1987, chapter 384, article 2, section 25, is
repealed.
Sec. 76. Laws 1987, chapter 385, section 7, is repealed.
Sec. 77. Laws 1987, chapter 403, article 5, section 1, is
repealed.
Sec. 78. Laws 1987, chapter 404, section 138, is repealed.
<$USE F1 Format>
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
13.551 458.196 469.065
13.75, subd. 2 179A.04, subd. 3; and 179A.16
179A.15
13.89, subd. 1 245.781 to 245.812 245A.01 to 245A.16
17.72 18A.21 to 18A.45 chapter 18B
40.072, subd. 4 106A.205 106A.202, subd. 5
41A.02, subd. 17 474.02, subds. 1 to 1f 469.153, subd. 2
41A.02, subd. 17 474.03, subd. 4 469.155, subd. 4
41A.036, subd. 2 273.1312, subd. 4 469.168
44A.08, subd. 1 44A.07 44A.023
51A.19, subd. 9 51A.39 51A.385
62A.22 176.012 176.041, subd. 1a
62A.48, subd. 7 62A.58 62A.56
67A.06 300.082 300.083
97B.035, subd. 1 97B.315 97B.106
106A.215, subd. 5 106A.205 106A.202, subd. 5
115B.02, subd. 15 18A.21, subd. 25 18B.01, subd. 18
115B.17, subd. 8 18A.37 18B.15
115C.08, subd. 3 296.13 239.78
116.64, subd. 3 473.488 473.448
116D.04, subd. 1a 458C.01 to 458C.23 469.090 to 469.108
116J.27, subd. 4b 462.421 469.002
120.17, subd. 1 120.10 120.101
120.67 120.10 120.101
122.22, subd. 4 123.32, subd. 1a 201.014
122.34 120.10, subd. 2 120.101
122.48 120.10, subd. 2 120.101
122.87, subd. 4 126.66 126.666
123.42 123.32 123.33
123.76 120.10, subd. 2 120.101
123.77, subd. 3 120.10, subd. 2 120.101, subd. 4
123.932, subd. 3 120.10 120.101
124.17, subd. 2 120.10 120.101
124.272, subd. 3 126.66 126.666
124A.02, subd. 22 120.10 120.101
126.72, subd. 2 126.66, subd. 6 126.666, subd. 4
127.19 120.10 120.101
128A.05, subd. 3 120.10 120.101
128A.05, subd. 3 120.12 120.103
129.121, subd. 4 120.10 120.101
129B.32, subd. 1 129B.33 129B.375
129B.66, subd. 1 126.66, subd. 3 126.666, subd. 2
129B.71 129B.75 129B.73
141.35 120.10 120.101
144.383 145.913 145A.09
144.653, subd. 1 245.781 to 245.812 245A.01 to 245A.16
144.802, subd. 3 145.918 145A.12, subd. 4
144A.01, subd. 5 245.781 to 245.821 245A.01 to 245A.16
144A.071, subd. 2 245.781 to 245.812 245A.01 to 245A.16
144A.10, subd. 1 245.781 to 245.821 245A.01 to 245A.16
144A.46, subd. 3 14.70 14.69
145.93, subd. 2 473.02, subd. 5 473.121, subd. 2
148B.05, subd. 1 525.612 525.61
153.22, subd. 4 525.612 525.61
157.14 245.781 to 245.812 245A.01 to 245A.16
161.41, subd. 2 chapter 16 chapter 16B
168.041, subd. 4a 14.70 14.69
169.01, subd. 6 120.10 120.101
171.01, subd. 21 120.10 120.101
174.30, subd. 1 245.781 to 245.812 245A.01 to 245A.16
176.011, subd. 21 176.012 176.041, subd. 1a
205.02, subd. 2 205.12 205.121
216C.27, subd. 6 462.421, subd. 2 469.002
237.69, subds. 1, 237.72 237.711
7, and 8
245.73, subd. 1 245.781 to 245.813 245A.01 to 245A.16
245.85 245.87 245.873
245.73, subd. 2 245.781 to 245.812 245A.01 to 245A.16
252.24, subd. 1 245.781 to 245.813 245A.01 to 245A.16
252.275, subd. 1 245.781 to 245.812 245A.01 to 245A.16
252.28, subd. 3 245.812 245A.11
252.41, subds. 3 245.781 to 245.812 245A.01 to 245A.16
and 9
252.43 245.781 to 245.812 245A.01 to 245A.16
253B.11, subd. 2 256D.18, subd. 4 256G.09
254B.03, subd. 2 245.781 to 245.812 245A.01 to 245A.16
254B.03, subd. 2 245.791 245A.03
254B.05, subd. 1 245.781 to 245.812 245A.01 to 245A.16
254B.05, subd. 1 245.791 245A.03
256D.05, subd. 1 256D.0505, subd. 2 256D.052
256F.05, subd. 5 145.911 to 145.922 145A.09 to 145A.13
260.015, subd. 3 245.781 to 245.812 245A.01 to 245A.16
260.185, subd. 1 245.781 to 245.812 245A.01 to 245A.16
260.251, subd. 1a 260.194, subd. 1, 260.191, subd. 1,
clause (b) or (c) paragraph (b),
clause (2) or (3)
268.03 268.24 268.231
268.04, subds. 1, 3, 268.24 268.231
6, 10, 12, 13, and 16
268.05, subd. 1 268.24 268.231
268.06, subds. 1 268.24 268.231
and 21
268.07, subd. 2 268.24 268.231
268.08, subds. 1, 2, 268.24 268.231
and 3
268.09, subd. 2 268.24 268.231
268.10, subds. 2 268.24 268.231
and 7
268.11 268.24 268.231
268.12, subds. 4, 5, 268.24 268.231
6, 9, 11, 12, and 13
268.13, subds. 1, 3, 268.24 268.231
and 4
268.14, subds. 1 268.24 268.231
and 2
268.15, subds. 1 268.24 268.231
and 3
268.16, subds. 2, 4, 268.24 268.231
and 7
268.161, subds. 3, 4, 268.24 268.231
and 9
268.17 268.24 268.231
268.18, subds. 1, 2, 268.24 268.231
5, and 6
268.20 268.24 268.231
268.21 268.24 268.231
268.38, subd. 12 245.781 to 245.812 245A.01 to 245A.16
290.092, subd. 6 273.1314, subd. 9 469.171
290.50, subd. 1 273.1314, subd. 10a 469.171, subd. 10
290.53, subd. 1 290.531 271.061
297A.25, subd. 30 120.10, subd. 2 120.101, subd. 4
297A.39, subd. 1 297A.391 271.061
317.65, subd. 6 245.781 to 245.812 245A.01 to 245A.16
326.57, subd. 2 326.66 326.65
326.61, subds. 1, 2, 326.66 326.65
and 4
326.63 326.66 326.65
326.64 326.66 326.65
326.65 326.66 326.65
340A.702 340A.313 340A.312
354B.05, subd. 2 354B.03 354B.04
361.121, subd. 2a 14.70 14.69
375.471 106A.201, subd. 3 106A.212, subd. 2
402.03 145.913, subd. 3 145A.10, subd. 10
458.1931 458.09 to 458.1991 469.048 to 469.068
462.352, subds. 5, 472B.03 to 472B.07 469.135 to 469.141
7, 9, 10, 15, and 17
462.357, subd. 6a 245.782, subd. 2 245A.02, subd. 11
462.358, subd. 2a 472B.03 to 472B.07 469.135 to 469.141
462A.05, subd. 28 462.415 to 462.705 469.001 to 469.047
462A.221, subd. 3 462.425 469.003
462C.02, subd. 9 458.191 469.058
462C.12, subd. 2 458C.01 to 458C.23 469.090 to 469.108
469.033, subd. 6 462.445, subd. 4 469.012, subd. 1
469.071, subd. 4 459.192, subd. 2 469.059, subd. 2
469.0722, subd. 8 273.73, subd. 8 469.174, subd. 8
514.950, subd. 2 18A.21 18B.01
626.556, subd. 2 245.781 to 245.812 245A.01 to 245A.16
626.556, subd. 10d 245.781 to 245.812 245A.01 to 245A.16
626.557, subd. 2 245.781 to 245.812 245A.01 to 245A.16
626.557, subd. 2 245.781 to 245.813 245A.01 to 245A.16
626.557, subd. 10a 245.781 to 245.812 245A.01 to 245A.16
626.843, subd. 3 626.849 626.855
626.88, subd. 1 326.331 326.3381
Sec. 2. Minnesota Statutes 1988, section 13.46,
subdivision 2, is amended to read:
Subd. 2. [GENERAL.] (a) Unless the data is summary data or
a statute specifically provides a different classification, data
on individuals collected, maintained, used, or disseminated by
the welfare system is private data on individuals, and shall not
be disclosed except:
(1) pursuant to section 13.05;
(2) pursuant to court order;
(3) pursuant to a statute specifically authorizing access
to the private data;
(4) to an agent of the welfare system, including a law
enforcement person, attorney, or investigator acting for it in
the investigation, prosecution, criminal or civil proceeding
relating to the administration of a program;
(5) to personnel of the welfare system who require the data
to determine eligibility, amount of assistance, and the need to
provide services of additional programs to the individual;
(6) to administer federal funds or programs;
(7) between personnel of the welfare system working in the
same program;
(8) the amounts of cash public assistance and relief paid
to welfare recipients in this state, including their names and
social security numbers, upon request by the department of
revenue to administer the property tax refund law, supplemental
housing allowance, and the income tax;
(9) to the Minnesota department of jobs and training for
the purpose of monitoring the eligibility of the data subject
for unemployment compensation, for any employment or training
program administered, supervised, or certified by that agency,
or for the purpose of administering any rehabilitation program,
whether alone or in conjunction with the welfare system;
(10) to appropriate parties in connection with an emergency
if knowledge of the information is necessary to protect the
health or safety of the individual or other individuals or
persons; or
(11) data maintained by residential facilities as defined
in section 245A.02, subdivision 6, 245A.02 may be disclosed to
the protection and advocacy system established in this state
pursuant to Part C of Public Law Number 98-527 to protect the
legal and human rights of persons with mental retardation or
other related conditions who live in residential facilities for
these persons if the protection and advocacy system receives a
complaint by or on behalf of that person and the person does not
have a legal guardian or the state or a designee of the state is
the legal guardian of the person.
(b) Mental health data shall be treated as provided in
subdivisions 7, 8, and 9, but is not subject to the access
provisions of subdivision 10, paragraph (b).
Sec. 3. Minnesota Statutes 1988, section 13.75,
subdivision 2, is amended to read:
Subd. 2. [MEDIATION DATA.] All data received or maintained
by the commissioner or staff of the bureau of mediation services
during the course of providing mediation services to the parties
to a labor dispute under the provisions of chapter 179 are
classified as protected nonpublic data with regard to data not
on individuals, pursuant to section 13.02, subdivision 13, and
as confidential data on individuals pursuant to section 13.02,
subdivision 3, except to the extent the commissioner of the
bureau of mediation services determines such data are necessary
to fulfill the requirements of sections 179A.04, subdivision 3,
and 179A.15 section 179A.16, or to identify the general nature
of or parties to a labor dispute.
Sec. 4. Minnesota Statutes 1988, section 16A.26, is
amended to read:
16A.26 [ONE DEPOSITORY ACCOUNT FOR EACH TAX.]
Notwithstanding sections 290.361, 297.13, 298.17, 298.282,
298.39, 298.396, 297C.02 to 297C.08 and similar laws to the
contrary relating to the depositing, disposition, or
apportionment of tax receipts, the commissioner may use one
depository account for each tax. To do so, there must be enough
information to identify and dispose of or apportion the tax
under law. The commissioner shall ask the appropriate officials
for the transfers and necessary certifications. The
commissioner may issue directives to carry out this section.
Sec. 5. Minnesota Statutes 1988, section 45.028,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENT.] When a person, including any
nonresident of this state, engages in conduct prohibited or made
actionable by chapters 45 to 83, 155A, 309, and 332, or any rule
or order under those chapters, and the person has not filed a
consent to service of process under chapters 45 to 83, 155A,
309, and 332, that conduct is equivalent to an appointment of
the commissioner as the person's attorney to receive service of
process in any noncriminal suit, action, or proceeding against
the person which is based on that conduct and is brought under
chapters 45 to 83, 155A, 309, and 332, or any rule or order
under those chapters.
Sec. 6. Minnesota Statutes 1988, section 105.81, is
amended to read:
105.81 [PETITION; BOND; INVESTIGATION; REPORT; HEARING;
ORDER.]
To conserve and make more adequate use of our water
resources, any person, public or municipal corporation,
governmental subdivision, the state or any of its departments or
agencies, the commissioner of natural resources, and the United
States or any of its agencies, may petition for the installation
of dams or other control works in drainage ditch systems to
impound or divert waters for beneficial use. The petition must
be directed to the county board when a drainage system is wholly
within one county and to the joint county board when the system
affects two or more counties. The petition must contain the
location of the installation, plans, and specifications for the
proposed structure and a map of the areas likely to be affected
by the impoundment or diversion. The petitioner shall agree to
be responsible for the cost of installation and construction of
the structure. Upon filing the petition, the petitioners shall
file a bond as provided in sections 106A.205 and 106A.211
section 106A.202, subdivisions 5 and 6. No bond is required if
the petition is filed by the state, any of its departments or
agencies, the commissioner of natural resources, the United
States or any of its agencies, and cities. The petition must
also be accompanied by a permit from the commissioner of natural
resources as required in sections 105.41 and 105.42.
On receipt of the petition, bond, and permit, if required,
the board or court shall appoint an engineer to investigate the
effect of the proposed installation and file a report of
findings. Upon filing of the engineer's report, notice must be
given and a public hearing held as provided in section
106A.261. If at this hearing it appears from the engineer's
report and other evidence presented that the installation will
be of a public or private benefit and that it will not impair
the utility of the ditch or deprive affected land owners of its
benefit, the board or court shall issue a permit authorizing its
installation. Before installing or constructing an impoundment
or diversion, the petitioner shall obtain rights-of-way and
flowage easements from owners of land to be affected by it.
The order of the court modifying the ditch system must
provide that construction and later maintenance and repairs of
the ditch modification must be done by the petitioner without
cost to the owners of lands and properties previously within the
drainage system.
Sec. 7. Minnesota Statutes 1988, section 122.23,
subdivision 18, is amended to read:
Subd. 18. (a) If no board is provided for under the
foregoing provision, upon receipt of the assigned identification
number, the county auditor shall determine a date, not less than
20 nor more than 60 days from the date of the receipt of the
assigned identification number, upon which date shall be held a
special election in the district for the purpose of electing a
board of six members for terms as follows: two until the July 1
one year after the effective date of the consolidation, two
until the expiration of one year from said July 1, and two until
the expiration of two years from said July 1, to hold office
until a successor is elected and qualifies according to
provisions of law governing the election of board members in
independent districts. If the resolution or petition for
consolidation pursuant to subdivision 2 proposed that the board
of the newly created district consists of seven members, then
seven members shall be elected at this election for the terms
provided in this clause except that three members shall hold
office until the expiration of two years from said July 1. If
the resolution or petition for consolidation pursuant to
subdivision 2 proposed the establishment of separate election
districts, these members shall be elected from separate election
districts according to the provisions of that resolution or
petition and of section 123.32 chapter 205A.
(b) The county auditor shall give ten days' posted notice
of election in the area in which the election is to be held and
also if there be a newspaper published in the proposed new
district, one weeks' published notice shall be given. The
notice shall specify the time, place and purpose of the election.
(c) The county may pay the election judges not to exceed $1
per hour for their services.
(d) Any person desiring to be a candidate for a school
election shall file an application with the county auditor to
have the applicant's name placed on the ballot for such office,
specifying the term for which the application is made. The
application shall be filed not less than 12 days before the
election.
(e) The county auditor shall prepare, at the expense of the
county, necessary ballots for the election of officers, placing
thereon the names of the proposed candidates for each office.
The ballots shall be marked and signed as official ballots and
shall be used exclusively at the election. The county auditor
shall determine the number of voting precincts and the
boundaries of each. The county auditor shall determine the
location of polling places and the hours the polls shall be open
and shall appoint three election judges for each polling place
who shall act as clerks of election. Election judges shall
certify ballots and results to the county auditor for tabulation
and canvass.
(f) After making a canvass and tabulation, the county
auditor shall issue a certificate of election to the candidate
for each office who received the largest number of votes cast
for the office. The county auditor shall deliver such
certificate to the person entitled thereto by certified mail,
and each person so certified shall file an acceptance and oath
of office with the county auditor within 30 days of the date of
mailing of the certificate. A person who fails to qualify prior
to the time specified shall be deemed to have refused to serve,
but such filing may be made at any time before action to fill
vacancy has been taken.
(g) The board of each district included in the new enlarged
district shall continue to maintain school therein until the
effective date of the consolidation. Such boards shall have
power and authority only to make such contracts, to do such
things as are necessary to maintain properly the schools for the
period prior to that date, and to certify to the county auditor
according to levy limitations applicable to the component
districts the taxes collectible in the calendar year when the
consolidation becomes effective.
(h) It shall be the immediate duty of the newly elected
board of the new enlarged district, when the members thereof
have qualified and the board has been organized, to plan for the
maintenance of the school or schools of the new district for the
next school year, to enter into the necessary negotiations and
contracts for the employment of personnel, purchase of equipment
and supplies, and other acquisition and betterment purposes,
when authorized by the voters to issue bonds under the
provisions of chapter 475; and on the effective date of the
consolidation to assume the full duties of the care, management
and control of the new enlarged district. The board of the new
enlarged district shall give due consideration to the
feasibility of maintaining such existing attendance centers and
of establishing such other attendance centers, especially in
rural areas, as will afford equitable and efficient school
administration and assure the convenience and welfare of the
pupils residing in the enlarged district. The obligations of
the new board to teachers employed by component districts shall
be governed by the provisions of section 122.532.
Sec. 8. Minnesota Statutes 1988, section 122.96,
subdivision 3, is amended to read:
Subd. 3. [ELECTION.] The education district board shall
not sell and issue bonds for acquisition purposes until the
question of their issuance has been submitted to the voters of
the education district at a special election held in and for the
education district. The date of the election, the question to
be submitted, and all other necessary conduct of the election
shall be fixed by the board. The election shall be conducted
and canvassed under the direction of the education district
board in accordance with section 123.32 chapter 205A, insofar as
may be applicable.
If a majority of the total number of votes cast on the
question within the education district is in favor of the
question, the board may proceed with the sale and the issuance
of the bonds.
Sec. 9. Minnesota Statutes 1988, section 124A.24, is
amended to read:
124A.24 [GENERAL EDUCATION LEVY EQUITY.]
If a district's general education levy is determined
according to section 124A.23, subdivision 3, an amount must be
deducted from state aid authorized in this chapter and chapter
124, receivable for the same school year, and from other state
payments receivable for the same school year authorized in
sections 273.115; 273.116; 273.123, subdivision 6; 273.13,
subdivision 15a; and Laws 1983, chapter 342, article 8, section
8. The aid in section 124.646 must not be reduced.
The amount of the deduction equals the difference between:
(1) the general education tax capacity rate, according to
section 124A.23, times the district's adjusted gross tax
capacity used to determine the general education aid for the
same school year; and
(2) the district's general education revenue, excluding
supplemental revenue, for the same school year, according to
section 124A.22.
However, for fiscal year 1989, the amount of the deduction
shall be one-fourth of the difference between clauses (1) and
(2); for fiscal year 1990, the amount of the deduction shall be
one-third of the difference between clauses (1) and (2); for
fiscal year 1991, the amount of the deduction shall be one-half
of the difference between clauses (1) and (2); for fiscal year
1992, the amount of the deduction shall be four-sixths of the
difference between clauses (1) and (2); and for fiscal year
1993, the amount of the deduction shall be five-sixths of the
difference between clauses (1) and (2).
Sec. 10. Minnesota Statutes 1988, section 124A.27,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENT.] An amount equal to 2.20
percent of the basic revenue under section 124A.22, subdivision
2, shall be reserved and may be used only to provide one or more
of the programs enumerated in this section. The school board
shall determine which programs to provide, the manner in which
they will be provided, and the extent to which other money may
be used for the programs. Except for the requirements of
sections 124A.28 and 124A.29, the remaining general education
revenue under section 124A.22 and supplemental revenue under
section 124A.25 may be used to provide one or more of the
programs enumerated in this section.
Sec. 11. Minnesota Statutes 1988, section 127.35, is
amended to read:
127.35 [NONAPPLICATION OF COMPULSORY ATTENDANCE LAW.]
The provisions of Minnesota Statutes 1971, section 120.10
120.101, subdivision 1 5, shall not apply to any pupil during a
dismissal pursuant to sections 127.26 to 127.39.
Sec. 12. Minnesota Statutes 1988, section 136C.61,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERS.] The district shall be operated
by a joint vocational technical board, which shall consist of
the number of members from each of the participating school
districts specified in the agreement establishing the joint
vocational technical district. Board members must be residents
of the respective school districts represented and may be
members of the school boards of the respective school
districts. The first members shall be appointed by their
respective school boards. The agreement may provide for
election of members to take office at the end of a term of an
appointed member. Appointed members serve at the pleasure of
their respective school boards and are subject to recall by a
majority vote of the appointing board. The election of members
is governed by section 123.32 chapter 205A. Board members shall
report at least quarterly to their appointing boards on the
activities of the joint vocational technical district.
Sec. 13. Minnesota Statutes 1988, section 136D.27,
subdivision 3, is amended to read:
Subd. 3. [PROHIBITED STATE AIDS.] Notwithstanding section
136D.24 or any law to the contrary, the department of education
shall not pay, unless explicitly authorized by statute, any
state aid, grant, credit, or other money to the joint school
board, except the aid, credit, or money authorized by sections
121.201, 123.3514, 124.2137, 124.252, 124.32, 124.573, 124.574,
and 124.646, and chapter 273.
Sec. 14. Minnesota Statutes 1988, section 136D.71, is
amended to read:
136D.71 [LISTED DISTRICTS MAY FORM INTERMEDIATE DISTRICT.]
Notwithstanding any other law to the contrary, two or more
of the independent school districts numbered 12 and 16 of Anoka
county, independent school districts numbered 621, 622, 623, and
624 of Ramsey county, and independent school districts numbered
832, 833, and 834 of Washington county, are hereby authorized to
enter into an agreement to establish a special intermediate
school district upon majority vote of the full membership of
each of the boards of the districts entering into the
agreement. When such resolution has been adopted by the board
of one of the districts, it shall be published once in a
newspaper of general circulation in said district. If a
petition for referendum on the question of said district
entering into such agreement is filed with the clerk of the said
board within 60 days after publication of such resolution,
signed by the qualified voters of said district equal to five
percent of the number of voters at the last annual school
election. No board shall enter into such agreement until the
question of whether the district shall enter into the agreement
has been submitted to the voters of said district at a special
election. Said election shall be conducted and canvassed in
accordance with section 123.32 chapter 205A.
If a majority of the total number of votes cast on the
question within said district is in favor of the question, the
board of said school district may thereupon proceed to enter
into an agreement to establish the special intermediate school
district for purposes herein described. Such school district so
created shall be known as northeastern metropolitan intermediate
school district, state of Minnesota. The commissioner of
education shall assign an appropriate identification number as
provided by section 122.03.
Sec. 15. Minnesota Statutes 1988, section 136D.74,
subdivision 2b, is amended to read:
Subd. 2b. [PROHIBITED STATE AIDS.] Notwithstanding
subdivision 4 or any law to the contrary, the department of
education shall not pay, unless explicitly authorized, any state
aid, grant, credit, or other money to the intermediate school
board, except the aid, credit, or money authorized by sections
121.201, 123.3514, 124.2137, 124.252, 124.32, 124.573, 124.574,
and 124.646, and chapter 273.
Sec. 16. Minnesota Statutes 1988, section 136D.741,
subdivision 4, is amended to read:
Subd. 4. [REFERENDUM.] The intermediate school board shall
not sell and issue bonds for acquisition or betterment purposes
until the question of their issuance has been submitted to the
voters of the intermediate school district at a special election
held in and for such intermediate district. The date of such
election, the question to be submitted, and all other necessary
conduct of such election shall be fixed by the intermediate
school board and said election shall be conducted and canvassed
under the direction of the intermediate school board in
accordance with section 123.32 chapter 205A, insofar as the same
may be deemed applicable.
If a majority of the total number of votes cast on the
question within the intermediate school district is in favor of
the question, the intermediate school board may thereupon
proceed with the sale and the issuance of said bonds.
Sec. 17. Minnesota Statutes 1988, section 136D.87,
subdivision 3, is amended to read:
Subd. 3. [PROHIBITED STATE AIDS.] Notwithstanding section
136D.24 or any law to the contrary, the department of education
shall not pay, unless explicitly authorized, any state aid,
grant, credit, or other money to the joint school board, except
for aid, credit, or money authorized by sections 121.201,
123.3514, 124.2137, 124.252, 124.32, 124.573, 124.574, and
124.646, and chapter 273.
Sec. 18. Minnesota Statutes 1988, section 145A.07,
subdivision 1, is amended to read:
Subdivision 1. [AGREEMENTS TO PERFORM DUTIES OF
COMMISSIONER.] (a) The commissioner of health may enter into an
agreement with any board of health to delegate all or part of
the licensing, inspection, reporting, and enforcement duties
authorized under sections 144.12; 144.381 to 144.388; 144.411 to
144.417; 144.71 to 144.76; 145A.04, subdivision 6; provisions of
chapter 156A pertaining to construction, repair, and abandonment
of water wells; chapter 157; and sections 327.14 to 327.28.
(b) Agreements are subject to subdivision 3.
(c) This subdivision does not affect agreements entered
into under Minnesota Statutes 1986, section 145.031, 145.55, or
145.918, subdivision 2.
Sec. 19. Minnesota Statutes 1988, section 145A.13, is
amended to read:
145A.13 [COMMUNITY HEALTH SERVICES SUBSIDY.]
Subdivision 1. [SUBSIDY FORMULA.] The commissioner of
health shall distribute a subsidy for the operations of boards
of health community health boards organized and operating under
sections 145.911 to 145.92 145A.09 to 145A.13.
(a) Each city or county eligible for a subsidy under
section 145.917 145A.09, subdivision 2, shall receive no less
for any calendar year than the total community health services
subsidy that was allocated for that city or county by the
commissioner of health under this section for calendar year 1985.
(b) Additional money appropriated for the operations of
boards of health as defined in section 145A.02, subdivision
2, community health boards organized and operating under
sections 145.911 to 145.92 145A.09 to 145A.13 shall be
distributed in proportion to population.
Subd. 2. [LOCAL MATCH.] Each board of health community
health board that receives a subsidy shall provide local
matching money equal to that subsidy during the year for which
the subsidy is made, subject to the following provisions:
(a) the local matching funds may include local tax levies,
gifts, fees for services and revenues from contracts;
(b) when the amount of local matching funds for a board of
health community health board is less than the amount specified,
the subsidy provided for that board of health community health
board under this section shall be reduced proportionally;
(c) when a board of health community health board fails to
expend the full amount of the subsidy to which it would be
entitled in any one year under the provisions of
sections 145.911 to 145.922 145A.09 to 145A.13, the state
commissioner of health may retain the surplus, subject to
disbursement to the board of health community health board in
the following calendar year if the board of health community
health board can demonstrate a need for and ability to expend
the surplus for the purposes provided in section 145.918
145A.10; and
(d) a city organized under the provisions of sections
145.911 to 145.922 145A.09 to 145A.13 that levies a tax for
provision of community health services shall be exempted from
any county levy for the same services to the extent of the levy
imposed by the city.
Subd. 3. [PAYMENT.] When a board of health community
health board meets the requirements prescribed in
section 145.917 145A.09, subdivision 2, the state commissioner
of health shall pay the amount of subsidy to the board of health
community health board or its designee according to applicable
rules from the money appropriated for the purpose and according
to the following:
(a) the commissioner of health shall make payments for
community health services to each board of health community
health board or its designee in 12 installments a year;
(b) the commissioner shall ensure that the pertinent
payment of the allotment for each month is made on the first
working day after the end of each month of the calendar year,
except for the last month of the calendar year;
(c) the commissioner shall ensure that each board of health
community health board or its designee receives its payment of
the allotment for that month no later than the last working day
of that month. The payment described in this subdivision for
services rendered during June, 1985, shall be made on the first
working day of July, 1985; and
(d) the commissioner shall make payment to a human services
board organized and operating under section 145.913, subdivision
1, paragraph (a) 145A.09, subdivision 5, or to its designee, as
prescribed in section 402.02, subdivision 4.
Sec. 20. Minnesota Statutes 1988, section 157.03, is
amended to read:
157.03 [LICENSES REQUIRED; FEES.]
Each year every person, firm, or corporation engaged in the
business of conducting an hotel, motel, restaurant, lodging
house, boarding house, or resort, or place of refreshment, or
who shall hereafter engage in conducting any such business,
except vending machine operators licensed under the license
provisions of sections 28A.01 to 28A.16, must procure a license
for each hotel, motel, restaurant, lodging house, boarding
house, or resort, or place of refreshment so conducted. For any
hotel, motel, resort, campground, or manufactured home park as
defined in section 327.15, in which food, fountain, or bar
service is furnished, one license, in addition to the hotel,
resort, manufactured home park, or campground license, shall be
sufficient for all restaurants and places of refreshment
conducted on the same premises and under the same management
with the hotel, motel, resort, manufactured home park, or
campground. Each license shall expire and be renewed as
prescribed by the commissioner pursuant to section 144.122. Any
proprietor who operates a place of business after the expiration
date without first having made application for a license and
without having made payment of the fee thereof shall be deemed
to have violated the provisions of this chapter and be subject
to prosecution, as provided in this chapter. In addition
thereto, a penalty in an amount prescribed by the commissioner
pursuant to section 144.122 shall be added to the amount of the
license fee and paid by the proprietor, as provided herein, if
the application has not reached the office of the state
commissioner of health within 30 days following the expiration
of license; or, in the case of a new business, 30 days after the
opening date of the business. The state commissioner of health
shall furnish to any person, firm, or corporation desiring to
conduct an hotel, motel, restaurant, lodging house, boarding
house, or resort, or place of refreshment an application blank
to be filled out by the person, firm, or corporation, for a
license therefor, which shall require the applicant to state the
full name and address of the owner of the building, structure,
or enclosure, the lessee and manager of the hotel, motel,
restaurant, lodging house, boarding house, or resort, or place
of refreshment, the location of the same, the name under which
the business is to be conducted, and any other information as
may be required therein by the state commissioner of health to
complete the application for license. The application shall be
accompanied by a license fee as hereinafter provided.
For hotels, motels, lodging houses, and resorts the license
fee may be graduated according to the number of sleeping rooms
and the amount of the fees shall be prescribed by the state
commissioner of health pursuant to section 144.122.
For restaurants, places of refreshment, and boarding houses
the license fee may be based on the average number of
employees. If the license fee is so computed, the commissioner
shall consider each full-time employee as one employee and each
part-time employee as that fraction of one employee as the
number of months the employee is employed is to the 12 months of
the year. Employees shall include all persons, except children
of the licensee under the age of 18, at work in any capacity,
either voluntary or paid, and whether or not reported under the
labor laws of this state.
If the license fee is based upon the average number of
employees, every licensee shall, at the time of application,
certify as to the number of employees on forms provided by the
state commissioner of health and the state commissioner of
health shall have access, on demand, to any and all employment
records for purposes of substantiating or correcting numbers of
declared employees.
License fees for restaurants, places of refreshment, and
boarding houses shall be in an amount prescribed by the state
commissioner of health pursuant to section 144.122.
No school, as defined in sections 120.05 and 120.10,
subdivision 2 120.101, may be required to pay a license fee.
Sec. 21. Minnesota Statutes 1988, section 168A.24,
subdivision 2, is amended to read:
Subd. 2. The department may:
(1) Make necessary investigations to procure information
required to carry out the provisions of sections 168A.01 to
168A.31;
(2) Assign a new identifying number to a vehicle if it has
none, or its identifying number is destroyed or obliterated;
(3) Adopt and enforce such rules as may be necessary to
carry out the provisions of sections 168A.01 to 168A.31;
(4) Adopt and enforce such rules as the department may deem
necessary or appropriate to require the payment of fees imposed
by sections 168.30 and section 168.54, as a condition for
deferring application for a certificate of title by a dealer or
secured party in cases provided for in section 168A.11 or
168A.12, subdivision 2. Such rules shall permit the use of the
"Transfer Filing Fee" stamp prescribed by section 168.54, when
feasible.
(5) Adopt a rule which may require the owner or secured
party, as the case may be, to deposit the certificate of title
with the department during the period when the vehicle for which
such certificate was issued is registered pursuant to section
168.31, subdivision 4, or is subject to the lien imposed by
section 168.31, subdivision 6.
Sec. 22. Minnesota Statutes 1988, section 168A.29,
subdivision 3, is amended to read:
Subd. 3. Subject to subdivision 2, the department shall
not issue a certificate of title to a vehicle until all fees
prescribed by sections 168.30 and 168.54 and 168A.10,
subdivision 6, with respect to any prior transfer of ownership
or registration of the vehicle shall have been paid.
Sec. 23. Minnesota Statutes 1988, section 176.081,
subdivision 1, is amended to read:
Subdivision 1. (a) A fee for legal services of 25 percent
of the first $4,000 of compensation awarded to the employee and
20 percent of the next $27,500 of compensation awarded to the
employee is permissible and does not require approval by the
commissioner, compensation judge, or any other party except as
provided in clause (b). If the employer or the insurer or the
defendant is given written notice of claims for legal services
or disbursements, the claim shall be a lien against the amount
paid or payable as compensation. In no case shall fees be
calculated on the basis of any undisputed portion of
compensation awards. Allowable fees under this chapter shall be
based solely upon genuinely disputed portions of claims,
including disputes related to the payment of rehabilitation
benefits or to other aspects of a rehabilitation plan. Fees for
administrative conferences under section 176.242, 176.2421,
176.243, or 176.244 176.239 shall be determined on an hourly
basis, according to the criteria in subdivision 5.
(b) An attorney who is claiming legal fees under this
section shall file a statement of attorney's fees with the
commissioner, compensation judge before whom the matter was
heard, or workers' compensation court of appeals on cases before
the court. A copy of the signed retainer agreement shall also
be filed. The employee and insurer shall receive a copy of the
statement. The statement shall be on a form prescribed by the
commissioner and shall clearly and conspicuously state that the
employee or insurer has ten calendar days to object to the
attorney fees requested. If no objection is timely made by the
employee or insurer, the amount requested shall be conclusively
presumed reasonable providing the amount does not exceed the
limitation in subdivision 1. The commissioner, compensation
judge, or court of appeals shall issue an order granting the
fees and the amount requested shall be awarded to the party
requesting the fee.
If a timely objection is filed, or the fee is determined on
an hourly basis, the commissioner, compensation judge, or court
of appeals shall review the matter and make a determination
based on the criteria in subdivision 5.
If no timely objection is made by an employer or insurer,
reimbursement under subdivision 7 shall be made if the statement
of fees requested this reimbursement.
Sec. 24. Minnesota Statutes 1988, section 176.101,
subdivision 3e, is amended to read:
Subd. 3e. [END OF TEMPORARY TOTAL COMPENSATION; SUITABLE
JOB.] (a) Ninety days after an employee has reached maximum
medical improvement and the medical report described in clause
(c) has been served on the employee, or 90 days after the end of
an approved retraining program, whichever is later, the
employee's temporary total compensation shall cease. This
cessation shall occur at an earlier date if otherwise provided
by this chapter.
(b) If at any time prior to the end of the 90-day period
described in clause (a) the employee retires or the employer
furnishes work to the employee that is consistent with an
approved plan of rehabilitation and meets the requirements of
section 176.102, subdivision 1, or, if no plan has been
approved, that the employee can do in the employee's physical
condition and that job produces an economic status as close as
possible to that the employee would have enjoyed without the
disability, or the employer procures this employment with
another employer or the employee accepts this job with another
employer, temporary total compensation shall cease and the
employee shall, if appropriate, receive impairment compensation
pursuant to subdivision 3b. This impairment compensation is in
lieu of economic recovery compensation under subdivision 3a, and
the employee shall not receive both economic recovery
compensation and impairment compensation. Temporary total
compensation and impairment compensation shall not be paid
concurrently. Once temporary total compensation ceases no
further temporary total compensation is payable except as
specifically provided by this section.
(c) Upon receipt of a written medical report indicating
that the employee has reached maximum medical improvement, the
employer or insurer shall serve a copy of the report upon the
employee and shall file a copy with the division. The beginning
of the 90-day period described in clause (a) shall commence on
the day this report is served on the employee for the purpose of
determining whether a job offer consistent with the requirements
of this subdivision is made. A job offer may be made before the
employee reaches maximum medical improvement.
(d) The job which is offered or procured by the employer or
accepted by the employee under clause (b) does not necessarily
have to commence immediately but shall commence within a
reasonable period after the end of the 90-day period described
in clause (a). Temporary total compensation shall not cease
under this subdivision until the job commences.
(e) If the job offered under clause (a) is offered or
procured by the employer and is not the job the employee had at
the time of injury it shall be offered and described in writing.
The written description shall state the nature of the job, the
rate of pay, the physical requirements of the job, and any other
information necessary to fully and completely inform the
employee of the job duties and responsibilities. The written
description and the written offer need not be contained in the
same document.
The employee has 14 calendar days after receipt of the
written description and offer to accept or reject the job
offer. If the employee does not respond within this period it
is deemed a refusal of the offer. Where there is an
administrative conference to determine suitability under
subdivision 3v, or section 176.242 176.239, the period begins to
run on the date of the commissioner's decision.
(f) Self-employment may be an appropriate job under this
subdivision.
The commissioner shall monitor application of this
subdivision and may adopt rules to assure its proper application.
Sec. 25. Minnesota Statutes 1988, section 176.421,
subdivision 7, is amended to read:
Subd. 7. [RECORD OF PROCEEDINGS.] At the division's own
expense, the commissioner shall make a complete record of all
proceedings before the commissioner and shall provide a
stenographer or an audio magnetic recording device to make the
record of the proceedings.
The commissioner shall furnish a transcript of these
proceedings to any person who requests it and who pays a
reasonable charge which shall be set by the commissioner. Upon
a showing of cause, the commissioner may direct that a
transcript be prepared without expense to the person requesting
the transcript, in which case the cost of the transcript shall
be paid by the division. Transcript fees received under this
subdivision shall be paid to the workers' compensation division
account in the state treasury and shall be annually appropriated
to the division for the sole purpose of providing a record and
transcripts as provided in this subdivision. This subdivision
does not apply to any administrative conference or other
proceeding before the commissioner which may be heard de novo in
another proceeding including but not limited to proceedings
under section 176.102, 176.103, 176.242, or 176.243 176.101 or
176.239.
Sec. 26. Minnesota Statutes 1988, section 211B.15,
subdivision 4, is amended to read:
Subd. 4. [BALLOT QUESTION.] A corporation may make
contributions or expenditures to promote or defeat a ballot
question, to qualify a question for placement on the ballot
unless otherwise prohibited by law, or to express its views on
issues of public concern. A corporation may not take a
deduction as provided in section 290.09 for an expenditure made
under this subdivision. A corporation may not make a
contribution to a candidate for nomination, election, or
appointment to a political office or to a committee organized
wholly or partly to promote or defeat a candidate.
Sec. 27. Minnesota Statutes 1988, section 245.77, is
amended to read:
245.77 [LEGAL SETTLEMENT OF PERSONS RECEIVING ASSISTANCE;
ACCEPTANCE OF FEDERAL FUNDS.]
In the event federal funds become available to the state
for purposes of reimbursing the several local agencies of the
state for costs incurred in providing financial relief to poor
persons under the liability imposed by Minnesota Statutes 1986,
section 256D.18, or for reimbursing the state and counties for
categorical aid assistance furnished to persons who are eligible
for such assistance only because of the United States Supreme
Court decision invalidating state residence requirements the
commissioner of human services is hereby designated the state
agent for receipt of such funds. Upon receipt of any federal
funds the commissioner shall in a uniform and equitable manner
use such funds to reimburse counties for expenditures made in
providing financial relief to poor persons. The commissioner is
further authorized to promulgate rules, consistent with the
rules and regulations promulgated by the secretary of health,
education and welfare, governing the reimbursement provided for
by this provision.
Sec. 28. Minnesota Statutes 1988, section 256.991, is
amended to read:
256.991 [RULES.]
The commissioner of human services may promulgate emergency
and permanent rules as necessary to implement sections 256.01,
subdivision 2; 256.82, subdivision 3; 256.966, subdivision 1;
256.968; 256D.03, subdivisions 3, 4, 6, and 7; and 261.23. The
commissioner shall promulgate emergency and permanent rules to
establish standards and criteria for deciding which medical
assistance services require prior authorization and for deciding
whether a second medical opinion is required for an elective
surgery. The commissioner shall promulgate permanent and
emergency rules as necessary to establish the methods and
standards for determining inappropriate utilization of medical
assistance services.
The commissioner of human services shall adopt emergency
rules which meet the requirements of sections 14.29 to 14.36 for
the medical assistance demonstration project. Notwithstanding
the provisions of section 14.35, the emergency rules promulgated
to implement section 256B.69 shall be effective for 360 days and
may be continued in effect for an additional 900 days if the
commissioner gives notice by publishing a notice in the State
Register and mailing notice to all persons registered with the
commissioner to receive notice of rulemaking proceedings in
connection with the project. The emergency rules shall not be
effective beyond December 31, 1986, without meeting the
requirements of sections 14.131 to 14.20.
Sec. 29. Minnesota Statutes 1988, section 257.354,
subdivision 4, is amended to read:
Subd. 4. [EFFECT OF TRIBAL COURT PLACEMENT ORDERS.] To the
extent that any child subject to sections 257.35 to 257.357 is
otherwise eligible for social services, orders of a tribal court
concerning placement of such child shall have the same force and
effect as orders of a court of this state. In any case where
the tribal court orders placement through a local social service
agency, the court shall provide to the local agency notice and
an opportunity to be heard regarding the placement.
Determination of county of financial responsibility for the
placement shall be determined by the local social service agency
in accordance with section 256E.08 256G.02, subdivision 4.
Disputes concerning the county of financial responsibility shall
be settled in the manner prescribed in section 256D.18,
subdivision 4 256G.09.
Sec. 30. Minnesota Statutes 1988, section 268.04,
subdivision 32, is amended to read:
Subd. 32. "Nonpublic school" means any school within the
state, other than a public school, wherein a resident of
Minnesota may legally fulfill the compulsory school attendance
requirements of section 120.10 120.101, or any school (1) which
operates on a nonprofit basis, (2) which admits only
prekindergarten children, (3) which has as its primary purpose
the education of its students as determined by the commissioner
of human services pursuant to section 245A.03, clause (14), and
(4) which operates on a regular basis for at least eight months
and no more than nine months a year.
Sec. 31. Minnesota Statutes 1988, section 272.02,
subdivision 1, is amended to read:
Subdivision 1. All property described in this section to
the extent herein limited shall be exempt from taxation:
(1) all public burying grounds;
(2) all public schoolhouses;
(3) all public hospitals;
(4) all academies, colleges, and universities, and all
seminaries of learning;
(5) all churches, church property, and houses of worship;
(6) institutions of purely public charity except parcels of
property containing structures and the structures described in
section 273.13, subdivision 25, paragraph (c), clause (1) or
(2), or paragraph (d), clause (2);
(7) all public property exclusively used for any public
purpose;
(8) except for the taxable personal property enumerated
below, all personal property and the property described in
section 272.03, subdivision 1, paragraphs (c) and (d), shall be
exempt.
The following personal property shall be taxable:
(a) personal property which is part of an electric
generating, transmission, or distribution system or a pipeline
system transporting or distributing water, gas, crude oil, or
petroleum products or mains and pipes used in the distribution
of steam or hot or chilled water for heating or cooling
buildings and structures;
(b) railroad docks and wharves which are part of the
operating property of a railroad company as defined in section
270.80;
(c) personal property defined in section 272.03,
subdivision 2, clause (3);
(d) leasehold or other personal property interests which
are taxed pursuant to section 272.01, subdivision 2; 273.124,
subdivision 7; or 273.19, subdivision 1; or any other law
providing the property is taxable as if the lessee or user were
the fee owner;
(e) manufactured homes and sectional structures; and
(f) flight property as defined in section 270.071.
(9) Real and personal property used primarily for the
abatement and control of air, water, or land pollution to the
extent that it is so used, other than real property used
primarily as a solid waste disposal site.
Any taxpayer requesting exemption of all or a portion of
any equipment or device, or part thereof, operated primarily for
the control or abatement of air or water pollution shall file an
application with the commissioner of revenue. The equipment or
device shall meet standards, rules, or criteria prescribed by
the Minnesota pollution control agency, and must be installed or
operated in accordance with a permit or order issued by that
agency. The Minnesota pollution control agency shall upon
request of the commissioner furnish information or advice to the
commissioner. On determining that property qualifies for
exemption, the commissioner shall issue an order exempting the
property from taxation. The equipment or device shall continue
to be exempt from taxation as long as the permit issued by the
Minnesota pollution control agency remains in effect.
(10) Wetlands. For purposes of this subdivision,
"wetlands" means (1) land described in section 105.37,
subdivision 15, or (2) land which is mostly under water,
produces little if any income, and has no use except for
wildlife or water conservation purposes, provided it is
preserved in its natural condition and drainage of it would be
legal, feasible, and economically practical for the production
of livestock, dairy animals, poultry, fruit, vegetables, forage
and grains, except wild rice. "Wetlands" shall include adjacent
land which is not suitable for agricultural purposes due to the
presence of the wetlands. "Wetlands" shall not include woody
swamps containing shrubs or trees, wet meadows, meandered water,
streams, rivers, and floodplains or river bottoms. Exemption of
wetlands from taxation pursuant to this section shall not grant
the public any additional or greater right of access to the
wetlands or diminish any right of ownership to the wetlands.
(11) Native prairie. The commissioner of the department of
natural resources shall determine lands in the state which are
native prairie and shall notify the county assessor of each
county in which the lands are located. Pasture land used for
livestock grazing purposes shall not be considered native
prairie for the purposes of this clause and section 273.116.
Upon receipt of an application for the exemption and credit
provided in this clause and section 273.116 for lands for which
the assessor has no determination from the commissioner of
natural resources, the assessor shall refer the application to
the commissioner of natural resources who shall determine within
30 days whether the land is native prairie and notify the county
assessor of the decision. Exemption of native prairie pursuant
to this clause shall not grant the public any additional or
greater right of access to the native prairie or diminish any
right of ownership to it.
(12) Property used in a continuous program to provide
emergency shelter for victims of domestic abuse, provided the
organization that owns and sponsors the shelter is exempt from
federal income taxation pursuant to section 501(c)(3) of the
Internal Revenue Code of 1986, as amended through December 31,
1986, notwithstanding the fact that the sponsoring organization
receives funding under section 8 of the United States Housing
Act of 1937, as amended.
(13) If approved by the governing body of the municipality
in which the property is located, property not exceeding one
acre which is owned and operated by any senior citizen group or
association of groups that in general limits membership to
persons age 55 or older and is organized and operated
exclusively for pleasure, recreation, and other nonprofit
purposes, no part of the net earnings of which inures to the
benefit of any private shareholders; provided the property is
used primarily as a clubhouse, meeting facility, or recreational
facility by the group or association and the property is not
used for residential purposes on either a temporary or permanent
basis.
(14) To the extent provided by section 295.44, real and
personal property used or to be used primarily for the
production of hydroelectric or hydromechanical power on a site
owned by the state or a local governmental unit which is
developed and operated pursuant to the provisions of section
105.482, subdivisions 1, 8, and 9.
(15) If approved by the governing body of the municipality
in which the property is located, and if construction is
commenced after June 30, 1983:
(a) a "direct satellite broadcasting facility" operated by
a corporation licensed by the federal communications commission
to provide direct satellite broadcasting services using direct
broadcast satellites operating in the 12-ghz. band; and
(b) a "fixed satellite regional or national program service
facility" operated by a corporation licensed by the federal
communications commission to provide fixed satellite-transmitted
regularly scheduled broadcasting services using satellites
operating in the 6-ghz. band.
An exemption provided by paragraph (15) shall apply for a period
not to exceed five years. When the facility no longer qualifies
for exemption, it shall be placed on the assessment rolls as
provided in subdivision 4. Before approving a tax exemption
pursuant to this paragraph, the governing body of the
municipality shall provide an opportunity to the members of the
county board of commissioners of the county in which the
facility is proposed to be located and the members of the school
board of the school district in which the facility is proposed
to be located to meet with the governing body. The governing
body shall present to the members of those boards its estimate
of the fiscal impact of the proposed property tax exemption.
The tax exemption shall not be approved by the governing body
until the county board of commissioners has presented its
written comment on the proposal to the governing body, or 30
days has passed from the date of the transmittal by the
governing body to the board of the information on the fiscal
impact, whichever occurs first.
(16) Real and personal property owned and operated by a
private, nonprofit corporation exempt from federal income
taxation pursuant to United States Code, title 26, section
501(c)(3), primarily used in the generation and distribution of
hot water for heating buildings and structures.
(17) Notwithstanding section 273.19, state lands that are
leased from the department of natural resources under section
92.46.
(18) Electric power distribution lines and their
attachments and appurtenances, that are used primarily for
supplying electricity to farmers at retail.
(19) Transitional housing facilities. "Transitional
housing facility" means a facility that meets the following
requirements. (i) It provides temporary housing to parents and
children who are receiving AFDC or parents of children who are
temporarily in foster care. (ii) It has the purpose of
reuniting families and enabling parents to advance their
education, get job training, or become employed in jobs that
provide a living wage. (iii) It provides support services such
as child care, work readiness training, and career development
counseling; and a self-sufficiency program with periodic
monitoring of each resident's progress in completing the
program's goals. (iv) It provides services to a resident of the
facility for at least six months but no longer than one year,
except residents enrolled in an educational or vocational
institution or job training program. These residents may
receive services during the time they are enrolled but in no
event longer than four years. (v) It is sponsored by an
organization that has received a grant under section 256.7365
for the biennium ending June 30, 1989, for the purposes of
providing the services in items (i) to (iv). (vi) It is
sponsored by an organization that is exempt from federal income
tax under section 501(c)(3) of the Internal Revenue Code of
1986, as amended through December 31, 1987. This exemption
applies notwithstanding the fact that the sponsoring
organization receives financing by a direct federal loan or
federally insured loan or a loan made by the Minnesota housing
finance agency under the provisions of either Title II of the
National Housing Act or the Minnesota housing finance agency law
of 1971 or rules promulgated by the agency pursuant to it, and
notwithstanding the fact that the sponsoring organization
receives funding under Section 8 of the United States Housing
Act of 1937, as amended.
Sec. 32. Minnesota Statutes 1988, section 290.05,
subdivision 3, is amended to read:
Subd. 3. (a) An organization exempt from taxation under
subdivision 2 shall, nevertheless, be subject to tax under this
chapter to the extent provided in the following provisions of
the Internal Revenue Code:
(i) Section 527 (dealing with political organizations) and
(ii) section 528 (dealing with certain homeowners associations)
but
notwithstanding this subdivision, shall be considered an
organization exempt from income tax for the purposes of any law
which refers to organizations exempt from income taxes.
(b) The tax shall be imposed on the taxable income of
political organizations or homeowner associations. The tax
shall be at the corporate rates. The tax shall only be imposed
on income and deductions assignable to this state under sections
290.17 to 290.20. To the extent deducted in computing federal
taxable income, the deductions contained in sections 290.09 and
section 290.21 shall not be allowed in computing Minnesota
taxable net income.
Sec. 33. Minnesota Statutes 1988, section 298.2211,
subdivision 1, is amended to read:
Subdivision 1. [PURPOSE; GRANT OF AUTHORITY.] In order to
accomplish the legislative purposes specified in sections
469.142 to 469.165 and chapter 462C, within tax relief areas as
defined in section 273.134, the commissioner of iron range
resources and rehabilitation may exercise the following powers:
(1) all powers conferred upon a rural development financing
authority under sections 469.142 to 469.149; (2) all powers
conferred upon a city under chapter 462C, subject to compliance
with the provisions of section 474A.07; (3) all powers conferred
upon a municipality or a redevelopment agency under sections
469.152 to 469.165; (4) all powers provided by sections 469.142
to 469.151 to further any of the purposes and objectives of
chapter 462C and sections 469.152 to 469.165; and (5) all powers
conferred upon a municipality or an authority under sections
469.174 to 469.177, 469.178, except subdivision 2 thereof, and
469.179, subject to compliance with the provisions of section
469.175, subdivisions 1, 2, and 3; provided that any tax
increments derived by the commissioner from the exercise of this
authority may be used only to finance or pay premiums or fees
for insurance, letters of credit, or other contracts
guaranteeing the payment when due of net rentals under a project
lease or the payment of principal and interest due on or
repurchase of bonds issued to finance a project or program, to
accumulate and maintain reserves securing the payment when due
on bonds issued to finance a project or program, or to provide
an interest rate reduction program pursuant to section 469.012,
subdivision 7. Tax increments and earnings thereon remaining in
any bond reserve account after payment or discharge of any bonds
secured thereby shall be used within one year thereafter in
furtherance of this section or returned to the county auditor of
the county in which the tax increment financing district is
located. If returned to the county auditor, the county auditor
shall immediately allocate the amount among all government units
which would have shared therein had the amount been received as
part of the other ad valorem taxes on property in the district
most recently paid, in the same proportions as other taxes were
distributed, and shall immediately distribute it to the
government units in accordance with the allocation.
Sec. 34. Minnesota Statutes 1988, section 308.11, is
amended to read:
308.11 [DIRECTORS; OFFICERS.]
Every cooperative association organized under sections
308.05 to 308.18 shall be governed by a board of not less than
five directors, except in the case of a cooperative apartment
housing corporation as defined in section 290.09, subdivision 17
216(b) of the Internal Revenue Code of 1986, as amended through
December 31, 1987, in which case the number of directors shall
not be less than three, who shall be members of the
association. If a member of an association is a family farm
corporation within the meaning of section 500.24, subdivision 2,
clause (c), or an authorized farm corporation within the meaning
of section 500.24, subdivision 2, clause (d), the member may
elect or appoint a stockholder of the corporation residing on or
actively operating the farm who shall be eligible for election
to the board of directors. If a member of an association be
other than a natural person, family farm corporation, or an
authorized farm corporation, and if the bylaws of the
association do not provide otherwise, the member may appoint or
elect one or, in the case of associations wholly constituted of
other cooperative associations, one or more natural persons who
shall be eligible for election to the board of directors.
Directors shall be elected for the term, at the time, and in the
manner provided in sections 308.05 to 308.18 and the bylaws of
the association. The directors shall elect from their number a
president and one or more vice-presidents. They shall also
elect a secretary and a treasurer, who need not be directors or
stockholders. The offices of secretary and treasurer may be
combined and when combined the person filling the office shall
be termed secretary-treasurer. If the bylaws provide, the board
of directors may also elect from their number a chair and one or
more vice-chairs, in which case the president and
vice-presidents need not be directors or stockholders. The
board of directors may also elect additional officers as the
articles or bylaws may authorize or require, and unless
otherwise required by the articles or bylaws, the additional
officers need not be directors or stockholders. The
stockholders shall have the power, at any regular or special
stockholders' meeting regularly called in the manner above
provided, to remove a director or officer for cause and to fill
the vacancy caused by the removal.
Sec. 35. Minnesota Statutes 1988, section 352.01,
subdivision 2b, is amended to read:
Subd. 2b. [EXCLUDED EMPLOYEES.] "State employee" does not
include:
(1) elective state officers;
(2) students employed by the University of Minnesota, the
state universities, and community colleges unless approved for
coverage by the board of regents, the state university board, or
the state board for community colleges, as the case may be;
(3) employees who are eligible for membership in the state
teachers retirement association except employees of the
department of education who have chosen or may choose to be
covered by the Minnesota state retirement system instead of the
teachers retirement association;
(4) employees of the University of Minnesota who are
excluded from coverage by action of the board of regents;
(5) officers and enlisted personnel in the national guard
and the naval militia who are assigned to permanent peacetime
duty and who under federal law are or are required to be members
of a federal retirement system;
(6) election officers;
(7) persons engaged in public work for the state but
employed by contractors when the performance of the contract is
authorized by the legislature or other competent authority;
(8) officers and employees of the senate and house of
representatives or a legislative committee or commission who are
temporarily employed;
(9) court employees, referees, receivers, jurors, and
notaries public, except employees of the appellate courts and
referees and adjusters employed by the department of labor and
industry;
(10) patient and inmate help in state charitable, penal,
and correctional institutions including the Minnesota veterans
home;
(11) persons employed for professional services where the
service is incidental to regular professional duties and whose
compensation is paid on a per diem basis;
(12) employees of the Sibley House Association;
(13) employees of the Grand Army of the Republic and
employees of the ladies of the G.A.R.;
(14) operators and drivers employed under section 16.07,
subdivision 4;
(15) the members of any state board or commission who serve
the state intermittently and are paid on a per diem basis; the
secretary, secretary-treasurer, and treasurer of those boards if
their compensation is $500 or less per year, or, if they are
legally prohibited from serving more than two consecutive terms
and their total service is required by law to be less than ten
years; and the board of managers of the state agricultural
society and its treasurer unless the treasurer is also its
full-time secretary;
(16) (15) state troopers;
(17) (16) temporary employees of the Minnesota state fair
employed on or after July 1 for a period not to extend beyond
October 15 of that year; and persons employed at any time by the
state fair administration for special events held on the
fairgrounds;
(18) (17) emergency employees in the classified service;
except that if an emergency employee, within the same pay
period, becomes a provisional or probationary employee on other
than a temporary basis, the employee shall be considered a
"state employee" retroactively to the beginning of the pay
period;
(19) (18) persons described in section 352B.01, subdivision
2, clauses (b) and (c) formerly defined as state police
officers;
(20) (19) temporary employees in the classified service,
temporary employees in the unclassified service appointed for a
definite period of not more than six months and employed less
than six months in any one-year period and seasonal help in the
classified service employed by the department of revenue;
(21) (20) trainees paid under budget classification number
41, and other trainee employees, except those listed in
subdivision 2a, clause (10);
(22) (21) persons whose compensation is paid on a fee
basis;
(23) (22) state employees who in any year have credit for
12 months service as teachers in the public schools of the state
and as teachers are members of the teachers retirement
association or a retirement system in St. Paul, Minneapolis, or
Duluth;
(24) (23) employees of the adjutant general employed on an
unlimited intermittent or temporary basis in the classified and
unclassified service for the support of army and air national
guard training facilities;
(25) (24) chaplains and nuns who have taken a vow of
poverty as members of a religious order;
(26) (25) labor service employees employed as a laborer 1
on an hourly basis;
(27) (26) examination monitors employed by departments,
agencies, commissions, and boards to conduct examinations
required by law;
(28) (27) members of appeal tribunals, exclusive of the
chair, to which reference is made in section 268.10, subdivision
4;
(29) (28) persons appointed to serve as members of
fact-finding commissions or adjustment panels, arbitrators, or
labor referees under chapter 179;
(30) (29) temporary employees employed for limited periods
under any state or federal program for training or
rehabilitation including persons employed for limited periods
from areas of economic distress except skilled and supervisory
personnel and persons having civil service status covered by the
system;
(31) (30) full-time students employed by the Minnesota
historical society intermittently during part of the year and
full-time during the summer months;
(32) (31) temporary employees, appointed for not more than
six months, of the metropolitan council and of any of its
statutory boards, if the board members are appointed by the
metropolitan council;
(33) (32) persons employed in positions designated by the
department of employee relations as student workers;
(34) (33) any person who is 65 years of age or older when
appointed and who does not have allowable service credit for
previous employment, unless the employee gives notice to the
director within 60 days after appointment that coverage is
desired;
(35) (34) members of trades employed by the metropolitan
waste control commission with trade union pension plan coverage
under a collective bargaining agreement first employed after
June 1, 1977;
(36) (35) persons employed in subsidized on-the-job
training, work experience, or public service employment as
enrollees under the federal Comprehensive Employment and
Training Act 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 system to meet the minimum
vesting requirements for a deferred annuity, or the employer
agrees in writing on forms prescribed by the 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 Employment and Training Act, or the person agrees
in writing on forms prescribed by the director to make the
required employer contribution in addition to the required
employee contribution;
(37) (36) off-duty peace officers while employed by the
metropolitan transit commission under section 629.40,
subdivision 5; and
(38) (37) persons who are employed as full-time
firefighters by the department of military affairs and as
firefighters are members of the public employees police and fire
fund.
Sec. 36. Minnesota Statutes 1988, section 353.01,
subdivision 2a, is amended to read:
Subd. 2a. [INCLUDED EMPLOYEES.] The following persons are
included in the meaning of "public employee":
(1) elected or appointed officers and employees of elected
officers;
(2) district court reporters;
(3) officers and employees of the public employees
retirement association;
(4) employees of the league of Minnesota cities;
(5) officers and employees of public hospitals owned or
operated by, or an integral part of, a governmental subdivision
or governmental subdivisions;
(6) employees of a school district who receive separate
salaries for driving their own buses;
(7) employees of the association of Minnesota counties;
(8) employees of the metropolitan intercounty association;
(9) employees of the Minnesota municipal utilities
association;
(10) employees of the metropolitan airports commission if
employment initially commenced after June 30, 1979;
(11) employees of the Minneapolis employees retirement
fund, if employment initially commenced after June 30, 1979;
(12) employees of the range association of municipalities
and schools;
(13) employees of the soil and water conservation
districts;
(14) employees of a county historical society who are
county employees;
(15) employees of a county historical society located in
the county whom the county, at its option, certifies to the
executive director to be county employees for purposes of
retirement coverage under this chapter, which status must be
accorded to all similarly situated county historical society
employees and, once established, must continue as long as a
person is an employee of the county historical society and is
not excluded under subdivision 2b;
(16) employees of an economic development authority created
or operating under sections 458C.01 469.090 to 458C.23
469.108;
(17) employees of the department of military affairs of the
state of Minnesota who are full-time firefighters.
Sec. 37. Minnesota Statutes 1988, section 383B.229, is
amended to read:
383B.229 [EXISTING HEALTH SERVICE PROGRAMS NOT AFFECTED.]
Sections 383B.211 to 383B.229 do not affect the eligibility
authority of any statutory or home rule charter city of the
first or second class to receive a subsidy pursuant to the
provisions of section 145.917 or otherwise affect the authority
of any such city to operate or to continue to operate a health
service program.
Sec. 38. Minnesota Statutes 1988, section 383B.77, is
amended to read:
383B.77 [HENNEPIN COUNTY HOUSING AND REDEVELOPMENT
AUTHORITY.]
Subdivision 1. [CREATION.] The Hennepin county housing and
redevelopment authority is created in the county of Hennepin. It
shall have all of the powers and duties of a housing and
redevelopment authority under the municipal housing and
redevelopment act, sections 462.411 to 462.716 469.001 to
469.047. For the purposes of applying the municipal housing and
redevelopment act to Hennepin county, the county has all of the
powers and duties of a municipality city, the county board has
all the powers and duties of a governing body, the chair of the
county board has all of the powers and duties of a mayor, and
the area of operation includes the area within the territorial
boundaries of the county.
Subd. 2. [LIMITATION.] This section does not limit or
restrict any existing housing and redevelopment authority or
prevent a municipality from creating an authority. For purposes
of this subdivision, "municipal housing and redevelopment
authority" includes any municipal department, agency, or
authority of the city of Minneapolis which exercises the powers
of a municipal housing and redevelopment authority pursuant to
section 462.425 469.003 or other law. The county authority
shall not exercise its powers in a municipality where
a municipal housing and redevelopment authority is established
pursuant to section 462.425 469.003, except as provided in this
subdivision. If a municipal city housing and redevelopment
authority requests the county housing and redevelopment
authority to exercise any power or perform any function of the
municipal authority, the county authority may do so.
Subd. 3. [LOCAL APPROVAL.] If a housing or redevelopment
project is undertaken in Hennepin county pursuant to this
section, the governing body of the city must approve the project
before it is undertaken.
Sec. 39. Minnesota Statutes 1988, section 383C.331, is
amended to read:
383C.331 [DUTIES OF PURCHASING AGENT.]
The county purchasing agent of any such county shall:
(a) purchase or contract for all supplies, materials,
equipment and contractual services required by any department,
board, commission, or agency of the county government, subject
to the provisions set forth in sections 383C.33 to 383C.34;
(b) enforce standard specifications established in
accordance with section 383C.339 and which shall apply to all
supplies, materials and equipment purchased for the use of the
county government;
(c) (b) negotiate leases for all grounds, buildings, office
or other space required by all county departments, boards,
commissions, or agencies;
(d) (c) have charge of all central storerooms now operated
by, or hereafter established by the county government or any
department, board, commission, or agency thereof;
(e) (d) transfer to or between county departments, boards,
commissions, and agencies, or sell supplies, materials, and
equipment which are surplus, obsolete, or unused; and
(f) (e) establish and operate a central duplicating and
mailing room for the county departments, boards, commissions,
and agencies at the county seat.
Sec. 40. Minnesota Statutes 1988, section 383C.334, is
amended to read:
383C.334 [PURCHASES; CONTRACTS; LIMITATIONS.]
All purchases of, and contracts for, supplies, materials
equipment or contractual services, and all sales of personal
property which has become obsolete and unusable, shall be based
wherever possible on competitive bids. If the amount of the
expenditure or sale is estimated to exceed $1,000, sealed bids
shall be solicited by public notice inserted at least once in a
newspaper of general circulation and at least five calendar days
before the final date of submitting bids. Such notice shall
include a general description of the commodities or contractual
services to be purchased, or personal property to be sold, and
shall state where bid blanks and specifications may be obtained
and the time and place for the opening of bids. The county
purchasing agent shall also solicit sealed bids by sending
requests by mail to prospective suppliers and by posting notice
on a public bulletin board in the purchasing agent's office.
All purchases or sales of less than $1,000 in amount shall
be made in the open market without newspaper notice, but shall
wherever possible be based on at least three competitive bids.
Sales shall be made to the highest responsible bidder.
Bids on purchases shall in all cases be based on such
standard specifications as may be adopted by the board of
standardization in accordance with the provisions of section
383C.339. The purchasing agent shall accept the lowest bid and
award the contract to such lowest bidder unless the agent on
account of the quality or character of the goods, materials, or
supplies proposed to be furnished by the lowest bidder or
because of the financial responsibility and reputation of said
bidder, deems it not to the best advantage of the county to
accept such bid, and, in the case of capital expenditures, the
agent shall present to the county board, or to the interested
board or commission, as the case may be, a written statement of
the reasons why such lowest bid should not be accepted and shall
advise the appropriate body which bid in the purchasing agent's
judgment is to the best advantage of the county, and the county
board or such interested board or commission, may thereupon
concur with the agent to accept the recommended bid or reject
all bids. All bids may be rejected and new bids solicited if
the public interest shall be served thereby. If all bids
received on a pending contract are for the same unit price or
total amount, the county purchasing agent shall have authority
to award the contract to one of the tie bidders by drawing lots
in public, or to reject all bids and to purchase the required
supplies, materials, equipment or contractual services in the
open market, provided the price paid in the open market shall
not exceed the lowest responsible bid. It shall be the duty of
the purchasing agent to discourage uniform bidding and to
endeavor to obtain as full and open competition as possible on
all purchases and sales. Each bid, with the name of the bidder,
shall be entered on a record, and each record with the
successful bid indicated thereon, shall, after the award of the
order or contract, be open to public inspection.
All contracts shall be approved as to form by the county
attorney and a copy of each contract shall be filed with the
county auditor of any such county.
Sec. 41. Minnesota Statutes 1988, section 469.0721, is
amended to read:
469.0721 [CANNON FALLS; REDWOOD FALLS; PORT AUTHORITY.]
Each of the cities of Cannon Falls and Redwood Falls may,
by adoption of an enabling resolution in compliance with the
procedural requirements of section 469.0723, establish a port
authority commission that, subject to section 469.0722, has the
same powers as a port authority established under section 458.09
469.049, or other law, and a housing and redevelopment authority
established under chapter 462 469, or other law, and is an
agency that may administer one or more municipal development
districts under section 472A.10 469.131. The port authority
commission may exercise any of these powers within industrial
development districts or within other property under the
jurisdiction of the commission. The port authority commission
may enter into agreements with nonprofit organizations or
corporations, including, but not limited to, joint venture and
limited partnership agreements, in order to carry out its
purposes. If a city establishes a port authority commission
under this section, the city shall exercise all the powers in
dealing with a port authority that are granted to a city by
chapter 458, and all powers in dealing with a housing and
redevelopment authority that are granted to a city by chapter
462, or other law.
Sec. 42. Minnesota Statutes 1988, section 469.121,
subdivision 1, is amended to read:
Subdivision 1. [ACCOUNT CREATED.] In the economic
development fund created in continued by section 116M.06,
subdivision 4 116J.968, there is created a Minnesota account, to
be used by the authority in the manner and for the purposes
provided in sections 469.109 to 469.123.
Sec. 43. Minnesota Statutes 1988, section 469.129,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL OBLIGATION BONDS.] The governing
body may authorize, issue, and sell general obligation bonds to
finance the acquisition and betterment of real and personal
property needed to carry out the development program within the
development district together with all relocation costs
incidental thereto. The bonds shall mature within 30 years from
the date of issue and shall be issued in accordance with
sections 475.51, 475.53, 475.54, 475.55, 475.56, 475.60, 475.61,
475.62, 475.63, 475.65, 475.66, 475.69, 475.70, 475.71. All tax
increments received by the city pursuant to Minnesota
Statutes 1986 1978, section 472A.08, shall be pledged for the
payment of these bonds and used to reduce or cancel the taxes
otherwise required to be extended for that purpose. The bonds
shall not be included when computing the city's net debt. Bonds
shall not be issued under this paragraph subsequent to August 1,
1979.
Sec. 44. Minnesota Statutes 1988, section 471.562,
subdivision 4, is amended to read:
Subd. 4. [PROJECT.] "Project" means an industrial
development district as defined in section 458.191 469.058,
subdivision 1; a project as defined in section 462.421 469.002,
subdivision 14 12; a development district as defined in chapter
472A sections 469.124 to 469.134 or any special law; or a
project as defined in section 474.02, subdivision 1, 1a, or
1b 469.153, subdivision 2.
Sec. 45. Minnesota Statutes 1988, section 471.563, is
amended to read:
471.563 [USES OF LOAN REPAYMENTS.]
Subject to any restrictions imposed on their use by any
related federal or state grant, economic development loan
repayments, and the proceeds of any bonds issued pursuant to
section 471.564 may be applied by a municipality to any of the
following purposes:
(1) to finance or otherwise pay the costs of a project;
(2) to pay principal and interest on any bonds issued
pursuant to section 273.77 469.178, with respect to a project,
certification of which is requested before August 1, 1987, or
pursuant to chapter 474, 458, 462, or section 471.564, to
purchase insurance or other credit enhancement for any of those
obligations or to create or maintain reserves therefor; or
(3) for any other purpose authorized by law.
If economic development loan repayments are used to pay
principal or interest on any such obligations, the municipality
may be reimbursed for the amount so applied with interest not
exceeding the rate of interest on the obligations from
subsequent collections of taxes or other revenues that had been
designated as the primary source of payment of the obligations.
Sec. 46. Minnesota Statutes 1988, section 474A.02,
subdivision 18, is amended to read:
Subd. 18. [NOTICE OF ENTITLEMENT ALLOCATION.] "Notice of
entitlement allocation" means a notice provided to an
entitlement issuer under section 474.04 474A.04, subdivision 5.
Presented to the governor May 19, 1989
Signed by the governor May 23, 1989, 6:05 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes