Office of the Revisor of Statutes
Minnesota Session Laws - 1990, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1990
CHAPTER 426-S.F.No. 2072
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conflicting, and superseded provisions; making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
11A.14, subdivision 5; 15.0597, subdivision 1; 15.50,
subdivision 5; 16B.53, subdivision 3; 62C.141; 79A.14;
115.49, subdivision 4; 197.55; 232.21, subdivision 7;
256B.69, subdivision 6; 257.41; 273.1315; 333.135;
336.9-105; 353A.02, subdivision 14; 354.05,
subdivision 23; 354.66, subdivision 7; 412.701;
412.711; 459.07; 469.155, subdivision 12; 481.12;
626.556, subdivision 10c; Minnesota Statutes 1989
Supplement, sections 15.50, subdivision 2; 18.022,
subdivision 2; 62A.045; 105.41, subdivision 1a;
115C.03, subdivision 9; 124.86, subdivision 2;
127.455; 144.6501, subdivision 10; 163.06, subdivision
6; 168.013, subdivision 1a; 168.33, subdivision 2;
176.421, subdivision 7; 204C.361; 236.02, subdivision
7; 245.462, subdivision 4; 256E.08, subdivision 5;
256H.08; 256H.22, subdivisions 2 and 3; 260.185,
subdivision 1; 270B.12, subdivision 7; 273.119,
subdivision 1; 273.124, subdivision 13; 319A.20;
336.2A-104; 352.01, subdivision 2b; 352.72,
subdivision 1; 352B.30, subdivision 1; 383D.41,
subdivisions 1 and 2; 422A.05, subdivision 2a;
469.129, subdivision 1; 501B.61, subdivision 1;
563.01, subdivision 3; 609.605, subdivision 3;
Minnesota Statutes Second 1989 Supplement, sections
121.904, subdivision 4a; 245A.14, subdivision 6; and
275.50, subdivision 5; and Laws 1989, chapters 329,
article 8, section 15, subdivision 2; 332, section 3,
subdivision 3; repealing Minnesota Statutes 1988,
sections 11A.19, subdivisions 1 to 8; 43A.192;
Minnesota Statutes 1989 Supplement, sections 11A.19,
subdivision 9; and 226.01 to 226.06.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
REVISOR'S BILL
STATUTORY CORRECTIONS
Section 1. Minnesota Statutes 1988, section 11A.19,
subdivisions 1, 2, 3, 4, 5, 6, 7, and 8, are repealed.
Sec. 2. Minnesota Statutes 1989 Supplement, section
11A.19, subdivision 9, is repealed.
Sec. 3. Minnesota Statutes 1988, section 11A.14,
subdivision 5, is amended to read:
Subd. 5. [PARTICIPATING PUBLIC RETIREMENT PLANS OR FUNDS.]
The following public retirement plans and funds shall
participate in the Minnesota combined investment funds:
(1) state employees retirement fund established pursuant to
chapter 352;
(2) correctional employees retirement plan established
pursuant to chapter 352;
(3) state patrol retirement fund established pursuant to
chapter 352B;
(4) public employees retirement fund established pursuant
to chapter 353;
(5) public employees police and fire fund established
pursuant to chapter 353;
(6) teachers retirement fund established pursuant to
chapter 354;
(7) judges retirement fund established pursuant to chapter
490;
(8) the permanent school fund established under the
Minnesota Constitution, article XI, section 8;
(9) the supplemental investment fund established under
section 11A.17; and
(10) the variable annuity investment fund established under
section 11A.19; and
(11) any other fund required by law to participate.
Sec. 4. Minnesota Statutes 1988, section 353A.02,
subdivision 14, is amended to read:
Subd. 14. [INELIGIBLE INVESTMENTS.] "Ineligible
investments" means any investment security or other asset held
by the relief association at or after the initiation of the
consolidation procedure which does not comply with the
applicable requirements or limitations of sections 11A.09,
11A.18, 11A.19, 11A.23, and 11A.24.
Sec. 5. Minnesota Statutes 1988, section 354.05,
subdivision 23, is amended to read:
Subd. 23. [VARIABLE ACCOUNT ACCUMULATION.] "Variable
account accumulation" means the total amounts credited to a
member's account in the variable annuity division as most
recently revalued in accordance with the provisions of sections
11A.19 and section 354.62.
Sec. 6. Minnesota Statutes 1988, section 15.0597,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] As used in this section, the
following terms shall have the meanings given them.
(a) "Agency" means (1) a state board, commission, council,
committee, authority, task force, including an advisory task
force created under section 15.014 or 15.0593, or other similar
multimember agency created by statute and having statewide
jurisdiction; and (2) the metropolitan council, regional transit
board, metropolitan airports commission, metropolitan parks and
open space commission, metropolitan sports facilities
commission, metropolitan waste control commission, capitol area
architectural and planning board, and any agency with a regional
jurisdiction created in this state pursuant to an interstate
compact.
(b) "Vacancy" or "vacant agency position" means (1) a
vacancy in an existing agency, or (2) a new, unfilled agency
position; provided that "agency" "vacancy" shall not mean (1) a
vacant position on an agency composed exclusively of persons
employed by a political subdivision or another agency, or (2) a
vacancy to be filled by a person required to have a specific
title or position.
(c) "Secretary" means the secretary of state.
Sec. 7. Minnesota Statutes 1989 Supplement, section 15.50,
subdivision 2, is amended to read:
Subd. 2. (a) The board shall prepare, prescribe, and from
time to time amend a comprehensive use plan for the capitol
area, herein called the area which shall initially consist of
that portion of the city of Saint Paul comprehended within the
following boundaries: Beginning at the point of intersection of
the centerline of the Arch-Pennsylvania freeway and the
centerline of Marion Street, thence southerly along the
centerline of Marion Street extended to a point 50 feet south of
the south line of Concordia Avenue, thence southeasterly along a
line extending 50 feet from the south line of Concordia Avenue
to a point 125 feet from the west line of John Ireland
Boulevard, thence southwesterly along a line extending 125 feet
from the west line of John Ireland Boulevard to the south line
of Dayton Avenue, thence northeasterly from the south line of
Dayton Avenue to the west line of John Ireland Boulevard, thence
northeasterly to the centerline of the intersection of Old
Kellogg Boulevard and Summit Avenue, thence northeasterly along
the centerline of Summit Avenue to the south line of the
right-of-way of the Fifth Street ramp, thence southeasterly
along the right-of-way of the Fifth Street ramp to the east line
of the right-of-way of Interstate Highway 35-E, thence
northeasterly along the east line of the right-of-way of
Interstate Highway 35-E to the south line of the right-of-way of
Interstate Highway 94, thence easterly along the south line of
the right-of-way of Interstate Highway 94 to the west line of
St. Peter Street, thence southerly to the south line of Eleventh
Street, thence easterly along the south line of Eleventh Street
to the west line of Cedar Street, thence southeasterly along the
west line of Cedar Street to the centerline of Tenth Street,
thence northeasterly along the centerline of Tenth Street to the
centerline of Minnesota Street, thence northwesterly along the
centerline of Minnesota Street to the centerline of Eleventh
Street, thence northeasterly along the centerline of Eleventh
Street to the centerline of Jackson Street, thence northwesterly
along the centerline of Jackson Street to the centerline of the
Arch-Pennsylvania freeway extended, thence westerly along the
centerline of the Arch-Pennsylvania freeway extended and Marion
Street to the point of origin. Pursuant to the comprehensive
plan, or any portion thereof, the board may regulate, by means
of zoning rules adopted pursuant to the administrative procedure
act, the kind, character, height, and location, of buildings and
other structures constructed or used, the size of yards and open
spaces, the percentage of lots that may be occupied, and the
uses of land, buildings and other structures, within the area.
To protect and enhance the dignity, beauty, and architectural
integrity of the capitol area, the board is further empowered to
include in its zoning rules design review procedures and
standards with respect to any proposed construction activities
in the capitol area significantly affecting the dignity, beauty,
and architectural integrity of the area. No person shall
undertake these construction activities as defined in the
board's rules in the capitol area without first submitting
construction plans to the board, obtained obtaining a zoning
permit from the board and received receiving a written
certification from the board specifying that the person has
complied with all design review procedures and standards.
Violation of the zoning rules is a misdemeanor. The board may,
at its option, proceed to abate any violation by injunction.
The board and the city of St. Paul shall cooperate in assuring
that the area adjacent to the capitol area is developed in a
manner that is in keeping with the purpose of the board and the
provisions of the comprehensive plan.
(b) The commissioner of administration shall act as a
consultant to the board with regard to the physical structural
needs of the state. The commissioner shall make studies and
report the results to the board when they request reports for
their planning purpose.
(c) No public building, street, parking lot, or monument,
or other construction shall be built or altered on any public
lands within the area unless the plans for the same conforms to
the comprehensive use plan as specified in clause (d) and to the
requirement for competitive plans as specified in clause (e).
No alteration substantially changing the external appearance of
any existing public building approved in the comprehensive plan
or the exterior or interior design of any proposed new public
building the plans for which were secured by competition under
clause (e), may be made without the prior consent of the board.
The commissioner of administration shall consult with the board
regarding internal changes having the effect of substantially
altering the architecture of the interior of any proposed
building.
(d) The comprehensive plan shall show the existing land
uses and recommend future uses including: areas for public
taking and use; zoning for private land and criteria for
development of public land, including building areas and open
spaces; vehicular and pedestrian circulation; utilities systems;
vehicular storage; elements of landscape architecture. No
substantial alteration or improvement shall be made to public
lands or buildings in the area save with the written approval of
the board.
(e) The board shall secure by competitions, plans for any
new public building. Plans for any comprehensive plan,
landscaping scheme, street plan, or property acquisition, which
may be proposed, or for any proposed alteration of any existing
public building, landscaping scheme or street plan may be
secured by a similar competition. Such competition shall be
conducted under rules prescribed by the board and may be of any
type which meets the competition standards of the American
Institute of Architects. Designs selected shall become the
property of the state of Minnesota and the board may award one
or more premiums in each such competition and may pay such costs
and fees as may be required for the conduct thereof. At the
option of the board, plans for projects estimated to cost less
than $1,000,000 may be approved without competition provided
such plans have been considered by the advisory committee
described in clause (f). Plans for projects estimated to cost
less than $400,000 and for construction of streets need not be
considered by the advisory committee if in conformity with the
comprehensive plan.
(f) The board shall not adopt any plan under clause (e)
unless it first receives the comments and criticism of an
advisory committee of three persons, each of whom is either an
architect or a planner, who have been selected and appointed as
follows: one by the board of the arts, one by the board, and
one by the Minnesota Society of the American Institute of
Architects. Members of the committee shall not be contestants
under clause (e). The comments and criticism shall be a matter
of public information. The committee shall advise the board on
all architectural and planning matters. For that purpose:
(1) the committee shall be kept currently informed
concerning, and have access to, all data, including all plans,
studies, reports and proposals, relating to the area as the same
are developed or in the process of preparation whether by the
commissioner of administration, the commissioner of trade and
economic development, the metropolitan council, the city of
Saint Paul, or by any architect, planner, agency or
organization, public or private, retained by the board or not
retained and engaged in any work or planning relating to the
area. A copy of any such data prepared by any public employee
or agency shall be filed with the board promptly upon
completion;
(2) the board may employ such stenographic or technical
help as may be reasonable to assist the committee to perform its
duties;
(3) when so directed by the board, the committee may serve
as, and any member or members thereof may serve on, the jury or
as professional advisor for any architectural competition. The
board shall select the architectural advisor and jurors for any
competition with the advice of the committee; and
(4) the city of St. Paul shall advise the board.
(g) The comprehensive plan for the area shall be developed
and maintained in close cooperation with the commissioner of
trade and economic development and the planning department and
the council for the city of Saint Paul and the board of the
arts, and no such plan or amendment thereof shall be effective
without 90 days' notice to the planning department of the city
of Saint Paul and the board of the arts.
(h) The board and the commissioner of administration
jointly, shall prepare, prescribe, and from time to time revise
standards and policies governing the repair, alteration,
furnishing, appearance and cleanliness of the public and
ceremonial areas of the state capitol building. Pursuant to
this power, the board shall consult with and receive advice from
the director of the Minnesota state historical society regarding
the historic fidelity of plans for the capitol building. The
standards and policies developed as herein provided shall be
binding upon the commissioner of administration. The provisions
of sections 14.02, 14.04 to 14.36, 14.38, and 14.44 to 14.45
shall not apply to this clause.
(i) The board in consultation with the commissioner of
administration shall prepare and submit to the legislature and
the governor no later than October 1 of each even-numbered year
a report on the status of implementation of the comprehensive
plan together with a program for capital improvements and site
development, and the commissioner of administration shall
provide the necessary cost estimates for the program.
(j) The state shall, by the attorney general upon the
recommendation of the board and within appropriations available
for that purpose, acquire by gift, purchase or eminent domain
proceedings any real property situated in the area described in
this section and it shall also have the power to acquire an
interest less than a fee simple interest in the property, if it
finds that it is needed for future expansion or beautification
of the area.
(k) The board is the successor of the state veterans'
service building commission, and as such may adopt rules and may
reenact the rules adopted by its predecessor under Laws 1945,
chapter 315, and acts amendatory thereof.
(l) The board shall meet at the call of the chair and at
such other times as it may prescribe.
(m) The commissioner of administration shall assign
quarters in the state veterans service building to (1) the
department of veterans affairs of which such part as the
commissioner of administration and commissioner of veterans
affairs may mutually determine shall be on the first floor above
the ground and (2) the American Legion, Veterans of Foreign
Wars, Disabled American Veterans, Military Order of the Purple
Heart, United Spanish War Veterans, and Veterans of World War I,
and their auxiliaries, incorporated, or when incorporated, under
the laws of the state, and (3) as space becomes available to
such other state departments and agencies as the commissioner
may deem desirable.
Sec. 8. Minnesota Statutes 1988, section 15.50,
subdivision 5, is amended to read:
Subd. 5. The moneys appropriated to the board are subject
to the requirements of budget and allotment as prescribed by
chapter 16A. Except for budgeting and allotting the board shall
be subject to none of the provisions of chapter 16 or 16A or 16B.
Sec. 9. Minnesota Statutes 1988, section 16B.53,
subdivision 3, is amended to read:
Subd. 3. [REVOLVING FUND.] Money collected by the
commissioner under this section must be deposited in the central
general services revolving fund in the state treasury. Money in
that fund is annually appropriated to the commissioner for the
purposes of carrying out this section.
Sec. 10. Minnesota Statutes 1989 Supplement, section
18.022, subdivision 2, is amended to read:
Subd. 2. [COST.] (a) To defray the cost of the activities
under subdivision 1, the governing body of the political
subdivision may levy a tax which, except when levied by a
county, must not exceed a gross tax capacity rate of .55 percent
or a net tax capacity rate of .68 percent in any year in excess
of charter tax capacity rate limitations, but not in any event
more than 50 cents per capita, except that the levy for the
grasshopper control program under Laws 1989, chapter 350,
article 10, sections 23 to 26 18.0223 to 18.0227 is not subject
to the 50 cents per capita limitation. The political
subdivision may make the levy, where necessary, separate from
the general levy and at any time of the year. (b) If, because
of the prevalence of Dutch elm disease, the governing body of
such a political subdivision is unable to defray the cost of
control activities authorized by this section within the limits
set by this subdivision, the limits set by this subdivision are
increased to a gross tax capacity rate of 1.1 percent or a net
tax capacity rate of 1.36 percent, but not in any event more
than one dollar per capita.
Sec. 11. Minnesota Statutes 1988, section 79A.14, is
amended to read:
79A.14 [LETTER OF CREDIT FORM.]
The form for the letter of credit under this chapter shall
be:
Effective Date
State of Minnesota (Beneficiary)
(Address)
Dear Sirs:
By order of ....................(Self-Insurer) we are instructed
to open a clean irrevocable Letter of Credit in your favor for
United States $............(Amount).
We undertake that drawings under this Letter of Credit will be
honored upon presentation of your draft drawn on
..........(Self-Insurer issuing bank), at ..........(Address)
prior to expiration date.
The Letter of Credit expires on .........., but will
automatically extend for an additional one year if you have not
received by registered mail notification of intention not to
renew 60 days prior to the original expiration date and each
subsequent expiration date.
Except as expressly stated herein, this undertaking is not
subject to any condition or qualification. The obligation of
............(issuing bank) under this letter of credit shall be
the individual obligation of ............(issuing bank), in no
way contingent upon reimbursement with respect thereto.
Very truly yours,
......................(Signature)
Sec. 12. [REPEALER.]
Minnesota Statutes 1988, section 43A.192, is repealed.
Sec. 13. Minnesota Statutes 1989 Supplement, section
105.41, subdivision 1a, is amended to read:
Subd. 1a. [WATER ALLOCATION PRIORITIES.] (a) The
commissioner shall adopt rules for allocation of waters based on
the following priorities for the consumptive appropriation and
use of water:
(1) first priority: domestic water supply excluding
industrial and commercial uses of municipal water supply, and
use for power production that meets the contingency planning
provisions of section 105.417, subdivision 5;
(2) second priority: a use of water that involves
consumption of less than 10,000 gallons of water per day;
(3) third priority: agricultural irrigation and processing
of agricultural products, involving consumption in excess of
10,000 gallons per day;
(4) fourth priority: power production in excess of the use
provided for in the contingency plan developed under section
105.417, subdivision 5; and
(5) fifth priority: uses, other than agricultural
irrigation, processing of agricultural products, and power
production, involving consumption in excess of 10,000 gallons
per day and nonessential uses of public water supplies as
defined in section 105.518, subdivision 1 105.418.
(b) For the purposes of this section, "consumption" shall
mean water withdrawn from a supply which is lost for immediate
further use in the area.
(c) Appropriation and use of surface water from streams
during periods of flood flows and high water levels must be
encouraged subject to consideration of the purposes for use,
quantities to be used, and the number of persons appropriating
water.
(d) Appropriation and use of surface water from lakes of
less than 500 acres in surface area must be discouraged.
(e) The treatment and reuse of water from nonconsumptive
uses shall be encouraged.
(f) Diversions of water from the state for use in other
states or regions of the United States or Canada must be
discouraged.
Sec. 14. Minnesota Statutes 1988, section 115.49,
subdivision 4, is amended to read:
Subd. 4. Any municipality which is a party to a contract
for any of the purposes specified in subdivision 3 and which
operates a plant for the disposal of sewage, industrial wastes,
or other wastes, or which is a city of the first class
comprising a part of a sanitary district under chapter 445 may
upon written notice to the other party or parties, fix new rates
and charges for the service performed under the contract,
notwithstanding any provision of law, charter, or the contract
to the contrary. Any other party or parties to such a contract
with a municipality which operates such a plant, or with a city
of the first class comprising a part of a sanitary district
under Minnesota Statutes, chapter 445 may, upon written notice
to such municipality, demand that new rates and charges be fixed
for service performed under the contract, notwithstanding any
provision of law, charter, or the contract to the contrary.
Whenever notice is given as provided herein, it shall be the
duty of the municipality operating the plant for the disposal of
sewage, industrial wastes, or other wastes, or a city of the
first class comprising a part of a sanitary district under
chapter 445, to hold a hearing for the determination of proper
rates and charges. A valid notice given under this subdivision
of a demand to fix new rates and charges as to any contract
precludes another such notice by any party as to that contract
for a period of five years from the time of the notice, or the
time of dismissal of proceedings under a notice, or the time of
determination of rates and charges by the affected agencies or
by judgment, as the case may be, whichever of these events is
last, but there may always be a contract change under
subdivision 3; provided there can be no such demand as of right
within the first five years of a contract. A municipality which
may be affected by determination of new rates and charges in
such a proceeding may participate in the proceeding as an
interested third party by filing a notice of its intention to so
participate with the clerk of the municipality to which the
original notice was directed. If any party to the contract
involved in the proceeding initiated by notice of demand for new
rates and charges is dissatisfied with the rates and charges as
set in the proceeding it may within 30 days after such
determination by written notice given to the other party or
parties elect to submit the matters in dispute to a board of
arbitration which shall be created as follows: The municipality
making such written election shall in such written election
appoint a referee; the other municipality shall within ten days
after such election and appointment also appoint a referee; the
two referees shall appoint a third referee, or if they fail for
ten days to do so, unless the municipalities mutually extend the
time for them to do so the district court of a judicial district
which is mutually agreeable to the municipalities shall make the
appointment of the third referee. A decision of the majority of
the board shall be a decision of the board. Each municipality
shall pay the compensation of the referee appointed by it, and
one-half of the compensation of the third referee, such
compensation to be at the rate usually charged by such person
for services in the person's profession or occupation. The
hearing initiated by the notice of demand to fix new rates and
charges and all proceedings in connection therewith shall be in
conformity with sections 14.57 to 14.62 and the municipality
conducting the hearing is an agency as such term is used in such
sections. Any party to the contract aggrieved by the decision
or order made in conformity with such provisions shall be
entitled to judicial review in the district court in the county
in which such decision or order was made and in the manner
provided in subdivision 5. The new rates and charges
established by the agency upon the initial demand will continue
until the proper rates and charges are finally determined,
notwithstanding submission to arbitration or judicial review,
but the order or judgment which finally determines legality will
provide for adjustment of overpayment or underpayment, if any,
during the period after the new rates and charges were initially
fixed.
All records of any municipality relating to such rates and
charges shall be available at all reasonable times for
examination by any municipality.
Sec. 15. Minnesota Statutes 1989 Supplement, section
115C.03, subdivision 9, is amended to read:
Subd. 9. [REQUESTS FOR REVIEW, INVESTIGATION, AND
OVERSIGHT.] (a) The commissioner may, upon request:
(1) assist in determining whether a release has occurred;
and
(2) assist in or supervise the development and
implementation of reasonable and necessary response actions.
(b) Assistance may include review of agency records and
files and review and approval of a requester's investigation
plans and reports and corrective action plans and implementation.
(c) The person requesting assistance under this subdivision
shall pay the agency for the agency's cost, as determined by the
commissioner, of providing assistance. Money received by the
agency for assistance under this subdivision must be deposited
in the state treasury and credited to the fund account.
Sec. 16. Minnesota Statutes 1989 Supplement, section
124.86, subdivision 2, is amended to read:
Subd. 2. [REVENUE AMOUNT.] For 1989-1990 and later school
years, an American Indian-controlled contract school that is
located on a reservation within the state and that complies with
the requirements in subdivision 1 is eligible to receive tribal
contract school aid. The amount of aid is derived by:
(1) multiplying the formula allowance under section
124A.22, subdivision 2, times the actual pupil units as defined
in section 124A.02, subdivision 19, in attendance during the
fall count week, but not including pupil units for which the
school has received reimbursement under sections 123.933 and
126.23 for the school for the current school year;
(2) subtracting from the result in clause (1) the amount of
money allotted to the school by the federal government through
the Indian School Equalization Program of the Bureau of Indian
Affairs, according to Code of Federal Regulations, title 25,
part 39, subparts A to E, for the basic program as defined by
section 39, 11, b 39.11, paragraph (b) but not money allotted
through subparts F to L for contingency funds, school board
training, student training, interim maintenance and minor
repair, interim administration cost, prekindergarten, and
operation and maintenance, and the amount of money that is
received according to section 126.23;
(3) dividing the result in clause (2) by the actual pupil
units; and
(4) multiplying the actual pupil units by the lesser of
$1,500 or the result in clause (3).
Sec. 17. Minnesota Statutes 1989 Supplement, section
127.455, is amended to read:
127.455 [MODEL POLICY.]
The commissioner of education shall maintain and make
available to school boards a model sexual harassment and
violence policy. The model policy shall address the
requirements of section 127.45 127.46.
Each school board shall submit to the commissioner of
education a copy of the sexual harassment and sexual violence
policy the board has adopted.
Sec. 18. Laws 1989, chapter 329, article 8, section 15,
subdivision 2, is amended to read:
Subd. 2. Each school board shall adopt a written sexual
harassment and sexual violence policy required under section
127.45 127.46 before September 1, 1991. Each school board shall
submit a copy of its adopted sexual harassment and sexual
violence policy required under section 127.455 to the education
commissioner by September 1, 1991.
Sec. 19. Minnesota Statutes 1989 Supplement, section
144.6501, subdivision 10, is amended to read:
Subd. 10. [APPLICABILITY.] This section applies to new
admissions to facilities on and after October 1, 1989. This
section does not require the execution of a new admission
contract for a resident who was residing in a facility before
August June 1, 1989. However, provisions of the admission
contract that are inconsistent with or in conflict with this
section are voidable at the sole option of the resident.
Residents must be given notice of the changes in admission
contracts according to this section and must be given the
opportunity to execute a new admission contract that conforms to
this section.
Sec. 20. Minnesota Statutes 1989 Supplement, section
163.06, subdivision 6, is amended to read:
Subd. 6. [EXPENDITURE IN CERTAIN COUNTIES.] In any county
having not less than 95 nor more than 105 full and fractional
townships, and having a net tax capacity of not less than
$3,000,000 nor more than $5,000,000, exclusive of money and
credits, the county board, by resolution, may expend the funds
provided in subdivision 4 in any organized or unorganized
township or portion thereof in such county.
Sec. 21. Minnesota Statutes 1989 Supplement, section
168.013, subdivision 1a, is amended to read:
Subd. 1a. [PASSENGER AUTOMOBILES; AMBULANCES; HEARSES.]
(a) On passenger automobiles as defined in section 168.011,
subdivision 7, ambulances, and hearses, except as otherwise
provided, the tax shall be $10 plus an additional tax equal to
1.25 percent of the base value.
(b) Subject to the classification provisions herein, "base
value" means the manufacturer's suggested retail price of the
vehicle including destination charge as reflected on the price
listing affixed to the vehicle in conformity with United States
Code, title 15, sections 1231 to 1233 (Public Law Number 85-506)
or otherwise suggested by the manufacturer or determined by the
registrar if no suggested retail price exists, and shall not
include the cost of each accessory or item of optional equipment
separately added to the vehicle and the suggested retail price.
(c) If unable to determine the base value because the
vehicle is specially constructed, or for any other reason, the
registrar may establish such value upon the cost price to the
purchaser or owner as evidenced by a certificate of cost but not
including Minnesota sales or use tax or any local sales or other
local tax.
(d) The registrar shall classify every vehicle in its
proper base value class as follows:
FROM TO
$ 0 $199.99
200 399.99
and thereafter a series of classes successively set in brackets
having a spread of $200 consisting of such number of classes as
will permit classification of all vehicles.
(e) The base value for purposes of this section shall be
the middle point between the extremes of its class.
(f) The registrar shall establish the base value, when new,
of every passenger automobile, ambulance and hearse registered
prior to the effective date of Extra Session Laws 1971, chapter
31, using list price information published by the manufacturer
or any nationally recognized firm or association compiling such
data for the automotive industry. If unable to ascertain the
base value of any registered vehicle in the foregoing manner,
the registrar may use any other available source or method. The
tax on all previously registered vehicles shall be computed upon
the base value thus determined taking into account the
depreciation provisions of Extra Session Laws 1971, chapter 31
paragraph (g).
(g) Except as provided in paragraph (h), the annual
additional tax computed upon the base value as provided herein,
during the first and second years of vehicle life shall be
computed upon 100 percent of the base value; for the third and
fourth years, 90 percent of such value; for the fifth and sixth
years, 75 percent of such value; for the seventh year, 60
percent of such value; for the eighth year, 40 percent of such
value; for the ninth year, 30 percent of such value; for the
tenth year, ten percent of such value; for the 11th and each
succeeding year, the sum of $25.
In no event shall the annual additional tax be less than
$25.
(h) The annual additional tax under paragraph (g) on a
motor vehicle on which the first annual tax was paid before
January 1, 1990, must not exceed the tax that was paid on that
vehicle the year before.
Sec. 22. Minnesota Statutes 1989 Supplement, 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. 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.
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 licenses 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 this subdivision, 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 or in close
proximity to 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. 23. Minnesota Statutes 1989 Supplement, 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 176.101 176.106 or 176.239.
Sec. 24. Minnesota Statutes 1988, section 197.55, is
amended to read:
197.55 [QUARTERS FOR MEETINGS OF VETERANS ORGANIZATIONS.]
The governor of this state, or any other legal custodian of
public buildings within the state, shall, when not inconsistent
with the public interests to, set aside any portion of the
public buildings for the use and occupation as quarters and
places for holding their stated or special meetings or
assemblies, to all posts of the grand army of the republic,
commanderies of the loyal legion, camps or posts of the veterans
of the Philippine or Spanish-American wars, and any other post,
commandery, camp or association, local or state, of veterans of
any war in which the United States has been engaged, which may
be organized in the city, town or county in which the building
or buildings may be situated. Upon 20 days written notice, duly
served upon the proper officer or officers of any said
organizations, by the governor or any other legal custodian,
that the public buildings, rooms, or quarters are required for
public use, the same shall be promptly and quietly vacated.
Sec. 25. Minnesota Statutes 1989 Supplement, section
204C.361, is amended to read:
204C.361 [RULES FOR RECOUNTS.]
The secretary of state shall adopt rules according to the
Administrative Procedures Act establishing uniform recount
procedures. All recounts provided for by sections 204C.35,
204C.36, and 206.57, subdivision 1 206.88, shall be conducted in
accordance with these rules.
Sec. 26. [REPEALER; PACKING HOUSE CERTIFICATES.]
Minnesota Statutes 1989 Supplement, sections 226.01,
226.02, 226.03, 226.04, 226.05, and 226.06, are repealed.
Sec. 27. Minnesota Statutes 1988, section 232.21,
subdivision 7, is amended to read:
Subd. 7. [GRAIN.] "Grain" means any cereal grain,
course coarse grain, or oilseed in unprocessed form for which a
standard has been established by the United States Secretary of
Agriculture or the Minnesota board of grain standards, dry
edible beans, or agricultural crops designated by the
commissioner by rule.
Sec. 28. Minnesota Statutes Second 1989 Supplement,
section 245A.14, subdivision 6, is amended to read:
Subd. 6. [DROP-IN CHILD CARE PROGRAMS.] Except as
expressly set forth in this subdivision, drop-in child care
programs must be licensed as a drop-in program under the rules
governing child care programs operated in a center. Drop-in
child care programs are exempt from the requirements in
Minnesota Rules, parts 9503.0040; 9503.0045, subpart 1, items F
and G; 9503.0050, subpart 6, except for children less than 2-1/2
years old; one-half the requirements of 9503.0060, subpart 4,
item A, subitems (2), (5), and (8), subpart 5, item A, subitems
(2), (3), and (7), and subpart 6, item A, subitems (3) and (6);
9507.0070 9503.0070; and 9503.0090, subpart 2. A drop-in child
care program must be operated under the supervision of a person
qualified as a director and a teacher. A drop-in child care
program must maintain a minimum staff ratio for children age
2-1/2 or greater of one staff person for each ten children,
except that there must be at least two persons on staff whenever
the program is operating. If the program has additional staff
who are on call as a mandatory condition of their employment,
the minimum ratio may be exceeded only for children age 2-1/2 or
greater, by a maximum of four children, for no more than 20
minutes while additional staff are in transit. The minimum
staff-to-child ratio for infants up to 16 months of age is one
staff person for every four infants. The minimum staff-to-child
ratio for children age 17 months to 30 months is one staff for
every seven children. In drop-in care programs that serve both
infants and older children, children up to age 2-1/2 may be
supervised by assistant teachers, as long as other staff are
present in appropriate ratios. The minimum staff distribution
pattern for a drop-in child care program serving children age
2-1/2 or greater is: the first staff member must be a teacher;
the second, third, and fourth staff members must have at least
the qualifications of a child care aide; the fifth staff member
must have at least the qualifications of an assistant teacher;
the sixth, seventh, and eighth staff members must have at least
the qualifications of a child care aide; and the ninth staff
person must have at least the qualifications of an assistant
teacher. The commissioner by rule may require that a drop-in
child care program serving children less than 2-1/2 years of age
serve these children in an area separated from older children
and may permit children age 2-1/2 and older to be cared for in
the same child care group.
Sec. 29. Minnesota Statutes 1988, section 256B.69,
subdivision 6, is amended to read:
Subd. 6. [SERVICE DELIVERY.] (a) Each demonstration
provider shall be responsible for the health care coordination
for eligible individuals. Demonstration providers:
(1) shall authorize and arrange for the provision of all
needed health services including but not limited to the full
range of services listed in sections 256B.02, subdivision 8, and
256B.0625 in order to ensure appropriate health care is
delivered to enrollees;
(2) shall accept the prospective, per capita payment from
the commissioner in return for the provision of comprehensive
and coordinated health care services for eligible individuals
enrolled in the program;
(3) may contract with other health care and social service
practitioners to provide services to enrollees; and
(4) shall institute recipient grievance procedures
according to the method established by the project, utilizing
applicable requirements of chapter 62D. Disputes not resolved
through this process shall be appealable to the commissioner as
provided in subdivision 11.
(b) Demonstration providers must comply with the standards
for claims settlement under section 72A.201, subdivisions 4, 5,
7, and 8, when contracting with other health care and social
service practitioners to provide services to enrollees. A
demonstration provider must pay a clean claim, as defined in
Code of Federal Regulations, title 42,
section 447.45(d) 447.45(b), within 30 business days of the date
of acceptance of the claim.
Sec. 30. Minnesota Statutes 1989 Supplement, section
256E.08, subdivision 5, is amended to read:
Subd. 5. [COMMUNITY SOCIAL SERVICES FUND.] In the accounts
and records of each county there shall be created a community
social services fund. All money provided for community social
services programs under sections 256E.06 and 256E.07 and all
other revenues; fees; grants-in-aid, including those from public
assistance programs identified in section 256E.03, subdivision
2, paragraph (b), that pay for services such as child care,
waivered services under the medical assistance programs,
alternative care grants, and other services funded by these
programs through federal or state waivers; gifts; or bequests
designated for community social services purposes shall be
identified in the record of the fund and in the report required
in subdivision 8. This fund shall be used exclusively for
planning and delivery of community social services as defined in
section 256E.03, subdivision 2. If county boards have joined
for purposes of administering community social services, the
county boards may create a joint community social services
fund. If a human service services board has been established,
the human service services board shall account for community
social services money as required in chapter 402.
Sec. 31. Minnesota Statutes 1989 Supplement, section
256H.08, is amended to read:
256H.08 [USE OF MONEY.]
Money for persons listed in sections 256H.03, subdivision
2a, and 256H.05, subdivision 1b, shall be used to reduce the
costs of child care for students, including the costs of child
care for students while employed if enrolled in an eligible
education program at the same time and making satisfactory
progress towards completion of the program. Counties may not
limit the duration of child care subsidies for a person in an
employment or educational program, except when the person is
found to be ineligible under the child care fund eligibility
standards. Any limitation must be based on a person's
employability plan in the case of an AFDC recipient, and county
policies included in the child care allocation plan.
Financially eligible students who have received child care
assistance for one academic year shall be provided child care
assistance in the following academic year if funds allocated
under sections 256H.03 and 256H.05 are available. If a student
who is receiving AFDC child care assistance under this chapter
moves to another county as specified in their employability
plan, continues to be enrolled in a post-secondary institution,
and continues to be eligible for AFDC child care assistance
under this chapter, the student must receive continued child
care assistance from their county of origin without interruption
to the limit of the county's allocation.
Sec. 32. Minnesota Statutes 1989 Supplement, section
256H.22, subdivision 2, is amended to read:
Subd. 2. [DISTRIBUTION OF FUNDS.] (a) The commissioner
shall allocate grant money appropriated for child care service
(development and resource and referral services) among the
development regions designated by the governor under section
462.385, as follows:
(1) 50 percent of the child care service development grant
appropriation shall be allocated to the metropolitan area; and
(2) 50 percent of the child care service development grant
appropriation shall be allocated to greater Minnesota counties.
(b) The following formulas shall be used to allocate grant
appropriations among the counties:
(1) 50 percent of the funds shall be allocated in
proportion to the ratio of children under 12 years of age in
each county to the total number of children under 12 years of
age in all counties; and
(2) 50 percent of the funds shall be allocated in
proportion to the ratio of children under 12 years of age in
each county to the number of licensed child care spaces
currently available in each county.
(c) Out of the amount allocated for each development region
and county, the commissioner shall award grants based on the
recommendation of the grant review advisory task force. In
addition, the commissioner shall award no more than 75 percent
of the money either to child care facilities for the purpose of
facility improvement or interim financing or to child care
workers for staff training expenses. The commissioner shall
award no more than 50 percent of the money for resource and
referral services to maintain or improve an existing resource
and referral program until all regions are served by resource
and referral programs.
(d) Any funds unobligated may be used by the commissioner
to award grants to proposals that received funding
recommendations by the advisory task force but were not awarded
due to insufficient funds.
Sec. 33. Minnesota Statutes 1989 Supplement, section
256H.22, subdivision 3, is amended to read:
Subd. 3. [CHILD CARE REGIONAL ADVISORY COMMITTEES.] Child
care regional advisory committees shall review and make
recommendations to the commissioner on applications for service
development grants under this section. The commissioner shall
appoint the child care regional advisory committees in each
governor's economic development regions region. People
appointed under this subdivision must represent the following
constituent groups: family child care providers, group center
providers, parent users, health services, social services,
public schools, and other citizens with demonstrated interest in
child care issues. Members of the advisory task force with a
direct financial interest in a pending grant proposal may not
provide a recommendation or participate in the ranking of that
grant proposal. Committee members may be reimbursed for their
actual travel expenses for up to six committee meetings per
year. The child care regional advisory committees shall
complete their reviews and forward their recommendations to the
commissioner by the date specified by the commissioner.
Sec. 34. Minnesota Statutes 1988, section 257.41, is
amended to read:
257.41 [FINANCIAL RESPONSIBILITY.]
Financial responsibility for any child placed pursuant to
the provisions of the interstate compact on the placement of
children shall be determined in accordance with the provisions
of article 5 thereof in the first instance. However, in the
event of partial or complete default of performance thereunder,
the provisions of sections 518.41 to 518.53 518C.01 to 518C.36
also may be invoked.
Sec. 35. Minnesota Statutes 1989 Supplement, section
260.185, subdivision 1, is amended to read:
Subdivision 1. If the court finds that the child is
delinquent, it shall enter an order making any of the following
dispositions of the case which are deemed necessary to the
rehabilitation of the child:
(a) Counsel the child or the parents, guardian, or
custodian;
(b) Place the child under the supervision of a probation
officer or other suitable person in the child's own home under
conditions prescribed by the court including reasonable rules
for the child's conduct and the conduct of the child's parents,
guardian, or custodian, designed for the physical, mental, and
moral well-being and behavior of the child, or with the consent
of the commissioner of corrections, in a group foster care
facility which is under the management and supervision of said
commissioner;
(c) Subject to the supervision of the court, transfer legal
custody of the child to one of the following:
(1) a child placing agency; or
(2) the county welfare board; or
(3) a reputable individual of good moral character. No
person may receive custody of two or more unrelated children
unless licensed as a residential facility pursuant to sections
245.781 to 245.812; or
(4) a county home school, if the county maintains a home
school or enters into an agreement with a county home school; or
(5) a county probation officer for placement in a group
foster home established under the direction of the juvenile
court and licensed pursuant to section 241.021;
(d) Transfer legal custody by commitment to the
commissioner of corrections;
(e) If the child is found to have violated a state or local
law or ordinance which has resulted in damage to the person or
property of another, the court may order the child to make
reasonable restitution for such damage;
(f) Require the child to pay a fine of up to $700; the
court shall order payment of the fine in accordance with a time
payment schedule which shall not impose an undue financial
hardship on the child;
(g) If the child is in need of special treatment and care
for reasons of physical or mental health, the court may order
the child's parent, guardian, or custodian to provide it. If
the parent, guardian, or custodian fails to provide this
treatment or care, the court may order it provided;
(h) If the court believes that it is in the best interests
of the child and of public safety that the driver's license of
the child be canceled until the child's 18th birthday, the court
may recommend to the commissioner of public safety the
cancellation of the child's license for any period up to the
child's 18th birthday, and the commissioner is hereby authorized
to cancel such license without a hearing. At any time before
the termination of the period of cancellation, the court may,
for good cause, recommend to the commissioner of public safety
that the child be authorized to apply for a new license, and the
commissioner may so authorize.
If the child is petitioned and found by the court to have
committed or attempted to commit an act in violation of section
609.342, 609.343, 609.344, or 609.345, the court shall order an
independent professional assessment of the child's need for sex
offender treatment. An assessor providing an assessment for the
court may not have any direct or shared financial interest or
referral relationship resulting in shared financial gain with a
treatment provider. If the assessment indicates that the child
is in need of and amenable to sex offender treatment, the court
shall include in its disposition order a requirement that the
child undergo treatment.
Any order for a disposition authorized under this section
shall contain written findings of fact to support the
disposition ordered, and shall also set forth in writing the
following information:
(a) why the best interests of the child are served by the
disposition ordered; and
(b) what alternative dispositions were considered by the
court and why such dispositions were not appropriate in the
instant case.
Sec. 36. Minnesota Statutes 1988, section 273.1315, is
amended to read:
273.1315 [CERTIFICATION OF 1B PROPERTY.]
Any property owner seeking classification and assessment of
the owner's homestead as class 1b property pursuant to section
273.13, subdivision 22, paragraph (b), clause (2) or (3), shall
file with the commissioner of revenue for each assessment year a
1b homestead declaration, on a form prescribed by the
commissioner. The declaration shall contain the following
information:
(a) the information necessary to verify that the property
owner or the owner's spouse satisfies the requirements of
section 273.13, subdivision 22, paragraph (b), clause (2) or
(3), for 1b classification;
(b) the property owner's household income, as defined in
section 290A.03, for the previous calendar year; and
(c) any additional information prescribed by the
commissioner.
The declaration shall be filed on or before March 1 of each
year to be effective for property taxes payable during the
succeeding calendar year. The declaration and any supplementary
information received from the property owner pursuant to this
section shall be subject to section 290A.17 chapter 270B.
The commissioner shall provide to the assessor on or before
April 1 a listing of the parcels of property qualifying for 1b
classification.
Sec. 37. Minnesota Statutes Second 1989 Supplement,
section 275.50, subdivision 5, is amended to read:
Subd. 5. Notwithstanding any other law to the contrary for
taxes levied in 1989 payable in 1990 and subsequent years,
"special levies" means those portions of ad valorem taxes levied
by governmental subdivisions to:
(a) for taxes levied in 1990, payable in 1991 and
subsequent years, pay the costs not reimbursed by the state or
federal government, of payments made to or on behalf of
recipients of aid under any public assistance program authorized
by law, and the costs of purchase or delivery of social
services. The aggregate amounts levied under this clause for
the costs of purchase or delivery of social services and income
maintenance programs, other than those identified in section
273.1398, subdivision 1, paragraph (i), are subject to a maximum
increase over the amount levied for the previous year of 12
percent for counties within the metropolitan area as defined in
section 473.121, subdivision 2, or counties outside the
metropolitan area but containing a city of the first class, and
15 percent for other counties. For purposes of this clause,
"income maintenance programs" include income maintenance
programs in section 273.1398, subdivision 1, paragraph (i), to
the extent the county provides benefits under those programs
over the statutory mandated standards. Effective with taxes
levied in 1990, the portion of this special levy for human
service programs identified in section 273.1398, subdivision 1,
paragraph (i), is eliminated;
(b) pay the costs of principal and interest on bonded
indebtedness except on bonded indebtedness issued under section
471.981, subdivisions 4 to 4c, or to reimburse for the amount of
liquor store revenues used to pay the principal and interest due
in the year preceding the year for which the levy limit is
calculated on municipal liquor store bonds;
(c) pay the costs of principal and interest on certificates
of indebtedness, except tax anticipation or aid anticipation
certificates of indebtedness, issued for any corporate purpose
except current expenses or funding an insufficiency in receipts
from taxes or other sources or funding extraordinary
expenditures resulting from a public emergency; and to pay the
cost for certificates of indebtedness issued pursuant to
sections 298.28 and 298.282;
(d) fund the payments made to the Minnesota state armory
building commission pursuant to section 193.145, subdivision 2,
to retire the principal and interest on armory construction
bonds;
(e) provide for the bonded indebtedness portion of payments
made to another political subdivision of the state of Minnesota;
(f) pay the amounts required, in accordance with section
275.075, to correct for a county auditor's error of omission but
only to the extent that when added to the preceding year's levy
it is not in excess of an applicable statutory, special law or
charter limitation, or the limitation imposed on the
governmental subdivision by sections 275.50 to 275.56 in the
preceding levy year;
(g) pay amounts required to correct for an error of
omission in the levy certified to the appropriate county auditor
or auditors by the governing body of a city or town with
statutory city powers in a levy year, but only to the extent
that when added to the preceding year's levy it is not in excess
of an applicable statutory, special law or charter limitation,
or the limitation imposed on the governmental subdivision by
sections 275.50 to 275.56 in the preceding levy year;
(h) pay amounts required by law to be paid to pay the
interest on and to reduce the unfunded accrued liability of
public pension funds in accordance with the actuarial standards
and guidelines specified in sections 356.215 and 356.216 reduced
by 106 percent of the amount levied for that purpose in 1976,
payable in 1977. For the purpose of this special levy, the
estimated receipts expected from the state of Minnesota pursuant
to sections 69.011 to 69.031 or any other state aid expressly
intended for the support of public pension funds shall be
considered as a deduction in determining the required levy for
the normal costs of the public pension funds. No amount of
these aids shall be considered as a deduction in determining the
governmental subdivision's required levy for the reduction of
the unfunded accrued liability of public pension funds;
(i) to compensate the state for the cost of a reassessment
ordered by the commissioner of revenue pursuant to section
270.16;
(j) pay the debt service on tax increment financing revenue
bonds to the extent that revenue to pay the bonds or to maintain
reserves for the bonds is insufficient as a result of the
provisions of Laws 1988, chapter 719, article 5;
(k) pay the cost of hospital care under section 261.21;
(l) pay the unreimbursed costs incurred in the previous
year to satisfy judgments rendered against the governmental
subdivision by a court of competent jurisdiction in any tort
action, or to pay the costs of settlements out of court against
the governmental subdivision in a tort action when substantiated
by a stipulation for the dismissal of the action filed with the
court of competent jurisdiction and signed by both the plaintiff
and the legal representative of the governmental subdivision,
provided that an appeal for the unreimbursed costs under this
clause was approved by the commissioner of revenue under section
275.51, subdivision 3;
(m) pay the expenses reasonably and necessarily incurred in
preparing for or repairing the effects of natural disaster
including the occurrence or threat of widespread or severe
damage, injury, or loss of life or property resulting from
natural causes such as earthquake, fire, flood, wind storm, wave
action, oil spill, water contamination, air contamination, or
drought in accordance with standards formulated by the emergency
services division of the state department of public safety,
provided that an appeal for the expenses incurred under this
clause were approved by the commissioner of revenue under
section 275.51, subdivision 3;
(n) pay a portion of the losses in tax receipts to a city
due to tax abatements or court actions in the year preceding the
current levy year, provided that an appeal for the tax losses
was approved by the commissioner of revenue under section
275.51, subdivision 3. This special levy is limited to the
amount of the losses times the ratio of the nonspecial levies to
total levies for taxes payable in the year the abatements were
granted. County governments are not authorized to claim this
special levy;
(o) pay the operating cost of regional library services
authorized under section 134.34, subject to a maximum increase
over the previous year of the greater of (1) 103 percent
multiplied by one plus the percentage increase determined for
the governmental subdivision under section 275.51, subdivision
3h, clause (b), or (2) six percent. If a governmental
subdivision elected to include some or all of its levy for
libraries within its adjusted levy limit base in the prior year,
but elects to claim the levy as a special levy in the current
levy year, the allowable increase is determined by applying the
greater percentage determined under clause (1) or (2) to the
total amount levied for libraries in the prior levy year. After
levy year 1989, the increase must not be determined using a base
amount other than the amount that could have been levied as a
special levy in the prior year. In no event shall the special
levy be less than the minimum levy required under sections
134.33 and 134.34, subdivisions 1 and 2;
(p) pay the amount of the county building fund levy
permitted under section 373.40, subdivision 6;
(q) pay the county's share of the costs levied in 1989,
1990, and 1991 for the Minnesota cooperative soil survey under
Minnesota Statutes 1988, section 40.07, subdivision 15;
(r) for taxes levied in 1989, payable in 1990 only, pay the
cost incurred for the minimum share required by counties levying
for the first time under section 134.34 as required under
section 134.341. For taxes levied in 1990, and thereafter,
counties levying under this provision must levy under clause
(o), and their allowable increase must be determined with
reference to the amount levied in 1989 under this paragraph;
(s) for taxes levied in 1989, payable in 1990 only, provide
an amount equal to 50 percent of the estimated amount of the
reduction in aids to a county under sections 273.1398,
subdivision 2, paragraph (d), and 477A.012, subdivision 3, for
aids payable in 1990;
(t) for taxes levied in 1990 only by a county in the eighth
judicial district, provide an amount equal to the amount of the
levy, if any, that is required under Laws 1989, chapter 335,
article 3, section 54, subdivision 8;
(u) for taxes levied in 1989, payable in 1990 only, pay the
costs not reimbursed by the state or federal government:
(i) for the costs of purchase or delivery of social
services. The aggregate amounts levied under this item are
subject to a maximum increase over the amount levied in the
previous year of 12 percent for counties within the metropolitan
area as defined in section 473.121, subdivision 2, or counties
outside the metropolitan area but containing a city of the first
class, and 15 percent for other counties.
(ii) for payments made to or on behalf of recipients of aid
under any public assistance program authorized by law. The
aggregate amounts levied under this item are subject to a
maximum increase over the amount levied in the previous year of
12 percent and must be used only for the public assistance
programs; and.
If the amount levied under this paragraph (u) in 1989 is
less than the actual expenditures needed for these programs for
1990, the difference between the actual expenditures and the
amount levied may be levied in 1990 as a special levy. If the
amount levied in 1989 is greater than the actual expenditures
needed for these programs for 1990, the difference between the
amount levied and the actual expenditures shall be deducted from
the 1990 levy limit, payable in 1991; and
(v) pay an amount of up to 25 percent of the money sought
for distribution and approved under section 115A.557,
subdivision 3, paragraph (b), clause (3).
If the amount levied in 1989 is less than the actual
expenditures needed for these programs for 1990, the difference
between the actual expenditures and the amount levied may be
levied in 1990 as a special levy. If the amount levied in 1989
is greater than the actual expenditures needed for these
programs for 1990, the difference between the amount levied and
the actual expenditures shall be deducted from the 1990 levy
limit, payable in 1991.
Sec. 38. Minnesota Statutes 1988, section 333.135, is
amended to read:
333.135 [IMPROPER USE OF INSIGNIA.]
Every person who shall willfully wear the insignia or
rosette of the military order of the Loyal Legion of the United
States, or the badge or button of the Grand Army of the
Republic, the American Legion, the Veterans of Foreign Wars, the
Disabled American Veterans of the World War, or of any other
veterans' organization, or any similitude thereof; or who shall
willfully wear any badge, emblem, or insignia pertaining to the
order of Masons, Odd Fellows, Knights of Pythias, or any other
secret order or society, or any similitude thereof; or who shall
use any such badge, button, or insignia to obtain aid or
assistance, or who shall use the name of any such order or
society for gain, unless entitled to so use the same under the
constitution, bylaws, rules, and regulations of such order,
shall be guilty of a misdemeanor and shall be punished by
imprisonment in the county jail for not more than 60 days or by
a fine of not more than $50 or by both.
Sec. 39. Minnesota Statutes 1989 Supplement, section
336.2A-104, is amended to read:
336.2A-104 [LEASES SUBJECT TO OTHER STATUTES.]
(1) A lease, although subject to this article, is also
subject to any applicable:
(a) statute of the United States;
(b) certificate of title statute of this state: (list any
certificate of title statutes covering automobiles, trailers,
mobile homes, boats, farm tractors, and the like) chapters 168A
and 361A;
(c) certificate of title statute of another jurisdiction
(section 336.2A-105); or
(d) consumer protection statute of this state.
(2) In case of conflict between the provisions of this
article, other than sections 336.2A-105, 336.2A-304(3), and
336.2A-305(3), and any statute referred to in subsection (1),
the provisions of that statute control.
(3) Failure to comply with any applicable statute has only
the effect specified in the statute.
Sec. 40. Minnesota Statutes 1988, section 336.9-105, is
amended to read:
336.9-105 [DEFINITIONS AND INDEX OF DEFINITIONS.]
(1) In this article unless the context otherwise requires:
(a) "Account debtor" means the person who is obligated on
an account, chattel paper or general intangible;
(b) "Chattel paper" means a writing or writings which
evidence both a monetary obligation and a security interest in
or a lease of specific goods, but a charter or other contract
involving the use or hire of a vessel is not chattel paper.
When a transaction is evidenced both by such a security
agreement or a lease and by an instrument or a series of
instruments, the group of writings taken together constitutes
chattel paper;
(c) "Collateral" means the property subject to a security
interest, and includes accounts and chattel paper which have
been sold;
(d) "Debtor" means the person who owes payment or other
performance of the obligation secured, whether or not the person
owns or has rights in the collateral, and includes the seller of
accounts or chattel paper. Where the debtor and the owner of
the collateral are not the same person, the term "debtor" means
the owner of the collateral in any provision of the article
dealing with the collateral, the obligor in any provision
dealing with the obligation, and may include both where the
context so requires;
(e) "Deposit account" means a demand, time, savings,
passbook or like account maintained with a bank, savings and
loan association, credit union or like organization, other than
an account evidenced by a certificate of deposit;
(f) "Document" means document of title as defined in the
general definitions of article 1 (section 336.1-201) and a
receipt of the kind described in subsection (2) of section
336.7-201;
(g) "Encumbrance" includes real estate mortgages and other
liens on real estate and all other rights in real estate that
are not ownership interests.
(h) "Goods" includes all things which are movable at the
time the security interest attaches or which are fixtures
(section 336.9-313), but does not include money, documents,
instruments, accounts, chattel paper, general intangibles, or
minerals or the like (including oil and gas) before extraction.
"Goods" also include standing timber which is to be cut and
removed under a conveyance or contract for sale, the unborn
young of animals and growing crops;
(i) "Instrument" means a negotiable instrument (defined in
section 336.3-104), or a certificated security (defined in
section 336.8-102) or any other writing which evidences a right
to the payment of money and is not itself a security agreement
or lease and is of a type which is in ordinary course of
business transferred by delivery with any necessary endorsement
or assignment;
(j) "Mortgage" means a consensual interest created by a
real estate mortgage, a trust deed on real estate, or the like;
(k) An advance is made "pursuant to commitment" if the
secured party has made a binding promise to make it, whether or
not a subsequent event of default or other event not within the
secured party's control has relieved or may relieve the secured
party from the obligation.
(l) "Security agreement" means an agreement which creates
or provides for a security interest;
(m) "Secured party" means a lender, seller or other person
in whose favor there is a security interest, including a person
to whom accounts or chattel paper have been sold. When the
holders of obligations issued under an indenture of trust,
equipment trust agreement or the like are represented by a
trustee or other person, the representative is the secured
party;
(n) "Transmitting utility" means any person engaged in the
railroad, street railway or trolley bus business, the electric
or electronics communications transmission business, the
transmission of goods by pipeline, or the transmission or the
production and transmission of electricity, steam, gas or water,
or the provision of sewer service. Any person filing a
financing statement under this article and under authority of
the provisions of Minnesota Statutes 1974, Sections 300.111 to
300.115 shall be deemed a "transmitting utility" hereunder.
(2) Other definitions applying to this article and the
sections in which they appear are:
"Account," section 336.9-106.
"Attach," section 336.9-203.
"Construction mortgage," section 336.9-313(1).
"Consumer goods," section 336.9-109(1).
"Equipment," section 336.9-109(2).
"Farm products," section 336.9-109(3).
"Fixture," section 336.9-313.
"Fixture filing," section 336.9-313.
"General intangibles," section 336.9-106.
"Inventory," section 336.9-109(4).
"Lien creditor," section 336.9-301(3).
"Motor vehicle," section 336.9-401(5) 336.9-401(7).
"Proceeds," section 336.9-306(1).
"Purchase money security interest," section 336.9-107.
"United States," section 336.9-103.
(3) The following definitions in other articles apply to
this article:
"Check," section 336.3-104.
"Contract for sale," section 336.2-106.
"Holder in due course," section 336.3-302.
"Note," section 336.3-104.
"Sale," section 336.2-106.
(4) In addition article 1 contains general definitions and
principles of construction and interpretation applicable
throughout this article.
Sec. 41. Minnesota Statutes 1989 Supplement, 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) receivers, jurors, notaries public, and court employees
who are not in the judicial branch as defined in section 43A.02,
subdivision 25, except 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) 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;
(15) state troopers;
(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;
(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;
(18) persons described in section 352B.01, subdivision 2,
clauses (b) and (c), formerly defined as state police officers;
(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;
(20) trainees paid under budget classification number 41,
and other trainee employees, except those listed in subdivision
2a, clause (10);
(21) persons whose compensation is paid on a fee basis;
(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;
(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;
(24) chaplains and nuns who have taken a vow of poverty as
members of a religious order;
(25) labor service employees employed as a laborer 1 on an
hourly basis;
(26) examination monitors employed by departments,
agencies, commissions, and boards to conduct examinations
required by law;
(27) members of appeal tribunals, exclusive of the chair,
to which reference is made in section 268.10, subdivision 4;
(28) persons appointed to serve as members of fact-finding
commissions or adjustment panels, arbitrators, or labor referees
under chapter 179;
(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;
(30) full-time students employed by the Minnesota
historical society intermittently during part of the year and
full-time during the summer months;
(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;
(32) persons employed in positions designated by the
department of employee relations as student workers;
(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;
(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;
(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;
(36) off-duty peace officers while employed by the
metropolitan transit commission under section 629.40,
subdivision 5; and
(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. 42. Minnesota Statutes 1989 Supplement, section
352.72, subdivision 1, is amended to read:
Subdivision 1. [ENTITLEMENT TO ANNUITY.] (a) Any person
who has been an employee covered by a retirement system listed
in paragraph (b) is entitled when qualified to an annuity from
each fund if total allowable service in all funds or in any two
of these funds totals three or more years.
(b) This section applies to the Minnesota state retirement
system, the public employees retirement association including
the public employees retirement association police and
firefighters fire fund, the teachers retirement association, the
state patrol retirement association, or any other public
employee retirement system in the state with a similar
provision, except as noted in paragraph (c).
(c) This section does not apply to other funds providing
benefits for police officers or firefighters.
(d) No portion of the allowable service upon which the
retirement annuity from one fund is based shall be again used in
the computation for benefits from another fund. No refund may
have been taken from any one of these funds since service
entitling the employee to coverage under the system or the
employee's membership in any of the associations last
terminated. The annuity from each fund must be determined by
the appropriate provisions of the law except that the
requirement that a person must have at least three years
allowable service in the respective system or association does
not apply for the purposes of this section if the combined
service in two or more of these funds equals three or more years.
Sec. 43. Minnesota Statutes 1989 Supplement, section
352B.30, subdivision 1, is amended to read:
Subdivision 1. [ENTITLEMENT TO ANNUITY.] Any person who
has been an employee covered by the Minnesota state retirement
system, or a member of the public employees retirement
association including the public employees retirement
association police and firefighters' fire fund, or the teachers
retirement association, or the state patrol retirement fund, or
any other public employee retirement system in Minnesota having
a like provision but excluding all other funds providing
benefits for police or firefighters is entitled when qualified
to an annuity from each fund if total allowable service in all
funds or in any two of these funds totals three or more years.
No part of the allowable service upon which the retirement
annuity from one fund is based may again be used in the
computation for benefits from another fund. The member must not
have taken a refund from any one of these funds since service
entitling the member to coverage under the system or membership
in any of the associations last terminated. The annuity from
each fund must be determined by the appropriate law except that
the requirement that a person must have at least three years
allowable service in the respective system or association does
not apply for the purposes of this section if the combined
service in two or more of these funds equals three or more years.
Sec. 44. Minnesota Statutes 1988, section 354.66,
subdivision 7, is amended to read:
Subd. 7. Only teachers who are public employees as defined
in section 179A.03, subdivision 5 14, during the school year
preceding the period of part time employment pursuant to this
section shall qualify for full accrual of service credit from,
and employee contributions to the retirement fund for part time
teaching service pursuant to subdivision 4. Notwithstanding the
provisions of section 179A.03, subdivision 5 14, clauses (e) and
(f), teachers who are employed on a part time basis for purposes
of this section and who would therefore be disqualified from the
bargaining unit by one or both of those provisions, shall
continue to be in the bargaining unit during the period of part
time employment pursuant to this section for purposes of
compensation, fringe benefits and the grievance procedure.
Sec. 45. Minnesota Statutes 1988, section 412.701, is
amended to read:
412.701 [BUDGETING.]
The manager shall prepare the estimates for the annual
budget. The budget shall be by funds and shall include all the
funds of the city, except the funds made up of proceeds of bond
issues, utility funds, and special assessment funds, and may
include any of such funds at the discretion of the council. The
estimates of expenditures for each fund budgeted shall be
arranged for each department or division of the city under the
following heads:
(1) ordinary expenses (for operation, maintenance, and
repairs); (2) payment of principal and interest on bonds and
other fixed charges; (3) capital outlays (for new construction,
new equipment, and all improvements of a lasting character).
Ordinary expenses shall be subdivided into: (a) salaries and
wages, with a list of all salaried offices and positions,
including the salary allowance and the number of persons holding
each; (b) other expenses, with sufficient detail to be readily
understood. All increases and decreases shall be clearly shown.
In parallel columns shall be added the amounts granted and the
amounts expended under similar heads for the past two completed
fiscal years and the current fiscal year, actual to date and
estimated for the balance of the year. In addition to the
estimates of expenditures, the budget shall include for each
budgeted fund a statement of the revenues which have accrued for
the past two completed fiscal years with the amount collected
and the uncollected balances together with the same information,
based in so far as necessary on estimates, for the current
fiscal year, and an estimate of the revenues for the ensuing
fiscal year. The statement of revenues for each year shall
specify the following items: sums derived from (a) taxation,
(b) fees, (c) fines, (d) interest, (e) miscellaneous, not
included in the foregoing, (f) sales and rentals, (g) earnings
of public utilities and other public service enterprises, (h)
special assessments, and (i) sales of bonds and other
obligations. Such estimates shall be printed or typewritten and
there shall be sufficient copies for each member of the council,
for the manager, for the clerk, and three, at least, to be
posted in public places in the city. The estimates shall be
submitted to the council at its first regular monthly meeting in
September and shall be made public. The manager may submit with
the estimates such explanatory statement or statements as the
manager may deem necessary, and during the first three years of
operation under Optional Plan B the manager shall be authorized
to interpret the requirements of this section as requiring only
such comparisons of the city's finances with those of the
previous government of the city as may be feasible and pertinent.
Sec. 46. Minnesota Statutes 1988, section 412.711, is
amended to read:
412.711 [CONSIDERATION OF BUDGET; TAX LEVY.]
The budget shall be the principal item of business at the
first a regular monthly meeting of the council in September and
the council shall hold adjourned meetings from time to time
until all the estimates have been considered. The meetings
shall be so conducted as to give interested citizens a
reasonable opportunity to be heard. The budget estimates shall
be read in full and the manager shall explain the various items
thereof as fully as may be deemed necessary by the council. The
annual budget finally agreed upon shall set forth in detail the
complete financial plan of the city for the ensuing fiscal year
for the funds budgeted and shall be signed by the majority of
the council when adopted. It shall indicate the sums to be
raised and from what sources and the sums to be spent and for
what purposes according to the plan indicated in section
412.701. The total sum appropriated shall be less than the
total estimated revenue by a safe margin. The council shall
adopt the budget not later than the first day of October by a
resolution which shall set forth the total for each budgeted
fund and each department with such segregation as to objects and
purposes of expenditures as the council deems necessary for
purposes of budget control. The council shall also adopt a
resolution levying whatever taxes it considers necessary within
statutory limits for the ensuing year for each fund. The tax
levy resolution shall be certified to the county auditor in
accordance with law not later than October 10. At the beginning
of the fiscal year, the sums fixed in the budget resolution
shall be and become appropriated for the several purposes named
in the budget resolution and no other.
Sec. 47. Minnesota Statutes 1989 Supplement, section
422A.05, subdivision 2a, is amended to read:
Subd. 2a. [FIDUCIARY DUTY.] In the discharge of their
respective duties, the members of the board, the executive
director, the board staff, and any other person charged with the
responsibility of investing money pursuant to the standards set
forth in this chapter shall act in good faith and shall exercise
that degree of judgment and care, under circumstances then
prevailing, which persons of prudence, discretion, and
intelligence exercise in the management of their own affairs,
not for speculation, but for investment, considering the
probable safety of their capital as well as the probable income
to be derived therefrom. In addition, the members of the board
and the chief administrative officer shall act in a manner
consistent with Laws 1989, chapter 319, article 1 chapter 356A.
Sec. 48. Minnesota Statutes 1988, section 459.07, is
amended to read:
459.07 [CITIES MAY ESTABLISH MUNICIPAL FOREST.]
Any city of the first class operating under the
Constitution of the state of Minnesota, article IV, section 36,
by resolution of the governing body thereof, may purchase or
obtain by condemnation proceedings, any tract or tracts of land
bordering any lake, for a municipal forest and manage the same
on forestry principles and may reserve any part of such land for
use as a public bathing beach. The selection of such lands and
the plans of management thereof, shall have the approval of the
director of lands and forestry.
Sec. 49. Minnesota Statutes 1989 Supplement, 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, and 475.71. All
tax increments received by the city pursuant to Minnesota
Statutes 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. 50. Minnesota Statutes 1988, section 469.155,
subdivision 12, is amended to read:
Subd. 12. [REFUNDING.] It may issue revenue bonds to
refund, in whole or in part, bonds previously issued by the
municipality or redevelopment agency under authority of sections
469.152 to 469.165, and interest on them. The municipality may
issue revenue bonds to refund, in whole or in part, bonds
previously issued by any other municipality or redevelopment
agency on behalf of an organization described in section
501(c)(3) of the Internal Revenue Code of 1986, as amended
through December 31, 1986, under authority of sections 474.01 to
474.13 469.152 to 469.155, and interest on them, but only with
the consent of the original issuer of such bonds. The
municipality may issue and sell warrants which give to their
holders the right to purchase refunding bonds issuable under
this subdivision prior to a stipulated date. The warrants are
not required to be sold at public sale and all or any agreed
portion of the proceeds of the warrants may be paid to the
contracting party under the revenue agreement required by
subdivision 5 or to its designee under the conditions the
municipality shall agree upon. Warrants shall not be issued
which obligate a municipality to issue refunding bonds that are
or will be subject to federal tax law as defined in section
474A.02, subdivision 8. The warrants may provide a stipulated
exercise price or a price that depends on the tax exempt status
of interest on the refunding bonds at the time of issuance. The
average interest rate on refunding bonds issued to refund fixed
rate bonds shall not exceed the average interest rate on fixed
rate bonds to be refunded. The municipality may appoint a bank
or trust company to serve as agent for the warrant holders and
enter into agreements deemed necessary or incidental to the
issuance of the warrants.
Sec. 51. Minnesota Statutes 1988, section 481.12, is
amended to read:
481.12 [DISABILITY; SUBSTITUTION.]
When the sole attorney of a party to any action or
proceeding in any court of record dies, becomes insane, or is
removed or suspended, the party for whom the attorney appears
shall appoint another attorney within ten days after the
disability arises, and give immediate written notice of the
substitution to the adverse party. If the party fail fails to
make substitution within such time, the adverse party, at least
20 days before taking further proceedings against the party,
shall give the party written notice to appoint another attorney.
When, for any reason, the attorney for a party ceases to act,
and the party has no known residence within the state, such
notice may be served upon the court administrator. In case such
party fails either to comply with the notice or appear in person
within 30 days, the party shall not be entitled to notice of
subsequent proceedings in the case.
Sec. 52. Minnesota Statutes 1989 Supplement, section
501B.61, subdivision 1, is amended to read:
Subdivision 1. [INCOME DEFINED.] "Income" means the return
in money or property derived from the use of principal,
including return received as:
(1) rent of real or personal property, including sums
received for cancellation or renewal of a lease;
(2) interest on money lent, including sums received as
consideration for the privilege of prepayment of principal,
except as provided in section 501B.65 on bond premium and bond
discount;
(3) income earned during administration of a decedent's
estate as provided in section 501B.63;
(4) corporate distributions as provided in this section
501B.64;
(5) accrued increment on bonds or other obligations issued
at discount as provided in section 501B.65;
(6) receipts from business and farming operations as
provided in section 501B.66;
(7) receipts from disposition of natural resources as
provided in sections 501B.67 and 501B.68;
(8) receipts from other principal subject to depletion as
provided in section 501B.69; and
(9) receipts from disposition of underproductive property
as provided in section 501B.70.
Sec. 53. Minnesota Statutes 1989 Supplement, section
563.01, subdivision 3, is amended to read:
Subd. 3. Any court of the state of Minnesota or any
political subdivision thereof may authorize the commencement or
defense of any civil action, or appeal therein, without
prepayment of fees, costs and security for costs by a natural
person who makes affidavit stating (a) the nature of the action,
defense or appeal, (b) a belief that affiant is entitled to
redress, and (c) that affiant is financially unable to pay the
fees, costs and security for costs. Upon a finding by the court
that the action is not of a frivolous nature, the court shall
allow the person to proceed in forma pauperis if the affidavit
is substantially in the language required by this subdivision
and is not found by the court to be untrue. Persons meeting the
requirements of this subdivision include, but are not limited
to, a person who is receiving public assistance, who is
represented by an attorney on behalf of a civil legal services
program or a volunteer attorney program based on indigency, or
who has an annual income not greater than 125 percent of the
poverty line established under United States Code, title 42,
section 9909(2) 9902(2).
Sec. 54. Minnesota Statutes 1989 Supplement, section
609.605, subdivision 3, is amended to read:
Subd. 3. [TRESPASSES MOTIVATED BY BIAS.] Whoever commits
an act described in subdivision 1, clause (13) (7), because of
the property owner's or another's actual or perceived race,
color, religion, sex, sexual orientation, disability as defined
in section 363.01, age, or national origin may be sentenced to
imprisonment for not more than one year or to payment of a fine
of not more than $3,000, or both.
Sec. 55. Minnesota Statutes 1988, section 626.556,
subdivision 10c, is amended to read:
Subd. 10c. [DUTIES OF THE LOCAL SOCIAL SERVICE AGENCY UPON
RECEIPT OF A REPORT OF MEDICAL NEGLECT.] If the report alleges
medical neglect as defined in section 260.015, subdivision 10,
clause (e) 2a, clause (5), the local welfare agency shall, in
addition to its other duties under this section, immediately
consult with designated hospital staff and with the parents of
the infant to verify that appropriate nutrition, hydration, and
medication are being provided; and shall immediately secure an
independent medical review of the infant's medical charts and
records and, if necessary, seek a court order for an independent
medical examination of the infant. If the review or examination
leads to a conclusion of medical neglect, the agency shall
intervene on behalf of the infant by initiating legal
proceedings under section 260.131 and by filing an expedited
motion to prevent the withholding of medically indicated
treatment.
Sec. 56. Laws 1989, chapter 332, section 3, subdivision 3,
is amended to read:
Subd. 3. [LACK OF FEDERAL FUNDING.] If the funds to be
provided by the federal government are not approved by December
1, 1989, the future authorization of the siting of a veterans
nursing care facility in Luverne must be considered in the study
provided by section 3 2. If the need for a veterans home is
found to exist in southwest Minnesota, the site of the home must
be in Luverne.
ARTICLE 2
OBSOLETE REFERENCES
Section 1. [REVISOR INSTRUCTION.]
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
14.115, subd. 7 16.085 16B.22
84.92, subd. 1 84.9291 84.929
116.07, subd. 4 17.716 18C.215
116O.06, subd. 1 116O.011 116O.11
124.19, subd. 5 129B.47 129B.46
144.761, subd. 5 144.8092 144.8091
144A.46, subd. 3 14.70 14.69
145A.07, subd. 1 144.388 144.387
168.041, subd. 4a 14.70 14.69
168A.05, subd. 5 325F.6442 325F.6642
256.736, subd. 11 268.91 256H.01 to
256H.19
256D.01, subd. 1b 256I.07 256I.06
256D.35, subd. 14 256I.07 256I.06
256D.36, subd. 1a 256I.07 256I.06
257.071, subd. 7 257.357 257.3579
257.354, subd. 4 257.357 257.3579
268.04, subd. 25 268.24 268.231
275.125, subd. 8e 122.96 122.95
349.214, subd. 2 349.171 349.18
366.09 366.06 366.01, subd. 4
and 366.07
501B.61, subd. 2 501.69 501B.69
609.4975, subds. 1 sections 626A.01 chapter 626A
and 2 to 626A.23
626A.04 sections 626A.01 chapter 626A
to 626A.23
626A.06, subd. 4a sections 626A.01 chapter 626A
to 626A.23
626A.065 sections 626A.01 chapter 626A
to 626A.23
626A.11, subds. 1 sections 626A.01 chapter 626A
and 4 to 626A.23
626A.12, subd. 1 sections 626A.01 chapter 626A
to 626A.23
Sec. 2. Minnesota Statutes 1989 Supplement, section
62A.045, is amended to read:
62A.045 [PAYMENTS ON BEHALF OF WELFARE RECIPIENTS.]
No policy of accident and sickness insurance regulated
under this chapter; vendor of risk management services regulated
under section 60A.23; nonprofit health service plan corporation
regulated under chapter 62C; health maintenance organization
regulated under chapter 62D; or self-insured plan regulated
under chapter 62E shall contain any provision denying or
reducing benefits because services are rendered to a person who
is eligible for or receiving medical benefits pursuant to
chapter 256B or 256D or services pursuant to section 252.27;
256.936; 260.251, subdivision 1a; 261.27; or 393.07, subdivision
1 or 2.
Notwithstanding any law to the contrary, when a person
covered under a policy of accident and sickness insurance, risk
management plan, nonprofit health service plan, health
maintenance organization, or self-insured plan receives medical
benefits according to any statute listed in this section,
payment for covered services or notice of denial for services
billed by the provider must be issued directly to the provider.
If a person was receiving medical benefits through the
department of human services at the time a service was provided,
the provider must indicate this benefit coverage on any claim
forms submitted by the provider to the insurer for those
services. If the commissioner of human services notifies the
insurer that the commissioner has made payments to the provider,
payment for benefits or notices of denials issued by the insurer
must be issued directly to the commissioner. Submission by the
department to the insurer of the claim on a department of human
services claim form is proper notice and shall be considered
proof of payment of the claim to the provider and supersedes any
contract requirements of the insurer relating to the form of
submission. Liability to the insured for coverage is satisfied
to the extent that payments for those benefits are made by the
insurer to the provider or the commissioner.
Sec. 3. Minnesota Statutes 1988, section 62C.141, is
amended to read:
62C.141 [PAYMENTS TO WELFARE RECIPIENTS.]
No service plan corporation shall deliver, issue for
delivery, or renew any subscriber's contract which contains any
provision denying or reducing benefits because services are
rendered to a subscriber or dependent who is eligible for or
receiving medical assistance pursuant to chapter 256B or
services pursuant to sections 252.27; 260.251, subdivision 1a;
261.27; or 393.07, subdivision 1 or 2.
Sec. 4. Minnesota Statutes Second 1989 Supplement, section
121.904, subdivision 4a, is amended to read:
Subd. 4a. [LEVY RECOGNITION.] (a) "School district tax
settlement revenue" means the current, delinquent, and
manufactured home property tax receipts collected by the county
and distributed to the school district, including distributions
made pursuant to section 279.37, subdivision 7, and excluding
the amount levied pursuant to sections 124.2721, subdivision 3;
124.575, subdivision 3; and 275.125, subdivision 9a; and Laws
1976, chapter 20, section 4.
(b) In June of each year, the school district shall
recognize as revenue, in the fund for which the levy was made,
the lesser of:
(1) the June and July school district tax settlement
revenue received in that calendar year; or
(2) the sum of the state aids and credits enumerated in
section 124.155, subdivision 2, which are for the fiscal year
payable in that fiscal year plus 31.0 percent of the amount of
the levy certified in the prior calendar year according to
section 124A.03, subdivision 2, plus or minus auditor's
adjustments, not including levy portions that are assumed by the
state; or
(3) 31.0 percent of the amount of the levy certified in the
prior calendar year, plus or minus auditor's adjustments, not
including levy portions that are assumed by the state, which
remains after subtracting, by fund, the amounts levied for the
following purposes:
(i) reducing or eliminating projected deficits in the
reserved fund balance accounts for unemployment insurance and
bus purchases;
(ii) statutory operating debt pursuant to section 275.125,
subdivision 9a, and Laws 1976, chapter 20, section 4; and
(iii) retirement and severance pay pursuant to sections
124.4945 and 275.125, subdivision 6a, and Laws 1975, chapter
261, section 4; and
(iv) amounts levied for bonds issued and interest thereon,
amounts levied for debt service loans and capital loans, amounts
levied for down payments under section 124.82, subdivision 3,
amounts levied for education district bonds under section
122.96, subdivision 5, and amounts levied pursuant to section
275.125, subdivision 14a.
(c) In July of each year, the school district shall
recognize as revenue that portion of the school district tax
settlement revenue received in that calendar year and not
recognized as revenue for the previous fiscal year pursuant to
clause (b).
(d) All other school district tax settlement revenue shall
be recognized as revenue in the fiscal year of the settlement.
Portions of the school district levy assumed by the state,
including prior year adjustments and the amount to fund the
school portion of the reimbursement made pursuant to section
273.425, shall be recognized as revenue in the fiscal year
beginning in the calendar year for which the levy is payable.
Sec. 5. Minnesota Statutes 1989 Supplement, section
236.02, subdivision 7, is amended to read:
Subd. 7. [SINGLE BOND.] A person who is granted a grain
bank license at more than one location may, with the
department's approval, file one bond covering all locations in a
total amount the department requires under sections 236.01 to
236.09 and rules made under sections 236.01 to 236.09. A
person, firm, or corporation licensed as a public local grain
warehouse operator and bonded under section 232.13 232.22 may
include liability for outstanding nonnegotiable grain bank
receipts under the coverage of that bond in lieu of securing a
separate grain bank bond under this section.
Sec. 6. Minnesota Statutes 1989 Supplement, section
245.462, subdivision 4, is amended to read:
Subd. 4. [CASE MANAGER.] "Case manager" means an
individual employed by the county or other entity authorized by
the county board to provide case management services specified
in sections 245.471 and 245.475 section 245.4711. A case
manager must have a bachelor's degree in one of the behavioral
sciences or related fields from an accredited college or
university and have at least 2,000 hours of supervised
experience in the delivery of services to adults with mental
illness, must be skilled in the process of identifying and
assessing a wide range of client needs, and must be
knowledgeable about local community resources and how to use
those resources for the benefit of the client. The case manager
shall meet in person with a mental health professional at least
once each month to obtain clinical supervision of the case
manager's activities. Case managers with a bachelor's degree
but without 2,000 hours of supervised experience in the delivery
of services to adults with mental illness must complete 40 hours
of training approved by the commissioner of human services in
case management skills and in the characteristics and needs of
adults with serious and persistent mental illness and must
receive clinical supervision regarding individual service
delivery from a mental health professional at least once each
week until the requirement of 2,000 hours of supervised
experience is met. Clinical supervision must be documented in
the client record.
Until June 30, 1991, a refugee who does not have the
qualifications specified in this subdivision may provide case
management services to adult refugees with serious and
persistent mental illness who are members of the same ethnic
group as the case manager if the person: (1) is actively
pursuing credits toward the completion of a bachelor's degree in
one of the behavioral sciences or a related field from an
accredited college or university; (2) completes 40 hours of
training as specified in this subdivision; and (3) receives
clinical supervision at least once a week until the requirements
of obtaining a bachelor's degree and 2,000 hours of supervised
experience are met.
Sec. 7. Minnesota Statutes 1989 Supplement, section
270B.12, subdivision 7, is amended to read:
Subd. 7. [LOTTERY DIVISION.] (a) The commissioner of
revenue may disclose to the lottery the amount of delinquent
state taxes, or debt as defined in section 270.03 270A.03,
subdivision 5, of a winner of a lottery prize of $1,000 or more,
to the extent necessary to administer section 349A.08,
subdivision 8.
(b) The commissioner of revenue may disclose to the lottery
division that a retailer owes $500 or more in delinquent taxes
as defined in section 270.72, to the extent necessary to
administer section 349A.06, subdivision 2.
Sec. 8. Minnesota Statutes 1989 Supplement, section
273.119, subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY; AMOUNT OF CREDIT.] Land
located in an agricultural preserve created under chapter 40A is
eligible for a property tax credit of $1.50 per acre. To begin
to qualify for the tax credit, the owner shall file with the
county by January 2 of any year an application for an
agricultural preserve restrictive covenant pursuant to section
40A.10, subdivision 1. An owner who has given notice of
termination of the exclusive agricultural use zone under section
40A.11, subdivision 2, is not eligible for the credit. The
assessor shall indicate the amount of the property tax reduction
on the property tax statement of each taxpayer receiving a
credit under this section. The credit paid pursuant to this
section shall be deducted from the tax due on the property
before computation of the homestead credit paid pursuant to
section 273.13 and the state agricultural credit paid pursuant
to as provided in section 124.2137 273.1393.
Sec. 9. Minnesota Statutes 1989 Supplement, section
273.124, subdivision 13, is amended to read:
Subd. 13. [SOCIAL SECURITY NUMBER REQUIRED FOR HOMESTEAD
APPLICATION.] Every property owner applying for homestead
classification must furnish to the county assessor that owner's
social security number. If the social security number is not
provided, the county assessor shall classify the property as
nonhomestead. The social security numbers of the property
owners are private data on individuals as defined by section
13.02, subdivision 12, but, notwithstanding that section, the
private data may be disclosed to the commissioner of revenue.
At the request of the commissioner, each county must give
the commissioner a list that includes the name and social
security number of each property owner applying for homestead
classification.
If, in comparing the lists supplied by the counties, the
commissioner finds that a property owner is claiming more than
one homestead, the commissioner shall notify the appropriate
counties. Within 90 days of the notification, the county
assessor shall investigate to determine if the homestead
classification was properly claimed. If the property owner does
not qualify, the county assessor shall notify the county auditor
who will determine the amount of homestead benefits that had
been improperly allowed. For the purpose of this section,
"homestead benefits" means the tax reduction resulting from the
classification as a homestead under section 273.13, the
homestead credit under section 273.13 for taxes payable in 1989
and under section 273.1398 for taxes payable in 1990 and
thereafter, the taconite homestead credit, and the supplemental
homestead credit, and the tax reduction resulting from the
agricultural credit under section 273.132 for taxes payable in
1989 and under section 273.1398 for taxes payable in 1990 and
thereafter. The county auditor shall send a notice to the
owners of the affected property, demanding reimbursement of the
homestead benefits plus a penalty equal to 25 percent of the
homestead benefits. The property owners may appeal the county's
determination by filing a notice of appeal with the Minnesota
tax court within 60 days of the date of the notice from the
county.
If the amount of homestead benefits and penalty is not paid
within 60 days, and if no appeal has been filed, the county
auditor shall certify the amount to the succeeding year's tax
list to be collected as part of the property taxes.
Any amount of homestead benefits recovered from the
property owner must be transmitted to the commissioner by the
end of each calendar quarter. Any amount recovered attributable
to taconite homestead credit shall be transmitted to the St.
Louis county auditor to be deposited in the taconite property
tax relief account. The amount of penalty collected must be
deposited in the county general fund.
The commissioner will provide suggested homestead
applications to each county. If a property owner has applied
for more than one homestead and the county assessors cannot
determine which property should be classified as homestead, the
county assessors will refer the information to the commissioner.
The commissioner shall make the determination and notify the
counties within 60 days.
In addition to lists of homestead properties, the
commissioner may ask the counties to furnish lists of all
properties and the record owners.
Sec. 10. Minnesota Statutes 1989 Supplement, section
319A.20, is amended to read:
319A.20 [SUSPENSION OR REVOCATION.]
The corporate charter of a professional corporation or the
certificate of authority of a foreign professional corporation
may be suspended or revoked pursuant to section 301.57,
302A.757, or 317A.751 for the reasons enumerated therein or for
failure to comply with the provisions of sections 319A.01 to
319A.22 or the rules of any board. A board through the attorney
general may institute such suspension or revocation proceedings.
Sec. 11. Minnesota Statutes 1989 Supplement, section
383D.41, subdivision 1, is amended to read:
Subdivision 1. There is hereby created in Dakota county a
public body corporate and politic, to be known as the Dakota
county housing and redevelopment authority, having all of the
powers and duties of a housing and redevelopment authority under
the provisions of the municipal housing and redevelopment act,
sections 462.411 to 462.711, and acts amendatory thereof 469.001
to 469.047; which act applies to the county of Dakota. For the
purposes of applying the provisions of the municipal housing and
redevelopment act to Dakota county, the county has all of the
powers and duties of a municipality, the county board has all of
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.
Sec. 12. Minnesota Statutes 1989 Supplement, section
383D.41, subdivision 2, is amended to read:
Subd. 2. This section shall not limit or restrict any
existing housing and redevelopment authority or prevent a
municipality from creating an authority. The county shall not
exercise jurisdiction in any municipality where a municipal
housing and redevelopment authority is established. A municipal
housing and redevelopment authority may request the Dakota
county housing and redevelopment authority to handle the housing
duties of the authority and, in such an event, the Dakota county
housing and redevelopment authority shall act and have exclusive
jurisdiction for housing in the municipality pursuant to the
provisions of the municipal housing and redevelopment act,
sections 462.411 to 462.711, and acts amendatory thereof 469.001
to 469.047. A transfer of duties relating to housing shall not
transfer any duties relating to redevelopment.
Presented to the governor April 9, 1990
Signed by the governor April 12, 1990, 10:49 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes