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Minnesota Session Laws - 1991, Regular Session

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1991 

                        CHAPTER 199-S.F.No. 1053 
           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          conflicting, and superseded provisions; making 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 1990, sections 
          3C.04, subdivision 3; 14.47, subdivision 5; 15.39, 
          subdivision 2; 15.45, subdivision 1; 16B.06, 
          subdivision 2a; 16B.19, subdivision 2b; 16B.21, 
          subdivision 1; 16B.405, subdivision 2; 18B.05, 
          subdivision 1; 27.138, subdivision 4; 41A.066, 
          subdivision 1; 60A.13, subdivision 3a; 60B.25; 62E.19, 
          subdivision 1; 84B.09; 86B.415, subdivision 1; 89.37, 
          subdivision 4; 97A.101, subdivision 2; 103A.405; 
          103B.211, subdivision 4; 103F.215, subdivision 1; 
          103G.545, subdivision 2; 115A.06, subdivision 4; 
          115B.25, subdivision 4; 115B.26, subdivisions 1 and 4; 
          115B.30, subdivision 1; 115B.31; 115B.32, subdivision 
          1; 115B.33, subdivision 1; 115B.34; 115B.36; 115C.08, 
          subdivision 5; 115D.02; 116.733; 116J.68, subdivision 
          2; 121.88, subdivision 5; 124.195, subdivision 9; 
          124.225, subdivision 8l; 124.245, subdivision 6; 
          124A.036, subdivision 5; 125.032, subdivision 2; 
          126.036; 126.071, subdivision 1; 127.19; 136.82, 
          subdivision 1; 144.49, subdivision 8; 144.804, 
          subdivision 1; 144.8097, subdivision 2; 144A.29, 
          subdivisions 2 and 3; 147.01, subdivision 1; 148.03; 
          148.52; 148.90, subdivision 3; 150A.02, subdivision 1; 
          151.03; 152.022, subdivision 1; 152.023, subdivision 
          2; 153.02; 154.22; 156.01; 161.17, subdivision 2; 
          168.325, subdivision 3; 222.63, subdivision 4; 
          237.161, subdivision 1; 256.035, subdivision 8; 
          256B.059, subdivision 4; 268.38, subdivision 12; 
          270.42; 273.1392; 273.1398, subdivision 5a; 275.065, 
          subdivision 1; 275.50, subdivision 5; 290A.04, 
          subdivision 2h; 297A.25, subdivision 8; 298.17; 
          299A.24, subdivision 1; 299A.41, subdivision 1; 
          299F.361, subdivision 1; 299F.451, subdivision 1; 
          299F.72, subdivision 1; 317A.021, subdivision 7; 
          325E.045, subdivision 1; 326.04; 341.01; 354A.094, 
          subdivision 7; 356.215, subdivision 4d; 356.216; 
          384.14; 386.63, subdivision 1; 400.03, subdivision 1; 
          423.806, subdivision 1; 446A.10, subdivision 2; 
          466.05, subdivision 1; 469.129, subdivision 1; 
          473.844, subdivision 1; 473.845, subdivision 1; 
          508.36; 529.16; 551.05, subdivision 1; 571.75, 
          subdivision 2; 571.81, subdivision 2; 604.06; 609.531, 
          subdivision 1; 609.892, subdivision 1; Laws 1990, 
          chapter 562, article 8, section 38; chapter 602, 
          article 2, section 10; and chapter 606, article 4, 
          section 1, subdivisions 2 and 6; reenacting Minnesota 
          Statutes 1988, section 169.126, subdivision 2, as 
          amended; repealing Minnesota Statutes 1990, sections 
          103B.211, subdivision 5; 103I.005, subdivision 18; 
          117.31; 124.47; 171.015, subdivision 4; 299F.362, 
          subdivision 8; 474A.081, subdivisions 1, 2, and 4; 
          593.40, subdivision 6; and 626A.21.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                ARTICLE 1

                             REVISOR'S BILL

                          STATUTORY CORRECTIONS
    Section 1.  Minnesota Statutes 1990, section 3C.04, 
subdivision 3, is amended to read: 
    Subd. 3.  [REPORT TO LEGISLATURE.] The revisor's office 
shall report to the legislature any statutory changes 
recommended or discussed or statutory deficiencies noted in any 
opinion of the supreme court or the court of appeals of 
Minnesota.  The report must be made by November 15 of each 
even-numbered year.  It must treat opinions filed during the 
two-year period immediately preceding September 30 of the year 
before the year in which the session is held.  It must include 
any comment necessary to outline clearly the legislative problem 
reported.  
    Sec. 2.  Minnesota Statutes 1990, section 14.47, 
subdivision 5, is amended to read: 
    Subd. 5.  [POWERS OF REVISOR.] (a) In preparing a 
compilation or supplement, the revisor may:  
    (1) renumber rules, paragraphs, clauses or other parts of a 
rule; 
    (2) combine or divide rules, paragraphs, clauses or other 
parts of a rule; 
    (3) rearrange the order of rules, paragraphs, clauses, or 
other parts of a rule; 
    (4) move paragraphs, clauses, or other parts of a rule to 
another rule; 
    (5) remove redundant language; 
    (6) make minor punctuation and grammatical changes to 
facilitate the renumbering, combining, dividing, and rearranging 
of rules or parts of rules; 
    (7) change reference numbers to agree with renumbered 
rules, paragraphs, clauses or other parts of a rule; 
    (8) change reference numbers to agree with renumbered 
statutes or parts of statutes; 
    (9) substitute the proper rule, paragraph, clause, or other 
part of a rule for the term "this rule," "the preceding rule" 
and the like; 
    (10) substitute numbers for written words and written words 
for numbers; 
    (11) substitute the term "rule" for the term "regulation" 
when "regulation" refers to a Minnesota rule; 
    (12) substitute the date on which the rule becomes 
effective for the words "the effective date of this rule," and 
the like; 
    (13) change capitalization, punctuation, and forms of 
citation for the purpose of uniformity; 
    (14) convert citations of Laws of Minnesota to citations of 
Minnesota Statutes; 
    (15) correct manifest clerical or typographical errors; 
    (16) correct all misspelled words; 
    (17) correct manifest grammatical and punctuation errors; 
    (18) replace gender specific words with gender neutral 
words and, if necessary, recast sentences containing gender 
specific words; and 
    (19) make other editorial changes to ensure the accuracy 
and utility of the compilation or supplement. 
    (b) The revisor shall provide headnotes as catch words to 
rules and, if appropriate, to paragraphs, clauses, or other 
parts of a rule.  The headnotes are not part of the rule even if 
included with the rule when adopted.  The revisor shall change 
headnotes to clearly indicate the subject matter of the rules.  
"Headnote" means any text functioning as catch words to the 
substance of text and not itself communicating the substantive 
content of the rule. 
    Sec. 3.  Minnesota Statutes 1990, section 15.39, 
subdivision 2, is amended to read: 
    Subd. 2.  The commissioner is hereby authorized to 
requisition from the economic security administration fund any 
amount necessary to pay premiums for the insurance specified in 
subdivision 1 and money in the amount necessary are hereby is 
appropriated for that purpose. 
    Sec. 4.  Minnesota Statutes 1990, section 16B.19, 
subdivision 2b, is amended to read: 
    Subd. 2b.  [DESIGNATION OF TARGETED GROUPS.] (a) The 
commissioner of administration shall periodically designate 
businesses that are majority owned and operated by women, 
persons with a disability, or specific minorities as targeted 
group businesses within purchasing categories the commissioner 
determines.  A group must be targeted within a purchasing 
category if the commissioner determines there is a statistical 
disparity between the percentage of purchasing from businesses 
owned by group members and the representation of business 
businesses owned by group members among all business businesses 
in the state in the purchasing category.  The commissioner must 
review public agencies' purchasing from businesses owned by 
women, persons with a disability, and minorities at least once 
every two years.  The commissioner must review the 
representation of businesses owned by these groups among all 
businesses in the state at least once every five years. 
    (b) In addition to designations under paragraph (a), an 
individual business may be included as a targeted group business 
if the commissioner determines that inclusion is necessary to 
remedy discrimination against the owner based on race, gender, 
or disability in attempting to operate a business that would 
provide goods or service to public agencies. 
    (c) The designations of purchasing categories and 
businesses under paragraphs (a) and (b) are not rules for 
purposes of chapter 14, and are not subject to rulemaking 
procedures of that chapter. 
    Sec. 5.  Minnesota Statutes 1990, section 16B.21, 
subdivision 1, is amended to read: 
    Subdivision 1.  [COMMISSIONER OF ADMINISTRATION.] The 
commissioner shall submit an annual report pursuant to section 
3.195 to the governor and the legislature with a copy to the 
commissioner of trade and economic development indicating the 
progress being made toward the objectives and goals of sections 
16B.19 to 16B.22, 137.31, 137.35, 161.321, and 473.142 during 
the preceding fiscal year.  The commissioner shall also submit a 
quarterly report to the small business and targeted group 
procurement advisory council.  These reports shall include the 
following information:  
     (1) the total dollar value and number of potential 
set-aside awards identified during this period and the 
percentage of total state procurement this figure reflects; 
     (2) the number of small businesses identified by and 
responding to the small business procurement program, the total 
dollar value and number of set-aside and other contracts 
actually awarded to small businesses, and the total number of 
small businesses that were awarded set-aside and other 
contracts; 
     (3) the total dollar value and number of contracts awarded 
to small targeted group businesses pursuant to each bidding 
process authorized by sections 16B.19, subdivision 2c, 137.31, 
137.35, 161.321, and 473.142; the total number and value of 
these contracts awarded to each small targeted group business 
and to each type of small targeted group business in each 
purchasing category, and the percentages of the total 
procurement for each purchasing category the figures represent; 
    (4) the total dollar value and number of contracts awarded 
to small businesses in economically disadvantaged areas under 
the bidding process authorized in section 16B.19, subdivision 
2d; the total number and value of these contracts awarded to 
each business, and to all business businesses within each 
economically disadvantaged area in each purchasing category, and 
the percentages of total procurement for each purchasing 
category the figures represent. 
    The information required by clauses (1) and (2) must be 
presented on a statewide basis and also broken down by 
geographic regions within the state.  
    Sec. 6.  Minnesota Statutes 1990, section 16B.405, 
subdivision 2, is amended to read: 
    Subd. 2.  [SOFTWARE SALE FUND.] Proceeds of the sale or 
licensing of software products or services by the commissioner 
must be credited to the computer services intertechnologies 
revolving fund.  If a state agency other than the department of 
administration has contributed to the development of software 
sold or licensed under this section, the commissioner may 
reimburse the agency by discounting computer services provided 
to that agency. 
    Sec. 7.  Minnesota Statutes 1990, section 27.138, 
subdivision 4, is amended to read: 
    Subd. 4.  [PRIORITY OF UNPAID SELLERS' INTERESTS IN TRUST 
ASSETS.] (a) The unpaid sellers' seller's interest in trust 
assets is paramount to all other liens, security interests, and 
encumbrances in the trust assets.  An unpaid seller who recovers 
trust assets recovers them free of any liens, security 
interests, or encumbrances.  
    (b) If the trust assets are inadequate to pay unpaid 
sellers the amount due, the unpaid sellers shall share 
proportionately in the trust assets.  
    Sec. 8.  Minnesota Statutes 1990, section 41A.066, 
subdivision 1, is amended to read: 
    Subdivision 1.  [AUTHORITY TO MAKE LOANS.] The Minnesota 
agricultural and economic development board may make, purchase, 
or participate in making or purchasing hazardous waste 
processing facility loans in any amount, and may enter into 
commitments therefor.  A private person proposing to develop and 
operate a hazardous waste processing facility is eligible to 
apply for a loan under this subdivision.  Applications must be 
made to the Minnesota agricultural and economic development 
board.  The Minnesota agricultural and economic development 
board shall forward the applications to the office of waste 
management for review pursuant to section 115A.162.  If the 
office of waste management does not certify the application, the 
Minnesota agricultural and economic development board may not 
approve the application nor make the loan.  If the office of 
waste management certifies the application, the Minnesota 
agricultural and economic development board shall approve the 
application and make the loan if money is available for it and 
if the Minnesota agricultural and economic development board 
finds that:  
    (1) development and operation of the facility as proposed 
by the applicant is economically feasible; 
    (2) there is a reasonable expectation that the principal 
and interest on the loan will be fully repaid; and 
     (3) the facility is unlikely to be developed and operated 
without a loan from the Minnesota agricultural and economic 
development board.  
     The Minnesota agricultural and economic development board 
and the office of waste management shall establish coordinated 
procedures for loan application, certification, and approval.  
    The Minnesota agricultural and economic development board 
may use the Minnesota agricultural and economic development 
account to provide financial assistance to any person whose 
hazardous waste processing facility loan application has been 
certified by the office of waste management and approved by the 
Minnesota agricultural and economic development board, and for 
this purpose may exercise the powers granted in Minnesota 
Statutes 1986, section 116M.06, subdivision 2, with respect to 
any loans made or bonds issued under this subdivision regardless 
of whether the applicant is an eligible small business.  
     The Minnesota agricultural and economic development board 
may issue bonds and notes in the aggregate principal amount of 
$10,000,000 for the purpose of making, purchasing, or 
participating in making or purchasing hazardous waste processing 
facility loans.  
     The Minnesota agricultural and economic development board 
may adopt emergency rules under sections 14.29 to 14.36 to 
implement the loan program under this subdivision.  Emergency 
rules adopted by the Minnesota agricultural and economic 
development board remain in effect for 360 days or until 
permanent rules are adopted, whichever occurs first.  
    Sec. 9.  Minnesota Statutes 1990, section 60A.13, 
subdivision 3a, is amended to read: 
    Subd. 3a.  [ANNUAL AUDIT.] Every insurance company doing 
business in this state, including fraternal beneficiary 
associations, reciprocal exchanges, service plan corporations 
licensed pursuant to chapter 62G 62C, and legal service plans 
licensed pursuant to chapter 62G, unless exempted by the 
commissioner pursuant to subdivision 4a or by subdivision 7 
shall have an annual audit of the financial activities of the 
most recently completed fiscal year performed by an independent 
certified public accountant as prescribed by the commissioner, 
and shall file the report of this audit with the commissioner 
not more that six months following the close of the company's 
fiscal year.  Any insurer required by this subdivision to file 
an annual audit which does not currently have its financial 
statement audited shall file its first audit with the 
commissioner not later than June 30, 1983.  All other insurers 
shall file their annual audits beginning June 30, 1982.  
    Sec. 10.  Minnesota Statutes 1990, section 60B.25, is 
amended to read: 
    60B.25 [POWERS OF LIQUIDATOR.] 
    The liquidator shall report to the court monthly, or at 
other intervals specified by the court, on the progress of the 
liquidation in whatever detail the court orders.  The liquidator 
shall coordinate activities with those of each guaranty 
association having an interest in the liquidation and shall 
submit a report detailing how coordination will be achieved to 
the court for its approval within 30 days following appointment, 
or within the time which the court, in its discretion, may 
establish.  Subject to the court's control, the liquidator may: 
    (1) Appoint a special deputy to act under sections 60B.01 
to 60B.61 and determine the deputy's compensation. The special 
deputy shall have all powers of the liquidator granted by this 
section.  The special deputy shall serve at the pleasure of the 
liquidator. 
    (2) Appoint or engage employees and agents, actuaries, 
accountants, appraisers, consultants, and other personnel deemed 
necessary to assist in the liquidation without regard to chapter 
14. 
    (3) Fix the compensation of persons under clause (2), 
subject to the control of the court. 
    (4) Defray all expenses of taking possession of, 
conserving, conducting, liquidating, disposing of, or otherwise 
dealing with the business and property of the insurer.  If the 
property of the insurer does not contain sufficient cash or 
liquid assets to defray the costs incurred, the liquidator may 
advance the costs so incurred out of the appropriation made to 
the department of commerce.  Any amounts so paid shall be deemed 
expense of administration and shall be repaid for the credit of 
the department of commerce out of the first available money of 
the insurer. 
     (5) Hold hearings, subpoena witnesses and compel their 
attendance, administer oaths, examine any person under oath and 
compel any person to subscribe to testimony after it has been 
correctly reduced to writing, and in connection therewith 
require the production of any books, papers, records, or other 
documents which the liquidator deems relevant to the inquiry. 
     (6) Collect all debts and money due and claims belonging to 
the insurer, wherever located, and for this purpose institute 
timely action in other jurisdictions, in order to forestall 
garnishment and attachment proceedings against such debts; do 
such other acts as are necessary or expedient to collect, 
conserve, or protect its assets or property, including sell, 
compound, compromise, or assign for purposes of collection, upon 
such terms and conditions as the liquidator deems best, any bad 
or doubtful debts; and pursue any creditor's remedies available 
to enforce claims. 
     (7) Conduct public and private sales of the property of the 
insurer in a manner prescribed by the court. 
     (8) Use assets of the estate to transfer coverage 
obligations to a solvent assuming insurer, if the transfer can 
be arranged without prejudice to applicable priorities under 
section 60B.44. 
     (9) Acquire, hypothecate, encumber, lease, improve, sell, 
transfer, abandon, or otherwise dispose of or deal with any 
property of the insurer at its market value or upon such terms 
and conditions as are fair and reasonable, except that no 
transaction involving property the market value of which exceeds 
$10,000 shall be concluded without express permission of the 
court.  The liquidator may also execute, acknowledge, and 
deliver any deeds, assignments, releases, and other instruments 
necessary or proper to effectuate any sale of property or other 
transaction in connection with the liquidation.  In cases where 
real property sold by the liquidator is located other than in 
the county where the liquidation is pending, the liquidator 
shall cause to be filed with the county recorder for the county 
in which the property is located a certified copy of the order 
of appointment. 
     (10) Borrow money on the security of the insurer's assets 
or without security and execute and deliver all documents 
necessary to that transaction for the purpose of facilitating 
the liquidation. 
     (11) Enter into such contracts as are necessary to carry 
out the order to liquidate, and affirm or disavow any contracts 
to which the insurer is a party. 
     (12) Continue to prosecute and institute in the name of the 
insurer or in the liquidator's own name any suits and other 
legal proceedings, in this state or elsewhere, and abandon the 
prosecution of claims the liquidator deems unprofitable to 
pursue further.  If the insurer is dissolved under section 
60B.23, the liquidator may apply to any court in this state or 
elsewhere for leave to be substituted for the insurer as 
plaintiff. 
     (13) Prosecute any action which may exist in behalf of the 
creditors, members, policyholders, or shareholders of the 
insurer against any officer of the insurer, or any other person. 
     (14) Remove any records and property of the insurer to the 
offices of the commissioner or to such other place as is 
convenient for the purposes of efficient and orderly execution 
of the liquidation. 
     (15) Deposit in one or more banks in this state such sums 
as are required for meeting current administration expenses and 
dividend distributions. 
     (16) Deposit with the state board of investment for 
investment pursuant to section 11A.24, all sums not currently 
needed, unless the court orders otherwise. 
     (17) File any necessary documents for record in the office 
of any county recorder or record office in this state or 
elsewhere where property of the insurer is located. 
     (18) Assert all defenses available to the insurer as 
against third persons, including statutes of limitations, 
statutes of frauds, and the defense of usury.  A waiver of any 
defense by the insurer after a petition for liquidation has been 
filed shall not bind the liquidator. 
     (19) Exercise and enforce all the rights, remedies, and 
powers of any creditor, shareholder, policyholder, or member, 
including any power to avoid any transfer or lien that may be 
given by law and that is not included within sections 60B.30 and 
60B.32. 
     (20) Intervene in any proceeding wherever instituted that 
might lead to the appointment of a receiver or trustee, and act 
as the receiver or trustee whenever the appointment is offered. 
     (21) Enter into agreements with any receiver or 
commissioner of any other state relating to the rehabilitation, 
liquidation, conservation, or dissolution of an insurer doing 
business in both states. 
     (22) Exercise all powers now held or hereafter conferred 
upon receivers by the laws of this state not inconsistent with 
sections 60B.01 to 60B.61. 
     (23) The enumeration in this section of the powers and 
authority of the liquidator is not a limitation, nor does it 
exclude the right to do such other acts not herein specifically 
enumerated or otherwise provided for as are necessary or 
expedient for the accomplishment of or in aid of the purpose of 
liquidation. 
     (24) The power of the liquidator of a health maintenance 
organization includes the power to transfer coverage obligations 
to a solvent and voluntary health maintenance organization, 
insurer, or nonprofit health service plan, and to assign 
provider contracts of the insolvent health maintenance 
organization to an assuming health maintenance organization, 
insurer, or nonprofit health service plan permitted to enter 
into such agreements.  The liquidator is not required to meet 
the notice requirements of section 62D.121.  Transferees of 
coverage obligations or provider contracts shall have no 
liability to creditors or obligees of the health maintenance 
organization except those liabilities expressly assumed. 
    Sec. 11.  Minnesota Statutes 1990, section 62E.19, 
subdivision 1, is amended to read: 
     Subdivision 1.  [EMPLOYER LIABILITY.] An employer is liable 
to the association for the costs of any preexisting conditions 
of the employer's former employees or their dependents during 
the first six months of coverage under the state comprehensive 
health insurance plan under the following conditions: 
     (1) the employer has terminated or laid off employees and 
is required to meet the notice requirements under section 
268.976, subdivision 3; 
     (2) the employer has failed to provide, arrange for, or 
make available continuation health insurance coverage required 
to be provided under federal or state law to employees or their 
dependents; and 
     (3) the employer's former employees or their dependents 
enroll in the state comprehensive health insurance plan with a 
waiver of the preexisting condition limitation under section 
62E.14, subdivision 4a or 5; or 
     (4) the employer has terminated or allowed the employer's 
plan of health insurance coverage to lapse within 90 days prior 
to the date of termination or layoff of an employee; and 
     (5) the employer's former employees or their dependents 
enroll in the state comprehensive health insurance plan with a 
waiver of the preexisting condition limitation under section 
62E.14, subdivision 4a or 5. 
    The employer shall pay a special assessment to the 
association for the costs of the preexisting conditions.  The 
special assessment may be assessed before the association makes 
the annual determination of each contributing member's liability 
as required under this chapter.  The association may enforce the 
obligation to pay the special assessment by action, as a claim 
in an insolvency proceeding, or by any other method not 
prohibited by law. 
    If the association makes the special assessment permitted 
by this subdivision, the association may also make any 
assessment of contributing members otherwise permitted by law, 
without regard to the special assessment permitted by this 
subdivision.  Contributing members must pay the assessment, 
subject to refund or adjustment, in the event of receipt by the 
association of any portion of the special assessment. 
     Sec. 12.  Minnesota Statutes 1990, section 86B.415, 
subdivision 1, is amended to read: 
    Subdivision 1.  [WATERCRAFT LESS THAN 19 FEET OR LESS.] The 
fee for a watercraft license for watercraft less than 19 feet or 
less in length is $12 except: 
    (1) for watercraft 19 feet in length or less that is 
offered for rent or lease, the fee is $6; 
    (2) for a canoe, kayak, sailboat, sailboard, paddle boat, 
or rowing shell 19 feet in length or less, the fee is $7; 
    (3) for a watercraft 19 feet in length or less used by a 
nonprofit corporation for teaching boat and water safety, the 
fee is as provided in subdivision 4; and 
    (4) for a watercraft owned by a dealer under a dealer's 
license, the fee is as provided in subdivision 5. 
    Sec. 13.  Minnesota Statutes 1990, section 97A.101, 
subdivision 2, is amended to read: 
    Subd. 2.  [MANAGEMENT DESIGNATION.] (a) The commissioner 
may designate, reserve, and manage public waters for wildlife 
after giving notice and holding a public hearing.  The hearing 
must be held in the county where the major portion of the waters 
are is located.  Notice of the hearing must be published in a 
legal newspaper within each county where the waters are located 
at least seven days before the hearing. 
    (b) The commissioner may contract with riparian owners for 
water projects under section 103G.121, subdivision 3, and may 
acquire land, accept local funding, and construct, maintain, and 
operate structures to control water levels under section 
103G.505 to manage designated waters.  
    Sec. 14.  Minnesota Statutes 1990, section 103A.405, is 
amended to read: 
    103A.405 [DIRECTOR'S APPROVAL FOR FEDERAL WATER DATA 
AGREEMENTS.] 
    A contract or agreement may not be made by a department or 
agency of the state or a municipality, with the United States or 
an agency or department of the United States, for the collection 
of basic data pertaining to surface water or groundwater of the 
state without obtaining written approval of the director of the 
division of waters of the department of natural resources.  
    Sec. 15.  Minnesota Statutes 1990, section 103B.211, 
subdivision 4, is amended to read: 
    Subd. 4.  [APPROPRIATIONS FROM SMALL WATERCOURSES.] (a) 
This subdivision applies in Hennepin and Ramsey counties to the 
following public waters:  
    (1) a public water basin or wetland wholly within the 
county that is less than 500 acres; or 
    (2) a protected watercourse that has a drainage area of 
less than 50 square miles.  
    (b) An appropriation of water that is below the minimum 
established in section 103G.271, subdivision 4, for a 
nonessential use, as defined under section 103G.291, is 
prohibited unless a permit is obtained from the watershed 
district or watershed management organization having 
jurisdiction over the public water basin, wetland, or 
watercourse.  The watershed district or watershed management 
organization may impose a fee to cover the cost of issuing the 
permit.  This subdivision must be enforced by the home rule 
charter or statutory city where the appropriation occurs.  
Violation of this subdivision is a petty misdemeanor, except 
that a second violation within a year is a misdemeanor.  
Affected cities shall mail notice of this law to affected 
riparian and adjoining landowners.  
    Sec. 16.  Minnesota Statutes 1990, section 103B.211, 
subdivision 5, is repealed. 
    Sec. 17.  Minnesota Statutes 1990, section 103F.215, 
subdivision 1, is amended to read: 
    Subdivision 1.  [COUNTY ORDINANCE FAILING TO MEET 
STANDARDS.] The commissioner shall adapt the model ordinance to 
a county if, after notice and hearing as provided in section 
103G.305 103G.311, the commissioner finds that a county has 
adopted a shoreland conservation ordinance that fails to meet 
the minimum standards established under section 103F.211.  
    Sec. 18.  Minnesota Statutes 1990, section 103G.545, 
subdivision 2, is amended to read: 
    Subd. 2.  [LEGISLATIVE APPROVAL REQUIRED FOR CONTROL 
STRUCTURES AND WATER LEVELS.] Except as provided in this 
section, specific authority must be given by law after 
consideration by the legislature with regard to control 
structures or water levels within or bordering on the area of 
Cook, Lake, and St. Louis counties designated in the Act of 
Congress of July 10, 1930, United States Code, title 46 16, 
section 1020 577, before: 
    (1) dams or additions to existing dams may be constructed 
in or across public waters; 
    (2) alteration of the natural water level or volume of 
flowage of public waters may be made; or 
    (3) an easement for flooding or overflowing or otherwise 
affecting state property adjacent to public waters may be 
granted.  
    Sec. 19.  Minnesota Statutes 1990, section 115B.25, 
subdivision 4, is amended to read: 
    Subd. 4.  [ELIGIBLE PERSON.] "Eligible person" means a 
person who is eligible to file a claim with the fund account 
under section 115B.29. 
    Sec. 20.  Minnesota Statutes 1990, section 115B.26, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ESTABLISHMENT.] A harmful substance 
compensation account is in the environmental fund in the state 
treasury.  Earnings, such as interest, dividends, and any other 
earnings arising from account assets, must be credited to the 
fund account. 
    Sec. 21.  Minnesota Statutes 1990, section 115B.26, 
subdivision 4, is amended to read: 
    Subd. 4.  [FUND ACCOUNT TRANSFER REQUEST.] At the end of 
each fiscal year, the board shall submit a request to the 
petroleum tank release compensation board for transfer to the 
harmful substance compensation account from the petroleum tank 
release cleanup fund account under section 115C.08, subdivision 
5, of an amount equal to the compensation granted by the board 
for claims related to petroleum releases plus administrative 
costs related to determination of those claims. 
    Sec. 22.  Minnesota Statutes 1990, section 115B.30, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ELIGIBLE PERSONAL INJURY.] (a) A personal 
injury which could reasonably have resulted from exposure to a 
harmful substance released from a facility where it was placed 
or came to be located is eligible for compensation from the 
account if:  
    (1) it is a medically verified chronic or progressive 
disease, illness, or disability such as cancer, organic nervous 
system disorders, or physical deformities, including 
malfunctions in reproduction, in humans or their offspring, or 
death; or 
    (2) it is a medically verified acute disease or condition 
that typically manifests itself rapidly after a single exposure 
or limited exposures and the persons responsible for the release 
of the harmful substance are unknown or cannot with reasonable 
diligence be determined or located or a judgment would not be 
satisfied in whole or in part against the persons determined to 
be responsible for the release of the harmful substance.  
    (b) A personal injury is not compensable from the fund 
account if: 
    (1) the injury is compensable under the workers' 
compensation law, chapter 176; 
    (2) the injury arises out of the claimant's use of a 
consumer product; 
    (3) the injury arises out of an exposure that occurred or 
is occurring outside the geographical boundaries of the state; 
    (4) the injury results from the release of a harmful 
substance for which the claimant is a responsible person; or 
     (5) the injury is an acute disease or condition other than 
one described in paragraph (a). 
    Sec. 23.  Minnesota Statutes 1990, section 115B.31, is 
amended to read: 
     115B.31 [OTHER ACTIONS.] 
     Subdivision 1.  [SUBSEQUENT ACTION OR CLAIM PROHIBITED IN 
CERTAIN CASES.] (a) A person who has settled a claim for an 
eligible injury or eligible property damage with a responsible 
person, either before or after bringing an action in court for 
that injury or damage, may not file a claim with the fund 
account for the same injury or damage.  A person who has 
received a favorable judgment in a court action for an eligible 
injury or eligible property damage may not file a claim with the 
fund account for the same injury or damage, unless the judgment 
cannot be satisfied in whole or in part against the persons 
responsible for the release of the harmful substance.  A person 
who has filed a claim with the board may not file another claim 
with the board for the same eligible injury or damage, unless 
the claim was inactivated by the board as provided in section 
115B.32, subdivision 1. 
    (b) A person who has filed a claim with the board for an 
eligible injury or damage, and who has received and accepted an 
award from the board, is precluded from bringing an action in 
court for the same eligible injury or damage.  
    (c) A person who files a claim with the board for personal 
injury or property damage must include all known claims eligible 
for compensation in one proceeding before the board. 
    Subd. 2.  [USE OF PROTECTED INFORMATION AND BOARD 
FINDINGS.] The findings and decision of the board are 
inadmissible in any court action.  Protected information may not 
be used in any court action except to the extent that the 
information is otherwise available to a party or discovered 
under the applicable rules of civil or criminal procedure. 
    Subd. 3.  [SUBROGATION BY STATE.] The state is subrogated 
to all the claimant's rights under statutory or common law to 
recover losses compensated from the fund account from other 
sources, including responsible persons as defined in section 
115B.03.  The state may bring a subrogation action in its own 
name or in the name of the claimant.  The state may not bring a 
subrogation action against a person who was a party in a court 
action by the claimant for the same eligible injury or damage, 
unless the claimant dismissed the action prior to trial.  Money 
recovered by the state under this subdivision must be deposited 
in the fund account.  Nothing in sections 115B.25 to 115B.37 
shall be construed to create a standard of recovery in a 
subrogation action.  
    Subd. 4.  [SIMULTANEOUS CLAIM AND COURT ACTION PROHIBITED.] 
A claimant may not commence a court action to recover for any 
injury or damage for which the claimant seeks compensation from 
the fund account during the time that a claim is pending before 
the board.  A person may not file a claim with the board for 
compensation for any injury or damage for which the claimant 
seeks to recover in a pending court action.  The time for filing 
a claim under section 115B.30 or the statute of limitations for 
any civil action is suspended during the period of time that a 
claimant is precluded from filing a claim or commencing an 
action under this subdivision. 
    Sec. 24.  Minnesota Statutes 1990, section 115B.32, 
subdivision 1, is amended to read: 
    Subdivision 1.  [FORM.] A claim for compensation from 
the fund account must be filed with the board in the form 
required by the board.  When a claim does not include all the 
information required by subdivision 2 and applicable board 
rules, the board staff shall notify the claimant of the absence 
of the required information within 14 days of the filing of the 
claim.  All required information must be received by the board 
not later than 60 days after the claimant received notice of its 
absence or the claim will be inactivated and may not be 
resubmitted for at least one year following the date of 
inactivation.  The board may decide not to inactivate a claim 
under this subdivision if it finds serious extenuating 
circumstances. 
     Sec. 25.  Minnesota Statutes 1990, section 115B.33, 
subdivision 1, is amended to read: 
    Subdivision 1.  [STANDARD FOR PERSONAL INJURY.] The board 
shall grant compensation to a claimant who shows that it is more 
likely than not that: 
    (1) the claimant suffers a medically verified injury that 
is eligible for compensation from the fund account and that has 
resulted in a compensable loss; 
    (2) the claimant has been exposed to a harmful substance; 
    (3) the release of the harmful substance from a facility 
where the substance was placed or came to be located could 
reasonably have resulted in the claimant's exposure to the 
substance in the amount and duration experienced by the 
claimant; and 
    (4) the injury suffered by the claimant can be caused or 
significantly contributed to by exposure to the harmful 
substance in an amount and duration experienced by the claimant. 
    Sec. 26.  Minnesota Statutes 1990, section 115B.34, is 
amended to read: 
    115B.34 [COMPENSABLE LOSSES.] 
    Subdivision 1.  [PERSONAL INJURY LOSSES.] Losses 
compensable by the fund account for personal injury are limited 
to: 
    (a) medical expenses directly related to the claimant's 
injury; 
    (b) up to two-thirds of the claimant's lost wages not to 
exceed $2,000 per month or $24,000 per year; 
    (c) up to two-thirds of a self-employed claimant's lost 
income, not to exceed $2,000 per month or $24,000 per year; 
    (d) death benefits to dependents which the board shall 
define by rule subject to the following conditions: 
    (1) the rule adopted by the board must establish a schedule 
of benefits similar to that established by section 176.111 and 
must not provide for the payment of benefits to dependents other 
than those dependents defined in section 176.111; 
    (2) the total benefits paid to all dependents of a claimant 
must not exceed $2,000 per month; 
    (3) benefits paid to a spouse and all dependents other than 
children must not continue for a period longer than ten years; 
    (4) payment of benefits is subject to the limitations of 
section 115B.36; and 
    (e) the value of household labor lost due to the claimant's 
injury or disease, which must be determined in accordance with a 
schedule established by the board by rule, not to exceed $2,000 
per month or $24,000 per year. 
    Subd. 2.  [PROPERTY DAMAGE LOSSES.] (a) Losses compensable 
by the fund account for property damage are limited to the 
following losses caused by damage to the principal residence of 
the claimant: 
     (1) the reasonable cost of replacing or decontaminating the 
primary source of drinking water for the property not to exceed 
the amount actually expended by the claimant or assessed by a 
local taxing authority, if the department of health has 
confirmed that the remedy provides safe drinking water and 
advised that the water not be used for drinking or determined 
that the replacement or decontamination of the source of 
drinking water was necessary, up to a maximum of $25,000; 
     (2) losses incurred as a result of a bona fide sale of the 
property at less than the appraised market value under 
circumstances that constitute a hardship to the owner, limited 
to 75 percent of the difference between the appraised market 
value and the selling price, but not to exceed $25,000; and 
      (3) losses incurred as a result of the inability of an 
owner in hardship circumstances to sell the property due to the 
presence of harmful substances, limited to the increase in costs 
associated with the need to maintain two residences, but not to 
exceed $25,000.  
     (b) In computation of the loss under paragraph (a), clause 
(3), the board shall offset the loss by the amount of any income 
received by the claimant from the rental of the property.  
     (c) For purposes of paragraph (a), the following 
definitions apply: 
     (1) "appraised market value" means an appraisal of the 
market value of the property disregarding any decrease in value 
caused by the presence of a harmful substance in or on the 
property; and 
     (2) "hardship" means an urgent need to sell the property 
based on a special circumstance of the owner including 
catastrophic medical expenses, inability of the owner to 
physically maintain the property due to a physical or mental 
condition, and change of employment of the owner or other member 
of the owner's household requiring the owner to move to a 
different location. 
    (d) Appraisals are subject to board approval.  The board 
may adopt rules governing approval of appraisals, criteria for 
establishing a hardship, and other matters necessary to 
administer this subdivision. 
    Sec. 27.  Minnesota Statutes 1990, section 115B.36, is 
amended to read: 
    115B.36 [AMOUNT AND FORM OF PAYMENT.] 
    If the board decides to grant compensation, it shall 
determine the net uncompensated loss payable to the claimant by 
computing the total amount of compensable losses payable to the 
claimant and subtracting the total amount of any compensation 
received by the claimant for the same injury or damage from 
other sources including, but not limited to, all forms of 
insurance and social security and any emergency award made by 
the board.  The board shall pay compensation in the amount of 
the net uncompensated loss, provided that no claimant may 
receive more than $250,000.  In the case of a death, the total 
amount paid to all persons on behalf of the claimant may not 
exceed $250,000. 
    Compensation from the fund account may be awarded in a lump 
sum or in installments at the discretion of the board. 
    Sec. 28.  Minnesota Statutes 1990, section 115C.08, 
subdivision 5, is amended to read: 
    Subd. 5.  [FUND ACCOUNT TRANSFER.] The board shall 
authorize the commissioner of finance to transfer to the harmful 
substance compensation fund account the amount requested by the 
harmful substance compensation board under section 115B.26, 
subdivision 4.  Transfer of the amount must be made at the 
earliest practical date after authorization by the board.  If 
the unencumbered balance in the fund account is less than 
$2,000,000, the transfer must be made at the earliest practical 
date after the unencumbered balance in the fund account exceeds 
that amount.  
    Sec. 29.  Minnesota Statutes 1990, section 115D.02, is 
amended to read: 
    115D.02 [POLICY.] 
    (a) To protect the public health, welfare, and the 
environment, the legislature declares that it is the policy of 
the state to encourage toxic pollution prevention.  The 
preferred means of preventing toxic pollution are techniques and 
processes that are implemented at the source and that minimize 
the transfer of toxic pollutants from one environmental medium 
to another. 
    (b) The legislature intends that the programs developed 
under Laws 1990, chapter 560, sections 115D.01 to 115D.12 shall 
encourage and lead to a greater awareness of the need for and 
benefits of toxic pollution prevention, and to a greater degree 
of cooperation and coordination among all elements of 
government, industry, and the public in encouraging and carrying 
out pollution prevention activities. 
    Sec. 30.  Minnesota Statutes 1990, section 116.733, is 
amended to read: 
    116.733 [MEDICAL DEVICE EXEMPTION.] 
    Laws 1990, chapter 560, article 2, sections 1 to 5 and 2, 
and sections 116.70, 116.731, and 116.732, do not apply to 
processes using CFCs or halons on medical devices, in 
sterilization processes in health care facilities, or by a 
person or facility in manufacturing or selling of medical 
devices.  
    Sec. 31.  Minnesota Statutes 1990, section 116J.68, 
subdivision 2, is amended to read: 
    Subd. 2.  The bureau shall:  
     (a) provide information and assistance with respect to all 
aspects of business planning and business management related to 
the start-up, operation, or expansion of a small business in 
Minnesota; 
     (b) refer persons interested in the start-up, operation, or 
expansion of a small business in Minnesota to assistance 
programs sponsored by federal agencies, state agencies, 
educational institutions, chambers of commerce, civic 
organizations, community development groups, private industry 
associations, and other organizations or to the business 
assistance referral system established by the Minnesota Project 
Outreach Corporation; 
     (c) plan, develop, and implement a master file of 
information on small business assistance programs of federal, 
state, and local governments, and other public and private 
organizations so as to provide comprehensive, timely information 
to the bureau's clients; 
     (d) employ staff with adequate and appropriate skills and 
education and training for the delivery of information and 
assistance; 
     (e) seek out and utilize, to the extent practicable, 
contributed expertise and services of federal, state, and local 
governments, educational institutions, and other public and 
private organizations; 
    (f) maintain a close and continued relationship with the 
director of the procurement program within the department of 
administration so as to facilitate the department's duties and 
responsibilities under sections 16B.19 to 16B.22 relating to the 
small targeted group business and economically disadvantaged 
business program of the state; 
    (g) develop an information system which will enable the 
commissioner and other state agencies to efficiently store, 
retrieve, analyze, and exchange data regarding small business 
development and growth in the state.  All executive branch 
agencies of state government and the secretary of state shall to 
the extent practicable, assist the bureau in the development and 
implementation of the information system; 
    (h) establish and maintain a toll free telephone number so 
that all small business persons anywhere in the state can call 
the bureau office for assistance.  An outreach program shall be 
established to make the existence of the bureau well known to 
its potential clientele throughout the state.  If the small 
business person requires a referral to another provider the 
bureau may use the business assistance referral system 
established by the Minnesota Project Outreach Corporation; 
    (i) conduct research and provide data as required by the 
state legislature; 
    (j) develop and publish material on all aspects of the 
start-up, operation, or expansion of a small business in 
Minnesota; 
      (k) collect and disseminate information on state 
procurement opportunities, including information on the 
procurement process; 
      (l) develop a public awareness program through the use of 
newsletters, personal contacts, and electronic and print news 
media advertising about state assistance programs for small 
businesses, including those programs specifically for socially 
disadvantaged small business persons; 
      (m) publicize to small businesses section 14.115 which 
requires consideration of small business issues in state agency 
rulemaking; 
      (n) enter into agreements with the federal government and 
other public and private entities to serve as the statewide 
coordinator or host agency for the federal small business 
development center program under United States Code, title 15, 
section 648; 
      (o) establish an evaluation mechanism to determine if 
assistance providers have adequate expertise and resources to 
deliver quality services.  Evaluation of assistance providers 
may be based on the ability of the provider to offer the 
advertised service, the training and experience of the provider, 
and the formal evaluation process used by the provider.  The 
evaluation mechanism must be designed so that the business 
assistance referral system established by the Minnesota Project 
Outreach Corporation may use the results of the evaluation in 
providing clients with referrals to providers; and 
      (p) assist providers in the evaluation of their programs 
and the assessment of their service area needs.  The bureau may 
establish model evaluation techniques and performance standards 
for providers to use. 
    Sec. 32.  Minnesota Statutes 1990, section 117.31, is 
repealed.  
    Sec. 33.  Minnesota Statutes 1990, section 126.036, is 
amended to read: 
    126.036 [LAW ENFORCEMENT RECORDS.] 
    A law enforcement agency shall provide notice of any drug 
incident occurring within the agency's jurisdiction, in which 
the agency has probable cause to believe a student violated 
section 152.09, subdivision 1 152.021, 152.022, 152.023, 
152.024, 152.025, 152.027, 152.097, or 340A.503, subdivision 1, 
2, or 3.  The notice shall be in writing and shall be provided, 
within two weeks after an incident occurs, to the chemical abuse 
preassessment team in the school where the student is enrolled. 
    Sec. 34.  Minnesota Statutes 1990, section 126.071, 
subdivision 1, is amended to read: 
    Subdivision 1.  [AVAILABILITY.] A school district shall 
make available, to a blind pupil, instruction in Braille reading 
and writing as specified under subdivisions 2 and 3.  A blind 
pupil is a pupil who is blind as defined in section 290.06, 
subdivision 3f, paragraph (4), clause (e) only if the pupil's 
central visual acuity does not exceed 20/200 in the better eye 
with correcting lenses, or if the pupil's visual acuity is 
greater than 20/200 but is accompanied by a limitation in the 
fields of vision such that the widest diameter of the visual 
field subtends an angle no greater than 20 degrees.  
    Sec. 35.  Minnesota Statutes 1990, section 136.82, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GENERALLY.] (a) The executive director of 
the teachers retirement fund shall redeem shares in the accounts 
of the Minnesota supplemental retirement investment fund 
standing in an employee's share account record under the 
following circumstances, but always in accordance with the laws 
and rules governing the Minnesota supplemental retirement 
investment fund:  
     (b) The executive director shall redeem shares under this 
subdivision when requested to do so in writing on forms provided 
by the executive director by a person having shares to the 
credit of the employee's share account record if the person is 
age 55 or older and is no longer employed by the state 
university board or state board for community colleges.  In such 
case the person must receive the cash realized on the redemption 
of the shares.  The person may direct the redemption of not more 
than 20 percent of the person's shares in the employee's share 
account record in any one year and may not direct more than one 
redemption in any one calendar month; provided, however, that 
the state university board or its designee, in the case of a 
person employed by the state university board, and the state 
board for community colleges or its designee, in the case of a 
person employed by the state board for community colleges, may, 
upon application, at their sole discretion, permit greater 
withdrawals in any one year.  
     (c) The executive director shall redeem shares under this 
subdivision when requested to do so in writing, on forms 
provided by the executive director, by a person having shares to 
the credit of the employee's share account record if the person 
has left employment by the state university board or state board 
for community colleges because of a total and permanent 
disability as defined in section 354.05, subdivision 14.  If the 
executive director finds that the person is totally and 
permanently disabled and will as a result be unable to return to 
similar employment, the person must receive the cash realized on 
the redemption of the shares.  The person may direct the 
redemption of not more than 20 percent of the shares in the 
employee's share account record in any one year and may not 
direct more than one redemption in any one calendar month; 
provided, however, that the state university board or its 
designee, in the case of a person employed by the state 
university board, and the state board for community colleges or 
its designee, in the case of a person employed by the state 
board for community colleges, may, upon application, at their 
sole discretion, permit greater withdrawals in any one year.  If 
the person returns to good health, the person owes no 
restitution to the state or a fund established by its laws for a 
redemption under this paragraph.  
     (d) The executive director shall redeem shares under this 
subdivision in the event of the death of a person having shares 
to the credit of the employee's share account record and leaving 
a designated beneficiary, when requested to do so in writing, on 
forms provided by the executive director, by the designated 
beneficiary.  The designated beneficiary must receive the cash 
realized on the redemption of the shares.  If the designated 
beneficiary is a surviving spouse, the surviving spouse may 
direct the redemption of not more than 20 percent of the shares 
in the deceased person's employee's share account record in any 
one year and may not direct more than one redemption in any one 
calendar month; provided, however, that the state university 
board or its designee, in the case of a person employed by the 
state university board, and the state board for community 
colleges or its designee, in the case of a person employed by 
the state board for community colleges, may, upon application, 
at their sole discretion, permit greater withdrawals in any one 
year.  In that case the surviving spouse must receive the cash 
realized from the redemption of the shares.  Upon the death of 
the surviving spouse any shares remaining in the employee's 
share account record must be redeemed by the executive director 
and the cash realized from the redemption must be distributed to 
the estate of the surviving spouse.  
    (e) In the event of the death of a person having shares to 
the credit of the employee's share account record and leaving no 
designated beneficiary, the surviving spouse must receive the 
cash realized on the redemption of the shares as provided in 
paragraph (d).  If there is no surviving spouse, the executive 
director shall redeem all shares to the credit of the employee's 
share account record and pay the cash realized from the 
redemption to the estate of the deceased person.  
    (f) The executive director shall redeem shares under this 
subdivision when requested to do so in writing, on forms 
provided by the executive director, by a person having shares to 
the credit of the employee's share account record if the person 
is no longer employed by the state university board or state 
board for community colleges, but does not qualify under the 
provisions of paragraphs (b) to (e).  In that case, the person 
is entitled upon application to receive one-half of the cash 
realized on the redemption of shares and one-half must be 
credited to the administrative expense reserve account of the 
supplemental retirement plan for payment of necessary and 
reasonable administrative expenses of the supplemental 
retirement plan as provided in section 354.65.  
    Sec. 36.  Minnesota Statutes 1990, section 144.804, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DRIVERS AND ATTENDANTS.] No publicly or 
privately owned basic ambulance service shall be operated in the 
state unless its drivers and attendants possess a current 
emergency care course certificate authorized by rules adopted by 
the commissioner of health according to chapter 14.  Until 
August 1, 1994, a licensee may substitute a person currently 
certified by the American Red Cross in advanced first aid and 
emergency care or a person who has successfully completed the 
United States Department of Transportation first responder 
curriculum, and who has also been trained to use basic life 
support equipment as required by rules adopted by the 
commissioner under section 144.804, subdivision 2 3, for one of 
the persons on a basic ambulance, provided that person will 
function as the driver while transporting a patient.  The 
commissioner may grant a variance to allow a licensed ambulance 
service to use attendants certified by the American Red Cross in 
advanced first aid and emergency care in order to ensure 24-hour 
emergency ambulance coverage.  The commissioner shall study the 
roles and responsibilities of first responder units and report 
the findings by January 1, 1991.  This study shall address at a 
minimum:  (1) education and training; (2) appropriate equipment 
and its use; (3) medical direction and supervision; and (4) 
supervisory and regulatory requirements. 
    Sec. 37.  Minnesota Statutes 1990, section 144.8097, 
subdivision 2, is amended to read: 
    Subd. 2.  [MEMBERSHIP; TERMS; COMPENSATION.] (a) The 
council shall consist of 17 members.  The members shall be 
appointed by the commissioner of health and shall consist of the 
following:  
    (1) a representative of each of the governing bodies of the 
eight regional emergency medical systems designated under 
section 144.8093; 
    (2) an emergency medical services physician; 
    (3) an emergency department nurse; 
    (4) an emergency medical technician (ambulance, 
intermediate, or paramedic); 
    (5) a representative of an emergency medical care training 
institution; 
    (6) a representative of a licensed ambulance service; 
    (7) a hospital administrator; 
    (8) a first responder; 
    (9) a member of a community health services agency board; 
and 
    (10) a representative of the public at large.  
    (b) As nearly as possible, one-third of the initial 
members' terms must expire each year during the first three 
years of the council.  Successors of the initial members shall 
be appointed for three-year terms.  A person chosen to fill a 
vacancy shall be appointed only for the unexpired term of the 
board member whom the newly appointed member succeeds.  
    (c) Members of the council shall be compensated for 
expenses. 
    (d) The removal of all members and the expiration of the 
council shall be as provided in section 15.059. 
    Sec. 38.  Minnesota Statutes 1990, section 144A.29, 
subdivision 2, is amended to read: 
    Subd. 2.  Any investigation, disciplinary hearing, court 
action or other proceeding affecting a nursing home or nursing 
home administrator heretofore initiated by the commissioner of 
health or board of examiners in accordance with chapter 144, 
shall be conducted and completed in accordance with that chapter 
as it existed prior to the effective date of this section 
January 1, 1977.  Proceedings heretofore initiated by the 
commissioner of health or board of examiners leading to the 
establishment of a rule affecting nursing homes or nursing home 
administrators may be continued and the rule may be promulgated 
in accordance with heretofore existing law, notwithstanding any 
other provision of Laws 1976, chapter 173. 
    Sec. 39.  Minnesota Statutes 1990, section 144A.29, 
subdivision 3, is amended to read: 
    Subd. 3.  As soon as possible after the effective date of 
this section April 7, 1976, the commissioner of health shall by 
rule establish a schedule of fines in accordance with section 
144A.10, subdivision 6. 
    Sec. 40.  Minnesota Statutes 1990, section 147.01, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CREATION; TERMS.] The board of medical 
examiners consists of 16 residents of the state of Minnesota 
appointed by the governor.  Ten board members must hold a degree 
of doctor of medicine and be licensed to practice medicine under 
this chapter.  One board member must hold a degree of doctor of 
osteopathy and either be licensed to practice osteopathy under 
Minnesota Statutes 1961, sections 148.11 to 148.16; prior to May 
1, 1963, or be licensed to practice medicine under this 
chapter.  Five board members must be public members as defined 
by section 214.02.  The governor is encouraged to make 
appointments to the board which reflect the geography of the 
state and a broad mix of expertise of the members.  A member may 
be reappointed but shall not serve more than eight years 
consecutively.  Membership terms, compensation of members, 
removal of members, the filling of membership vacancies, and 
fiscal year and reporting requirements are as provided in 
sections 214.07 to 214.09.  The provision of staff, 
administrative services and office space; the review and 
processing of complaints; the setting of board fees; and other 
provisions relating to board operations are as provided in 
chapter 214 and Laws 1976, chapter 222, sections 2 to 7.  
    Sec. 41.  Minnesota Statutes 1990, section 148.03, is 
amended to read: 
    148.03 [APPOINTMENT.] 
    The governor shall appoint a board of chiropractic 
examiners consisting of two public members as defined by section 
214.02 and five resident chiropractors who shall have practiced 
chiropractic in this state for at least three years immediately 
prior to the time of appointment, all of whom shall be graduates 
of a course of chiropractic, but no more than two of whom shall 
be graduates of the same school or college of chiropractic.  
Membership terms, compensation of members, removal of members, 
the filling of membership vacancies, and fiscal year and 
reporting requirements shall be as provided in sections 214.07 
to 214.09.  The provision of staff, administrative services and 
office space; the review and processing of complaints; the 
setting of board fees; and other provisions relating to board 
operations shall be as provided in chapter 214 and Laws 1976, 
chapter 222, sections 2 to 7.  The board shall have the 
authority to prescribe rules relative to the examination of 
applicants for license to practice chiropractic and for the 
annual renewal of licenses.  Vacancies caused by death or 
otherwise shall be filled by the governor within 60 days.  No 
member of the board shall be financially interested in any 
chiropractic school or college or be in any way affiliated with 
the practice of other methods of healing as are now regulated by 
law in this state. 
    Sec. 42.  Minnesota Statutes 1990, section 148.52, is 
amended to read: 
    148.52 [BOARD OF OPTOMETRY.] 
    The board of optometry shall consist of two public members 
as defined by section 214.02 and five qualified optometrists 
appointed by the governor.  Membership terms, compensation of 
members, removal of members, the filling of membership 
vacancies, and fiscal year and reporting requirements shall be 
as provided in sections 214.07 to 214.09. 
    The provision of staff, administrative services and office 
space; the review and processing of complaints; the setting of 
board fees; and other provisions relating to board operations 
shall be as provided in chapter 214 and Laws 1976, chapter 222, 
sections 2 to 7. 
    Sec. 43.  Minnesota Statutes 1990, section 148.90, 
subdivision 3, is amended to read: 
    Subd. 3.  Membership terms, compensation of members, 
removal of members, the filling of membership vacancies, and 
fiscal year and reporting requirements shall be as provided in 
sections 214.07 to 214.09.  The provision of staff, 
administrative services and office space; the review and 
processing of complaints; the setting of board fees; and other 
provisions relating to board operations shall be as provided in 
chapter 214 and Laws 1976, chapter 222, sections 2 to 7. 
    Sec. 44.  Minnesota Statutes 1990, section 150A.02, 
subdivision 1, is amended to read: 
    Subdivision 1.  There is hereby created a board of 
dentistry whose duty it shall be to carry out the purposes and 
enforce the provisions of sections 150A.01 to 150A.12.  The 
board shall consist of two public members as defined by section 
214.02, five qualified resident dentists, one qualified resident 
registered dental assistant, and one qualified resident dental 
hygienist appointed by the governor. Membership terms, 
compensation of members, removal of members, the filling of 
membership vacancies, and fiscal year and reporting requirements 
shall be as provided in sections 214.07 to 214.09.  The 
provision of staff, administrative services and office space; 
the review and processing of board complaints; the setting of 
board fees; and other provisions relating to board operations 
shall be as provided in chapter 214 and Laws 1976, chapter 222, 
sections 2 to 7.  Each board member who is a dentist, registered 
dental assistant, or dental hygienist shall have been lawfully 
in active practice in this state for five years immediately 
preceding appointment; and no board member shall be eligible for 
appointment to more than two consecutive four year terms, and 
members serving on the board at the time of the enactment hereof 
shall be eligible to reappointment provided they shall not have 
served more than nine consecutive years at the expiration of the 
term to which they are to be appointed.  At least 90 days prior 
to the expiration of the terms of dentists, registered dental 
assistants, or dental hygienists, the Minnesota dental 
association, Minnesota dental assistants association, or the 
Minnesota state dental hygiene association shall recommend to 
the governor for each term expiring not less than two dentists, 
two registered dental assistants, or two dental hygienists, 
respectively, who are qualified to serve on the board, and from 
the list so recommended the governor may appoint members to the 
board for the term of four years, the appointments to be made 
within 30 days after the expiration of the terms.  Within 60 
days after the occurrence of a dentist, registered dental 
assistant or dental hygienist vacancy, prior to the expiration 
of the term, in the board, the Minnesota dental association, the 
Minnesota dental assistants association, or the Minnesota state 
dental hygiene association shall recommend to the governor not 
less than two dentists, two registered dental assistants, or two 
dental hygienists, who are qualified to serve on the board and 
from the list so recommended the governor, within 30 days after 
receiving such list of dentists, may appoint one member to the 
board for the unexpired term occasioned by such vacancy.  Any 
appointment to fill a vacancy shall be made within 90 days after 
the occurrence of such vacancy.  The first four year term of the 
dental hygienist and of the registered dental assistant shall 
commence on the first Monday in January, 1977. 
    Sec. 45.  Minnesota Statutes 1990, section 151.03, is 
amended to read: 
    151.03 [MEMBERSHIP.] 
    Members of the board shall be appointed by the governor. 
Membership terms, compensation of members, removal of members, 
the filling of membership vacancies, and fiscal year and 
reporting requirements shall be as provided in sections 214.07 
to 214.09.  The provision of staff, administrative services and 
office space; the review and processing of complaints; the 
setting of board fees; and other provisions relating to board 
operations shall be as provided in chapter 214 and Laws 1976, 
chapter 222, sections 2 to 7.  Any pharmacist on the board who, 
during incumbency, ceases to be actively engaged in the practice 
of pharmacy in this state shall be automatically disqualified 
from membership. 
    Sec. 46.  Minnesota Statutes 1990, section 153.02, is 
amended to read: 
    153.02 [BOARD OF PODIATRIC MEDICINE.] 
    The governor shall appoint a board of podiatric medicine 
consisting of two public members as defined by section 214.02 
and five resident podiatrists.  The podiatrists must each hold a 
degree of doctor of podiatric medicine and be licensed to 
practice podiatric medicine under this chapter.  Membership 
terms, compensation of members, removal of members, the filling 
of membership vacancies, and fiscal year and reporting 
requirements shall be as provided in sections 214.07 to 214.09.  
The provision of staff, administrative services and office 
space; the review and processing of complaints; the setting of 
board fees; and other provisions related to board operations 
shall be as provided in chapter 214 and Laws 1976, chapter 222, 
sections 2 to 7. 
    The board shall elect from among its members a president 
and a secretary-treasurer.  The board may adopt rules as 
necessary to carry out the purposes of this chapter.  The 
members of the board may administer oaths and take testimony as 
to matters pertaining to the duties of the board.  Four members 
of the board shall constitute a quorum for the transaction of 
business.  The board shall have a common seal, which shall be 
kept by the executive director. 
    Sec. 47.  Minnesota Statutes 1990, section 154.22, is 
amended to read: 
    154.22 [BOARD OF BARBER EXAMINERS CREATED; TERMS.] 
    A board of barber examiners is established to consist of 
four members appointed by the governor.  Three of such members 
shall be practical barbers who have followed the occupation of a 
registered barber in this state for at least five years 
immediately prior to their appointment; shall be graduates from 
the 12th grade of a high school, or have an equivalent 
education; and shall have knowledge of the matters to be taught 
in approved schools of barbering, as set forth in section 
154.07.  The remaining member of the board shall be a public 
member as defined by section 214.02.  One of the members shall 
be a member of, or recommended by, a union of journeymen barbers 
which shall have existed at least two years, and one shall be a 
member of, or recommended by, the master barbers association of 
Minnesota. 
    Membership terms, compensation of members, removal of 
members, the filling of membership vacancies, and fiscal year 
and reporting requirements shall be as provided in sections 
214.07 to 214.09. The provision of staff, administrative 
services and office space; the review and processing of 
complaints; the setting of board fees; and other provisions 
relating to board operations shall be as provided in chapter 214 
and Laws 1976, chapter 222, sections 2 to 7. 
    Members appointed to fill vacancies caused by death, 
resignation, or removal shall serve during the unexpired term of 
their predecessors. 
    Sec. 48.  Minnesota Statutes 1990, section 156.01, is 
amended to read: 
    156.01 [STATE BOARD OF VETERINARY MEDICINE.] 
    Subdivision 1.  There is hereby created a state board of 
veterinary medicine which shall consist of two public members as 
defined by section 214.02 and five qualified veterinarians 
appointed by the governor.  Each appointee shall be a resident 
of the state of Minnesota, and the veterinarian members of the 
board shall have practiced veterinary medicine in this state for 
at least five years prior to their appointment and shall be 
graduates of an accredited veterinary college.  Membership 
terms, compensation of members, removal of members, the filling 
of membership vacancies, and fiscal year and reporting 
requirements shall be as provided in sections 214.07 to 214.09.  
The provision of staff, administrative services and office 
space; the review and processing of complaints; the setting of 
board fees; and other provisions relating to board operations 
shall be as provided in chapter 214 and Laws 1976, chapter 222, 
sections 2 to 7. 
    Sec. 49.  Minnesota Statutes 1990, section 270.42, is 
amended to read: 
    270.42 [MEMBERSHIP.] 
    Membership terms, compensation of members, removal of 
members, the filling of membership vacancies, and fiscal year 
and reporting requirements shall be as provided in sections 
214.07 to 214.09.  The provision of staff, administrative 
services and office space; the review and processing of 
complaints; the setting of board fees; and other provisions 
relating to board operations shall be as provided in chapter 214 
and Laws 1976, chapter 222, sections 2 to 7. 
    Sec. 50.  Minnesota Statutes 1990, section 326.04, is 
amended to read: 
    326.04 [BOARD OF ARCHITECTURE, ENGINEERING, LAND SURVEYING 
AND LANDSCAPE ARCHITECTURE.] 
    To carry out the provisions of sections 326.02 to 326.15 
there is hereby created a board of architecture, engineering, 
land surveying and landscape architecture (hereinafter called 
the board) consisting of 17 members, who shall be appointed by 
the governor.  Three members shall be licensed architects, five 
members shall be licensed engineers, one member shall be a 
licensed landscape architect, two members shall be licensed land 
surveyors and six members shall be public members.  Not more 
than one member of said board shall be from the same branch of 
the profession of engineering.  The first landscape architect 
member shall be appointed as soon as possible and no later than 
60 days after August 1, 1975 and shall serve for a term to end 
on January 1, 1977.  Membership terms, compensation of members, 
removal of members, the filling of membership vacancies, and 
fiscal year and reporting requirements shall be as provided in 
sections 214.07 to 214.09.  The provision of staff, 
administrative services and office space; the review and 
processing of complaints; the setting of board fees; and other 
provisions relating to board operations shall be as provided in 
chapter 214 and Laws 1976, chapter 222, sections 2 to 7.  
    Sec. 51.  Minnesota Statutes 1990, section 341.01, is 
amended to read: 
    341.01 [CREATION.] 
    There is hereby created the board of boxing, to consist of 
seven members, citizens of this state, two of whom shall be 
public members as defined by section 214.02.  Membership terms, 
compensation of members, removal of members, the filling of 
membership vacancies, and fiscal year and reporting requirements 
shall be as provided in sections 214.07 to 214.09.  The 
provision of staff, administrative services and office space; 
the review and processing of complaints; the setting of board 
fees; and other provisions relating to board operations shall be 
as provided in chapter 214 and Laws 1976, chapter 222, sections 
2 to 7. 
    Sec. 52.  Minnesota Statutes 1990, section 386.63, 
subdivision 1, is amended to read: 
    Subdivision 1.  There is hereby created the board of 
abstracters whose duties it shall be to administer the 
provisions of sections 386.61 to 386.76.  The board shall 
consist of seven members to be appointed by the governor.  Four 
persons so appointed shall be residents of this state and 
actually engaged in the business of making abstracts of title to 
real estate for at least five years immediately preceding the 
time of their appointment, but no more than one such member 
shall be from a county containing a city of the first class.  
The fifth member of the board shall be an attorney at law 
admitted to practice in the state of Minnesota.  The remaining 
members shall be public members as defined in section 214.02.  
Membership terms, compensation of members, removal of members, 
the filling of membership vacancies, and fiscal year and 
reporting requirements shall be as provided in sections 214.07 
to 214.09.  The provision of staff, administrative services and 
office space; the review and processing of complaints; the 
setting of fees; and other provisions relating to board 
operations shall be as provided in chapter 214 and Laws 1976, 
chapter 222, sections 2 to 7. 
    Sec. 53.  Minnesota Statutes 1990, section 152.022, 
subdivision 1, is amended to read: 
    Subdivision 1.  [SALE CRIMES.] A person is guilty of 
controlled substance crime in the second degree if: 
    (1) on one or more occasions within a 90-day period the 
person unlawfully sells one or more mixtures of a total weight 
or of three grams or more containing cocaine base; 
    (2) on one or more occasions within a 90-day period the 
person unlawfully sells one or more mixtures of a total weight 
of ten grams or more containing a narcotic drug; 
    (3) on one or more occasions within a 90-day period the 
person unlawfully sells one or more mixtures of a total weight 
of ten grams or more containing methamphetamine, amphetamine, 
phencyclidine, or hallucinogen or, if the controlled substance 
is packaged in dosage units, equaling 50 or more dosage units; 
    (4) on one or more occasions within a 90-day period the 
person unlawfully sells one or more mixtures of a total weight 
of 25 kilograms or more containing marijuana or 
Tetrahydrocannabinols; 
    (5) the person unlawfully sells any amount of a schedule I 
or II narcotic drug to a person under the age of 18, or 
conspires with or employs a person under the age of 18 to 
unlawfully sell the substance; or 
    (6) the person unlawfully sells any amount of a schedule I 
or II narcotic drug in a school zone or a park zone. 
    Sec. 54.  Minnesota Statutes 1990, section 152.023, 
subdivision 2, is amended to read: 
    Subd. 2.  [POSSESSION CRIMES.] A person is guilty of 
controlled substance crime in the third degree if: 
    (1) the person unlawfully possesses one or more mixtures of 
a total weight of three grams or more containing cocaine base; 
    (2) the person unlawfully possesses one or more mixtures of 
a total weight of ten grams or more containing a narcotic drug; 
    (3) the person unlawfully possesses one or more mixtures 
containing a narcotic drug with the intent to sell it; 
    (4) the person unlawfully possesses one or more mixtures 
containing a narcotic drug, it is packaged in dosage units, and 
equals 50 or more dosage units; or 
    (5) the person unlawfully possesses any amount of a 
schedule I or II narcotic drug in a school zone or a park zone; 
or 
    (6) the person unlawfully possesses one or more mixtures of 
a total weight of ten kilograms or more containing marijuana or 
Tetrahydrocannabinols. 
    Sec. 55.  Minnesota Statutes 1990, section 161.17, 
subdivision 2, is amended to read: 
    Subd. 2.  [INTERSTATE SYSTEM.] It is hereby declared that 
construction of the interstate system of highways will vitally 
affect the future development of the cities through which these 
routes pass and such municipalities should have an important 
role in the development of this highway system; that on the 
other hand the future planning and programming of construction 
projects over a period of years is necessary to take maximum 
advantage of federal aid and to build a unified and coordinated 
interstate system; that excessive delay in local approval of 
plans for construction of one segment may seriously impede 
completion of the entire system and adversely affect other 
municipalities along the interstate routes; that the mutual 
exchange of information and close cooperation between the 
department and local governing bodies should be encouraged by 
improved administrative processes for securing orderly review of 
plans and the resolution of differences over interstate routes 
and projects; and that the provisions of subdivision 1 sections 
161.171 to 161.177 for local approval of trunk highway plans 
must be modified for the interstate highway system in the light 
of these various considerations.  Before proceeding with the 
preparation of the final plans for the construction, 
reconstruction, or improvement of any route on the interstate 
system lying within any city, the commissioner shall submit to 
its governing body preliminary plans covering the route 
location.  The preliminary plans shall be submitted as part of a 
report containing such supporting data that the commissioner 
deems helpful to the governing body in appraising the plans 
submitted. 
    Any public hearing on location of an interstate route held 
in compliance with federal requirements shall be held at least 
one month after submission to the governing body of the report 
provided for in this subdivision.  After the public hearing and 
on preparing final plans, the commissioner shall submit the 
final plans to the governing body for approval.  If the 
governing body does not approve the final plans within three 
months after submitted, the commissioner may refer the plans to 
(1) the Twin Cities Metropolitan Area Planning Commission, if 
the project is within the area of its jurisdiction, or (2) the 
municipal advisory committee on state-aid rules established 
under section 162.09, subdivision 2, if the project is elsewhere 
in the state.  If a member of the advisory committee is from the 
municipality concerned that member shall be excused.  If the 
plans are so referred, the commission or committee shall give 
the commissioner and the governing body ample opportunity to 
present the case for or against approval of the plans so 
referred.  Not later than three months after such hearings and 
independent study as it deems desirable, it shall approve or 
disapprove such plans, making such additional recommendations 
consistent with state and federal requirements as it deems 
appropriate, and it shall submit a written report containing its 
findings and recommendations to the commissioner and the 
governing body.  The commissioner shall not proceed with the 
proposed construction, reconstruction, or improvement except in 
accordance with plans approved by the governing body or, if 
referred to the commission or committee, until after the 
commission or committee has made its report, and then only after 
the governing body has had an additional 90 days within which to 
consider the plans originally submitted or such modified plans 
as may be submitted to it by the commissioner following the 
report of the commission or committee.  If within such 90-day 
period, the governing body does not approve the plans submitted 
to it, and if the commissioner then wishes to proceed with the 
project according to plans differing substantially from the 
plans recommended by the commission or committee in its report, 
the commissioner shall, before proceeding with the project, file 
a written report with the commission or committee and the 
governing body stating fully the reasons for doing so.  Whenever 
plans are referred to the Twin Cities Metropolitan Area Planning 
Commission, the commission shall be reimbursed from the trunk 
highway fund for actual and necessary expenses incurred by the 
commission in staff work incident to consideration of plans and 
action thereon by the commission.  Whenever plans are referred 
to the advisory committee on rules, members of the committee 
shall be paid their necessary expenses to the same extent and in 
the same manner as for its duties in considering the 
commissioner's rules.  
    Sec. 56.  Minnesota Statutes 1990, section 168.325, 
subdivision 3, is repealed.  
    Sec. 57.  Minnesota Statutes 1988, section 169.126, 
subdivision 2, as amended by Laws 1990, chapter 602, article 2, 
section 4, is reenacted.  
    Sec. 58.  Laws 1990, chapter 602, article 2, section 10, is 
amended to read:  
    Sec. 10.  [REPEALER.] 
    Minnesota Statutes 1988, sections 169.124, subdivisions 2 
and 3; and 169.126, subdivisions 2, 3, and 4b; and Minnesota 
Statutes 1989 Supplement, section 169.126, subdivision 4a, are 
repealed.  
    Sec. 59.  Minnesota Statutes 1990, section 171.015, 
subdivision 4, is repealed. 
    Sec. 60.  Minnesota Statutes 1990, section 237.161, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CRITERIA.] (a) The commission shall grant 
a petition for installation of extended area service only when 
each of the following criteria has been met: 
    (1) the petitioning exchange is contiguous to an exchange 
or local calling area to which extended area service is 
requested in the petition; 
    (2) polling by the commission shows that a majority of the 
customers responding to a poll in the petitioning exchange favor 
its installation, unless all parties and the commission agree 
that no polling is necessary; and 
    (3) at least 50 percent of the customers in the petitioning 
exchange make one or more calls per month to the exchange or 
local calling area to which extended area service is requested, 
as determined by a traffic study. 
    The rate to the polled exchange must be available to its 
customers before the commission determines what proportion of 
them favor the installation of extended area service. 
    (b) For the purpose of paragraph (a), clause (3), the 
commission shall include as a customer an FX telephone service 
subscriber in the petitioning exchange whose FX service is 
provided through the exchange or an exchange within the local 
calling area to which extended area service is sought.  For the 
purposes of this subdivision, "FX" means tariffed telephone toll 
service provided by placing a telephone line from another 
telephone exchange area in the telephone customer's exchange 
area. 
     (c) When the local calling area to which extended service 
is sought is the metropolitan local calling area in Anoka, 
Carver, Dakota, Hennepin, Ramsey, Scott, and Washington counties 
and the petitioning exchange meets the criteria in paragraph 
(a), the telephone company serving the petitioning exchange 
shall make local measured service or another lower cost 
alternative to basic flat-rate service available to customers in 
the petitioning exchange. 
    Sec. 61.  Minnesota Statutes 1990, section 256B.059, 
subdivision 4, is amended to read: 
    Subd. 4.  [INCREASED COMMUNITY SPOUSE ASSET ALLOWANCE; WHEN 
ALLOWED.] (a) If either the institutionalized spouse or 
community spouse establishes that the community spouse asset 
allowance under subdivision 3 (in relation to the amount of 
income generated by such an allowance) is not sufficient to 
raise the community spouse's income to the minimum monthly 
maintenance needs allowance in section 256B.058, subdivision 2, 
paragraph (c), there shall be substituted for the amount allowed 
to be transferred an amount sufficient, when combined with the 
monthly income otherwise available to the spouse, to provide the 
minimum monthly maintenance needs allowance.  A substitution 
under this paragraph may be made only if the assets of the 
couple have been arranged so that the maximum amount of 
income-producing assets, at the maximum rate of return, are 
available to the community spouse under the community spouse 
asset allowance.  The maximum rate of return is the average rate 
of return available from the financial institution holding the 
asset, or a rate determined by the commissioner to be reasonable 
according to community standards, if the asset is not held by a 
financial institution. 
    (b) The community spouse asset allowance under subdivision 
3 can be increased by court order or hearing that complies with 
the requirements of United States Code, title 42, section 1924 
1396r-5. 
    Sec. 62.  Minnesota Statutes 1990, section 273.1398, 
subdivision 5a, is amended to read: 
    Subd. 5a.  [AID ADJUSTMENT FOR COUNTY HUMAN SERVICES AID.] 
(a) There shall be transferred to the human services aid account 
from the payment to a county under subdivision 2 an amount 
representing a county's human services aid increase as 
calculated in subdivision 5b, paragraphs (a) to (c).  The amount 
calculated for each county shall be deducted equally from the 
July and December payments to the county under this section in 
1991 and subsequent years.  The amount of the payments under 
subdivision 2 shall not be less than zero as a result of this 
adjustment. 
    Sec. 63.  Minnesota Statutes 1990, section 275.50, 
subdivision 5, is amended to read: 
    Subd. 5.  Notwithstanding any other law to the contrary for 
taxes levied in 1990 payable in 1991 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.  This limit may be redistributed 
according to the provisions of section 134.342.  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, as amended by Laws 1990, 
chapter 604, article 9, section 14; 
     (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. 
     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; 
     (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); 
     (w) pay the unreimbursed costs of per diem jail or 
correctional facilities services paid by the county in the 
previous 12-month period ending on July 1 of the current year 
provided that the county is operating under a department of 
corrections directive that limits the capacity of a county jail 
as authorized in section 641.01 or 641.262, or a correctional 
facility as defined in section 241.021, subdivision 1, paragraph 
(5); 
     (x) for taxes levied in 1990 and 1991, payable in 1991 and 
1992 only, pay the operating or maintenance costs of a county 
jail as authorized in section 641.01 or 641.262, or of a 
correctional facility as defined in section 241.021, subdivision 
1, paragraph (5), to the extent that the county can demonstrate 
to the commissioner of revenue that the amount has been included 
in the county budget as a direct result of a rule, minimum 
requirement, minimum standard, or directive of the department of 
corrections.  If the county utilizes this special levy, any 
amount levied by the county in the previous levy year for the 
purposes specified under this clause and included in the 
county's previous year's levy limitation computed under section 
275.51, shall be deducted from the levy limit base under section 
275.51, subdivision 3f, when determining the county's current 
year levy limitation.  The county shall provide the necessary 
information to the commissioner of revenue for making this 
determination; 
     (y) for taxes levied in 1990, payable in 1991 only, pay an 
amount equal to the unreimbursed county costs paid in 1989 and 
1990 for the purpose of grasshopper control; and, for taxes 
levied in 1991 payable in 1992 only, pay an amount equal to the 
unreimbursed county costs paid in 1991 for the purpose of 
grasshopper control; 
     (z) for a county, provide an amount needed to fund 
comprehensive local water implementation activities under 
sections 103B.3361 to 103B.3369 as provided in this clause. 
     A county may levy an amount not to exceed the water 
implementation local tax rate times the adjusted net tax 
capacity of the county for the preceding year.  The water 
implementation local tax rate shall be set by August 1 each year 
by the commissioner of revenue for taxes payable in the 
following year.  As used in this paragraph, the "adjusted net 
tax capacity of the county" means the net tax capacity of the 
county as equalized by the commissioner of revenue based upon 
the results of an assessment/sales ratio study.  That rate shall 
be the rate, rounded up to the nearest one-thousandth of a 
percent, that, when applied to the adjusted net tax capacity for 
all counties, raises the amount specified in this clause.  The 
water implementation local tax rate for taxes levied in 1990 
shall be the rate that raises $1,500,000 and the rate for taxes 
levied in 1991 shall be the rate that raises $1,500,000.  A 
county must levy a tax at the rate established under this clause 
to qualify for a grant from the board of water and soil 
resources under section 103B.3369, subdivision 5; 
     (aa) pay the unreimbursed county costs for court-ordered 
family-based services and court-ordered out-of-home placement 
for children to the extent that the county can demonstrate to 
the commissioner of revenue that the estimated amount included 
in the county's budget for the following levy year is for the 
purposes specified under this clause.  For purposes of this 
special levy, costs for "family-based services" and "out-of-home 
placement" means costs resulting from court-ordered targeted 
family services designed to avoid out-of-home placement and from 
court-ordered out-of-home placement under the provisions of 
sections 260.172 and 260.191, which are unreimbursed by the 
state or federal government, insurance proceeds, or parental or 
child obligations.  Any amount levied under this clause must 
only be used by the county for the purposes specified in this 
clause.  
     If the county uses this special levy and the county levied 
an amount in the previous levy year, for the purposes specified 
under this clause, under another special levy or under the levy 
limitation in section 275.51, the following adjustments must be 
made: 
     (i) The amount levied in the previous levy year for the 
purposes specified under this clause under the levy limitation 
in section 275.51 must be deducted from the levy limit base 
under section 275.51, subdivision 3f, when determining the 
current year levy limitation. 
     (ii) The amount levied in the previous levy year, for the 
purposes specified under clause (a) or (u) must be deducted from 
the previous year's amount used to calculate the maximum amount 
allowable under clause (a) in the current levy year; and 
     (bb) pay the amounts allowed as special levies under Laws 
1989, First Special Session chapter 1, article 5, section 50, 
and subdivisions 5a and 5b. 
    Sec. 64.  Minnesota Statutes 1990, section 297A.25, 
subdivision 8, is amended to read: 
    Subd. 8.  [CLOTHING.] The gross receipts from the sale of 
clothing and wearing apparel are exempt, except the following: 
    (1) all articles commonly or commercially known as jewelry, 
whether real or imitation; pearls, precious and semiprecious 
stones, and imitations thereof; articles made of, or ornamented, 
mounted or fitted with precious metals or imitations thereof; 
watches; clocks; cases and movements for watches and clocks; 
gold, gold-plated, silver, or sterling flatware or hollowware 
and silver-plated hollowware; opera glasses; lorgnettes; marine 
glasses; field glasses and binoculars; 
    (2) articles made of fur on the hide or pelt, and articles 
of which such fur is the component material or chief value, but 
only if such value is more than three times the value of the 
next most valuable component material; 
    (3) perfume, essences, extracts, toilet waters, cosmetics, 
petroleum jellies, hair oils, pomades, hair dressings, hair 
restoratives, hair dyes, aromatic cachous and toilet powders.  
The tax imposed by this chapter shall not apply to lotion, oil, 
powder, or other article articles intended to be used or applied 
only in the case of babies; 
    (4) trunks, valises, traveling bags, suitcases, satchels, 
overnight bags, hat boxes for use by travelers, beach bags, 
bathing suit bags, brief cases made of leather or imitation 
leather, salespeople's sample and display cases, purses, 
handbags, pocketbooks, wallets, billfolds, card, pass, and key 
cases and toilet cases. 
    Sec. 65.  Minnesota Statutes 1990, section 298.17, is 
amended to read: 
    298.17 [OCCUPATION TAXES TO BE APPORTIONED.] 
    All occupation taxes paid by persons, copartnerships, 
companies, joint stock companies, corporations, and 
associations, however or for whatever purpose organized, engaged 
in the business of mining or producing iron ore or other ores, 
when collected shall be apportioned and distributed in 
accordance with the Constitution of the state of Minnesota, 
article 10, section 3, in the manner following:  90 percent 
shall be deposited in the state treasury and credited to the 
general fund of which four-ninths shall be used for the support 
of elementary and secondary schools; and ten percent of the 
proceeds of the tax imposed by this section shall be deposited 
in the state treasury and credited to the general fund for the 
general support of the university.  Of the moneys apportioned to 
the general fund by this section there is annually appropriated 
and credited to the iron range resources and rehabilitation 
board account in the special revenue fund an amount equal to 
that which would have been generated by a one cent tax imposed 
by section 298.24 on each taxable ton produced in the preceding 
calendar year, to be expended for the purposes of section 
298.22.  The money appropriated pursuant to this section shall 
be used (1) to provide environmental development grants to local 
governments located within any county in region 3 as defined in 
governor's executive order number 68 60, issued on June 12, 
1970, which does not contain a municipality qualifying pursuant 
to section 273.134 or (2) to provide economic development loans 
or grants to businesses located within any such county, provided 
that the county board or an advisory group appointed by the 
county board to provide recommendations on economic development 
shall make recommendations to the iron range resources and 
rehabilitation board regarding the loans.  Payment to the iron 
range resources and rehabilitation board account shall be made 
by May 15 annually. 
    Sec. 66.  Minnesota Statutes 1990, section 299A.41, 
subdivision 1, is amended to read: 
    Subdivision 1.  [SCOPE.] The definitions used in this 
section apply in this chapter to sections 299A.41 to 299A.46. 
    Sec. 67.  Minnesota Statutes 1990, section 299F.362, 
subdivision 8, is repealed.  
    Sec. 68.  Minnesota Statutes 1990, section 299F.451, 
subdivision 1, is amended to read: 
    Subdivision 1.  Except where the context requires 
otherwise, the terms defined in subdivisions 2 to 5 and 3 have 
the meanings given them.  
    Sec. 69.  Minnesota Statutes 1990, section 299F.72, 
subdivision 1, is amended to read: 
    Subdivision 1.  For the purposes of Laws 1971, chapter 845 
sections 299F.71 to 299F.83; 609.48, subdivision 4; 609.52, 
subdivision 3; 609.561; 609.562; 609.563; and 609.713, the terms 
defined in this section have the meanings given them.  
    Sec. 70.  Minnesota Statutes 1990, section 317A.021, 
subdivision 7, is amended to read: 
    Subd. 7.  [NONELECTING NONPROFIT CORPORATIONS SUBJECT TO 
THIS CHAPTER AS OF JANUARY 1, 1991.] (a) A corporation in 
existence on January 1, 1991, that is within the scope of this 
chapter and incorporated under another statute of this state, 
other than a corporation incorporated under chapter 300, 309, or 
315 that has not later become governed by Minnesota Statutes 
1988, chapter 317, is governed by this chapter as of January 1, 
1991, as though the corporation had been incorporated under this 
chapter.  The provisions of the articles and bylaws of the 
corporation that may be included in the articles or bylaws under 
this chapter remain in effect.  The provisions of the articles 
and bylaws of the corporation that are inconsistent with this 
chapter are not effective as of January 1, 1991.  Provisions 
required by this chapter to be contained in the articles that do 
not appear in the articles are read into them as a matter of law.
    (b) On and after January 1, 1991, a corporation that 
elected to reject Laws 1951, chapter 500 550, sections 1 to 25, 
that does not elect to be governed by this entire chapter is 
governed by sections 317A.131 to 317A.151; 317A.461; and 
317A.601 to 317A.791. 
    Sec. 71.  Minnesota Statutes 1990, section 325E.045, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITIONS.] The definitions in this 
subdivision apply to this section.  
    (a) "Degradable" means capable of being decomposed by 
natural biological processes, including exposure to ultraviolet 
rays of the sun, within five years after the date of disposal. 
    (b) "Person" means an individual, partnership, corporation, 
sole proprietorship, association, or other for-profit or 
nonprofit organization, including the state and its political 
subdivisions. 
    (c) "Polyethylene disposal bag" means a bag made of 
polyethylene that is used or intended to be used for disposal of 
mixed municipal solid waste as defined in section 115A.03. 
    (d) "Polyethylene beverage ring" means a device made of 
polyethylene that is used or intended to be used to hold 
beverage bottles or other beverage containers together. 
    (e) "Public agency" means the state, an office, agency, or 
institution of the state, a county, a statutory or home rule 
charter city, a town, a school district, or another special 
taxing district.  
    Sec. 72.  Minnesota Statutes 1990, section 354A.094, 
subdivision 7, is amended to read: 
    Subd. 7.  Only teachers who are in the bargaining unit as 
defined in section 179A.03, subdivision 7, during the year 
preceding the period of part time employment pursuant to this 
section shall qualify for full membership in, accrual of service 
credit from, and employee contributions to a teachers retirement 
fund association for part time teaching service pursuant to 
subdivision 4.  Notwithstanding the provisions of section 
179A.03, subdivision 15 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. 73.  Minnesota Statutes 1990, section 384.14, is 
amended to read: 
    384.14 [DESTRUCTION OF RECORDS.] 
    The auditors of the several counties are authorized, with 
the consent and approval of their county boards and judge of the 
district court, to destroy the following vouchers, files, 
records, and papers of their offices at the time and under the 
conditions herein specified: 
    (1) Claims and vouchers paid by the county more than ten 
years prior to such destruction; 
    (2) Receipts for taxes paid more than ten years prior 
thereto; 
    (3) Treasurers' checks paid more than ten years prior 
thereto; 
    (4) Receipts for mortgage registration taxes paid more than 
ten years prior thereto; 
    (5) Miscellaneous receipts, delinquent tax statements and 
miscellaneous papers and correspondence bearing dates more than 
ten years prior thereto; 
    (6) With written approval of the treasurer county warrants 
paid more than ten years prior thereto.  
    The auditor, instead of personally destroying any 
miscellaneous papers and correspondence, or any other documents, 
instruments, or papers which may be of historical value, shall 
forward the same those items to the Minnesota state archives 
commission, St. Paul, Minnesota, and such commission is 
authorized to permanently preserve any matter found therein 
deemed by it to be of historical value and to destroy all other 
documents, papers, and matters so received by it for disposition 
in accordance with section 138.17.  
    Sec. 74.  Minnesota Statutes 1990, section 466.05, 
subdivision 1, is amended to read: 
    Subdivision 1.  [NOTICE REQUIRED.] Except as provided 
in subdivisions subdivision 2 and 3, every person, whether 
plaintiff, defendant or third party plaintiff or defendant, who 
claims damages from any municipality or municipal employee 
acting within the scope of employment for or on account of any 
loss or injury within the scope of section 466.02 shall cause to 
be presented to the governing body of the municipality within 
180 days after the alleged loss or injury is discovered a notice 
stating the time, place and circumstances thereof, the names of 
the municipal employees known to be involved, and the amount of 
compensation or other relief demanded.  Actual notice of 
sufficient facts to reasonably put the governing body of the 
municipality or its insurer on notice of a possible claim shall 
be construed to comply with the notice requirements of this 
section.  Failure to state the amount of compensation or other 
relief demanded does not invalidate the notice; but in such 
case, the claimant shall furnish full information regarding the 
nature and extent of the injuries and damages within 15 days 
after demand by the municipality.  The time for giving such 
notice does not include the time, during which the person 
injured is incapacitated by the injury from giving the notice. 
    Sec. 75.  Minnesota Statutes 1990, section 400.03, 
subdivision 1, is amended to read: 
    Subdivision 1.  For the purposes of sections 400.01 to 
400.17 the terms defined in this section have the meaning given 
them.  The terms defined in chapter 116 and section 115A.03, 
also apply to the terms used in sections 400.01 to 400.17.  
    Sec. 76.  Minnesota Statutes 1990, section 473.844, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ESTABLISHMENT; PURPOSES.] The metropolitan 
landfill abatement account is in the environmental fund in order 
to reduce to the greatest extent feasible and prudent the need 
for and practice of land disposal of mixed municipal solid waste 
in the metropolitan area.  The account consists of revenue 
deposited in the account under section 473.843, subdivision 2, 
clause (a) (1), and interest earned on investment of money in 
the account.  All repayments to loans made under this section 
must be credited to the account.  The money in the account may 
be spent only for purposes of metropolitan landfill abatement as 
provided in subdivision 1a and only upon appropriation by the 
legislature. 
    Sec. 77.  Minnesota Statutes 1990, section 473.845, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ESTABLISHMENT.] The metropolitan landfill 
contingency action trust fund is an expendable trust fund in the 
state treasury.  The fund consists of revenue deposited in the 
fund under section 473.843, subdivision 2, clause (b) (2); 
amounts recovered under subdivision 7; and interest earned on 
investment of money in the fund.  
    Sec. 78.  Minnesota Statutes 1990, section 474A.081, 
subdivisions 1, 2, and 4, are repealed.  
    Sec. 79.  Minnesota Statutes 1990, section 508.36, is 
amended to read: 
    508.36 [CERTIFICATES AND COPIES AS EVIDENCE.] 
    The original certificate of title in the registrar register 
of titles, any copy of it duly certified by the registrar, or by 
a deputy, and authenticated by the registrar's seal, and 
likewise the owner's duplicate certificate of title shall be 
received in evidence in all the courts of this state and be 
conclusive evidence of all matters and things contained in it.  
In case of variance between the owner's duplicate certificate 
and the original certificate of title, the original certificate 
shall prevail.  Deeds, mortgages, leases, or other conveyances 
of real estate, and all instruments in any manner affecting the 
title to registered land, together with any notations, 
endorsements, or memorials upon the same made by the registrar 
of titles, as required by law, heretofore or hereafter filed 
with the registrar, shall be received in evidence in all the 
courts of this state, without further or other proof, and be 
prima facie evidence of the contents of it.  Duly authenticated 
copies of these instruments, or any of them, may likewise be 
received in evidence in any court in this state with like force 
and effect as the original instruments. 
    Sec. 80.  Minnesota Statutes 1990, section 529.16, is 
amended to read: 
    529.16 [DISTRIBUTION ON TERMINATION.] 
    (a) Upon termination of a custodial trust, the custodial 
trustee shall transfer the unexpended custodial trust property: 
    (1) to the beneficiary, if not incapacitated or deceased; 
    (2) to the holder of the beneficiary's power of attorney; 
    (3) to the conservator or other recipient designated by the 
court for an incapacitated beneficiary; or 
    (4) upon the beneficiary's death, in the following order: 
    (i) to the survivor of multiple beneficiaries if 
survivorship is provided for pursuant to section 529.06 529.05; 
    (ii) as designated in the instrument creating the custodial 
trust; or 
    (iii) to the estate of the deceased beneficiary. 
    (b) If, when the custodial trust would otherwise terminate, 
the distributee is incapacitated, the custodial trust continues 
for the use and benefit of the distributee as beneficiary until 
the incapacity is removed or the custodial trust is otherwise 
terminated. 
    (c) Death of a beneficiary does not terminate the power of 
the custodial trustee to discharge obligations of the custodial 
trustee or beneficiary incurred before the termination of the 
custodial trust. 
    Sec. 81.  Minnesota Statutes 1990, section 551.05, 
subdivision 1, is amended to read: 
     Subdivision 1.  [EXEMPTION NOTICE.] If the writ of 
execution is being used by the attorney to levy funds of a 
judgment debtor who is a natural person and if the funds to be 
levied are held on deposit at any financial institution, the 
attorney for the judgment creditor shall serve with the writ of 
execution two copies of an exemption notice.  The notice must be 
substantially in the form set forth below.  Failure of the 
attorney for the judgment creditor to send the exemption notice 
renders the execution levy void, and the financial institution 
shall take no action.  However, if this subdivision is being 
used to execute on funds that have previously been garnished in 
compliance with section 571.71, the attorney for judgment 
creditor is not required to serve an additional exemption 
notice.  In that event, the execution levy shall only be 
effective as to the funds that were subject to the prior 
garnishment.  Upon receipt of the writ of execution and 
exemption notices, the financial institution shall retain as 
much of the amount due under section 550.04 as the financial 
institution has on deposit owing to the judgment debtor, but not 
more than 100 percent of the amount remaining due on the 
judgment, or $5,000, whichever is less.  
     The notice informing a judgment debtor that an execution 
levy has been used to attach funds of the judgment debtor to 
satisfy a claim must be substantially in the following form: 
STATE OF MINNESOTA                             DISTRICT COURT 
County of ................         .........JUDICIAL DISTRICT 
................(Judgment Creditor)
................(Judgment Debtor) 
TO:  Judgment Debtor                 EXEMPTION NOTICE 
     An order for attachment, garnishment summons, or levy of 
execution (strike inapplicable language) has been served on 
............. (bank or other financial institution where you 
have an account).  
     Your account balance is $........  
     The amount being held is $........  
     However, all or a portion of the funds in your account will 
normally be exempt from creditors' claims if they are in one of 
the following categories:  
     (1) relief based on need.  This includes:  Aid to Families 
with Dependent Children (AFDC), AFDC-Emergency Assistance 
(AFDC-EA), Medical Assistance (MA), General Assistance (GA), 
General Assistance Medical Care (GAMC), Emergency General 
Assistance (EGA), Work Readiness, Minnesota Supplemental Aid 
(MSA), MSA Emergency Assistance (MSA-EA), Supplemental Security 
Income (SSI), and Energy Assistance; 
     (2) Social Security benefits (Old Age, Survivors, or 
Disability Insurance); 
     (3) unemployment compensation, workers' compensation, or 
veterans' benefits; 
    (4) an accident, disability, or retirement pension or 
annuity; 
    (5) life insurance proceeds; 
    (6) the earnings of your minor child; or 
    (7) money from a claim for damage or destruction of exempt 
or property (such as household goods, farm tools, business 
equipment, a mobile home, or a car).  
    The following funds are also exempt: 
    (8) all earnings of a person in category (1); 
    (9) all earnings of a person who has received relief based 
on need, or who has been an inmate of a correctional 
institution, within the last six months; 
    (10) 75 percent of every judgment debtor's after tax 
earnings; or 
    (11) all of a judgment debtor's after tax earnings below 40 
times the federal minimum wage.  
    TIME LIMIT ON EXEMPTIONS AFTER DEPOSIT IN BANK:  
    Categories (10) and (11):  20 days 
    Categories (8) and (9):  60 days 
    All others:  no time limit, as long as funds are traceable 
to the exempt source.  (In tracing funds, the first-in, 
first-out method is used.  This means money deposited first is 
spent first.)  The money being sought by the judgment creditor 
is being held in your account to give you a chance to claim an 
exemption. 
     TO CLAIM AN EXEMPTION:  
     Fill out, sign, and mail or deliver one copy of the 
attached exemption claim form to the institution which sent you 
this notice and mail or deliver one copy to the judgment 
creditor's attorney.  The address for the judgment creditor's 
attorney is set forth below.  Both copies must be mailed or 
delivered on the same day.  
     If they do not get the exemption claim back from you within 
14 days of the date they mailed or gave it to you, they will be 
free to turn the money over to the attorney for the judgment 
creditor.  If you are going to claim an exemption, do so as soon 
as possible, because your money may be held until it is decided. 
     IF YOU CLAIM AN EXEMPTION:  
     (1) nonexempt money can be turned over to the judgment 
creditor or sheriff; 
     (2) the financial institution will keep holding the money 
claimed to be exempt; and 
     (3) seven days after receiving your exemption claim, the 
financial institution will release the money to you unless 
before then it receives an objection to your exemption claim.  
     IF THE JUDGMENT CREDITOR OBJECTS TO YOUR EXEMPTION CLAIM: 
     the institution will hold the money until a court decides 
if your exemption claim is valid, BUT ONLY IF the institution 
gets a copy of your court motion papers asserting the exemption 
WITHIN TEN DAYS after the objection is mailed or given to you.  
You may wish to consult an attorney at once if the judgment 
creditor objects to your exemption claim.  
     MOTION TO DETERMINE EXEMPTION:  
     At any time after your funds have been held, you may ask 
for a court decision on the validity of your exemption claim by 
filing a request for hearing which may be obtained at the office 
of the clerk of the above court. 
     PENALTIES:  
     If you claim an exemption in bad faith, or if the judgment 
creditor wrongly objects to an exemption in bad faith, the court 
may order the person who acted in bad faith to pay costs, actual 
damages, attorney fees, and an additional amount of up to $100.  
                               ............................. 
                               ............................. 
                               ............................. 
                               ............................. 
                               Name and address of (Attorney 
                               for) Judgment Creditor 
     EXEMPTION:  
     (a) Amount of exemption claim.  
     / / I claim ALL the funds being held are exempt.  
     / / I claim SOME of the funds being held are exempt.  
         The exempt amount is $............  
     (b) Basis for exemption.  
     Of the 11 categories listed above, I am in category number 
............  (If more than one category applies, you may fill 
in as many as apply.)  The source of the exempt funds is the 
following:  
.............................................................
.............................................................
.............................................................
     (If the source is a type of relief based on need, list the 
case number and county:  
     case number:  ...............; 
     county:  ....................) 
     I hereby authorize any agency that has distributed relief 
to me or any correctional institution in which I was an inmate 
to disclose to the above named judgment creditor's attorney only 
whether or not I am or have been a recipient of relief based on 
need or an inmate of a correctional institute within the last 
six months.  
     I have mailed or delivered a copy of the exemption notice 
to the judgment creditor's attorney.  
                             .............................
                             DEBTOR
DATED:  .............        .............................
                             .............................
                             .............................
                             DEBTOR ADDRESS 
    Sec. 82.  Minnesota Statutes 1990, section 571.75, 
subdivision 2, is amended to read: 
     Subd. 2.  [CONTENTS OF DISCLOSURE.] The disclosure must 
state: 
     (a) If an earnings garnishment disclosure, the amount of 
disposable earnings earned by the debtor within the debtor's pay 
periods as specified in section 571.921. 
     (b) If a nonearnings garnishment disclosure, a description 
of any personal property or any instrument or papers relating to 
this property belonging to the judgment debtor or in which the 
debtor is interested or other indebtedness of the garnishee to 
the debtor. 
     (c) If the garnishee asserts any setoff, defense, claim, or 
lien on disposable earnings, other indebtedness, money, or 
property, the garnishee shall disclose the amount and the facts 
concerning the same. 
     (d) Whether the debtor asserts any exemption, or any other 
objection, known to the garnishee against the right of the 
creditor to garnish the disposable earnings, other indebtedness, 
money, or property disclosed. 
     (e) If other persons assert claims to any disposable 
earnings, other indebtedness, money, or property disclosed, the 
garnishee shall disclose the names and addresses of these 
claimants and, so far as known by the garnishee, the nature of 
their claims. 
     (f) The garnishment disclosure forms and earnings 
disclosure worksheet must be the same or substantially similar 
to the following forms.  If the garnishment affects earnings of 
the debtor, the creditor shall use the earnings garnishment 
disclosure form.  If the garnishment affects any indebtedness, 
money, or property of the debtor, other than earnings, the 
creditor shall use the nonearnings garnishment disclosure form.  
Nothing contained in this paragraph limits the simultaneous use 
of the earnings and nonearnings garnishment disclosure forms. 

                 EARNINGS DISCLOSURE FORM AND WORKSHEET
STATE OF MINNESOTA                                 DISTRICT COURT
COUNTY OF ..................             ...... JUDICIAL DISTRICT
.................(Creditor)
.................(Debtor)                             GARNISHMENT
.................(Garnishee)                  EARNINGS DISCLOSURE

                               DEFINITIONS
    "EARNINGS":  For the purpose of garnishment, "earnings" 
means compensation paid or payable to an employee for personal 
services or compensation paid or payable to the producer for the 
sale of agricultural products; milk or milk products; or fruit 
or other horticultural products produced when the producer is 
operating a family farm, a family farm corporation, or an 
authorized farm corporation, as defined in section 500.24, 
subdivision 2, whether denominated as wages, salary, commission, 
bonus, or otherwise, and includes periodic payments pursuant to 
a pension or retirement. 
    "DISPOSABLE EARNINGS":  Means that part of the earnings of 
an individual remaining after the deduction from those earnings 
of amounts required by law to be withheld.  (Amounts required by 
law to be withheld do not include items such as health 
insurance, charitable contributions, or other voluntary wage 
deductions.) 
    "PAYDAY":  For the purpose of garnishment, "payday(s)" 
means the date(s) upon which the employer pays earnings to the 
debtor in the ordinary course of business.  If the debtor has no 
regular payday, payday(s) means the fifteenth and the last day 
of each month. 
    THE GARNISHEE MUST ANSWER THE FOLLOWING QUESTIONS: 
    1.  Do you now owe, or within 70 days from the date the 
garnishment summons was served on you, will you or do you expect 
to owe money to the debtor for earnings? 
                      Yes .......    No ........
    2.  Does the debtor earn more than $........ per week?  
(This amount is the federal minimum wage per week.) 
                      Yes .......    No ........

                     INSTRUCTIONS FOR COMPLETING THE
EARNINGS DISCLOSURE
    A.  If your answer to either question 1 or 2 is "No," then 
you must sign the affirmation on Page 2 and return this 
disclosure to the creditor's attorney (or the creditor if not 
represented by an attorney) within 20 days after it was served 
on you, and you do not need to answer the remaining questions. 
    B.  If your answers to both questions 1 and 2 are "Yes," 
you must complete this form and the Earnings Disclosure 
Worksheet as follows: 
 For each payday that falls within 70 days from the date the 
garnishment summons was served on you, YOU MUST calculate 
the amount of earnings to be retained by completing Steps 3 
through 11, and enter the amounts on the Earnings 
Disclosure Worksheet.  UPON REQUEST, THE EMPLOYER MUST 
PROVIDE THE DEBTOR WITH INFORMATION AS TO HOW THE 
CALCULATIONS REQUIRED BY THIS DISCLOSURE WERE MADE.  
 Each payday, you must retain the amount of earnings listed 
in Column I on the Earnings Disclosure Worksheet. 
 You must return this Earnings Disclosure Form and the 
Earnings Disclosure Worksheet to the creditor's attorney 
(or the creditor if not represented by an attorney) and 
deliver a copy to the debtor within ten days after the last 
payday that falls within the 70-day period. 
 If the claim is wholly satisfied or if the debtor's 
employment ends before the expiration of the 70-day period, 
your disclosure should be made within ten days after the 
last payday for which earnings were attached. 
For Steps 3 through 11, "Columns" refers to columns on the 
Earnings Disclosure Worksheet. 
    3.  COLUMN A.  Enter the date of debtor's 
                   payday.
    4.  COLUMN B.  Enter debtor's gross earnings for 
                   each payday.
    5.  COLUMN C.  Enter debtor's disposable earnings 
                   for each payday.
    6.  COLUMN D.  Enter 25 percent of disposable earnings.
                   (Multiply Column C by .25.)
    7.  COLUMN E.  Enter here 40 times the hourly federal
                   minimum wage ($....) times the number
                   of work weeks included in each payday.  (Note:
                   If a pay period includes days in excess of 
                   whole work weeks, the additional days should 
                   be counted as a fraction of a work week equal
                   to the number of work days in excess of a 
                   whole work week divided by the number of work
                   days in a normal work week.)
    8.  COLUMN F.  Subtract the amount in Column E from the
                   amount in Column C, and enter here.
    9.  COLUMN G.  Enter here the lesser of the amount in
                   Column D and the amount in Column F.
   10.  COLUMN H.  Enter here any amount claimed by you as a
                   setoff, defense, lien, or claim, or any
                   amount claimed by any other person as an
                   exemption or adverse interest which would
                   reduce the amount of earnings owing to the
                   debtor.  (Note:  Any indebtedness to you 
                   incurred by the debtor within the ten
                   days before the receipt of the first 
                   garnishment on a debt may not be set
                   off against amounts otherwise subject to
                   the garnishment.  Any assignment of earnings
                   made by the debtor to any party within ten
                   days before the receipt of the first
                   garnishment on a debt is void.)
                   You must also describe your claim(s) and the
                   claims of others, if known, in the space
                   provided below the worksheet and state the
                   name(s) and address(es) of these persons.
                   Enter zero in Column H if there are no
                   claims by you or others which would reduce
                   the amount of earnings owing to the debtor. 
   11.  COLUMN I.  Subtract the amount in Column H from the
                   amount in Column G and enter here.  This is
                   the amount of earnings that you must retain
                   for the payday for which the calculations
                   were made. 

                               AFFIRMATION
    I, ...................... (person signing Affirmation), am 
the garnishee or I am authorized by the garnishee to complete 
this earnings disclosure, and have done so truthfully and to the 
best of my knowledge. 
Dated:  ..................    ................................
                              Signature
                              ................................
                              Title 
                              ................................ 
                              Telephone Number 

                     EARNINGS DISCLOSURE WORKSHEET 

                     ............................. 

                             Debtor's Name 
             A                  B                  C  
           Payday             Gross            Disposable 
           Date               Earnings         Earnings  
1.   .................   .................   ................. 
2.   .................   .................   ................. 
3.   .................   .................   ................. 
4.   .................   .................   ................. 
5.   .................   .................   ................. 
6.   .................   .................   ................. 
7.   .................   .................   ................. 
8.   .................   .................   ................. 
9.   .................   .................   ................. 
10.  .................   .................   ................. 
             D                   E                 F 
           25% of              40 X Min.        Column C 
           Column C            Wage             minus 
                                                Column E 
1.   .................   .................   ................ 
2.   .................   .................   ................ 
3.   .................   .................   ................ 
4.   .................   .................   ................ 
5.   .................   .................   ................ 
6.   .................   .................   ................ 
7.   .................   .................   ................ 
8.   .................   .................   ................ 
9.   .................   .................   ................ 
10.  .................   .................   ................ 
             G                  H                  I 
          Lesser of        Setoff, Lien,       Column G 
          Column D         Adverse             minus  
          and              Interest, or        Column H 
          Column F         Other Claims   
1.   .................   .................   ................. 
2.   .................   .................   ................. 
3.   .................   .................   ................. 
4.   .................   .................   ................. 
5.   .................   .................   ................. 
6.   .................   .................   ................. 
7.   .................   .................   ................. 
8.   .................   .................   ................. 
9.   .................   .................   ................. 
10.  .................   .................   ................. 
                         TOTAL OF COLUMN I   $................ 
    *If you entered any amount in Column H for any payday(s), 
you must describe below either your claims, or the claims of 
others.  For amounts claimed by others you must both state the 
names and addresses of these persons, and the nature of their 
claim, if known. 
........................................................... 
.......................................................... 
.......................................................... 

                              AFFIRMATION 
    I, ........................ (person signing Affirmation), 
am the third party or I am authorized by the third party to 
complete this earnings disclosure worksheet, and have done so 
truthfully and to the best of my knowledge. 
Dated:  ............................... 
Signature .............................  
Title ................................. 
Telephone Number (...)................. 

                  EARNINGS DISCLOSURE FORM AND WORKSHEET
FOR CHILD SUPPORT DEBTOR
STATE OF MINNESOTA                                 DISTRICT COURT
COUNTY OF ..................             ...... JUDICIAL DISTRICT
.................(Creditor)
.................(Debtor)                             GARNISHMENT
.................(Garnishee)                  EARNINGS DISCLOSURE

                               DEFINITIONS
     "EARNINGS":  For the purpose of execution, "earnings" means 
compensation paid or payable to an employee for personal 
services or compensation paid or payable to the producer for the 
sale of agricultural products; milk or milk products; or fruit 
or other horticultural products produced when the producer is 
operating a family farm, a family farm corporation, or an 
authorized farm corporation, as defined in section 500.24, 
subdivision 2, whether denominated as wages, salary, commission, 
bonus, or otherwise, and includes periodic payments pursuant to 
a pension or retirement, workers' compensation, or unemployment 
compensation.  
     "DISPOSABLE EARNINGS":  Means that part of the earnings of 
an individual remaining after the deduction from those earnings 
of amounts required by law to be withheld.  (Amounts required by 
law to be withheld do not include items such as health 
insurance, charitable contributions, or other voluntary wage 
deductions.) 
     "PAYDAY":  For the purpose of execution, "payday(s)" means 
the date(s) upon which the employer pays earnings to the debtor 
in the ordinary course of business.  If the judgment debtor has 
no regular payday, payday(s) means the 15th and the last day of 
each month.  
     THE GARNISHEE MUST ANSWER THE FOLLOWING QUESTION: 
     (1) Do you now owe, or within 70 days from the date the 
execution levy was served on you, will you or may you owe money 
to the debtor for earnings?  
                             .......         .......
                             Yes             No

                    INSTRUCTIONS FOR COMPLETING THE 
EARNINGS DISCLOSURE 
     A.  If your answer to question 1 is "No," then you must 
sign the affirmation below and return this disclosure to the 
creditor's attorney (or the creditor if not represented by an 
attorney) within 20 days after it was served on you, and you do 
not need to answer the remaining questions.  
     B.  If your answer to question 1 is "Yes," you must 
complete this form and the Earnings Disclosure Worksheet as 
follows:  
 For each payday that falls within 70 days from the date the 
garnishment summons was served on you, YOU MUST calculate 
the amount of earnings to be retained by completing steps 2 
through 8 on page 2, and enter the amounts on the Earnings 
Disclosure Worksheet.  UPON REQUEST, THE EMPLOYER MUST 
PROVIDE THE DEBTOR WITH INFORMATION AS TO HOW THE 
CALCULATIONS REQUIRED BY THIS DISCLOSURE WERE MADE. 
 Each payday, you must retain the amount of earnings listed 
in column G on the Earnings Disclosure Worksheet.  
 You must pay the attached earnings and return this earnings 
disclosure form and the Earnings Disclosure Worksheet to 
the creditor's attorney (or the creditor if not represented 
by an attorney) and deliver a copy to the debtor within ten 
days after the last payday that falls within the 70-day 
period.  If the claim is wholly satisfied or if the 
debtor's employment ends before the expiration of the 
70-day period, your disclosure should be made within ten 
days after the last payday for which earnings were attached.
     For steps 2 through 8, "columns" refers to columns on the 
Earnings Disclosure Worksheet.  
     (2) COLUMN A.  Enter the date of debtor's payday.  
     (3) COLUMN B.  Enter debtor's gross earnings for each 
payday.  
     (4) COLUMN C.  Enter debtor's disposable earnings for each 
payday.  
     (5) COLUMN D.  Enter either 50, 55, 60, or 65 percent of 
disposable earnings, based on which of the following 
descriptions fits the child support judgment debtor:  
     (a) 50 percent of the judgment debtor's disposable income, 
if the judgment debtor is supporting a spouse or dependent 
child; 
     (b) 55 percent of the judgment debtor's disposable income, 
if the judgment debtor is supporting a spouse or dependent 
child, and the judgment is over 12 weeks old (12 weeks to be 
calculated to the beginning of the work week in which the 
execution levy is received); 
     (c) 60 percent of the judgment debtor's disposable income, 
if the judgment debtor is not supporting a spouse or dependent 
child; or 
     (d) 65 percent of the judgment debtor's disposable income, 
if the judgment debtor is not supporting a spouse or dependent 
child, and the judgment is over 12 weeks old (12 weeks to be 
calculated to the beginning of the work week in which the 
execution levy is received).  (Multiply column C by .50, .55, 
.60, or .65, as appropriate.)  
     (6) COLUMN E.  Subtract the amount in column D from the 
amount in column C, and enter here.  
     (7) COLUMN F.  Enter here any amount claimed by you as a 
setoff, defense, lien, or claim, or any amount claimed by any 
other person as an exemption or adverse interest that would 
reduce the amount of earnings owing to the debtor.  (Note:  Any 
assignment of earnings made by the debtor to any party within 
ten days before the receipt of the first garnishment on a debt 
is void.  Any indebtedness to you incurred by the debtor within 
the ten days before the receipt of the first garnishment on a 
debt may not be set off against amounts otherwise subject to the 
garnishment.) 
     You must also describe your claim(s) and the claims of 
others, if known, in the space provided below the worksheet and 
state the name(s) and address(es) of these persons.  
     Enter zero in column F if there are no claims by you or 
others that would reduce the amount of earnings owing to the 
judgment debtor.  
     (8) COLUMN G.  Subtract the amount in column F from the 
amount in column E and enter here.  This is the amount of 
earnings that you must remit for the payday for which the 
calculations were made.  

                               AFFIRMATION
     I, ................... (person signing Affirmation), am the 
garnishee or I am authorized by the garnishee to complete this 
earnings disclosure, and have done so truthfully and to the best 
of my knowledge.  
Dated:  ............                 ............................
                                     Signature
                                     ............................
                                     Title
                                     ............................
                                     Telephone Number
 EARNINGS DISCLOSURE WORKSHEET         ...................
                                             Debtor's Name
A                      B                      C
Payday                 Gross                  Disposable
Date                   Earnings               Earnings
1.  ........           $.......               $.........
2.  ........           ........               ..........
3.  ........           ........               ..........
4.  ........           ........               ..........
5.  ........           ........               ..........
6.  ........           ........               ..........
7.  ........           ........               ..........
8.  ........           ........               ..........
9.  ........           ........               ..........
10. ........           ........               ..........
D                      E                      F
Either 50, 55,         Column C               Setoff, Lien,
60, or 65% of          minus                  Adverse 
Column C               Column D               Interest, or 
                                              Other Claims 
1.  ........           ........               ..........
2.  ........           ........               ..........
3.  ........           ........               ..........
4.  ........           ........               ..........
5.  ........           ........               ..........
6.  ........           ........               ..........
7.  ........           ........               ..........
8.  ........           ........               ..........
9.  ........           ........               ..........
10. ........           ........               ..........
                                               G
                                              Column E
                                              minus
                                              Column F
1.                                            ..........
2.                                            ..........
3.                                            ..........
4.                                            ..........
5.                                            ..........
6.                                            ..........
7.                                            ..........
8.                                            ..........
9.                                            ..........
10.                                           ..........
                         TOTAL OF COLUMN G $............
     *If you entered any amount in column F for any payday(s), 
you must describe below either your claims, or the claims of 
others.  For amounts claimed by others, you must both state the 
names and addresses of such persons, and the nature of their 
claim, if known.  
.................................................................
.................................................................
.................................................................

                              AFFIRMATION 
     I, ................. (person signing Affirmation), am the 
third party or I am authorized by the third party to complete 
this earnings disclosure worksheet, and have done so truthfully 
and to the best of my knowledge.  
                                      .................
                                      Signature
Dated:  ........  ...............     (...)............
                  Title               Phone Number

                      NONEARNINGS DISCLOSURE FORM 
STATE OF MINNESOTA                            DISTRICT COURT
COUNTY OF ............              ...... JUDICIAL DISTRICT
...................(Creditor)
against 
...................(Debtor)           NONEARNINGS DISCLOSURE
and 
...................(Garnishee) 
     On the .... day of ........., 19.., the time of service of 
garnishment summons herein, there was due and owing the debtor 
from the garnishee the following: 
     (1) Money.  Enter on the line below any amounts due and 
owing the debtor, except earnings, from the garnishee. 
.......................................................  
     (2) Property.  Describe on the line below any personal 
property, instruments, or papers belonging to the debtor and in 
the possession of the garnishee. 
....................................................... 
     (3) Setoff.  Enter on the line below the amount of any 
setoff, defense, lien, or claim which the garnishee claims 
against the amount set forth on lines (1) and (2) above.  State 
the facts by which the setoff, defense, lien, or claim is 
claimed.  (Any indebtedness to a garnishee incurred by the 
debtor within the ten days before the receipt of the first 
garnishment on a debt may not be set off against amounts 
otherwise subject to the garnishment.) 
....................................................... 
     (4) Exemption.  Enter on the line below any amounts or 
property claimed by the debtor to be exempt from execution.  
........................................................ 
    (5) Adverse Interest.  Enter on the line below any amounts 
claimed by other persons by reason of ownership or interest in 
the debtor's property. 
....................................................... 
    (6) Enter on the line below the total of 
lines (3), (4), and (5), and (6). 
....................................................... 
    (7) Enter on the line below the difference obtained (never 
less than zero) when line (6) is subtracted from the sum of 
lines (1) and (2). 
........................................................ 
    (8) Enter on the line below 110 percent of the amount of 
the creditor's claim which remains unpaid. 
....................................................... 
    (9) Enter on the line below the lesser of line (7) and 
line (8) and line (9).  Retain this amount only if it is $10 or 
more. 
....................................................... 

                              AFFIRMATION 
    I, ..................... (person signing Affirmation), am 
the garnishee or I am authorized by the garnishee to complete 
this nonearnings garnishment disclosure, and have done so 
truthfully and to the best of my knowledge. 
Dated:  ............                .............................
                                    Signature
                                    .............................
                                    Title
                                    .............................
                                    Telephone Number 
    Sec. 83.  Minnesota Statutes 1990, section 571.81, 
subdivision 2, is amended to read: 
    Subd. 2.  [PRIORITIES OF CREDITORS.] Except as provided in 
this subdivision or in section 518.611, subdivision 6, a 
perfected lien by garnishment is subordinate to a preexisting 
voluntary or involuntary transfer, setoff, security interest, 
lien, or other encumbrance that is perfected, but a lien 
perfected by garnishment is superior to such interests 
subsequently perfected.  Priorities of creditors relating to 
multiple wage garnishments are set forth in section 571.923.  An 
assignment of earnings made by the debtor to any party within 
ten days before the receipt of the first garnishment on a debt 
is void.  Any indebtedness to you the garnishee incurred by the 
debtor within the ten days before the receipt of the first 
garnishment on a debt may not be set off against amounts 
otherwise subject to the garnishment. 
    Sec. 84.  Minnesota Statutes 1990, section 593.40, 
subdivision 6, is repealed.  
    Sec. 85.  Minnesota Statutes 1990, section 609.531, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
609.531 to 609.5317, the following terms have the meanings given 
them.  
     (a) "Conveyance device" means a device used for 
transportation and includes, but is not limited to, a motor 
vehicle, trailer, snowmobile, airplane, and vessel and any 
equipment attached to it.  The term "conveyance device" does not 
include property which is, in fact, itself stolen or taken in 
violation of the law.  
     (b) "Weapon used" means a weapon used in the furtherance of 
a crime and defined as a dangerous weapon under section 609.02, 
subdivision 6.  
     (c) "Property" means property as defined in section 609.52, 
subdivision 1, clause (1).  
     (d) "Contraband" means property which is illegal to possess 
under Minnesota law.  
     (e) "Appropriate agency" means the bureau of criminal 
apprehension, the Minnesota state patrol, a county sheriff's 
department, the suburban Hennepin regional park district park 
rangers, or a city or airport police department.  
     (f) "Designated offense" includes:  
     (1) for weapons used:  any violation of this chapter; 
     (2) for all other purposes:  a felony violation of, or a 
felony-level attempt or conspiracy to violate, section 609.185; 
609.19; 609.195; 609.21; 609.221; 609.222; 609.223; 609.2231; 
609.24; 609.245; 609.25; 609.255; 609.322; 609.342, subdivision 
1, clauses (a) to (f); 609.343, subdivision 1, clauses (a) to 
(f); 609.344, subdivision 1, clauses (a) to (e), and (h) to (j); 
609.345, subdivision 1, clauses (a) to (e), and (h) to (j); 
609.42; 609.425; 609.466; 609.485; 609.487; 609.52; 609.525; 
609.53; 609.54; 609.551; 609.561; 609.562; 609.563; 609.582; 
609.59; 609.595; 609.631; 609.671, subdivisions 3, 4, and 5; 
609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 237.73 
609.893; 617.246; or a gross misdemeanor or felony violation of 
section 609.891.  
    (g) "Controlled substance" has the meaning given in section 
152.01, subdivision 4. 
    Sec. 86.  Minnesota Statutes 1990, section 609.892, 
subdivision 1, is amended to read: 
    Subdivision 1.  [APPLICABILITY.] The definitions in this 
section apply to Laws 1990, sections 1 237.73, 609.892, and 6 to 
8 609.893. 
    Sec. 87.  Minnesota Statutes 1990, section 626A.21, is 
repealed.  
    Sec. 88.  Laws 1990, chapter 562, article 8, section 38, is 
amended to read:  
    Sec. 38.  [TELEPHONE COMPANIES TO SUBMIT RATES.] 
    Notwithstanding Minnesota Statutes, section 237.07, each 
telephone company, as defined in Minnesota Statutes, section 
237.01, subdivision 2, that is subject to section 33 237.065 
shall make the service required by section 33 237.065 available 
no later than January 1, 1991, and shall develop proposed rates 
for the services and submit them to the public utilities 
commission within 30 days of receipt by the company of a request 
for service. 
    Sec. 89.  Laws 1990, chapter 606, article 4, section 1, 
subdivision 2, is amended to read:  
    Subd. 2.  [REFERRAL.] The prosecuting attorney may refer a 
worthless check case to the diversion program.  Except as 
provided in subdivision 5 4, this section does not limit the 
power of the prosecuting attorney to prosecute worthless check 
complaints.  
    Sec. 90.  Laws 1990, chapter 606, article 4, section 1, 
subdivision 6, is amended to read:  
    Subd. 6.  [COERCION EXCEPTION.] Sending a notice under 
subdivision 4 3 or entering an agreement under subdivision 5 4 
does not constitute coercion under Minnesota Statutes, section 
609.27, subdivision 1, clause (5).  
     Sec. 91.  Minnesota Statutes 1990, section 356.216, is 
amended to read: 
    356.216 [CONTENTS OF ACTUARIAL VALUATIONS FOR LOCAL POLICE 
AND FIRE FUNDS.] 
    (a) The provisions of section 356.215 governing the 
contents of actuarial valuations shall apply to any local police 
or fire pension fund or relief association required to make an 
actuarial report under this section except as follows: 
    (1) in calculating normal cost and other requirements, if 
required to be expressed as a level percentage of covered 
payroll, the salaries used in computing covered payroll shall be 
the maximum rate of salary from which retirement and 
survivorship credits and amounts of benefits are determined and 
from which any member contributions are calculated and deducted; 
    (2) in lieu of the amortization date specified in section 
356.215, subdivision 4g, the appropriate amortization target 
date specified in section 69.77, subdivision 2b, or 69.773, 
subdivision 4, clause (b) (c), shall be used in calculating any 
required amortization contribution; 
    (3) in addition to the tabulation of active members and 
annuitants provided for in section 356.215, subdivision 4i, the 
member contributions for active members for the calendar year 
and the prospective annual retirement annuities under the 
benefit plan for active members shall be reported; 
     (4) actuarial valuations required pursuant to section 
69.773, subdivision 2, shall be made at least every four years 
and actuarial valuations required pursuant to section 69.77 
shall be made annually; and 
     (5) the actuarial balance sheet showing accrued assets 
valued at market value if the actuarial valuation is required to 
be prepared at least every four years or valued as current 
assets under section 356.215, subdivision 1, clause (6), or 
paragraph (b), whichever applies, if the actuarial valuation is 
required to be prepared annually, actuarial accrued liabilities, 
and the unfunded actuarial accrued liability shall include the 
following required reserves: 
     (a) For active members 
      1.  Retirement benefits 
      2.  Disability benefits 
      3.  Refund liability due to death or withdrawal 
      4.  Survivors' benefits 
     (b) For deferred annuitants' benefits 
     (c) For former members without vested rights 
     (d) For annuitants 
      1.  Retirement annuities 
      2.  Disability annuities 
      3.  Surviving spouses' annuities 
      4.  Surviving children's annuities 
     In addition to those required reserves, separate items 
shall be shown for additional benefits, if any, which may not be 
appropriately included in the reserves listed above.  
     (6) actuarial valuations shall be due by the first day of 
the seventh month after the end of the fiscal year which the 
actuarial valuation covers. 
      (b) For a relief association in a city of the first class 
with a population of more than 300,000, the following provisions 
additionally apply: 
      (1) in calculating the actuarial balance sheet, unfunded 
actuarial accrued liability, and amortization contribution of 
the relief association, "current assets" means the value of all 
assets at cost, including realized capital gains and losses, 
plus or minus, whichever applies, the average value of total 
unrealized capital gains or losses for the most recent 
three-year period ending with the end of the plan year 
immediately preceding the actuarial valuation report 
transmission date; and 
     (2) in calculating the applicable portions of the actuarial 
valuation, an annual preretirement interest assumption of six 
percent, an annual postretirement interest assumption of six 
percent, and an annual salary increase assumption of four 
percent must be used. 

                                ARTICLE 2

                           OBSOLETE REFERENCES
    Section 1.  [REVISOR'S 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
 10A.241                10A.32             10A.324
 10A.31,                10A.32,            10A.322
 subd. 6                subd. 3
 12.21, subd. 3         14.70              14.69
 16B.19,                16B.189            16B.19
 subd. 1a
 16B.227                16B.189            16B.19
 18.0223                18.0226            18.0229
 43A.23,                16B.189            16B.19
 subd. 1
 103A.305               84.57              103I.681,
                                           subd. 1
 103A.305               103G.27            103G.271
 103F.121               103E.155           103F.155
 115A.165               115A.162           115A.159
 115A.21,               115A.04            115A.055
 subd. 2
 115A.25,               116B.37            16B.37
 subd. 1a
 115A.71,               115A.57            115A.58
 subd. 3
 115B.28,               144.67             144.671
 subd. 4
 116.07,                115A.04            115A.055
 subd. 4b
 116.101                115A.04            115A.055
 116J.692               317.09             317A.115
 124.491                124.496            124.495
 145.925,               145.911 to         145A.01 to
 subd. 1a               145.922            145A.14
 147.111                147.33             147.22
 147.121,               147.33             147.22
 subd. 2
 147.141                147.33             147.22
 147.151                147.33             147.22
 148.75                 147.10             147.081
 148.76,                147.10             147.081
 subd. 2
 152.10                 152.09             152.021
 168.042, subd. 9       14.70              14.69
 192.501,               136A.09            136A.095
 subd. 2
 216B.2421,             84.57              103I.681
 subd. 2
 240A.03,               458.196            469.065
 subd. 6
 245.487,               Minnesota          245.4881 and
 subd. 5                Statutes 1988,     245.4884
                        section 245.471
 245.69, subd. 2        14.70              14.69
 246.23                 256D.18            256G.02,
                                           subd. 4
 252.261                252.26             252.25
 256B.056,              256B.17            256B.0595
 subd. 3a
 256B.06,               256B.17            256B.055 to
 subd. 4                                   256B.062
 256B.0625,             245.471,           245.462,
 subd. 23               subd. 3            subd. 8 and
                                           245.4871,
                                           subd. 10
 256B.48,               256B.14,           256B.0575,
 subd. 8                subd. 2 and        256B.058,
                        256B.17            256B.059,
                                           256B.0595, and
                                           256B.14,
                                           subd. 2
 256G.02,               245.782,           245A.02,
 subd. 6                subd. 6            subd. 14
 256H.20,               245.84             256H.20 to
 subd. 1                                   256H.22
 257.072,               257.357            257.3579
 subd. 4
 257.351,               257.357            257.3579
 subds. 1 and 7
 257.3573,              145.911 to         145A.01 to
 subd. 2                145.922            145A.14
 260.015, subd. 23      152.09, subd. 1,   152.027,
                        clause (2)         subd. 4
 260.105                260.103            260.101
 268.04, subd. 12       268.24             268.231
 268.22                 268.24             268.231
 268.23                 268.24             268.231
 268.672, subd. 1       268.686            268.682
 270B.03,               290.29             289A.31,
 subd. 1                                   subd. 3
 270B.14,               290.50,            289A.50,
 subd. 5                subd. 6            subd. 5
 290.069,               290.19,            290.191, subds.
 subd. 4b               subd. 1,           9, 10, and 12
                        clauses (2)(a)(2)
                        and (2)(a)(3)
 290.0922,              290.37             289A.08,
 subd. 1                                   subd. 3
 290.0922,              290.41,            289A.12,
 subd. 1                subd. 1            subd. 3
 290.095,               290.50             289A.50
 subd. 7
 290.095,               290.46             289A.40
 subd. 9                and 290.50
 290.92,                290.39,            289A.08,
 subd. 4b               subd. 5            subd. 7
 290.92,                290.39,            289A.08,
 subd. 4c               subd. 5            subd. 7
 290.92,                571.41             571.72
 subd. 23
 290.92,                571.495            571.75
 subd. 23
 290.92,                571.55 (first      571.922
 subd. 23               paragraph)
 290.92,                571.55 (second     571.921
 subd. 23               paragraph)
 290.92,                571.61,            571.927,
 subd. 23               subd. 2            subd. 2
 290A.03,               256D.41            256D.54
 subd. 8
 297C.06,               290.56,            289A.38,
 subd. 5                subd. 2            subd. 7
 299A.38, subd. 6       176B.04            299A.44
 299F.77                253A.02            253B.02
 299L.03,               349.214            349.166
 subd. 1
 319A.02,               147.29             147.22
 subd. 2
 349.12,                349.214            349.166
 subd. 11
 349.166,               349.14             349.13 and
 subd. 1                                   349.16, subd. 1
 349.212,               349.21             349.191
 subd. 2
 349.212,               349.214,           349.166,
 subd. 4                subd. 2,           subd. 2,
                        paragraph (b)      paragraph (a)
 349.213                349.214            349.166
 349.22,                349.214            349.219
 subd. 2
 424.16                 424.12             69.77,
                                           subd. 2a
 458D.03,               351.03 and         351.14 to
 subd. 6                351.04             351.23
 458D.04,               179.50 to          179A.01 to
 subd. 5                179.571            179A.25
 458D.18,               117.01 to          117.011 to
 subd. 9                117.202            117.56
 458D.18,               458.196            469.065
 subd. 11
 462.352,               472B.03 to         469.135 to
 subd. 10               472B.07            469.141
 462C.02,               462.521            469.028
 subd. 9
 462C.02,               458C.14            469.101
 subd. 9
 473.149,               115A.04            115A.055
 subd. 4
 473.38,                473.163,           473.163,
 subd. 1                subds. 1 to 4      subds. 1 to 2a
 514.950                17.713             18C.005
 550.37,                571.55             571.922
 subd. 13
 609.0331               152.15, subd. 2,   152.027,
                        clause (5)         subd. 4
 609.0332, subd. 2      152.15, subd. 2,   152.027,
                        clause (5)         subd. 4
 609.75,                349.214            349.166
 subd. 3
 626A.01, subds. 1      sections 626A.01   this chapter
 and 7                  to 626A.23
 626A.02, subds.        sections 626A.01   this chapter
 1, 2, and 5            to 626A.23
 626A.03, subd. 1       sections 626A.01   this chapter
                        to 626A.23
 626A.05, subd. 1       sections 626A.01   this chapter
                        to 626A.23
 626A.06, subds.        sections 626A.01   this chapter
 3, 4, 6, and 9         to 626A.23
 626A.08, subds.        sections 626A.01   this chapter
 1 and 2                to 626A.23
 626A.09, subds. 1,     sections 626A.01   this chapter
 2, 3, 4, and 5         to 626A.23
 626A.13, subds. 1      sections 626A.01   this chapter
 and 3                  to 626A.23
 626A.15                sections 626A.01   this chapter
                        to 626A.23
 626A.18                sections 626A.01   this chapter
                        to 626A.23
 626A.19, subd. 1       sections 626A.01   this chapter
                        to 626A.23
 626A.25                sections 626A.01   this chapter
                        to 626A.23
    Sec. 2.  Minnesota Statutes 1990, section 15.45, 
subdivision 1, is amended to read: 
    Subdivision 1.  For the purposes of sections 15.45 to 15.47 
and 15.46, the terms defined in this section have the meanings 
given them. 
    Sec. 3.  Minnesota Statutes 1990, section 16B.06, 
subdivision 2a, is amended to read: 
    Subd. 2a.  [EXCEPTION.] The requirements of subdivision 2 
do not apply to state contracts distributing state or federal 
funds pursuant to the federal Economic Dislocation and Worker 
Adjustment Assistance Act, United States Code, title 29, section 
1651 et seq., or sections 268.973 and 268.974.  For these 
contracts, the commissioner of jobs and training is authorized 
to directly enter into state contracts with approval of the 
governor's job training council and encumber available funds to 
ensure a rapid response to the needs of dislocated workers.  The 
commissioner shall adopt internal procedures to administer and 
monitor funds distributed under these contracts. 
    Sec. 4.  Minnesota Statutes 1990, section 18B.05, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ESTABLISHMENT.] A pesticide regulatory 
account is established in the state treasury.  Fees and 
penalties except penalties collected under section 18B.23, 
subdivision 4, collected under this chapter must be deposited in 
the state treasury and credited to the pesticide regulatory 
account. 
    Sec. 5.  Minnesota Statutes 1990, section 84B.09, is 
amended to read: 
    84B.09 [LIMITATION ON APPROPRIATIONS.] 
    It is the intent of the legislature that the appropriations 
made by section 84B.07, as payments to counties in lieu of 
taxes, and by Minnesota Statutes 1986, section 84B.08, as 
proceeds from the sale of Voyageurs National Park bonds, shall 
not exceed $6,000,000 and shall constitute the total expenditure 
of the state or any state agency for the purposes of sections 
84B.01 to 84B.10, notwithstanding any other provisions of law or 
any appropriation made by law.  
    Sec. 6.  Minnesota Statutes 1990, section 89.37, 
subdivision 4, is amended to read: 
    Subd. 4.  [PROCEEDS OF SALE.] All moneys received in 
payment for tree planting stock supplied under this section 
shall be deposited in the state treasury and credited to 
the state forest nursery account pursuant to section 89.04 
89.035 and are available to the commissioner of natural 
resources for the purposes of sections 89.35 to 89.37. 
    Sec. 7.  Minnesota Statutes 1990, section 115A.06, 
subdivision 4, is amended to read: 
    Subd. 4.  [ACQUISITION OF SITES FOR HAZARDOUS WASTE 
FACILITIES.] The office may direct the commissioner of 
administration to acquire by purchase, lease, condemnation, 
gift, or grant, any permanent or temporary right, title, and 
interest in and to real property, including positive and 
negative easements and water, air, and development rights, for 
sites and buffer areas surrounding sites for hazardous waste 
facilities approved by the office pursuant to sections 115A.18 
to 115A.30 and 115A.32 to 115A.39.  The office may also direct 
the commissioner of administration to acquire by purchase, 
lease, gift, or grant, development rights for sites and buffer 
areas surrounding sites for all or part of the period that the 
development limitations imposed by section 115A.21, subdivision 
3, are in effect.  Money for the acquisition of any real 
property and interest in real property pursuant to this 
subdivision shall come from the issuance of state waste 
management bonds in accordance with sections 115A.57 to 115A.58 
and 115A.59.  The property shall be leased in accordance with 
terms determined by the office to the owner and operator of the 
hazardous waste facility located thereon at a rate sufficient to 
pay debt service on the bonds which provided funds used to 
acquire the property and to evaluate the eligibility of the 
property for inclusion in the inventory under section 115A.09 or 
candidacy under sections 115A.18 to 115A.30.  Any local 
government unit and the commissioners of transportation, natural 
resources, and administration may convey or allow the use of any 
property for such sites and areas, subject to the rights of the 
holders of any bonds issued with respect thereto, with or 
without compensation and without an election or approval by any 
other government agency.  Land owned by the state may be 
exchanged for land not owned by the state for the purpose of 
providing a site and buffer area for a commercial hazardous 
waste facility, in accordance with the provisions of section 
94.341 to 94.347 and other law.  The commissioner of 
administration may hold the property for the purposes for which 
it was acquired, and may lease, rent, or dispose of the property 
so far as not needed for such purposes, upon the terms and in 
the manner the commissioner deems advisable.  The right to 
acquire lands and property rights by condemnation shall be 
exercised in accordance with chapter 117.  The commissioner of 
administration may take possession of any property for which 
condemnation proceedings have been commenced at any time after 
the issuance of a court order appointing commissioners for its 
condemnation.  Where the property is acquired through eminent 
domain proceedings, the land owner's compensation shall be the 
fair market value of the property.  Where the property is 
acquired by means other than through eminent domain proceedings, 
as by direct purchase or gift, the land owner's compensation 
shall be determined by the agreement of the parties involved.  
An award of compensation in a condemnation proceeding shall not 
be increased or decreased by reason of any increase or decrease 
in the value of the property caused by its designation in the 
inventory of preferred areas under section 115A.09 or as a 
candidate site under sections 115A.18 to 115A.30 or its 
selection as a site or buffer area. 
    Sec. 8.  Minnesota Statutes 1990, section 121.88, 
subdivision 5, is amended to read: 
    Subd. 5.  [SUMMER PROGRAMS.] Notwithstanding any law to the 
contrary, during the summer a school district may offer 
community education programs to elementary and secondary 
pupils.  The district may use community education revenue 
received pursuant to sections 124.271 and 275.125, subdivision 8 
section 124.2713 and charge fees for the cost of the programs.  
    Sec. 9.  Minnesota Statutes 1990, section 124.195, 
subdivision 9, is amended to read: 
    Subd. 9.  [PAYMENT PERCENTAGE FOR CERTAIN AIDS.] One 
hundred percent of the aid for the current fiscal year must be 
paid for the following aids:  management information center 
subsidies, according to section 121.935; reimbursement for 
transportation to post-secondary institutions, according to 
section 123.3514, subdivision 8; aid for the program for adults 
with disabilities, according to section 124.271 124.2715, 
subdivision 7 2; school lunch aid, according to section 124.646; 
tribal contract school aid, according to section 124.85; hearing 
impaired support services aid, according to section 121.201; 
Indian post-secondary preparation grants according to section 
124.481; and integration grants according to Laws 1989, chapter 
329, article 8, section 14, subdivision 3. 
    Sec. 10.  Minnesota Statutes 1990, section 124.225, 
subdivision 8l, is amended to read: 
    Subd. 8l.  [ALTERNATIVE ATTENDANCE PROGRAMS.] A district 
that enrolls nonresident pupils in programs under sections 
120.062, 120.075, 120.0751, 120.0752, 123.3515, 124C.45 to 
124C.48, and 126.22, shall provide authorized transportation to 
the pupil within the attendance area for the school that the 
pupil attends.  The state shall pay transportation aid 
attributable to the pupil to the nonresident district according 
to this section.  The resident district need not provide or pay 
for transportation between the pupil's residence and the 
district's border.  
    Sec. 11.  Minnesota Statutes 1990, section 124.245, 
subdivision 6, is amended to read: 
    Subd. 6.  [ALTERNATIVE ATTENDANCE PROGRAMS.] The capital 
expenditure facilities aid under section 124.243 and the capital 
expenditure equipment aid under section 124.244 for districts 
must be adjusted for each pupil, excluding a handicapped pupil 
as defined in section 120.03, attending a nonresident district 
under sections 120.062, 120.075, 120.0751, 120.0752, 123.3515, 
124C.45 to 124C.48, and 126.22.  The adjustments must be made 
according to this subdivision. 
    (a) Aid paid to a district of the pupil's residence must be 
reduced by an amount equal to the revenue amount per actual 
pupil unit of the resident district times the number of pupil 
units of pupils enrolled in nonresident districts. 
    (b) Aid paid to a district serving nonresidents must be 
increased by an amount equal to the revenue amount per actual 
pupil unit of the nonresident district times the number of pupil 
units of nonresident pupils enrolled in the district.  
    (c) If the amount of the reduction to be made from the aid 
of a district is greater than the amount of aid otherwise due 
the district, the excess reduction must be made from other state 
aids due the district. 
    Sec. 12.  Minnesota Statutes 1990, section 124A.036, 
subdivision 5, is amended to read: 
    Subd. 5.  [ALTERNATIVE ATTENDANCE PROGRAMS.] The general 
education aid for districts must be adjusted for each pupil, 
excluding a handicapped pupil as defined in section 120.03 or a 
nonhandicapped pupil as defined by section 120.181, attending a 
nonresident district under sections 120.062, 120.075, 120.0751, 
120.0752, 123.3515, 124C.45 to 124C.48, and 126.22.  The 
adjustments must be made according to this subdivision. 
    (a) General education aid paid to a resident district must 
be reduced by an amount equal to the general education revenue 
exclusive of compensatory revenue attributable to the pupil in 
the resident district. 
    (b) General education aid paid to a district serving a 
pupil in programs listed in this subdivision shall be increased 
by an amount equal to the general education revenue exclusive of 
compensatory revenue attributable to the pupil in the 
nonresident district.  
    (c) If the amount of the reduction to be made from the 
general education aid of the resident district is greater than 
the amount of general education aid otherwise due the district, 
the excess reduction must be made from other state aids due the 
district. 
    (d) The district of residence shall pay tuition to a 
district providing special instruction and services to a 
handicapped pupil, as defined in section 120.03, who is enrolled 
in a program listed in this subdivision.  The tuition shall be 
equal to (1) the actual cost of providing special instruction 
and services to the pupil, including a proportionate amount for 
debt service and for capital expenditure facilities and 
equipment, and debt service but not including any amount for 
transportation, minus (2) the amount of special education aid, 
attributable to that pupil, that is received by the district 
providing special instruction and services. 
     (e) An area learning center operated by an educational 
cooperative service unit, intermediate district, education 
district, or a joint powers cooperative may elect through the 
action of the constituent boards to charge tuition for 
nonhandicapped pupils rather than to calculate general education 
aid adjustments under paragraph (a), (b), or (c).  The tuition 
must be equal to the average general education revenue per pupil 
unit attributable to the student, or the average per pupil cost 
of operating the area learning center, whichever is less. 
    Sec. 13.  Minnesota Statutes 1990, section 125.032, 
subdivision 2, is amended to read: 
    Subd. 2.  [EXCEPTIONS.] A person who teaches in a community 
education program which qualifies for aid pursuant to section 
124.26 shall continue to meet licensure requirements as a 
teacher.  A person who teaches in an early childhood and family 
education program which is offered through a community education 
program and which qualifies for per capita community education 
aid pursuant to section 124.271 124.2713 or early childhood and 
family education aid pursuant to section 124.2711 shall continue 
to meet licensure requirements as a teacher.  A person who 
teaches in a community education course which is offered for 
credit for graduation to persons under 18 years of age shall 
continue to meet licensure requirements as a teacher.  A person 
who teaches a driver training course which is offered through a 
community education program to persons under 18 years of age 
shall be licensed by the board of teaching.  A license which is 
required for an instructor in a community education program 
pursuant to this subdivision shall not be construed to bring an 
individual within the definition of a teacher for purposes of 
section 125.12, subdivision 1, or section 125.17, subdivision 1, 
clause (a).  
    Sec. 14.  Minnesota Statutes 1990, section 127.19, is 
amended to read: 
    127.19 [OFFICERS, TEACHERS; NEGLECT OF DUTY; PENALTY.] 
    Any school officer, truant officer, public or nonpublic 
school teacher, principal, district superintendent, or person 
providing instruction other than a parent refusing, willfully 
failing, or neglecting to perform any duty imposed by sections 
120.101 to 120.103 and 120.101 to 120.16 120.14 is guilty of a 
misdemeanor; and, upon conviction, shall be punished for each 
offense by a fine of not more than $10 or by imprisonment for 
not more than ten days.  All fines, when collected, shall be 
paid into the county treasury for the benefit of the school 
district in which the offense is committed. 
    Sec. 15.  Minnesota Statutes 1990, section 144.49, 
subdivision 8, is amended to read: 
    Subd. 8.  [FALSE STATEMENTS IN REPORTS.] Any person 
lawfully engaged in the practice of healing who willfully makes 
any false statement in any report required to be made pursuant 
to sections 144.424 to section 144.45 is guilty of a misdemeanor.
    Sec. 16.  Minnesota Statutes 1990, section 222.63, 
subdivision 4, is amended to read: 
    Subd. 4.  [DISPOSITION PERMITTED.] The commissioner may 
lease any rail line or right-of-way held in the state rail bank 
or enter into an agreement with any person for the operation of 
any rail line or right-of-way for any of the purposes set forth 
in subdivision 2 in accordance with a fee schedule to be 
developed by the commissioner in consultation with the advisory 
task force established in section 222.65.  The commissioner may 
after consultation convey any rail line or right-of-way, for 
consideration or for no consideration and upon other terms as 
the commissioner may determine to be in the public interest, to 
any other state agency or to a governmental subdivision of the 
state having power by law to utilize it for any of the purposes 
set forth in subdivision 2. 
    Sec. 17.  Minnesota Statutes 1990, section 256.035, 
subdivision 8, is amended to read: 
    Subd. 8.  [CHILD CARE.] The commissioner shall ensure that 
each Minnesota family investment plan caregiver who is a parent 
in transitional status and who needs assistance with child care 
costs to independently pursue self-sufficiency or comply with 
the terms of a contract with the county agency receives a child 
care subsidy through child care money earmarked for the 
Minnesota family investment plan.  The subsidy must cover all 
actual child care costs for eligible hours up to the maximum 
rate allowed under sections section 256H.15 and 256H.16.  A 
caregiver who is a parent who leaves the program as a result of 
increased earnings from employment and who needs child care 
assistance to remain employed is entitled to extended child care 
assistance as provided under United States Code, title 42, 
section 602(g)(1)(A)(ii). 
    Sec. 18.  Minnesota Statutes 1990, section 268.38, 
subdivision 12, is amended to read: 
    Subd. 12.  [LICENSING REQUIREMENTS NOT APPLICABLE.] The 
requirements of sections 245A.01 to 245A.16 do not apply to 
transitional housing and support services funded under this 
section unless the commissioner of human services determines 
that the program is primarily a residential facility program 
within the meaning of section 245.782 245A.02, subdivision 6 
14.  
    Sec. 19.  Minnesota Statutes 1990, section 273.1392, is 
amended to read: 
    273.1392 [PAYMENT; SCHOOL DISTRICTS; COUNTIES.] 
    (1)  [AIDS TO SCHOOL DISTRICTS.] The amounts of 
conservation tax credits under section 273.119; disaster or 
emergency reimbursement under section 273.123; attached 
machinery aid under section 273.138; homestead credit under 
section 273.13; agricultural credit under section 273.132; aids 
and credits under section 273.1398; enterprise zone property 
credit payments under section 469.171; and metropolitan 
agricultural preserve reduction under section 473H.10, shall be 
certified to the department of education by the department of 
revenue.  The amounts so certified shall be paid according to 
section 124.195, subdivisions 6 and 10. 
    (2)  [AIDS TO COUNTIES.] The amounts of human services aid 
increase determined under section 273.1398, subdivision 5b, 
shall be deposited in a human services aid account hereby 
created as an account within the state's general fund.  The 
amount within the account shall annually be transferred to the 
department of human services by the department of revenue.  The 
amounts so transferred shall be paid according to section 
256.025. 
    Sec. 20.  Minnesota Statutes 1990, section 275.065, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PROPOSED LEVY.] Notwithstanding any law or 
charter to the contrary, on or before September 1, each taxing 
authority, other than a school district, shall adopt a proposed 
budget and each taxing authority shall certify to the county 
auditor the proposed or, in the case of a town, the final 
property tax levy for taxes payable in the following year.  If 
the board of estimate and taxation or any similar board that 
establishes maximum tax levies for taxing jurisdictions within a 
first class city certifies the maximum property tax levies for 
funds under its jurisdiction by charter to the county auditor by 
September 1, the city shall be deemed to have certified its 
levies for those taxing jurisdictions.  For purposes of this 
section, "taxing authority" includes all home rule and statutory 
cities, towns, counties, school districts, and special taxing 
districts.  The commissioner of revenue shall determine what 
constitutes a special taxing district for purposes of this 
section.  Intermediate school districts that levy a tax under 
chapter 136D, joint powers boards established under sections 
124.491 to 124.496 124.495, and common school districts No. 323, 
Franconia, and No. 815, Prinsburg, are special taxing districts 
for purposes of this section.  
    Sec. 21.  Minnesota Statutes 1990, section 290A.04, 
subdivision 2h, is amended to read: 
    Subd. 2h.  (a) If the gross property taxes payable on a 
homestead increase more than ten percent over the net property 
taxes payable in the prior year on the same property that is 
owned by the same owner in both years, and the amount of that 
increase is $40 or more for taxes payable in 1990 and 1991, $60 
or more for taxes payable in 1992, $80 or more for taxes payable 
in 1993, and $100 or more for taxes payable in 1994, a claimant 
who is a homeowner shall be allowed an additional refund equal 
to the sum of (1) 75 percent of the first $250 of the amount of 
the increase over ten percent for taxes payable in 1990 and 
1991, 75 percent of the first $275 of the amount of the increase 
over ten percent for taxes payable in 1992, 75 percent of the 
first $300 of the amount of the increase over ten percent for 
taxes payable in 1993, and 75 percent of the first $325 of the 
amount of the increase over ten percent for taxes payable in 
1994, and (2) 90 percent of the amount of the increase over ten 
percent plus $250 for taxes payable in 1990 and 1991, 90 percent 
of the amount of the increase over ten percent plus $275 for 
taxes payable in 1992, 90 percent of the amount of the increase 
over ten percent plus $300 for taxes payable in 1993, and 90 
percent of the amount of the increase over ten percent plus $325 
for taxes payable in 1994.  This subdivision shall not apply to 
any increase in the gross property taxes payable attributable to 
improvements made to the homestead after the assessment date for 
the prior year's taxes. 
    (b) For purposes of this subdivision, the following terms 
have the meanings given: 
    (1) "Net property taxes payable" means property taxes 
payable after reductions made under sections 273.13, 
subdivisions 22 and 23; 273.132; 273.135; 273.1391; and 273.42, 
subdivision 2, and any other state paid property tax credits and 
after the deduction of tax refund amounts for which the claimant 
qualifies pursuant to subdivision 2 and this subdivision.  
    (2) "Gross property taxes" means net property taxes payable 
determined without regard to the refund allowed under this 
subdivision. 
    (c) In addition to the other proofs required by this 
chapter, each claimant under this subdivision shall file with 
the property tax refund return a copy of the property tax 
statement for taxes payable in the preceding year or other 
documents required by the commissioner. 
    On or before December 1, 1990, and December 1 of each of 
the following three years, the commissioner shall estimate the 
cost of making the payments provided by this subdivision for 
taxes payable in the following year.  Notwithstanding the open 
appropriation provision of section 290A.23, if the estimated 
total refund claims exceed the following amounts for the taxes 
payable year designated, the commissioner shall increase the 
dollar amount of tax increase which must occur before a taxpayer 
qualifies for a refund so that the estimated total refund claims 
do not exceed the appropriation limit. 
     Taxes payable in:         Appropriation limit
       1991                     $13,000,000
       1992                      $6,500,000
       1993                      $6,000,000
       1994                      $5,500,000
      The determinations of the revised thresholds by the 
commissioner are not rules subject to chapter 14. 
    Sec. 22.  Minnesota Statutes 1990, section 299A.24, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ESTABLISHMENT OF COUNCIL.] A child abuse 
prevention council may be established in any county or group of 
counties that was eligible to receive funds under Minnesota 
Statutes 1986, section 145.917 as of January 1, 1986.  A council 
organized in such a county or group of counties shall be 
authorized by the commissioner to review programs seeking trust 
fund money on finding that the council meets the criteria in 
this subdivision: 
    (a) The council has submitted a plan for the prevention of 
child abuse that includes a survey of programs and services, 
assesses the need for additional programs or services, and 
demonstrates that standards and procedures have been established 
to ensure that funds will be distributed and used according to 
Laws 1986, chapter 423. 
    (b) A single-county council shall consist of: 
    (1) members of a multidisciplinary child protection team 
which must be established under section 626.558; and 
    (2) if necessary, enough additional members appointed by 
the county with knowledge in the area of child abuse so that a 
majority of the council is composed of members who do not 
represent public agencies. 
    (c) A multicounty council shall be selected by the combined 
membership of those multidisciplinary teams which have been 
established in the counties under section 626.558 and shall 
consist of: 
    (1) one representative each from local human services 
agencies, county attorney offices, county sheriff offices, and 
health and education agencies, chosen from among the membership 
of all the teams; 
     (2) one representative from any other public agency group 
represented among the combined teams; and 
     (3) enough additional members from the public who have 
knowledge in the area of child abuse so that a majority of the 
council is composed of members who do not represent public 
agencies. 
     (d) In any multicounty group eligible to establish a 
council under this subdivision, at least 50 percent of the 
counties must have established a multidisciplinary team under 
section 626.558 before a council may be established. 
    Sec. 23.  Minnesota Statutes 1990, section 299F.361, 
subdivision 1, is amended to read: 
    Subdivision 1.  There shall be provided and installed in 
each apartment of a multiple unit residence building containing 
four or more apartments, at least one fire extinguisher 
complying with the standards prescribed by section 299F.36 the 
state fire code and with a rating of not less than 1A-10BC, as 
defined by the National Fire Protection Pamphlet No. 10, or 
there shall be provided and installed within 50 feet of each 
apartment entrance at least one fire extinguisher complying with 
the standards prescribed by section 299F.36 the state fire code 
and with a rating of not less than 2A-10BC as defined by the 
National Fire Protection Pamphlet No. 10. 
    Sec. 24.  Minnesota Statutes 1990, section 356.215, 
subdivision 4d, is amended to read: 
    Subd. 4d.  [INTEREST AND SALARY ASSUMPTIONS.] For funds 
governed by chapters 3A, 352, 352B, 352C, 353, 353C, 354 other 
than the variable annuity fund governed by section 354.62, and 
490, the actuarial valuation shall use a preretirement interest 
assumption of 8.5 percent, a postretirement interest assumption 
of five percent, and an assumption that in each future year the 
salary on which a retirement or other benefit is based is 1.065 
multiplied by the salary for the preceding year.  For funds 
governed by chapter 354A, the actuarial valuation shall use 
preretirement and postretirement assumptions of 8.5 percent and 
an assumption that in each future year the salary on which a 
retirement or other benefit is based is 1.065 multiplied by the 
salary for the preceding year, but the actuarial valuation shall 
reflect the payment of postretirement adjustments to retirees 
shall be based on the methods specified in the bylaws of the 
fund as approved by the legislature.  For all other funds, the 
actuarial valuation shall use a preretirement interest 
assumption of five percent, a postretirement interest assumption 
of five percent, and an assumption that in each future year the 
salary on which a retirement or other benefit is based is 1.035 
multiplied by the salary for the preceding year. 
    For funds governed by chapters 3A, 352C, and 490, the 
actuarial valuation shall use a preretirement interest 
assumption of 8.5 percent, a postretirement interest assumption 
of five percent, and an assumption that in each future year in 
which the salary amount payable is not determinable from section 
3.099, 15A.081, subdivision 6, or 15A.083, subdivision 1, 
whichever is applicable, or from applicable compensation council 
recommendations under section 15A.082, the salary on which a 
retirement or other benefit is based is 1.065 multiplied by the 
known or computed salary for the preceding year, whichever is 
applicable. 
    Sec. 25.  Minnesota Statutes 1990, section 423.806, 
subdivision 1, is amended to read: 
    Subdivision 1.  These funds are derived from the following 
sources: 
    (a) Gifts made for that purpose; 
    (b) Rewards received by members; 
    (c) Moneys which comes into the possession of members which 
remains unclaimed for six months; 
    (d) Proceeds from sales of property which comes into the 
possession of members and which remains unclaimed for three 
months, which property shall be sold by the chief of police; 
    (e) Contributions made by members through payroll 
deduction, the amount of which shall be specified in the bylaws 
of the relief association; 
    (f) All moneys derived from taxations taxation, as provided 
by section 423.807 69.77; 
    (g) Moneys in the special fund of the relief association 
maintained by the association and all interest thereon or gains 
therefrom; 
    (h) Any other income allowed by law. 
    Sec. 26.  Minnesota Statutes 1990, section 446A.10, 
subdivision 2, is amended to read: 
    Subd. 2.  [OTHER RESPONSIBILITIES.] (a) The 
responsibilities for the health care equipment loan program 
under Minnesota Statutes 1986, section 116M.07, subdivisions 7a, 
7b, and 7c; the public school energy conservation loan program 
under section 216C.37; and the district heating and qualified 
energy improvement loan program under section 216C.36, are 
transferred from the Minnesota energy and economic development 
authority to the Minnesota public facilities authority.  The 
commissioner of public service shall continue to administer the 
municipal energy grant and loan programs under section 216C.36 
and the school energy loan program under section 216C.37 until 
the commissioner of trade and economic development has adopted 
rules to implement the financial administration of the programs 
as provided under sections 216C.36, subdivisions 2, 3b, 3c, 8, 
8a, and 11, and 216C.37, subdivisions 1 and 8. 
    (b) Except as otherwise provided in this paragraph, section 
15.039 applies to the transfer of responsibilities.  The 
transfer includes 8-1/2 positions from the financial management 
division of the department of trade and economic development to 
the community development division of the department of trade 
and economic development.  The commissioner of trade and 
economic development and the commissioner of public service 
shall determine which classified and unclassified positions 
associated with the responsibilities of the grant and loan 
programs under section 216C.36 and the school energy loan 
program under section 216C.37 are transferred to the 
commissioner of public service and which positions are 
transferred to the commissioner of trade and economic 
development in order to carry out the purposes of Laws 1987, 
chapter 386, article 3. 
    Sec. 27.  Minnesota Statutes 1990, 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, and 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. 28.  Minnesota Statutes 1990, section 604.06, is 
amended to read: 
    604.06 [FIREMAN'S RULE.] 
    The common law doctrine known as the fireman's rule shall 
not operate to deny any peace officer, as defined in section 
626.84, subdivision 1, clause (c), or 176B.01, subdivision 
2 public safety officer, as defined in section 299A.41, 
subdivision 4, a recovery in any action at law or authorized by 
statute. 
    Sec. 29.  [REPEALER.] 
    Minnesota Statutes 1990, sections 103I.005, subdivision 18; 
and 124.47, are repealed. 
    Presented to the governor May 23, 1991 
    Signed by the governor May 27, 1991, 10:35 p.m.

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