Office of the Revisor of Statutes
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conflicting, and superseded provisions; making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.
Official Publication of the State of Minnesota
Revisor of Statutes