Office of the Revisor of Statutes
Minnesota Session Laws - 1992, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1992
CHAPTER 464-H.F.No. 2647
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conflicting, and superseded provisions; making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
11A.23, subdivision 2; 13.791; 82B.20, subdivision 2;
86B.115; 86B.601, subdivision 1; 88.45; 103I.112;
115A.63, subdivision 3; 115A.82; 116J.70, subdivision
2a; 176.1041, subdivision 1; 176.361, subdivision 2;
177.23, subdivision 7; 183.38, subdivision 1; 214.01,
subdivision 2; 268A.09, subdivision 7; 290.10;
297A.15, subdivision 5; 298.402; 298.405, subdivision
1; 326.405; 326.43; 348.13; 352.116, subdivision 3b;
352B.10, subdivision 5; 352B.105; 356.24; 356.82;
466.131; 504.02; 514.53; 517.08, subdivision 1c; and
609.0331; Minnesota Statutes 1991 Supplement, sections
3.873, subdivision 6; 16B.122, subdivision 2; 60D.20,
subdivision 1; 60G.01, subdivision 2; 116.072,
subdivision 1; 116J.693, subdivision 2; 124.19,
subdivision 1; 124.479; 169.983; 171.06, subdivision
3; 179A.10, subdivision 2; 256.969, subdivisions 2 and
3a; 256B.74, subdivision 2; 256H.03, subdivision 5;
272.01, subdivision 2; 272.02, subdivision 1; 275.50,
subdivision 5; 340A.4055; 457A.01, subdivision 5;
473.845, subdivision 3; and 611A.02, subdivision 2;
reenacting Minnesota Statutes 1991 Supplement, section
256B.431, subdivision 3f; repealing Minnesota Statutes
1990, section 326.01, subdivision 20; Laws 1989,
chapter 282, article 2, section 188; Laws 1991,
chapters 182, section 1; and 305, section 10.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
REVISOR'S BILL
STATUTORY CORRECTIONS
Section 1. Minnesota Statutes 1991 Supplement, section
3.873, subdivision 6, is amended to read:
Subd. 6. [LEGISLATIVE REPORTS AND RECOMMENDATIONS.] The
commission shall make recommendations to the legislature to
implement combining education, and health and human services and
related support services provided to children and their families
by the departments of education, human services, health and
other state agencies into a single state department of children
and families to provide more effective and efficient services.
The commission also shall make recommendations to the
legislature or committees, as it deems appropriate to assist the
legislature in formulating legislation. To facilitate
coordination between executive and legislative authorities, the
commission shall review and evaluate the plans and proposals of
the governor and state agencies on matters within the
commission's jurisdiction and shall provide the legislature with
its analysis and recommendations. Any analysis and
recommendations must integrate recommendations for the design of
an education service delivery system under section 124.2721,
subdivision 4a Laws 1991, chapter 265, article 6, section 64.
The commission shall report its final recommendations under this
subdivision and subdivision 7, paragraph (a), by January 1,
1993. The commission shall submit a progress report by January
1, 1992.
Sec. 2. Minnesota Statutes 1990, section 11A.23,
subdivision 2, is amended to read:
Subd. 2. [INVESTMENT.] Retirement fund assets certified to
the state board pursuant to subdivision 1 shall be invested by
the state board subject to the provisions of section 11A.24.
Retirement fund assets transferred to the Minnesota
postretirement investment fund, the combined investment fund, or
the supplemental investment fund or the variable annuity
investment fund shall be invested by the state board as part of
those funds.
Sec. 3. Minnesota Statutes 1990, section 13.791, is
amended to read:
13.791 [REHABILITATION DATA.]
Subdivision 1. [GENERAL.] Unless the data is summary data
or is otherwise classified by statute or federal law, all data
collected and maintained by the department of jobs and
training labor and industry that pertain to individuals applying
for or receiving rehabilitation services is private data on
individuals.
Subd. 2. [HARMFUL DATA.] Medical, psychological, or other
rehabilitation data that the commissioner of jobs and
training labor and industry determines may be harmful to the
individual shall not be released directly to the individual but
must be provided through the individual's legal representative,
a physician, or a licensed psychologist.
Subd. 3. [DATA ON BLIND VENDORS.] The commissioner of jobs
and training labor and industry may release the name, business
address, and business telephone number of an individual licensed
under section 248.07, subdivision 8. The state committee of
blind vendors organized in accordance with Code of Federal
Regulations, title 34, section 395.14, has access to private
data in the department of jobs and training on an individual
licensed under section 248.07, subdivision 8, to the extent
necessary to complete its duties.
Sec. 4. Minnesota Statutes 1990, section 176.1041,
subdivision 1, is amended to read:
Subdivision 1. [CERTIFICATION PROGRAM.] The division of
vocational rehabilitation unit shall establish a program
authorizing qualified rehabilitation consultants and approved
vendors to refer an employee to the division unit for the sole
purpose of federal targeted jobs tax credit eligibility
determination. The division unit shall set forth the specific
requirements, procedures and eligibility criteria for purposes
of this section. The division unit shall not be required to
certify an injured employee who does not meet the eligibility
requirements set forth in the federal Rehabilitation Act of
1973, as amended.
Sec. 5. Minnesota Statutes 1990, section 176.361,
subdivision 2, is amended to read:
Subd. 2. [WRITTEN APPLICATION.] A person desiring to
intervene in a workers' compensation case as a party, including
but not limited to a health care provider who has rendered
services to an employee or an insurer who has paid benefits
under section 176.191, shall submit a timely written application
to intervene to the commissioner, the office, or to the court of
appeals, whichever is applicable.
(a) The application must be served on all parties either
personally, by first class mail, or registered mail, return
receipt requested. An application to intervene must be served
and filed within 30 days after a person has received notice that
a claim has been filed or a request for mediation made. An
untimely application is subject to denial under subdivision 7.
(b) In any other situation, timeliness will be determined
by the commissioner, compensation judge, or awarding authority
in each case based on circumstances at the time of filing. The
application must show how the applicant's legal rights, duties,
or privileges may be determined or affected by the case; state
the grounds and purposes for which intervention is sought; and
indicate the statutory right to intervene. The application must
be accompanied by the following, if applicable, except that if
the action is pending in the mediation or rehabilitation and
medical services section, clause (6) is not required and the
information listed in clauses (1) to (5) may be brought to the
conference rather than attached to the application:
(1) an itemization of disability payments showing the
period during which the payments were or are being made; the
weekly or monthly rate of the payments; and the amount of
reimbursement claimed;
(2) a summary of the medical or treatment payments, or
rehabilitation services provided by the division of vocational
rehabilitation unit, broken down by creditor, showing the total
bill submitted, the period of treatment or rehabilitation
covered by that bill, the amount of payment on that bill, and to
whom the payment was made;
(3) copies of all medical or treatment bills on which some
payment was made;
(4) copies of the work sheets or other information stating
how the payments on medical or treatment bills were calculated;
(5) a copy of the relevant policy or contract provisions
upon which the claim for reimbursement is based;
(6) a proposed order allowing intervention with sufficient
copies to serve on all parties;
(7) the name and telephone number of the person
representing the intervenor who has authority to reach a
settlement of the issues in dispute;
(8) proof of service or copy of the registered mail
receipt;
(9) at the option of the intervenor, a proposed stipulation
which states that all of the payments for which reimbursement is
claimed are related to the injury or condition in dispute in the
case and that, if the petitioner is successful in proving the
compensability of the claim, it is agreed that the sum be
reimbursed to the intervenor; and
(10) if represented by an attorney, the name, address,
telephone number, and Minnesota Supreme Court license number of
the attorney.
Sec. 6. Minnesota Statutes 1990, section 268A.09,
subdivision 7, is amended to read:
Subd. 7. [GRANTS.] The commissioner may use money
allocated to the division of vocational rehabilitation unit for
management information systems to provide grants to
rehabilitation facilities to finance and purchase equipment
necessary to: (1) provide the information required to comply
with the evaluation criteria developed under subdivision 5; (2)
increase sheltered worker productivity; and (3) train severely
disabled people in computer and other high-technology
applications. As a condition of receiving a grant for the
purposes of (2) or (3), the commissioner shall require
rehabilitation facilities to provide matching money.
Sec. 7. Minnesota Statutes 1991 Supplement, section
16B.122, subdivision 2, is amended to read:
Subd. 2. [PURCHASES; PRINTING.] (a) Whenever practicable,
a public entity shall:
(1) purchase uncoated office paper and printing paper;
(2) purchase recycled content paper with at least ten
percent postconsumer material by weight;
(3) purchase paper which has not been dyed with colors,
excluding pastel colors;
(4) purchase recycled content paper that is manufactured
using little or no chlorine bleach or chlorine derivatives;
(5) use no more than two colored inks, standard or
processed, except in formats where they are necessary to convey
meaning;
(6) use reusable binding materials or staples and bind
documents by methods that do not use glue;
(7) use soy-based inks; and
(8) produce reports, publications, and periodicals that are
readily recyclable within the state resources resource recovery
program.
(b) Paragraph (a), clause (1), does not apply to coated
paper that is made with at least 50 percent fiber that has been
recycled after use by a consumer.
(c) A public entity shall print documents on both sides of
the paper where commonly accepted publishing practices allow.
Sec. 8. Minnesota Statutes 1991 Supplement, section
60D.20, subdivision 1, is amended to read:
Subdivision 1. [TRANSACTIONS WITHIN A HOLDING COMPANY
SYSTEM.] (a) Transactions within a holding company system to
which an insurer subject to registration is a party is are
subject to the following standards:
(1) the terms shall be fair and reasonable;
(2) charges or fees for services performed shall be
reasonable;
(3) expenses incurred and payment received shall be
allocated to the insurer in conformity with customary insurance
accounting practices consistently applied;
(4) the books, accounts, and records of each party to all
such transactions shall be so maintained as to clearly and
accurately disclose the nature and details of the transactions
including this accounting information as is necessary to support
the reasonableness of the charges or fees to the respective
parties; and
(5) the insurer's surplus as regards policyholders
following any dividends or distributions to shareholder
affiliates shall be reasonable in relation to the insurer's
outstanding liabilities and adequate to its financial needs.
(b) The following transactions involving a domestic insurer
and any person in its holding company system may not be entered
into unless the insurer has notified the commissioner in writing
of its intention to enter into the transaction at least 30 days
prior thereto, or a shorter period the commissioner permits, and
the commissioner has not disapproved it within this period.
(1) sales, purchases, exchanges, loans or extensions of
credit, guarantees, or investments provided the transactions are
equal to or exceed: (i) with respect to nonlife insurers, the
lesser of three percent of the insurer's admitted assets, or 25
percent of surplus as regards policyholders; (ii) with respect
to life insurers, three percent of the insurer's admitted
assets; each as of the 31st day of December next preceding;
(2) loans or extensions of credit to any person who is not
an affiliate, where the insurer makes the loans or extensions of
credit with the agreement or understanding that the proceeds of
the transactions, in whole or in substantial part, are to be
used to make loans or extensions of credit to, to purchase
assets of, or to make investments in, any affiliate of the
insurer making such loans or extensions of credit provided the
transactions are equal to or exceed: (i) with respect to
nonlife insurers, the lesser of three percent of the insurer's
admitted assets or 25 percent of surplus as regards
policyholders; (ii) with respect to life insurers, three percent
of the insurer's admitted assets; each as of the 31st day of
December next preceding;
(3) reinsurance agreements or modifications to those
agreements in which the reinsurance premium or a change in the
insurer's liabilities equals or exceeds five percent of the
insurer's surplus as regards policyholders, as of the 31st day
of December next preceding, including those agreements which may
require as consideration the transfer of assets from an insurer
to a nonaffiliate, if an agreement or understanding exists
between the insurer and nonaffiliate that any portion of such
assets will be transferred to one or more affiliates of the
insurer;
(4) all management agreements, service contracts and all
cost-sharing arrangements; and
(5) any material transactions, specified by regulation,
which the commissioner determines may adversely affect the
interests of the insurer's policyholders.
Nothing contained in this section authorizes or permits any
transactions that, in the case of an insurer not a member of the
same holding company system, would be otherwise contrary to law.
(c) A domestic insurer may not enter into transactions
which are part of a plan or series of like transactions with
persons within the holding company system if the purpose of
those separate transactions is to avoid the statutory threshold
amount and thus avoid the review that would occur otherwise. If
the commissioner determines that the separate transactions were
entered into over any 12-month period for the purpose, the
commissioner may exercise the authority under section 60D.25.
(d) The commissioner, in reviewing transactions pursuant to
paragraph (b), shall consider whether the transactions comply
with the standards set forth in paragraph (a), and whether they
may adversely affect the interests of policyholders.
(e) The commissioner shall be notified within 30 days of
any investment of the domestic insurer in any one corporation if
the total investment in the corporation by the insurance holding
company system exceeds ten percent of the corporation's voting
securities.
Sec. 9. Minnesota Statutes 1991 Supplement, section
60G.01, subdivision 2, is amended to read:
Subd. 2. [COMMISSIONER.] "Commissioner" means the
commissioner of commerce, except that "commissioner" means the
commissioner of health for administrative supervision of health
maintenance organizations.
Sec. 10. Minnesota Statutes 1990, section 82B.20,
subdivision 2, is amended to read:
Subd. 2. [CONDUCT PROHIBITED.] No person may:
(1) obtain or try to obtain a license under this chapter by
knowingly making a false statement, submitting false
information, refusing to provide complete information in
response to a question in an application for license, or through
any form of fraud or misrepresentation;
(2) fail to meet the minimum qualifications established by
this chapter;
(3) be convicted, including a conviction based upon a plea
of guilty or nolo contendere, of a crime that is substantially
related to the qualifications, functions, and duties of a person
developing real estate appraisals and communicating real estate
appraisals to others;
(4) engage in an act or omission involving dishonesty,
fraud, or misrepresentation with the intent to substantially
benefit the license holder or another person or with the intent
to substantially injure another person;
(5) engage in a violation of any of the standards for the
development or communication of real estate appraisals as
provided in this chapter;
(6) fail or refuse without good cause to exercise
reasonable diligence in developing an appraisal, preparing an
appraisal report, or communicating an appraisal;
(7) engage in negligence or incompetence in developing an
appraisal, in preparing an appraisal report, or in communicating
an appraisal;
(8) willfully disregard or violate any of the provisions of
this chapter or the rules of the commissioner for the
administration and enforcement of the provisions of this
chapter;
(9) accept an appraisal assignment when the employment
itself is contingent upon the appraiser reporting a
predetermined estimate, analysis, or opinion, or where the fee
to be paid is contingent upon the opinion, conclusion, or
valuation reached, or upon the consequences resulting from the
appraisal assignment;
(10) violate the confidential nature of governmental
records to which the person gained access through employment or
engagement as an appraiser by a governmental agency;
(11) offer, pay, or give, and no person shall accept, any
compensation or other thing of value from a real estate
appraiser by way of commission-splitting, rebate, finder's fee,
or otherwise in connection with a real estate appraisal. This
prohibition does not apply to transactions among persons
licensed under this chapter if the transactions involve
appraisals for which the license is required;
(12) engage or authorize a person, except a person licensed
under this chapter, to act as a real estate appraiser on the
appraiser's behalf;
(13) violate standards of professional practice as defined
by section 82B.02, subdivision 11;
(14) make an oral appraisal report without also making a
written report within a reasonable time after the oral report is
made;
(15) represent a market analysis to be an appraisal report;
(16) give an appraisal in any circumstances where the
appraiser has a conflict of interest, as determined under rules
adopted by the commissioner; or
(17) engage in other acts the commissioner by rule
prohibits.
Sec. 11. Minnesota Statutes 1990, section 86B.115, is
amended to read:
86B.115 [USE OF DOCKS AND STRUCTURES FOR ADVERTISING
PROHIBITED.]
A person may not use a fixed or anchored structure on the
waters of this state or, not a part of a pier or dock extending
from shore, for advertising purposes.
Sec. 12. Minnesota Statutes 1990, section 86B.601,
subdivision 1, is amended to read:
Subdivision 1. [FLAG REQUIRED.] (a) A person who swims in
waters of the state, except designated swimming areas under
section 86B.311, subdivision 4, while wearing or carrying a
breathing apparatus allowing the swimmer to breathe while under
water, except a snorkel that is not attached to an artificial
container of compressed air, must display a diver's flag above
the surface of the water.
(b) A person who places a diver's flag must remain within
50 feet of the flag, measured on the surface of the water.
(c) A person shall not place a diver's flag where it will
obstruct navigation.
(d) A diver's flag shall measure at least 15 inches
horizontally and 12 inches vertically, and both sides shall have
a red-colored background bisected diagonally by a three-inch
wide white stripe having its upper end adjacent to the flagstaff.
(e) A diver's flag shall be displayed in a vertical plane
extended from a rigid flagstaff equipped to maintain the upper
edge of the flag at least 30 inches above the water surface.
(f) A diver's flag may be reflectorized or fluorescent
provided the entire surface is uniformly reflectorized or
fluorescent.
(g) A diver's flag may be anchored or secured to the bottom
when a safety hazard would result from towing the flag.
(h) If at the discretion of the diver it would be safer and
more visible, the flag may be displayed on a watercraft. If the
flag is displayed on the watercraft, the craft must be at anchor
or, if not at anchor, attended by a diver or a person appointed
by the diver to tend the craft. Only watercraft displaying an
official diver's flag are authorized in the diving area.
Sec. 13. Minnesota Statutes 1990, section 88.45, is
amended to read:
88.45 [MUNICIPALITIES TO COOPERATE.]
Counties doing anything under this section sections 88.28
to 88.46 shall act by and through county boards; towns, by and
through town boards; and cities, by and through their councils
or other governing bodies. It shall be the duty of all such
municipalities and their officials and employees to cooperate,
as far as possible, with the director and other employees in the
forestry service. In all cases where forest fires are actually
burning the orders and directions of the director and district
rangers shall be binding upon, and must be obeyed by, all
officials and employees of any municipality until the fires
shall have been extinguished.
Sec. 14. Minnesota Statutes 1990, section 103I.112, is
amended to read:
103I.112 [FEE EXEMPTIONS FOR STATE AND LOCAL GOVERNMENT.]
(a) The commissioner of health may not charge fees required
under this chapter to a state agency or a local unit of
government or to a subcontractor performing work for the state
agency or local unit of government.
(b) "Local unit of government" means a statutory or home
rule charter city, town, county, or soil and water conservation
district, watershed district, an organization formed for the
joint exercise of powers under section 471.59, a local health
board of health or community health board, or other special
purpose district or authority with local jurisdiction in water
and related land resources management.
Sec. 15. Minnesota Statutes 1990, section 115A.63,
subdivision 3, is amended to read:
Subd. 3. [RESTRICTIONS.] No waste district shall be
established within the boundaries of the Western Lake Superior
Sanitary District established by Laws 1971, chapter 478, as
amended under chapter 458D. No waste district shall be
established wholly within one county. The office shall not
establish a waste district within or extending into the
metropolitan area, nor define or alter the powers or boundaries
of a district, without the approval of the metropolitan
council. The council shall not approve a district unless the
articles of incorporation of the district require that the
district will have the same procedural and substantive
responsibilities, duties, and relationship to the metropolitan
agencies as a metropolitan county. The office shall not
establish a district unless the petitioners demonstrate that
they are unable to fulfill the purposes of a district through
joint action under section 471.59. The office shall require the
completion of a comprehensive solid waste management plan
conforming to the requirements of section 115A.46, by
petitioners seeking to establish a district.
Sec. 16. Minnesota Statutes 1990, section 115A.82, is
amended to read:
115A.82 [ELIGIBILITY.]
Facilities may be designated under sections 115A.80 to
115A.89 by (1) a solid waste management district established
pursuant to sections 115A.62 to 115A.72 and possessing
designation authority in its articles of incorporation; or (2) a
county, but only for waste generated outside of the boundaries
of a district qualifying under clause (1) or the Western Lake
Superior Sanitary District established by Laws 1971, chapter
478, as amended under chapter 458D.
Sec. 17. Minnesota Statutes 1991 Supplement, section
116J.693, subdivision 2, is amended to read:
Subd. 2. [BOARD OF DIRECTORS.] Advantage Minnesota, Inc.
shall be governed by a board of directors consisting of members
of organizations that have been certified by the
commissioner under section 2, clause 1, including Minnesota
business and industry and labor organizations; the governor or a
designee; the commissioner; and serving as nonvoting members
representing the legislature, the majority and minority leaders
of the senate and the speaker of the house of representatives
and the minority leader or their designees. Meetings of the
board are subject to section 471.705.
Sec. 18. Minnesota Statutes 1990, section 116J.70,
subdivision 2a, is amended to read:
Subd. 2a. [LICENSE; EXCEPTIONS.] "Business license" or
"license" does not include the following:
(1) any occupational license or registration issued by a
licensing board listed in section 214.01 or any occupational
registration issued by the commissioner of health pursuant to
section 214.13;
(2) any license issued by a county, home rule charter city,
statutory city, township, or other political subdivision;
(3) any license required to practice the following
occupation regulated by the following sections:
(a) abstracters regulated pursuant to chapter 386;
(b) accountants regulated pursuant to chapter 326;
(c) adjusters regulated pursuant to chapter 72B;
(d) architects regulated pursuant to chapter 326;
(e) assessors regulated pursuant to chapter 270;
(f) attorneys regulated pursuant to chapter 481;
(g) auctioneers regulated pursuant to chapter 330;
(h) barbers regulated pursuant to chapter 154;
(i) beauticians regulated pursuant to chapter 155A;
(j) boiler operators regulated pursuant to chapter 183;
(k) chiropractors regulated pursuant to chapter 148;
(l) collection agencies regulated pursuant to chapter 332;
(m) cosmetologists regulated pursuant to chapter 155A;
(n) dentists, registered dental assistants, and dental
hygienists regulated pursuant to chapter 150A;
(o) detectives regulated pursuant to chapter 326;
(p) electricians regulated pursuant to chapter 326;
(q) embalmers regulated pursuant to chapter 149;
(r) engineers regulated pursuant to chapter 326;
(s) insurance brokers and salespersons regulated pursuant
to chapter 60A;
(t) midwives regulated pursuant to chapter 148;
(u) morticians regulated pursuant to chapter 149;
(v) nursing home administrators regulated pursuant to
chapter 144A;
(w) optometrists regulated pursuant to chapter 148;
(x) osteopathic physicians regulated pursuant to chapter
147;
(y) pharmacists regulated pursuant to chapter 151;
(z) physical therapists regulated pursuant to chapter 148;
(aa) physicians and surgeons regulated pursuant to chapter
147;
(bb) plumbers regulated pursuant to chapter 326;
(cc) podiatrists regulated pursuant to chapter 153;
(dd) practical nurses regulated pursuant to chapter 148;
(ee) professional fundraisers regulated pursuant to chapter
309;
(ff) psychologists regulated pursuant to chapter 148;
(gg) real estate brokers, salespersons, and others
regulated pursuant to chapters 82 and 83;
(hh) registered nurses regulated pursuant to chapter 148;
(ii) securities brokers, dealers, agents, and investment
advisers regulated pursuant to chapter 80A;
(jj) steamfitters regulated pursuant to chapter 326;
(kk) teachers and supervisory and support personnel
regulated pursuant to chapter 125;
(ll) veterinarians regulated pursuant to chapter 156;
(mm) watchmakers regulated pursuant to chapter 326;
(nn) water conditioning contractors and installers
regulated pursuant to chapter 326;
(oo) (nn) water well contractors regulated pursuant to
chapter 156A;
(pp) (oo) water and waste treatment operators regulated
pursuant to chapter 115;
(qq) (pp) motor carriers regulated pursuant to chapter 221;
(rr) (qq) professional corporations regulated pursuant to
chapter 319A;
(4) any driver's license required pursuant to chapter 171;
(5) any aircraft license required pursuant to chapter 360;
(6) any watercraft license required pursuant to chapter
86B;
(7) any license, permit, registration, certification, or
other approval pertaining to a regulatory or management program
related to the protection, conservation, or use of or
interference with the resources of land, air, or water, which is
required to be obtained from a state agency or instrumentality;
and
(8) any pollution control rule or standard established by
the pollution control agency or any health rule or standard
established by the commissioner of health or any licensing rule
or standard established by the commissioner of human services.
Sec. 19. [REPEALER.]
Minnesota Statutes 1990, section 326.01, subdivision 20, is
repealed.
Sec. 20. Minnesota Statutes 1991 Supplement, section
124.19, subdivision 1, is amended to read:
Subdivision 1. [INSTRUCTIONAL TIME.] Every district shall
maintain school in session or provide instruction in other
districts for at least the number of days required in
subdivision 1b, not including summer school, or the equivalent
in a district operating a flexible school year program. A
district that holds school for the required minimum number of
days and is otherwise qualified is entitled to state aid as
provided by law. If school is not held for the required minimum
number of days, state aid shall be reduced by the ratio that the
difference between the required number of days and the number of
days school is held bears to the required number of days,
multiplied by 60 percent of the basic revenue, as defined in
section 124A.22, subdivision 2, of the district for that year.
However, districts maintaining school for fewer than the
required minimum number of days do not lose state aid (1) if the
circumstances causing loss of school days below the required
minimum number of days are beyond the control of the board, (2)
if proper evidence is submitted, and (3) if a good faith attempt
is made to make up time lost due to these circumstances. The
loss of school days resulting from a lawful employee strike
shall not be considered a circumstance beyond the control of the
board. Days devoted to meetings authorized or called by the
commissioner may not be included as part of the required minimum
number of days of school. For grades 1 to 12, days devoted to
parent-teacher conferences, teachers' workshops, or other staff
development opportunities as part of the required minimum number
of days must not exceed the difference between the number of
days required in subdivision 1b and the number of instructional
days required in subdivision 1b. For kindergarten, days devoted
to parent-teacher conferences, teachers' workshops, or other
staff development opportunities as part of the required minimum
number of days must not exceed twice the number of days for
grades 1 to 12.
Sec. 21. Minnesota Statutes 1991 Supplement, section
124.479, is amended to read:
124.479 [BOND ISSUE; MAXIMUM EFFORT SCHOOL LOANS, 1991.]
To provide money to be loaned to school districts as
agencies and political subdivisions of the state to acquire and
to better public land and buildings and other public
improvements of a capital nature, in the manner provided by the
maximum effort school aid law, the commissioner of finance shall
issue and sell school loan bonds of the state of Minnesota in
the maximum amount of $45,065,000, in addition to the bonds
already authorized for this purpose. The same amount is
appropriated to the maximum effort school loan fund and must be
spent under the direction of the commissioner of education to
make debt service loans and capital loans to school districts as
provided in sections 124.36 to 124.47. The bonds must be issued
and sold and provision for their payment must be made according
to section 124.46. Expenses incidental to the sale, printing,
execution, and delivery of the bonds, including, but without
limitation, actual and necessary travel and subsistence expenses
of state officers and employees for those purposes, must be paid
from the maximum effort school loan fund, and the money
necessary for the expenses is appropriated from that fund.
No bonds may be sold or issued under this section until all
bonds authorized by Laws 1990, chapter 610, article 1, sections
2 to 7, are sold and issued and the authorized project contracts
have been initiated or abandoned.
Sec. 22. Minnesota Statutes 1991 Supplement, section
169.983, is amended to read:
169.983 [SPEEDING VIOLATIONS; CREDIT CARD PAYMENT OF
FINES.]
The officer who issues a citation for a violation by a
person who does not reside in Minnesota of section 169.14 or
169.141 shall give the defendant the option to plead guilty to
the violation upon issuance of the citation and to pay the fine
to the issuing officer with a credit card.
The commissioner of public safety shall adopt rules to
implement this section, including specifying the types of credit
cards that may be used.
Sec. 23. Minnesota Statutes 1991 Supplement, section
171.06, subdivision 3, is amended to read:
Subd. 3. [CONTENTS OF APPLICATION; OTHER INFORMATION.] An
application must state the full name, date of birth, sex and
residence address of the applicant, a description of the
applicant in such manner as the commissioner may require, and
must state whether or not the applicant has theretofore been
licensed as a driver; and, if so, when and by what state or
country and whether any such license has ever been suspended or
revoked, or whether an application has ever been refused; and,
if so, the date of and reason for such suspension, revocation,
or refusal, together with such facts pertaining to the applicant
and the applicant's ability to operate a motor vehicle with
safety as may be required by the commissioner. An application
for a Class CC, Class B, or Class A driver's license also must
state the applicant's social security number. The application
form must contain a space where the applicant may indicate a
desire to make an anatomical gift. If the applicant does not
indicate a desire to make an anatomical gift when the
application is made, the applicant must be offered a donor
document in accordance with section 171.07, subdivision 5. The
application form must contain statements sufficient to comply
with the requirements of the uniform anatomical gift act (1987),
sections 595.921 525.921 to 525.9224, so that execution of the
application or donor document will make the anatomical gift as
provided in section 171.07, subdivision 5, for those indicating
a desire to make an anatomical gift. The application form must
contain a notification to the applicant of the availability of a
living will designation on the license under section 171.07,
subdivision 7. The application must be in the form prepared by
the commissioner.
The application form must be accompanied by a pamphlet
containing relevant facts relating to:
(1) the effect of alcohol on driving ability;
(2) the effect of mixing alcohol with drugs;
(3) the laws of Minnesota relating to operation of a motor
vehicle while under the influence of alcohol or a controlled
substance; and
(4) the levels of alcohol-related fatalities and accidents
in Minnesota and of arrests for alcohol-related violations.
The application form must also be accompanied by a pamphlet
describing Minnesota laws regarding anatomical gifts and the
need for and benefits of anatomical gifts.
Sec. 24. Minnesota Statutes 1990, section 177.23,
subdivision 7, is amended to read:
Subd. 7. "Employee" means any individual employed by an
employer but does not include:
(1) two or fewer specified individuals employed at any
given time in agriculture on a farming unit or operation who are
paid a salary;
(2) any individual employed in agriculture on a farming
unit or operation who is paid a salary greater than the
individual would be paid if the individual worked 48 hours at
the state minimum wage plus 17 hours at 1-1/2 times the state
minimum wage per week;
(3) an individual under 18 who is employed in agriculture
on a farm to perform services other than corn detasseling or
hand field work when one or both of that minor hand field
worker's parents or physical custodians are also hand field
workers;
(4) for purposes of section 177.24, an individual under 18
who is employed as a corn detasseler;
(5) any staff member employed on a seasonal basis by an
organization for work in an organized resident or day camp
operating under a permit issued under section 144.72;
(6) any individual employed in a bona fide executive,
administrative, or professional capacity, or a salesperson who
conducts no more than 20 percent of sales on the premises of the
employer;
(7) any individual who renders service gratuitously for a
nonprofit organization;
(8) any individual who serves as an elected official for a
political subdivision or who serves on any governmental board,
commission, committee or other similar body, or who renders
service gratuitously for a political subdivision;
(9) any individual employed by a political subdivision to
provide police or fire protection services or employed by an
entity whose principal purpose is to provide police or fire
protection services to a political subdivision;
(10) any individual employed by a political subdivision who
is ineligible for membership in the public employees retirement
association under section 353.01, subdivision 2b,
clause (a) (1), (b) (2), (d) (4), or (i) (9);
(11) any driver employed by an employer engaged in the
business of operating taxicabs;
(12) any individual engaged in babysitting as a sole
practitioner;
(13) for the purpose of section 177.25, any individual
employed on a seasonal basis in a carnival, circus, fair, or ski
facility;
(14) any individual under 18 working less than 20 hours per
workweek for a municipality as part of a recreational program;
(15) any individual employed by the state as a natural
resource manager 1, 2, or 3 (conservation officer);
(16) any individual in a position for which the United
States Department of Transportation has power to establish
qualifications and maximum hours of service under United States
Code, title 49, section 304;
(17) any individual employed as a seafarer. The term
"seafarer" means a master of a vessel or any person subject to
the authority, direction, and control of the master who is
exempt from federal overtime standards under United States Code,
title 29, section 213(b)(6), including but not limited to
pilots, sailors, engineers, radio operators, firefighters,
security guards, pursers, surgeons, cooks, and stewards;
(18) any individual employed by a county in a single-family
residence owned by a county home school as authorized under
section 260.094 if the residence is an extension facility of
that county home school, and if the individual as part of the
employment duties resides at the residence for the purpose of
supervising children as defined by section 260.015, subdivision
2; or
(19) nuns, monks, priests, lay brothers, lay sisters,
ministers, deacons, and other members of religious orders who
serve pursuant to their religious obligations in schools,
hospitals, and other nonprofit institutions operated by the
church or religious order.
Sec. 25. Minnesota Statutes 1991 Supplement, section
179A.10, subdivision 2, is amended to read:
Subd. 2. [STATE EMPLOYEES.] Unclassified employees, unless
otherwise excluded, are included within the units which include
the classifications to which they are assigned for purposes of
compensation. Supervisory employees shall only be assigned to
units 12 13 and 16 17. The following are the appropriate units
of executive branch state employees:
(1) law enforcement unit;
(2) craft, maintenance, and labor unit;
(3) service unit;
(4) health care nonprofessional unit;
(5) health care professional unit;
(6) clerical and office unit;
(7) technical unit;
(8) correctional guards unit;
(9) state university instructional unit;
(10) community college instructional unit;
(11) technical college instructional unit;
(12) state university administrative unit;
(13) professional engineering unit;
(14) health treatment unit;
(15) general professional unit;
(16) professional state residential instructional unit; and
(17) supervisory employees unit.
Each unit consists of the classifications or positions
assigned to it in the schedule of state employee job
classification and positions maintained by the commissioner.
The commissioner may only make changes in the schedule in
existence on the day prior to August 1, 1984, as required by law
or as provided in subdivision 4.
Sec. 26. Minnesota Statutes 1990, section 183.38,
subdivision 1, is amended to read:
Subdivision 1. [ALL BOILERS INSPECTED.] The division of
boiler inspection shall inspect all boilers and pressure vessels
in use not expressly excepted from such inspection by law.
Immediately upon inspection the division of boiler inspection
shall issue a certificate of inspection therefor or a
certificate condemning the boiler or pressure vessel and shall
seal it. Forms for these licenses and certificates shall be
prepared and furnished by the commission commissioner. The
division of boiler inspection shall examine all applicants for
engineer's licenses. The chief of the division of boiler
inspection shall issue such license to an applicant as the
examination shall show the applicant is entitled to receive.
Sec. 27. Minnesota Statutes 1991 Supplement, section
256.969, subdivision 2, is amended to read:
Subd. 2. [DIAGNOSTIC CATEGORIES.] The commissioner shall
use to the extent possible existing diagnostic classification
systems, including the system used by the Medicare program to
determine the relative values of inpatient services and case mix
indices. The commissioner may combine diagnostic
classifications into diagnostic categories and may establish
separate categories and numbers of categories based on program
eligibility or hospital peer group. Relative values shall be
recalculated when the base year is changed. Relative value
determinations shall include paid claims for admissions during
each hospital's base year. The commissioner may extend the time
period forward to obtain sufficiently valid information to
establish relative values. Relative value determinations shall
not include property cost data, Medicare crossover data, and
data on admissions that are paid a per day transfer rate under
subdivision 13 14. The computation of the base year cost per
admission must include identified outlier cases and their
weighted costs up to the point that they become outlier cases,
but must exclude costs recognized in outlier payments beyond
that point. The commissioner may recategorize the diagnostic
classifications and recalculate relative values and case mix
indices to reflect actual hospital practices, the specific
character of specialty hospitals, or to reduce variances within
the diagnostic categories after notice in the State Register and
a 30-day comment period.
Sec. 28. Minnesota Statutes 1991 Supplement, section
256.969, subdivision 3a, is amended to read:
Subd. 3a. [PAYMENTS.] Acute care hospital billings under
the medical assistance program must not be submitted until the
recipient is discharged. However, the commissioner shall
establish monthly interim payments for inpatient hospitals that
have individual patient lengths of stay over 30 days regardless
of diagnostic category. To establish interim rates, the
commissioner is exempt from the requirements of chapter 14.
Medical assistance reimbursement for treatment of mental illness
shall be reimbursed based on diagnostic classifications. The
commissioner may selectively contract with hospitals for
services within the diagnostic categories relating to mental
illness and chemical dependency under competitive bidding when
reasonable geographic access by recipients can be assured. No
physician shall be denied the privilege of treating a recipient
required to use a hospital under contract with the commissioner,
as long as the physician meets credentialing standards of the
individual hospital. Individual hospital payments established
under this section and sections 256.9685, 256.9686, and
256.9695, in addition to third party and recipient liability,
for discharges occurring during the rate year shall not exceed,
in aggregate, the charges for the medical assistance covered
inpatient services paid for the same period of time to the
hospital. This payment limitation shall be calculated
separately for medical assistance and general assistance medical
care services. The limitation on general assistance medical
care shall be effective for admissions occurring on or after
July 1, 1991. Services that have rates established under
subdivision 6a, paragraph (a), clause (5) or (6) 11 or 12, must
be limited separately from other services. After consulting
with the affected hospitals, the commissioner may consider
related hospitals one entity and may merge the payment rates
while maintaining separate provider numbers. The operating and
property base rates per admission or per day shall be derived
from the best Medicare and claims data available when rates are
established. The commissioner shall determine the best Medicare
and claims data, taking into consideration variables of recency
of the data, audit disposition, settlement status, and the
ability to set rates in a timely manner. The commissioner shall
notify hospitals of payment rates by December 1 of the year
preceding the rate year. The rate setting data must reflect the
admissions data used to establish relative values. Base year
changes from 1981 to the base year established for the rate year
beginning January 1, 1991, and for subsequent rate years, shall
not be limited to the limits ending June 30, 1987, on the
maximum rate of increase under subdivision 1. The commissioner
may adjust base year cost, relative value, and case mix index
data to exclude the costs of services that have been
discontinued by the October 1 of the year preceding the rate
year or that are paid separately from inpatient services.
Inpatient stays that encompass portions of two or more rate
years shall have payments established based on payment rates in
effect at the time of admission unless the date of admission
preceded the rate year in effect by six months or more. In this
case, operating payment rates for services rendered during the
rate year in effect and established based on the date of
admission shall be adjusted to the rate year in effect by the
hospital cost index.
Sec. 29. [REENACTMENT.]
Minnesota Statutes 1991 Supplement, section 256B.431,
subdivision 3f, is reenacted.
Sec. 30. Minnesota Statutes 1991 Supplement, section
256B.74, subdivision 2, is amended to read:
Subd. 2. [PHYSICIAN REIMBURSEMENT.] The commissioner shall
make payments for physician services rendered on or after July
1, 1992, as follows:
(a) Payments for level one Health Care Finance
Administration's common procedural coding system (HCPCS) codes
titled "office and other outpatient medical services,"
"preventive medicine new and established patient," "delivery,
antepartum and postpartum care," caesarean delivery, and
pharmacologic management provided to psychiatric patients and
HCPCS level three codes for enhanced services for prenatal high
risk shall be calculated at the lower of (1) submitted charges,
or (2) the median charges in 1989 minus 20 percent. If the
median minus 20 percent results in a decrease to rates in effect
June 30, 1991, for obstetrical and prenatal services, the rate
on those codes in effect on June 30, 1991, shall be increased by
an additional five percent.
(b) Payments for level one HCPCS codes titled "critical
care" initial or subsequent visits only shall be calculated at
the lower of (1) submitted charges, or (2) the median charges in
1989 minus 30 percent.
(c) Payments for all other services shall be calculated at
the lower of (1) submitted charges, or (2) the median charges in
1989 minus 40 percent.
(d) In addition to the payment rates in paragraphs (a) to
(c), rates for obstetrical services shall be adjusted by the ten
percent increase in Laws 1989 1988, chapter 689, article 1,
section 2, subdivision 5, and rates for obstetrical and
pediatric services shall be adjusted by the 15 percent increase
in Laws 1990, chapter 568, article 1, section 2, subdivision 7.
Sec. 31. Minnesota Statutes 1991 Supplement, section
256H.03, subdivision 5, is amended to read:
Subd. 5. [FORMULA LIMITATION.] The amounts computed under
subdivision 4 shall be subject to the following limitation. No
county shall be allocated an amount less than its guaranteed
floor as provided in subdivision 6. If the amount allocated to
a county under subdivision 4 would be less that than its
guaranteed floor, the shortage shall be recovered proportionally
from all counties which would be allocated more than their
guaranteed floor.
Sec. 32. Minnesota Statutes 1991 Supplement, section
272.01, subdivision 2, is amended to read:
Subd. 2. (a) When any real or personal property which is
exempt from ad valorem taxes, and taxes in lieu thereof, is
leased, loaned, or otherwise made available and used by a
private individual, association, or corporation in connection
with a business conducted for profit, there shall be imposed a
tax, for the privilege of so using or possessing such real or
personal property, in the same amount and to the same extent as
though the lessee or user was the owner of such property.
(b) The tax imposed by this subdivision shall not apply to:
(1) property leased or used as a concession in or relative
to the use in whole or part of a public park, market,
fairgrounds, port authority, economic development authority
established under chapter 458C 469, municipal auditorium,
municipal parking facility, municipal museum, or municipal
stadium;
(2) property of an airport owned by a city, town, county,
or group thereof which is:
(i) leased to or used by any person or entity including a
fixed base operator; and
(ii) used as a hangar for the storage or repair of aircraft
or to provide aviation goods, services, or facilities to the
airport or general public;
the exception from taxation provided in this clause does not
apply to:
(i) property located at an airport owned or operated by the
metropolitan airports commission or by a city of over 50,000
population according to the most recent federal census or such a
city's airport authority;
(ii) hangars leased by a private individual, association,
or corporation in connection with a business conducted for
profit other than an aviation-related business; or
(iii) facilities leased by a private individual,
association, or corporation in connection with a business for
profit, that consists of a major jet engine repair facility
financed, in whole or part, with the proceeds of state bonds and
located in a tax increment financing district;
(3) property constituting or used as a public pedestrian
ramp or concourse in connection with a public airport; or
(4) property constituting or used as a passenger check-in
area or ticket sale counter, boarding area, or luggage claim
area in connection with a public airport but not the airports
owned or operated by the metropolitan airports commission or
cities of over 50,000 population or an airport authority
therein. Real estate owned by a municipality in connection with
the operation of a public airport and leased or used for
agricultural purposes is not exempt.
(c) Taxes imposed by this subdivision are payable as in the
case of personal property taxes and shall be assessed to the
lessees or users of real or personal property in the same manner
as taxes assessed to owners of real or personal property, except
that such taxes shall not become a lien against the property.
When due, the taxes shall constitute a debt due from the lessee
or user to the state, township, city, county, and school
district for which the taxes were assessed and shall be
collected in the same manner as personal property taxes. If
property subject to the tax imposed by this subdivision is
leased or used jointly by two or more persons, each lessee or
user shall be jointly and severally liable for payment of the
tax.
(d) The tax on real property of the state or any of its
political subdivisions that is leased by a private individual,
association, or corporation and becomes taxable under this
subdivision or other provision of law must be assessed and
collected as a personal property assessment. The taxes do not
become a lien against the real property.
Sec. 33. Minnesota Statutes 1991 Supplement, section
272.02, subdivision 1, is amended to read:
Subdivision 1. All property described in this section to
the extent herein limited shall be exempt from taxation:
(1) all public burying grounds;
(2) all public schoolhouses;
(3) all public hospitals;
(4) all academies, colleges, and universities, and all
seminaries of learning;
(5) all churches, church property, and houses of worship;
(6) institutions of purely public charity except parcels of
property containing structures and the structures described in
section 273.13, subdivision 25, paragraph (c), clauses (1), (2),
and (3), or paragraph (d);
(7) all public property exclusively used for any public
purpose;
(8) except for the taxable personal property enumerated
below, all personal property and the property described in
section 272.03, subdivision 1, paragraphs (c) and (d), shall be
exempt.
The following personal property shall be taxable:
(a) personal property which is part of an electric
generating, transmission, or distribution system or a pipeline
system transporting or distributing water, gas, crude oil, or
petroleum products or mains and pipes used in the distribution
of steam or hot or chilled water for heating or cooling
buildings and structures;
(b) railroad docks and wharves which are part of the
operating property of a railroad company as defined in section
270.80;
(c) personal property defined in section 272.03,
subdivision 2, clause (3);
(d) leasehold or other personal property interests which
are taxed pursuant to section 272.01, subdivision 2; 273.124,
subdivision 7; or 273.19, subdivision 1; or any other law
providing the property is taxable as if the lessee or user were
the fee owner;
(e) manufactured homes and sectional structures; and
(f) flight property as defined in section 270.071.
(9) Personal property used primarily for the abatement and
control of air, water, or land pollution to the extent that it
is so used, and real property which is used primarily for
abatement and control of air, water, or land pollution as part
of an agricultural operation, as a part of a centralized
treatment and recovery facility operating under a permit issued
by the Minnesota pollution control agency pursuant to chapters
115 and 116 and Minnesota Rules, parts 7001.0500 to 7001.0730,
and 7045.0020 to 7045.1260, as a wastewater treatment facility
and for the treatment, recovery, and stabilization of metals,
oils, chemicals, water, sludges, or inorganic materials from
hazardous industrial wastes, or as part of an electric
generation system. For purposes of this clause, personal
property includes ponderous machinery and equipment used in a
business or production activity that at common law is considered
real property.
Any taxpayer requesting exemption of all or a portion of
any real property or any equipment or device, or part thereof,
operated primarily for the control or abatement of air or water
pollution shall file an application with the commissioner of
revenue. The equipment or device shall meet standards, rules,
or criteria prescribed by the Minnesota pollution control
agency, and must be installed or operated in accordance with a
permit or order issued by that agency. The Minnesota pollution
control agency shall upon request of the commissioner furnish
information or advice to the commissioner. On determining that
property qualifies for exemption, the commissioner shall issue
an order exempting the property from taxation. The equipment or
device shall continue to be exempt from taxation as long as the
permit issued by the Minnesota pollution control agency remains
in effect.
(10) Wetlands. For purposes of this subdivision,
"wetlands" means: (i) land described in section 103G.005,
subdivision 18; (ii) land which is mostly under water, produces
little if any income, and has no use except for wildlife or
water conservation purposes, provided it is preserved in its
natural condition and drainage of it would be legal, feasible,
and economically practical for the production of livestock,
dairy animals, poultry, fruit, vegetables, forage and grains,
except wild rice; or (iii) land in a wetland preservation area
under sections 103F.612 to 103F.616. "Wetlands" under items (i)
and (ii) include adjacent land which is not suitable for
agricultural purposes due to the presence of the wetlands, but
do not include woody swamps containing shrubs or trees, wet
meadows, meandered water, streams, rivers, and floodplains or
river bottoms. Exemption of wetlands from taxation pursuant to
this section shall not grant the public any additional or
greater right of access to the wetlands or diminish any right of
ownership to the wetlands.
(11) Native prairie. The commissioner of the department of
natural resources shall determine lands in the state which are
native prairie and shall notify the county assessor of each
county in which the lands are located. Pasture land used for
livestock grazing purposes shall not be considered native
prairie for the purposes of this clause. Upon receipt of an
application for the exemption provided in this clause for lands
for which the assessor has no determination from the
commissioner of natural resources, the assessor shall refer the
application to the commissioner of natural resources who shall
determine within 30 days whether the land is native prairie and
notify the county assessor of the decision. Exemption of native
prairie pursuant to this clause shall not grant the public any
additional or greater right of access to the native prairie or
diminish any right of ownership to it.
(12) Property used in a continuous program to provide
emergency shelter for victims of domestic abuse, provided the
organization that owns and sponsors the shelter is exempt from
federal income taxation pursuant to section 501(c)(3) of the
Internal Revenue Code of 1986, as amended through December 31,
1986, notwithstanding the fact that the sponsoring organization
receives funding under section 8 of the United States Housing
Act of 1937, as amended.
(13) If approved by the governing body of the municipality
in which the property is located, property not exceeding one
acre which is owned and operated by any senior citizen group or
association of groups that in general limits membership to
persons age 55 or older and is organized and operated
exclusively for pleasure, recreation, and other nonprofit
purposes, no part of the net earnings of which inures to the
benefit of any private shareholders; provided the property is
used primarily as a clubhouse, meeting facility, or recreational
facility by the group or association and the property is not
used for residential purposes on either a temporary or permanent
basis.
(14) To the extent provided by section 295.44, real and
personal property used or to be used primarily for the
production of hydroelectric or hydromechanical power on a site
owned by the state or a local governmental unit which is
developed and operated pursuant to the provisions of section
103G.535.
(15) If approved by the governing body of the municipality
in which the property is located, and if construction is
commenced after June 30, 1983:
(a) a "direct satellite broadcasting facility" operated by
a corporation licensed by the federal communications commission
to provide direct satellite broadcasting services using direct
broadcast satellites operating in the 12-ghz. band; and
(b) a "fixed satellite regional or national program service
facility" operated by a corporation licensed by the federal
communications commission to provide fixed satellite-transmitted
regularly scheduled broadcasting services using satellites
operating in the 6-ghz. band.
An exemption provided by clause (15) shall apply for a period
not to exceed five years. When the facility no longer qualifies
for exemption, it shall be placed on the assessment rolls as
provided in subdivision 4. Before approving a tax exemption
pursuant to this paragraph, the governing body of the
municipality shall provide an opportunity to the members of the
county board of commissioners of the county in which the
facility is proposed to be located and the members of the school
board of the school district in which the facility is proposed
to be located to meet with the governing body. The governing
body shall present to the members of those boards its estimate
of the fiscal impact of the proposed property tax exemption.
The tax exemption shall not be approved by the governing body
until the county board of commissioners has presented its
written comment on the proposal to the governing body or 30 days
has have passed from the date of the transmittal by the
governing body to the board of the information on the fiscal
impact, whichever occurs first.
(16) Real and personal property owned and operated by a
private, nonprofit corporation exempt from federal income
taxation pursuant to United States Code, title 26, section
501(c)(3), primarily used in the generation and distribution of
hot water for heating buildings and structures.
(17) Notwithstanding section 273.19, state lands that are
leased from the department of natural resources under section
92.46.
(18) Electric power distribution lines and their
attachments and appurtenances, that are used primarily for
supplying electricity to farmers at retail.
(19) Transitional housing facilities. "Transitional
housing facility" means a facility that meets the following
requirements. (i) It provides temporary housing to parents and
children who are receiving AFDC or parents of children who are
temporarily in foster care. (ii) It has the purpose of
reuniting families and enabling parents to obtain
self-sufficiency, advance their education, get job training, or
become employed in jobs that provide a living wage. (iii) It
provides support services such as child care, work readiness
training, and career development counseling; and a
self-sufficiency program with periodic monitoring of each
resident's progress in completing the program's goals. (iv) It
provides services to a resident of the facility for at least six
months but no longer than three years, except residents enrolled
in an educational or vocational institution or job training
program. These residents may receive services during the time
they are enrolled but in no event longer than four years. (v)
It is sponsored by an organization that has received a grant
under either section 256.7365 for the biennium ending June 30,
1989, or section 462A.07, subdivision 15, for the biennium
ending June 30, 1991, for the purposes of providing the services
in items (i) to (iv). (vi) It is sponsored by an organization
that is exempt from federal income tax under section 501(c)(3)
of the Internal Revenue Code of 1986, as amended through
December 31, 1987. This exemption applies notwithstanding the
fact that the sponsoring organization receives financing by a
direct federal loan or federally insured loan or a loan made by
the Minnesota housing finance agency under the provisions of
either Title II of the National Housing Act or the Minnesota
housing finance agency law of 1971 or rules promulgated by the
agency pursuant to it, and notwithstanding the fact that the
sponsoring organization receives funding under Section 8 of the
United States Housing Act of 1937, as amended.
(20) Real and personal property, including leasehold or
other personal property interests, owned and operated by a
corporation if more than 50 percent of the total voting power of
the stock of the corporation is owned collectively by: (i) the
board of regents of the University of Minnesota, (ii) the
University of Minnesota Foundation, an organization exempt from
federal income taxation under section 501(c)(3) of the Internal
Revenue Code of 1986, as amended through December 31, 1990, and
(iii) a corporation organized under chapter 317A, which by its
articles of incorporation is prohibited from providing pecuniary
gain to any person or entity other than the regents of the
University of Minnesota; which property is used primarily to
manage or provide goods, services, or facilities utilizing or
relating to large-scale advanced scientific computing resources
to the regents of the University of Minnesota and others.
(21) Wind energy conversion systems, as defined in section
216C.06, subdivision 12, installed after January 1, 1991, and
used as an electric power source.
Sec. 34. Minnesota Statutes 1991 Supplement, 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 (k), 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 (k), 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 (k), is eliminated. For taxes levied in 1991, the
amount levied under this clause may be increased by an amount
equal to county costs that are not reimbursed by the state for
emergency assistance under section 256.871, emergency general
assistance under section 256D.06, subdivision 2, and Minnesota
supplemental aid and general assistance negotiated rate payments
under section 256I.04;
(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 under sections
298.28 and 298.282;
(d) fund the payments made to the Minnesota state armory
building commission under 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) compensate the state for the cost of a reassessment
ordered by the commissioner of revenue under section 270.16;
(i) 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, provided that
an appeal for the levy under this clause was approved by the
commissioner of revenue under section 275.51, subdivision 3j;
(j) pay the cost of hospital care under section 261.21;
(k) 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 3j;
(l) 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 was approved by the commissioner of revenue under
section 275.51, subdivision 3j;
(m) 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 3j. 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;
(n) pay the operating cost of regional library services
authorized under section 134.34, subject to a maximum increase
over the previous year of 103 percent. 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;
(o) pay the amount of the county building fund levy
permitted under section 373.40, subdivision 6;
(p) 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, provided
that the amount levied in 1991 under this clause does not exceed
the amount levied under this clause in 1990;
(q) 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.
(iii) if the amount levied under clause (ii) in 1989 for
public assistance programs 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 under clause (ii) in
1989 for public assistance programs 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;
(r) 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);
(s) 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;
(t) 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;
(u) 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 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;
(v) 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) must be deducted from the
previous year's amount used to calculate the maximum amount
allowable under clause (a) in the current levy year;
(w) pay the amounts allowed as special levies under
subdivision 5a;
(x) for taxes levied in 1991 only by a county, pay the
costs reasonably expected to be incurred in 1992 related to the
redistricting of election districts and establishment of
election precincts under sections 204B.135 and 204B.14, the
notice required by section 204B.14, subdivision 4, and the
reassignment of voters in the statewide registration system, not
to exceed $1 per capita, provided that the county shall
distribute a portion of the amount levied under this clause
equal to 25 cents times the population of the city to all cities
within the county with a population of 30,000 or greater;
(y) for taxes levied in 1991, payable in 1992 only, provide
an amount equal to 50 percent of the estimated amount of the
reduction in aids payable in 1992 under section 477A.012,
subdivision 6, to a county located in the third or sixth
judicial district for public defense services in juvenile and
misdemeanor cases; and
(z) for taxes levied in 1991, payable in 1992 only, provide
an amount equal to 50 percent of the estimated amount of
reduction in aids payable in 1992 under section 477A.012,
subdivision 6, to a county for the cost of jury fees.
Sec. 35. Minnesota Statutes 1990, section 326.405, is
amended to read:
326.405 [RECIPROCITY WITH OTHER STATES.]
The board commissioner of health may license without
examination, upon payment of the required fee, nonresident
applicants who are licensed under the laws of a state having
standards for licensing plumbers which the board commissioner
determines are substantially equivalent to the standards of this
state if the other state grants similar privileges to Minnesota
residents duly licensed in this state.
Sec. 36. Minnesota Statutes 1990, section 326.43, is
amended to read:
326.43 [BOARD MAY REVOKE LICENSES.]
The board commissioner of health may revoke any license
obtained through error or fraud, or if the licensee is shown to
be incompetent, and for a willful violation of any of its rules,
or of local ordinances applicable to such work, or of sections
326.37 to 326.45, or for knowingly aiding or abetting one to do
plumbing work who is not properly licensed, or the employing by
a master plumber of an unlicensed person to do plumbing work in
places where licenses are required. The licensee shall have
notice in writing, enumerating the charges, and be entitled to a
hearing by the board upon at least five days' notice, with the
right to produce testimony. The board commissioner may appoint,
in writing, any competent person to take testimony, who shall
have power to administer oaths, issue subpoenas, and compel the
attendance of witnesses. The decision of the board commissioner
shall be based on the testimony and records. One year from the
date of revocations application may be made for a new license.
Sec. 37. Minnesota Statutes 1991 Supplement, section
340A.4055, is amended to read:
340A.4055 [LICENSES IN INDIAN COUNTRY.]
Notwithstanding any law to the contrary, on-sale or
off-sale licenses for the sale of intoxicating liquor or
nonintoxicating malt liquor issued by the governing body of an
Indian tribe in accordance with United States Code, title 18,
section 1161, to an Indian tribal member or Indian tribal entity
for an establishment located within Indian country as defined
under United States Code, title 18, section 1154, is are valid.
When a license is issued under this section, the issuing
authority shall notify the commissioner of public safety of the
name and address of the licensee. Upon receipt of the notice,
the commissioner shall issue a retailer's identification card to
the licensee to permit the licensee to purchase distilled
spirits, wine, or malt beverages. An establishment issued a
license under this section is not required to obtain a license
from any municipality, county, or town.
Sec. 38. Minnesota Statutes 1990, section 348.13, is
amended to read:
348.13 [BOUNTIES PAID BY TOWNS, REQUIREMENTS.]
The four feet of striped and gray gophers and woodchucks,
and both front feet of pocket gophers, and the bodies of birds
shall be produced to the chair of the town board of the town
where they were killed, and if the chair shall be satisfied that
they were killed within the designated territory and by the
person producing them, the chair shall certify to the county
auditor the number of each kind so killed. The certificate
shall be issued by the chair of the town board at the end of
each month and shall show the names of all persons entitled to
bounty for the preceding month, the number of each kind of
animals and birds so killed, and the amount of bounty that each
person is entitled to receive. The county auditor shall issue
thereon a warrant on the county treasurer payable to the chair
of the town board who issued the certificate, for the full
amount of the bounty allowed by law according to the
certificate, and upon receipt of the warrant the chair shall pay
the proper persons the bounty allowed by law for the preceding
month.
The chair to whom such feet, heads, or bodies are produced
shall immediately cause such heads, feet, or bodies to be
destroyed and shall cause the removal of one foot from each bird.
Any town board may also offer a bounty for the destruction
of the animals or birds described in section 348.12 and adopt
rules for the payment thereof, which bounty so offered by a town
shall be in addition to any bounty which may be offered by the
board of county commissioners.
The town board of any town located in any county having
over 45,000 and less than 49,000 inhabitants according to the
1950 federal census, may by resolution require that the tail
instead of the feet of striped, gray and pocket gophers, and
woodchucks be produced.
Sec. 39. Minnesota Statutes 1990, section 352.116,
subdivision 3b, is amended to read:
Subd. 3b. [BOUNCE-BACK ANNUITY.] (a) The board of trustees
directors must provide a joint and survivor annuity option to
members of the correctional employees and state patrol
retirement funds. Under this option, a former member or
disabilitant must receive a normal single life annuity if the
designated optional annuity beneficiary dies before the former
member or disabilitant. Under this option, no reduction may be
made in the person's annuity to provide for restoration of the
normal single life annuity in the event of the death of the
designated optional annuity beneficiary.
(b) A former member or disabilitant of the correctional or
state patrol fund who selected an optional joint and survivor
annuity before July 1, 1989, but did not choose an option that
provides that the normal single life annuity is payable to the
former member or the disabilitant if the designated optional
annuity beneficiary dies first, is eligible for restoration of
the normal single life annuity if the designated optional
annuity beneficiary dies first, without further actuarial
reduction of the person's annuity. A former member or
disabilitant who selected an optional joint and survivor
annuity, but whose designated optional annuity beneficiary died
before July 1, 1989, shall receive a normal single life annuity
after that date, but shall not receive retroactive payments for
periods before that date.
(c) A former member or disabilitant who took a further
actuarial reduction to elect an optional joint and survivor
annuity that provides that the normal annuity is payable to the
former member or disabilitant if the designated optional
beneficiary died before July 1, 1989, shall have their annuity
increased as of July 1, 1989, to the amount the person would
have received if, at the time of retirement or disability, the
person had selected only optional survivor coverage that would
not have provided for restoration of the normal annuity upon the
death of the designated optional annuity beneficiary. Any
annuity or benefit increase under this paragraph is effective
only for payments made after June 30, 1989, and is not
retroactive for payments made before July 1, 1989.
Sec. 40. Minnesota Statutes 1990, section 352B.10,
subdivision 5, is amended to read:
Subd. 5. [OPTIONAL ANNUITY.] A disabled member may, in
lieu of survivorship coverage under section 352B.11, subdivision
2, choose the normal disability benefit or an optional annuity
as provided in section 352B.08, subdivision 2 3. The choice of
an optional annuity must be made before commencement of payment
of the disability benefit. It is effective on the date on which
the disability benefit begins to accrue.
Sec. 41. Minnesota Statutes 1990, section 352B.105, is
amended to read:
352B.105 [TERMINATION OF DISABILITY BENEFITS.]
Disability benefits payable under section 352B.10 shall
terminate at the end of the month the beneficiary becomes 55
years old. If the beneficiary is still disabled when the
beneficiary becomes 55 years old, the beneficiary shall be
deemed to be a retired member and, if the beneficiary had chosen
an optional annuity under section 352B.10, subdivision 5, shall
receive an annuity in accordance with the terms of the optional
annuity previously chosen. If the beneficiary had not chosen an
optional annuity under section 352B.10, subdivision 5, the
beneficiary may choose to receive either a normal retirement
annuity computed under section 352B.08, subdivision 1 2, or an
optional annuity as provided in section 352B.08, subdivision 2 3.
An optional annuity must be chosen before the beneficiary
becomes 55 years old. If an optional annuity is chosen, the
optional annuity shall begin to accrue the first of the month
following the month in which the beneficiary becomes 55 years
old.
Sec. 42. Minnesota Statutes 1990, section 356.24, is
amended to read:
356.24 [SUPPLEMENTAL PENSION OR DEFERRED COMPENSATION
PLANS, RESTRICTIONS UPON GOVERNMENT UNITS.]
(a) It is unlawful for a school district or other
governmental subdivision or state agency to levy taxes for, or
contribute public funds to a supplemental pension or deferred
compensation plan that is established, maintained, and operated
in addition to a primary pension program for the benefit of the
governmental subdivision employees other than:
(1) to a supplemental pension plan that was established,
maintained, and operated before May 6, 1971;
(2) to a plan that provides solely for group health,
hospital, disability, or death benefits, to the individual
retirement account plan established by sections 354B.01 to
354B.04;
(3) to a plan that provides solely for severance pay under
section 465.72 to a retiring or terminating employee;
(4) for employees other than personnel employed by the
state university board or the community college board and
covered by section 136.80 354B.07, subdivision 1, to the state
of Minnesota deferred compensation plan under section 352.96, if
provided for in a personnel policy or in the collective
bargaining agreement of the public employer with the exclusive
representative of public employees in an appropriate unit, in an
amount matching employee contributions on a dollar for dollar
basis, but not to exceed an employer contribution of $2,000 a
year per employee; or
(5) for personnel employed by the state university board or
the community college board and covered by section 136.80
354B.07, subdivision 1, to the supplemental retirement plan
under sections 136.80 to 136.85 354B.07 to 354B.09, if provided
for in a personnel policy or in the collective bargaining
agreement of the public employer with the exclusive
representative of the covered employees in an appropriate unit,
in an amount matching employee contributions on a dollar for
dollar basis, but not to exceed an employer contribution of
$2,000 a year for each employee.
(b) No change in benefits or employer contributions in a
supplemental pension plan to which this section applies after
May 6, 1971, is effective without prior legislative
authorization.
Sec. 43. Minnesota Statutes 1990, section 356.82, is
amended to read:
356.82 [SAVINGS CLAUSE.]
The intent of the legislature in sections 352.01,
subdivision 25; 353.01, subdivision 35 37; 354.05, subdivision
38; and 354A.011, subdivision 15a is to create a normal
retirement age for persons first covered by those sections after
the effective date of those sections that is the same as the
retirement age in the federal Social Security law, including
future amendments to that law. If a court determines that the
legislature may not incorporate by reference the future changes
in federal Social Security law, the legislature reserves the
right to amend the appropriate sections to make the normal
retirement conform to the retirement age in the federal Social
Security law. No person first covered by any of those sections
after the effective date of those sections has a right to a
normal retirement age that is less than the retirement age in
the federal Social Security law.
Sec. 44. Minnesota Statutes 1991 Supplement, section
457A.01, subdivision 5, is amended to read:
Subd. 5. [DREDGING.] "Dredging" means excavating harbor
sediment or bottom materials, including mobilizing or operating
equipment for excavating and transporting dredged material to
the and placing dredged material in a disposal facility.
Sec. 45. Minnesota Statutes 1990, section 466.131, is
amended to read:
466.131 [INDEMNIFICATION BY STATE.]
Until July 1, 1987, a municipality is an employee of the
state for purposes of the indemnification provisions of section
3.736, subdivision 9, when the municipality is required by the
public welfare licensing act and rules promulgated under it to
inspect or investigate a provider. After July 1, 1987, a
municipality is an employee of the state for purposes of the
indemnification provisions of section 3.736, subdivision 9, when
the municipality is required by the public welfare sections
245A.01 to 245A.16, the human services licensing act, and rules
adopted under it to inspect or investigate a provider, and the
municipality has been duly certified under standards for
certification developed by the commissioner of human services.
Sec. 46. Minnesota Statutes 1990, section 504.02, is
amended to read:
504.02 [CANCELLATION OF LEASES IN CERTAIN CASES;
ABANDONMENT OR SURRENDER OF POSSESSION.]
In case of a lease of real property, when the landlord has
a subsisting right of reentry for the failure of the tenant to
pay rent the landlord may bring an action to recover possession
of the property and such action is equivalent to a demand for
the rent and a reentry upon the property; but if, at any time
before possession has been delivered to the plaintiff on
recovery in the action, the lessee or a successor in interest as
to the whole or any part of the property pays to the plaintiff
or brings into court the amount of the rent then in arrears,
with interest and costs of the action, and an attorney's fee not
exceeding $5, and performs the other covenants on the part of
the lessee, the lessee or successor may be restored to the
possession and hold the property according to the terms of the
original lease.
If the lease under which the right of reentry is claimed is
a lease for a term of more than 20 years, reentry cannot be made
into the land or such action commenced by the landlord unless,
after default, the landlord shall serve upon the tenant, also
upon all creditors having a lien of record legal or equitable
upon the leased premises or any part thereof, a written notice
that the lease will be canceled and terminated unless the
payment or payments in default shall be made and the covenants
in default shall be performed within 30 days after the service
of such notice, or within such greater period as the lessor
shall specify in the notice, and if such default shall not be
removed within the period specified within the notice, then the
right of reentry shall be complete at the expiration of the
period and may be exercised as provided by law. If any such
lease shall provide that the landlord, after default, shall give
more then 30 days' notice in writing to the tenant of the
landlord landlord's intention to terminate the tenancy by reason
of default in terms thereof, then the length of the notice to
terminate shall be the same as provided for and required by the
lease.
As to such leases for a term of more than 20 years, if at
any time before the expiration of six months after possession
obtained by the plaintiff by abandonment or surrender of
possession by the tenant or on recovery in the action, the
lessee or a successor in interest as to the whole or part of the
property, or any creditor having a lien legal or equitable upon
the leased premises or any part thereof, pays to the plaintiff,
or brings into court, the amount of rent then in arrears, with
interest and the costs of the action, and performs the other
covenants on the part of the lessee, the lessee or successor may
be restored to the possession and hold the property according to
the terms of the original lease. The provisions of this section
shall not apply to any action or proceeding now pending in any
of the courts of this state.
Upon recovery of possession by the landlord in the action a
certified copy of the judgment shall be recorded in the office
of the county recorder of the county where the land is situated
if unregistered land or in the office of the registrar of titles
of such county if registered land and upon recovery of
possession by the landlord by abandonment or surrender by the
tenant an affidavit by the landlord or the landlord's attorney
setting forth such fact shall be recorded in a like manner and
such recorded certified copy of such judgment or such recorded
affidavit shall be prima facie evidence of the facts stated
therein in reference to the recovery of possession by such
landlord.
Sec. 47. Minnesota Statutes 1990, section 517.08,
subdivision 1c, is amended to read:
Subd. 1c. [DISPOSITION OF LICENSE FEE.] Of the marriage
license fee collected pursuant to subdivision 1b, the court
administrator shall pay $30 $50 to the state treasurer to be
deposited in the general fund.
Sec. 48. [REPEALER.]
Laws 1989, chapter 282, article 2, section 188, is repealed.
Sec. 49. Minnesota Statutes 1990, section 609.0331, is
amended to read:
609.0331 [INCREASED MAXIMUM PENALTIES FOR PETTY
MISDEMEANORS.]
Except as provided in this section, a law of this state
that provides, on or after August 1, 1987, for a maximum penalty
of $100 for a petty misdemeanor is considered to provide for a
maximum fine of $200. However, a petty misdemeanor under
section 152.15, subdivision 2, clause (5), or chapter 168 or 169
remains subject to a maximum fine of $100, except that a
violation of chapter 168 or 169 that was originally charged as a
misdemeanor and is being treated as a petty misdemeanor under
section 609.131 or the rules of criminal procedure is subject to
a maximum fine of $200.
Sec. 50. Minnesota Statutes 1991 Supplement, section
611A.02, subdivision 2, is amended to read:
Subd. 2. [VICTIMS' RIGHTS.] (a) The commissioner of public
safety, in consultation with the crime victim and witness
advisory council, must develop a notice of the rights of crime
victims. The notice must include a form for the preparation of
a preliminary written victim impact summary. A preliminary
victim impact summary is a concise statement of the immediate
and expected damage to the victim as a result of the crime. A
victim desiring to file a preliminary victim impact summary must
file the summary with the investigating officer no more than
five days after the victim receives the notice from a peace
officer. If a preliminary victim impact statement is filed with
the investigating officer, it must be sent to the prosecutor
with other investigative materials. If a prosecutor has
received a preliminary victim impact summary, the prosecutor
must present the summary to the court. This subdivision does
not relieve a probation officer of the notice requirements
imposed by section 609.115 611A.037, subdivision 1c 2.
(b) The notice of the rights of crime victims must be
distributed by a peace officer to each victim, as defined in
section 611A.01, when the peace officer takes a formal statement
from the victim. A peace officer is not obligated to distribute
the notice if a victim does not make a formal statement. The
notice must inform a victim of:
(1) the victim's right to request restitution under section
611A.04;
(2) the victim's right to be notified of any plea
negotiations under section 611A.03;
(3) the victim's right to be present at sentencing, and to
object orally or in writing to a proposed agreement or
disposition; and
(4) the victim's right to be notified of the final
disposition of the case.
Sec. 51. [REPEALER.]
Laws 1991, chapter 182, section 1, is repealed.
Sec. 52. Minnesota Statutes 1991 Supplement, section
473.845, subdivision 3, is amended to read:
Subd. 3. [EXPENDITURES FROM THE FUND.] Money in the fund
may only be appropriated to the agency for expenditure for:
(1) reasonable and necessary expenses for closure and
postclosure care of a mixed municipal solid waste disposal
facility in the metropolitan area for a 20-year period after
closure, if the agency determines that the operator or owner
will not take the necessary actions requested by the agency for
closure and postclosure in the manner and within the time
requested; and
(2) reasonable and necessary response and postclosure costs
at a mixed municipal solid waste disposal facility in the
metropolitan area that has been closed for 20 years in
compliance with the closure and postclosure rules of the agency;
or
(3) reimbursement to a local government unit for costs
incurred over $400,000 under a work plan approved by the
commissioner of the agency to remediate methane at a closed
disposal facility owned by the local government unit.
Sec. 53. [REPEALER.]
Laws 1991, chapter 305, section 10, is repealed.
Sec. 54. Minnesota Statutes 1991 Supplement, section
116.072, subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY TO ISSUE PENALTY ORDERS.] The
commissioner may issue an order requiring violations to be
corrected and administratively assessing monetary penalties for
violations of this chapter and chapters 115, 115A, and 115D, and
115E, any rules adopted under those chapters, and any standards,
limitations, or conditions established in an agency permit; and
for failure to respond to a request for information under
section 115B.17, subdivision 3. The order must be issued as
provided in this section.
Sec. 55. [REVISOR'S INSTRUCTION.]
The revisor of statutes shall change the reference to
"section 252.27, subdivision 1," where found in Minnesota
Statutes, sections 245.072, 245.821, subdivision 1, 245.825,
subdivision 1, 252.021, 256B.02, subdivision 11, 256E.03,
subdivision 2, 257.071, subdivision 4, 447.42, subdivision 1,
and 447.45, subdivision 2, to the reference "252.27, subdivision
1a" in Minnesota Statutes 1992.
Sec. 56. [REVISOR'S INSTRUCTION.]
In Minnesota Statutes 1992 and subsequent editions of the
statutes, the revisor of statutes shall substitute references to
"clerk of court" or "clerk," when the reference is to clerk of
court, to "court administrator" or "administrator," as
appropriate.
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
11A.23, subd. 4 136.80 to 136.87 354B.07 to 354B.09
60D.09 60D.01 to 60D.13 60D.15 to 60D.29
84.035, subd. 8 106A.811 103E.811
116D.04, subd. 1a sections 116D.01 this chapter
to 116D.07
153A.14, subds. 1 153A.16 153A.15
and 2
153A.15, subds. 1, 2, 153A.16 153A.15
and 4
169.64, subd. 8 169.44, subd. 1a 169.441, subds. 1
and 2, and
169.442, subd. 1
171.06, subd. 3 595.921 525.921
256B.0627, subd. 5 256B.091 256B.0911
256B.0913, subd. 13 256.49 256B.49
260.015, subd. 23 152.09, subd. 1, 152.027, subd. 4
clause (2)
272.485 272.487 272.488
302A.461, subd. 2 320A.401, subd. 3 302A.401, subd. 3
356.24 136.80 354B.07
514.950, subd. 2 17.713 18C.005
Sec. 2. Minnesota Statutes 1990, section 214.01,
subdivision 2, is amended to read:
Subd. 2. "Health-related licensing board" means the board
of examiners of nursing home administrators established pursuant
to section 144A.19, the board of medical examiners created
pursuant to section 147.01, the board of nursing created
pursuant to section 148.181, the board of chiropractic examiners
established pursuant to section 148.02, the board of optometry
established pursuant to section 148.52, the board of psychology
established pursuant to section 148.90, the social work
licensing board pursuant to section 148B.19, the board of
marriage and family therapy pursuant to section 148B.30, the
board of unlicensed mental health service providers practitioner
advisory council established pursuant to section 148B.41
148B.62, the board of dentistry established pursuant to section
150A.02, the board of pharmacy established pursuant to section
151.02, the board of podiatric medicine established pursuant to
section 153.02, and the board of veterinary medicine,
established pursuant to section 156.01.
Sec. 3. Minnesota Statutes 1990, section 290.10, is
amended to read:
290.10 [NONDEDUCTIBLE ITEMS.]
Except as provided in section 290.17, subdivision 4,
paragraph (i), in computing the net income of a corporation no
deduction shall in any case be allowed for expenses, interest
and taxes connected with or allocable against the production or
receipt of all income not included in the measure of the tax
imposed by this chapter, except that for corporations engaged in
the business of mining or producing iron ore, the mining of
which is subject to the occupation tax imposed by section
298.01, subdivision 1, and the provisions of section 298.031 4,
this shall not prevent the deduction of expenses and other items
to the extent that the expenses and other items are allowable
under this chapter and are not deductible, capitalizable,
retainable in basis, or taken into account by allowance or
otherwise in computing the occupation tax and do not exceed the
amounts taken for federal income tax purposes for that year.
Occupation taxes imposed under chapter 298, royalty taxes
imposed under chapter 299, or depletion expenses may not be
deducted under this clause.
Sec. 4. Minnesota Statutes 1990, section 297A.15,
subdivision 5, is amended to read:
Subd. 5. [REFUND; APPROPRIATION.] Notwithstanding the
provisions of sections section 297A.25, subdivision 42, and
297A.257 the tax on sales of capital equipment, and construction
materials and supplies under section 297A.257, shall be imposed
and collected as if the rate under section 297A.02, subdivision
1, applied. Upon application by the purchaser, on forms
prescribed by the commissioner, a refund equal to the reduction
in the tax due as a result of the application of the exemption
under section 297A.25, subdivision 42, or 297A.257 shall be paid
to the purchaser. In the case of building materials qualifying
under section 297A.257 where the tax was paid by a contractor,
application must be made by the owner for the sales tax paid by
all the contractors, subcontractors, and builders for the
project. The application must include sufficient information to
permit the commissioner to verify the sales tax paid for the
project. The application shall include information necessary
for the commissioner initially to verify that the purchases
qualified as capital equipment under section 297A.25,
subdivision 42, or capital equipment or construction materials
and supplies under section 297A.257. No more than two
applications for refunds may be filed under this subdivision in
a calendar year. Unless otherwise specifically provided by this
subdivision, the provisions of section 289A.40 apply to the
refunds payable under this subdivision. There is annually
appropriated to the commissioner of revenue the amount required
to make the refunds.
The amount to be refunded shall bear interest at the rate
in section 270.76 from the date the refund claim is filed with
the commissioner.
Sec. 5. Minnesota Statutes 1990, section 298.402, is
amended to read:
298.402 [NET OPERATING LOSSES.]
For purposes of the computation under Minnesota Statutes
1988, section 298.40, subdivision 1, clause (b), a net operating
loss incurred in a taxable year beginning after December 31,
1986, is a net operating loss carryover to each of the 15
taxable years following the taxable year of the loss, in
accordance with section 290.095. A net operating loss incurred
in a taxable year beginning after December 31, 1981, and before
January 1, 1987, is a net operating loss carryover to taxable
years beginning after December 31, 1986, not to exceed the five
taxable years following the taxable year of the loss, in
accordance with section 290.095. No net operating loss
carryback is allowed for a net operating loss incurred in a
taxable year beginning after December 31, 1986.
Sec. 6. Minnesota Statutes 1990, section 298.405,
subdivision 1, is amended to read:
Subdivision 1. [IMPOSITION OF TAX.] In any year in which
iron bearing material other than taconite and semitaconite as
defined by law, having not more than 46.5 percent natural iron
content on the average, produced from any 40 acre tract or
governmental lot, but not from more than three such tracts or
lots by an individual producer, is finer than or is ground to 90
percent passing 20 mesh and is treated for the purpose of
separating the iron particles from silica, alumina, or other
detrimental compounds or elements unless used in a direct
reduction process, and is treated in Minnesota:
(a) By either electrostatic separation, roasting and
magnetic separation, or flotation or
(b) By a direct reduction process or
(c) By any combination of such processes or
(d) By any other process or method not presently employed
in gravity separation plants employing only crushing, screening,
washing, jigging, heavy media separation, spirals, cyclones,
drying or any combination thereof, the production of such ore
shall be taxed in the manner and at the rates provided for the
taxation of semitaconite under section 298.35 provided that the
amount of concentrates or final product so produced each year
from any one 40 acre tract or governmental lot exceeds 100,000
tons or exceeds 25,000 tons from any one 40 acre tract or
governmental lot where the average phosphorus content exceeds
.125 percent dry analysis or .10 percent sulphur dry analysis.
Such tax shall be in addition to the occupation and royalty
taxes but shall be in lieu of all other taxes upon the said 40
acre tract or governmental lot, the iron ore contained therein,
the concentrates produced, and the mining and beneficiating
facilities used in such production. The determination as to
what materials will qualify under this law will be made by the
commissioner of revenue who may use the services of the ore
estimate division of the University of Minnesota, department of
civil and mineral engineering, which is hereby established as a
technical consultant to the commissioner for the purposes of
this act. The tax imposed shall be collected, paid, and the
proceeds thereof distributed in the same manner and at the same
time as the tax imposed upon semitaconite by section 298.35 is
collected, paid, and distributed.
The tax imposed by this section is not an occupation,
royalty or excise tax imposed upon or required to be paid with
respect to the mining, production, or beneficiation of taconite
or semitaconite within the provisions of section 298.40, and the
provisions of said section 298.40 have no application to the
provisions of this section.
Sec. 7. Minnesota Statutes 1990, section 514.53, is
amended to read:
514.53 [SCALING AND MARKING OF SUBMERGED LOGS; DUTY OF
COMMISSIONER OF NATURAL RESOURCES; FEES.]
Every person who shall engage in raising or floating
submerged, buried, or sunken logs or timber under the provisions
of section 514.52 shall cause all logs and other timber raised
or floated by that person to be scaled at time of such raising
or floating by the commissioner of natural resources, and shall
place on each log and piece of timber so raised a suitable log
mark, which mark shall only be used on logs or timber so raised
or floated. The commissioner of natural resources shall attend
in person or by deputy at the raising and floating of such logs
or timber, and promptly scale the same, recording the size,
kind, and all marks on each piece thereof. For such service
said commissioner of natural resources shall receive in addition
to all fees now allowed by law the further sum of $5 for each
day's attendance under the provisions of sections 514.40 to
514.58, and such fees shall be paid by the person so employing
the commissioner and shall be taken and held to be a part of the
cost of raising and floating such logs and timber. No such work
shall be performed within the limits of any operating boom
company organized under the laws of this state, except under the
supervision and direction of some representative of the boom
company within whose limits such work is being carried on.
Presented to the governor April 14, 1992
Signed by the governor April 15, 1992, 1:07 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes