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1992 Minnesota Session Laws

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          conflicting, and superseded provisions; making 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.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569