Office of the Revisor of Statutes
Minnesota Session Laws - 1993, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1993
CHAPTER 13-H.F.No. 358
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conflicting, and superseded provisions; making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 1992, sections
3.9741; 10A.01, subdivision 18; 10A.49, subdivisions 2
and 3; 11A.23, subdivision 1; 13.32, subdivisions 3
and 5; 13.791; 13.99, subdivision 82; 16B.06,
subdivision 2a; 18C.551, subdivision 3; 43A.317,
subdivision 9; 60A.74, subdivision 6; 62A.44,
subdivision 2; 62J.21; 65B.09, subdivision 1; 79.251,
subdivision 6; 79A.01, subdivision 1; 80C.18,
subdivision 1; 80E.09, subdivision 2; 86B.321,
subdivision 1; 103G.293; 116R.01, subdivision 6;
120.064, subdivision 6; 123.39, subdivision 8d;
144.878, subdivision 2; 148B.06, subdivision 2;
148C.11, subdivision 4; 168.187, subdivision 26;
169.797, subdivision 1; 240.011; 245A.18; 256B.0644;
256B.19, subdivision 1a; 268.071, subdivision 3;
289A.20, subdivision 4; 290.9201, subdivision 7;
290A.03, subdivision 13; 325E.0681, subdivision 9;
326.43; 349.151, subdivision 2; 349.19, subdivision 6;
349.31, subdivision 1; 352.03, subdivision 16;
352C.021, subdivision 6; 357.11; 471.617, subdivision
1; 473.516, subdivision 1; 473.704, subdivision 17;
473.811, subdivisions 6, 7, 8, and 9; 475.66,
subdivision 3; 477A.13; 480.15, subdivision 9;
480.059, subdivision 7; 525.9221; 551.04, subdivision
14; 600.02; 609.3471; 626.556, subdivision 10; and
626.861, subdivision 3; repealing Minnesota Statutes
1992, sections 61A.011, subdivision 8; 240.01,
subdivision 14; 240.011, subdivision 1; 334.011,
subdivision 4; and 480.0591, subdivision 3; Laws 1991,
chapter 254, article 3, section 21.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
REVISOR'S BILL
STATUTORY CORRECTIONS
Section 1. Minnesota Statutes 1992, section 10A.01,
subdivision 18, is amended to read:
Subd. 18. "Public official" means any:
(a) member of the legislature;
(b) constitutional officer in the executive branch and the
officer's chief administrative deputy;
(c) member, chief administrative officer or deputy chief
administrative officer of a state board or commission which has
at least one of the following powers: (i) the power to adopt,
amend or repeal rules, or (ii) the power to adjudicate contested
cases or appeals;
(d) commissioner, deputy commissioner, or assistant
commissioner of any state department as designated pursuant to
section 15.01;
(e) individual employed in the executive branch who is
authorized to adopt, amend or repeal rules or adjudicate
contested cases;
(f) executive director of the state board of investment;
(g) executive director of the Indian affairs intertribal
board;
(h) commissioner of the iron range resources and
rehabilitation board;
(i) commissioner of mediation services;
(j) deputy of any official listed in clauses (e) to (i);
(k) judge of the workers' compensation court of appeals;
(l) administrative law judge or compensation judge in the
state office of administrative hearings or referee in the
department of jobs and training;
(m) solicitor general or deputy, assistant or special
assistant attorney general;
(n) individual employed by the legislature as secretary of
the senate, legislative auditor, chief clerk of the house,
revisor of statutes, or researcher, legislative analyst, or
attorney in the office of senate counsel and research or house
research;
(o) member or chief administrative officer of the
metropolitan council, regional transit board, metropolitan
transit commission, metropolitan waste control commission,
metropolitan parks and open spaces commission, metropolitan
airports commission or metropolitan sports facilities
commission;
(p) the commissioner of gaming and director of each
division in the department of gaming the racing commission, the
director of the gambling control board, the director of the
state lottery board, and the deputy director of the state
lottery board;
(q) director of the division of gambling enforcement in the
department of public safety;
(r) member or executive director of the higher education
facilities authority; or
(s) member of the board of directors or president of the
Minnesota world trade center corporation.
Sec. 2. Minnesota Statutes 1992, section 240.011, is
amended to read:
240.011 [DIVISION OF PARI-MUTUEL RACING APPOINTMENT OF
DIRECTOR.]
Subdivision 1. [DIVISION CREATED.] A division of
pari-mutuel racing is created in the department of gaming. The
division is under the supervision and control of the Minnesota
racing commission.
Subd. 2. [DIRECTOR OF PARI-MUTUEL RACING.] The governor
shall appoint the director of pari-mutuel racing the Minnesota
racing commission, who serves in the unclassified service at the
governor's pleasure. The director must be a person qualified by
experience in the administration and regulation of pari-mutuel
racing to discharge the duties of the director. The governor
must select a director from a list of one or more names
submitted by the Minnesota racing commission.
Sec. 3. Minnesota Statutes 1992, section 349.151,
subdivision 2, is amended to read:
Subd. 2. [MEMBERSHIP.] (a) Until July 1, the board
consists of six members appointed by the governor with the
advice and consent of the senate and the commissioner of gaming
as a voting member.
(b) On and after July 1, 1991, the board consists of seven
members, as follows: (1) those members appointed by the
governor before July 1, 1991, whose terms expire June 30, 1992,
June 30, 1993, and June 30, 1994; (2) one member appointed by
the governor for a term expiring June 30, 1994; (3) one member
appointed by the commissioner of public safety for a term
expiring June 30, 1995; and (4) one member appointed by the
attorney general for a term expiring June 30, 1995.
(c) (b) All appointments under this subdivision are with
the advice and consent of the senate.
(d) (c) After expiration of the initial terms, appointments
are for four years.
(e) (d) The board shall select one of its members to serve
as chair. No more than three members appointed by the governor
under this subdivision may belong to the same political party.
Sec. 4. Minnesota Statutes 1992, section 349.19,
subdivision 6, is amended to read:
Subd. 6. [PRESERVATION OF RECORDS.] Records required to be
kept by this section must be preserved by a licensed
organization for at least 3-1/2 years and may be inspected by
the commissioner of revenue, the commissioner of gaming board,
or the commissioner of public safety at any reasonable time
without notice or a search warrant.
Sec. 5. [REPEALER.]
Minnesota Statutes 1992, sections 240.01, subdivision 14;
and 240.011, subdivision 1, are repealed.
Sec. 6. Minnesota Statutes 1992, section 10A.49,
subdivision 2, is amended to read:
Subd. 2. [DISTRIBUTION OF MONEY AFTER PRIMARY.] Within two
weeks after certification by the state canvassing board of the
results of the primary, the state treasurer shall pay an
incentive to each major political party or minor political party
congressional candidate who has signed an agreement as required
under section 10A.44 10A.43 and is eligible to receive an
incentive.
Sec. 7. Minnesota Statutes 1992, section 10A.49,
subdivision 3, is amended to read:
Subd. 3. [INDEPENDENT AND NEW PARTY CANDIDATES.] Within
two weeks after certification by the state canvassing board of
the results of the state general election, the state treasurer
shall pay an incentive to each independent or new political
party congressional candidate who has signed an agreement as
required under section 10A.44 10A.43 and is eligible to receive
an incentive. To be eligible to receive an incentive, an
independent or new party congressional candidate must receive at
least three percent of the vote cast at the general election for
the office sought.
Sec. 8. Minnesota Statutes 1992, section 11A.23,
subdivision 1, is amended to read:
Subdivision 1. [CERTIFICATION OF ASSETS NOT NEEDED FOR
IMMEDIATE USE.] Each executive director administering a
retirement fund or plan enumerated in subdivision 4 shall, from
time to time, certify to the state board for investment those
portions of the assets of the retirement fund or plan which in
the judgment of the executive director are not required for
immediate use. Assets of the fund or plan required for
participation in the Minnesota postretirement adjustment fund,
the combined investment fund, or the supplemental investment
fund or the variable annuity investment fund shall be
transferred to those funds as provided by sections 11A.01 to
11A.25.
Sec. 9. Minnesota Statutes 1992, section 13.32,
subdivision 3, is amended to read:
Subd. 3. [PRIVATE DATA; WHEN DISCLOSURE IS PERMITTED.]
Except as provided in subdivision 5, educational data is private
data on individuals and shall not be disclosed except as follows:
(a) Pursuant to section 13.05;
(b) Pursuant to a valid court order;
(c) Pursuant to a statute specifically authorizing access
to the private data;
(d) To disclose information in health and safety
emergencies pursuant to the provisions of United States Code,
title 20, section 1232g(b)(1)(I) and Code of Federal
Regulations, title 34, section 99.36 which are in effect on July
1, 1989 1993;
(e) Pursuant to the provisions of United States Code, title
20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B),
(b)(3) and Code of Federal Regulations, title 34, sections
99.31, 99.32, 99.33, 99.34, and 99.35 which are in effect on
July 1, 1989 1993; or
(f) To appropriate health authorities to the extent
necessary to administer immunization programs and for bona fide
epidemiologic investigations which the commissioner of health
determines are necessary to prevent disease or disability to
individuals in the public educational agency or institution in
which the investigation is being conducted.
Sec. 10. Minnesota Statutes 1992, section 13.32,
subdivision 5, is amended to read:
Subd. 5. [DIRECTORY INFORMATION.] Information designated
as directory information pursuant to the provisions of United
States Code, title 20, section 1232g and Code of Federal
Regulations, title 34, section 99.37 which are in effect on July
1, 1989 1993, is public data on individuals.
Sec. 11. Minnesota Statutes 1992, 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 labor and industry
or the department of jobs and training 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 determined to be harmful to the
individual by either the commissioner of labor and
industry determines may be harmful to the individual or the
commissioner of jobs and training shall not be released directly
to the individual but must be provided through the individual's
legal representative, a physician, or a psychological
practitioner.
Subd. 3. [DATA ON BLIND VENDORS.] The commissioner of
labor and industry jobs and training 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. 12. Minnesota Statutes 1992, section 13.99,
subdivision 82, is amended to read:
Subd. 82. [EMERGENCY JOBS PROGRAM.] Data maintained by the
commissioner of public safety jobs and training for the
emergency jobs program are classified under section 268.673,
subdivision 5.
Sec. 13. Minnesota Statutes 1992, section 16B.06,
subdivision 2a, is amended to read:
Subd. 2a. [EXCEPTION.] The requirements of subdivision 2
do not apply to state contracts distributing state or federal
funds pursuant to the federal Economic Dislocation and Worker
Adjustment Assistance Act, United States Code, title 29, section
1651 et seq; or Minnesota Statutes, sections 268.977 and
268.978. For these contracts, the commissioner of jobs and
training is authorized to directly enter into state contracts
with approval of the governor's job training council and
encumber available funds to ensure a rapid response to the needs
of dislocated workers. The commissioner shall adopt internal
procedures to administer and monitor funds distributed under
these contracts.
Sec. 14. Minnesota Statutes 1992, section 18C.551,
subdivision 3, is amended to read:
Subd. 3. [INSPECTION FEES.] An inspection fee, at the rate
of five cents per ton, must be paid to the commissioner for all
agricultural liming material offered for sale or sold in this
state. If more than one person is involved in the distribution
of agricultural liming material, the person who first sells or
imports the agricultural liming material is responsible for the
inspection fee. A person licensed under section 18C.545 18C.541
must retain invoices showing proof of inspection fees paid.
Sec. 15. Minnesota Statutes 1992, section 43A.317,
subdivision 9, is amended to read:
Subd. 9. [PRIVATE EMPLOYERS INSURANCE TRUST FUND.] (a)
[CONTENTS.] The private employer employers insurance trust fund
in the state treasury consists of deposits received from
eligible employers and individuals, contractual settlements or
rebates relating to the program, investment income or losses,
and direct appropriations.
(b) [APPROPRIATION.] All money in the fund is appropriated
to the commissioner to pay insurance premiums, approved claims,
refunds, administrative costs, and other costs necessary to
administer the program.
(c) [RESERVES.] For any coverages for which the program
does not contract to transfer full financial responsibility, the
commissioner shall establish and maintain reserves:
(1) for claims in process, incomplete and unreported
claims, premiums received but not yet earned, and all other
accrued liabilities; and
(2) to ensure premium stability and the timely payment of
claims in the event of adverse claims experience. The reserve
for premium stability and claim fluctuations must be established
according to the standards of section 62C.09, subdivision 3,
except that the reserve may exceed the upper limit under this
standard until July 1, 1997.
(d) [INVESTMENTS.] The state board of investment shall
invest the fund's assets according to section 11A.24.
Investment income and losses attributable to the fund must be
credited to the fund.
Sec. 16. Minnesota Statutes 1992, section 60A.74,
subdivision 6, is amended to read:
Subd. 6. [RESTRICTION ON BOARD APPOINTMENTS.] A reinsurer
shall not appoint to its board of directors, any officer,
director, employee, controlling shareholder, or subproducer of
its RM. This subdivision does not apply to relationships
governed by chapter 60D or, if applicable, the producer
controlled property/casualty insurer act, sections 60J.01 to
60J.05 60J.06 to 60J.11.
Sec. 17. [REPEALER.]
Minnesota Statutes 1992, section 61A.011, subdivision 8, is
repealed.
Sec. 18. Minnesota Statutes 1992, section 62A.44,
subdivision 2, is amended to read:
Subd. 2. [QUESTIONS.] (a) Application forms shall include
the following questions designed to elicit information as to
whether, as of the date of the application, the applicant has
another Medicare supplement or other health insurance policy or
certificate in force or whether a Medicare supplement policy or
certificate is intended to replace any other accident and
sickness policy or certificate presently in force. A
supplementary application or other form to be signed by the
applicant and agent containing the questions and statements may
be used.
"(1) You do not need more than one Medicare supplement
policy or certificate.
(2) If you are 65 or older, you may be eligible for
benefits under Medicaid and may not need a Medicare
supplement policy or certificate.
(3) The benefits and premiums under your Medicare
supplement policy or certificate will be suspended during
your entitlement to benefits under Medicaid for 24 months.
You must request this suspension within 90 days of becoming
eligible for Medicaid. If you are no longer entitled to
Medicaid, your policy or certificate will be reinstated if
requested within 90 days of losing Medicaid eligibility.
To the best of your knowledge:
(1) Do you have another Medicare supplement policy or
certificate in force, including health care service
contract or health maintenance organization contract? If
so, with which company?
(2) Do you have any other health insurance policies that
provide benefits that this Medicare supplement policy or
certificate would duplicate? If so, with which company?
(3) If the answer to question 1 or 2 is yes, do you intend
to replace these medical or health policies with this
policy or certificate?
(4) Are you covered by Medicaid?"
(b) Agents shall list any other health insurance policies
they have sold to the applicant.
(1) List policies sold that are still in force.
(2) List policies sold in the past five years that are no
longer in force.
(c) In the case of a direct response issuer, a copy of the
application or supplemental form, signed by the applicant, and
acknowledged by the insurer, shall be returned to the applicant
by the insurer on delivery of the policy or certificate.
(d) Upon determining that a sale will involve replacement
of Medicare supplement coverage, any issuer, other than a direct
response issuer, or its agent, shall furnish the applicant,
before issuance or delivery of the Medicare supplement policy or
certificate, a notice regarding replacement of Medicare
supplement coverage. One copy of the notice signed by the
applicant and the agent, except where the coverage is sold
without an agent, shall be provided to the applicant and an
additional signed copy shall be retained by the issuer. A
direct response issuer shall deliver to the applicant at the
time of the issuance of the policy or certificate the notice
regarding replacement of Medicare supplement coverage.
(e) The notice required by paragraph (d) for an issuer
shall be provided in substantially the following form in no less
than 12-point type:
"NOTICE TO APPLICANT REGARDING REPLACEMENT
OF MEDICARE SUPPLEMENT INSURANCE
(Insurance company's name and address)
SAVE THIS NOTICE! IT MAY BE IMPORTANT TO YOU IN THE FUTURE.
According to (your application) (information you have
furnished), you intend to terminate existing Medicare supplement
insurance and replace it with a policy or certificate to be
issued by (Company Name) Insurance Company. Your new policy or
certificate will provide 30 days within which you may decide
without cost whether you desire to keep the policy or
certificate.
You should review this new coverage carefully. Compare it
with all accident and sickness coverage you now have. Terminate
your present policy only if, after due consideration, you find
that purchase of this Medicare supplement coverage is a wise
decision.
STATEMENT TO APPLICANT BY ISSUER, AGENT, (BROKER OR OTHER
REPRESENTATIVE): I have reviewed your current medical or
health insurance coverage. The replacement of insurance
involved in this transaction does not duplicate coverage,
to the best of my knowledge. The replacement policy or
certificate is being purchased for the following reason(s)
(check one):
______ Additional benefits
______ No change in benefits, but lower premiums
______ Fewer benefits and lower premiums
______ Other (please specify)
____________________________________________________________
____________________________________________________________
____________________________________________________________
(1) Health conditions which you may presently have
(preexisting conditions) may not be immediately or fully
covered under the new policy or certificate. This could
result in denial or delay of a claim for benefits under the
new policy or certificate, whereas a similar claim might
have been payable under your present policy or certificate.
(2) State law provides that your replacement policy or
certificate may not contain new preexisting conditions,
waiting periods, elimination periods, or probationary
periods. The insurer will waive any time periods
applicable to preexisting conditions, waiting periods,
elimination periods, or probationary periods in the new
policy (or coverage) for similar benefits to the extent the
time was spent (depleted) under the original policy or
certificate.
(3) If you still wish to terminate your present policy or
certificate and replace it with new coverage, be certain to
truthfully and completely answer all questions on the
application concerning your medical and health history.
Failure to include all material medical information on an
application may provide a basis for the company to deny any
future claims and to refund your premium as though your
policy or certificate had never been in force. After the
application has been completed and before you sign it,
review it carefully to be certain that all information has
been properly recorded. (If the policy or certificate is
guaranteed issue, this paragraph need not appear.)
Do not cancel your present policy or certificate until you
have received your new policy or certificate and you are
you sure that you want to keep it.
_____________________________________________________
(Signature of Agent, Broker, or Other Representative)*
_____________________________________________________
(Typed Name and Address of Issuer, Agent, or Broker)
_____________________
(Date)
__________________________________
(Applicant's Signature)
_____________________
(Date)
*Signature not required for direct response sales."
(f) Paragraph (e), clauses (1) and (2), of the replacement
notice (applicable to preexisting conditions) may be deleted by
an issuer if the replacement does not involve application of a
new preexisting condition limitation.
Sec. 19. Minnesota Statutes 1992, section 62J.21, is
amended to read:
62J.21 [REPORTING TO THE LEGISLATURE.]
The commissioner shall report to the legislature by January
1, 1993, regarding the process progress being made within each
region with respect to the establishment of a regional
coordinating board and the development of a regional plan. In
the event that the commissioner determines that any region is
not making reasonable progress or a good-faith commitment
towards establishing a regional coordinating board and regional
plan, the commissioner may establish a public regional board for
this purpose. The commissioner's report should also include the
issues, if any, raised during the planning process to date and
request any appropriate legislative action that would facilitate
the planning process.
Sec. 20. Minnesota Statutes 1992, section 79A.01,
subdivision 1, is amended to read:
Subdivision 1. [SCOPE.] For the purposes of sections
79A.01 to 79A.17 and Laws 1988, chapter 674, section 23, the
terms defined in this section have the meaning given them.
Sec. 21. Minnesota Statutes 1992, section 80C.18,
subdivision 1, is amended to read:
Subdivision 1. The commissioner may promulgate rules to
carry out the provisions of sections 80C.01 to 80C.22, including
rules and forms governing public offering statements,
applications, financial statements and annual reports, and
defining any terms, whether or not used in sections 80C.01 to
80C.22, insofar as the definitions are not inconsistent with
sections 80C.01 to 80C.22. The commissioner may define by rule
false, fraudulent or deceptive practices in the offer and sale
of franchises. For the purpose of rules and forms the
commissioner may classify franchises, persons and matters within
the commissioner's jurisdiction, and prescribe different
requirements for different classes. Rules shall be promulgated
in accordance with chapter 15 14.
Sec. 22. Minnesota Statutes 1992, section 86B.321,
subdivision 1, is amended to read:
Subdivision 1. [OPERATION IN EXCESS OF NOISE LIMITS
PROHIBITED.] A person may not operate a motorboat under a any
condition of load, acceleration, or deceleration in a manner
that exceeds the noise limits contained in subdivision 2.
Sec. 23. Minnesota Statutes 1992, section 103G.293, is
amended to read:
103G.293 [STATEWIDE DROUGHT PLAN.]
The commissioner shall establish a plan to respond to
drought-related emergencies and to prepare a statewide framework
for drought response. The plan must consider metropolitan water
supply plans of the metropolitan council prepared under section
473.156. The plan must provide a framework for implementing
drought response actions in a staged approach related to
decreasing levels of flows. Permits issued under section
103G.261 103G.271 must provide conditions on water appropriation
consistent with the drought response plan established by this
section.
Sec. 24. Minnesota Statutes 1992, section 116R.01,
subdivision 6, is amended to read:
Subd. 6. [PROJECT.] "Project" means the facilities or any
property described in section 116R.05 116R.02, subdivision 5 or
6, as applicable.
Sec. 25. Minnesota Statutes 1992, section 120.064,
subdivision 6, is amended to read:
Subd. 6. [ADVISORY COMMITTEE.] (a) The state board of
education shall appoint an advisory committee comprised of ten
members. At least two members shall be African American, two
members shall be American Indian, two members shall be Asian
Pacific American, and two members shall be Hispanic. One of
each of the two members shall reside within the seven-county
metropolitan area and one shall reside within Minnesota but
outside of the seven-county metropolitan area. In addition, at
least one of each of the two members shall be a parent of a
child in any of the grades kindergarten through 12. As At least
five of the ten members shall have family incomes that would
make them eligible for free or reduced school lunches.
(b) Each sponsor listed in subdivision 3 shall request the
advisory committee to review and make recommendations about a
proposal it receives from an individual or organization that is
predominately Caucasian to establish an outcome-based school in
which one-half or more of the pupils are expected to be
non-Caucasian.
(c) Each sponsor listed in subdivision 3 may request the
advisory committee to review and make recommendations about a
proposal it receives from an individual or organization that is
predominately non-Caucasian if requested to do so by the
individual or organization.
Sec. 26. Minnesota Statutes 1992, section 123.39,
subdivision 8d, is amended to read:
Subd. 8d. School districts may provide bus transportation
along regular school bus routes when space is available for
participants in early childhood family education programs and
learning readiness program programs if these services do not
result in an increase in the district's expenditures for
transportation. The costs allocated to these services, as
determined by generally accepted accounting principles, shall be
considered part of the authorized cost for regular
transportation for the purposes of section 124.225.
Sec. 27. Minnesota Statutes 1992, section 144.878,
subdivision 2, is amended to read:
Subd. 2. [LEAD STANDARDS AND ABATEMENT METHODS.] (a) The
commissioner shall adopt rules establishing standards and
abatement methods for lead in paint, dust, and drinking water in
a manner that protects public health and the environment for all
residences, including residences also used for a commercial
purpose. The commissioner shall adopt priorities for providing
abatement services to areas defined to be at high risk for toxic
lead exposure. In adopting priorities, the commission
commissioner shall consider the number of children and pregnant
women diagnosed with elevated blood lead levels and the median
concentration of lead in the soil. The commissioner shall give
priority to areas having the largest population of children and
pregnant women having elevated blood lead levels, areas with the
highest median soil lead concentration, and areas where it has
been determined that there are large numbers of residences that
have deteriorating paint. The commissioner shall differentiate
between intact paint and deteriorating paint. The commissioner
and political subdivisions shall require abatement of intact
paint only if the commissioner or political subdivision finds
that intact paint is a chewable or lead-dust producing surface
that is a known source of actual lead exposure to a specific
person. In adopting rules under this subdivision, the
commissioner shall require the best available technology for
abatement methods, paint stabilization, and repainting.
(b) The commissioner of health shall adopt standards and
abatement methods for lead in bare soil on playgrounds and
residential property in a manner to protect public health and
the environment.
(c) The commissioner of the pollution control agency shall
adopt rules to ensure that removal of exterior lead-based
coatings from residential property by abrasive blasting methods
and disposal of any hazardous waste are conducted in a manner
that protects public health and the environment.
(d) All standards adopted under this subdivision must
provide adequate margins of safety that are consistent with a
detailed review of scientific evidence and an emphasis on
overprotection rather than underprotection when the scientific
evidence is ambiguous. The rules must apply to any individual
performing or ordering the performance of lead abatement.
Sec. 28. Minnesota Statutes 1992, section 148C.11,
subdivision 4, is amended to read:
Subd. 4. [HOSPITAL CHEMICAL DEPENDENCY COUNSELORS.] Except
as provided in subdivision 4 3, paragraph (b), the licensing of
hospital chemical dependency counselors shall be voluntary.
Hospitals employing chemical dependency counselors shall not be
required to employ licensed chemical dependency counselors, nor
shall they require their chemical dependency counselors to be
licensed.
Sec. 29. Minnesota Statutes 1992, section 168.187,
subdivision 26, is amended to read:
Subd. 26. [DELINQUENT FILING OR PAYMENT.] If a fleet owner
licensed under this section and section 168.041, subdivision 11,
296.171 is delinquent in either filing or paying the
international fuel tax agreement reports for more than 30 days,
or paying the international registration plan billing for more
than 30 days, the fleet owner, after ten days' written notice,
is subject to suspension of the apportioned license plates and
the international fuel tax agreement license.
Sec. 30. Minnesota Statutes 1992, section 169.797,
subdivision 1, is amended to read:
Subdivision 1. [TORT LIABILITY.] Every owner of a vehicle
for which security has not been provided as required by section
65B.48, shall not by the provisions of this chapter 65B be
relieved of tort liability arising out of the operation,
ownership, maintenance, or use of the vehicle.
Sec. 31. Minnesota Statutes 1992, section 245A.18, is
amended to read:
245A.18 [SEAT BELT USE REQUIRED.]
(a) When a nonresidential license holder provides or
arranges for transportation for children served by the license
holder, children four years old and older must be restrained by
a properly adjusted and fastened seat belt and children under
age four must be properly fastened in a child passenger
restraint system meeting federal motor vehicle safety
standards. A child passenger restraint system is not required
for a child who, in the judgment of a licensed physician, cannot
be safely transported in a child passenger restraint system
because of a medical condition, body size, or physical
disability, if the license holder possesses a written statement
from the physician that satisfies the requirements in section
169.685, subdivision 5 6, paragraph (b).
(b) Paragraph (a) does not apply to transportation of
children in a school bus inspected under section 169.451 that
has a gross vehicle weight rating of more than 10,000 pounds, is
designed for carrying more than ten persons, and was
manufactured after 1977.
Sec. 32. Minnesota Statutes 1992, section 256B.19,
subdivision 1a, is amended to read:
Subd. 1a. [STATE REIMBURSEMENT OF COUNTIES.] Beginning
July 1, 1991, the state will reimburse counties according to the
payment schedule in section 256.025 for the county share of
costs incurred under this subdivision 1 on and after January 1,
1991, except for costs described in subdivision 1, clause (2).
Payment to counties under this subdivision is subject to the
provisions of section 256.017.
Sec. 33. Minnesota Statutes 1992, section 268.071,
subdivision 3, is amended to read:
Subd. 3. [ELIGIBILITY REQUIREMENTS FOR EXTENDED BENEFITS.]
An individual shall be eligible to receive extended benefits
with respect to any week of unemployment in the individual's
eligibility period only if the commissioner finds that with
respect to such week the individual:
(1) is an "exhaustee" as defined in subdivision 1, clause
(9);
(2) has satisfied the requirements of this law for the
receipt of regular benefits that are applicable to individuals
claiming extended benefits, including not being subject to a
disqualification for the receipt of benefits, except that an
individual disqualified for benefits pursuant to section 268.09,
subdivision 1, clause (6) (g) is not eligible for extended
benefits unless the individual has, subsequent to the
disciplinary suspension, earned at least four times the
individual's weekly extended benefit amount; and
(3) has, during the individual's base period earned wage
credits available for benefit purposes of not less than 40 times
the individual's weekly benefit amount as determined pursuant to
section 268.07, subdivision 2.
Sec. 34. Minnesota Statutes 1992, section 289A.20,
subdivision 4, is amended to read:
Subd. 4. [SALES AND USE TAX.] (a) The taxes imposed by
chapter 297A are due and payable to the commissioner monthly on
or before the 20th day of the month following the month in which
the taxable event occurred or following another reporting period
as the commissioner prescribes, except that use taxes due on an
annual use tax return as provided under section 289A.11,
subdivision 1, are payable by April 15 following the close of
the calendar year.
(b) A vendor having a liability of $1,500 or more in May of
a year must remit the June liability in the following manner:
(1) On or before June 20 of the year, the vendor must remit
the actual May liability and one-half of the estimated June
liability to the commissioner.
(2) On or before August 20 of the year, the vendor must pay
any additional amount of tax not remitted in June.
(3) If the vendor is required to remit by means of funds
transfer as provided in paragraph (d), the vendor may remit the
May liability as provided for in paragraph (e), but must remit
one-half of the estimated June liability on or before June 14.
The remaining amount of the June liability is due on August 14.
(c) When a retailer located outside of a city that imposes
a local sales and use tax collects use tax to be remitted to
that city, the retailer is not required to remit the tax until
the amount collected reaches $10.
(d) A vendor having a liability of $240,000 or more during
a fiscal year ending June 30 must remit all liabilities in the
subsequent calendar year by means of a funds transfer as defined
in section 336.4A-104, paragraph (a). The funds transfer
payment date, as defined in section 336.4A-401, must be on or
before the date the tax is due the 14th day of the month
following the month in which the taxable event occurred, except
for the one-half of the estimated June liability, which is due
with the May liability on June 14. The remaining amount of the
June liability is due on August 14. If the date the tax is due
is not a funds transfer business day, as defined in section
336.4A-105, paragraph (a), clause (4), the payment date must be
on or before the funds transfer business day next following the
date the tax is due.
(e) If the vendor required to remit by electronic funds
transfer as provided in paragraph (d) is unable due to
reasonable cause to determine the actual sales and use tax due
on or before the due date for payment, the vendor may remit an
estimate of the tax owed using one of the following options:
(1) 100 percent of the tax reported on the previous month's
sales and use tax return;
(2) 100 percent of the tax reported on the sales and use
tax return for the same month in the previous calendar year; or
(3) 95 percent of the actual tax due.
Any additional amount of tax that is not remitted on or
before the due date for payment, must be remitted with the
return. A vendor must notify the commissioner of the option
that will be used to estimate the tax due, and must obtain
approval from the commissioner to switch to another option. If
a vendor fails to remit the actual liability or does not remit
using one of the estimate options by the due date for payment,
the vendor must remit actual liability as provided in paragraph
(d) in all subsequent periods. This paragraph does not apply to
the June sales and use tax liability.
Sec. 35. Minnesota Statutes 1992, section 326.43, is
amended to read:
326.43 [COMMISSIONER MAY REVOKE LICENSE.]
The 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 commissioner upon at least five days'
notice, with the right to produce testimony. The 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
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. 36. [REPEALER.]
Minnesota Statutes 1992, section 334.011, subdivision 4, is
repealed.
Sec. 37. Minnesota Statutes 1992, section 349.31,
subdivision 1, is amended to read:
Subdivision 1. [INTENTIONAL POSSESSION; WILLFUL KEEPING.]
The intentional possession or willful keeping of a gambling
device on a licensed premises is cause for the suspension or
revocation of any license under which the licensed business is
carried on upon the premises where the gambling device is found,
provided that possession of gambling equipment as defined in
section 349.12, subdivision 11 18, which is used for lawful
gambling authorized by this chapter, and the manufacture of
gambling devices for use in jurisdictions where use of the
gambling device is legal as provided for by section 349.40 shall
not be cause for revocation of a license.
Sec. 38. Minnesota Statutes 1992, section 352.03,
subdivision 16, is amended to read:
Subd. 16. [DATA PROCESSING SERVICES.] Notwithstanding
chapter 16 16B, or any law to the contrary, the executive
director of the system may use the services of the department of
administration, information services division, for electronic
data processing and related services or may contract for all or
a part of the services.
Sec. 39. Minnesota Statutes 1992, section 352C.021,
subdivision 6, is amended to read:
Subd. 6. [DEPENDENT CHILD.] "Dependent child" means any
natural or adopted child of a deceased constitutional officer or
commissioner or a deceased former constitutional officer or
commissioner who is under the age of 18, or who is under the age
of 22 and is a full time student, and who in either case is
unmarried and was actually dependent for more than one-half of
the child's support upon the constitutional officer or
commissioner or the former constitutional officer or
commissioner for a period of at least 90 days immediately prior
to the death of the constitutional officer or commissioner or
the former constitutional officer or commissioner. The term
shall also include a posthumous child of the constitutional
officer or commissioner or the former constitutional officer or
commissioner.
Sec. 40. Minnesota Statutes 1992, section 357.11, is
amended to read:
357.11 [CORONERS.]
Fees for viewing or examining each dead body, for holding
an inquest, for preparing folios, and allowances for mileage for
necessary travel shall be determined by the county board.
(1) In performing the sheriff's duties a coroner shall
receive the fees allowed to the sheriff for like services.
(2) Fees and mileage for physicians called by the coroner
to make autopsies shall be determined by the county board. A
coroner or deputy coroner, who is duly licensed and registered
to practice medicine and surgery in this state, shall not be
disqualified from rendering medical care or hospitalization to a
recipient of public relief or being appointed an examiner in
insanity or incompetency hearings, or from being compensated
therefor, by virtue of holding such office. A coroner or deputy
coroner, who is a duly licensed funeral director or embalmer in
this state, shall not be disqualified from performing any duties
prescribed by law for each from rendering such services to a
recipient of public relief, or from being compensated therefor,
by virtue of holding such office. This chapter shall apply to
all counties now having or hereafter having a population of less
than 275,000 but shall not apply to any county where such fees
are now fixed by special laws.
(4) (3) The county board of any such county may allow the
reasonable and necessary expenses of any such coroner or
coroner's deputies, incurred for ambulance, telephone tolls,
telegrams, or postage, solely for official business.
Sec. 41. Minnesota Statutes 1992, section 471.617,
subdivision 1, is amended to read:
Subdivision 1. A statutory or home rule charter city,
county, school district, or instrumentality thereof which has
more than 100 employees, may by ordinance or resolution
self-insure for any employee health benefits including long-term
disability, but not for employee life benefits. Any
self-insurance plan shall provide all benefits which are
required by law to be provided by group health insurance
policies. Self-insurance plans shall be certified as provided
by section 62E.05. Employee wage deductions for the purpose of
funding a self-insured health benefit plan are subject to the
licensing provisions of section 60A.23, subdivision 7.
Sec. 42. Minnesota Statutes 1992, section 473.704,
subdivision 17, is amended to read:
Subd. 17. Members of the commission, its officers, and
employees, while on the business of the commission, may enter
upon any property within or outside the district at reasonable
times to determine the need for control programs. They may take
all necessary and proper steps for the control programs on
property within the district as the director of the commission
may designate. Subject to the paramount control of the county
and state authorities, commission members and officers and
employees of the commission may enter upon any property and
clean up any stagnant pool of water, the shores of lakes and
streams, and other breeding places for mosquitoes within the
district. The commissioner of natural resources shall allow the
commission to enter upon state property for the purposes
described in this subdivision. The commission may apply
insecticides approved by the director to any area within or
outside the district that is found to be a breeding place for
mosquitoes. The commission shall give reasonable notification
to the governing body of the local unit of government prior to
applying insecticides outside of the district on land located
within the jurisdiction of the local unit of government. The
commission shall not enter upon private property if the owner
objects except for control of disease bearing mosquito
encephalitis outbreaks.
Sec. 43. Minnesota Statutes 1992, section 475.66,
subdivision 3, is amended to read:
Subd. 3. Subject to the provisions of any resolutions or
other instruments securing obligations payable from a debt
service fund, any balance in the fund may be invested
(a) in governmental bonds, notes, bills, mortgages, and
other securities, which are direct obligations or are guaranteed
or insured issues of the United States, its agencies, its
instrumentalities, or organizations created by an act of
Congress, or in certificates of deposit secured by letters of
credit issued by federal home loan banks,
(b) in shares of an investment company (1) registered under
the Federal Investment Company Act of 1940, whose shares are
registered under the Federal Securities Act of 1933, and (2)
whose only investments are in (i) securities described in the
preceding clause, (ii) general obligation tax-exempt securities
rated A or better by a national bond rating service, and (iii)
repurchase agreements or reverse repurchase agreements fully
collateralized by those securities, if the repurchase agreements
or reverse repurchase agreements are entered into only with
those primary reporting dealers that report to the Federal
Reserve Bank of New York and with the 100 largest United States
commercial banks,
(c) in any security which is (1) a general obligation of
the state of Minnesota or any of its municipalities, or (2) a
general obligation of another state or local government with
taxing powers which is rated A or better by a national bond
rating service, or (3) a general obligation of the Minnesota
housing finance agency, or (4) a general obligation of a housing
finance agency of any state if it includes a moral obligation of
the state, or (5) a general or revenue obligation of any agency
or authority of the state of Minnesota other than a general
obligation of the Minnesota housing finance agency. Investments
under clauses (3) and (4) must be in obligations that are rated
A or better by a national bond rating service and investments
under clause (5) must be in obligations that are rated AA or
better by a national bond rating service,
(d) in bankers acceptances of United States banks eligible
for purchase by the Federal Reserve System,
(e) in commercial paper issued by United States
corporations or their Canadian subsidiaries that is of the
highest quality and matures in 270 days or less, or
(f) in guaranteed investment contracts issued or guaranteed
by United States commercial banks or domestic branches of
foreign banks or United States insurance companies or their
Canadian or United States subsidiaries; provided that the
investment contracts rank on a parity with the senior unsecured
debt obligations of the issuer or guarantor and, (1) in the case
of long-term investment contracts, either (i) the long-term
senior unsecured debt of the issuer or guarantor is rated, or
obligations backed by letters of credit of the issuer or
guarantor if forming the primary basis of a rating of such
obligations would be rated, in the highest or next highest
rating category of Standard & Poor's Corporation, Moody's
Investors Service, Inc., or a similar nationally recognized
rating agency, or (ii) if the issuer is a bank with headquarters
in Minnesota, the long-term senior unsecured debt of the issuer
is rated, or obligations backed by letters of credit of the
issuer if forming the primary basis of a rating of such
obligations would be rated in one of the three highest rating
categories of Standard & Poor's Corporation, Moody's Investors
Service, Inc., or similar nationally recognized rating agency,
or (2) in the case of short-term investment contracts, the
short-term unsecured debt of the issuer or guarantor is rated,
or obligations backed by letters of credit of the issuer or
guarantor if forming the primary basis or of a rating of such
obligations would be rated, in the highest two rating categories
of Standard and Poor's Corporation, Moody's Investors Service,
Inc., or similar nationally recognized rating agency.
The fund may also be used to purchase any obligation,
whether general or special, of an issue which is payable from
the fund, at such price, which may include a premium, as shall
be agreed to by the holder, or may be used to redeem any
obligation of such an issue prior to maturity in accordance with
its terms. The securities representing any such investment may
be sold or hypothecated by the municipality at any time, but the
money so received remains a part of the fund until used for the
purpose for which the fund was created.
Sec. 44. [REPEALER.]
Minnesota Statutes 1992, section 480.0591, subdivision 3,
is repealed.
Sec. 45. Minnesota Statutes 1992, section 480.15,
subdivision 9, is amended to read:
Subd. 9. The court administrator shall formulate and
submit to the judicial council of this state and to the
respective houses of the legislature recommendations of policies
for the improvement of the judicial system.
Sec. 46. Minnesota Statutes 1992, section 525.9221, is
amended to read:
525.9221 [EXAMINATION, AUTOPSY, LIABILITY.]
(a) An anatomical gift authorizes any reasonable
examination necessary to assure medical acceptability of the
gift for the purposes intended.
(b) The provisions of sections 525.921 to 525.9224 are
subject to the laws of this state governing autopsies.
(c) A hospital, physician, surgeon, coroner, medical
examiner, local public health officer, enucleator, technician,
or other person, who acts in accordance with sections 525.921 to
525.9224 or with the applicable anatomical gift law of another
state or a foreign country or attempts in good faith to do so is
not liable for that act in a civil action or criminal proceeding.
(d) An individual who makes an anatomical gift pursuant to
section 525.921, subdivision 3 or 3a 525.9211 or 525.9212, and
the individual's estate are not liable for any injury or damage
that may result from the making or the use of the anatomical
gift.
Sec. 47. Minnesota Statutes 1992, section 551.04,
subdivision 14, is amended to read:
Subd. 14. [DISCHARGE OF A THIRD PARTY.] Subject to
subdivisions 6 and 15, the third party, after disclosure, shall
be discharged of any further obligation to the judgment creditor
earnings when one of the following conditions is met:
(a) The third party discloses that the third party is not
indebted to the judgment debtor or does not possess any
earnings, property, money, or indebtedness belonging to the
judgment debtor that is attachable as defined in subdivision 2.
The disclosure is conclusive against the judgment creditor and
discharges the third party from any further obligation to the
judgment creditor other than to retain and remit all nonexempt
disposable earnings, property, indebtedness, or money of the
judgment debtor which was disclosed.
(b) The third party discloses that the third party is
indebted to the judgment debtor as indicated on the execution
disclosure form. The disclosure is conclusive against the
judgment creditor and discharges the third party from any
further obligation to the judgment creditor other than to retain
and remit all nonexempt disposable earnings, property,
indebtedness, or money of the judgment debtor that was disclosed.
(c) The court may, upon motion of an interested person,
discharge the third party as to any disposable earnings, money,
property, or indebtedness in excess of the amount that may be
required to satisfy the judgment creditor's claim.
Sec. 48. Minnesota Statutes 1992, section 600.02, is
amended to read:
600.02 [BUSINESS RECORDS AS EVIDENCE.]
A record of an act, condition, or event shall, in so far as
relevant, be competent evidence if the custodian or other
qualified witness testifies to its identity and the mode of its
preparation, and if it was made in the regular course of
business, at or near the time of the act, condition, or event,
and if, in the opinion of the court, the sources of information,
method, and time or of preparation were such as to justify its
admission.
Sec. 49. Minnesota Statutes 1992, section 609.3471, is
amended to read:
609.3471 [RECORDS PERTAINING TO VICTIM IDENTITY
CONFIDENTIAL.]
Notwithstanding any provision of law to the contrary, no
data contained in records or reports relating to petitions,
complaints, or indictments issued pursuant to section 609.342;
609.343; 609.344; or 609.345 which specifically identifies a
victim who is a minor shall be accessible to the public, except
by order of the court. Nothing in this section authorizes
denial of access to any other data contained in the records or
reports, including the identity of the defendant.
Sec. 50. Minnesota Statutes 1992, section 626.556,
subdivision 10, is amended to read:
Subd. 10. [DUTIES OF LOCAL WELFARE AGENCY AND LOCAL LAW
ENFORCEMENT AGENCY UPON RECEIPT OF A REPORT.] (a) If the report
alleges neglect, physical abuse, or sexual abuse by a parent,
guardian, or individual functioning within the family unit as a
person responsible for the child's care, the local welfare
agency shall immediately conduct an assessment and offer
protective social services for purposes of preventing further
abuses, safeguarding and enhancing the welfare of the abused or
neglected minor, and preserving family life whenever possible.
If the report alleges a violation of a criminal statute
involving sexual abuse or physical abuse, the local law
enforcement agency and local welfare agency shall coordinate the
planning and execution of their respective investigation and
assessment efforts to avoid a duplication of fact-finding
efforts and multiple interviews. Each agency shall prepare a
separate report of the results of its investigation. When
necessary the local welfare agency shall seek authority to
remove the child from the custody of a parent, guardian, or
adult with whom the child is living. In performing any of these
duties, the local welfare agency shall maintain appropriate
records.
(b) When a local agency receives a report or otherwise has
information indicating that a child who is a client, as defined
in section 245.91, has been the subject of physical abuse or
neglect at an agency, facility, or program as defined in section
245.91, it shall, in addition to its other duties under this
section, immediately inform the ombudsman established under
sections 245.91 to 245.97.
(c) Authority of the local welfare agency responsible for
assessing the child abuse report and of the local law
enforcement agency for investigating the alleged abuse includes,
but is not limited to, authority to interview, without parental
consent, the alleged victim and any other minors who currently
reside with or who have resided with the alleged perpetrator.
The interview may take place at school or at any facility or
other place where the alleged victim or other minors might be
found and may take place outside the presence of the perpetrator
or parent, legal custodian, guardian, or school official.
Except as provided in this paragraph, the parent, legal
custodian, or guardian shall be notified by the responsible
local welfare or law enforcement agency no later than the
conclusion of the investigation or assessment that this
interview has occurred. Notwithstanding rule 49.02 of the
Minnesota rules of procedure for juvenile courts, the juvenile
court may, after hearing on an ex parte motion by the local
welfare agency, order that, where reasonable cause exists, the
agency withhold notification of this interview from the parent,
legal custodian, or guardian. If the interview took place or is
to take place on school property, the order shall specify that
school officials may not disclose to the parent, legal
custodian, or guardian the contents of the notification of
intent to interview the child on school property, as provided
under this paragraph, and any other related information
regarding the interview that may be a part of the child's school
record. A copy of the order shall be sent by the local welfare
or law enforcement agency to the appropriate school official.
(d) When the local welfare or local law enforcement agency
determines that an interview should take place on school
property, written notification of intent to interview the child
on school property must be received by school officials prior to
the interview. The notification shall include the name of the
child to be interviewed, the purpose of the interview, and a
reference to the statutory authority to conduct an interview on
school property. For interviews conducted by the local welfare
agency, the notification shall be signed by the chair of the
county welfare board or the chair's designee. The notification
shall be private data on individuals subject to the provisions
of this paragraph. School officials may not disclose to the
parent, legal custodian, or guardian the contents of the
notification or any other related information regarding the
interview until notified in writing by the local welfare or law
enforcement agency that the investigation or assessment has been
concluded. Until that time, the local welfare or law
enforcement agency shall be solely responsible for any
disclosures regarding the nature of the assessment or
investigation.
Except where the alleged perpetrator is believed to be a
school official or employee, the time and place, and manner of
the interview on school premises shall be within the discretion
of school officials, but the local welfare or law enforcement
agency shall have the exclusive authority to determine who may
attend the interview. The conditions as to time, place, and
manner of the interview set by the school officials shall be
reasonable and the interview shall be conducted not more than 24
hours after the receipt of the notification unless another time
is considered necessary by agreement between the school
officials and the local welfare or law enforcement agency.
Where the school fails to comply with the provisions of this
paragraph, the juvenile court may order the school to comply.
Every effort must be made to reduce the disruption of the
educational program of the child, other students, or school
staff when an interview is conducted on school premises.
(e) Where the perpetrator or a person responsible for the
care of the alleged victim or other minor prevents access to the
victim or other minor by the local welfare agency, the juvenile
court may order the parents, legal custodian, or guardian to
produce the alleged victim or other minor for questioning by the
local welfare agency or the local law enforcement agency outside
the presence of the perpetrator or any person responsible for
the child's care at reasonable places and times as specified by
court order.
(f) Before making an order under paragraph (d) (e), the
court shall issue an order to show cause, either upon its own
motion or upon a verified petition, specifying the basis for the
requested interviews and fixing the time and place of the
hearing. The order to show cause shall be served personally and
shall be heard in the same manner as provided in other cases in
the juvenile court. The court shall consider the need for
appointment of a guardian ad litem to protect the best interests
of the child. If appointed, the guardian ad litem shall be
present at the hearing on the order to show cause.
(g) The commissioner, the ombudsman for mental health and
mental retardation, the local welfare agencies responsible for
investigating reports, and the local law enforcement agencies
have the right to enter facilities as defined in subdivision 2
and to inspect and copy the facility's records, including
medical records, as part of the investigation. Notwithstanding
the provisions of chapter 13, they also have the right to inform
the facility under investigation that they are conducting an
investigation, to disclose to the facility the names of the
individuals under investigation for abusing or neglecting a
child, and to provide the facility with a copy of the report and
the investigative findings.
Sec. 51. Minnesota Statutes 1992, section 626.861,
subdivision 3, is amended to read:
Subd. 3. [COLLECTION BY COURT.] After a determination by
the court of the amount of the fine or penalty assessment due,
the court administrator shall collect the appropriate penalty
assessment and transmit it to the county treasurer separately
with designation of its origin as a penalty assessment, but with
the same frequency as fines are transmitted. Amounts collected
under this subdivision shall then be transmitted to the state
treasurer for deposit for peace officers training, in the same
manner as fines collected for the state by a county. The state
treasurer shall identify and report to the commissioner of
finance all amounts deposited in the general fund under this
section according to subdivision 4.
Sec. 52. [REPEALER.]
Laws 1991, chapter 254, article 3, section 21, is repealed.
ARTICLE 2
OBSOLETE REFERENCES
Section 1. [REVISOR'S INSTRUCTION.]
In each section of Minnesota Statutes referred to in column
A, the revisor of statutes shall delete the reference in column
B, and insert the reference in column C.
Column A Column B Column C
10A.31, subd. 8 10A.32, subd. 3 10A.322, subd. 1
10A.31, subd. 11 10A.32, subd. 3 10A.322, subd. 1
18.333 18.171, subd. 5 18.77, subd. 8
60A.11, subd. 10 60D.01, subd. 2 60D.15, subd. 2
60A.11, subd. 10 60D.01, subd. 4 60D.15, subd. 4
60A.11, subd. 10 60D.01, subd. 9 60D.15, subd. 9
60B.15 60A.051 60A.052
62C.12 60A.051 60A.052
62G.14 60A.051 60A.052
62L.11, subd. 1 60A.051 60A.052
62L.12, subd. 3 60A.17, subd. 6c 60K.11
62L.12, subd. 3 60A.17, subd. 6d 60K.11
71A.08, subd. 2 60A.05 60A.052
79.252, subd. 4 176.131 Minnesota Statutes
1990, section 176.131
160.02, subd. 14 18.171, subd. 5 18.77, subd. 8
174.06, subd. 1 473.401 473.404
174.06, subd. 1 473.451 473.449
176.1311 176.131 Minnesota Statutes
1990, section 176.131
176.191, subd. 2 176.131 Minnesota Statutes
1990, section 176.131
383D.71 458.196 469.065
458D.03, subd. 8 Const. art 5, sec. 8 Const. art 5, sec. 6
514.945 223A.03 and 223A.04 336A.15 and 336A.16
523.01 523.25 523.24
523.05 523.25 523.24
528.15, subd. 2 523.25 523.24
550.37, subd. 13 571.55 571.922
590.05 611.29 611.27
Sec. 2. Minnesota Statutes 1992, section 3.9741, is
amended to read:
3.9741 [COST OF EXAMINATION, BILLING, PAYMENT.]
Upon the audit of the financial accounts and affairs of a
commission under section 473.413, 473.595, 473.604, or 473.703,
the affected metropolitan commission is liable to the state for
the total cost and expenses of the audit, including the salaries
paid to the examiners while actually engaged in making the
examination. The legislative auditor may bill the metropolitan
commission either monthly or at the completion of the audit.
All collections received for the audits must be deposited in the
general fund.
Sec. 3. Minnesota Statutes 1992, section 65B.09,
subdivision 1, is amended to read:
Subdivision 1. [AGENTS' RESPONSIBILITY.] Every person
licensed under section 60A.17 chapter 60K who is authorized to
solicit, negotiate or effect automobile insurance on behalf of
any member shall:
(1) Offer to place coverage through the facility for any
qualified applicant who is ineligible or unacceptable for
coverage in the insurer or insurers for whom the agent is
authorized to solicit, negotiate or effect automobile
insurance. Provided, that the failure of an agent to make such
an offer to a qualified applicant shall not subject the agent to
any liability to the applicant;
(2) Forward to the facility all applications and any
deposit premiums which are required by the plan of operation,
rules and procedures of the facility, if the qualified applicant
accepts the offer to have coverage placed through the facility;
(3) Be entitled to receive compensation for placing
insurance through the facility at the uniform rates of
compensation as provided in the plan of operation, and all
members shall pay such compensation.
Sec. 4. Minnesota Statutes 1992, section 79.251,
subdivision 6, is amended to read:
Subd. 6. [AGENTS.] A person licensed under section
60A.17 chapter 60K may submit an application for coverage to the
assigned risk plan and receive a fee from the assigned risk plan
for submitting the application. However, the licensee is not an
agent of the assigned risk plan for purposes of state law. All
checks or similar instruments submitted in payment of assigned
risk plan premiums must be made payable to the assigned risk
plan and not the agent.
Sec. 5. Minnesota Statutes 1992, section 80E.09,
subdivision 2, is amended to read:
Subd. 2. [TIME IN WHICH PAYMENTS MUST BE MADE.] Fair and
reasonable compensation shall be paid by the manufacturer when
possible within 90 days of the effective date of termination,
cancellation, or nonrenewal, provided the dealer has clear title
to the inventory and other items, is in a position to convey
that title to the manufacturer and as long as this period will
allow compliance with the notification requirements of sections
336.6-101 to 336.6-111 or any other state or federal laws
relating to creditor notification.
Sec. 6. Minnesota Statutes 1992, section 148B.06,
subdivision 2, is amended to read:
Subd. 2. [HEARING.] In lieu of the notice and hearing
requirements of section 148B.16 148B.175, when a licensee or
applicant is required to obtain a clearance certificate under
this subdivision, a contested case hearing must be held if the
licensee or applicant requests a hearing in writing to the
commissioner of revenue within 30 days of the date of the notice
required in subdivision 1. The hearing must be held within 45
days of the date the commissioner of revenue refers the case to
the office of administrative hearings. Notwithstanding any
other law, the licensee or applicant must be served with 20
days' notice in writing specifying the time and place of the
hearing and the allegations against the licensee or applicant.
The notice may be served personally or by mail.
Sec. 7. Minnesota Statutes 1992, section 256B.0644, is
amended to read:
256B.0644 [PARTICIPATION REQUIRED FOR REIMBURSEMENT UNDER
OTHER STATE HEALTH CARE PROGRAMS.]
A vendor of medical care, as defined in section 256B.02,
subdivision 7, and a health maintenance organization, as defined
in chapter 62D, must participate as a provider or contractor in
the medical assistance program, general assistance medical care
program, and the health right plan as a condition of
participating as a provider in health insurance plans or
contractor for state employees established under section 43A.18,
the public employees insurance plan under section 43A.316, the
workers' compensation system under section 176.135, and
insurance plans provided through the Minnesota comprehensive
health association under sections 62E.01 to 62E.17 62E.16. For
providers other than health maintenance organizations,
participation in the medical assistance program means that (1)
the provider accepts new medical assistance patients or (2) at
least 20 percent of the provider's patients are covered by
medical assistance, general assistance medical care, or the
health right plan as their primary source of coverage. The
commissioner shall establish participation requirements for
health maintenance organizations. The commissioner shall
provide lists of participating medical assistance providers on a
quarterly basis to the commissioner of employee relations, the
commissioner of labor and industry, and the commissioner of
commerce. Each of the commissioners shall develop and implement
procedures to exclude as participating providers in the program
or programs under their jurisdiction those providers who do not
participate in the medical assistance program.
Sec. 8. Minnesota Statutes 1992, section 290.9201,
subdivision 7, is amended to read:
Subd. 7. [WITHHOLDING ON COMPENSATION OF ENTERTAINERS.]
The tax on compensation of an entertainer must be withheld at a
rate of two percent of all compensation paid to the
entertainment entity by the person or corporation having legal
control of the payment of the compensation. The compensation
subject to withholding under this section is not subject to the
withholding provisions of section 290.92, subdivision 2a, 3, or
28, except the provisions of sections 290.92, subdivisions
subdivision 6a and 18, 270.06, paragraph (16),
289A.09, subdivision subdivisions 1, paragraph (f), and 2,
289A.60, and 289A.63 shall apply to withholding under this
section as if the withholding were upon wages.
Sec. 9. Minnesota Statutes 1992, section 290A.03,
subdivision 13, is amended to read:
Subd. 13. [PROPERTY TAXES PAYABLE.] "Property taxes
payable" means the property tax exclusive of special
assessments, penalties, and interest payable on a claimant's
homestead before reductions made under section 273.13 but after
deductions made under sections 273.132, 273.135, 273.1391,
273.42, subdivision 2, and any other state paid property tax
credits in any calendar year. In the case of a claimant who
makes ground lease payments, "property taxes payable" includes
the amount of the payments directly attributable to the property
taxes assessed against the parcel on which the house is
located. No apportionment or reduction of the "property taxes
payable" shall be required for the use of a portion of the
claimant's homestead for a business purpose if the claimant does
not deduct any business depreciation expenses for the use of a
portion of the homestead in the determination of federal
adjusted gross income. For homesteads which are manufactured
homes as defined in section 274.19, subdivision 8, "property
taxes payable" shall also include the amount of the gross rent
paid in the preceding year for the site on which the homestead
is located, which is attributable to the net tax paid on the
site. The amount attributable to property taxes shall be
determined by multiplying the net tax on the parcel by a
fraction, the numerator of which is the gross rent paid for the
calendar year for the site and the denominator of which is the
gross rent paid for the calendar year for the parcel. When a
homestead is owned by two or more persons as joint tenants or
tenants in common, such tenants shall determine between them
which tenant may claim the property taxes payable on the
homestead. If they are unable to agree, the matter shall be
referred to the commissioner of revenue whose decision shall be
final. Property taxes are considered payable in the year
prescribed by law for payment of the taxes.
In the case of a claim relating to "property taxes
payable," the claimant must have owned and occupied the
homestead on January 2 of the year in which the tax is payable
and (i) the property must have been classified as homestead
property pursuant to section 273.13, subdivision 22 or 23, on or
before June 1 of the year in which the "property taxes payable"
were levied; or (ii) the claimant must provide documentation
from the local assessor that application for homestead
classification has been made prior to October 1 of the year in
which the "property taxes payable" were payable and that the
assessor has approved the application.
Sec. 10. Minnesota Statutes 1992, section 325E.0681,
subdivision 9, is amended to read:
Subd. 9. [PROVISIONS OF CONTRACT SUPPLEMENTED.] This
section is supplemental to an agreement between the dealer and
the manufacturer covering the return of heavy and utility
equipment. The dealer may elect to pursue either the dealer's
contract remedy or the remedy provided in this section. An
election by the dealer to pursue the contract remedy does not
bar the dealer's right to the remedy provided in this section as
to the heavy and utility equipment not affected by the contract
remedy. Notwithstanding anything contained in this section, the
rights of a manufacturer to charge back to the dealer's account
amounts previously paid or credited as a discount incident to
the dealer's purchase of goods is not affected. A repurchase
made under this section is not subject to the bulk transfers
law, sections 336.6-101 to 336.6-111.
Sec. 11. Minnesota Statutes 1992, section 473.516,
subdivision 1, is amended to read:
Subdivision 1. [ACQUISITION AND OPERATION.] Without
limiting the grant or enumeration of any of the powers conferred
on the council or commission under sections 473.501 to 473.549,
the commission shall have the specific power to acquire by
purchase, lease, condemnation, gift or grant any real or
personal property including development rights as defined in
section 473.833, positive and negative easements and water and
air rights, and it may construct, enlarge, improve, replace,
repair, maintain and operate waste facilities in the
metropolitan area deemed to be necessary or convenient in
connection with the processing or disposal of waste resulting
from sewage treatment, and the commission may contract for the
maintenance and operation of such waste facilities, subject to
the bidding requirements of section 473.523. The commission may
accept for processing waste derived from outside the
metropolitan area in the state, as well as waste derived from
within the metropolitan area, and may fix and collect fees and
charges for the acceptance of waste as the commission determines
to be reasonable.
Sec. 12. Minnesota Statutes 1992, section 473.811,
subdivision 6, is amended to read:
Subd. 6. [GRANTS AND LOANS TO COUNTIES.] Each metropolitan
county may accept gifts, may apply for and accept grants or
loans of money or other property from the United States, the
state, the metropolitan council, any local government unit, or
any person, to accomplish the purposes specified in sections
473.149, 473.151, 473.801 to 473.823, 473.831, and 473.834, may
enter into any agreement required in connection therewith, and
may hold, use, and dispose of the money or property in
accordance with the terms of the gift, grant, loan or agreement
relating thereto.
Sec. 13. Minnesota Statutes 1992, section 473.811,
subdivision 7, is amended to read:
Subd. 7. [JOINT ACTION.] Any local governmental unit or
metropolitan agency may act together with any county, city, or
town within or without the metropolitan area, or with the
pollution control agency or the office of waste management under
the provisions of section 471.59 or any other appropriate law
providing for joint or cooperative action between government
units, to accomplish any purpose specified in sections 473.149,
473.151, 473.801 to 473.823, 473.831, 473.834, 116.05 and
115A.06.
Any agreement regarding data processing services relating
to the generation, management, identification, labeling,
classification, storage, collection, treatment, transportation,
processing or disposal of waste and entered into pursuant to
section 471.59, or other law authorizing joint or cooperative
action may provide that any party to the agreement may agree to
defend, indemnify and hold harmless any other party to the
agreement providing the services, including its employees,
officers or volunteers, against any judgments, expenses,
reasonable attorney's fees and amounts paid in settlement
actually and reasonably incurred in connection with any third
party claim or demand arising out of an alleged act or omission
by a party to the agreement, its employees, officers or
volunteers occurring in connection with any exchange, retention,
storage or processing of data, information or records required
by the agreement. Any liability incurred by a party to an
agreement under this subdivision shall be subject to the
limitations set forth in section 3.736 or 466.04.
Sec. 14. Minnesota Statutes 1992, section 473.811,
subdivision 8, is amended to read:
Subd. 8. [COUNTY SALE OR LEASE.] Each metropolitan county
may sell or lease any facilities or property or property rights
previously used or acquired to accomplish the purposes specified
by sections 473.149, 473.151, 473.801 to 473.823, 473.831, and
473.834. Such property may be sold in the manner provided by
section 469.065, or may be sold in the manner and on the terms
and conditions determined by the county board. Each
metropolitan county may convey to or permit the use of any such
property by a local government unit, with or without
compensation, without submitting the matter to the voters of the
county. No real property or property rights acquired pursuant
to this section, may be disposed of in any manner unless and
until the county shall have submitted to the agency and the
metropolitan council for review and comment the terms on and the
use for which the property will be disposed of. The agency and
the council shall review and comment on the proposed disposition
within 60 days after each has received the data relating thereto
from the county.
Sec. 15. Minnesota Statutes 1992, section 473.811,
subdivision 9, is amended to read:
Subd. 9. [SOLID AND HAZARDOUS WASTE FUND.] All money
received by any metropolitan county from any source specified in
sections 473.149, 473.151, 473.801 to 473.823, 473.831, and
473.834 shall be paid into the county treasury, placed in a
special fund designated as the county solid and hazardous waste
fund, and used only for the purposes authorized in those
sections, as appropriated by the county board, subject to any
lawful restrictions, conditions, or pledges applicable thereto.
Sec. 16. Minnesota Statutes 1992, section 477A.13, is
amended to read:
477A.13 [TIME OF PAYMENT, DEDUCTIONS.]
Payments to the counties shall be made from the general
fund during the month of July of the year next following
certification. There shall be deducted from amounts paid any
amounts paid to a county or township during the preceding year
pursuant to sections 89.036, 97A.061, subdivisions 1 and 2, and
272.68, subdivision 3, with respect to the lands certified
pursuant to section 477A.12.
Sec. 17. Minnesota Statutes 1992, section 480.059,
subdivision 7, is amended to read:
Subd. 7. [EFFECT UPON STATUTES.] Present statutes relating
to the pleadings, practice, procedure, and the forms thereof in
criminal actions shall be effective until modified or superseded
by court rule. If a rule is promulgated pursuant to this
section which is in conflict with a statute, the statute shall
thereafter be of no force and effect. Notwithstanding any rule,
however, the following statutes remain in full force and effect:
(a) Statutes which relate to substantive criminal law,
found in chapters 609, 617, and 624, except for sections
609.115, and 609.145;
(b) Statutes which relate to the rights of the accused,
found in sections 611.01 to 611.033, 611.11 to 611.12, and
611.30 to 611.34 and Laws 1973, chapter 317;
(c) Statutes which relate to the prevention of crime, found
in chapter 625;
(d) Statutes which relate to training, investigation,
apprehension, and reports, found in chapter 626;
(e) Statutes which relate to privacy of communications,
found in chapter 626A;
(f) Statutes which relate to extradition, detainers, and
arrest, found in sections 629.01 to 629.404;
(g) Statutes which relate to judgment and sentence, found
in sections 631.20 to 631.21 and 631.40 to 631.51;
(h) Statutes which relate to special rules, evidence,
privileges, and witnesses, found in sections 595.02 to 595.025
and chapter 634;
(i) The supreme court shall not have the power to adopt or
promulgate any rule requiring less than unanimous verdicts in
criminal cases; and
(j) Statutes which relate to the writ of habeas corpus,
including but not limited to, sections 589.01 to 589.30 and
484.03.
Whenever, pursuant to this section, the court adopts a rule
which conflicts, modifies, or supersedes a statute not
enumerated above it shall indicate the statute in the order
adopting the rule.
Presented to the governor March 29, 1993
Signed by the governor March 31, 1993, 3:38 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes