Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 366-S.F.No. 1642 
           An act relating to legislative enactments; providing 
          for the correction of miscellaneous oversights, 
          inconsistencies, ambiguities, unintended results, and 
          technical errors of a noncontroversial nature; 
          amending Minnesota Statutes 1992, sections 115A.9651, 
          as amended; 116J.70, subdivision 2a, as amended; 
          124C.62, subdivision 1, as amended; 148.181, 
          subdivision 1, as amended; 256.9353, subdivision 1, as 
          amended; 256B.0625, subdivision 32, as amended; 
          256B.0913, subdivision 5, as amended; 256D.02, 
          subdivision 5, as amended; 256D.051, subdivision 6, as 
          amended; 326.83, subdivision 6, as amended; 609.605, 
          subdivision 1, as amended; 609.67, subdivision 1, as 
          amended; 624.713, subdivision 1, as amended; Laws 
          1993, chapters 138, section 3; 145, section 5; 207, 
          section 1, subdivision 1; 225, article 9, section 76; 
          Senate File 1105, section 33; Senate File 1570, 
          sections 2, subdivision 7; and 75, subdivision 1; and 
          by adding a section; Senate File 1620, section 79, 
          subdivision 6; House File 574, article 4, section 55; 
          House File 1585, article 1, sections 3; 13, 
          subdivision 1; and 35; and article 4, section 41.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [CORRECTION 1.] Minnesota Statutes 1992, 
section 148.181, subdivision 1, as amended by Laws 1993, chapter 
88, section 1, and Laws 1993, chapter 105, section 1, is amended 
to read: 
    Subdivision 1.  [MEMBERSHIP.] The board of nursing consists 
of 16 members appointed by the governor, each of whom must be a 
resident of this state.  Eight members must be registered 
nurses, each of whom must have graduated from an approved school 
of nursing, must be licensed and currently registered as a 
registered nurse in this state, and must have had at least five 
years experience in nursing practice, nursing administration, or 
nursing education immediately preceding appointment.  One of the 
eight must have had at least two years executive or teaching 
experience in a baccalaureate degree nursing program approved by 
the board under section 148.251 during the five years 
immediately preceding appointment, one of the eight must have 
had at least two years executive or teaching experience in an 
associate degree nursing program approved by the board under 
section 148.251 during the five years immediately preceding 
appointment, and one of the five eight must be practicing 
professional nursing in a nursing home at the time of 
appointment, and one of the eight must have had at least two 
years executive or teaching experience in a practical nursing 
program approved by the board under section 148.251 during the 
five years immediately preceding appointment, and one of the 
eight must have national certification as a registered nurse 
anesthetist, nurse practitioner, nurse midwife, or clinical 
nurse specialist.  Four of the eight must have had at least five 
years of experience in nursing practice or nursing 
administration immediately preceding appointment.  Four members 
must be licensed practical nurses, each of whom must have 
graduated from an approved school of nursing, must be licensed 
and currently registered as a licensed practical nurse in this 
state, and must have had at least five years experience in 
nursing practice immediately preceding appointment.  The 
remaining four members must be public members as defined by 
section 214.02. 
    A member may be reappointed but may not serve more than two 
full terms consecutively.  The governor shall attempt to make 
appointments to the board that reflect the geography of the 
state.  The board members who are nurses should as a whole 
reflect the broad mix of practice types and sites of nurses 
practicing in Minnesota. 
    Membership terms, compensation of members, removal of 
members, the filling of membership vacancies, and fiscal year 
and reporting requirements are as provided in sections 214.07 to 
214.09.  Any nurse on the board who during incumbency 
permanently ceases to be actively engaged in the practice of 
nursing or otherwise becomes disqualified for board membership 
is automatically removed, and the governor shall fill the 
vacancy.  The provision of staff, administrative services, and 
office space; the review and processing of complaints; the 
setting of board fees; and other provisions relating to board 
operations are as provided in sections 148.171 to 148.285 and 
chapter 214.  Each member of the board shall file with the 
secretary of state the constitutional oath of office before 
beginning the term of office. 
    Sec. 2.  [CORRECTION 2.] 1993 S.F. No. 1570, if enacted, is 
amended by adding a section to read: 
    Sec. 95.  Minnesota Statutes 1992, section 41A.09, is 
amended by adding a subdivision to read: 
    Subd. 8.  [PROMOTIONAL AND EDUCATIONAL MATERIALS; 
DESCRIPTION OF MULTIPLE SOURCES OF ETHANOL REQUIRED.] 
Promotional or educational efforts related to ethanol that are 
financed wholly or partially with state funds and that promote 
or identify a particular crop or commodity used to produce 
ethanol must also include a description of the other potential 
sources of ethanol listed in subdivision 2. 
    Sec. 3.  [CORRECTION 3.] 1993 S.F. No. 1570, section 2, 
subdivision 7, if enacted, is amended to read: 
Subd. 7.  General Support 
     6,624,000      6,916,000
              Summary by Fund
General               1,762,000     1,762,000
Environmental         4,854,000     5,146,000
Metro Landfill
Contingency               8,000         8,000
 (a) The following amounts are 
appropriated for Phase I of an 
environmental computer compliance 
management system: 
General                 400,000       400,000
Environmental         1,309,000     1,599,000
 From the environmental fund, $381,000 
the first year and $420,000 the second 
year are appropriated from the agency's 
indirect cost account; $350,000 the 
first year is appropriated from the 
balance in the hazardous waste fee 
account; $200,000 the first year is 
appropriated from the balance in the 
low level radiation fee account; 
$790,000 the second year is 
appropriated from the unexpended 
balance in the motor vehicle transfer 
fee account; and $378,000 the first 
year and $389,000 are appropriated 
proportionately from all salary 
accounts in the environmental fund. 
 The project must be coordinated to 
access department of natural resources 
computer information.  The commissioner 
must report on the project to the house 
ways and means and senate finance 
committee by July 1, 1995. 
 (b) $150,000 is appropriated in each of 
fiscal years 1994 and 1995 to the 
commissioner of the pollution control 
agency from the motor vehicle transfer 
account in the environmental fund for 
the purpose of making grants for 
development of management alternatives 
for shredder residue under article 2, 
section 29 90.  The unencumbered 
balance remaining in the first year 
does not cancel but is available for 
the second year and any amount of this 
appropriation not used to make grants 
under article 2, section 29 90 reverts 
to the motor vehicle transfer account 
on June 30, 1995. 
 (c) $140,000 is appropriated to the 
commissioner of the pollution control 
agency from the motor vehicle transfer 
account in the environmental fund for 
the purpose of studying management of 
shredder residue from motor vehicles, 
appliances, and other sources of 
recyclable steel and administering the 
grants authorized under article 2, 
section 29 90. 
 (d) None of the money appropriated in 
paragraphs (b) and (c) may be spent 
unless the legislative commission on 
waste management has approved a work 
program prepared by the commissioner of 
the pollution control agency.  
    Sec. 4.  [CORRECTION 3.] 1993 S.F. No. 1570, section 75, 
subdivision 1, if enacted, is amended to read: 
    Subdivision 1.  [SCOPE.] As used in sections 64 and 65 this 
section and section 76, the terms defined in this section have 
the meanings given. 
    Sec. 5.  [CORRECTION 5; VETERANS SERVICE OFFICE GRANT 
PROGRAM.] 1993 S.F. No. 1620, section 79, subdivision 6, if 
enacted, is amended to read: 
    Subd. 6.  [GRANT AMOUNT.] The amount of each grant must be 
determined by the commissioner of veterans affairs, and may not 
exceed the lesser of: 
    (1) the amount specified in the grant application to be 
expended on the plan for enhancing the effectiveness of the 
county veterans service office; or 
    (2) the county's share of the total funds available under 
the program, determined in the following manner: 
    (i) if the county's veteran population is less than 1,000, 
the county's grant share shall be $2,000; 
    (ii) if the county's veteran population is 1,000 or more 
but less than 3,000, the county's grant share shall be $4,000; 
    (iii) if the county's veteran population is 3,000 or more 
but less then 10,000, the county's grant share shall be $6,000; 
or 
    (iv) if the county's veteran population is 10,000 or more, 
the county's grant share shall be $8,000. 
    In any year, only one-half of the counties in each of the 
four veteran population categories (i) to (iv) shall may be 
awarded grants.  Grants shall be awarded on a first-come 
first-served basis to counties submitting applications which 
meet the commissioner's criteria as established in the rules.  
Any county not receiving a grant in any given year shall receive 
priority consideration for a grant the following year.  
    In any year, after a period of time to be determined by the 
commissioner, any amounts remaining from undistributed county 
grant shares may be reallocated to the other counties which have 
submitted qualifying application. 
    The veteran population of each county shall be determined 
by the figure supplied by the United States Department of 
Veterans Affairs, as adopted by the commissioner. 
    Sec. 6.  [CORRECTION 10; MANUFACTURED HOME PARKS.] 1993 
S.F. No. 1105, section 33, if enacted, is amended to read: 
    Sec. 33.  [MANUFACTURED HOME PARK ZONING STUDY.] 
    A municipality, as defined in Minnesota Statutes, section 
462.352, subdivision 2, may not adopt an ordinance after May 22, 
1993 and before August 1, 1994, that establishes setback 
requirements for manufactured homes in a manufactured home park 
if the ordinance would have the effect of prohibiting replacing 
a home in a park with a home approved by the department of 
housing and urban development manufactured to the manufactured 
home building code as defined in Minnesota Statutes, section 
327.31, subdivision 3. 
    Setback requirements adopted by ordinance by a municipality 
after April 1, 1991, are suspended and have no effect until 
August 1, 1994, if the setback requirements have the effect of 
prohibiting replacing a manufactured home in a manufactured home 
park with a home approved by the department of housing and urban 
development manufactured to the manufactured home building code 
as defined in Minnesota Statutes, section 327.31, subdivision 3. 
    Sec. 7.  [CORRECTION 13; AIRCRAFT PRIMER.] Minnesota 
Statutes 1992, section 115A.9651, as amended by 1993 H.F. No. 
287, section 25, is amended to read: 
    115A.9651 [TOXICS IN PRODUCTS; ENFORCEMENT.] 
    After July 1, 1994, no person may deliberately introduce 
lead, cadmium, mercury, or hexavalent chromium into any ink, 
dye, pigment, paint, or fungicide that is intended for use or 
for sale in this state.  
    Until July 1, 1997, this section does not apply to 
electrodeposition primer coating or primer coating used on 
aircraft, porcelain enamel coatings, medical devices, hexavalent 
chromium in the form of chromine acid when processed at a 
temperature of at least 750 degrees Fahrenheit, or ink used for 
computer identification markings. 
    This section does not apply to art supplies. 
    This section may be enforced under sections 115.071 and 
116.072.  The attorney general or the commissioner of the agency 
shall coordinate enforcement of this section with the director 
of the office. 
    Sec. 8.  [CORRECTION 16; ZONING; FIREARMS DEALERS.] 1993 
H.F. No. 1585, article 1, section 3, if enacted, is amended to 
read: 
    Sec. 3.  [471.635] [ZONING ORDINANCES.] 
    Notwithstanding section 471.633, a governmental subdivision 
may regulate by reasonable, nondiscriminatory, and nonarbitrary 
zoning ordinances, the location of businesses where firearms are 
sold by a firearms dealer.  For the purposes of this section, a 
firearms dealer is a person who is federally licensed to sell 
firearms and a governmental subdivision is an entity described 
in sections 471.633 and 471.634. 
    Sec. 9.  [CORRECTION 16; DRIVE-BY SHOOTING; VEHICLE 
FORFEITURE.] 1993 H.F. No. 1585, article 1, section 13, 
subdivision 1, if enacted, is amended to read:  
    Sec. 13.  [609.5318] [FORFEITURE OF VEHICLES USED IN 
DRIVE-BY SHOOTINGS.] 
    Subdivision 1.  [MOTOR VEHICLES SUBJECT TO FORFEITURE.] A 
motor vehicle is subject to forfeiture under this section if the 
prosecutor establishes by clear and convincing evidence that the 
vehicle was used in a violation of section 609.66, subdivision 
1e.  The prosecutor need not establish that any individual was 
convicted of the violation, but a conviction of the owner for a 
violation of section 609.66, subdivision 1e, creates a 
presumption that the device vehicle was used in the violation. 
    Sec. 10.  [CORRECTION 16; MACHINE GUNS AND SHORT-BARRELED 
SHOTGUNS.] Minnesota Statutes 1992, section 609.67, subdivision 
1, as amended by H.F. No. 1585, article 1, section 19, if 
enacted, is amended to read:  
    Subdivision 1.  [DEFINITIONS.] (a) "Machine gun" means any 
firearm designed to discharge, or capable of discharging 
automatically more than once by a single function of the trigger.
    (b) "Shotgun" means a weapon designed, redesigned, made or 
remade which is intended to be fired from the shoulder and uses 
the energy of the explosive in a fixed shotgun shell to fire 
through a smooth bore either a number of ball shot or a single 
projectile for each single pull of the trigger. 
    (c) "Short-barreled shotgun" means a shotgun having one or 
more barrels less than 18 inches in length and any weapon made 
from a shotgun if such weapon as modified has an overall length 
less than 26 inches. 
    (d) "Trigger activator" means a removable manual or power 
driven trigger activating device constructed and designed so 
that, when attached to a firearm, the rate at which the trigger 
may be pulled increases and the rate of fire of the firearm 
increases to that of a machine gun. 
    (e) "Machine gun conversion kit" means any part or 
combination of parts designed and intended for use in converting 
a weapon into a machine gun, and any combination of parts from 
which a machine gun can be assembled, but does not include a 
spare or replacement part for a machine gun that is possessed 
lawfully under section 609.67, subdivision 1 3. 
    Sec. 11.  [CORRECTION 16; PERSONS INELIGIBLE TO POSSESS 
PISTOLS OR CERTAIN SEMIAUTOMATIC WEAPONS.] Minnesota Statutes 
1992, section 624.713, subdivision 1, as amended by 1993 H.F. 
No. 1585, article 1, section 27, if enacted, is amended to read: 
    Subdivision 1.  [INELIGIBLE PERSONS.] The following persons 
shall not be entitled to possess a pistol or semiautomatic 
military-style assault weapon: 
    (a) a person under the age of 18 years except that a person 
under 18 may carry or possess a pistol or semiautomatic 
military-style assault weapon (i) in the actual presence or 
under the direct supervision of the person's parent or guardian, 
(ii) for the purpose of military drill under the auspices of a 
legally recognized military organization and under competent 
supervision, (iii) for the purpose of instruction, competition, 
or target practice on a firing range approved by the chief of 
police or county sheriff in whose jurisdiction the range is 
located and under direct supervision; or (iv) if the person has 
successfully completed a course designed to teach marksmanship 
and safety with a pistol or semiautomatic military-style assault 
weapon and approved by the commissioner of natural resources; 
    (b) a person who has been convicted in this state or 
elsewhere of a crime of violence unless ten years have elapsed 
since the person has been restored to civil rights or the 
sentence has expired, whichever occurs first, and during that 
time the person has not been convicted of any other crime of 
violence.  For purposes of this section, crime of violence 
includes crimes in other states or jurisdictions which would 
have been crimes of violence as herein defined if they had been 
committed in this state; 
    (c) a person who is or has ever been confined or committed 
in Minnesota or elsewhere as a "mentally ill," "mentally 
retarded," or "mentally ill and dangerous to the public" person 
as defined in section 253B.02, to a treatment facility, unless 
the person possesses a certificate of a medical doctor or 
psychiatrist licensed in Minnesota, or other satisfactory proof 
that the person is no longer suffering from this disability; 
    (d) a person who has been convicted in Minnesota or 
elsewhere of a misdemeanor or gross misdemeanor violation of 
chapter 152, or a person who is or has ever been hospitalized or 
committed for treatment for the habitual use of a controlled 
substance or marijuana, as defined in sections 152.01 and 
152.02, unless the person possesses a certificate of a medical 
doctor or psychiatrist licensed in Minnesota, or other 
satisfactory proof, that the person has not abused a controlled 
substance or marijuana during the previous two years; 
    (e) a person who has been confined or committed to a 
treatment facility in Minnesota or elsewhere as "chemically 
dependent" as defined in section 253B.02, unless the person has 
completed treatment.  Property rights may not be abated but 
access may be restricted by the courts; 
    (f) a peace officer who is informally admitted to a 
treatment facility pursuant to section 253B.04 for chemical 
dependency, unless the officer possesses a certificate from the 
head of the treatment facility discharging or provisionally 
discharging the officer from the treatment facility.  Property 
rights may not be abated but access may be restricted by the 
courts; 
    (g) a person who has been charged with committing a crime 
of violence and has been placed in a pretrial diversion program 
by the court before disposition, until the person has completed 
the diversion program and the charge of committing the crime of 
violence has been dismissed; or 
    (h) a person who has been convicted in another state of 
committing an offense similar to the offense described in 
section 609.224, subdivision 3, against a family or household 
member, unless three years have elapsed since the date of 
conviction and, during that time, the person has not been 
convicted of any other violation of section 609.224, subdivision 
3, or a similar law of another state. 
    A person who issues a certificate pursuant to this 
subdivision in good faith is not liable for damages resulting or 
arising from the actions or misconduct with a firearm committed 
by the individual who is the subject of the certificate. 
    Sec. 12.  [CORRECTION 16; EFFECTIVE DATE OF ARTICLE 1.] 
1993 H.F. No. 1585, article 1, section 35, if enacted, is 
amended to read: 
    Sec. 35.  [EFFECTIVE DATE.] 
    Sections 4 to 25 and 27 to 34 are effective August 1, 1993, 
and apply to crimes committed on or after that date.  Section 25 
26 is effective the day following final enactment.  
    Section 3 is effective the day following final enactment 
and only applies to zoning of future sites of business locations 
where firearms are sold by a firearms dealer. 
    Sec. 13.  [CORRECTION 16; TRESPASS.] Minnesota Statutes 
1992, section 609.605, subdivision 1, as amended by 1993 H.F. 
No. 1585, article 4, section 32, if enacted, is amended to read: 
    Subdivision 1.  [MISDEMEANOR.] (a) The following terms have 
the meanings given them for purposes of this section. 
    (i) "Premises" means real property and any appurtenant 
building or structure. 
    (ii) "Dwelling" means the building or part of a building 
used by an individual as a place of residence on either a 
full-time or a part-time basis.  A dwelling may be part of a 
multidwelling or multipurpose building, or a manufactured home 
as defined in section 168.011, subdivision 8. 
    (iii) "Construction site" means the site of the 
construction, alteration, painting, or repair of a building or 
structure. 
    (iv) "Owner or lawful possessor," as used in clause (8), 
means the person on whose behalf a building or dwelling is being 
constructed, altered, painted, or repaired and the general 
contractor or subcontractor engaged in that work. 
    (v) "Posted," as used in clause (8), means the placement of 
a sign at least 11 inches square in a conspicuous place on the 
exterior of the building that is under construction, alteration, 
or repair, and additional signs in at least two conspicuous 
places for each ten acres being protected.  The sign must carry 
an appropriate notice and the name of the person giving the 
notice, followed by the word "owner" if the person giving the 
notice is the holder of legal title to the land on which the 
construction site is located or by the word "occupant" if the 
person giving the notice is not the holder of legal title but is 
a lawful occupant of the land. 
    (vi) "Business licensee," as used in paragraph (b), clause 
(8) (9), includes a representative of a building trades labor or 
management organization. 
    (vii) "Building" has the meaning given in section 609.581, 
subdivision 2. 
    (b) A person is guilty of a misdemeanor if the person 
intentionally: 
    (1) permits domestic animals or fowls under the actor's 
control to go on the land of another within a city; 
    (2) interferes unlawfully with a monument, sign, or pointer 
erected or marked to designate a point of a boundary, line or a 
political subdivision, or of a tract of land; 
    (3) trespasses on the premises of another and, without 
claim of right, refuses to depart from the premises on demand of 
the lawful possessor; 
    (4) occupies or enters the dwelling or locked or posted 
building of another, without claim of right or consent of the 
owner or the consent of one who has the right to give consent, 
except in an emergency situation; 
    (5) enters the premises of another with intent to take or 
injure any fruit, fruit trees, or vegetables growing on the 
premises, without the permission of the owner or occupant; 
    (6) enters or is found on the premises of a public or 
private cemetery without authorization during hours the cemetery 
is posted as closed to the public; 
    (7) returns to the property of another with the intent to 
harass, abuse, or threaten another, after being told to leave 
the property and not to return, if the actor is without claim of 
right to the property or consent of one with authority to 
consent; 
    (8) returns to the property of another within 30 days after 
being told to leave the property and not to return, if the actor 
is without claim of right to the property or consent of one with 
authority to consent; or 
    (9) enters the locked or posted construction site of 
another without the consent of the owner or lawful possessor, 
unless the person is a business licensee. 
    Sec. 14.  [CORRECTION 16; EFFECTIVE DATE OF ARTICLE 4.] 
1993 H.F. No. 1585, article 4, section 41, if enacted, is 
amended to read:  
    Sec. 41.  [EFFECTIVE DATE.] 
    (a) Sections 1 to 9, and 11 to 39 are effective August 1, 
1993, and apply to crimes committed on or after that date.  
Section 40 is effective retroactive to April 30, 1992, and 
applies to cases pending on or after that date violations 
occurring on or after June 1, 1993. 
    (b) Section 10 is effective August 1, 1993, and applies to 
crimes committed on or after that date, but previous convictions 
occurring before that date may serve as the basis for enhancing 
penalties under section 10. 
    Sec. 15.  [CORRECTION 17; RETIREMENT.] 1993 H.F. No. 574, 
article 4, section 55, if enacted, is amended to read: 
    Sec. 55.  [EFFECTIVE DATE.] 
    Sections 1 to 18, 20, 22 to 24, 27 to 29, 31 to 33, 37, 38, 
40 to 44, 47 to 50, and 53 are effective July 1, 1993.  Section 
30 is effective January 1, 1993.  Sections 19, 21, 25, 26, 
34, 35, 36, 39, 45, 46, 51, and 54 are effective retroactively 
to October 16, 1992.  Section 52 is effective May 1, 1994. 
    Sec. 16.  [CORRECTION 19; HENNEPIN COUNTY FOSTER CARE 
REVIEW.] 
    1993 H.F. No. 1245, section 39, if enacted, takes effect 
the day after final enactment of this act. 
     Sec. 17.  [CORRECTION 6; RESIDENTIAL ROOFERS.] Minnesota 
Statutes 1992, section 116J.70, subdivision 2a, as amended by 
1993 H.F. No. 948, section 1, if enacted, 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) certified interior designers regulated pursuant to 
chapter 326; 
     (u) midwives regulated pursuant to chapter 148; 
     (v) morticians regulated pursuant to chapter 149; 
     (w) nursing home administrators regulated pursuant to 
chapter 144A; 
     (x) optometrists regulated pursuant to chapter 148; 
     (y) osteopathic physicians regulated pursuant to chapter 
147; 
     (z) pharmacists regulated pursuant to chapter 151; 
     (aa) physical therapists regulated pursuant to chapter 148; 
     (bb) physicians and surgeons regulated pursuant to chapter 
147; 
     (cc) plumbers regulated pursuant to chapter 326; 
     (dd) podiatrists regulated pursuant to chapter 153; 
     (ee) practical nurses regulated pursuant to chapter 148; 
    (ff) professional fund raisers regulated pursuant to 
chapter 309; 
     (gg) psychologists regulated pursuant to chapter 148; 
    (hh) real estate brokers, salespersons, and others 
regulated pursuant to chapters 82 and 83; 
    (ii) registered nurses regulated pursuant to chapter 148; 
    (jj) securities brokers, dealers, agents, and investment 
advisers regulated pursuant to chapter 80A; 
    (kk) steamfitters regulated pursuant to chapter 326; 
    (ll) teachers and supervisory and support personnel 
regulated pursuant to chapter 125; 
    (mm) veterinarians regulated pursuant to chapter 156; 
    (nn) water conditioning contractors and installers 
regulated pursuant to chapter 326; 
    (oo) water well contractors regulated pursuant to chapter 
156A; 
    (pp) water and waste treatment operators regulated pursuant 
to chapter 115; 
    (qq) motor carriers regulated pursuant to chapter 221; 
    (rr) professional corporations regulated pursuant to 
chapter 319A; 
    (ss) real estate appraisers regulated pursuant to chapter 
82B; 
    (tt) residential building contractors, residential 
remodelers, residential roofers, manufactured home installers, 
and specialty contractors regulated pursuant to chapter 326; 
    (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. 18.  [CORRECTION 6; RESIDENTIAL ROOFERS.] Minnesota 
Statutes 1992, section 326.83, subdivision 6, as amended by 1993 
H.F. No. 948, section 3, if enacted, is amended to read: 
    Subd. 6.  [PUBLIC MEMBER.] "Public member" means a person 
who is not, and never was, a residential building contractor, 
residential remodeler, residential roofer, or specialty 
contractor or the spouse of such person, or a person who has no, 
or never has had a, material financial interest in acting as a 
residential building contractor, residential remodeler, or 
specialty contractor or a directly related activity. 
    Sec. 19.  [CORRECTION 6; RESIDENTIAL ROOFERS.] Laws 1993, 
chapter 145, section 5, if enacted, is amended to read: 
    Sec. 5.  [326.842] [ROOFERS.] 
    Roofers are subject to all of the requirements of sections 
326.83 to 326.98 and 326.991, except the recovery fund in 
section 326.975. 
    Sec. 20.  [CORRECTION 7; DEFINITION OF FAMILIES: 
RESIDENTIAL LEAD PAINT DISPOSAL EFFECTIVE DATE.] Minnesota 
Statutes 1992, section 256D.02, subdivision 5, as amended by 
Laws 1993, chapter 225, article 6, section 27, if enacted, is 
amended to read: 
    Subd. 5.  "Family" means the applicant or recipient and the 
following persons who reside with the applicant or recipient:  
    (1) the applicant's spouse; 
    (2) any minor child of whom the applicant is a parent, 
stepparent, or legal custodian, and that child's minor siblings, 
including half-siblings and stepsiblings; 
    (3) the other parent of the applicant's minor child or 
children together with that parent's minor children, and, if 
that parent is a minor, his or her parents, stepparents, legal 
guardians, and minor siblings; and 
    (4) if the applicant or recipient is a minor, the minor's 
parents, stepparents, or legal guardians, and any other minor 
children for whom those parents, stepparents, or legal guardians 
are financially responsible.  
    For the period July 1, 1993, to June 30, 1995, a minor 
child who is temporarily absent from the applicant's or 
recipient's home due to placement in foster care paid for from 
state or local funds, but who is expected to return within six 
months of the month of departure, is considered to be residing 
with the applicant or recipient. 
    A "family" must contain at least one minor child and at 
least one of that child's natural or adoptive parents, 
stepparents, or legal custodians. 
    Sec. 21.  [CORRECTION 7.] Laws 1993, chapter 225, article 
9, section 76, if enacted, is amended to read: 
    Sec. 76.  [EFFECTIVE DATE.] 
    Sections 1, 13 to 17, 24 to 51, 71, 74, and 75, subdivision 
1, are effective the day following final enactment.  Section 60 
is effective July 1, 1995. 
    Sec. 22.  [CORRECTION 12; STATUTORY REFERENCES.] Minnesota 
Statutes 1992, section 256D.051, subdivision 6, as amended by 
1993 S.F. No. 1496, article 6, section 32, is amended to read: 
    Subd. 6.  [SERVICE COSTS.] The commissioner shall reimburse 
92 percent of county agency expenditures for providing work 
readiness services including direct participation expenses and 
administrative costs, except as provided in section 256.017. 
State work readiness funds shall be used only to pay the county 
agency's and work readiness service provider's actual costs of 
providing participant support services, direct program services, 
and program administrative costs for persons who participate in 
work readiness services.  Beginning July 1, 1991, the average 
annual reimbursable cost for providing work readiness services 
to a recipient for whom an individualized employability 
development plan is not completed must not exceed $60 for the 
work readiness services, and $223 for necessary recipient 
support services such as transportation or child care needed to 
participate in work readiness services.  If an individualized 
employability development plan has been completed, the average 
annual reimbursable cost for providing work readiness services 
must not exceed $283, except that the total annual average 
reimbursable cost shall not exceed $804 for recipients who 
participate in a pilot project work experience program under 
section 56 55, for all services and costs necessary to implement 
the plan, including the costs of training, employment search 
assistance, placement, work experience, on-the-job training, 
other appropriate activities, the administrative and program 
costs incurred in providing these services, and necessary 
recipient support services such as tools, clothing, and 
transportation needed to participate in work readiness 
services.  Beginning July 1, 1991, the state will reimburse 
counties, up to the limit of state appropriations, according to 
the payment schedule in section 256.025 for the county share of 
costs incurred under this subdivision on or after January 1, 
1991.  Payment to counties under this subdivision is subject to 
the provisions of section 256.017.  
    Sec. 23.  [CORRECTION 12; STATUTORY REFERENCE.] Minnesota 
Statutes 1992, section 256B.0913, subdivision 5, as amended by 
1993 S.F. No. 1496, article 5, section 63, is amended to read: 
    Subd. 5.  [SERVICES COVERED UNDER ALTERNATIVE CARE.] (a) 
Alternative care funding may be used for payment of costs of: 
    (1) adult foster care; 
    (2) adult day care; 
    (3) home health aide; 
    (4) homemaker services; 
    (5) personal care; 
    (6) case management; 
    (7) respite care; 
    (8) assisted living; 
    (9) residential care services; 
    (10) care-related supplies and equipment; 
    (11) meals delivered to the home; 
    (12) transportation; 
    (13) skilled nursing; 
    (14) chore services; 
    (15) companion services; 
    (16) nutrition services; and 
    (17) training for direct informal caregivers. 
    (b) The county agency must ensure that the funds are used 
only to supplement and not supplant services available through 
other public assistance or services programs. (c) Unless 
specified in statute, the service standards for alternative care 
services shall be the same as the service standards defined in 
the elderly waiver.  Persons or agencies must be employed by or 
under a contract with the county agency or the public health 
nursing agency of the local board of health in order to receive 
funding under the alternative care program. 
    (d) The adult foster care rate shall be considered a 
difficulty of care payment and shall not include room and 
board.  The adult foster care daily rate shall be negotiated 
between the county agency and the foster care provider.  The 
rate established under this section shall not exceed 75 percent 
of the state average monthly nursing home payment for the case 
mix classification to which the individual receiving foster care 
is assigned, and it must allow for other alternative care 
services to be authorized by the case manager. 
    (e) Personal care services may be provided by a personal 
care provider organization.  A county agency may contract with a 
relative of the client to provide personal care services, but 
must ensure nursing supervision.  Covered personal care services 
defined in section 256B.0627, subdivision 4, must meet 
applicable standards in Minnesota Rules, part 9505.0335. 
    (f) Costs for supplies and equipment that exceed $150 per 
item per month must have prior approval from the commissioner.  
A county may use alternative care funds to purchase supplies and 
equipment from a non-Medicaid certified vendor if the cost for 
the items is less than that of a Medicaid vendor. 
    (g) For purposes of this section, residential care services 
are services which are provided to individuals living in 
residential care homes.  Residential care homes are currently 
licensed as board and lodging establishments and are registered 
with the department of health as providing special services.  
Residential care services are defined as "supportive services" 
and "health-related services."  "Supportive services" means the 
provision of up to 24-hour supervision and oversight.  
Supportive services includes:  (1) transportation, when provided 
by the residential care center only; (2) socialization, when 
socialization is part of the plan of care, has specific goals 
and outcomes established, and is not diversional or recreational 
in nature; (3) assisting clients in setting up meetings and 
appointments; (4) assisting clients in setting up medical and 
social services; (5) providing assistance with personal laundry, 
such as carrying the client's laundry to the laundry room.  
Assistance with personal laundry does not include any laundry, 
such as bed linen, that is included in the room and board rate.  
Health-related services are limited to minimal assistance with 
dressing, grooming, and bathing and providing reminders to 
residents to take medications that are self-administered or 
providing storage for medications, if requested.  Individuals 
receiving residential care services cannot receive both personal 
care services and residential care services.  
    (h) For the purposes of this section, "assisted living" 
refers to supportive services provided by a single vendor to 
clients who reside in the same apartment building of three or 
more units.  Assisted living services are defined as up to 
24-hour supervision, and oversight, supportive services as 
defined in clause (1), individualized home care aide tasks as 
defined in clause (2), and individualized home management tasks 
as defined in clause (3) provided to residents of a residential 
center living in their units or apartments with a full kitchen 
and bathroom.  A full kitchen includes a stove, oven, 
refrigerator, food preparation counter space, and a kitchen 
utensil storage compartment.  Assisted living services must be 
provided by the management of the residential center or by 
providers under contract with the management or with the county. 
    (1) Supportive services include:  
    (i) socialization, when socialization is part of the plan 
of care, has specific goals and outcomes established, and is not 
diversional or recreational in nature; 
    (ii) assisting clients in setting up meetings and 
appointments; and 
    (iii) providing transportation, when provided by the 
residential center only.  
    Individuals receiving assisted living services will not 
receive both assisted living services and homemaking or personal 
care services.  Individualized means services are chosen and 
designed specifically for each resident's needs, rather than 
provided or offered to all residents regardless of their 
illnesses, disabilities, or physical conditions.  
    (2) Home care aide tasks means:  
    (i) preparing modified diets, such as diabetic or low 
sodium diets; 
    (ii) reminding residents to take regularly scheduled 
medications or to perform exercises; 
    (iii) household chores in the presence of technically 
sophisticated medical equipment or episodes of acute illness or 
infectious disease; 
    (iv) household chores when the resident's care requires the 
prevention of exposure to infectious disease or containment of 
infectious disease; and 
    (v) assisting with dressing, oral hygiene, hair care, 
grooming, and bathing, if the resident is ambulatory, and if the 
resident has no serious acute illness or infectious disease.  
Oral hygiene means care of teeth, gums, and oral prosthetic 
devices.  
    (3) Home management tasks means:  
    (i) housekeeping; 
    (ii) laundry; 
    (iii) preparation of regular snacks and meals; and 
    (iv) shopping.  
    A person's eligibility to reside in the building must not 
be contingent on the person's acceptance or use of the assisted 
living services.  Assisted living services as defined in this 
section shall not be authorized in boarding and lodging 
establishments licensed according to sections 157.01 to 157.031. 
    Reimbursement for assisted living services and residential 
care services shall be made by the lead agency to the vendor as 
a monthly rate negotiated with the county agency.  The rate 
shall not exceed the nonfederal share of the greater of either 
the statewide or any of the geographic groups' weighted average 
monthly medical assistance nursing facility payment rate of the 
case mix resident class to which the 180-day eligible client 
would be assigned under Minnesota Rules, parts 9549.0050 to 
9549.0059, except for alternative care assisted living projects 
established under chapter Laws 1988, chapter 689, article 2, 
section 256, whose rates may not exceed 65 percent of either the 
statewide or any of the geographic groups' weighted average 
monthly medical assistance nursing facility payment rate of the 
case mix resident class to which the 180-day eligible client 
would be assigned under Minnesota Rules, parts 9549.0050 to 
9549.0059.  The rate may not cover rent and direct food costs. 
    (i) For purposes of this section, companion services are 
defined as nonmedical care, supervision and oversight, provided 
to a functionally impaired adult.  Companions may assist the 
individual with such tasks as meal preparation, laundry and 
shopping, but do not perform these activities as discrete 
services.  The provision of companion services does not entail 
hands-on medical care.  Providers may also perform light 
housekeeping tasks which are incidental to the care and 
supervision of the recipient.  This service must be approved by 
the case manager as part of the care plan.  Companion services 
must be provided by individuals or nonprofit organizations who 
are under contract with the local agency to provide the 
service.  Any person related to the waiver recipient by blood, 
marriage or adoption cannot be reimbursed under this service.  
Persons providing companion services will be monitored by the 
case manager. 
    (j) For purposes of this section, training for direct 
informal caregivers is defined as a classroom or home course of 
instruction which may include:  transfer and lifting skills, 
nutrition, personal and physical cares, home safety in a home 
environment, stress reduction and management, behavioral 
management, long-term care decision making, care coordination 
and family dynamics.  The training is provided to an informal 
unpaid caregiver of a 180-day eligible client which enables the 
caregiver to deliver care in a home setting with high levels of 
quality.  The training must be approved by the case manager as 
part of the individual care plan.  Individuals, agencies, and 
educational facilities which provide caregiver training and 
education will be monitored by the case manager. 
    Sec. 24.  [CORRECTION 14; NURSERY STOCK EXEMPT SALES.] Laws 
1993, chapter 138, section 3, is amended to read: 
    Sec. 3.  [18.525] [EXEMPT SALES.] 
    An organization does not need to obtain a nursery stock 
dealer certificate before offering certified nursery stock for 
sale or distribution if the organization: 
    (1) is a nonprofit charitable, educational, or religious 
organization; 
    (2) conducts sales or distributions of certified nursery 
stock on ten 14 or fewer days in a calendar year; and 
    (3) uses the proceeds from its certified nursery stock 
sales or distributions for charitable, educational, or religious 
purposes. 
    Sec. 25.  [CORRECTION 20; P.E.R.A., RAMSEY COUNTY, 
CONTRIBUTIONS FOR AUTHORIZED LEAVES OF ABSENCE.] Laws 1993, 
chapter 207, section 1, subdivision 1, is amended to read: 
    Subdivision 1.  [ELECTION AUTHORIZATION.] Notwithstanding 
the one-year time limitation for payments for a period of an 
authorized leave of absence without pay under Minnesota 
Statutes, section 353.01, subdivision 16, paragraph (c), an 
employee of Ramsey county who was born on October 13, 1941, may 
elect to make a payment in lieu of salary deductions for periods 
of authorized leave of absence without pay occurring from 
September 10, 1990, to October 29, 1990, and from February 12, 
1991, to June 2 August 31, 1991. 
    Sec. 26.  [CORRECTION 21; MINNESOTACARE.] Minnesota 
Statutes 1992, section 256.9353, subdivision 1, as amended by 
1993 H.F. No. 1178, article 9, section 3, if enacted, is amended 
to read: 
    Subdivision 1.  [COVERED HEALTH SERVICES.] "Covered health 
services" means the health services reimbursed under chapter 
256B, with the exception of inpatient hospital services, special 
education services, private duty nursing services, adult dental 
care services other than preventive services, orthodontic 
services, medical transportation services, personal care 
assistant and case management services, hospice care services, 
nursing home or intermediate care facilities services, inpatient 
mental health services, and chemical dependency services.  
Outpatient mental health services covered under the health right 
plan are limited to diagnostic assessments, psychological 
testing, explanation of findings, medication management by a 
physician, day treatment, partial hospitalization, and 
individual, family, and group psychotherapy.  Covered health 
services shall be expanded as provided in this section. 
    Sec. 27.  [CORRECTION 22; CHILD WELFARE TARGETED CASE 
MANAGEMENT.] Minnesota Statutes 1992, section 256B.0625, 
subdivision 32, as added to section 256B.0625 by 1993 S.F. No. 
1496, article 3, section 23, if enacted, is amended to read: 
    Subd. 32.  [CHILD WELFARE TARGETED CASE MANAGEMENT.] 
Medical assistance, subject to federal approval, covers child 
welfare targeted case management services as defined in section 
256B.094 to children under age 21 who have been assessed and 
determined in accordance with section 256F.10 256F.095 to be:  
    (1) at risk of placement or in placement as defined in 
section 257.071, subdivision 1; 
    (2) at risk of maltreatment or experiencing maltreatment as 
defined in section 626.556, subdivision 10e; or 
    (3) in need of protection or services as defined in section 
260.015, subdivision 2a. 
    Sec. 28.  [CORRECTION 25; MINNESOTACARE.] Minnesota 
Statutes 1992, section 124C.62, subdivision 1, as amended by 
1993 H.F. No. 1178, article 11, section 1, if enacted, is 
amended to read: 
    Subdivision 1.  [SUMMER INTERNSHIPS.] The commissioner of 
education health, through a contract with a nonprofit 
organization as required by subdivision 4, shall award grants to 
hospitals and clinics to establish a summer health care intern 
program.  The purpose of the program is to expose interested 
high school pupils to various careers within the health care 
profession. 
    Sec. 29.  [CORRECTION 25; REVISOR INSTRUCTION.] The revisor 
shall recodify Minnesota Statutes 1992, section 124C.62, as 
corrected by correction 25, into Minnesota Statutes, chapter 144.
    Sec. 30.  [CORRECTION 26; LOCAL APPROVAL.] Section 17 of 
S.F. 429 is effective on approval by the Hibbing city council 
and compliance with Minnesota Statutes, section 645.021. 
    Sec. 31.  [EFFECTIVE DATE.] 
    If not otherwise provided, the sections of this act that 
amend provisions of law passed during the 1993 session of the 
legislature take effect at the same time that the provisions 
that they amend take effect. 
    Presented to the governor May 20, 1993 
    Signed by the governor May 24, 1993, 5:46 p.m.