Office of the Revisor of Statutes
Minnesota Session Laws - 1994, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 465-H.F.No. 3091
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conflicting, and superseded provisions; making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
17.47, subdivision 3; 41A.05, subdivision 2; 60B.04,
subdivision 1; 60B.09, subdivisions 1 and 3; 115.41,
subdivisions 1 and 2; 115.42; 115.43, subdivision 2;
115.44, subdivision 2; 115.45, subdivision 1; 115.50;
115.52; 115.53; 120.101, subdivisions 2 and 6; 121.88,
subdivision 8; 125.611, subdivision 1; 136.24,
subdivision 1; 136.622, subdivision 1; 152.02,
subdivisions 9, 12, and 13; 160.265; 169.443,
subdivision 8; 214.01, subdivision 3; 214.13,
subdivision 1; 237.60, subdivision 2; 256D.06,
subdivision 1b; 260.151, subdivision 1; 299C.61,
subdivision 4; 309.53, subdivision 2; 326.212;
326.224; 326.461, subdivision 1; 327.32, subdivision
8; 327.33; 327.34, subdivision 1; 331A.06, subdivision
4; 348.13; 352.119, subdivision 1; 386.61, by adding a
subdivision; 423B.12; 446A.07, subdivision 6; 449.06;
469.174, subdivision 10; 469.181, subdivision 1; and
471A.11; Minnesota Statutes 1993 Supplement, sections
16B.06, subdivision 2a; 16B.122, subdivision 3;
62A.31, subdivision 1n; 62N.075; 82.195, subdivision
2; 115A.542; 115C.082, subdivision 1; 124.195,
subdivision 8; 138.96, subdivision 2; 144.991,
subdivisions 3 and 4; 152.11, subdivision 1; 169.121,
subdivision 1c; 214.103, subdivision 6; 245A.04,
subdivision 3b; 256D.44, subdivision 3; 257.67,
subdivision 3; 268.92, subdivision 1; 296.035;
325F.755, subdivision 5; 326.111, subdivision 4;
326.975, subdivision 2; 349.217, subdivision 1;
386.66; 491A.01, subdivision 3; 549.09, subdivision 1;
609.5312, subdivision 3; 609.605, subdivision 1;
609.749, subdivision 5; and Laws 1992, chapter 513,
article 4, section 60; repealing Minnesota Statutes
1992, sections 216B.164, subdivision 7; 385.08; and
473.872; Laws 1977, chapter 11, section 8; Laws 1982,
chapter 514, sections 18 and 19; Laws 1983, chapter
247, section 130; Laws 1984, chapter 628, article 2,
section 4; Laws 1985, First Special Session chapters
9, article 2, sections 81 and 82; 13, section 191; and
14, article 9, section 16; Laws 1987, chapters 197,
section 1; 315, section 4, subdivision 2; and 336,
section 35; Laws 1988, chapters 441, section 2; 486,
sections 15 and 68; 496, section 8; 514, section 5;
and 636, section 3; Laws 1989, chapters 89, sections 1
(in part) and 13; 133, section 1; 144, article 2,
section 8; 209, article 2, sections 8 and 34; 222,
sections 10, 21, 22, and 36; 271, section 32; 282,
article 2, sections 144 and 186; 293, section 74; 319,
article 13, sections 22 and 55; 329, article 5,
section 10; 334, article 2, section 17; 335, article
1, sections 200 and 255; 353, section 10; and 356,
section 18; Laws 1990, chapters 426, article 1,
sections 5 and 32; 480, articles 5, sections 6 and 9;
and 9, section 3; 512, section 12; 562, article 10,
section 1; 571, section 39; 574, section 5; and 594,
article 3, sections 6 and 7; Laws 1991, chapters 58,
sections 1, 2, 3, 4, 5, 6, 7, and 8; 130, section 24;
174, section 8; 199, article 1, section 71; 238,
article 1, section 7; 265, article 4, section 19; 292,
article 4, section 45; 306, section 26; 336, article
2, section 2; 340, sections 1 and 32; and 345, article
2, section 46; Laws 1992, chapters 432, article 2,
section 41; 437, section 1; and 499, article 6,
section 15; Laws 1993, chapters 4, section 9; 47,
sections 1, 4, 6, and 9; 78, section 3; 101, section
1; 224, article 13, sections 3 and 43; 247, articles
1, section 11; and 2, section 9; 269, section 17; 286,
sections 2 and 21; 303, sections 15, 17, and 18; 339,
section 12; and 369, sections 38 and 128; Laws 1993,
First Special Session chapter 1, article 2, section 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
MISCELLANEOUS CORRECTIONS
Section 1. Minnesota Statutes 1993 Supplement, section
16B.122, subdivision 3, is amended to read:
Subd. 3. [PUBLIC ENTITY PURCHASING.] (a) Notwithstanding
section 365.37, 375.21, 412.331 412.311, or 473.705, a public
entity may purchase recycled materials when the price of the
recycled materials does not exceed the price of nonrecycled
materials by more than ten percent. In order to maximize the
quantity and quality of recycled materials purchased, a public
entity also may use other appropriate procedures to acquire
recycled materials at the most economical cost to the public
entity.
(b) When purchasing commodities and services, a public
entity shall apply and promote the preferred waste management
practices listed in section 115A.02, with special emphasis on
reduction of the quantity and toxicity of materials in waste. A
public entity, in developing bid specifications, shall consider
the extent to which a commodity or product is durable, reusable,
or recyclable and marketable through the applicable local or
regional recycling program and the extent to which the commodity
or product contains postconsumer material.
Sec. 2. Minnesota Statutes 1993 Supplement, section
62A.31, subdivision 1n, is amended to read:
Subd. 1n. [TERMINATION OF COVERAGE.] Termination by an
issuer of a Medicare supplement policy or certificate shall be
without prejudice to any continuous loss that began while the
policy or certificate was in force, but the extension of
benefits beyond the period during which the policy or
certificate was in force may be conditioned on the continuous
total disability of the insured, limited to the duration of the
policy or certificate benefit period, if any, or payment of the
maximum benefits. The extension of benefits does not apply when
the termination is based on fraud, misrepresentation, or
nonpayment of premium. An issuer may discontinue the
availability of a policy form or certificate form if the issuer
provides to the commissioner in writing its decision at least 30
days before discontinuing the availability of the form of the
policy or certificate. An issuer that discontinues the
availability of a policy form or certificate form shall not file
for approval a new policy form or certificate form of the same
type for the same Medicare supplement benefit plan as the
discontinued form for five years after the issuer provides
notice to the commissioner of the discontinuance. The period of
discontinuance may be reduced if the commissioner determines
that a shorter period is appropriate. The sale or other
transfer of Medicare supplement business to another issuer shall
be considered a discontinuance for the purposes of this
section. A change in the rating structure or methodology shall
be considered a discontinuance under this section unless the
issuer complies with the following requirements:
(1) the issuer provides an actuarial memorandum, in a form
and manner prescribed by the commissioner, describing the manner
in which the revised rating methodology and resulting rates
differ from the existing rating methodology and resulting rates;
and
(2) the issuer does not subsequently put into effect a
change of rates or rating factors that would cause the
percentage differential between the discontinued and subsequent
rates as described in the actuarial memorandum to change. The
commissioner may approve a change to the differential that is in
the public interest.
Sec. 3. Minnesota Statutes 1993 Supplement, section
62N.075, is amended to read:
62N.075 [COVERED SERVICES.]
(a) An integrated service network must provide to each
person enrolled a set of appropriate and necessary health
services. For purposes of this chapter, "appropriate and
necessary" means services needed to maintain the enrollee in
good health including as a minimum, but not limited to,
emergency care, inpatient hospital and physician care,
outpatient health services, and preventive health services. The
commissioner may modify this definition to reflect changes in
community standards, development of practice parameters, new
technology assessments, and other medical innovations. These
services must be delivered by authorized practitioners acting
within their scope of practice. An integrated service network
is not responsible for health services that are not appropriate
and necessary.
(b) A network may define benefit levels through the use of
consumer cost sharing but remains financially accountable for
the cost of the set of required health services.
(c) A network may offer any Medicare supplement, Medicare
select, or other Medicare-related product otherwise permitted
for any type of health carrier in this state. Each
Medicare-related product may be offered only in full compliance
with the requirements in chapters 62A, 62D, and 62E that apply
to that category of product.
(d) Networks must comply with all continuation and
conversion of coverage requirements applicable to health
maintenance organizations under state or federal law.
(e) Networks must comply with sections 62A.047, 62A.27, and
any other coverage of newborn infants, dependent children who do
not reside with a covered person, handicapped children and
dependents, and adopted children. A network providing dependent
coverage must comply with section 62A.302.
(f) Networks must comply with the equal access requirements
of section 62A.15, subdivision 2.
Sec. 4. Minnesota Statutes 1993 Supplement, section
82.195, subdivision 2, is amended to read:
Subd. 2. [CONTENTS.] All listing agreements must be in
writing and must include:
(1) a definite expiration date;
(2) a description of the real property involved;
(3) the list price and any terms required by the seller;
(4) the amount of any compensation or commission or the
basis for computing the commission;
(5) a clear statement explaining the events or conditions
that will entitle a broker to a commission;
(6) information regarding an override clause, if
applicable, including a statement to the effect that the
override clause will not be effective unless the licensee
supplies the seller with a protective list within 72 hours after
the expiration of the listing agreement;
(7) the following notice in not less than ten point
boldface type immediately preceding any provision of the listing
agreement relating to compensation of the licensee:
"NOTICE: THE COMMISSION RATE FOR THE SALE, LEASE, RENTAL,
OR MANAGEMENT OF REAL PROPERTY SHALL BE DETERMINED BETWEEN EACH
INDIVIDUAL BROKER AND ITS CLIENT.";
(8) if the broker chooses to represent both buyers and
sellers in connection with residential property transactions, a
"dual agency" disclosure statement;
(9) a notice requiring the seller to indicate in writing
whether it is acceptable to the seller to have the licensee
arrange for closing services or whether the seller wishes to
arrange for others to conduct the closing. The notice must also
include the disclosure of any controlled business arrangement,
as the term is defined in United States Code, title 12, section
1602 2602, between the licensee and the real estate closing
agent through which the licensee proposes to arrange closing
services; and
(10) for residential listings, a notice stating that after
the expiration of the listing agreement, the seller will not be
obligated to pay the licensee a fee or commission if the seller
has executed another valid listing agreement pursuant to which
the seller is obligated to pay a fee or commission to another
licensee for the sale, lease, or exchange of the real property
in question. This notice may be used in the listing agreement
for any other type of real estate.
Sec. 5. Minnesota Statutes 1992, section 115.41,
subdivision 1, is amended to read:
Subdivision 1. [APPLICABILITY.] The definitions given in
this section shall obtain for the purposes of Laws 1963, chapter
874 sections 115.41 to 115.54, except as otherwise expressly
provided or indicated by the context.
Sec. 6. Minnesota Statutes 1992, section 115.41,
subdivision 2, is amended to read:
Subd. 2. [ADDITIONAL TERMS.] The definitions given in
Minnesota Statutes 1961, section 115.01, as now in force or
hereby or hereafter amended, shall govern for the purposes of
Laws 1963, chapter 874 sections 115.41 to 115.54, except as
otherwise expressly provided or indicated by the context.
Sec. 7. Minnesota Statutes 1992, section 115.42, is
amended to read:
115.42 [POLICY; LONG-RANGE PLAN; PURPOSE.]
It is the policy of the state to provide for the
prevention, control, and abatement of pollution of all waters of
the state, so far as feasible and practical, in furtherance of
conservation of such waters and protection of the public health
and in furtherance of the development of the economic welfare of
the state. The agency shall prepare a long-range plan and
program for the effectuation of said policy, and shall make a
report of progress thereon to the legislature by November 15 of
each even numbered year, with recommendations for action in
furtherance of such program during the ensuing biennium. It is
the purpose of Laws 1963, chapter 874, sections 115.41 to 115.54
to safeguard the waters of the state from pollution by: (a)
preventing any new pollution; and (b) abating pollution existing
when Laws 1963, chapter 874, sections 115.41 to 115.54 become
effective, under a program consistent with the declaration of
policy above stated.
Sec. 8. Minnesota Statutes 1992, section 115.43,
subdivision 2, is amended to read:
Subd. 2. Acting within the scope of the policy and
purposes of Laws 1963, chapter 874 sections 115.41 to 115.54,
the agency may adopt, promulgate, amend, or rescind rules in the
manner provided by law, as may be necessary or proper to carry
into effect the provisions of Laws 1963, chapter 874 sections
115.41 to 115.54.
Sec. 9. Minnesota Statutes 1992, section 115.44,
subdivision 2, is amended to read:
Subd. 2. In order to attain the objectives of Laws 1963,
chapter 874 sections 115.41 to 115.54, the agency after proper
study, and after conducting public hearing upon due notice,
shall, as soon as practicable, group the designated waters of
the state into classes, and adopt classifications and standards
of purity and quality therefor. Such classification shall be
made in accordance with considerations of best usage in the
interest of the public and with regard to the considerations
mentioned in subdivision 3 hereof.
Sec. 10. Minnesota Statutes 1992, section 115.45,
subdivision 1, is amended to read:
Subdivision 1. It is the duty of every person affected to
comply with the provisions of Laws 1963, chapter 874, and of
Minnesota Statutes, sections 115.01 to 115.09 and 115.41 to
115.54, comprising the state water pollution control act, as now
in force or hereafter amended, and all rules, orders, and
permits adopted or issued by the agency thereunder, and to do
and perform all acts and things within that person's power
required to effectuate, carry out, and accomplish the purposes
of such provisions, rules, orders, and permits.
Sec. 11. Minnesota Statutes 1992, section 115.50, is
amended to read:
115.50 [TOWNS, POWERS TO ACT.]
For the purposes of carrying out the policy and purposes of
Laws 1963, chapter 874, and of Minnesota Statutes, sections
115.01 to 115.09 and 115.41 to 115.54, there is hereby conferred
upon all towns of this state the power and authority to
construct, install, acquire, maintain and operate disposal
systems and parts thereof, and to levy taxes, and special
assessments, to issue bonds and to do all other things necessary
or convenient for such construction, installation, acquisition,
maintenance and operation in the same manner and extent and
subject to the same limitations as statutory cities.
Sec. 12. Minnesota Statutes 1992, section 115.52, is
amended to read:
115.52 [SEVERABILITY.]
The provisions of Laws 1963, chapter 874 sections 115.41 to
115.54 shall be severable and the invalidity of any section or
subdivision or part thereof shall not make void any other
section or subdivision or part thereof.
Sec. 13. Minnesota Statutes 1992, section 115.53, is
amended to read:
115.53 [MODIFICATION OF CLASSIFICATION OR STANDARDS.]
In any case where the agency has heretofore adopted and
established a classification or standards for any waters as then
provided by law, the agency, at any hearing held pursuant to the
provisions of this section for the purpose of modification,
alteration, or amendment of such classification or standards or
the adoption and establishment of any classification or
standards for the same waters or any part thereof as required by
Laws 1963, chapter 874 sections 115.41 to 115.54, may receive
and consider for any such purpose any testimony received at such
previous hearing, as reported in the stenographic transcript
thereof, and any exhibits received at such previous hearing,
which are relevant, with like force and effect and subject to
like objections, if any, as if such testimony or exhibits had
been produced at the hearing hereunder, together with any
further testimony or exhibits which may be submitted and
received at the hearing hereunder.
Sec. 14. Minnesota Statutes 1993 Supplement, section
115A.542, is amended to read:
115A.542 [COMPOSTING PROJECT GRANTS.]
The director of the office of waste management shall award
grants to optimize operations at mixed municipal solid waste
composting facilities owned by multicounty project boards.
Before awarding a grant under this section, the directors
director of the offices office of waste management and the
commissioner of the pollution control agency must approve a
facility optimization plan submitted by the multicounty project
board. The plan must include a financial and technical
feasibility analysis.
Sec. 15. Minnesota Statutes 1992, section 136.24,
subdivision 1, is amended to read:
Subdivision 1. [PROPRIETARY PURCHASES.] Technical
educational equipment may be procured for the state universities
on request of the state university board either by brand
designation or in accordance with standards and specifications
the board may promulgate, notwithstanding the competitive
bidding requirements of chapter 16B to the contrary. The
procurement is still subject to supervision by the office of
information systems management policy office under section
16B.41.
Sec. 16. Minnesota Statutes 1992, section 136.622,
subdivision 1, is amended to read:
Subdivision 1. [PROPRIETARY PURCHASES.] Technical
educational equipment may be procured for the state community
colleges on request of the state board for community colleges
either by brand designation or in accordance with standards and
specifications the board may promulgate, notwithstanding the
competitive bidding requirements of chapter 16B. The
procurement is still subject to supervision by the office of
information systems management policy office under section
16B.41.
Sec. 17. Minnesota Statutes 1993 Supplement, section
138.96, subdivision 2, is amended to read:
Subd. 2. [COOPERATION.] The historical society shall
coordinate collecting activities relating to this act section
with other Minnesota archives and libraries.
Sec. 18. Minnesota Statutes 1993 Supplement, section
144.991, subdivision 3, is amended to read:
Subd. 3. [CORRECTIVE ORDER.] (a) The commissioner may
issue an order assessing a penalty and requiring the violations
cited in the order to be corrected within 30 calendar days from
the date the order is received.
(b) The person to whom the order was issued shall provide
information to the commissioner before the 31st day after the
order was received demonstrating that the violation has been
corrected or that the person has developed a corrective plan
acceptable to the commissioner. The commissioner shall
determine whether the violation has been corrected and notify
the person subject to the order of the commissioner's
determination.
Sec. 19. Minnesota Statutes 1993 Supplement, section
144.991, subdivision 4, is amended to read:
Subd. 4. [PENALTY.] (a) Except as provided in paragraph
(b), if the commissioner determines that the violation has been
corrected or the person to whom the order was issued has
developed a corrective plan acceptable to the commissioner, the
penalty must be forgiven. Unless the person requests review of
the order under subdivision 5 before the penalty is due, the
penalty in the order is due and payable:
(1) on the 31st day after the order was received, if the
person subject to the order fails to provide information to the
commissioner showing that the violation has been corrected or
that appropriate steps have been taken toward correcting the
violation; or
(2) on the 20th day after the person receives the
commissioner's determination under paragraph (b), if the person
subject to the order has provided information to the
commissioner that the commissioner determines is not sufficient
to show the violation has been corrected or that appropriate
steps have been taken toward correcting the violation.
(b) For repeated or serious violations, the commissioner
may issue an order with a penalty that will not be forgiven
after the corrective action is taken. The penalty is due by 31
days after the order was received unless review of the order
under subdivision 5 has been sought.
(c) Interest at the rate established in section 549.09
begins to accrue on penalties under this subdivision on the 31st
day after the order with the penalty was received.
Sec. 20. Minnesota Statutes 1992, section 152.02,
subdivision 9, is amended to read:
Subd. 9. The state board of pharmacy may by rule except
any compound, mixture, or preparation containing any stimulant
or depressant substance listed in subdivision 4, clauses (1) and
(2) or in subdivisions 5 and 6 from the application of all or
any part of Laws 1971, this chapter 937, if the compound,
mixture, or preparation contains one or more active medicinal
ingredients not having a stimulant or depressant effect on the
central nervous system; provided, that such admixtures shall be
included therein in such combinations, quantity, proportion, or
concentration as to vitiate the potential for abuse of the
substances which do have a stimulant or depressant effect on the
central nervous system.
Sec. 21. Minnesota Statutes 1992, section 152.02,
subdivision 12, is amended to read:
Subd. 12. If any substance is designated, rescheduled, or
deleted as a controlled substance under federal law and notice
thereof is given to the state board of pharmacy, the state board
of pharmacy shall similarly control the substance under Laws
1973, this chapter 693, after the expiration of 30 days from
publication in the Federal Register of a final order designating
a substance as a controlled substance or rescheduling or
deleting a substance. Such order shall be filed pursuant to
section 14.38. If within that 30-day period, the state board of
pharmacy objects to inclusion, rescheduling, or deletion, it
shall publish the reasons for objection and afford all
interested parties an opportunity to be heard. At the
conclusion of the hearing, the state board of pharmacy shall
publish its decision, which shall be subject to the provisions
of Minnesota Statutes 1971, chapter 15 14.
In exercising the authority granted by Laws 1971, this
chapter 937, the state board of pharmacy shall be subject to the
provisions of Minnesota Statutes 1969, chapter 15 14. The state
board of pharmacy shall provide copies of any proposed rule
under Laws 1971, this chapter 937, to the advisory council on
controlled substances at least 30 days prior to any hearing
required by section 14.14, subdivision 1. The state board of
pharmacy shall consider the recommendations of the advisory
council on controlled substances, which may be made prior to or
at the hearing.
Sec. 22. Minnesota Statutes 1992, section 152.02,
subdivision 13, is amended to read:
Subd. 13. The state board of pharmacy shall study the
implementation of Laws 1971, this chapter 937 in relation to the
problems of drug abuse in Minnesota and shall report to the
legislature annually on or before December 1, their
recommendations concerning amendments to Laws 1971, this chapter
937.
Sec. 23. Minnesota Statutes 1993 Supplement, section
152.11, subdivision 1, is amended to read:
Subdivision 1. No person may dispense a controlled
substance included in Schedule II of section 152.02 without a
prescription written by a doctor of medicine, a doctor of
osteopathy licensed to practice medicine, a doctor of dental
surgery, a doctor of dental medicine, a doctor of podiatry, or a
doctor of veterinary medicine, lawfully licensed to prescribe in
this state and having a current federal drug enforcement
administration registration number. Provided that in emergency
situations, as authorized by federal law, such drug may be
dispensed upon oral prescription reduced promptly to writing and
filed by the pharmacist. Such prescriptions shall be retained
in conformity with section 152.101. No prescription for a
Schedule II substance may be refilled.
For the purposes of Laws 1971, this chapter 937, a written
prescription or oral prescription, which shall be reduced to
writing, for a controlled substance in schedule II, III, IV or V
is void unless (1) it is written in ink and contains the name
and address of the person for whose use it is intended; (2) it
states the amount of the controlled substance to be compounded
or dispensed, with directions for its use; (3) if a written
prescription, it contains the signature, address and federal
registry number of the prescriber and a designation of the
branch of the healing art pursued by the prescriber; and if an
oral prescription, the name and address of the prescriber and a
designation of the prescriber's branch of the healing art; and
(4) it shows the date when signed by the prescriber, or the date
of acceptance in the pharmacy if an oral prescription. Every
licensed pharmacist who compounds any such prescription shall
retain such prescription in a file for a period of not less than
two years, open to inspection by any officer of the state,
county, or municipal government, whose duty it is to aid and
assist with the enforcement of this chapter. Every such
pharmacist shall distinctly label the container with the
directions contained in the prescription for the use thereof.
Sec. 24. Minnesota Statutes 1993 Supplement, section
169.121, subdivision 1c, is amended to read:
Subd. 1c. [CONDITIONAL RELEASE.] A person charged with
violating subdivision 1 within ten years of the first of three
prior impaired driving convictions or within the person's
lifetime after four or more prior impaired driving convictions
may be released from detention only upon the following
conditions unless maximum bail is imposed:
(1) the impoundment of the registration plates of the
vehicle used to commit the violation occurred, unless already
impounded;
(2) a requirement that the alleged violator report weekly
to a probation agent;
(3) a requirement that the alleged violator abstain from
consumption of alcohol and controlled substances and submit to
random, weekly alcohol tests or urine analyses; and
(4) a requirement that, if convicted, the alleged violator
reimburse the court or county for the total cost of these
services.
Sec. 25. Minnesota Statutes 1992, section 169.443,
subdivision 8, is amended to read:
Subd. 8. [USE FOR RECREATIONAL OR EDUCATIONAL ACTIVITY.] A
school bus that transports over regular routes and on regular
schedules persons age 18 or under to and from a regularly
scheduled recreational or educational activity must comply with
subdivisions 1 and 7. Notwithstanding section 169.441,
subdivision 3, a school bus may provide such transportation only
if (1) the "school bus" sign required by section 169.443
169.441, subdivision 3, is plainly visible; (2) the school bus
has a valid certificate of inspection under section 169.451; (3)
the driver of the school bus possesses a driver's license with a
valid school bus endorsement under section 171.10; and (4) the
entity that organizes the recreational or educational activity,
or the contractor who provides the school buses to the entity,
consults with the superintendent of the school district in which
the activity is located or the superintendent's designee on the
safety of the regular routes used.
Sec. 26. Minnesota Statutes 1993 Supplement, section
214.103, subdivision 6, is amended to read:
Subd. 6. [ATTEMPTS AT RESOLUTION.] (a) At any time after
receipt of a complaint, the executive director or the designated
board member may attempt to resolve the complaint with the
regulated person. The available means for resolution include a
conference or any other written or oral communication with the
regulated person. A conference may be held for the purposes of
investigation, negotiation, education, or conciliation. The
results of attempts at resolution with the regulated person may
include a recommendation to the board for disciplinary action,
an agreement between the executive director or the designated
board member and the regulated person for corrective action, or
the dismissal of a complaint. If attempts at resolution are not
in the public interest or are not satisfactory to the executive
director or the designated board member, then the executive
director or the designated board member may initiate a contested
case hearing.
(1) The designee of the attorney general shall represent
the board in all attempts at resolution which the executive
director or the designated board member anticipate may result in
disciplinary action. The available remedies for disciplinary
action by consent with the regulated person are those listed in
section 214.108, subdivision 4. A stipulation between the
executive director or the designated board member and the
regulated person shall be presented to the board for the board's
consideration. An approved stipulation and resulting order
shall become public data.
(2) The designee of the attorney general shall represent
the board upon the request of the executive director or the
designated board member in all attempts at resolution which the
executive director or the designated board member anticipate may
result in corrective action. Any agreement between the
executive director or the designated board member and the
regulated person for corrective action shall be in writing and
shall be reviewed by the designee of the attorney general prior
to its execution. The agreement for corrective action shall
provide for dismissal of the complaint upon successful
completion by the regulated person of the corrective action.
(b) Upon receipt of a complaint alleging sexual contact or
sexual conduct with a client, the board must forward the
complaint to the designee of the attorney general for an
investigation. If, after it is investigated, the complaint
appears to provide a basis for disciplinary action, the board
shall resolve the complaint by disciplinary action or initiate a
contested case hearing. Notwithstanding paragraph (a), clause
(2), a board may not take corrective action or dismiss a
complaint alleging sexual contact or sexual conduct with a
client unless, in the opinion of the executive director, the
designated board member, and the designee of the attorney
general, there is insufficient evidence to justify disciplinary
action.
Sec. 27. [REPEALER.]
Minnesota Statutes 1992, section 216B.164, subdivision 7,
is repealed.
Sec. 28. Minnesota Statutes 1992, section 237.60,
subdivision 2, is amended to read:
Subd. 2. [EMERGING COMPETITION.] (a) A company may
decrease the rate for a service subject to emerging competition
that is listed in the price list, effective ten days after
filing a new price list with the commission and the department,
along with an incremental cost study demonstrating that the new
price is above incremental cost. The commission shall prevent a
proposed price reduction from going into effect or prospectively
reinstate the original rate if the reduction has gone into
effect if, after receiving a complaint or on its own motion,
under section 237.081, the commission finds that the new rate is
below incremental cost or that the new rate is not just and
reasonable.
(b) A company may increase the rate for a service subject
to emerging competition that is listed in the price list
effective 30 days after notice is given to affected customers,
the commission, and the department. The notice and new price
list filing to the commission and the department for a rate
increase must include an incremental cost study demonstrating
that the proposed price is above incremental cost. The
department shall investigate an increase in rates for services
subject to emerging competition, and report its findings to the
commission within 30 days of the filing. The commission may,
within 60 days after the date of the filing, order that the rate
increase is interim in nature and subject to refund. If interim
rates are not ordered, the rate increase is not refundable. If
a rate is subject to refund, the commission, after a contested
case hearing or an expedited hearing under section 237.61, must
make a final decision regarding the propriety of the rate
increase within six months of the date the price change was
filed, except that if a contested case hearing before an
administrative law judge is required the commission shall make a
final decision within ten months of the date the price change
was filed. If the commission does not do so, the price change
is deemed approved.
(c) If language describing a rate, term, or condition of
service in a price list is changed without substantially
altering the application of the price list, the change may take
effect upon one-day notice to the commission.
(d) If a term or condition of service in a price list is
changed in a way that results in a substantial change in the
application of the price list, but the price is not changed, the
change in the price list is effective at the same time as a
price decrease under paragraph (a).
(e) If a new pricing plan is proposed for a service that is
currently offered by a telephone company, the change in the
price list is subject to the same schedules governing a price
increase under paragraph (b). For purposes of this paragraph, a
new pricing plan is a proposal that bundles rate elements for a
service, alters the definition of the rate elements for a
service, or includes increases for some rate elements and
decreases for other rate elements.
(f) A telephone company may offer a new service to its
customers ten days after it files a price list and incremental
cost study for the service with the department and the
commission.
(g) A telephone company may discontinue a telephone service
that is subject to emerging competition, as long as the
discontinuance is effective for that service throughout the
state, effective 60 days after notice to the commission, the
department, and affected customers, unless the commission,
within 45 days of the notice, orders a hearing on it. If the
commission orders a hearing, the commission shall make a final
determination on the discontinuance within 180 days of the date
that notice of the discontinuance was filed with the commission,
except that if a contested case hearing before an administrative
law judge is required the commission shall make a final decision
within ten months of the date the notice of discontinuance was
filed.
(h) A change in a price list not covered by paragraphs (a)
to (f) must be reviewed according to the schedule prescribed for
a price increase under paragraph (b).
(i) An incremental cost study required by this section,
section 216D.01, subdivision 8, and 237.62, and section 237.626
must be a long-run incremental cost study unless the commission
has allowed the telephone company required to do the study to
set rates based on a variable cost study. A telephone company
may include a petition to file a variable cost study instead of
a long-run incremental cost study with its notice of price
change, notice of a promotion, or its filing of a new service.
The commission shall grant the petition if the company
demonstrates that a long-run incremental cost study is
burdensome in relation to its annual revenue from the service
involved, that the company has a low market share, that the
service is no longer being offered to new customers, or if the
company shows other good cause. A petition must be accompanied
by a variable cost study. If the petition is denied, the
company shall withdraw a filing made under this section.
(j) For purposes of this section and section 237.62, (1)
long-run incremental cost means the change in total cost
associated with a change in volume of the service, expressed on
a per-unit basis, and (2) variable cost means the change in
total cost, excluding fixed costs, associated with a change in
volume of service, expressed on a per-unit basis.
Sec. 29. Minnesota Statutes 1993 Supplement, section
245A.04, subdivision 3b, is amended to read:
Subd. 3b. [RECONSIDERATION OF DISQUALIFICATION.] (a)
Within 30 days after receiving notice of disqualification under
subdivision 3a, the individual who is the subject of the study
may request reconsideration of the notice of disqualification.
The individual must submit the request for reconsideration to
the commissioner in writing. The individual must present
information to show that:
(1) the information the commissioner relied upon is
incorrect; or
(2) the subject of the study does not pose a risk of harm
to any person served by the applicant or license holder.
(b) The commissioner may set aside the disqualification if
the commissioner finds that the information the commissioner
relied upon is incorrect or the individual does not pose a risk
of harm to any person served by the applicant or license
holder. The commissioner shall review the consequences of the
event or events that could lead to disqualification, whether
there is more than one disqualifying event, the vulnerability of
the victim at the time of the event, the time elapsed without a
repeat of the same or similar event, and documentation of
successful completion by the individual studied of training or
rehabilitation pertinent to the event. In reviewing a
disqualification, the commissioner shall give preeminent weight
to the safety of each person to be served by the license holder
or applicant over the interests of the license holder or
applicant.
(c) Unless the information the commissioner relied on in
disqualifying an individual is incorrect, the commissioner may
not set aside the disqualification of an individual who seeks a
license to provide family day care for children, foster care for
children in the provider's own home, or foster care or day care
services for adults in the provider's own home if:
(1) less than ten years have passed since the discharge of
the sentence imposed for the offense; and the individual has
been convicted of a violation of section 609.20 (manslaughter in
the first degree), 609.205 (manslaughter in the second degree),
609.21 (criminal vehicular homicide), 609.215 (aiding suicide or
aiding attempted suicide), 609.221 to 609.2231 (felony
violations of assault in the first, second, third, or fourth
degree), 609.713 (terroristic threats), 609.285 609.235 (use of
drugs to injure or to facilitate crime), 609.24 (simple
robbery), 609.245 (aggravated robbery), 609.25 (kidnapping),
609.255 (false imprisonment), 609.561 or 609.562 (arson in the
first or second degree), 609.71 (riot), 609.582 (burglary in the
first or second degree), 609.66 (reckless use of a gun or
dangerous weapon or intentionally pointing a gun at or towards a
human being), 609.665 (setting a spring gun), 609.67 (unlawfully
owning, possessing, or operating a machine gun), 152.021 or
152.022 (controlled substance crime in the first or second
degree), 152.023, subdivision 1, clause (3) or (4), or
subdivision 2, clause (4) (controlled substance crime in the
third degree), 152.024, subdivision 1, clause (2), (3), or (4)
(controlled substance crime in the fourth degree), 609.228
(great bodily harm caused by distribution of drugs), 609.23
(mistreatment of persons confined), 609.231 (mistreatment of
residents or patients), 609.265 (abduction), 609.2664 to
609.2665 (manslaughter of an unborn child in the first or second
degree), 609.267 to 609.2672 (assault of an unborn child in the
first, second, or third degree), 609.268 (injury or death of an
unborn child in the commission of a crime), 617.293
(disseminating or displaying harmful material to minors),
609.378 (neglect or endangerment of a child), 609.377 (a gross
misdemeanor offense of malicious punishment of a child); or an
attempt or conspiracy to commit any of these offenses, as each
of these offenses is defined in Minnesota Statutes; or an
offense in any other state, the elements of which are
substantially similar to the elements of any of the foregoing
offenses;
(2) regardless of how much time has passed since the
discharge of the sentence imposed for the offense, the
individual was convicted of a violation of sections 609.185 to
609.195 (murder in the first, second, or third degree), 609.2661
to 609.2663 (murder of an unborn child in the first, second, or
third degree), 609.377 (a felony offense of malicious punishment
of a child), 609.322 (soliciting, inducement, or promotion of
prostitution), 609.323 (receiving profit derived from
prostitution), 609.342 to 609.345 (criminal sexual conduct in
the first, second, third, or fourth degree), 609.352
(solicitation of children to engage in sexual conduct), 617.245
(use of minors in a sexual performance), 617.247 (possession of
pictorial representations of a minor), 609.365 (incest), or an
offense in any other state, the elements of which are
substantially similar to any of the foregoing offenses;
(3) within the seven years preceding the study, the
individual committed an act that constitutes maltreatment of a
child under section 626.556, subdivision 10e, and that resulted
in substantial bodily harm as defined in section 609.02,
subdivision 7a, or substantial mental or emotional harm as
supported by competent psychological or psychiatric evidence; or
(4) within the seven years preceding the study, the
individual was determined under section 626.557 to be the
perpetrator of a substantiated incident of abuse of a vulnerable
adult that resulted in substantial bodily harm as defined in
section 609.02, subdivision 7a, or substantial mental or
emotional harm as supported by competent psychological or
psychiatric evidence.
In the case of any ground for disqualification under
clauses (1) to (4), if the act was committed by an individual
other than the applicant or license holder residing in the
applicant's or license holder's home, the applicant or license
holder may seek reconsideration when the individual who
committed the act no longer resides in the home.
The disqualification periods provided under clauses (1),
(3), and (4) are the minimum applicable disqualification
periods. The commissioner may determine that an individual
should continue to be disqualified from licensure because the
license holder or applicant poses a risk of harm to a person
served by that individual after the minimum disqualification
period has passed.
(d) The commissioner shall respond in writing to all
reconsideration requests within 15 working days after receiving
the request for reconsideration. If the disqualification is set
aside, the commissioner shall notify the applicant or license
holder in writing of the decision.
(e) Except as provided in subdivision 3c, the
commissioner's decision to grant or deny a reconsideration of
disqualification under this subdivision, or to set aside or
uphold the results of the study under subdivision 3, is the
final administrative agency action.
Sec. 30. Minnesota Statutes 1992, section 256D.06,
subdivision 1b, is amended to read:
Subd. 1b. [EARNED INCOME SAVINGS ACCOUNT.] In addition to
the $50 disregard required under subdivision 1, the county
agency shall disregard an additional earned income up to a
maximum of $150 per month for: (1) persons residing in
facilities licensed under Minnesota Rules, parts 9520.0500 to
9520.0690 and 9530.2500 to 9530.4000, and for whom discharge and
work are part of a treatment plan; (2) persons living in
supervised apartments with services funded under Minnesota
Rules, parts 9535.0100 to 9535.1600, and for whom discharge and
work are part of a treatment plan; and (3) persons residing in a
negotiated rate residence group residential housing, as that
term is defined in section 256I.03, subdivision 3, for whom the
county agency has approved a discharge plan which includes
work. The additional amount disregarded must be placed in a
separate savings account by the eligible individual, to be used
upon discharge from the residential facility into the
community. For individuals residing in a chemical dependency
program licensed under Minnesota Rules, part 9530.4100, subpart
22, item D, withdrawals from the savings account require the
signature of the individual and for those individuals with an
authorized representative payee, the signature of the payee. A
maximum of $1,000, including interest, of the money in the
savings account must be excluded from the resource limits
established by section 256D.08, subdivision 1, clause (1).
Amounts in that account in excess of $1,000 must be applied to
the resident's cost of care. If excluded money is removed from
the savings account by the eligible individual at any time
before the individual is discharged from the facility into the
community, the money is income to the individual in the month of
receipt and a resource in subsequent months. If an eligible
individual moves from a community facility to an inpatient
hospital setting, the separate savings account is an excluded
asset for up to 18 months. During that time, amounts that
accumulate in excess of the $1,000 savings limit must be applied
to the patient's cost of care. If the patient continues to be
hospitalized at the conclusion of the 18-month period, the
entire account must be applied to the patient's cost of care.
Sec. 31. Minnesota Statutes 1993 Supplement, section
256D.44, subdivision 3, is amended to read:
Subd. 3. [STANDARD OF ASSISTANCE FOR BASIC NEEDS.] The
state standard of assistance for basic needs provides for the
applicant's or recipient's maintenance needs, other than actual
shelter costs. Except as provided in subdivision 4, the monthly
state standard of assistance for basic needs is as follows:
(a) If an applicant or recipient who does not reside with
another person or persons, the state standard of assistance is
$371.
(b) If an applicant married couple or recipient married
couple who live together, does not reside with others, the state
standard of assistance is $557.
(c) If an applicant or recipient resides with another
person or persons, the state standard of assistance is $286.
(d) If an applicant married couple or recipient married
couple who live together, resides with others, the state
standard of assistance is $371.
(e) Married couples, living together and receiving MSA on
January 1, 1994, and whose eligibility has not been terminated a
full calendar month, are exempt from the standards in paragraphs
(b) and (d).
Sec. 32. Minnesota Statutes 1993 Supplement, section
257.67, subdivision 3, is amended to read:
Subd. 3. Willful failure to obey the judgment or order of
the court is a contempt of the court. All remedies for the
enforcement of judgments apply including those available under
chapters 518 and 518C and sections 256.871 to 256.878.
Sec. 33. Minnesota Statutes 1992, section 260.151,
subdivision 1, is amended to read:
Subdivision 1. Upon request of the court the county
welfare board or probation officer shall investigate the
personal and family history and environment of any minor coming
within the jurisdiction of the court under section 260.111 and
shall report its findings to the court. The court may order any
minor coming within its jurisdiction to be examined by a duly
qualified physician, psychiatrist, or psychologist appointed by
the court.
The court shall have a chemical use assessment conducted
when a child is (1) found to be delinquent for violating a
provision of chapter 152, or for committing a felony-level
violation of a provision of chapter 609 if the probation officer
determines that alcohol or drug use was a contributing factor in
the commission of the offense, or (2) alleged to be delinquent
for violating a provision of chapter 152, if the child is being
held in custody under a detention order. The assessor's
qualifications and the assessment criteria shall comply with
Minnesota Rules, parts 9530.6600 to 9530.6655. If funds under
chapter 254B are to be used to pay for the recommended
treatment, the assessment and placement must comply with all
provisions of Minnesota Rules, parts 9530.6600 to 9530.6655 and
9530.7000 to 9530.7030. The commissioner of public safety human
services shall reimburse the court for the cost of the chemical
use assessment, up to a maximum of $100.
With the consent of the commissioner of corrections and
agreement of the county to pay the costs thereof, the court may,
by order, place a minor coming within its jurisdiction in an
institution maintained by the commissioner for the detention,
diagnosis, custody and treatment of persons adjudicated to be
delinquent, in order that the condition of the minor be given
due consideration in the disposition of the case. Adoption
investigations shall be conducted in accordance with the laws
relating to adoptions. Any funds received under the provisions
of this subdivision shall not cancel until the end of the fiscal
year immediately following the fiscal year in which the funds
were received. The funds are available for use by the
commissioner of corrections during that period and are hereby
appropriated annually to the commissioner of corrections as
reimbursement of the costs of providing these services to the
juvenile courts.
Sec. 34. Minnesota Statutes 1993 Supplement, section
268.92, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purposes of this
section, the following terms have the meanings given them.
(a) "Certified worker" means a lead abatement worker
certified by the commissioner of health under section 144.878,
subdivision 5.
(b) "Certified trainer" means a lead trainer certified by
the commissioner of health under section 144.878, subdivision 5.
(c) (b) "Certified worker" means a lead abatement worker
certified by the commissioner of health under section 144.878,
subdivision 5.
(d) (c) "Commissioner" means the commissioner of jobs and
training.
(e) (d) "Eligible organization" means a licensed
contractor, certified trainer, city, board of health, community
health department, community action agency as defined in section
268.52, or community development corporation.
(f) (e) "High risk for toxic lead exposure" has the meaning
given in section 144.871, subdivision 7a.
(g) (f) "Licensed contractor" means a contractor licensed
by the department of health under section 144.876.
(h) (g) "Removal and replacement abatement" means lead
abatement on residential property that requires retrofitting and
conforms to the rules established under section 144.878.
(i) (h) "Swab team" has the meaning given in section
144.871, subdivision 9.
Sec. 35. Minnesota Statutes 1993 Supplement, section
296.035, is amended to read:
296.035 [CREDIT FOR REREFINED WASTE OIL.]
A licensed distributor or a special fuel dealer, either of
which elects to pay the tax under section 296.12, subdivision 3a
3, at the time special fuel is sold or delivered into the supply
tank of a licensed motor vehicle, is allowed a credit of ten
cents per gallon for each gallon of rerefined waste oil sold or
delivered into the supply tank of a licensed motor vehicle. A
credit of ten cents per gallon is allowed a licensed distributor
or special fuel dealer for each gallon of rerefined waste oil
delivered into the storage tank of a retail service station
operated by the distributor or a special fuel dealer, if either
the distributor or special fuel dealer does not elect to pay the
tax under section 296.12, subdivision 3a 3, at the time special
fuel is sold or delivered into the supply tank of a licensed
motor vehicle. Bulk purchasers are allowed a credit of ten
cents per gallon for each gallon of rerefined waste oil that is
purchased by them and used in a licensed motor vehicle.
Sec. 36. Minnesota Statutes 1992, section 299C.61,
subdivision 4, is amended to read:
Subd. 4. [CHILD ABUSE CRIME.] "Child abuse crime" means:
(1) an act committed against a minor victim that
constitutes a violation of section 609.185, clause (5); 609.221;
609.222; 609.223; 609.224; 609.322; 609.323; 609.324; 609.342;
609.343; 609.344; 609.345; 609.352; 609.377; or 609.378; or
(2) a violation of section 152.021, subdivision 1, clause
(4); 152.022, subdivision 1, clause (5) or (6); 152.023,
subdivision 1, clause (3) or (4); 152.023, subdivision 2, clause
(5) (4) or (7) (6); or 152.024, subdivision 1, clause (2), (3),
or (4).
Sec. 37. Minnesota Statutes 1992, section 309.53,
subdivision 2, is amended to read:
Subd. 2. Such annual report shall include a financial
statement covering the immediately preceding 12-month period of
operation, and shall be executed by any two duly constituted
officers of the charitable organization, who shall acknowledge
that it was executed pursuant to resolution of the board of
directors or trustees, or if there be no such board, then by its
managing group which has approved the content of the annual
report. This annual report shall also include a copy of any tax
return, including amendments, submitted by the charitable
organization to the Internal Revenue Service for the period
covered by the annual report.
A charitable organization which files the annual report
required under this subdivision with the attorney general is not
required to file the tax return with the commissioner of
revenue. An organization which fails to file the tax return
required under this section is subject to the penalties imposed
by the commissioner of revenue as set forth in section 290.05,
subdivisions 4 and 5 sections 289A.60, subdivision 9, and
289A.63, subdivision 1.
Sec. 38. Minnesota Statutes 1993 Supplement, section
325F.755, subdivision 5, is amended to read:
Subd. 5. [EXEMPTIONS.] This section does not apply to
solicitations or representations, in connection with (1) the
sale or purchase of books, recordings, videocassettes,
periodicals, and similar goods through a membership group or
club which is regulated by the Federal Trade Commission pursuant
to Code of Federal Regulations, title 16, part 425.1, concerning
use of negative option plans by sellers in commerce; (2) the
sale or purchase of goods ordered through a contractual plan or
arrangement such as a continuity plan, subscription management
arrangement, or a single sale or purchase series arrangement
under which the seller ships goods to a consumer who has
consented in advance to receive the goods and after the receipt
of the goods is given the opportunity to examine the goods and
to receive a full refund of charges for the goods upon return of
the goods undamaged; or (3) sales by a catalog seller. For
purposes of this section "catalog seller" shall mean any entity
(and its subsidiaries) or person at least 50 percent of whose
annual revenues are derived from the sale of products sold in
connection with the distribution of catalogs of at least 24
pages, which contain written descriptions or illustrations and
sale prices for each item of merchandise and which are
distributed in more than one state with a total annual
distribution of at least 250,000.
Sec. 39. Minnesota Statutes 1993 Supplement, section
326.111, subdivision 4, is amended to read:
Subd. 4. [ACTIONS AGAINST APPLICANTS AND LICENSEES.] (a)
The board may, by order, deny, refuse to renew, suspend,
temporarily suspend, or revoke the application, license, or
certification of a person; censure or reprimand that person;
condition or limit the person's practice; refuse to permit a
person to sit for examination; or refuse to release the person's
examination grades if the board finds that the order is in the
public interest and the applicant, licensee, or certificate
holder:
(1) has violated a statute, rule, or order that the board
has issued or is empowered to enforce;
(2) has engaged in conduct or acts that are fraudulent,
deceptive, or dishonest whether or not the conduct or acts
relate to the practice of architecture, engineering, land
surveying, landscape architecture, or certified interior design,
providing that the fraudulent, deceptive, or dishonest conduct
or acts reflect adversely on the person's ability or fitness to
engage in the practice of architecture, engineering, land
surveying, landscape architecture, or certified interior design;
(3) has engaged in conduct or acts that are negligent or
otherwise in violation of the standards established by Minnesota
Rules, parts 1100.1800 and 1100.1805 chapters 1800 and 1805,
where the conduct or acts relate to the practice of
architecture, engineering, land surveying, landscape
architecture, or use of the title certified interior designer;
(4) has been convicted of or has pled guilty or nolo
contendere to a felony, an element of which is dishonesty or
fraud, whether or not the person admits guilt, or has been shown
to have engaged in acts or practices tending to show that the
applicant or licensee is incompetent or has engaged in conduct
reflecting adversely on the person's ability or fitness to
engage in the practice of architecture, engineering, land
surveying, landscape architecture, or use of the title certified
interior designer;
(5) employed fraud or deception in obtaining a certificate,
license, renewal, or reinstatement or in passing all or a
portion of the examination;
(6) has had the person's architecture, engineering, land
surveying, landscape architecture, or interior design license,
certificate, right to examine, or other similar authority
revoked, suspended, canceled, limited, or not renewed for cause
in any state, commonwealth, or territory of the United States,
in the District of Columbia, or in any foreign country;
(7) has had the person's right to practice before any
federal, state, or other government agency revoked, suspended,
canceled, limited, or not renewed;
(8) failed to meet any requirement for the issuance or
renewal of the person's license or certificate;
(9) has attached the person's seal or signature to a plan,
specification, report, plat, or other architectural,
engineering, land surveying, landscape architectural, or
interior design document not prepared by the person sealing or
signing it or under that person's direct supervision; or
(10) with respect to temporary suspension orders, has
committed an act, engaged in conduct, or committed practices
that may, or has in the opinion of the board, or the complaint
committee if authorized by the board, resulted in an immediate
threat to the public.
(b) In lieu of or in addition to any remedy provided in
paragraph (a), the board may require, as a condition of
continued licensure, possession of certificate, termination of
suspension, reinstatement of license or certificate,
examination, or release of examination grades, that the person:
(1) submit to a quality review of the person's ability,
skills, or quality of work, conducted in such fashion and by
such persons, entity, or entities as the board may require
including, but not limited to, remedial education courses; and
(2) complete to the satisfaction of the board such
continuing professional education courses as the board may
specify by rule.
(c) Service of the order is effective if the order is
served on the licensee, certificate holder, applicant, person,
or counsel of record personally or by certified mail, to the
most recent address provided to the board for the licensee,
certificate holder, applicant, person, or counsel of record.
The order shall state the reasons for the entry of the order.
(d) All hearings required by this section shall be
conducted in accordance with chapter 14, except with respect to
temporary suspension orders, as provided for in subdivision 5,
paragraph (d).
Sec. 40. Minnesota Statutes 1992, section 326.212, is
amended to read:
326.212 [PERMITTED ACTS.]
Subdivision 1. [EMPLOYEES; ASSISTANTS.] Nothing contained
in sections 326.17 to 326.229 shall prohibit any person not a
certified public accountant or licensed public accountant from
serving as an employee of, or an assistant to, a certified
public accountant or licensed public accountant, or partnership
or corporation composed of certified public accountants or
licensed public accountants, provided that the person shall not
issue any accounting or financial statement over the person's
name.
Subd. 2. [CERTIFIED BUT NOT LICENSED C.P.A., L.P.A.] The
board, by rule, may permit persons holding a certificate issued
pursuant to section 326.19, but who do not hold a current
license, to assume or use the title or designation "certified
public accountant" or "licensed public accountant," or the
abbreviation "C.P.A.," "L.P.A.," or other title, designation,
words, letters, abbreviation, sign, card, or device tending to
indicate that the person is a certified public accountant or
licensed public accountant, provided (a) that the board has not
revoked, suspended, or refused to renew a license previously
issued to the person; (b) that the assumption or use is not
incident to the practice of public accountancy; and (c) that the
assumption or use is not in conjunction with or incident to any
opinion or certificate within the purview of section 326.211,
subdivision 6.
Subd. 3. [CORPORATIONS PERFORMING UNAUDITED ACCOUNTING
SERVICES.] Nothing contained in Laws 1979, chapter 326, sections
1 to 13 326.165 to 326.229 shall prohibit any corporation from
performing accounting services incident to a commercial
relationship with another corporation, cooperative association,
or cooperative corporation involving either the extension of
credit or the performance of sales, purchasing, or marketing
functions if any financial reports prepared incident thereto are
marked "Unaudited" and disclose the identity of the preparer and
its lack of independence.
Subd. 4. [PERSONS PREPARING UNAUDITED FINANCIAL
STATEMENTS.] Nothing contained in Laws 1979, chapter 326,
sections 1 to 13 326.165 to 326.229 shall prohibit any person,
partnership or corporation, not licensed under Laws 1979,
chapter 326, sections 1 to 13 326.165 to 326.229, from preparing
and presenting unaudited financial statements and unaudited
schedules on printed forms or the letterheads of the preparer if
they are clearly marked on each page, "Unaudited."
Subd. 5. [TAX RETURNS.] Nothing contained in Laws 1979,
chapter 326, sections 1 to 13 326.165 to 326.229 shall prohibit
any person, partnership or corporation, not licensed under Laws
1979, chapter 326, sections 1 to 13 326.165 to 326.229, from
preparing tax returns.
Sec. 41. Minnesota Statutes 1992, section 326.224, is
amended to read:
326.224 [SINGLE ACT EVIDENCE OF PRACTICE.]
Displaying or presenting a card, sign, advertisement, or
other printed, engraved, or written instrument or device bearing
a person's name in conjunction with the words "certified public
accountant" or any abbreviation thereof, or "licensed public
accountant" or any abbreviation thereof, except as permitted by
Laws 1979, chapter 326, sections 1 to 13 326.165 to 326.229,
shall be prima facie evidence in any action brought under
sections 326.17 326.165 to 326.229 and Laws 1979, chapter 326,
sections 1 to 12 that the person whose name is so displayed
caused or procured the displaying or presenting of the card,
sign, advertisement, or other printed, engraved, or written
instrument or device, and that the person is holding out to be a
certified public accountant or a licensed public accountant. In
any action evidence of the commission of a single act prohibited
by Laws 1979, chapter 326, sections 1 to 13 and Minnesota
Statutes, sections 326.17 326.165 to 326.229 shall be sufficient
to justify an injunction or a conviction without evidence of a
general course of conduct.
Sec. 42. Minnesota Statutes 1992, section 326.461,
subdivision 1, is amended to read:
Subdivision 1. [SCOPE.] For the purpose of Laws 1984,
chapter 481, sections 1 to 6 326.46 to 326.521, the following
terms have the meanings given them.
Sec. 43. Minnesota Statutes 1992, section 327.32,
subdivision 8, is amended to read:
Subd. 8. [EVIDENCE OF COMPLIANCE.] Each manufacturer,
distributor, and dealer shall establish and maintain records,
make reports, and provide information as the commissioner or the
secretary may reasonably require to be able to determine whether
the manufacturer, distributor, or dealer has acted or is acting
in compliance with sections 327.31 to 327.34, Laws 1981, chapter
365, section 5, and sections 327.51 to 327.55 327.35, and shall,
upon request of a person duly designated by the commissioner or
the secretary, permit that person to inspect appropriate books,
papers, records, and documents relevant to determining whether
that manufacturer, distributor, or dealer has acted or is acting
in compliance with sections 327.31 to 327.34, Laws 1981, chapter
365, section 5, sections 327.51 to 327.55 327.35, and the
National Manufactured Home Construction and Safety Standards Act
of 1974, United States Code, title 42, section 5401, et seq., as
amended, or other applicable federal or state law.
Sec. 44. Minnesota Statutes 1992, section 327.33, is
amended to read:
327.33 [ADMINISTRATION.]
Subdivision 1. [INSPECTIONS.] The commissioner shall,
through the department's inspectors or through a designated
recognized inspection service acting as authorized
representative of the commissioner perform sufficient
inspections of manufacturing premises and manufactured homes to
ensure compliance with sections 327.31 to 327.34 and Laws 1981,
chapter 365, section 5 327.35. The commissioner shall have the
exclusive right to conduct inspections, except for the
inspections conducted or authorized by the secretary.
Subd. 2. [FEES.] The commissioner shall by rule establish
reasonable fees for seals, installation seals and inspections
which are sufficient to cover all costs incurred in the
administration of sections 327.31 to 327.34, Laws 1981, chapter
365, section 5, and sections 327.51 to 327.55 327.35. The
commissioner shall also establish by rule a monitoring
inspection fee in an amount that will comply with the
secretary's fee distribution program. This monitoring
inspection fee shall be an amount paid by the manufacturer for
each manufactured home produced in Minnesota. The monitoring
inspection fee shall be paid by the manufacturer to the
secretary. The rules of the fee distribution program require
the secretary to distribute the fees collected from all
manufactured home manufacturers among states approved and
conditionally approved based on the number of new manufactured
homes whose first location after leaving the manufacturer is on
the premises of a distributor, dealer or purchaser in that
state. All fees received by the commissioner shall be deposited
in the state treasury and credited to the general fund.
Subd. 3. [ADMINISTRATION AND ENFORCEMENT RULES.] The
commissioner may adopt other rules as may be necessary to
administer and enforce sections 327.31 to 327.34 and Laws 1981,
chapter 365, section 5 327.35. The rules shall, to the extent
practicable, be uniform with those adopted by other states. All
rules shall be adopted in the manner prescribed by sections
14.001 to 14.69.
Subd. 4. [INSTALLATION RULES.] The commissioner shall
adopt rules governing the installation of manufactured homes,
and shall include them in the state building code. The rules
may include a list of specific safety items to be inspected at
the time of installation.
Subd. 5. [ACCESSORY STRUCTURES RULES.] The commissioner
shall adopt rules governing the construction and installation of
manufactured home accessory structures including, but not
limited to, rules relating to the certification of prefabricated
manufactured home accessory structures. Upon showing that
another state provides for certification of prefabricated
manufactured home accessory structures manufactured in
compliance with standards at least equal to those established by
the commissioner, the commissioner may by rule provide that any
structure bearing certification affixed under the authority of
that state shall not be required to bear the certification of
this state.
Subd. 6. [AUTHORIZATION AS AGENCY.] The commissioner shall
apply to the secretary for approval of the commissioner as the
administrative agency for the regulation of manufactured homes
under the rules of the secretary. The commissioner may make
rules for the administration and enforcement of department
responsibilities as a state administrative agency including, but
not limited to, rules for the handling of citizen's complaints.
All money received for services provided by the commissioner or
the department's authorized agents as a state administrative
agency shall be deposited in the general fund. The commissioner
is charged with the adoption, administration, and enforcement of
the Manufactured Home Construction and Safety Standards,
consistent with rules and regulations promulgated by the United
States Department of Housing and Urban Development. The
commissioner may adopt the rules, codes, and standards necessary
to enforce the standards promulgated under this section. The
commissioner is authorized to conduct hearings and presentations
of views consistent with regulations adopted by the United
States Department of Housing and Urban Development and to adopt
rules in order to carry out this function.
Subd. 7. [EMPLOYEES.] The commissioner may appoint such
employees within the department of administration as deemed
necessary for the administration of sections 327.31 to 327.34,
Laws 1981, chapter 365, section 5, and sections 327.51 to 327.55
327.35.
Sec. 45. Minnesota Statutes 1992, section 327.34,
subdivision 1, is amended to read:
Subdivision 1. [GENERALLY.] It shall be a misdemeanor for
any person,
(a) to sell, lease, or offer to sell or lease, any
manufactured home manufactured after July 1, 1972 which does not
comply with the manufactured home building code or which does
not bear a seal or label as required by sections 327.31 to
327.34, unless the action is subject to the provisions of Laws
1981, chapter 365, section 5 section 327.35;
(b) to affix a seal or label, or cause a seal or label to
be affixed, to any manufactured home which does not comply with
the manufactured home building code unless the action is subject
to the provisions of Laws 1981, chapter 365, section 5 section
327.35;
(c) to alter a manufactured home manufactured after July 1,
1972, in a manner prohibited by sections 327.31 to 327.34;
(d) to fail to correct a manufactured home building code
violation in a manufactured home manufactured after July 1,
1972, which is owned, manufactured, or sold by that person,
within 40 days of being ordered to do so in writing by an
authorized representative of the commissioner, unless the
correction is subject to the provisions of Laws 1981, chapter
365, section 5 section 327.35; or
(e) to interfere with, obstruct, or hinder any authorized
representative of the commissioner in the performance of duties
relating to manufactured homes manufactured after July 1, 1972,
and prior to June 15, 1976.
Sec. 46. Minnesota Statutes 1992, section 348.13, is
amended to read:
348.13 [BOUNTIES PAID BY TOWNS, REQUIREMENTS.]
The four feet of striped and gray gophers and woodchucks,
and both front feet of pocket gophers shall be produced to the
chair of the town board of the town where they were killed, and
if the chair shall be satisfied that they were killed within the
designated territory and by the person producing them, the chair
shall certify to the county auditor the number of each kind so
killed. The certificate shall be issued by the chair of the
town board at the end of each month and shall show the names of
all persons entitled to bounty for the preceding month, the
number of each kind of animals killed, and the amount of bounty
that each person is entitled to receive. The county auditor
shall issue thereon a warrant on the county treasurer payable to
the chair of the town board who issued the certificate, for the
full amount of the bounty allowed by law according to the
certificate, and upon receipt of the warrant the chair shall pay
the proper persons the bounty allowed by law for the preceding
month.
The chair to whom such feet are produced shall immediately
cause such feet to be destroyed.
Any town board may also offer a bounty for the destruction
of the animals or birds described in section 348.12 and adopt
rules for the payment thereof, which bounty so offered by a town
shall be in addition to any bounty which may be offered by the
board of county commissioners.
The town board of any town located in any county having
over 45,000 and less than 49,000 inhabitants according to the
1950 federal census, may by resolution require that the tail
instead of the feet of striped, gray and pocket gophers be
produced.
Sec. 47. Minnesota Statutes 1993 Supplement, section
349.217, subdivision 1, is amended to read:
Subdivision 1. [PENALTY FOR FAILURE TO PAY TAX.] If a tax
is not paid within the time specified for payment, a penalty is
added to the amount required to be shown as tax. The penalty is
five percent of the unpaid tax if the failure is for not more
than 30 days, with an additional penalty of five percent of the
amount of tax remaining unpaid during each additional 30 days or
fraction of 30 days during which the failure continues, not
exceeding 15 percent in the aggregate.
If the taxpayer has not filed a return, for purposes of
this subdivision the time specified for payment is the final
date a return should have been filed.
Sec. 48. [REPEALER.]
Minnesota Statutes 1992, section 385.08, is repealed.
Sec. 49. Minnesota Statutes 1992, section 386.61, is
amended by adding a subdivision to read:
Subd. 4. "Commissioner" means the commissioner of commerce.
Sec. 50. Minnesota Statutes 1993 Supplement, section
386.66, is amended to read:
386.66 [BOND OR ABSTRACTER'S LIABILITY INSURANCE POLICY.]
Before a license shall be issued, the applicant shall file
with the commissioner a bond or abstracter's liability insurance
policy to be approved by the commissioner, running to the state
of Minnesota in the penal sum of at least $100,000 conditioned
for the payment by such abstracter of any damages that may be
sustained by or accrue to any person by reason of or on account
of any error, deficiency or mistake arising wrongfully or
negligently in any abstract, or continuation thereof, or in any
certificate showing ownership of, or interest in, or liens upon
any lands in the state of Minnesota, whether registered or not,
made by and issued by such abstracter, provided however, that
the aggregate liability of the surety to all persons under such
bond shall in no event exceed the amount of such bond. In any
county having more than 200,000 inhabitants the bond or
insurance policy required herein shall be in the penal sum of at
least $250,000. Applicants that are title insurance companies
regulated by chapter 68A and licensed pursuant to sections
60A.02 and 60A.06, subdivision 1, clause (7), and their
employees or those having cash or securities or on deposit with
the state of Minnesota in an amount equal to the said bond or
insurance policy shall be exempt from furnishing the bond or an
insurance policy herein required but shall be liable to the same
extent as if a bond or insurance policy has been given and
filed. The bond or insurance policy required hereunder shall be
written by some surety or other company authorized to do
business in this state issuing bonds or abstracter's liability
insurance policies and shall be issued for a period of one or
more years, and renewed for one or more years at the date of
expiration as principal continues in business. The aggregate
liability of such surety on such bond or insurance policy for
all damages shall, in no event, exceed the sum of said bond or
insurance policy.
Sec. 51. Minnesota Statutes 1992, section 446A.07,
subdivision 6, is amended to read:
Subd. 6. [AWARD AND TERMS OF LOANS.] The authority shall
award loans to those municipalities and other entities certified
by the agency. The terms and conditions of the loans must be in
conformance with the Federal Water Pollution Control Act, this
section, and rules of the authority and the agency, and
authority adopted under this section.
Sec. 52. Minnesota Statutes 1992, section 449.06, is
amended to read:
449.06 [ENTERTAINMENT TAX IN CITIES OF THE FOURTH CLASS.]
The governing body of any city of the fourth class
operating under a home rule charter of or commission form of
government may levy a tax not exceeding 0.01209 percent of
taxable market value for the purpose of providing musical
entertainments to the public in public buildings or upon public
grounds. The total sum that may be levied or expended in any
year shall not exceed $3,500.
Sec. 53. Minnesota Statutes 1992, section 469.174,
subdivision 10, is amended to read:
Subd. 10. [REDEVELOPMENT DISTRICT.] (a) "Redevelopment
district" means a type of tax increment financing district
consisting of a project, or portions of a project, within which
the authority finds by resolution that one of the following
conditions, reasonably distributed throughout the district,
exists:
(1) parcels consisting of 70 percent of the area of the
district are occupied by buildings, streets, utilities, or other
improvements and more than 50 percent of the buildings, not
including outbuildings, are structurally substandard to a degree
requiring substantial renovation or clearance; or
(2) the property consists of vacant, unused, underused,
inappropriately used, or infrequently used railyards, rail
storage facilities, or excessive or vacated railroad
rights-of-way.
(b) For purposes of this subdivision, "structurally
substandard" shall mean containing defects in structural
elements or a combination of deficiencies in essential utilities
and facilities, light and ventilation, fire protection including
adequate egress, layout and condition of interior partitions, or
similar factors, which defects or deficiencies are of sufficient
total significance to justify substantial renovation or
clearance.
A building is not structurally substandard if it is in
compliance with the building code applicable to new buildings or
could be modified to satisfy the building code at a cost of less
than 15 percent of the cost of constructing a new structure of
the same square footage and type on the site. The municipality
may find that a building is not disqualified as structurally
substandard under the preceding sentence on the basis of
reasonably available evidence, such as the size, type, and age
of the building, the average cost of plumbing, electrical, or
structural repairs, or other similar reliable evidence. If the
evidence supports a reasonable conclusion that the building is
not disqualified as structurally substandard, the municipality
may make such a determination without an interior inspection or
an independent, expert appraisal of the cost of repair and
rehabilitation of the building.
A parcel is deemed to be occupied by a structurally
substandard building for purposes of the finding under paragraph
(a) if all of the following conditions are met:
(1) the parcel was occupied by a substandard building
within three years of the filing of the request for
certification of the parcel as part of the district with the
county auditor;
(2) the substandard building was demolished or removed by
the authority or the demolition or removal was financed by the
authority or was done by a developer under a development
agreement with the authority;
(3) the authority found by resolution before the demolition
or removal that the parcel was occupied by a structurally
substandard building and that after demolition and clearance the
authority intended to include the parcel within a district; and
(4) upon filing the request for certification of the tax
capacity of the parcel as part of a district, the authority
notifies the county auditor that the original tax capacity of
the parcel must be adjusted as provided by section 469.177,
subdivision 1, paragraph (h).
(c) For purposes of this subdivision, a parcel is not
occupied by buildings, streets, utilities, or other improvements
unless 15 percent of the area of the parcel contains
improvements.
(d) For districts consisting of two or more noncontiguous
areas, each area must qualify as a redevelopment district under
paragraph (a), clauses (1) to (3), to be included in the
district, and the entire area of the district must satisfy
paragraph (a).
Sec. 54. Minnesota Statutes 1992, section 469.181,
subdivision 1, is amended to read:
Subdivision 1. [APPLICATION.] A developer proposing to
construct improvements on property located within an industrial
development district as defined in section 469.058, subdivision
1; an economic development district as defined in section
469.101, subdivision 1; a development district as defined in
section 469.125, subdivision 8 9, or any special law; or a
redevelopment project as defined in section 469.002, subdivision
12 14, may apply to the governing body of the city or
municipality in which the property is located to obtain deferral
of property tax on the improved property, stating the nature and
location of the proposed improvement, its estimated cost, and
the projected length of construction time. If the governing
body finds that the proposed development is consistent with the
requirements of the above referred sections, it may approve the
application. If the application is approved by June 30, the tax
exemption shall be in effect for taxes paid the following year;
if it is approved later than June 30, the exemption shall be in
effect for taxes paid in the second subsequent year.
Sec. 55. Minnesota Statutes 1992, section 471A.11, is
amended to read:
471A.11 [REGULATION OF RATES AND CHARGES AND PUBLIC UTILITY
LAWS.]
A municipality may regulate by ordinance, contract, or
otherwise the rates and charges imposed by the private vendor
with respect to any capital intensive public services provided
to the public under the service contract. Whether or not the
imposition of such rates and charges is so regulated, no capital
intensive public services provided under the service contract
are subject to regulation under the provisions of chapter 216B,
unless the municipality elects to subject the services to
regulation under that chapter. An election for regulation may
be affected made by resolution of the governing body of the
municipality requesting regulation and filing the resolution
with the state public utilities commission.
Sec. 56. [REPEALER.]
Minnesota Statutes 1992, section 473.872, is repealed.
Sec. 57. Minnesota Statutes 1993 Supplement, section
491A.01, subdivision 3, is amended to read:
Subd. 3. [JURISDICTION; GENERAL.] (a) Except as provided
in subdivisions 4 and 5, the conciliation court has jurisdiction
to hear, conciliate, try, and determine civil claims if the
amount of money or property that is the subject matter of the
claim does not exceed $6,000, or, on and after July 1, 1994,
$7,500, or $4,000 if the claim involves a consumer credit
transaction. "Consumer credit transaction" means a sale of
personal property, or a loan arranged to facilitate the purchase
of personal property, in which:
(1) credit is granted by a seller or a lender who regularly
engages as a seller or lender in credit transactions of the same
kind;
(2) the buyer is a natural person;
(3) the claimant is the seller or lender in the
transaction; and
(4) the personal property is purchased primarily for a
personal, family, or household purpose and not for a commercial,
agricultural, or business purpose.
(b) Except as otherwise provided in this subdivision and
subdivisions 5 to 10, the territorial jurisdiction of
conciliation court is coextensive with the county in which the
court is established. The summons in a conciliation court
action under subdivisions 6 to 10 may be served anywhere in the
state, and the summons in a conciliation court action under
subdivision 7, paragraph (b), may be served outside the state in
the manner provided by law. The court administrator shall serve
the summons in a conciliation court action by first class mail,
except that if the amount of money or property that is the
subject of the claim exceeds $2,500, the summons must be served
by the plaintiff by certified mail, and service on nonresident
defendants must be made in accordance with applicable law or
rule. Subpoenas to secure the attendance of nonparty witnesses
and the production of documents at trial may be served anywhere
within the state in the manner provided by law.
When a court administrator is required to summon the
defendant by certified mail under this paragraph, the summons
may be made by personal service in the manner provided in the
rules of civil procedure for personal service of a summons of
the district court as an alternative to service by certified
mail.
Sec. 58. Minnesota Statutes 1993 Supplement, section
549.09, subdivision 1, is amended to read:
Subdivision 1. [WHEN OWED; RATE.] (a) When a judgment or
award is for the recovery of money, including a judgment for the
recovery of taxes, interest from the time of the verdict, award,
or report until judgment is finally entered shall be computed by
the court administrator or arbitrator as provided in clause (c)
and added to the judgment or award.
(b) Except as otherwise provided by contract or allowed by
law, preverdict, preaward, or prereport interest on pecuniary
damages shall be computed as provided in clause (c) from the
time of the commencement of the action or a demand for
arbitration, or the time of a written notice of claim, whichever
occurs first, except as provided herein. The action must be
commenced within two years of a written notice of claim for
interest to begin to accrue from the time of the notice of
claim. If either party serves a written offer of settlement,
the other party may serve a written acceptance or a written
counteroffer within 30 days. After that time, interest on the
judgment or award shall be calculated by the judge or arbitrator
in the following manner. The prevailing party shall receive
interest on any judgment or award from the time of commencement
of the action or a demand for arbitration, or the time of a
written notice of claim, or as to special damages from the time
when special damages were incurred, if later, until the time of
verdict, award, or report only if the amount of its offer is
closer to the judgment or award than the amount of the opposing
party's offer. If the amount of the losing party's offer was
closer to the judgment or award than the prevailing party's
offer, the prevailing party shall receive interest only on the
amount of the settlement offer or the judgment or award,
whichever is less, and only from the time of commencement of the
action or a demand for arbitration, or the time of a written
notice of claim, or as to special damages from when the special
damages were incurred, if later, until the time the settlement
offer was made. Subsequent offers and counteroffers supersede
the legal effect of earlier offers and counteroffers. For the
purposes of clause (3) (2), the amount of settlement offer must
be allocated between past and future damages in the same
proportion as determined by the trier of fact. Except as
otherwise provided by contract or allowed by law, preverdict,
preaward, or prereport interest shall not be awarded on the
following:
(1) judgments, awards, or benefits in workers' compensation
cases, but not including third-party actions;
(2) judgments or awards for future damages;
(3) punitive damages, fines, or other damages that are
noncompensatory in nature;
(4) judgments or awards not in excess of the amount
specified in section 491A.01; and
(5) that portion of any verdict, award, or report which is
founded upon interest, or costs, disbursements, attorney fees,
or other similar items added by the court or arbitrator.
(c) The interest shall be computed as simple interest per
annum. The rate of interest shall be based on the secondary
market yield of one year United States treasury bills,
calculated on a bank discount basis as provided in this section.
On or before the 20th day of December of each year the
state court administrator shall determine the rate from the
secondary market yield on one year United States treasury bills
for the most recent calendar month, reported on a monthly basis
in the latest statistical release of the board of governors of
the federal reserve system. This yield, rounded to the nearest
one percent, shall be the annual interest rate during the
succeeding calendar year. The state court administrator shall
communicate the interest rates to the court administrators and
sheriffs for use in computing the interest on verdicts and shall
make the interest rates available to arbitrators.
When a judgment creditor, or the judgment creditor's
attorney or agent, has received a payment after entry of
judgment, whether the payment is made voluntarily by or on
behalf of the judgment debtor, or is collected by legal process
other than execution levy where a proper return has been filed
with the court administrator, the judgment creditor, or the
judgment creditor's attorney, before applying to the court
administrator for an execution shall file with the court
administrator an affidavit of partial satisfaction. The
affidavit must state the dates and amounts of payments made upon
the judgment after the most recent affidavit of partial
satisfaction filed, if any; the part of each payment that is
applied to taxable disbursements and to accrued interest and to
the unpaid principal balance of the judgment; and the accrued,
but the unpaid interest owing, if any, after application of each
payment.
(d) This section does not apply to arbitrations between
employers and employees under chapter 179 or 179A. An
arbitrator is neither required to nor prohibited from awarding
interest under chapter 179 or under section 179A.16 for
essential employees.
Sec. 59. Minnesota Statutes 1993 Supplement, section
609.5312, subdivision 3, is amended to read:
Subd. 3. [VEHICLE FORFEITURE FOR PROSTITUTION OFFENSES.]
(a) A motor vehicle is subject to forfeiture under this
subdivision if it was used to commit or facilitate, or used
during the commission of, a violation of section 609.324 or a
violation of a local ordinance substantially similar to section
609.324. A motor vehicle is subject to forfeiture under this
subdivision only if the offense is established by proof of a
criminal conviction for the offense. Except as otherwise
provided in this subdivision, a forfeiture under this
subdivision is governed by sections 609.531, 609.5312, and
609.5313.
(b) When a motor vehicle subject to forfeiture under this
subdivision is seized in advance of a judicial forfeiture order,
a hearing before a judge or referee must be held within 96 hours
of the seizure. Notice of the hearing must be given to the
registered owner within 48 hours of the seizure. The
prosecuting authority shall certify to the court, at or in
advance of the hearing, that it has filed or intends to file
charges against the alleged violator for violating section
609.324 or a local ordinance substantially similar to section
609.324. After conducting the hearing, the court shall order
that the motor vehicle be returned to the owner if:
(1) the prosecutor has failed to make the certification
required by paragraph (b);
(2) the owner of the motor vehicle has demonstrated to the
court's satisfaction that the owner has a defense to the
forfeiture, including but not limited to the defenses contained
in subdivision 2; or
(3) the court determines that seizure of the vehicle
creates or would create an undue hardship for members of the
owner's family.
(d) (c) If the defendant is acquitted or prostitution
charges against the defendant are dismissed, neither the owner
nor the defendant is responsible for paying any costs associated
with the seizure or storage of the vehicle.
(e) (d) A vehicle leased or rented under section 168.27,
subdivision 4, for a period of 180 days or less is not subject
to forfeiture under this subdivision.
Sec. 60. Minnesota Statutes 1993 Supplement, section
609.605, subdivision 1, 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 paragraph (b),
clause (8) (9), 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 (9), 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
(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
abuse, disturb, or cause distress in 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. 61. Minnesota Statutes 1993 Supplement, section
609.749, subdivision 5, is amended to read:
Subd. 5. [PATTERN OF HARASSING CONDUCT.] (a) A person who
engages in a pattern of harassing conduct with respect to a
single victim or one or more members of a single household in a
manner that would cause a reasonable person under the
circumstances to feel terrorized or to fear bodily harm and that
does cause this reaction on the part of the victim, is guilty of
a felony and may be sentenced to imprisonment for not more than
ten years or to payment of a fine of not more than $20,000, or
both.
(b) For purposes of this subdivision, a "pattern of
harassing conduct" means two or more acts within a five-year
period that violate the provisions of any of the following:
(1) this section;
(2) section 609.713;
(3) section 609.224;
(4) section 518B.01, subdivision 14;
(5) section 609.748, subdivision 6;
(6) section 609.605, subdivision 1, paragraph (a) (b),
clause (7);
(7) section 609.79; or
(8) section 609.795.
Sec. 62. [REVISOR'S INSTRUCTION.]
In the next and subsequent editions of Minnesota Statutes,
the revisor of statutes shall substitute the term "biological
parent" for the term "natural parent" wherever it appears.
Sec. 63. Laws 1991, chapter 306, section 26, is repealed.
Sec. 64. Laws 1992, chapter 513, article 4, section 60, is
amended to read:
Sec. 60. [REPEALER.]
Minnesota Statutes 1990, section 41A.051, is repealed.
Minnesota Statutes 1990, section 270.185, is repealed effective
January 1, 1993. On that date, any balance in the reassessment
account of the special revenue fund is transferred to the
general fund. The repeal of Minnesota Statutes 1991 Supplement,
section 326.991, provided for in Laws 1991, chapter 306, section
26, is postponed until July 31, 1994.
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
65A.33, subd. 1 65A.43 65A.42
116J.557, subds. 1 216C.11 to 116J.551 to
and 2 216C.16 116J.557
120.064, subd. 8 121.901 121.904
paragraph (h)
121.912, subd. 1 123.705, subd. 1 123.7045
121.93, subd. 1 121.937 121.936
121.931, subd. 1 121.937 121.936
121.935, subd. 1 121.937 121.936
121.935, subd. 2 121.90 121.904
121.936, subd. 4a 121.90 121.904
123.701 123.705 123.7045
124.14, subd. 2 121.90 121.904
124.155, subd. 2 124.331 124A.225
124.214, subd. 2 275.125, subd. 8b 124.2711, subd. 2a
124.214, subd. 3, 275.125, subd. 8b 124.2711, subd. 2a
paragraph (a)
124.36 124.47 124.46
124.37 124.47 124.46
124.38, subd. 1 124.47 124.46
124.38, subd. 3 124.47 124.46
124.39, subd. 1 124.47 124.46
124.41, subd. 1 124.47 124.46
124.41, subd. 2 124.47 124.46
124.472 124.47 124.46
124.473 124.47 124.46
124.474 124.47 124.46
124.476 124.47 124.46
124.477 124.47 124.46
124.479 124.47 124.46
124.91, subd. 6 116J.37 216C.37
124A.225, subd. 8a 275.125 124.226
125.70 124C.27 to 125.701 to
124C.31 125.705
126.269 126.268 126.267
144.99, subd. 1 144.76 144.74
148B.27 148B.72 148B.71
181A.04, subd. 6 124A.45 124C.45
277.21, subd. 1 274.19 273.125
290A.03, subd. 6 274.19 273.125
298.27 336A.4A-401 336.4A-401
Sec. 2. Minnesota Statutes 1993 Supplement, 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, 268.9771,
268.978, 268.9781, and 268.9782. 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. 3. Minnesota Statutes 1992, section 17.47,
subdivision 3, is amended to read:
Subd. 3. [AQUATIC FARM.] "Aquatic farm" means a facility
used for the purpose of culturing private aquatic life in
waters, including but not limited to artificial ponds, vats,
tanks, raceways, other indoor or outdoor facilities that an
aquatic farmer owns or where an aquatic farmer has exclusive
control of, fish farms licensed under section 97C.209, or
private fish hatcheries licensed under section 97C.211 for the
sole purpose of processing or cultivating aquatic life.
Sec. 4. Minnesota Statutes 1992, section 41A.05,
subdivision 2, is amended to read:
Subd. 2. [ISSUANCE OF BONDS.] (a) The board by resolution
may exercise the powers of a rural development authority under
sections 469.142 to 469.151 and the powers of a municipality
under sections 469.152 to 469.165 for the purposes of financing
one or more projects, including the issuance of bonds and the
application of the bond proceeds and investment income pursuant
to a lease, loan, loan guaranty, loan participation, or other
agreement. The bonds must be issued, sold, and secured on the
terms and conditions and in the manner determined by resolution
of the board. Section 16A.80 does not apply to the bonds.
Notwithstanding subdivision 1, a reserve established for the
bonds provided by the borrower, including out of bond proceeds,
may be deposited and held in a separate account in the Minnesota
agricultural and economic development account and applied to the
last installments of principal or interest on the bonds, subject
to the reserves being withdrawn for any purpose permitted by
subdivision 1. The board may by resolution or indenture pledge
any or all amounts in the fund, including any reserves and
investment income on amounts in the fund, to secure the payment
of principal and interest on any or all series of bonds, upon
the terms and conditions as provided in the resolution or
indenture. To the extent the board deems necessary or desirable
to prevent interest on bonds from becoming subject to federal
income taxation, (1) the amounts in the fund shall be invested
in obligations or securities with restricted yields and (2) the
investment income on the amounts are released from the pledge
securing the bonds or loan guaranty and appropriately applied to
prevent taxation.
(b) Bonds issued pursuant to this chapter are not general
obligations of the state or the board. The full faith and
credit and taxing powers of the state and the board are not and
may not be pledged for the payment of the bonds. No person may
compel the levy of a tax for the payment or compel the
appropriation of money of the state or the board for the payment
of the bonds, except as specifically provided in this chapter.
(c) For purposes of sections 474A.01 to 474A.21, the board
is a local issuer and may apply for allocations of authority to
issue private activity obligations and may enter into an
agreement for the issuance of obligations by another issuer.
Sec. 5. Minnesota Statutes 1992, section 60B.04,
subdivision 1, is amended to read:
Subdivision 1. [ACTIONS BY COMMISSIONER.] Except as
provided in subdivision 2 and section 60B.24, subdivision 1, no
delinquency proceeding shall be commenced under sections 60B.01
to 60B.61 by anyone other than the commissioner, including an
acting commissioner, of this state and no court shall have
jurisdiction to entertain, hear, or determine any proceeding
under sections 60B.01 to 60B.61 commenced by any other person.
Sec. 6. Minnesota Statutes 1992, section 60B.09,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL REPORT OF PROCEEDINGS.] The
commissioner shall include in a biennial report:
(a) The names of the insurers proceeded against under
sections 60B.15, 60B.20, 60B.24, 60B.52, 60B.53, and 60B.55, and
such other facts as indicate in reasonable detail formal
proceedings under sections 60B.01 to 60B.61; and
(b) Such facts as generally indicate the utilization and
effectiveness of proceedings under sections 60B.11, 60B.12, and
60B.13.
Sec. 7. Minnesota Statutes 1992, section 60B.09,
subdivision 3, is amended to read:
Subd. 3. [REPORTS ON INSURERS SUBJECT TO PROCEEDINGS.] The
commissioner as receiver shall make and file annual reports and
any other required reports for the companies proceeded against
under sections 60B.15, 60B.20, 60B.24, 60B.52, 60B.53, and
60B.55 in the manner and form and within the time required by
law of insurers authorized to do business in this state, and
under the same penalties for failure to do so.
Sec. 8. Minnesota Statutes 1993 Supplement, section
115C.082, subdivision 1, is amended to read:
Subdivision 1. [FUND ESTABLISHED.] A lead fund is created
in the state treasury. The fund consists of all revenue
deposited in the fund under sections 115C.081 and 297E.01,
subdivision 11, and all other money and interest made available
to the fund by law.
Sec. 9. Minnesota Statutes 1992, section 120.101,
subdivision 2, is amended to read:
Subd. 2. [APPLICABILITY.] This section and sections
120.102; 120.103; 120.11; 120.13; 120.14; 120.15; 120.16;
127.19; and 127.20 apply only to a child required to receive
instruction according to subdivision 5 and to instruction that
is intended to fulfill that requirement.
Sec. 10. Minnesota Statutes 1992, section 120.101,
subdivision 6, is amended to read:
Subd. 6. [CURRICULUM.] Instruction must be provided in at
least the following subject areas:
(1) basic communication skills including reading and
writing, literature, and fine arts;
(2) mathematics and science;
(3) social studies including history, geography, and
government; and
(4) health and physical education.
Instruction, textbooks, and materials must be in the
English language. Another language may be used as set forth in
section 126.07 pursuant to sections 126.262 to 126.265.
Sec. 11. Minnesota Statutes 1992, section 121.88,
subdivision 8, is amended to read:
Subd. 8. [YOUTH DEVELOPMENT PLANS.] A district advisory
council may prepare a youth development plan. The council is
encouraged to use the state model plan developed under section
121.87, subdivision 1a, guidelines when developing the local
plan. The school board may approve the youth development plan.
Sec. 12. Minnesota Statutes 1993 Supplement, section
124.195, subdivision 8, is amended to read:
Subd. 8. [PAYMENT PERCENTAGE FOR REIMBURSEMENT AIDS.] One
hundred percent of the aid for the last fiscal year must be paid
for the following aids: special education pupil aid according
to section 124.32, subdivision 6; special education summer
school aid, according to section 124.32, subdivision 10; and
planning, evaluating, and reporting process aid according to
section 124.274.
Sec. 13. Minnesota Statutes 1992, section 125.611,
subdivision 1, is amended to read:
Subdivision 1. [CRITERIA.] For purposes of this section,
"teacher" means a teacher as defined in section 125.03,
subdivision 1, who:
(a) is employed in the public elementary, secondary, or
technical colleges in the state and
(b) either
(1)(i) has not less than 15 total years of full-time
teaching service in elementary, secondary, and technical
colleges, or at least 15 years of allowable service as defined
in sections 354.05, subdivision 13; 354.092; 354.093; 354.094;
354.53; 354.531; 354.66; 354A.011, subdivision 4; 354A.091;
354A.092; 354A.093; 354A.094; or Laws 1982, chapter 578, article
II, section 1 and
(ii) has or will have attained the age of 55 years but less
than 65 years as of the June 30 in the school year during which
an application for an early retirement incentive is made, or
(2) has not less than 30 total years of full-time teaching
service in elementary, secondary, and technical colleges, or at
least 30 years of allowable service as defined in sections
354.05, subdivision 13; 354.092; 354.093; 354.094; 354.53;
354.531; 354.66; 354A.011, subdivision 4; 354A.091; 354A.092;
354A.093; 354A.094; or Laws 1982, chapter 578, article II,
section 1.
Sec. 14. Minnesota Statutes 1992, section 160.265, is
amended to read:
160.265 [BIKEWAY PROGRAM.]
Subdivision 1. [STATE BIKEWAYS.] The commissioner of
transportation shall establish a program for the development of
bikeways primarily on existing road rights-of-way. The program
shall include a system of bikeways to be established, developed,
maintained, and operated by the commissioner of transportation
and a system of state grants for the development of local
bikeways primarily on existing road rights-of-way. The program
shall be coordinated with the local park trail grant program
established by the commissioner of trade and economic
development pursuant to section 116J.406 85.019, with the
bicycle trail program established by the commissioner of natural
resources pursuant to section 85.016, with the development of
the statewide transportation plan pursuant to section 174.03,
and with existing and proposed local bikeways. In the
metropolitan area as defined in section 473.121, the program
shall be developed in accordance with plans and priorities
established by the metropolitan council. The program shall be
developed after consultation with the state trail council, local
units of government, and bicyclist organizations. The program
shall be administered in accordance with the provisions of
sections 160.262 to 160.264 and standards promulgated pursuant
thereto. The commissioner shall compile and maintain a current
registry of bikeways in the state and shall publish and
distribute the information contained in the registry in a form
and manner suitable to assist persons wishing to use the
bikeways. The metropolitan council, the commissioner of natural
resources, the commissioner of trade and economic development,
the Minnesota historical society, and local units of government
shall cooperate with and assist the commissioner of
transportation in preparing the registry. The commissioner
shall have all powers necessary and convenient to establish the
program pursuant to this section including but not limited to
the authority to adopt rules pursuant to chapter 14.
Subd. 2. [LOCAL BIKEWAY GRANTS.] The commissioner shall
provide technical assistance to local units of government in
planning and developing bikeways. The commissioner shall make
grants to units of government as defined in section
116J.406 85.019, subdivision 1, for the betterment of public
land and improvements needed for local bikeways. In making
grants the commissioner shall consider, among other factors, the
number of bicycles in the localities. A grant shall not exceed
75 percent of the costs of the betterment of the bikeway. To be
eligible for a grant, a unit of government must provide at least
25 percent of the costs of the betterment of the bikeway. The
commissioner may adopt emergency rules pursuant to sections
14.05 to 14.36 to commence the grant program immediately.
Sec. 15. Minnesota Statutes 1992, section 214.01,
subdivision 3, is amended to read:
Subd. 3. [NON-HEALTH-RELATED LICENSING BOARD.]
"Non-health-related licensing board" means the board of teaching
established pursuant to section 125.183, the board of barber
examiners established pursuant to section 154.22, the board of
assessors established pursuant to section 270.41, the board of
architecture, engineering, land surveying, landscape
architecture, and interior design established pursuant to
section 326.04, the board of accountancy established pursuant to
section 326.17, the board of electricity established pursuant to
section 326.241, the private detective and protective agent
licensing board established pursuant to section 326.33, the
board of boxing established pursuant to section 341.01, the
board of abstracters established pursuant to section 386.63, and
the peace officer standards and training board established
pursuant to section 626.841.
Sec. 16. Minnesota Statutes 1992, section 214.13,
subdivision 1, is amended to read:
Subdivision 1. [APPLICATION FOR CREDENTIAL.] The
commissioner of health shall promote the recognition of human
services occupations useful in the effective delivery of human
services. The commissioner shall coordinate the development of
a credentials policy among the health-related licensing boards
consistent with section 214.001. The commissioner shall,
consistent with section 214.001, establish procedures for the
identification of human services occupations not now
credentialed by the state, recommend appropriate regulatory
modes, and promulgate by rule standards and procedures relating
to the credentialing of persons practicing in the affected
occupations. At the time of submission of a letter of intent to
enter the credentialing process, an occupational applicant group
shall pay a fee of $1,000 to the commissioner. The fee is
nonrefundable and must be deposited with the state treasurer and
credited to the general fund. The commissioner may require an
occupational applicant group to submit information relating to,
and to recommend and justify regulatory modes and standards
consistent with, the provisions of section 214.001. If the
commissioner determines that credentialing of an occupation is
appropriate, the commissioner is empowered only to register the
occupation. Before promulgating any rules resulting in
registration for an occupation the commissioner shall consult
with state boards or agencies charged with regulating similar
occupations in order to define the scope and range of practice
for the registered occupation and the degree of supervision
required. As used in this section and section 214.141,
registration is defined as in section 214.001, subdivision 3,
clause (c).
Sec. 17. Minnesota Statutes 1993 Supplement, section
326.975, subdivision 2, is amended to read:
Subd. 2. [ACCELERATED CLAIMS PAYMENT.] Recovery fund
claims that do not exceed the jurisdiction limits for
conciliation court matters as specified in section 487.30
491A.01 shall be paid on an accelerated basis if all of the
following requirements have been satisfied:
(a) When any aggrieved person obtains a judgment in any
court of competent jurisdiction, regardless of whether the
judgment has been discharged by a bankruptcy court against a
residential building contractor or residential remodeler on
grounds specified in subdivision 1, paragraph (a), clause (2),
the aggrieved person may file a verified application with the
commissioner for payment out of the fund of the amount of actual
and direct out-of-pocket loss in the transaction, but excluding
any attorney fees, interest on the loss and on any judgment
obtained as a result of the loss, up to the conciliation court
jurisdiction limits, of the amount unpaid upon the judgment.
For purposes of this section, persons who are joint tenants or
tenants in common are deemed to be a single claimant.
(b) The commissioner has sent the licensee a copy of the
verified application by first-class mail to the licensee's
address as it appears in the records of the department of
commerce with a notice that the claim will be paid 15 days from
the date of the notice unless the licensee notifies the
commissioner prior to that date of the commencement of an appeal
of the judgment, if the time for appeal has not expired, and
that payment of the claim will result in automatic suspension of
the licensee's license.
(c) If the licensee does not notify the commissioner of the
commencement of an appeal, the commissioner shall pay the claim
at the end of the 15-day period.
(d) If an appeal is commenced, the payment of the claim is
stayed until the conclusion of the appeal.
(e) The commissioner may pay claims which total no more
than $15,000 against the licensee under this accelerated
process. The commissioner may prorate the amount of claims paid
under this subdivision if claims in excess of $15,000 against
the licensee are submitted. Any unpaid portions of such claims
shall be satisfied in the manner set forth in subdivision 1.
Sec. 18. Minnesota Statutes 1992, section 331A.06,
subdivision 4, is amended to read:
Subd. 4. When a statute refers to publication of a public
notice at the legal rate or at the rate provided in section
331.08, the maximum rate shall be as provided in this section.
Sec. 19. Minnesota Statutes 1992, section 352.119,
subdivision 1, is amended to read:
Subdivision 1. [ADJUSTABLE FIXED BENEFIT ANNUITY.]
Adjustable fixed benefit annuity means the payments made from
the participation in the fund to an annuitant after retirement
in accordance with this section. It also means that the
payments made to the persons receiving benefits must never be
less than the amount originally determined on the date of
retirement or on July 1, 1969, whichever is later, but not
including the supplemental benefit provided for in section
352.73.
Sec. 20. Minnesota Statutes 1992, section 423B.12, is
amended to read:
423B.12 [MANDATORY RETIREMENT; CONSEQUENCE OF CONTINUED
ACTIVE MEMBERSHIP.]
Notwithstanding the provisions of section 197.45,
subdivision 2, and Subject only to the provisions of section
423.075, an active member must retire upon attaining age 65, and
upon attaining age 65 must cease to be an active member of the
association. An active member who knowingly fails or refuses to
comply with this section thereby renders the person and the
person's survivors ineligible for any pension or benefits
provided under sections 423B.01 to 423B.18, as amended. A
person who has ceased to be an active member of the association
or has knowingly failed or refused to retire, is entitled only
for the refund in an amount equal to $100 per year of service
credit, payable in a lump sum.
ARTICLE 3
CONFLICT NOTES
Section 1. [REPEALER.]
Laws 1977, chapter 11, section 8, is repealed.
Sec. 2. [REPEALER.]
Laws 1982, chapter 514, sections 18 and 19, are repealed.
Sec. 3. [REPEALER.]
Laws 1983, chapter 247, section 130, is repealed.
Sec. 4. [REPEALER.]
Laws 1984, chapter 628, article 2, section 4, is repealed.
Sec. 5. [REPEALER.]
Laws 1985, First Special Session chapter 9, article 2,
sections 81 and 82, are repealed.
Sec. 6. [REPEALER.]
Laws 1985, First Special Session chapter 13, section 191,
is repealed.
Sec. 7. [REPEALER.]
Laws 1985 First Special Session, chapter 14, article 9,
section 16, is repealed.
Sec. 8. [REPEALER.]
Laws 1987, chapter 197, section 1, is repealed.
Sec. 9. [REPEALER.]
Laws 1987, chapter 315, section 4, subdivision 2, is
repealed.
Sec. 10. [REPEALER.]
Laws 1987, chapter 336, section 35, is repealed.
Sec. 11. [REPEALER.]
Laws 1988, chapter 441, section 2, is repealed.
Sec. 12. [REPEALER.]
Laws 1988, chapter 486, section 15, is repealed.
Sec. 13. [REPEALER.]
Laws 1988, chapter 486, section 68, is repealed.
Sec. 14. [REPEALER.]
Laws 1988, chapter 496, section 8, is repealed.
Sec. 15. [REPEALER.]
Laws 1988, chapter 514, section 5, is repealed.
Sec. 16. [REPEALER.]
Laws 1988, chapter 636, section 3, is repealed.
Sec. 17. [REPEALER.]
The amendment to Minnesota Statutes 1988, section 245.482,
subdivision 1, that was enacted as a part of Laws 1989, chapter
89, section 1, which also renumbered subdivision 1 as
subdivision 2, is repealed.
Sec. 18. [REPEALER.]
Laws 1989, chapter 89, section 13, is repealed.
Sec. 19. [REPEALER.]
Laws 1989, chapter 133, section 1, is repealed.
Sec. 20. [REPEALER.]
Laws 1989, chapters 144, article 2, section 8, and 356,
section 18, are repealed.
Sec. 21. [REPEALER.]
Laws 1989, chapter 209, article 2, section 8, is repealed.
Sec. 22. [REPEALER.]
Laws 1989, chapter 209, article 2, section 34, is repealed.
Sec. 23. [REPEALER.]
Laws 1989, chapter 222, section 10, is repealed.
Sec. 24. [REPEALER.]
Laws 1989, chapter 222, sections 21 and 22, are repealed.
Sec. 25. [REPEALER.]
Laws 1989, chapter 222, section 36, is repealed.
Sec. 26. [REPEALER.]
Laws 1989, chapter 271, section 32, is repealed.
Sec. 27. [REPEALER.]
Laws 1989, chapter 282, article 2, section 144, is repealed.
Sec. 28. [REPEALER.]
Laws 1989, chapter 282, article 2, section 186, is repealed.
Sec. 29. [REPEALER.]
Laws 1989, chapter 293, section 74, is repealed.
Sec. 30. [REPEALER.]
Laws 1989, chapter 319, article 13, section 22, is repealed.
Sec. 31. [REPEALER.]
Laws 1989, chapter 319, article 13, section 55, is repealed.
Sec. 32. [REPEALER.]
Laws 1989, chapter 329, article 5, section 10, is repealed.
Sec. 33. [REPEALER.]
Laws 1989, chapter 334, article 2, section 17, is repealed.
Sec. 34. [REPEALER.]
Laws 1989, chapter 335, article 1, section 200, is repealed.
Sec. 35. [REPEALER.]
Laws 1989, chapter 335, article 1, section 255, is repealed.
Sec. 36. [REPEALER.]
Laws 1989, chapter 353, section 10, is repealed.
Sec. 37. [REPEALER.]
Laws 1990, chapter 426, article 1, section 5, is repealed.
Sec. 38. [REPEALER.]
Laws 1990, chapter 426, article 1, section 32, is repealed.
Sec. 39. [REPEALER.]
Laws 1990, chapter 480, article 5, section 6, is repealed.
Sec. 40. [REPEALER.]
Laws 1990, chapter 480, article 5, section 9, is repealed.
Sec. 41. [REPEALER.]
Laws 1990, chapter 480, article 9, section 3, is repealed.
Sec. 42. [REPEALER.]
Laws 1990, chapter 512, section 12, is repealed.
Sec. 43. [REPEALER.]
Laws 1990, chapter 562, article 10, section 1, is repealed.
Sec. 44. [REPEALER.]
Laws 1990, chapters 571, section 39; and 594, article 3,
sections 6 and 7, are repealed.
Sec. 45. [REPEALER.]
Laws 1990, chapter 574, section 5, is repealed.
Sec. 46. [REPEALER.]
Laws 1991, chapter 58, sections 1, 2, 3, 4, 5, 6, 7, and 8,
are repealed.
Sec. 47. [REPEALER.]
Laws 1991, chapter 130, section 24, is repealed.
Sec. 48. [REPEALER.]
Laws 1991, chapter 174, section 8, is repealed.
Sec. 49. [REPEALER.]
Laws 1991, chapter 199, article 1, section 71, is repealed.
Sec. 50. [REPEALER.]
Laws 1991, chapter 238, article 1, section 7, is repealed.
Sec. 51. [REPEALER.]
Laws 1991, chapter 265, article 4, section 19, is repealed.
Sec. 52. [REPEALER.]
Laws 1991, chapter 292, article 4, section 45, is repealed.
Sec. 53. [REPEALER.]
Laws 1991, chapter 336, article 2, section 2, is repealed.
Sec. 54. [REPEALER.]
Laws 1991, chapter 340, section 1, is repealed.
Sec. 55. [REPEALER.]
Laws 1991, chapter 340, section 32, is repealed.
Sec. 56. [REPEALER.]
Laws 1991, chapter 345, article 2, section 46, is repealed.
Sec. 57. [REPEALER.]
Laws 1992, chapter 432, article 2, section 41, is repealed.
Sec. 58. [REPEALER.]
Laws 1992, chapter 437, section 1, is repealed.
Sec. 59. [REPEALER.]
Laws 1992, chapter 499, article 6, section 15, is repealed.
Sec. 60. [REPEALER.]
Laws 1993, chapters 4, section 9; and 369, section 38, are
repealed.
Sec. 61. [REPEALER.]
Laws 1993, chapters 47, sections 1, 4, 6, and 9; and 247,
article 2, section 9, are repealed.
Sec. 62. [REPEALER.]
Laws 1993, chapter 78, section 3, is repealed.
Sec. 63. [REPEALER.]
Laws 1993, chapter 101, section 1, is repealed.
Sec. 64. [REPEALER.]
Laws 1993, chapter 224, article 13, section 3, is repealed.
Sec. 65. [REPEALER.]
Laws 1993, chapter 224, article 13, section 43, is repealed.
Sec. 66. [REPEALER.]
Laws 1993, chapter 247, article 1, section 11, is repealed.
Sec. 67. [REPEALER.]
Laws 1993, chapter 269, section 17, is repealed.
Sec. 68. [REPEALER.]
Laws 1993, chapter 286, section 2, is repealed.
Sec. 69. [REPEALER.]
Laws 1993, chapter 286, section 21, is repealed.
Sec. 70. [REPEALER.]
Laws 1993, chapter 303, sections 15, 17, and 18, are
repealed.
Sec. 71. [REPEALER.]
Laws 1993, chapter 339, section 12, is repealed.
Sec. 72. [REPEALER.]
Laws 1993, chapter 369, section 128, is repealed.
Sec. 73. [REPEALER.]
Laws 1993, First Special Session chapter 1, article 2,
section 6, is repealed.
Presented to the governor April 18, 1994
Signed by the governor April 21, 1994, 11:52 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes