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1995 Minnesota Session Laws

Key: (1) language to be deleted (2) new language

                            CHAPTER 186-S.F.No. 1118 
                  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                  conflicting, and superseded provisions; making 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 1994, sections 
                  3A.01, subdivision 7; 3A.02, subdivision 1; 3A.11, 
                  subdivision 4; 3C.10, subdivision 3; 9.071; 11A.18, 
                  subdivision 10; 13.99, subdivision 92c; 15.061; 15.56, 
                  subdivision 5; 17.1015; 29.021; 31.495, subdivisions 1 
                  and 5; 32.01, subdivision 6; 60B.02; 72A.20, 
                  subdivision 29; 72C.03; 72C.04, subdivision 4; 82.34, 
                  subdivision 6; 84.025, subdivision 7; 84.0895, 
                  subdivision 2; 84.0911, subdivision 2; 85.016; 90.251, 
                  subdivision 4; 92.46, subdivision 1; 97A.115, 
                  subdivision 2; 103F.516, subdivision 2; 103G.2365; 
                  116.03, subdivision 2; 116C.724, subdivision 2; 
                  116C.98, subdivision 3; 116J.035, subdivision 1; 
                  116J.402; 116J.70, subdivision 2a; 124.916, 
                  subdivision 1; 126.25, subdivision 3; 134.341; 
                  136A.40; 144.3831, subdivision 1; 145A.07, subdivision 
                  1; 147.01, subdivision 5; 154.161, subdivision 3; 
                  162.09, subdivision 1; 192.261, subdivision 3; 
                  192.501, subdivision 2; 193.36, subdivision 2; 201.15, 
                  subdivision 1; 270.69, subdivision 10; 271.21, 
                  subdivision 6; 275.066; 290.01, subdivisions 3a and 
                  19d; 290.05, subdivision 3; 294.03, subdivision 2; 
                  297A.25, subdivision 21; 299F.72, subdivision 1; 
                  299L.05; 299L.07, subdivision 2a; 308A.503, 
                  subdivision 3; 317A.733, subdivisions 1 and 2; 
                  340A.503, subdivision 1; 349.12, subdivision 25; 
                  349.17, subdivision 6; 352.01, subdivision 2a; 354.07, 
                  subdivision 7; 360.305, subdivisions 1, 2, and 5; 
                  365.125, subdivision 2; 383A.90, subdivision 2; 
                  383D.71, subdivision 2; 462C.12, subdivision 2; 
                  473.121, subdivision 11; 473.149, subdivision 4; 
                  473.192, subdivision 4; 473.3993, subdivision 1; 
                  473.405, subdivisions 1 and 12; 473.598, subdivision 
                  4; 473.599, subdivision 8; 473.811, subdivisions 1a 
                  and 5; 473.834, subdivision 2; 474A.061, subdivision 
                  2a; 518.551, subdivision 5; 518C.101; 524.2-210; 
                  525.011, subdivision 1; 554.04, subdivision 2; 
                  609.342, subdivision 1; 609.561, subdivision 3; and 
                  609.66, subdivision 1d; Laws 1993, chapter 273, 
                  section 1, as amended; Laws 1994, chapter 628, article 
                  2, section 5; and Laws 1994, chapter 647, article 7, 
                  section 19, subdivision 4; repealing Minnesota 
                  Statutes 1994, sections 13.99, subdivision 71; 
                  103B.151, subdivision 3; 134.32, subdivision 2; 
                  256B.0925; 297A.25, subdivision 50; 383B.614, 
                  subdivision 5; 469.110, subdivision 9; 469.170, 
                  subdivision 9; 611A.032; 624.01; and 624.03; Laws 
                  1986, First Special Session chapter 1, article 9, 
                  section 18; First Special Session chapter 2, article 
                  3, section 1; Laws 1987, chapter 254, section 8; Laws 
                  1988, chapter 486, section 59; Laws 1990, chapter 562, 
                  article 10, section 1; Laws 1993, chapter 146, article 
                  5, section 15; Laws 1994, chapter 485, section 14; 
                  chapter 647, article 1, section 4; article 8, section 
                  46, paragraph (b); article 13, sections 3 and 14. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 3A.01, 
        subdivision 7, is amended to read: 
           Subd. 7.  [AVERAGE MONTHLY SALARY.] "Average monthly 
        salary" means the average of the member's highest five 
        successive years of salary received as a member of the 
        legislature and upon which the member has made contributions 
        under section 3A.03, subdivision 1, payments for past service 
        under section 3A.02, subdivision 2, or payments in lieu of 
        contributions under Minnesota Statutes 1992, section 3A.031, 
        prior to July 1, 1994. 
           Sec. 2.  Minnesota Statutes 1994, section 3A.02, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [QUALIFICATIONS.] (a) A former legislator 
        is entitled, upon written application to the director, to 
        receive a retirement allowance monthly, if the person: 
           (1) has served at least six full years, without regard to 
        the application of section 3A.10, subdivision 2, or has served 
        during all or part of four regular sessions as a member of the 
        legislature, which service need not be continuous; 
           (2) has attained the normal retirement age; 
           (3) has retired as a member of the legislature; and 
           (4) has made all contributions provided for in section 
        3A.03, has made payments for past service under subdivision 2, 
        or has made payments in lieu of contributions under Minnesota 
        Statutes 1992, section 3A.031, prior to July 1, 1994. 
           (b) For service rendered before the beginning of the 1979 
        legislative session, but not to exceed eight years of service, 
        the retirement allowance is an amount equal to five percent per 
        year of service of that member's average monthly salary.  For 
        service in excess of eight years rendered before the beginning 
        of the 1979 legislative session, and for service rendered after 
        the beginning of the 1979 legislative session, the retirement 
        allowance is an amount equal to 2-1/2 percent per year of 
        service of that member's average monthly salary. 
           (c) The retirement allowance accrues beginning with the 
        first day of the month of receipt of the application, but not 
        before age 60, and for the remainder of the former legislator's 
        life, if the former legislator is not serving as a member of the 
        legislature or as a constitutional officer or commissioner as 
        defined in section 352C.021, subdivisions 2 and 3.  The annuity 
        shall not begin to accrue prior to retirement as a legislator.  
        No annuity payment shall be made retroactive for more than 180 
        days before the date the annuity application is filed with the 
        director. 
           (d) Any member who has served during all or part of four 
        regular sessions is considered to have served eight years as a 
        member of the legislature. 
           (e) The retirement allowance ceases with the last payment 
        that accrued to the retired legislator during the retired 
        legislator's lifetime, except that the surviving spouse, if any, 
        is entitled to the retirement allowance for the calendar month 
        in which the retired legislator died. 
           Sec. 3.  Minnesota Statutes 1994, section 3A.11, 
        subdivision 4, is amended to read: 
           Subd. 4.  [AUTOMATIC INCREASES; EXCEPTION.] Notwithstanding 
        section 356.18 Increases in benefit payments pursuant to this 
        section will be made automatically unless the intended recipient 
        files written notice with the director requesting that the 
        increase shall not be made. 
           Sec. 4.  Minnesota Statutes 1994, section 3C.10, 
        subdivision 3, is amended to read: 
           Subd. 3.  [NEGOTIATED CONTRACTS.] The revisor's office may 
        negotiate for all or part of the editing, indexing, compiling, 
        and printing of Minnesota Statutes, supplements to Minnesota 
        Statutes, and Laws of Minnesota and contract with a law book 
        publisher for these services.  The provisions of chapter 16 16B 
        as they relate to competitive bidding do not apply to these 
        contracts.  No contract may be made until the revisor of 
        statutes has consulted with the legislative coordinating 
        commission.  Failure or refusal of the commission to make a 
        recommendation promptly shall be deemed an affirmative 
        recommendation.  
           Sec. 5.  Minnesota Statutes 1994, section 9.071, is amended 
        to read: 
           9.071 [SETTLEMENT OF CLAIMS; OTHER SPECIFIED POWERS.] 
           The council has the powers with respect to the: 
           (1) cancellation or compromise of claims due the state 
        provided in sections 10.12 to 10.15; 
           (2) timberlands provided in sections 90.031, 90.041, 
        90.151; 
           (3) (2) lands acquired from the United States provided in 
        section 94.50; 
           (4) (3) lands subject to delinquent drainage assessments 
        provided in section 84A.20; 
           (5) (4) transfer of lands between departments of state 
        government provided in section 15.16; 
           (6) (5) sale or exchange of lands within national forests 
        provided in sections 92.30 and 92.31; 
           (7) (6) approval of acquisition of land for camping or 
        parking area provided in sections 97A.135 and 97A.141; 
           (8) (7) modification of iron leases provided in section 
        93.191; 
           (9) (8) awarding permits to prospect for iron ore provided 
        in section 93.17; 
           (10) (9) approval of rules for issuance of permits to 
        prospect for minerals under state lands provided in section 
        93.08; 
           (11) (10) construction of dams provided in section 103G.545.
           Sec. 6.  Minnesota Statutes 1994, section 11A.18, 
        subdivision 10, is amended to read: 
           Subd. 10.  [PAYMENT OF POSTRETIREMENT ADJUSTMENT.] Upon 
        receiving the certification of the amount of the full 
        postretirement adjustment from the state board, each 
        participating public pension fund or plan shall determine the 
        amount of the postretirement adjustment payable to each eligible 
        annuitant and benefit recipient.  The dollar amount of the 
        postretirement adjustment shall be calculated by applying the 
        certified postretirement adjustment percentage to the amount of 
        the monthly annuity or benefit payable to each eligible 
        annuitant or benefit recipient eligible for a full adjustment.  
           The dollar amount of the partial postretirement adjustment 
        payable to each annuitant or benefit recipient eligible for a 
        partial adjustment shall be calculated by first determining a 
        partial percentage amount that bears the same ratio to the 
        certified full adjustment percentage amount as the number of 
        full months of annuity or benefit receipt as of the current June 
        30 bears to 12 full months.  The partial percentage amount 
        determined shall then be applied to the amount of the monthly 
        annuity or benefit payable to each annuitant or benefit 
        recipient eligible to receive a partial postretirement 
        adjustment.  The postretirement adjustments shall commence to be 
        paid on January 1 following the calculations required pursuant 
        to this section and shall thereafter be included in the monthly 
        annuity or benefit paid to the recipient.  Notwithstanding 
        section 356.18, Any adjustments pursuant to this section shall 
        be paid automatically unless the intended recipient files a 
        written notice with the applicable participating public pension 
        fund or plan requesting that the adjustment not be paid. 
           Sec. 7.  [REPEALER.] 
           Minnesota Statutes 1994, section 13.99, subdivision 71, is 
        repealed. 
           Sec. 8.  Minnesota Statutes 1994, section 13.99, 
        subdivision 92c, is amended to read: 
           Subd. 92c.  [SPORTS BOOKMAKING TAX.] Disclosure of facts 
        contained in a sports bookmaking tax return is prohibited by 
        section 349.2115, subdivision 8 297E.03, subdivision 8. 
           Sec. 9.  Minnesota Statutes 1994, section 15.061, is 
        amended to read: 
           15.061 [CONSULTANT, PROFESSIONAL AND TECHNICAL SERVICES.] 
           Pursuant to the provisions of section 16B.17, the head of a 
        state department or agency may, with the approval of the 
        commissioner of administration, contract for consultant services 
        and professional and technical services in connection with the 
        operation of the department or agency.  A contract negotiated 
        under this section shall not be subject to the competitive 
        bidding requirements of chapter 16 16B. 
           Sec. 10.  Minnesota Statutes 1994, section 15.56, 
        subdivision 5, is amended to read: 
           Subd. 5.  [CONTRACTS BETWEEN AGENCIES.] Sending and 
        receiving agencies may contract for the services of interchanged 
        employees and by contract arrange for the method and amount of 
        payment for employees and other terms of their employment, so 
        far as not governed by sections 15.51 to 15.57.  Any interchange 
        of employees contemplated by a department, agency, or 
        instrumentality of the state which is subject to the provisions 
        of chapter 16 16B, shall be submitted for review to the 
        commissioner of administration before arrangements are entered 
        into for such interchange.  
           Sec. 11.  Minnesota Statutes 1994, section 17.1015, is 
        amended to read: 
           17.1015 [PROMOTIONAL EXPENDITURES.] 
           In order to accomplish the purposes of section 17.101, the 
        commissioner may participate jointly with private persons in 
        appropriate programs and projects and may enter into contracts 
        to carry out those programs and projects.  The contracts may not 
        include the acquisition of land or buildings and are not subject 
        to the provisions of chapter 16 16B relating to competitive 
        bidding. 
           The commissioner may spend money appropriated for the 
        purposes of section 17.101, and expenditures made pursuant to 
        section 17.101 for food, lodging, or travel are not governed by 
        the travel rules of the commissioner of employee relations.  
           Sec. 12.  Minnesota Statutes 1994, section 29.021, is 
        amended to read: 
           29.021 [POWERS AND DUTIES OF COMMISSIONER OF AGRICULTURE.] 
           The commissioner of agriculture shall have the power to 
        employ such persons as are necessary to carry out the provisions 
        of sections 29.021 to 29.081, and to fix all salaries and 
        provide for expenses generally not inconsistent with law.  The 
        commissioner is authorized and directed to formulate and adopt 
        plans whereby owners of poultry flocks and poultry breeding 
        flocks may, upon application, have their flocks culled, 
        inspected, and supervised, to the end that these flocks may be 
        accredited and certified for standard type and egg quality and 
        production; and likewise, poultry hatcheries and dealers may be 
        accredited and certified as hatching and selling products 
        produced only from accredited and certified flocks.  The 
        commissioner is authorized to make, publish, and enforce rules 
        to these ends, not inconsistent with law, and to define, 
        prescribe, and authorize the use of uniform terminology to apply 
        to varying degrees of accreditation and certification.  The 
        commissioner is authorized to adopt the "standard breeding plan" 
        of accreditation and certification sponsored by the United 
        States Department of Agriculture, or any other plan, and to 
        cooperate with that department in matters of poultry 
        improvement, egg quality and production.  The commissioner is 
        authorized to prescribe and collect fees for inspection and 
        supervision, and to prescribe and furnish labels, leg bands, and 
        certificates of accreditation and certification and such other 
        supplies as may be necessary, and to prescribe and collect fees 
        for the same.  Fees shall be fixed by the commissioner at the 
        beginning of each fiscal year and reviewed and adjusted, if 
        necessary, at the end of each six-month period in order that the 
        fees prescribed shall, insofar as practicable, cover the cost of 
        all services rendered.  The commissioner is authorized to do 
        such other things as the commissioner may deem needful and 
        expedient to improve poultry breeding and practices and egg 
        quality and production and to give effect to sections 29.021 to 
        29.091 29.081, in connection with those parties who wish to 
        comply with the programs promulgated in accordance with this 
        section. 
           Sec. 13.  Minnesota Statutes 1994, section 31.495, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [APPLICATIONS.] For the purposes of this 
        section and section 31.496, the terms defined in this 
        subdivision have the meanings given them: 
           (a) "Distressed food" means any food, the label of which 
        has been lost, defaced, or obliterated, or food which has been 
        subjected to possible damage due to accident, fire, flood, 
        adverse weather, or to any other similar cause; or food which is 
        suspected of having been rendered unsafe or unsuitable for food 
        use.  
           (b) "Reconditionable or salvageable food" is distressed 
        food which it is possible to reclaim for food, feed, or seed use 
        as determined by examination by the commissioner or the 
        commissioner's representatives.  
           (c) "Reconditioned or salvaged food" is reconditionable or 
        salvageable food which has been reconditioned or salvaged under 
        supervision of the commissioner so as to comply with the 
        standards established under this section.  
           (d) "Reconditioning" or "salvaging" is the act of cleaning, 
        culling, sorting, scouring, labeling, relabeling, or in any way 
        treating "distressed food" so that it may be deemed to be 
        "reconditioned" or "salvaged food" and therefore is acceptable 
        for sale or use as human food, animal feed, or seed as provided 
        therefor by the commissioner.  
           (e) "Salvage food processor" is a person who holds a 
        license under section 28A.04 to operate as a salvage food 
        processor and who receives supervision of the salvaging 
        operations from the commissioner.  
           (f) "Labeling" means any legend or descriptive matter or 
        design appearing upon an article of food or its container, and 
        includes circulars, pamphlets and the like, which are packed and 
        go with the article to the purchaser, and placards which may be 
        allowed to be used to describe the food.  
           (g) "Salvage food distributor" means a person who engages 
        in the business of selling, distributing, or otherwise 
        trafficking at wholesale in any distressed or salvaged food. 
           Sec. 14.  Minnesota Statutes 1994, section 31.495, 
        subdivision 5, is amended to read: 
           Subd. 5.  [EXCEPTIONS.] The provisions of this section and 
        section 31.496 do not apply to:  
           (a) any food manufacturer, distributor, retailer, or 
        processor who in the normal course of the business of 
        manufacturing, processing, retailing, or distributing of food 
        engages in the activities of reconditioning and salvaging 
        distressed food manufactured, distributed or processed by or for 
        that person and not purchased by that person solely for the 
        purpose of reconditioning, salvaging, and sale; or 
           (b) any person who reassembles or disposes of undamaged 
        food which is from lots in which food or packaging materials or 
        containers are damaged in the normal course of commerce or while 
        in that person's possession and which is not purchased by that 
        person solely for the purpose of reconditioning, salvaging, and 
        sale, or any common carrier or agent of the common carrier who 
        disposes of or otherwise transfers undamaged or distressed food 
        to a person exempt under this section or to a salvage food 
        processor who holds a valid license under this section; or 
           (c) any person who stores, handles or processes grain or 
        oil seeds in the normal course of business except when such 
        person purchases for the purpose of reconditioning, salvaging, 
        and sale as human food grain or oil seeds contaminated by bird, 
        rodent or animal excreta or by chemicals poisonous, injurious or 
        detrimental to human life or health. 
           Sec. 15.  Minnesota Statutes 1994, section 32.01, 
        subdivision 6, is amended to read: 
           Subd. 6.  [DAIRY PLANT.] "Dairy plant" means any place 
        where a dairy product is manufactured, processed, or handled and 
        includes milk-receiving stations, creameries, cheese factories, 
        condenseries, milk plants, transfer stations, cream stations, 
        marketing organizations not operating dairy plants, but 
        purchasing milk and cream directly from producers for resale, 
        and other establishments, as those terms are used in this 
        chapter and chapters 17, 27, 31, 32A, 32B, and 33; but does not 
        include a dairy farm or an establishment where no dairy products 
        are processed, but dairy products are sold at wholesale or 
        retail only.  
           Sec. 16.  Minnesota Statutes 1994, section 60B.02, is 
        amended to read: 
           60B.02 [PERSONS COVERED.] 
           The proceedings authorized by sections 60B.01 to 60B.61 may 
        be applied to: 
           (1) All insurers who are doing, or have done, an insurance 
        business in this state, and against whom claims arising from 
        that business may exist now or in the future; 
           (2) All insurers who purport to do an insurance business in 
        this state; 
           (3) All insurers who have insureds resident in this state; 
           (4) All other persons organized or in the process of 
        organizing with the intent to do an insurance business in this 
        state; and 
           (5) All nonprofit service plan corporations incorporated or 
        operating under the nonprofit health service plan corporation 
        act, any health plan incorporated under chapter 317A, all 
        fraternal benefit societies operating under chapter 64B, except 
        those associations enumerated in section 64B.38, all assessment 
        benefit associations operating under chapter 63, all township 
        mutual or other companies operating under chapter 67A, and all 
        reciprocals or interinsurance exchanges operating under chapter 
        71A.  
           Sec. 17.  Minnesota Statutes 1994, section 72A.20, 
        subdivision 29, is amended to read: 
           Subd. 29.  [HIV TESTS; CRIME VICTIMS.] No insurer regulated 
        under chapter 61A or 62B, or providing health, medical, 
        hospitalization, or accident and sickness insurance regulated 
        under chapter 62A, or nonprofit health services corporation 
        regulated under chapter 62C, health maintenance organization 
        regulated under chapter 62D, or fraternal benefit society 
        regulated under chapter 64B, may: 
           (1) obtain or use the performance of or the results of a 
        test to determine the presence of the human immune deficiency 
        virus (HIV) antibody performed on an offender under section 
        611A.19 or performed on a crime victim who was exposed to or had 
        contact with an offender's bodily fluids during commission of a 
        crime that was reported to law enforcement officials, in order 
        to make an underwriting decision, cancel, fail to renew, or take 
        any other action with respect to a policy, plan, certificate, or 
        contract; 
           (2) obtain or use the performance of or the results of a 
        test to determine the presence of the human immune deficiency 
        virus (HIV) antibody performed on a patient pursuant to sections 
        144.761 to 144.7691, or performed on emergency medical services 
        personnel pursuant to the protocol under section 144.762, 
        subdivision 2, in order to make an underwriting decision, 
        cancel, fail to renew, or take any other action with respect to 
        a policy, plan, certificate, or contract; for purposes of this 
        clause, "patient" and "emergency medical services personnel" 
        have the meanings given in section 144.761; or 
           (3) ask an applicant for coverage or a person already 
        covered whether the person has:  (i) had a test performed for 
        the reason set forth in clause (1) or (2); or (ii) been the 
        victim of an assault or any other crime which involves bodily 
        contact with the offender. 
           A question that purports to require an answer that would 
        provide information regarding a test performed for the reason 
        set forth in clause (1) or (2) may be interpreted as excluding 
        this test.  An answer that does not mention the test is 
        considered to be a truthful answer for all purposes.  An 
        authorization for the release of medical records for insurance 
        purposes must specifically exclude any test performed for the 
        purpose set forth in clause (1) or (2) and must be read as 
        providing this exclusion regardless of whether the exclusion is 
        expressly stated.  This subdivision does not affect tests 
        conducted for purposes other than those described in clause (1) 
        or (2), including any test to determine the presence of the 
        human immune deficiency virus (HIV) antibody if such test was 
        performed at the insurer's direction as part of the insurer's 
        normal underwriting requirements. 
           Sec. 18.  Minnesota Statutes 1994, section 72C.03, is 
        amended to read: 
           72C.03 [SCOPE.] 
           Except as otherwise specifically provided, sections 72C.01 
        to 72C.13 shall apply to all policies or contracts of direct 
        insurance, issued by persons authorized at any time to transact 
        insurance in this state and including nonprofit health service 
        plan corporations under chapter 62C, health maintenance 
        organizations under chapter 62D, assessment benefit associations 
        under chapter 63, and fraternal benefit societies under chapter 
        64B.  Sections 72C.01 to 72C.13 shall not apply to insurance as 
        described in section 60A.20, subdivision 17, clauses (2) and 
        (3), and the master contract for any policy of group insurance 
        when the group consists of ten or more persons.  Sections 72C.01 
        to 72C.13 shall not apply to policies or contracts issued prior 
        to July 1, 1980 under which there is no unilateral right of the 
        insurer to cancel, nonrenew, amend or change in any way, unless 
        the policy or contract is amended or changed by mutual agreement 
        of the parties.  Sections 72C.01 to 72C.13 shall not apply to an 
        insurance policy or contract which is a security subject to 
        federal jurisdiction, nor shall they apply to a new policy or 
        contract written in language other than English. 
           Sec. 19.  Minnesota Statutes 1994, section 72C.04, 
        subdivision 4, is amended to read: 
           Subd. 4.  "Insurance policy or contract" or "policy" means 
        any written agreement within the scope of sections 72C.01 to 
        72C.13 whereby one person, for consideration, undertakes to 
        indemnify another person or persons to a specified amount 
        against loss or damages from specified causes, or to do some act 
        of value to the insured in case of specified loss or damage.  
        The agreements specifically include a nonprofit health service 
        plan subscriber contract under chapter 62C, a health maintenance 
        contract under chapter 62D, and a membership certificate in an 
        assessment benefit association under chapter 63, or a fraternal 
        benefit society under chapter 64B. 
           Sec. 20.  Minnesota Statutes 1994, section 82.34, 
        subdivision 6, is amended to read: 
           Subd. 6.  The commissioner may expend money as appropriated 
        for the following purposes: 
           (a) To promote the advancement of education and research in 
        the field of real estate for the benefit of those licensed under 
        this chapter; 
           (b) To underwrite educational seminars and other forms of 
        educational projects for the benefit of real estate licensees; 
           (c) To establish a real estate chair or courses at 
        Minnesota state institutions of higher learning for the purpose 
        of making such courses available to licensees and the general 
        public; 
           (d) To contract for a particular educational or research 
        project in the field of real estate to further the purposes of 
        this chapter; 
           (e) To pay the costs of the real estate advisory council 
        established under section 82.30; 
           (f) To pay any reasonable costs and disbursements, 
        excluding attorney's fees, incurred in defending actions against 
        the real estate education, research and recovery fund including 
        the cost of mailing or publication of notice pursuant to 
        subdivision 14; and 
           (g) (f) To provide information to the public on housing 
        issues, including but not limited to, environmental safety and 
        housing affordability. 
           Sec. 21.  Minnesota Statutes 1994, section 84.025, 
        subdivision 7, is amended to read: 
           Subd. 7.  [CONTRACTS.] The commissioner of natural 
        resources may contract with the federal government, local 
        governmental units, the University of Minnesota, and other 
        educational institutions, and private persons as may be 
        necessary in the performance of duties.  Contracts made pursuant 
        to this section for professional services shall not be subject 
        to the provisions of chapter 16 16B, as they relate to 
        competitive bidding. 
           Sec. 22.  Minnesota Statutes 1994, section 84.0895, 
        subdivision 2, is amended to read: 
           Subd. 2.  [APPLICATION.] (a) Subdivision 1 does not apply 
        to: 
           (1) plants on land classified for property tax purposes as 
        class 2a or 2c agricultural land under section 273.13, or on 
        ditches and roadways; and 
           (2) noxious weeds designated pursuant to sections 18.171 to 
        18.315 18.76 to 18.88 or to weeds otherwise designated as 
        troublesome by the department of agriculture. 
           (b) If control of noxious weeds is necessary, it takes 
        priority over the protection of endangered plant species, as 
        long as a reasonable effort is taken to preserve the endangered 
        plant species first. 
           (c) The taking or killing of an endangered plant species on 
        land adjacent to class 3 or 3b agricultural land as a result of 
        the application of pesticides or other agricultural chemical on 
        the class 3 or 3b land is not a violation of subdivision 1, if 
        reasonable care is taken in the application of the pesticide or 
        other chemical to avoid impact on adjacent lands.  For the 
        purpose of this paragraph, class 3 or 3b agricultural land does 
        not include timber land, waste land, or other land for which the 
        owner receives a state paid wetlands or native prairie tax 
        credit. 
           (d) The accidental taking of an endangered plant, where the 
        existence of the plant is not known at the time of the taking, 
        is not a violation of subdivision 1.  
           Sec. 23.  Minnesota Statutes 1994, section 84.0911, 
        subdivision 2, is amended to read: 
           Subd. 2.  [RECEIPTS.] Money received from the sale of wild 
        rice licenses issued by the commissioner under section 84.091, 
        subdivision 3, clauses (1) and (3), shall be credited to 
        the game and fish fund wild rice management account.  
           Sec. 24.  Minnesota Statutes 1994, section 85.016, is 
        amended to read: 
           85.016 [BICYCLE TRAIL PROGRAM.] 
           The commissioner of natural resources shall establish a 
        program for the development of bicycle trails utilizing the 
        state trails authorized by section 85.015, other state parks and 
        recreation land, and state forests.  "Bicycle trail," as used in 
        this section, has the meaning given in section 169.01.  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 
        bikeway program established by the commissioner of 
        transportation pursuant to section 160.265, 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 commissioner shall provide technical 
        assistance to local units of government in planning and 
        developing bicycle trails in local parks.  The bicycle trail 
        program shall, as a minimum, describe the location, design, 
        construction, maintenance, and land acquisition needs of each 
        component trail and shall give due consideration to the model 
        standards for the establishment of recreational vehicle lanes 
        promulgated by the commissioner of transportation pursuant to 
        section 160.262.  The program shall be developed after 
        consultation with the state trail council and regional and local 
        units of government and bicyclist organizations. 
           Sec. 25.  Minnesota Statutes 1994, section 90.251, 
        subdivision 4, is amended to read: 
           Subd. 4.  No state timber shall ever be scaled for or on 
        behalf of the state by any person except a state appraiser or 
        scaler except as provided otherwise by the commissioner, and as 
        far as practicable the scaler and appraiser shall not be the 
        same person for any timber cut under a permit.  No scale, count, 
        measurement, or estimate of state timber officially made and 
        reported by any state appraiser or scaler shall ever be changed 
        or altered by any other person, nor superseded or set aside in 
        any manner except as expressly provided in this chapter.  
        Reappraisals of unsold state land or timber may be made when 
        deemed advisable by the commissioner.  Except as herein 
        expressly provided and as generally authorized by section 10.12 
        16D.09, no claim of the state for timber from state lands shall 
        ever be settled or discharged for less than the full amount 
        thereof as shown by the scale or estimate of scalers, or of 
        state appraisers, as the case may be. 
           Sec. 26.  Minnesota Statutes 1994, section 92.46, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PUBLIC CAMPGROUNDS.] (a) The director may 
        designate suitable portions of the state lands withdrawn from 
        sale and not reserved, as provided in section 92.45, as 
        permanent state public campgrounds.  The director may have the 
        land surveyed and platted into lots of convenient size, and 
        lease them for cottage and camp purposes under terms and 
        conditions the director prescribes, subject to the provisions of 
        this section.  
           (b) A lease may not be for a term more than 20 years.  The 
        lease may allow renewal, from time to time, for additional terms 
        of no longer than 20 years each.  The lease may be canceled by 
        the commissioner 90 days after giving the person leasing the 
        land written notice of violation of lease conditions.  The lease 
        rate shall be based on the appraised value of leased land as 
        determined by the commissioner of natural resources and shall be 
        adjusted by the commissioner at the fifth, tenth, and 15th 
        anniversary of the lease, if the appraised value has increased 
        or decreased.  For leases that are renewed in 1991 and following 
        years, the lease rate shall be five percent of the appraised 
        value of the leased land.  The appraised value shall be the 
        value of the leased land without any private improvements and 
        must be comparable to similar land without any improvements 
        within the same county.  The minimum appraised value that the 
        commissioner assigns to the leased land must be substantially 
        equal to the county assessor's estimated market value of similar 
        land adjusted by the assessment/sales ratio as determined by the 
        department of revenue. 
           (c) By July 1, 1986, the commissioner of natural resources 
        shall adopt rules under chapter 14 to establish procedures for 
        leasing land under this section.  The rules shall be subject to 
        review and approval by the commissioners of revenue and 
        administration prior to the initial publication pursuant to 
        chapter 14 and prior to their final adoption.  The rules must 
        address at least the following: 
           (1) method of appraising the property; and 
           (2) an appeal procedure for both the appraised values and 
        lease rates. 
           (d) All money received from these leases must be credited 
        to the fund to which the proceeds of the land belong.  
           Notwithstanding section 16A.125 or any other law to the 
        contrary, 50 percent of the money received from the lease of 
        permanent school fund lands leased pursuant to this subdivision 
        shall be deposited into the permanent school trust fund.  
        However, in fiscal years 1994 and 1995, this money must be 
        credited to the lakeshore sales account in the permanent school 
        fund and, subject to appropriation, may be used to survey, 
        appraise, and pay associated selling costs of lots as required 
        in Minnesota Statutes 1992, section 92.67, subdivision 3.  The 
        money may not be used to pay the cost of surveying lots not 
        scheduled for sale.  Any money designated for deposit in the 
        permanent school fund that is not needed to survey, appraise, 
        and pay associated selling costs of lots, as required in section 
        92.67, shall be deposited in the permanent school fund.  The 
        commissioner shall add to the appraised value of any lot offered 
        for sale the costs of surveying, appraising, and selling the 
        lot, and shall first deposit into the permanent school fund an 
        amount equal to the costs of surveying, appraising, and selling 
        any lot paid out of the permanent school fund.  Any remaining 
        money shall be deposited into any other contributing funds in 
        proportion to the contribution from each fund.  In no case may 
        the commissioner add to the appraised value of any lot offered 
        for sale an amount more than $700 for the costs of surveying and 
        appraising the lot. 
           Sec. 27.  Minnesota Statutes 1994, section 97A.115, 
        subdivision 2, is amended to read: 
           Subd. 2.  [SPECIES AVAILABLE.] Species that may be released 
        and hunted in a licensed shooting preserve must be specified in 
        the license and is are limited to unprotected birds, adult 
        pheasant, and bob-white quail for private shooting preserves and 
        adult pheasant, bob-white quail, turkey, mallard duck, black 
        duck, and other species designated by the commissioner for 
        commercial shooting preserves.  These game birds must be pen 
        hatched and raised. 
           Sec. 28.  [REPEALER.] 
           Minnesota Statutes 1994, section 103B.151, subdivision 3, 
        is repealed. 
           Sec. 29.  Minnesota Statutes 1994, section 103F.516, 
        subdivision 2, is amended to read: 
           Subd. 2.  [NATURE OF PROPERTY RIGHTS ACQUIRED.] (a) The 
        nature of property rights acquired in an easement under this 
        section must be consistent with the provisions of section 
        103F.515, subdivision 4. 
           (b) A permanent easement may include four adjacent upland 
        acres of land for each acre of wetland included.  
           (c) The easement must require that the landowner control 
        noxious weeds in accordance with sections 18.171 to 18.317 18.77 
        to 18.88.  
           (d) The permanent easement must be conveyed to the state in 
        recordable form free of any prior title, lien, or encumbrance 
        and must provide for a right of entry by the state for 
        inspection and correction of violations. 
           Sec. 30.  Minnesota Statutes 1994, section 103G.2365, is 
        amended to read: 
           103G.2365 [CONTROL OF NOXIOUS WEEDS.] 
           Noxious weeds, as defined in section 18.171 18.77, 
        subdivision 5 8, must be controlled on wetlands as required in 
        section 18.191 18.78. 
           Sec. 31.  Minnesota Statutes 1994, section 116.03, 
        subdivision 2, is amended to read: 
           Subd. 2.  The commissioner shall organize the agency and 
        employ such assistants and other officers, employees and agents 
        as the commissioner may deem necessary to discharge the 
        functions of the commissioner's office, define the duties of 
        such officers, employees and agents, and delegate to them any of 
        the commissioner's powers, duties, and responsibilities, subject 
        to the commissioner's control and under such conditions as the 
        commissioner may prescribe.  The commissioner may also contract 
        with persons, firms, corporations, the federal government and 
        any agency or instrumentality thereof, the water research center 
        of the University of Minnesota or any other instrumentality of 
        such university, for doing any of the work of the commissioner's 
        office, and none of the provisions of chapter 16 16B, relating 
        to bids, shall apply to such contracts.  All personnel employed 
        and all contracts entered into pursuant to this subdivision 
        shall be subject to the approval of the pollution control agency.
        Agreements to exercise delegated powers shall be by written 
        order filed with the secretary of state.  An employee of the 
        state commissioner of health engaged in environmental sanitation 
        work may transfer to the pollution control agency with the 
        approval of the commissioner.  Under such a transfer the 
        employee shall be assigned to a position of similar 
        responsibility and pay without loss of seniority, vacation, sick 
        leave, or other benefits under the state civil service act. 
           Sec. 32.  Minnesota Statutes 1994, section 116C.724, 
        subdivision 2, is amended to read: 
           Subd. 2.  [DRILLING.] A permit shall be obtained from the 
        environmental quality board, in accordance with chapter 14, for 
        any geologic and hydrologic drilling related to disposal.  
        Conditions of obtaining and retaining the permit must be 
        specified by rule and must include: 
           (1) compliance with state drilling and drill hole 
        restoration rules as an exploratory boring under chapter 156A 
        103I; 
           (2) proof that access to the test site has been obtained by 
        a negotiated agreement or other legal process; 
           (3) payment by the permittee of a fee covering the costs of 
        processing and monitoring drilling activities; 
           (4) unrestricted access by the commissioner of health, the 
        commissioner of natural resources, the commissioner of the 
        pollution control agency, the director of the Minnesota 
        geological survey, the agent of a board of health as authorized 
        under section 145A.04, and their employees and agents to the 
        drilling sites to inspect and monitor the drill holes, drilling 
        operations, and abandoned sites, and to sample air and water 
        that may be affected by drilling; 
           (5) submission of splits or portions of a core sample, 
        requested by the commissioner of natural resources or director 
        of the Minnesota geological survey, except that the commissioner 
        or director may accept certified data on the sample in lieu of a 
        sample if certain samples are required in their entirety by the 
        permittee; and 
           (6) that a sample submitted may become property of the 
        state.  
           Sec. 33.  Minnesota Statutes 1994, section 116C.98, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PERFORMANCE STANDARDS FOR RELEASES UNDER THE 
        NOTIFICATION PROCEDURE.] (a) The performance standards in this 
        subdivision must be met for any releases under the notification 
        procedure. 
           (b) If the genetically engineered plants or plant materials 
        are shipped, they must be shipped in such a way that the viable 
        plant material is unlikely to be disseminated while in transit 
        and must be maintained at the destination facility in such a way 
        that there is no release into the environment. 
           (c) The genetically engineered plants must be planted in 
        such a way that they are not inadvertently mixed with 
        nonregulated plant materials of any species which are not part 
        of the release. 
           (d) The plants and plant parts must be maintained in such a 
        way that the identity of all material is known while it is in 
        use, and the plant parts must be contained or devitalized when 
        no longer in use. 
           (e) There must be a no viable vector agent associated with 
        the genetically engineered plants. 
           (f) The field trial must be conducted such that: 
           (1) the genetically engineered plants will not persist in 
        the environment; and 
           (2) no offspring can be produced that could persist in the 
        environment.  
           (g) Upon termination of the field test: 
           (1) no viable material shall remain which is likely to 
        volunteer in subsequent seasons; or 
           (2) plant volunteers shall be managed to prevent 
        persistence in the environment. 
           Sec. 34.  Minnesota Statutes 1994, section 116J.035, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [POWERS.] The commissioner may:  
           (a) apply for, receive, and expend money from municipal, 
        county, regional, and other government agencies; 
           (b) apply for, accept, and disburse grants and other aids 
        from other public or private sources; 
           (c) contract for professional services if such work or 
        services cannot be satisfactorily performed by employees of the 
        department or by any other state agency; 
           (d) enter into interstate compacts to jointly carry out 
        such research and planning with other states or the federal 
        government where appropriate; 
           (e) distribute informational material at no cost to the 
        public upon reasonable request; and 
           (f) enter into contracts necessary for the performance of 
        the commissioner's duties with federal, state, regional, 
        metropolitan, local, and other agencies or units of government; 
        educational institutions, including the University of 
        Minnesota.  Contracts made pursuant to this section shall not be 
        subject to the competitive bidding requirements of chapter 16 
        16B.  
           The commissioner may apply for, receive, and expend money 
        made available from federal or other sources for the purpose of 
        carrying out the duties and responsibilities of the commissioner 
        pursuant to this chapter.  
           All moneys received by the commissioner pursuant to this 
        chapter shall be deposited in the state treasury and are 
        appropriated to the commissioner for the purpose for which the 
        moneys have been received.  The money shall not cancel and shall 
        be available until expended.  
           Sec. 35.  Minnesota Statutes 1994, section 116J.402, is 
        amended to read: 
           116J.402 [COOPERATIVE CONTRACTS.] 
           The commissioner of trade and economic development may 
        apply for, receive, and spend money for community development 
        from municipal, county, regional, and other planning agencies. 
        The commissioner may also apply for, accept, and disburse grants 
        and other aids for community development and related planning 
        from the federal government and other sources.  The commissioner 
        may enter into contracts with agencies of the federal 
        government, local governmental units, regional development 
        commissions, and the metropolitan council, other state agencies, 
        the University of Minnesota, and other educational institutions, 
        and private persons as necessary to perform the commissioner's 
        duties.  Contracts made according to this section, except those 
        with private persons, are not subject to the provisions of 
        chapter 16 16B concerning competitive bidding.  
           The commissioner may apply for, receive, and spend money 
        made available from federal sources or other sources for the 
        purposes of carrying out the duties and responsibilities of the 
        commissioner.  
           Money received by the commissioner under this section must 
        be deposited in the state treasury and is appropriated to the 
        commissioner for the purposes for which the money has been 
        received.  The money does not cancel and is available until 
        spent.  
           Sec. 36.  Minnesota Statutes 1994, section 116J.70, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [LICENSE; EXCEPTIONS.] "Business license" or 
        "license" does not include the following:  
           (1) any occupational license or registration issued by a 
        licensing board listed in section 214.01 or any occupational 
        registration issued by the commissioner of health pursuant to 
        section 214.13; 
           (2) any license issued by a county, home rule charter city, 
        statutory city, township, or other political subdivision; 
           (3) any license required to practice the following 
        occupation regulated by the following sections:  
           (a) abstracters regulated pursuant to chapter 386; 
           (b) accountants regulated pursuant to chapter 326; 
           (c) adjusters regulated pursuant to chapter 72B; 
           (d) architects regulated pursuant to chapter 326; 
           (e) assessors regulated pursuant to chapter 270; 
           (f) athletic trainers regulated pursuant to chapter 148; 
           (g) attorneys regulated pursuant to chapter 481; 
           (h) auctioneers regulated pursuant to chapter 330; 
           (i) barbers regulated pursuant to chapter 154; 
           (j) beauticians regulated pursuant to chapter 155A; 
           (k) boiler operators regulated pursuant to chapter 183; 
           (l) chiropractors regulated pursuant to chapter 148; 
           (m) collection agencies regulated pursuant to chapter 332; 
           (n) cosmetologists regulated pursuant to chapter 155A; 
           (o) dentists, registered dental assistants, and dental 
        hygienists regulated pursuant to chapter 150A; 
           (p) detectives regulated pursuant to chapter 326; 
           (q) electricians regulated pursuant to chapter 326; 
           (r) embalmers regulated pursuant to chapter 149; 
           (s) engineers regulated pursuant to chapter 326; 
           (t) insurance brokers and salespersons regulated pursuant 
        to chapter 60A; 
           (u) certified interior designers regulated pursuant to 
        chapter 326; 
           (v) midwives regulated pursuant to chapter 148; 
           (w) morticians regulated pursuant to chapter 149; 
           (x) nursing home administrators regulated pursuant to 
        chapter 144A; 
           (y) optometrists regulated pursuant to chapter 148; 
           (z) osteopathic physicians regulated pursuant to chapter 
        147; 
           (aa) pharmacists regulated pursuant to chapter 151; 
           (bb) physical therapists regulated pursuant to chapter 148; 
           (cc) physicians and surgeons regulated pursuant to chapter 
        147; 
           (dd) plumbers regulated pursuant to chapter 326; 
           (ee) podiatrists regulated pursuant to chapter 153; 
           (ff) practical nurses regulated pursuant to chapter 148; 
           (gg) professional fund raisers regulated pursuant to 
        chapter 309; 
           (hh) psychologists regulated pursuant to chapter 148; 
           (ii) real estate brokers, salespersons, and others 
        regulated pursuant to chapters 82 and 83; 
           (jj) registered nurses regulated pursuant to chapter 148; 
           (kk) securities brokers, dealers, agents, and investment 
        advisers regulated pursuant to chapter 80A; 
           (ll) steamfitters regulated pursuant to chapter 326; 
           (mm) teachers and supervisory and support personnel 
        regulated pursuant to chapter 125; 
           (nn) veterinarians regulated pursuant to chapter 156; 
           (oo) water conditioning contractors and installers 
        regulated pursuant to chapter 326; 
           (pp) water well contractors regulated pursuant to chapter 
        156A 103I; 
           (qq) water and waste treatment operators regulated pursuant 
        to chapter 115; 
           (rr) motor carriers regulated pursuant to chapter 221; 
           (ss) professional corporations regulated pursuant to 
        chapter 319A; 
           (tt) real estate appraisers regulated pursuant to chapter 
        82B; 
           (uu) residential building contractors, residential 
        remodelers, residential roofers, manufactured home installers, 
        and specialty contractors regulated pursuant to chapter 326; 
           (4) any driver's license required pursuant to chapter 171; 
           (5) any aircraft license required pursuant to chapter 360; 
           (6) any watercraft license required pursuant to chapter 
        86B; 
           (7) any license, permit, registration, certification, or 
        other approval pertaining to a regulatory or management program 
        related to the protection, conservation, or use of or 
        interference with the resources of land, air, or water, which is 
        required to be obtained from a state agency or instrumentality; 
        and 
           (8) any pollution control rule or standard established by 
        the pollution control agency or any health rule or standard 
        established by the commissioner of health or any licensing rule 
        or standard established by the commissioner of human services.  
           Sec. 37.  Minnesota Statutes 1994, section 124.916, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [HEALTH INSURANCE.] (a) A school district 
        may levy the amount necessary to make employer contributions for 
        insurance for retired employees under this subdivision.  
        Notwithstanding section 121.904, 50 percent of the amount levied 
        shall be recognized as revenue for the fiscal year in which the 
        levy is certified.  This levy shall not be considered in 
        computing the aid reduction under section 124.155. 
           (b) The school board of a joint vocational technical 
        district formed under sections 136C.60 to 136C.69 and the school 
        board of a school district may provide employer-paid hospital, 
        medical, and dental benefits to a person who: 
           (1) is eligible for employer-paid insurance under 
        collective bargaining agreements or personnel plans in effect on 
        June 30, 1992; 
           (2) has at least 25 years of service credit in the public 
        pension plan of which the person is a member on the day before 
        retirement or, in the case of a teacher, has a total of at least 
        25 years of service credit in the teachers retirement 
        association, a first-class city teacher retirement fund, or any 
        combination of these; 
           (3) upon retirement is immediately eligible for a 
        retirement annuity; 
           (4) is at least 55 and not yet 65 years of age; and 
           (5) retires on or after May 15, 1992, and before July 21, 
        1992. 
           A school board paying insurance under this subdivision may 
        not exclude any eligible employees. 
           (c) An employee who is eligible both for the health 
        insurance benefit under this subdivision and for an early 
        retirement incentive under a collective bargaining agreement or 
        personnel plan established by the employer must select either 
        the early retirement incentive provided under the collective 
        bargaining agreement personnel plan or the incentive provided 
        under this subdivision, but may not receive both.  For purposes 
        of this subdivision, a person retires when the person terminates 
        active employment and applies for retirement benefits.  The 
        retired employee is eligible for single and dependent coverages 
        and employer payments to which the person was entitled 
        immediately before retirement, subject to any changes in 
        coverage and employer and employee payments through collective 
        bargaining or personnel plans, for employees in positions 
        equivalent to the position from which the employee retired.  The 
        retired employee is not eligible for employer-paid life 
        insurance.  Eligibility ceases when the retired employee attains 
        the age of 65, or when the employee chooses not to receive the 
        retirement benefits for which the employee has applied, or when 
        the employee is eligible for employer-paid health insurance from 
        a new employer.  Coverages must be coordinated with relevant 
        health insurance benefits provided through the federally 
        sponsored Medicare program.  
           (d) An employee who retires under this subdivision using 
        the rule of 90 must not be included in the calculations required 
        by section 356.85. 
           (e) Unilateral implementation of this section by a public 
        employer is not an unfair labor practice for purposes of chapter 
        179A.  The authority provided in this subdivision for an 
        employer to pay health insurance costs for certain retired 
        employees is not subject to the limits in section 179A.20, 
        subdivision 2a. 
           (f) (e) If a school district levies according to this 
        subdivision, it may not also levy according to section 122.531, 
        subdivision 9, for eligible employees. 
           Sec. 38.  Minnesota Statutes 1994, section 126.25, 
        subdivision 3, is amended to read: 
           Subd. 3.  [EVALUATION.] Grant recipients must report to the 
        commissioner of public safety education by September 1 of each 
        year on the services and programs provided, the number of 
        children served, the average daily attendance for the school 
        year, and the number of habitual truancy and educational neglect 
        petitions referred for court intervention. 
           Sec. 39.  [REPEALER.] 
           Minnesota Statutes 1994, section 134.32, subdivision 2, is 
        repealed.  
           Sec. 40.  Minnesota Statutes 1994, section 134.341, is 
        amended to read: 
           134.341 [COUNTY FINANCIAL SUPPORT.] 
           To ensure the availability of public library service to all 
        people, every county shall provide financial support for public 
        library services at no less than minimum amounts as specified in 
        sections 134.33 and section 134.34 and shall participate in the 
        regional public library system to which it is assigned by the 
        state board of education under section 134.34, subdivision 3.  
        Each county board of commissioners shall appoint at least one 
        county resident to serve as a representative on the regional 
        public library system board and may appoint more than one 
        representative under terms and conditions of the regional public 
        library system contract. 
           Sec. 41.  Minnesota Statutes 1994, section 136A.40, is 
        amended to read: 
           136A.40 [ADMINISTRATION.] 
           The administration of sections 136A.25 to 136A.42, shall be 
        under the authority independent of other departments and 
        agencies and notwithstanding chapter 16 16B.  The authority 
        shall not be subject to the provisions of sections 14.02, 14.04 
        to 14.36, 14.38, 14.44 to 14.45, and 14.57 to 14.62 in 
        connection with the adoption of any rules, rents, fees or 
        charges or with the exercise of any other powers or duties.  
           Sec. 42.  Minnesota Statutes 1994, section 144.3831, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [FEE SETTING.] The commissioner of health 
        may assess an annual fee of $5.21 for every service connection 
        to a public water supply that is owned or operated by a home 
        rule or charter city, a statutory city, a city of the first 
        class, or a town.  The commissioner of health may also assess an 
        annual fee for every service connection served by a water user 
        district defined in section 110A.02. 
           Sec. 43.  Minnesota Statutes 1994, section 145A.07, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [AGREEMENTS TO PERFORM DUTIES OF 
        COMMISSIONER.] (a) The commissioner of health may enter into an 
        agreement with any board of health to delegate all or part of 
        the licensing, inspection, reporting, and enforcement duties 
        authorized under sections 144.12; 144.381 to 144.387; 144.411 to 
        144.417; 144.71 to 144.74; 145A.04, subdivision 6; provisions of 
        chapter 156A 103I pertaining to construction, repair, and 
        abandonment of water wells; chapter 157; and sections 327.14 to 
        327.28. 
           (b) Agreements are subject to subdivision 3. 
           (c) This subdivision does not affect agreements entered 
        into under Minnesota Statutes 1986, section 145.031, 145.55, or 
        145.918, subdivision 2. 
           Sec. 44.  Minnesota Statutes 1994, section 147.01, 
        subdivision 5, is amended to read: 
           Subd. 5.  [EXPENSES; STAFF.] The board of medical practice 
        shall provide blanks, books, certificates, and such stationery 
        and assistance as is necessary for the transaction of the 
        business pertaining to the duties of such board.  The expenses 
        of administering sections 147.01 to 147.29 this chapter shall be 
        paid from the appropriations made to the board of medical 
        practice.  The board shall employ an executive director. 
           Sec. 45.  Minnesota Statutes 1994, section 154.161, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CEASE AND DESIST ORDERS.] (a) The board, or 
        compliance complaint committee if authorized by the board, may 
        issue and have served upon an unlicensed person, or a holder of 
        a certificate of registration or a shop registration card, an 
        order requiring the person to cease and desist from an act or 
        practice that constitutes a violation of a statute, rule, or 
        order that the board has adopted or issued or is empowered to 
        enforce.  The order must (1) give reasonable notice of the 
        rights of the person named in the order to request a hearing, 
        and (2) state the reasons for the entry of the order.  No order 
        may be issued under this subdivision until an investigation of 
        the facts has been conducted under section 214.10. 
           (b) Service of the order under this subdivision is 
        effective when the order is personally served on the person or 
        counsel of record, or served by certified mail to the most 
        recent address provided to the board for the person or counsel 
        of record. 
           (c) The board must hold a hearing under this subdivision 
        not later than 30 days after the board receives the request for 
        the hearing, unless otherwise agreed between the board, or 
        compliance complaint committee if authorized by the board, and 
        the person requesting the hearing. 
           (d) Notwithstanding any rule to the contrary, the 
        administrative law judge must issue a report within 30 days of 
        the close of the contested case hearing.  Within 30 days after 
        receiving the report and subsequent exceptions and argument, the 
        board shall issue a further order vacating, modifying, or making 
        permanent the cease and desist order.  If no hearing is 
        requested within 30 days of service of the order, the order 
        becomes final and remains in effect until modified or vacated by 
        the board. 
           Sec. 46.  Minnesota Statutes 1994, section 162.09, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CREATION; MILEAGE LIMITATION; RULES.] 
        There is created a municipal state-aid street system within 
        statutory and home rule charter cities having a population of 
        5,000 or more.  The extent of the municipal state-aid street 
        system for a city shall not exceed:  (1) 20 percent of the total 
        miles of city streets and county roads within the jurisdiction 
        of that city, plus (2) the mileage of all trunk highways 
        reverted or turned back to the jurisdiction of the city pursuant 
        to law on and after July 1, 1965, plus (3) the mileage of county 
        highways reverted or turned back to the jurisdiction of the city 
        pursuant to law on or after the effective date of Laws 1994, 
        chapter 635 May 11, 1994.  The system shall be established, 
        located, constructed, reconstructed, improved, and maintained as 
        public highways within such cities under rules, not inconsistent 
        with this section, made and promulgated by the commissioner as 
        hereinafter provided. 
           Sec. 47.  Minnesota Statutes 1994, section 192.261, 
        subdivision 3, is amended to read: 
           Subd. 3.  [SHALL FILE CERTIFICATE.] Any public officer 
        elected or appointed for a definite term who, before the 
        expiration of such term, returns from military or naval service 
        under leave of absence without pay under chapters 190 to 194 
        193, in lieu of making written application for reinstatement as 
        hereinbefore provided, shall file in the same office where the 
        public officer's oath is filed within 45 days after termination 
        of such military or naval service a verified certificate that 
        the public officer has complied with the conditions for 
        reinstatement hereinbefore prescribed, and that public officer 
        shall thereupon be deemed to have resumed that office, with all 
        the rights and privileges granted by chapters 190 to 194 193; 
        provided, that any false statement in such certificate shall be 
        ground for removal. 
           Sec. 48.  Minnesota Statutes 1994, section 192.501, 
        subdivision 2, is amended to read: 
           Subd. 2.  [TUITION REIMBURSEMENT.] (a) The adjutant general 
        shall establish a program providing tuition reimbursement for 
        members of the Minnesota national guard in accordance with this 
        section.  An active member of the Minnesota national guard 
        serving satisfactorily, as defined by the adjutant general, 
        shall be reimbursed for tuition paid to a post-secondary 
        education institution as defined by section 136A.15, subdivision 
        5, upon proof of satisfactory completion of course work. 
           (b) In the case of tuition paid to a public institution 
        located in Minnesota, including any vocational or technical 
        school, tuition is limited to an amount equal to 50 percent of 
        the cost of tuition at that public institution, except as 
        provided in this section.  In the case of tuition paid to a 
        Minnesota private institution or vocational or technical school 
        or a public or private institution or vocational or technical 
        school not located in Minnesota, reimbursement is limited to 50 
        percent of the cost of tuition for lower division programs in 
        the college of liberal arts at the twin cities campus of the 
        University of Minnesota in the most recent academic year, except 
        as provided in this section. 
           (c) If a member of the Minnesota national guard is killed 
        in the line of state active service or federally funded state 
        active service as defined in section 190.05, subdivision 5b, the 
        state shall reimburse 100 percent of the cost of tuition for 
        post-secondary courses satisfactorily completed by any surviving 
        spouse and any surviving dependents who are 23 years old or 
        younger.  Reimbursement for surviving spouses and dependents is 
        limited in amount and duration as is reimbursement for the 
        national guard member. 
           (d) The amount of tuition reimbursement for each eligible 
        individual shall be determined by the adjutant general according 
        to rules formulated within 30 days of June 4, 1989.  Tuition 
        reimbursement received under this section shall not be 
        considered by the Minnesota higher education coordinating board 
        or by any other state board, commission, or entity in 
        determining a person's eligibility for a scholarship or 
        grant-in-aid under sections 136A.095 to 136A.132 136A.1311. 
           Sec. 49.  Minnesota Statutes 1994, section 193.36, 
        subdivision 2, is amended to read: 
           Subd. 2.  [MAY SELL AND CONVEY PROPERTY IN CERTAIN CASES.] 
        In any case when the adjutant general finds it advantageous for 
        military training, the adjutant general may sell and convey 
        property to the municipality or county in which the same is 
        located at a price to be determined by a board of three 
        appraisers to be selected by the adjutant general, the 
        commissioner of administration, and the commissioner of finance. 
        The money received shall be credited to the general fund and is 
        appropriated to the adjutant general to be used:  (1) as a 
        contribution for the construction or acquisition of an armory, 
        armories, or armory facilities to replace the one sold; or (2) 
        for the maintenance, operation, repair, rehabilitation, or 
        improvement of existing armory facilities.  The money may also 
        be transferred to the Minnesota state armory commission:  (1) 
        for the replacement of an armory, armories, or armory facilities 
        constructed or acquired by the commission; or (2) for the 
        maintenance, operation, repair, rehabilitation, or improvement 
        of facilities owned by the commission.  If the money received is 
        not expended for the purposes stated in this subdivision within 
        ten years after the old armory has been sold, the appropriation 
        to the adjutant general as provided in this subdivision shall 
        lapse.  In the event that both the municipality and the county 
        desire to purchase the armory, the municipality shall be given 
        first priority to purchase the armory. 
           If the municipality or county shall not purchase such 
        property after a reasonable opportunity, the adjutant general 
        may sell and convey the same to any person after a sale thereof 
        at public sale, and in the same manner as certain state property 
        is sold at public sale under the provisions of chapter 16 16B.  
        The adjutant general may lease any such armory remaining unsold 
        to the municipality for public purposes at an annual rental 
        which shall not be less than ten percent of the appraised value 
        of the property. 
           Sec. 50.  Minnesota Statutes 1994, section 201.15, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GUARDIANSHIPS, INCOMPETENTS AND 
        PSYCHOPATHS.] The court administrator in each county shall 
        report monthly to the county auditor the name and address of 
        each individual 18 years of age or over, who maintains residence 
        in that county and who, during the month preceding the date of 
        the report:  
           (a) was placed under a guardianship of the person; 
           (b) adjudged legally incompetent by reason of mental 
        illness, mental deficiency, or inebriation; or 
           (c) was adjudged a sexually dangerous person or a person 
        with a sexual psychopathic personality.  
           The judge court administrator shall also report the same 
        information for each individual transferred to the jurisdiction 
        of the court who meets a condition specified in clause (a), (b) 
        or (c).  Upon receipt of the report, the county auditor shall 
        determine whether any individual named in the report is 
        registered to vote.  The county auditor shall change the status 
        on the record in the statewide registration system of any 
        individual named in the report to indicate that the individual 
        is not eligible to reregister or vote.  
           Sec. 51.  [REPEALER.] 
           Minnesota Statutes 1994, section 256B.0925, is repealed. 
           Sec. 52.  Minnesota Statutes 1994, section 270.69, 
        subdivision 10, is amended to read: 
           Subd. 10.  [LIMITATION FOR HOMESTEAD PROPERTY.] A lien 
        imposed under this section upon property defined as homestead 
        property in chapter 510 may not be enforced against homestead 
        property by levy under section 270.70, or by judgment 
        lien foreclosure under chapter 550. 
           Sec. 53.  Minnesota Statutes 1994, section 271.21, 
        subdivision 6, is amended to read: 
           Subd. 6.  [HEARING.] The hearing in the small claims 
        division shall be informal and without a jury.  The judge may 
        hear any testimony and receive any evidence the judge deems 
        necessary or desirable for a just determination of the case 
        except as provided in paragraph (b).  Sales ratio studies 
        published by the department of revenue may be admissible as a 
        public record without foundation.  All testimony shall be given 
        under oath.  A party may appear personally or may be represented 
        or accompanied by an attorney.  No transcript of the proceedings 
        shall be kept. 
           Sec. 54.  Minnesota Statutes 1994, section 275.066, is 
        amended to read: 
           275.066 [SPECIAL TAXING DISTRICTS; DEFINITION.] 
           For the purposes of property taxation and property tax 
        state aids, the term "special taxing districts" includes the 
        following entities: 
           (1) watershed districts under chapter 103D; 
           (2) sanitary districts under sections 115.18 to 115.37; 
           (3) regional sanitary sewer districts under sections 115.61 
        to 115.67; 
           (4) regional public library districts under section 
        134.201; 
           (5) park districts under chapter 398; 
           (6) regional railroad authorities under chapter 398A; 
           (7) hospital districts under sections 447.31 to 447.38; 
           (8) St. Cloud metropolitan transit commission under 
        sections 458A.01 to 458A.15; 
           (9) Duluth transit authority under sections 458A.21 to 
        458A.37; 
           (10) regional development commissions under sections 
        462.381 to 462.398; 
           (11) housing and redevelopment authorities under sections 
        469.001 to 469.047; 
           (12) port authorities under sections 469.048 to 469.068; 
           (13) economic development authorities under sections 
        469.090 to 469.1081; 
           (14) metropolitan council under sections 473.122 473.123 to 
        473.249; 
           (15) regional transit board under sections and 473.371 to 
        473.449; 
           (16) (15) metropolitan airports commission under sections 
        473.601 to 473.680; 
           (17) (16) metropolitan mosquito control commission under 
        sections 473.701 to 473.716; 
           (18) (17) Morrison county rural development financing 
        authority under Laws 1982, chapter 437, section 1; 
           (19) (18) Croft Historical Park District under Laws 1984, 
        chapter 502, article 13, section 6; 
           (20) (19) East Lake county medical clinic district under 
        Laws 1989, chapter 211, sections 1 to 6; 
           (21) (20) Floodwood area ambulance district under Laws 
        1993, chapter 375, article 5, section 39; and 
           (22) (21) any other political subdivision of the state of 
        Minnesota, excluding counties, school districts, cities, and 
        towns, that has the power to adopt and certify a property tax 
        levy to the county auditor, as determined by the commissioner of 
        revenue. 
           Sec. 55.  Minnesota Statutes 1994, section 290.01, 
        subdivision 3a, is amended to read: 
           Subd. 3a.  [TRUST.] The term "trust" has the meaning 
        provided under the Internal Revenue Code of 1986, as amended 
        through December 31, 1993, and also means designated settlement 
        fund as defined in and taxed federally under section 468B of the 
        Internal Revenue Code of 1986, as amended through December 31, 
        1993. 
           Sec. 56.  Minnesota Statutes 1994, section 290.01, 
        subdivision 19d, is amended to read: 
           Subd. 19d.  [CORPORATIONS; MODIFICATIONS DECREASING FEDERAL 
        TAXABLE INCOME.] For corporations, there shall be subtracted 
        from federal taxable income after the increases provided in 
        subdivision 19c:  
           (1) the amount of foreign dividend gross-up added to gross 
        income for federal income tax purposes under section 78 of the 
        Internal Revenue Code; 
           (2) the amount of salary expense not allowed for federal 
        income tax purposes due to claiming the federal jobs credit 
        under section 51 of the Internal Revenue Code; 
           (3) any dividend (not including any distribution in 
        liquidation) paid within the taxable year by a national or state 
        bank to the United States, or to any instrumentality of the 
        United States exempt from federal income taxes, on the preferred 
        stock of the bank owned by the United States or the 
        instrumentality; 
           (4) amounts disallowed for intangible drilling costs due to 
        differences between this chapter and the Internal Revenue Code 
        in taxable years beginning before January 1, 1987, as follows: 
           (i) to the extent the disallowed costs are represented by 
        physical property, an amount equal to the allowance for 
        depreciation under Minnesota Statutes 1986, section 290.09, 
        subdivision 7, subject to the modifications contained in 
        subdivision 19e; and 
           (ii) to the extent the disallowed costs are not represented 
        by physical property, an amount equal to the allowance for cost 
        depletion under Minnesota Statutes 1986, section 290.09, 
        subdivision 8; 
           (5) the deduction for capital losses pursuant to sections 
        1211 and 1212 of the Internal Revenue Code, except that: 
           (i) for capital losses incurred in taxable years beginning 
        after December 31, 1986, capital loss carrybacks shall not be 
        allowed; 
           (ii) for capital losses incurred in taxable years beginning 
        after December 31, 1986, a capital loss carryover to each of the 
        15 taxable years succeeding the loss year shall be allowed; 
           (iii) for capital losses incurred in taxable years 
        beginning before January 1, 1987, a capital loss carryback to 
        each of the three taxable years preceding the loss year, subject 
        to the provisions of Minnesota Statutes 1986, section 290.16, 
        shall be allowed; and 
           (iv) for capital losses incurred in taxable years beginning 
        before January 1, 1987, a capital loss carryover to each of the 
        five taxable years succeeding the loss year to the extent such 
        loss was not used in a prior taxable year and subject to the 
        provisions of Minnesota Statutes 1986, section 290.16, shall be 
        allowed; 
           (6) an amount for interest and expenses relating to income 
        not taxable for federal income tax purposes, if (i) the income 
        is taxable under this chapter and (ii) the interest and expenses 
        were disallowed as deductions under the provisions of section 
        171(a)(2), 265 or 291 of the Internal Revenue Code in computing 
        federal taxable income; 
           (7) in the case of mines, oil and gas wells, other natural 
        deposits, and timber for which percentage depletion was 
        disallowed pursuant to subdivision 19c, clause (11), a 
        reasonable allowance for depletion based on actual cost.  In the 
        case of leases the deduction must be apportioned between the 
        lessor and lessee in accordance with rules prescribed by the 
        commissioner.  In the case of property held in trust, the 
        allowable deduction must be apportioned between the income 
        beneficiaries and the trustee in accordance with the pertinent 
        provisions of the trust, or if there is no provision in the 
        instrument, on the basis of the trust's income allocable to 
        each; 
           (8) for certified pollution control facilities placed in 
        service in a taxable year beginning before December 31, 1986, 
        and for which amortization deductions were elected under section 
        169 of the Internal Revenue Code of 1954, as amended through 
        December 31, 1985, an amount equal to the allowance for 
        depreciation under Minnesota Statutes 1986, section 290.09, 
        subdivision 7; 
           (9) the amount included in federal taxable income 
        attributable to the credits provided in Minnesota Statutes 1986, 
        section 273.1314, subdivision 9, or Minnesota Statutes, section 
        469.171, subdivision 6; 
           (10) amounts included in federal taxable income that are 
        due to refunds of income, excise, or franchise taxes based on 
        net income or related minimum taxes paid by the corporation to 
        Minnesota, another state, a political subdivision of another 
        state, the District of Columbia, or a foreign country or 
        possession of the United States to the extent that the taxes 
        were added to federal taxable income under section 290.01, 
        subdivision 19c, clause (1), in a prior taxable year; 
           (11) the following percentage of royalties, fees, or other 
        like income accrued or received from a foreign operating 
        corporation or a foreign corporation which is part of the same 
        unitary business as the receiving corporation: 
              Taxable Year 
              Beginning After .......... Percentage 
              December 31, 1988 ........ 50 percent 
              December 31, 1990 ........ 80 percent;    
           (12) income or gains from the business of mining as defined 
        in section 290.05, subdivision 1, clause (a), that are not 
        subject to Minnesota franchise tax; 
           (13) the amount of handicap access expenditures in the 
        taxable year which are not allowed to be deducted or capitalized 
        under section 44(d)(7) of the Internal Revenue Code of 1986; 
           (14) the amount of qualified research expenses not allowed 
        for federal income tax purposes under section 280C(c) of the 
        Internal Revenue Code, but only to the extent that the amount 
        exceeds the amount of the credit allowed under section 290.068; 
        and 
           (15) the amount of salary expenses not allowed for federal 
        income tax purposes due to claiming the Indian employment credit 
        under section 45A(a) of the Internal Revenue Code of 1986, as 
        amended through December 31, 1993. 
           Sec. 57.  Minnesota Statutes 1994, section 290.05, 
        subdivision 3, is amended to read: 
           Subd. 3.  (a) An organization exempt from taxation under 
        subdivision 2 shall, nevertheless, be subject to tax under this 
        chapter to the extent provided in the following provisions of 
        the Internal Revenue Code:  
           (i) section 527 (dealing with political organizations); 
           (ii) section 528 (dealing with certain homeowners 
        associations); 
           (iii) sections 511 to 515 (dealing with unrelated business 
        income); 
           (iv) section 521 (dealing with farmers' cooperatives); and 
           (v) section 6033(e)(2) (dealing with lobbying expense); but 
        notwithstanding this subdivision, shall be considered an 
        organization exempt from income tax for the purposes of any law 
        which refers to organizations exempt from income taxes.  
           (b) The tax shall be imposed on the taxable income of 
        political organizations or homeowner associations or the 
        unrelated business taxable income, as defined in section 512 of 
        the Internal Revenue Code, of organizations defined in section 
        511 of the Internal Revenue Code, provided that the tax is not 
        imposed on:  
           (1) advertising revenues from a newspaper published by an 
        organization described in section 501(c)(4) of the Internal 
        Revenue Code; or 
           (2) revenues from lawful gambling authorized under chapter 
        349 that are expended for purposes that qualify for the 
        deduction for charitable contributions under section 170 of the 
        Internal Revenue Code of 1986, as amended through December 31, 
        1993, disregarding the limitation under section 170(b)(2), but 
        only to the extent the contributions are not deductible in 
        computing federal taxable income. 
           The tax shall be at the corporate rates.  The tax shall 
        only be imposed on income and deductions assignable to this 
        state under sections 290.17 to 290.20.  To the extent deducted 
        in computing federal taxable income, the deductions contained in 
        section 290.21 shall not be allowed in computing Minnesota 
        taxable net income. 
           (c) The tax shall be imposed on organizations subject to 
        federal tax under section 6033(e)(2) of the Internal Revenue 
        Code of 1986, as amended through December 31, 1993, in an amount 
        equal to the corporate tax rate multiplied by the amount of 
        lobbying expenses taxed under section 6033(e)(2) which are 
        attributable to lobbying the Minnesota state government. 
           Sec. 58.  Minnesota Statutes 1994, section 294.03, 
        subdivision 2, is amended to read: 
           Subd. 2.  In case of any failure to make and file a return 
        as required by this chapter within the time prescribed by law or 
        prescribed by the commissioner in pursuance of law, a penalty is 
        imposed of five percent of the amount of tax not timely paid.  
        The amount so added to any tax shall be collected at the same 
        time and in the same manner and as a part of the tax, and the 
        amount of said tax together with the amount so added shall bear 
        interest at the rate specified in section 270.75 from the time 
        such tax should have been paid until paid unless the tax has 
        been paid before the discovery of the neglect, in which case the 
        amount so added shall be collected in the same manner as the tax.
           For purposes of this subdivision, the amount of any taxes 
        required to be shown on the return shall be reduced by the 
        amount of any part of the tax which is paid on or before the 
        date prescribed for payment of the tax and by the amount of any 
        credit against the tax which may be claimed upon the return. 
           Sec. 59.  Minnesota Statutes 1994, section 297A.25, 
        subdivision 21, is amended to read: 
           Subd. 21.  [TEXTBOOKS.] The gross receipts from the sale of 
        textbooks which are prescribed for use in conjunction with a 
        course of study in a public or private school, college, 
        university and business or trade school to students who are 
        regularly enrolled at such institutions are exempt.  For 
        purposes of this subdivision a "public school" is defined as one 
        that furnishes course of study, enrollment and staff that meets 
        standards of the state board of education and a "private school" 
        is one which under the standards of the state board of 
        education, provides an education substantially equivalent to 
        that furnished at a public school.  "Business and trade schools" 
        shall mean such schools licensed pursuant to section 141.25. 
           Sec. 60.  [REPEALER.] 
           Minnesota Statutes 1994, section 297A.25, subdivision 50, 
        is repealed. 
           Sec. 61.  Minnesota Statutes 1994, section 299F.72, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SCOPE.] For the purposes of sections 
        299F.71 to 299F.83 299F.72 to 299F.831; 609.48, subdivision 4; 
        609.52, subdivision 3; 609.561; 609.562; 609.563; and 609.713, 
        the terms defined in this section have the meanings given them.  
           Sec. 62.  Minnesota Statutes 1994, section 299L.05, is 
        amended to read: 
           299L.05 [GAMBLING VIOLATIONS; RESTRICTIONS ON FURTHER 
        ACTIVITY.] 
           An owner of an establishment is prohibited from having 
        lawful gambling under chapter 349 conducted on the premises, or 
        selling any lottery tickets under chapter 349A, or having a 
        video game of chance as defined under section 349.50 located on 
        the premises, if a person was convicted of violating section 
        609.76, subdivision 1, clause (7), or 609.76, subdivision (2), 
        for an activity occurring on the owner's premises. 
           Sec. 63.  Minnesota Statutes 1994, section 299L.07, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [RESTRICTIONS.] (a) A manufacturer licensed 
        under this section may sell, offer to sell, lease, or rent, in 
        whole or in part, a gambling device only to a distributor 
        licensed under this section. 
           (b) A distributor licensed under this section may sell, 
        offer to sell, market, rent, lease, or other otherwise provide, 
        in whole or in part, a gambling device only to: 
           (1) the governing body of a federally recognized Indian 
        tribe that is authorized to operate the gambling device under a 
        tribal state compact under the Indian Gaming Regulatory Act, 
        Public Law Number 100-497, and future amendments to it; 
           (2) a person for use in the person's dwelling for display 
        or amusement purposes in a manner that does not afford players 
        an opportunity to obtain anything of value. 
           Sec. 64.  Minnesota Statutes 1994, section 308A.503, 
        subdivision 3, is amended to read: 
           Subd. 3.  [STATE AND HOSPITAL MEMBERS AUTHORIZED.] The 
        state, or any agency, instrumentality, or political subdivision 
        of the state, may be a member of a health care cooperative.  Any 
        governmental hospital authorized, organized or operated under 
        chapters 158, 250, 376, or 397 or under sections 246A.10 to 
        246A.27, 412.221, 447.05 to 447.13, or 471.50, or under any 
        special law authorizing or establishing a hospital or hospital 
        district, may be a member of a health care provider cooperative. 
           Sec. 65.  Minnesota Statutes 1994, section 317A.733, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ARTICLES; WHEN FILED.] Articles of 
        dissolution for a corporation dissolving under section 317A.721 
        must be filed with the secretary of state after compliance with 
        section 317A.811, if applicable, and:  
           (1) the payment of claims of known creditors and claimants 
        has been made or provided for; 
           (2) if the corporation has given notice to creditors and 
        claimants in the manner provided in section 317A.727:  (i) the 
        90-day period in section 317A.727, subdivision 2, 
        clause (4) (5), has expired and the payment of claims of the 
        creditors and claimants filing a claim within that period has 
        been made or provided for; or (ii) the longer of the periods 
        described in section 317A.729, clause (2), has expired; or, in 
        all other cases; 
           (3) the two-year period described in section 317A.730 has 
        expired.  
           Sec. 66.  Minnesota Statutes 1994, section 317A.733, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CONTENTS OF ARTICLES.] The articles of 
        dissolution must state:  
           (a)(1) whether notice has been given to the creditors and 
        claimants of the corporation in the manner provided in section 
        317A.727 and, if notice has been given, the last date on which 
        the notice was given and:  (i) that the payment of the creditors 
        and claimants filing a claim within the 90-day period set forth 
        in section 317A.727, subdivision 2, clause (4) (5), has been 
        made or provided for; or (ii) the date on which the longer of 
        the periods described in section 317A.729, clause (2), expired; 
        or 
           (2) if notice was not given and articles of dissolution are 
        being filed under subdivision 1, clause (1), that the debts, 
        obligations, and liabilities of the corporation have been paid 
        and discharged or that adequate provisions have been made for 
        them; 
           (b) that the remaining assets of the corporation have been 
        distributed under section 317A.735 or that adequate provision 
        has been made for the distribution; 
           (c) that there are no pending legal, administrative, or 
        arbitration proceedings by or against the corporation, or that 
        adequate provision has been made for the satisfaction of a 
        judgment, order, or decree that may be entered against it in a 
        pending proceeding; and 
           (d) if applicable, that notice to the attorney general 
        required by section 317A.811 has been given and the waiting 
        period has expired or has been waived by the attorney general.  
           Sec. 67.  Minnesota Statutes 1994, section 340A.503, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CONSUMPTION.] (a) It is unlawful for any: 
           (1) retail intoxicating liquor or nonintoxicating liquor 
        licensee, municipal liquor store, or bottle club permit holder 
        under section 340A.414, to permit any person under the age of 21 
        years to drink alcoholic beverages on the licensed premises or 
        within the municipal liquor store; or 
           (2) person under the age of 21 years to consume any 
        alcoholic beverages.  If proven by a preponderance of the 
        evidence, it is an affirmative defense to a violation of this 
        clause that the defendant consumed the alcoholic beverage in the 
        household of the defendant's parent or guardian and with the 
        consent of the parent or guardian.  
           (b) An offense under paragraph (a), clause (2), may be 
        prosecuted either at the place where consumption occurs or the 
        place where evidence of consumption is observed. 
           (c) When a person is convicted of or adjudicated for an 
        offense under paragraph (a), clause (2), the court shall 
        determine whether the person consumed the alcohol while 
        operating a motor vehicle.  If so, the court shall notify the 
        commissioner of public safety of its determination.  Upon 
        receipt of the court's determination, the commissioner shall 
        suspend the person's driver's license or operating privileges 
        for 30 days, or for 180 days if the person has previously been 
        convicted of or adjudicated for an offense under paragraph (a), 
        clause (2).  
           (d) As used in this paragraph subdivision, "consume" 
        includes the ingestion of an alcoholic beverage and the physical 
        condition of having ingested an alcoholic beverage. 
           Sec. 68.  Minnesota Statutes 1994, section 349.12, 
        subdivision 25, is amended to read: 
           Subd. 25.  [LAWFUL PURPOSE.] (a) "Lawful purpose" means one 
        or more of the following:  
           (1) any expenditure by or contribution to a 501(c)(3) 
        organization, provided that the organization and expenditure or 
        contribution are in conformity with standards prescribed by the 
        board under section 349.154; 
           (2) a contribution to an individual or family suffering 
        from poverty, homelessness, or physical or mental disability, 
        which is used to relieve the effects of that poverty, 
        homelessness, or disability; 
           (3) a contribution to an individual for treatment for 
        delayed posttraumatic stress syndrome or a contribution to a 
        recognized program for the treatment of compulsive gambling on 
        behalf of an individual who is a compulsive gambler; 
           (4) a contribution to or expenditure on a public or private 
        nonprofit educational institution registered with or accredited 
        by this state or any other state; 
           (5) a contribution to a scholarship fund for defraying the 
        cost of education to individuals where the funds are awarded 
        through an open and fair selection process; 
           (6) activities by an organization or a government entity 
        which recognize humanitarian or military service to the United 
        States, the state of Minnesota, or a community, subject to rules 
        of the board, provided that the rules must not include mileage 
        reimbursements in the computation of the per occasion 
        reimbursement limit and must impose no aggregate annual limit on 
        the amount of reasonable and necessary expenditures made to 
        support: 
           (i) members of a military marching or colorguard unit for 
        activities conducted within the state; or 
           (ii) members of an organization solely for services 
        performed by the members at funeral services; 
           (7) recreational, community, and athletic facilities and 
        activities intended primarily for persons under age 21, provided 
        that such facilities and activities do not discriminate on the 
        basis of gender and the organization complies with section 
        349.154; 
           (8) payment of local taxes authorized under this chapter, 
        taxes imposed by the United States on receipts from lawful 
        gambling, the taxes imposed by section 297E.02, subdivisions 1, 
        4, 5, and 6, and the tax imposed on unrelated business income by 
        section 290.05, subdivision 3; 
           (9) payment of real estate taxes and assessments on 
        permitted gambling premises wholly owned by the licensed 
        organization paying the taxes, not to exceed: 
           (i) the amount which an organization may expend under board 
        rule on rent for premises used for bingo; or 
           (ii) $15,000 per year for premises used for other forms of 
        lawful gambling; 
           (10) a contribution to the United States, this state or any 
        of its political subdivisions, or any agency or instrumentality 
        thereof other than a direct contribution to a law enforcement or 
        prosecutorial agency; 
           (11) a contribution to or expenditure by a nonprofit 
        organization which is a church or body of communicants gathered 
        in common membership for mutual support and edification in 
        piety, worship, or religious observances; 
           (12) payment of one-half of the reasonable costs of an 
        audit required in section 297E.06, subdivision 4; 
           (13) a contribution to or expenditure on a wildlife 
        management project that benefits the public at-large, provided 
        that the state agency with authority over that wildlife 
        management project approves the project before the contribution 
        or expenditure is made; or 
           (14) expenditures, approved by the commissioner of natural 
        resources, by an organization for grooming and maintaining 
        snowmobile trails that are (1) grant-in-aid trails established 
        under section 116J.406 85.019, or (2) other trails open to 
        public use, including purchase or lease of equipment for this 
        purpose. 
           (b) Notwithstanding paragraph (a), "lawful purpose" does 
        not include: 
           (1) any expenditure made or incurred for the purpose of 
        influencing the nomination or election of a candidate for public 
        office or for the purpose of promoting or defeating a ballot 
        question; 
           (2) any activity intended to influence an election or a 
        governmental decision-making process; 
           (3) the erection, acquisition, improvement, expansion, 
        repair, or maintenance of real property or capital assets owned 
        or leased by an organization, unless the board has first 
        specifically authorized the expenditures after finding that (i) 
        the real property or capital assets will be used exclusively for 
        one or more of the purposes in paragraph (a); (ii) with respect 
        to expenditures for repair or maintenance only, that the 
        property is or will be used extensively as a meeting place or 
        event location by other nonprofit organizations or community or 
        service groups and that no rental fee is charged for the use; 
        (iii) with respect to expenditures, including a mortgage payment 
        or other debt service payment, for erection or acquisition only, 
        that the erection or acquisition is necessary to replace with a 
        comparable building, a building owned by the organization and 
        destroyed or made uninhabitable by fire or natural disaster, 
        provided that the expenditure may be only for that part of the 
        replacement cost not reimbursed by insurance; or (iv) with 
        respect to expenditures, including a mortgage payment or other 
        debt service payment, for erection or acquisition only, that the 
        erection or acquisition is necessary to replace with a 
        comparable building a building owned by the organization that 
        was acquired from the organization by eminent domain or sold by 
        the organization to a purchaser that the organization reasonably 
        believed would otherwise have acquired the building by eminent 
        domain, provided that the expenditure may be only for that part 
        of the replacement cost that exceeds the compensation received 
        by the organization for the building being replaced; 
           (4) an expenditure by an organization which is a 
        contribution to a parent organization, foundation, or affiliate 
        of the contributing organization, if the parent organization, 
        foundation, or affiliate has provided to the contributing 
        organization within one year of the contribution any money, 
        grants, property, or other thing of value; 
           (5) a contribution by a licensed organization to another 
        licensed organization unless the board has specifically 
        authorized the contribution.  The board must authorize such a 
        contribution when requested to do so by the contributing 
        organization unless it makes an affirmative finding that the 
        contribution will not be used by the recipient organization for 
        one or more of the purposes in paragraph (a); or 
           (6) a contribution to a statutory or home rule charter 
        city, county, or town by a licensed organization with the 
        knowledge that the governmental unit intends to use the 
        contribution for a pension or retirement fund. 
           Sec. 69.  Minnesota Statutes 1994, section 349.17, 
        subdivision 6, is amended to read: 
           Subd. 6.  [CONDUCT OF BINGO.] (a) Each bingo hard card and 
        paper sheets must have five horizontal rows of spaces with each 
        row except one having five numbers.  The center row must have 
        four numbers and the center space marked "free."  Each column 
        must have one of the letters B-I-N-G-O in order at the top.  
        Bingo paper sheets may also have numbers that are not preprinted 
        but are filled in by players. 
           (b) A game of bingo begins with the first letter and number 
        called.  Each player must cover or mark with a liquid dauber the 
        numbers when bingo balls, similarly numbered, are randomly 
        drawn, announced, and displayed to the players, either manually 
        or with a flashboard or and monitor.  The game is won when a 
        player has covered or marked a previously designated arrangement 
        of numbers on the card or sheet and declared bingo.  The game is 
        completed when a winning card or sheet is verified and a prize 
        awarded.  
           Sec. 70.  Minnesota Statutes 1994, section 352.01, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [INCLUDED EMPLOYEES.] (a) "State employee" 
        includes: 
           (1) employees of the Minnesota historical society; 
           (2) employees of the state horticultural society; 
           (3) employees of the Disabled American Veterans, Department 
        of Minnesota, Veterans of Foreign Wars, Department of Minnesota, 
        if employed before July 1, 1963; 
           (4) employees of the Minnesota crop improvement 
        association; 
           (5) employees of the adjutant general who are paid from 
        federal funds and who are not covered by any federal civilian 
        employees retirement system; 
           (6) employees of the state universities employed under the 
        university activities program; 
           (7) currently contributing employees covered by the system 
        who are temporarily employed by the legislature during a 
        legislative session or any currently contributing employee 
        employed for any special service as defined in clause (8) of 
        subdivision 2b; 
           (8) employees of the armory building commission; 
           (9) permanent employees of the legislature and persons 
        employed or designated by the legislature or by a legislative 
        committee or commission or other competent authority to conduct 
        a special inquiry, investigation, examination, or installation; 
           (10) trainees who are employed on a full-time established 
        training program performing the duties of the classified 
        position for which they will be eligible to receive immediate 
        appointment at the completion of the training period; 
           (11) employees of the Minnesota safety council; 
           (12) any employees on authorized leave of absence from the 
        transit operating division of the former metropolitan transit 
        commission who are employed by the labor organization which is 
        the exclusive bargaining agent representing employees of the 
        transit operating division; 
           (13) employees of the metropolitan council, metropolitan 
        parks and open space commission, metropolitan sports facilities 
        commission, or the metropolitan mosquito control commission 
        unless excluded or covered by another public pension fund or 
        plan under section 473.141, subdivision 12, or 473.415, 
        subdivision 3; 
           (14) judges of the tax court; and 
           (15) personnel employed on June 30, 1992, by the University 
        of Minnesota in the management, operation, or maintenance of its 
        heating plant facilities, whose employment transfers to an 
        employer assuming operation of the heating plant facilities, so 
        long as the person is employed at the University of Minnesota 
        heating plant by that employer or by its successor organization. 
           (b) Employees specified in paragraph (a), clause (15), are 
        included employees under paragraph (a) providing that employer 
        and employee contributions are made in a timely manner in the 
        amounts required by section 352.04.  Employee contributions must 
        be deducted from salary.  Employer contributions are the sole 
        obligation of the employer assuming operation of the University 
        of Minnesota heating plant facilities or any successor 
        organizations to that employer. 
           Sec. 71.  Minnesota Statutes 1994, section 354.07, 
        subdivision 7, is amended to read: 
           Subd. 7.  Notwithstanding chapter 16 16B, or any law to the 
        contrary, the board may use the services of the department of 
        administration, information services division, for electronic 
        data processing and related services or may contract for all or 
        a portion of such services. 
           Sec. 72.  Minnesota Statutes 1994, section 360.305, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [LIMITATIONS.] The moneys appropriated to 
        the commissioner of transportation as contemplated by sections 
        360.301 to 360.306 section 360.305 shall be used in accordance 
        with this chapter, in amounts not exceeding the sums specified 
        for individual purposes in the acts making such appropriations. 
        Unless otherwise provided in any such act, the governor may on 
        the governor's own initiative or upon application by the 
        commissioner of transportation order a change in the provisional 
        limitations on the amounts to be expended for the individual 
        purposes specified. 
           Sec. 73.  Minnesota Statutes 1994, section 360.305, 
        subdivision 2, is amended to read: 
           Subd. 2.  [COMMISSIONER'S ORDER; FEDERAL ESSENTIAL AIR 
        SERVICE PROGRAM.] (a) Before any expenditure of any of the money 
        appropriated pursuant to sections 360.301 to 360.306 section 
        360.305 to assist political subdivisions, municipalities, and 
        public corporations in acquiring, constructing, improving, 
        maintaining, and operating airports and other air navigation 
        facilities may be authorized, the commissioner of transportation 
        shall have made, with the approval of the governor, an order 
        designating the municipalities and airports which are a part of 
        the key airport system, the intermediate airport system, the 
        landing strip system, and the state system of radio and 
        navigational aids, in accordance with the definitions and 
        limitations stated in subdivision 3. 
           (b) The commissioner may use state airports fund money to 
        provide the state's matching portion required to participate in 
        the federal essential air service program under United States 
        Code, title 49 App., sections 1301 to 1551, as amended by the 
        Airport and Airway Safety and Capacity Expansion Act of 1987, 
        Public Law Number 100-223, section 202. 
           Sec. 74.  Minnesota Statutes 1994, section 360.305, 
        subdivision 5, is amended to read: 
           Subd. 5.  [COMMISSIONER'S POWERS.] The commissioner of 
        transportation shall cause to be prepared or supervise the 
        preparation of plans and specifications for the construction, 
        improvement, and maintenance of all airports and air navigation 
        facilities upon which expenditures are made pursuant to sections 
        360.301 to 360.306 section 360.305; approve such plans and 
        specifications; supervise and inspect all work; approve all 
        lawful changes in plans and specifications; approve estimates 
        for payments; and approve the construction when completed 
        according to such plans and specifications. 
           Sec. 75.  Minnesota Statutes 1994, section 365.125, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PUBLICATION.] An ordinance must be published 
        once in a qualified newspaper having general circulation in the 
        town.  The whole ordinance must be published unless the town 
        board decides that publishing its title and a summary of it 
        clearly tells the public of its intent and effect.  The text of 
        the ordinance, if published, must be in body type no smaller 
        than brevier or 8-point type as specified in section 331.07. 
           Sec. 76.  Minnesota Statutes 1994, section 383A.90, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PUBLIC CORPORATION.] The "public corporation" 
        means Ramsey Health Care, Inc., established by Minnesota 
        Statutes 1986, section 246A.02. 
           Sec. 77.  [REPEALER.] 
           Minnesota Statutes 1994, section 383B.614, subdivision 5, 
        is repealed. 
           Sec. 78.  Minnesota Statutes 1994, section 383D.71, 
        subdivision 2, is amended to read: 
           Subd. 2.  [LEASE OR SALE OF PROPERTY.] Dakota county may 
        sell or lease any facilities or property or property rights to 
        accomplish the purposes specified by sections 473.149, 473.151, 
        and 473.801 to 473.823, 473.831, 473.833, and 473.834.  The 
        property may be sold or leased in the manner provided by section 
        469.065 or may be sold or leased in the manner and on the terms 
        and conditions determined by the county board.  Each 
        metropolitan county may convey to or permit the use of the 
        property by a local government unit, with or without 
        compensation, without submitting the matter to the voters of the 
        county.  Real property or property rights acquired under this 
        section may not be disposed of in any manner unless and until 
        the county has submitted to the agency and the metropolitan 
        council for review and comment the terms on and the use for 
        which the property will be disposed of.  The agency and the 
        council shall review and comment on the proposed disposition 
        within 60 days after each has received the data relating thereto 
        from the county. 
           Sec. 79.  Minnesota Statutes 1994, section 462C.12, 
        subdivision 2, is amended to read: 
           Subd. 2.  [POWERS.] The board is granted the following 
        powers:  
           (a) The board may issue obligations and other forms of 
        indebtedness under this section, subject to the terms and 
        conditions set forth in the joint powers agreement, as may be 
        from time to time amended. 
           (b) The board is authorized to exercise the powers 
        conferred upon the cities of Minneapolis and St. Paul and their 
        designated housing and redevelopment authorities, or the powers 
        of an agency exercising the powers of a housing and 
        redevelopment authority by this chapter and chapter 462 and any 
        other general or special law of the state of Minnesota relating 
        to housing or housing finance.  The powers which may be 
        exercised by the board include, without limitation, the power to 
        undertake and implement projects, developments, or programs, the 
        power to issue and sell obligations and other forms of 
        indebtedness payable exclusively from the revenues of the 
        programs, projects, or developments undertaken by the board, or 
        any of the powers the Minnesota housing finance agency may 
        exercise under chapter 462A, provided that the obligations and 
        other forms of indebtedness may be sold upon terms and 
        conditions as the board may from time to time determine.  The 
        board may exercise the powers conferred by this section only 
        with respect to projects, programs, or developments within the 
        corporate limits of the cities of Minneapolis and St. Paul, 
        except as may be otherwise provided in a joint powers agreement 
        entered into under section 471.59 between the board and any 
        other city, housing and redevelopment authority, port authority 
        or economic development authority established under sections 
        469.090 to 469.108 in the state of Minnesota.  
           (c) For the purposes of section 474A.07, the board may be 
        authorized by the cities of Minneapolis and St. Paul, or by any 
        other city with which the board enters into a joint powers 
        agreement, to issue revenue bonds or obligations in an amount 
        not to exceed the amount of bonds allocated by general or 
        special law to such cities, or the board may issue mortgage 
        credit certificates in lieu thereof.  
           Sec. 80.  [REPEALER.] 
           Minnesota Statutes 1994, section 469.110, subdivision 9, is 
        repealed. 
           Sec. 81.  [REPEALER.] 
           Minnesota Statutes 1994, section 469.170, subdivision 9, is 
        repealed. 
           Sec. 82.  Minnesota Statutes 1994, section 473.121, 
        subdivision 11, is amended to read: 
           Subd. 11.  [INDEPENDENT COMMISSION, BOARD OR AGENCY.] 
        "Independent commission, board or agency" means governmental 
        entities with jurisdictions lying in whole or in part within the 
        metropolitan area but not including agencies that are subject to 
        the requirements of section 473.161. 
           Sec. 83.  Minnesota Statutes 1994, section 473.149, 
        subdivision 4, is amended to read: 
           Subd. 4.  [ADVISORY COMMITTEE.] The council shall establish 
        an advisory committee to aid in the preparation of the policy 
        plan, the performance of the council's responsibilities under 
        subdivisions 2 to 2e, the review of county master plans and 
        reports and applications for permits for waste facilities, under 
        sections 473.151, and 473.801 to 473.823, and 473.831, and other 
        duties determined by the council.  The committee shall consist 
        of one-third citizen representatives, one-third representatives 
        from metropolitan counties and municipalities, and one-third 
        representatives from private waste management firms.  A 
        representative from the pollution control agency, one from the 
        office of waste management established under section 115A.055, 
        and one from the Minnesota health department shall serve as ex 
        officio members of the committee. 
           Sec. 84.  Minnesota Statutes 1994, section 473.192, 
        subdivision 4, is amended to read: 
           Subd. 4.  [METROPOLITAN AIRPORTS COMMISSION; NOISE 
        ABATEMENT.] Nothing in this section shall be construed to 
        diminish the responsibility of the metropolitan airports 
        commission to conduct noise abatement programs under section 
        473.612 or any other state or federal law. 
           Sec. 85.  Minnesota Statutes 1994, section 473.3993, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [APPLICATION.] The definitions in this 
        section apply to sections section 473.3994 and 473.3996. 
           Sec. 86.  Minnesota Statutes 1994, section 473.405, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERAL.] The metropolitan council has the 
        powers and duties prescribed by this section and sections 
        473.404 473.407 to 473.449 and all powers necessary or 
        convenient to discharge its duties.  
           Sec. 87.  Minnesota Statutes 1994, section 473.405, 
        subdivision 12, is amended to read: 
           Subd. 12.  [MANAGEMENT CONTRACTS.] Notwithstanding any of 
        the other provisions of this section and sections 473.404 
        473.407 to 473.449, the council may, in lieu of directly 
        operating any public transit system or any part thereof, enter 
        into contracts for management services.  The contracts may 
        provide for compensation, incentive fees, the employment of 
        personnel, the services provided, and other terms and conditions 
        that the council deems proper.  The contracts must provide that 
        the compensation of personnel who work full time or 
        substantially full time providing management or other services 
        for the council is public data under chapter 13.  
           The council may not permit a contract manager to supervise 
        or manage internal audit activities.  Internal audit activity 
        must be supervised and managed directly by the council.  The 
        council shall advertise for bids and select contracts for 
        management services through competitive bidding.  The term of 
        the contract may not be longer than two years.  The contract 
        must include clear operating objectives, stating the service 
        policies and goals of the council in terms of the movement of 
        various passenger groups, and performance criteria, by means of 
        which success in achieving the operating objectives can be 
        measured.  The council shall consider and determine the 
        feasibility and desirability of having all its transit 
        management services provided internally by employees of the 
        council.  
           The employees of any public transit system operated 
        pursuant to the provisions of this subdivision for the purpose 
        of resolving any dispute arising under any existing or new 
        collective bargaining agreement relating to the terms or 
        conditions of their employment, may either engage in a concerted 
        refusal to work or to invoke the processes of final and binding 
        arbitration as provided by chapter 572, subject to any 
        applicable provisions of the agreement not inconsistent with law.
           Sec. 88.  Minnesota Statutes 1994, section 473.598, 
        subdivision 4, is amended to read: 
           Subd. 4.  [TREATMENT OF DATA.] (a) Except as specifically 
        provided in this subdivision, all data received by the 
        commission or council in the course of its negotiations and 
        acquisition of the basketball and hockey arena is public data.  
           (b) The commission may keep confidential data received or 
        prepared by its accountants or counsel for purposes of 
        negotiations with existing or potential lessees of the 
        basketball and hockey arena.  That data shall be confidential 
        data on individuals under section 13.02, subdivision 3, or 
        protected nonpublic data under section 13.02, subdivision 13, as 
        the case may be, unless the commission determines that public 
        release of the data would advance the negotiations, or until the 
        potential lessees have executed agreements with the commission 
        or the negotiations are unfavorably concluded.  
           (c) The following data shall be private data on individuals 
        under section 13.02, subdivision 12, or nonpublic data under 
        section 13.02, subdivision 9, as the case may be: 
           (1) data received by the commission or council from the 
        present lessees or potential lessees of the basketball and 
        hockey arena which if made public would, due to the disclosure, 
        permit a competitive economic advantage to other persons; 
           (2) data relating to affiliated entities of the parties 
        referred to in subdivision 2 3 which is not relevant to the due 
        diligence and economic feasibility study referred to under 
        subdivision 2 3; and 
           (3) data on individuals which is not relevant to the 
        finances of the basketball and hockey arena or useful to 
        demonstrate the financial ability of the potential lessees of 
        the arena to perform their agreements with the commission.  
           (d) For purposes of this subdivision, the terms 
        "commission" and "council" include their members and employees, 
        accountants, counsel, and consultants and the firm of 
        independent certified public accountants to be engaged under 
        subdivision 2.  
           (e) Notwithstanding the exceptions in this subdivision, 
        summary data which demonstrates the financial ability of the 
        lessees and potential lessees of the basketball and hockey arena 
        to perform their obligations under agreements with the 
        commission and data which relates in any way to the value of the 
        basketball and hockey arena and the amount by which the owners' 
        investment in the arena, including debt obligations, exceeds the 
        commission's payments to and assumption of the owners' debt 
        obligations, shall be public data.  
           Sec. 89.  Minnesota Statutes 1994, section 473.599, 
        subdivision 8, is amended to read: 
           Subd. 8.  [REIMBURSEMENT TO STATE.] The commission shall 
        compensate the state for its contribution from the general fund 
        under section 240A.08, plus accrued interest, after payment of 
        basketball and hockey arena debt service, the necessary and 
        appropriate funding of debt reserve of the basketball and hockey 
        arena and all expenses of operation, administration, and 
        maintenance and the funding of a capital reserve for the repair, 
        remodeling and renovation of the basketball and hockey arena.  
        Compensation paid to the state shall occur at the same time that 
        compensation is paid to the city of Minneapolis, as provided in 
        paragraph (n) of subdivision 4, on a basis proportionate to the 
        amount of forbearance of the entertainment tax or surcharge as 
        provided in paragraph (n) to that date, and the amount of 
        general fund appropriations paid by the state under section 
        240A.08 to that date.  No reimbursement will be paid under this 
        subdivision after (1) the aggregate amount of the appropriations 
        granted under Laws 1994, chapter 648, article 1, section 240A.08 
        to that time, plus accrued interest, has been reimbursed under 
        this subdivision, or (2) December 31, 2024, whichever is earlier.
           Sec. 90.  Minnesota Statutes 1994, section 473.811, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [RIGHT OF ACCESS.] Whenever the county deems it 
        necessary to the evaluation of a waste facility for enforcement 
        purposes or for the accomplishment of any purpose under sections 
        473.149, 473.153, and 473.801 to 473.834, the county, or any 
        employee or agent thereof when authorized by it, may enter upon 
        any property, public or private, for the purpose of obtaining 
        information or conducting surveys or investigations, provided 
        that the entrance and activity is undertaken after reasonable 
        notice and during normal business hours and provided that 
        compensation is made for any damage to the property caused by 
        the entrance and activity. 
           Sec. 91.  Minnesota Statutes 1994, section 473.811, 
        subdivision 5, is amended to read: 
           Subd. 5.  [ORDINANCES; SOLID WASTE COLLECTION AND 
        TRANSPORTATION.] (a) Each metropolitan county may adopt 
        ordinances governing the collection of solid waste.  A county 
        may adopt, but may not be required to adopt, an ordinance that 
        requires the separation from mixed municipal waste, by 
        generators before collection, of materials that can readily be 
        separated for use or reuse as substitutes for raw materials or 
        for transformation into a usable soil amendment. 
           (b) Each local unit of government within the metropolitan 
        area shall adopt an ordinance governing the collection of solid 
        waste within its boundaries.  If the county within which it is 
        located has adopted a collection ordinance, the local unit shall 
        adopt either the county ordinance by reference or a more strict 
        ordinance.  If the county within which it is located has adopted 
        a separation ordinance, the ordinance applies in all local units 
        within the county that have failed to meet the local abatement 
        performance standards, as stated in the most recent annual 
        county report.  
           (c) Ordinances of counties and local government units may 
        establish reasonable conditions respecting but shall not prevent 
        the transportation of solid waste by a licensed collector 
        through and between counties and local units, except as required 
        for the enforcement of any designation of a facility by a county 
        under chapter 115A or for enforcement of the prohibition on 
        disposal of unprocessed mixed municipal solid waste under 
        sections 473.848 and 473.849.  
           (d) A licensed collector or a metropolitan county or local 
        government unit may request review by the council of an 
        ordinance adopted under this subdivision.  The council shall 
        approve or disapprove the ordinance within 60 days of the 
        submission of a request for review.  The ordinance shall remain 
        in effect unless it is disapproved. 
           (e) Ordinances of counties and local units of government: 
           (1) shall provide for the enforcement of any designation of 
        facilities by the counties under chapter 115A; 
           (2) may require waste collectors and transporters to 
        deliver unprocessed mixed municipal solid waste generated in the 
        county to processing facilities; and 
           (3) may prohibit waste collectors and transporters from 
        delivering unprocessed mixed municipal solid waste generated in 
        the county to disposal facilities for final disposal. 
           (f) Nothing in this subdivision limits the authority of the 
        local government unit to regulate and license collectors of 
        solid waste or to require review or approval by the council for 
        ordinances regulating collection.  
           Sec. 92.  Minnesota Statutes 1994, section 473.834, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ALLOCATION OF DEBT SERVICE.] The annual debt 
        service on the council's solid waste bonds, issued 
        under Minnesota Statutes 1990, section 473.831, shall be 
        annually apportioned and certified by the council to each county 
        in the metropolitan area, in the proportion that the net tax 
        capacity of all taxable property within each county bears to the 
        net tax capacity of the taxable property in all the counties, 
        except that the apportionment to each county shall first be 
        adjusted to reflect exemptions from payment required by 
        subdivision 1. 
           Sec. 93.  Minnesota Statutes 1994, section 474A.061, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [HOUSING POOL ALLOCATION.] (a) On the first 
        business day that falls on a Monday of the calendar year, the 
        first Monday in February, the first Monday in March, and the 
        first Monday in April, the commissioner shall allocate available 
        bonding authority in the housing pool to applications received 
        by the Monday of the previous week for residential rental 
        projects that meet the eligibility criteria under section 
        474A.047.  After April 1, and through April 15, the Minnesota 
        housing finance agency may accept applications from cities for 
        single-family housing programs which meet program requirements 
        as follows:  
           (1) the housing program must meet a locally identified 
        housing need and be economically viable; 
           (2) the adjusted income of home buyers may not exceed the 
        greater of the agency's income limits or 80 percent of the area 
        median income as published by the Department of Housing and 
        Urban Development; 
           (3) house price limits may not exceed: 
           (i) the greater of agency house price limits or the federal 
        price limits for housing up to a maximum of $95,000; or 
           (ii) for a new construction affordability initiative, the 
        greater of 115 percent of agency house price limits or 90 
        percent of the median purchase price in the city for which the 
        bonds are to be sold up to a maximum of $95,000. 
           Data establishing the median purchase price in the city 
        must be included in the application by a city requesting house 
        price limits higher than the housing finance agency's house 
        price limits; 
           (4) the housing program meets the requirements of section 
        474A.048; and 
           (5) (4) an application deposit equal to one percent of the 
        requested allocation must be submitted with the city's signed 
        allocation agreement.  The agency shall submit the city's 
        application and application deposit to the commissioner when 
        requesting an allocation from the housing pool. 
           The Minnesota housing finance agency may accept 
        applications from July 1 through July 15 from cities for 
        single-family housing programs which meet program requirements 
        specified under clauses (1) to (5) (4) if bonding authority is 
        available in the housing pool.  The agency and a representative 
        for each applicant shall negotiate the terms of an agreement 
        regarding the allocation of available authority among the 
        applicants.  The agreement must allot available bonding 
        authority among the applicants.  For purposes of paragraphs (a) 
        to (d), "city" means county and has the meaning given it in 
        section 462C.02, subdivision 6, and "agency" means the Minnesota 
        housing finance agency.  
           (b) Upon reaching agreement with participating cities, the 
        agency shall forward the agreement and application deposit 
        checks to the commissioner.  The agreement must specify the 
        amounts allotted to each applicant.  The agency may issue bonds 
        on behalf of participating cities.  The agency shall request an 
        allocation from the commissioner for all applicants who choose 
        to have the agency issue bonds on their behalf and the 
        commissioner shall allocate the requested amount to the agency.  
        The agency may request an allocation at any time after the first 
        Monday in April and through the last Monday in July, but may 
        request an allocation no later than the last Monday in July.  
        The commissioner shall return any application deposit to a city 
        that paid an application deposit under paragraph (a), clause 
        (5) (4), but was not part of the agreement forwarded to the 
        commissioner under this paragraph. 
           (c) A city may choose to issue bonds on its own behalf or 
        through a joint powers agreement or may use bonding authority 
        for mortgage credit certificates and may request an allocation 
        from the commissioner.  If the total amount requested by all 
        applicants exceeds the amount available in the pool, the city 
        may not receive a greater allocation than the amount it would 
        have received under the agreement forwarded by the Minnesota 
        housing finance agency to the commissioner.  No city may request 
        or receive an allocation from the commissioner until the 
        agreement under paragraph (b) has been forwarded to the 
        commissioner.  On and after the first Monday in April and 
        through the last Monday in July, no city may receive an 
        allocation from the housing pool which has not first applied to 
        the Minnesota housing finance agency.  The commissioner shall 
        allocate the requested amount to the city or cities subject to 
        the limitations under this paragraph.  
           (d) If a city issues mortgage bonds from an allocation 
        received under paragraph (c), the issuer must provide for the 
        recycling of funds into new loans.  If the issuer is not able to 
        provide for recycling, the issuer must notify the commissioner 
        in writing of the reason that recycling was not possible and the 
        reason the issuer elected not to have the Minnesota housing 
        finance agency issue the bonds.  "Recycling" means the use of 
        money generated from the repayment and prepayment of loans for 
        further eligible loans or for the redemption of bonds and the 
        issuance of current refunding bonds. 
           (e) The total amount of allocation for mortgage bonds or 
        mortgage credit certificates for one city is limited to the 
        lesser of (i) $4,000,000 or (ii) 20 percent of the total amount 
        available for allocation for mortgage bonds from the housing 
        pool on the first Tuesday after the first Monday in April. 
           (f) No city in an entitlement county may apply for or be 
        allocated authority to issue bonds or use mortgage credit 
        certificates from the housing pool. 
           (g) A city that does not use at least 50 percent of their 
        allotment by April 15 and at least $200,000 of their allotment 
        in the calendar year in which the allotment is made available 
        under paragraph (b), may not apply to the housing pool for a 
        single-family mortgage bond or mortgage credit certificate 
        program allocation or receive an allotment under the housing 
        pool agreement in the succeeding calendar year. 
           Sec. 94.  Minnesota Statutes 1994, section 518.551, 
        subdivision 5, is amended to read: 
           Subd. 5.  [NOTICE TO PUBLIC AUTHORITY; GUIDELINES.] (a) The 
        petitioner shall notify the public authority of all proceedings 
        for dissolution, legal separation, determination of parentage or 
        for the custody of a child, if either party is receiving aid to 
        families with dependent children or applies for it subsequent to 
        the commencement of the proceeding.  The notice must contain the 
        full names of the parties to the proceeding, their social 
        security account numbers, and their birth dates.  After receipt 
        of the notice, the court shall set child support as provided in 
        this subdivision.  The court may order either or both parents 
        owing a duty of support to a child of the marriage to pay an 
        amount reasonable or necessary for the child's support, without 
        regard to marital misconduct.  The court shall approve a child 
        support stipulation of the parties if each party is represented 
        by independent counsel, unless the stipulation does not meet the 
        conditions of paragraph (i).  In other cases the court shall 
        determine and order child support in a specific dollar amount in 
        accordance with the guidelines and the other factors set forth 
        in paragraph (b) (c) and any departure therefrom.  The court may 
        also order the obligor to pay child support in the form of a 
        percentage share of the obligor's net bonuses, commissions, or 
        other forms of compensation, in addition to, or if the obligor 
        receives no base pay, in lieu of, an order for a specific dollar 
        amount. 
           (b) The court shall derive a specific dollar amount for 
        child support by multiplying the obligor's net income by the 
        percentage indicated by the following guidelines:  
        Net Income Per            Number of Children 
        Month of Obligor 
                      1     2     3     4     5     6    7 or 
                                                         more 
        $550 and Below     Order based on the ability of the 
                           obligor to provide support  
                           at these income levels, or at higher  
                           levels, if the obligor has 
                           the earning ability. 
        $551 - 600   16%   19%   22%   25%   28%   30%   32% 
        $601 - 650   17%   21%   24%   27%   29%   32%   34% 
        $651 - 700   18%   22%   25%   28%   31%   34%   36% 
        $701 - 750   19%   23%   27%   30%   33%   36%   38% 
        $751 - 800   20%   24%   28%   31%   35%   38%   40% 
        $801 - 850   21%   25%   29%   33%   36%   40%   42% 
        $851 - 900   22%   27%   31%   34%   38%   41%   44% 
        $901 - 950   23%   28%   32%   36%   40%   43%   46% 
        $951 - 1000  24%   29%   34%   38%   41%   45%   48% 
        $1001- 5000  25%   30%   35%   39%   43%   47%   50% 
        or the amount 
        in effect under
        paragraph (k)
           Guidelines for support for an obligor with a monthly income 
        in excess of the income limit currently in effect under 
        paragraph (k) shall be the same dollar amounts as provided for 
        in the guidelines for an obligor with a monthly income equal to 
        the limit in effect. 
        Net Income defined as: 
                 
                 Total monthly 
                 income less           *(i) Federal Income Tax 
                                      *(ii) State Income Tax 
                                      (iii) Social Security
                                             Deductions 
                                       (iv) Reasonable
                                             Pension Deductions
                 *Standard 
                 Deductions apply-      (v) Union Dues 
                 use of tax tables     (vi) Cost of Dependent Health
                 recommended                 Insurance Coverage  
                                      (vii) Cost of Individual or Group
                                             Health/Hospitalization
                                             Coverage or an        
                                             Amount for Actual 
                                             Medical Expenses   
                                     (viii) A Child Support or  
                                             Maintenance Order that is
                                             Currently Being Paid. 
           "Net income" does not include: 
           (1) the income of the obligor's spouse, but does include 
        in-kind payments received by the obligor in the course of 
        employment, self-employment, or operation of a business if the 
        payments reduce the obligor's living expenses; or 
           (2) compensation received by a party for employment in 
        excess of a 40-hour work week, provided that: 
           (i) support is nonetheless ordered in an amount at least 
        equal to the guidelines amount based on income not excluded 
        under this clause; and 
           (ii) the party demonstrates, and the court finds, that: 
           (A) the excess employment began after the filing of the 
        petition for dissolution; 
           (B) the excess employment reflects an increase in the work 
        schedule or hours worked over that of the two years immediately 
        preceding the filing of the petition; 
           (C) the excess employment is voluntary and not a condition 
        of employment; 
           (D) the excess employment is in the nature of additional, 
        part-time or overtime employment compensable by the hour or 
        fraction of an hour; and 
           (E) the party's compensation structure has not been changed 
        for the purpose of affecting a support or maintenance obligation.
           The court shall review the work-related and 
        education-related child care costs paid and shall allocate the 
        costs to each parent in proportion to each parent's net income, 
        as determined under this subdivision, after the transfer of 
        child support and spousal maintenance, unless the allocation 
        would be substantially unfair to either parent.  There is a 
        presumption of substantial unfairness if after the sum total of 
        child support, spousal maintenance, and child care costs is 
        subtracted from the noncustodial parent's income, the income is 
        at or below 100 percent of the federal poverty guidelines.  The 
        cost of child care for purposes of this paragraph is 75 percent 
        of the actual cost paid for child care, to reflect the 
        approximate value of state and federal tax credits available to 
        the custodial parent.  The actual cost paid for child care is 
        the total amount received by the child care provider for the 
        child or children from the obligee or any public agency.  The 
        amount allocated for child care expenses is considered child 
        support but is not subject to a cost-of-living adjustment under 
        section 518.641.  The amount allocated for child care expenses 
        terminates when the child care costs end. 
           (c) In addition to the child support guidelines, the court 
        shall take into consideration the following factors in setting 
        or modifying child support or in determining whether to deviate 
        from the guidelines: 
           (1) all earnings, income, and resources of the parents, 
        including real and personal property, but excluding income from 
        excess employment of the obligor or obligee that meets the 
        criteria of paragraph (b), clause (2)(ii); 
           (2) the financial needs and resources, physical and 
        emotional condition, and educational needs of the child or 
        children to be supported; 
           (3) the standards standard of living the child would have 
        enjoyed had the marriage not been dissolved, but recognizing 
        that the parents now have separate households; 
           (4) which parent receives the income taxation dependency 
        exemption and what financial benefit the parent receives from 
        it; 
           (5) the parents' debts as provided in paragraph (d); and 
           (6) the obligor's receipt of assistance under sections 
        256.72 to 256.87 or 256B.01 to 256B.40.  
           (d) In establishing or modifying a support obligation, the 
        court may consider debts owed to private creditors, but only if: 
           (1) the right to support has not been assigned under 
        section 256.74; 
           (2) the court determines that the debt was reasonably 
        incurred for necessary support of the child or parent or for the 
        necessary generation of income.  If the debt was incurred for 
        the necessary generation of income, the court shall consider 
        only the amount of debt that is essential to the continuing 
        generation of income; and 
           (3) the party requesting a departure produces a sworn 
        schedule of the debts, with supporting documentation, showing 
        goods or services purchased, the recipient of them, the amount 
        of the original debt, the outstanding balance, the monthly 
        payment, and the number of months until the debt will be fully 
        paid. 
           (e) Any schedule prepared under paragraph (d), clause (3), 
        shall contain a statement that the debt will be fully paid after 
        the number of months shown in the schedule, barring emergencies 
        beyond the party's control.  
           (f) Any further departure below the guidelines that is 
        based on a consideration of debts owed to private creditors 
        shall not exceed 18 months in duration, after which the support 
        shall increase automatically to the level ordered by the court.  
        Nothing in this section shall be construed to prohibit one or 
        more step increases in support to reflect debt retirement during 
        the 18-month period.  
           (g) If payment of debt is ordered pursuant to this section, 
        the payment shall be ordered to be in the nature of child 
        support.  
           (h) Nothing shall preclude the court from receiving 
        evidence on the above factors to determine if the guidelines 
        should be exceeded or modified in a particular case.  
           (i) The guidelines in this subdivision are a rebuttable 
        presumption and shall be used in all cases when establishing or 
        modifying child support.  If the court does not deviate from the 
        guidelines, the court shall make written findings concerning the 
        amount of the obligor's income used as the basis for the 
        guidelines calculation and any other significant evidentiary 
        factors affecting the determination of child support.  If the 
        court deviates from the guidelines, the court shall make written 
        findings giving the amount of support calculated under the 
        guidelines, the reasons for the deviation, and shall 
        specifically address the criteria in paragraph (b) (c) and how 
        the deviation serves the best interest of the child.  The 
        provisions of this paragraph apply whether or not the parties 
        are each represented by independent counsel and have entered 
        into a written agreement.  The court shall review stipulations 
        presented to it for conformity to the guidelines and the court 
        is not required to conduct a hearing, but the parties shall 
        provide the documentation of earnings required under subdivision 
        5b. 
           (j) If the child support payments are assigned to the 
        public agency under section 256.74, the court may not deviate 
        downward from the child support guidelines unless the court 
        specifically finds that the failure to deviate downward would 
        impose an extreme hardship on the obligor. 
           (k) The dollar amount of the income limit for application 
        of the guidelines must be adjusted on July 1 of every 
        even-numbered year to reflect cost-of-living changes.  The 
        supreme court shall select the index for the adjustment from the 
        indices listed in section 518.641.  The state court 
        administrator shall make the changes in the dollar amount 
        required by this paragraph available to courts and the public on 
        or before April 30 of the year in which the amount is to change. 
           Sec. 95.  Minnesota Statutes 1994, section 518C.101, is 
        amended to read: 
           518C.101 [DEFINITIONS.] 
           In this chapter: 
           (a) "Child" means an individual, whether over or under the 
        age of majority, who is or is alleged to be owed a duty of 
        support by the individual's parent or who is or is alleged to be 
        the beneficiary of a support order directed to the parent. 
           (b) "Child support order" means a support order for a 
        child, including a child who has attained the age of majority 
        under the law of the issuing state. 
           (c) "Duty of support" means an obligation imposed or 
        imposable by law to provide support for a child, spouse, or 
        former spouse, including an unsatisfied obligation to provide 
        support. 
           (d) "Home state" means the state in which a child lived 
        with a parent or a person acting as parent for at least six 
        consecutive months immediately preceding the time of filing of a 
        petition or comparable pleading for support and, if a child is 
        less than six months old, the state in which the child lived 
        from birth with any of them.  A period of temporary absence of 
        any of them is counted as part of the six-month or other period. 
           (e) "Income" includes earnings or other periodic 
        entitlements to money from any source and any other property 
        subject to withholding for support under the law of this state. 
           (f) "Income-withholding order" means an order or other 
        legal process directed to an obligor's employer or other debtor 
        under section 518.611 or 518.613, to withhold support from the 
        income of the obligor. 
           (g) "Initiating state" means a state in which a proceeding 
        under this chapter or a law substantially similar to this 
        chapter, the uniform reciprocal enforcement of support act, or 
        the revised uniform reciprocal enforcement of support act is 
        filed for forwarding to a responding state. 
           (h) "Initiating tribunal" means the authorized tribunal in 
        an initiating state. 
           (i) "Issuing state" means the state in which a tribunal 
        issues a support order or renders a judgment determining 
        parentage. 
           (j) "Issuing tribunal" means the tribunal that issues a 
        support order or renders a judgment determining parentage. 
           (k) "Law" includes decisional and statutory law and rules 
        and regulations having the force of law. 
           (l) "Obligee" means: 
           (1) an individual to whom a duty of support is or is 
        alleged to be owed or in whose favor a support order has been 
        issued or a judgment determining parentage has been rendered; 
           (2) a state or political subdivision to which the rights 
        under a duty of support or support order have been assigned or 
        which has independent claims based on financial assistance 
        provided to an individual obligee; or 
           (3) an individual seeking a judgment determining parentage 
        of the individual's child. 
           (m) "Obligor" means an individual, or the estate of a 
        decedent: 
           (1) who owes or is alleged to owe a duty of support; 
           (2) who is alleged but has not been adjudicated to be a 
        parent of a child; or 
           (3) who is liable under a support order. 
           (n) "Petition" means a petition or comparable pleading used 
        pursuant to section 518.551, subdivision 10 518.5511. 
           (o) "Register" means to file a support order or judgment 
        determining parentage in the office of the court administrator. 
           (p) "Registering tribunal" means a tribunal in which a 
        support order is registered. 
           (q) "Responding state" means a state to which a proceeding 
        is forwarded under this chapter or a law substantially similar 
        to this chapter, the uniform reciprocal enforcement of support 
        act, or the revised uniform reciprocal enforcement of support 
        act. 
           (r) "Responding tribunal" means the authorized tribunal in 
        a responding state. 
           (s) "Spousal support order" means a support order for a 
        spouse or former spouse of the obligor. 
           (t) "State" means a state of the United States, the 
        District of Columbia, the Commonwealth of Puerto Rico, or any 
        territory or insular possession subject to the jurisdiction of 
        the United States.  "State" includes an Indian tribe and a 
        foreign jurisdiction that has established procedures for 
        issuance and enforcement of support orders that are 
        substantially similar to the procedures under this chapter.  
           (u) "Support enforcement agency" means a public official or 
        agency authorized to: 
           (1) seek enforcement of support orders or laws relating to 
        the duty of support; 
           (2) seek establishment or modification of child support; 
           (3) seek determination of parentage; or 
           (4) locate obligors or their assets. 
           (v) "Support order" means a judgment, decree, or order, 
        whether temporary, final, or subject to modification, for the 
        benefit of a child, spouse, or former spouse, which provides for 
        monetary support, health care, arrearages, or reimbursement, and 
        may include related costs and fees, interest, income 
        withholding, attorney's fees, and other relief. 
           (w) "Tribunal" means a court, administrative agency, or 
        quasi-judicial entity authorized to establish, enforce, or 
        modify support orders or to determine parentage. 
           Sec. 96.  Minnesota Statutes 1994, section 524.2-210, is 
        amended to read: 
           524.2-210 [PERSONAL LIABILITY OF RECIPIENTS.] 
           (a) Only original recipients of the decedent's nonprobate 
        transfers to others, and the donees of the recipients of the 
        decedent's nonprobate transfers to others, to the extent the 
        donees have the property or its proceeds, are liable to make a 
        proportional contribution toward satisfaction of the surviving 
        spouse's elective-share or supplemental elective-share amount.  
        A person liable to make contribution may choose to give up the 
        proportional part that has been received of the decedent's 
        nonprobate transfers or to pay the value of the amount for which 
        the person is liable.  
           (b) If any section or part of any section of this part is 
        preempted by federal law with respect to a payment, an item of 
        property, or any other benefit included in the decedent's 
        nonprobate transfers to others, a person who is not a bona fide 
        purchaser and who receives the payment, item of property, or any 
        other benefit is obligated to return the payment, item of 
        property, or benefit, or is personally liable for the amount of 
        the payment or the value of that item of property or benefit, as 
        provided in section 524.2-209, to the person who would have been 
        entitled to it were that section or part of that section not 
        preempted. 
           Sec. 97.  Minnesota Statutes 1994, section 525.011, 
        subdivision 1, is amended to read: 
           Subdivision 1.  Except in the counties of Hennepin and 
        Ramsey the probate court shall also exercise the powers, duties 
        and jurisdiction conferred upon courts by chapters 487, 491, and 
        492, and 493. 
           Sec. 98.  Minnesota Statutes 1994, section 554.04, 
        subdivision 2, is amended to read: 
           Subd. 2.  [DAMAGES.] (a) A moving party may petition the 
        court for damages under this section in conjunction with a 
        motion under this chapter. 
           (b) If a motion under this chapter is granted and the 
        moving party demonstrates that the respondent brought the cause 
        of action in the underlying lawsuit for the purpose of 
        harassment, to inhibit the moving party's public participation, 
        to interfere with the moving party's exercise of protected 
        constitutional rights, or otherwise wrongfully injure the moving 
        party, the court shall award the moving party actual damages.  
        The court may award the moving party punitive damages under 
        section 549.20.  A motion to amend the pleadings under section 
        529.191 549.191 is not required under this section, but the 
        claim for punitive damages must meet all other requirements of 
        section 549.191. 
           Sec. 99.  Minnesota Statutes 1994, section 609.342, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CRIME DEFINED.] A person who engages in 
        sexual penetration with another person, or in sexual contact 
        with a person under 13 years of age as defined in section 
        609.341, subdivision 11, paragraph (c), is guilty of criminal 
        sexual conduct in the first degree if any of the following 
        circumstances exists: 
           (a) the complainant is under 13 years of age and the actor 
        is more than 36 months older than the complainant.  Neither 
        mistake as to the complainant's age nor consent to the act by 
        the complainant is a defense; 
           (b) the complainant is at least 13 years of age but less 
        than 16 years of age and the actor is more than 48 months older 
        than the complainant and in a position of authority over the 
        complainant, and uses this authority to cause the complainant to 
        submit.  Neither mistake as to the complainant's age nor consent 
        to the act by the complainant is a defense; 
           (c) circumstances existing at the time of the act cause the 
        complainant to have a reasonable fear of imminent great bodily 
        harm to the complainant or another; 
           (d) the actor is armed with a dangerous weapon or any 
        article used or fashioned in a manner to lead the complainant to 
        reasonably believe it to be a dangerous weapon and uses or 
        threatens to use the weapon or article to cause the complainant 
        to submit; 
           (e) the actor causes personal injury to the complainant, 
        and either of the following circumstances exist: 
           (i) the actor uses force or coercion to accomplish sexual 
        penetration; or 
           (ii) the actor knows or has reason to know that the 
        complainant is mentally impaired, mentally incapacitated, or 
        physically helpless; 
           (f) the actor is aided or abetted by one or more 
        accomplices within the meaning of section 609.05, and either of 
        the following circumstances exists: 
           (i) an accomplice uses force or coercion to cause the 
        complainant to submit; or 
           (ii) an accomplice is armed with a dangerous weapon or any 
        article used or fashioned in a manner to lead the complainant 
        reasonably to believe it to be a dangerous weapon and uses or 
        threatens to use the weapon or article to cause the complainant 
        to submit; 
           (g) the actor has a significant relationship to the 
        complainant and the complainant was under 16 years of age at the 
        time of the sexual penetration.  Neither mistake as to the 
        complainant's age nor consent to the act by the complainant is a 
        defense; or 
           (h) the actor has a significant relationship to the 
        complainant, the complainant was under 16 years of age at the 
        time of the sexual penetration, and: 
           (i) the actor or an accomplice used force or coercion to 
        accomplish the penetration; 
           (ii) the complainant suffered personal injury; or 
           (iii) the sexual abuse involved multiple acts committed 
        over an extended period of time. 
           Neither mistake as to the complainant's age nor consent to 
        the act by the complainant is a defense. 
           Sec. 100.  Minnesota Statutes 1994, section 609.561, 
        subdivision 3, is amended to read: 
           Subd. 3.  Whoever unlawfully by means of fire or 
        explosives, intentionally destroys or damages any building not 
        included in subdivision 1, whether the property of the actor or 
        another, commits arson in the first degree if a combustible or 
        flammable liquid is used to start or accelerate the fire and may 
        be sentenced to imprisonment for not more than 20 years or a 
        fine of not more than $20,000, or both. 
           As used in this subdivision, "flammable liquid" means any 
        liquid having a flash point below 100 degrees Fahrenheit and 
        having a vapor pressure not exceeding 40 pounds per square inch 
        (absolute) at 100 degrees Fahrenheit, but does not include 
        intoxicating liquor as defined in section 340A.101.  As used in 
        this subdivision, "combustible liquid" means a liquid having a 
        flash point at or above 100 degrees Fahrenheit. 
           Sec. 101.  Minnesota Statutes 1994, section 609.66, 
        subdivision 1d, is amended to read: 
           Subd. 1d.  [FELONY; POSSESSION ON SCHOOL PROPERTY.] (a) 
        Whoever possesses, stores, or keeps a dangerous weapon or uses 
        or brandishes a replica firearm or a BB gun on school property 
        is guilty of a felony and may be sentenced to imprisonment for 
        not more than two years or to payment of a fine of not more than 
        $5,000, or both. 
           (b) Whoever possesses, stores, or keeps a replica firearm 
        or a BB gun on school property is guilty of a gross misdemeanor. 
           (c) As used in this subdivision: 
           (1) "BB gun" means a device that fires or ejects a shot 
        measuring .18 of an inch or less in diameter; 
           (2) "dangerous weapon" has the meaning given it in section 
        609.02, subdivision 6; 
           (3) "replica firearm" has the meaning given it in section 
        609.713; and 
           (4) "school property" means: 
           (i) a public or private elementary, middle, or secondary 
        school building and its grounds, whether leased or owned by the 
        school; and 
           (ii) the area within a school bus when that bus is being 
        used to transport one or more elementary, middle, or secondary 
        school students. 
           (d) This subdivision does not apply to: 
           (1) licensed peace officers, military personnel, or 
        students participating in military training, who are performing 
        official duties; 
           (2) persons who carry pistols according to the terms of a 
        permit; 
           (3) persons who keep or store in a motor vehicle pistols in 
        accordance with sections 624.714 and 624.715 or other firearms 
        in accordance with section 97B.045; 
           (4) firearm safety or marksmanship courses or activities 
        conducted on school property; 
           (5) possession of dangerous weapons, BB guns, or replica 
        firearms by a ceremonial color guard; 
           (6) a gun or knife show held on school property; or 
           (7) possession of dangerous weapons, BB guns, or replica 
        firearms with written permission of the principal. 
           Sec. 102.  [REPEALER.] 
           Minnesota Statutes 1994, section 611A.032, is repealed. 
           Sec. 103.  [REPEALER.] 
           Minnesota Statutes 1994, sections 624.01 and 624.03, are 
        repealed.  
           Sec. 104.  [REPEALER.] 
           Laws 1986, First Special Session chapter 1, article 9, 
        section 18, is repealed.  
           Sec. 105.  [REPEALER.] 
           Laws 1986, First Special Session chapter 2, article 3, 
        section 1, is repealed.  
           Sec. 106.  [REPEALER.] 
           Laws 1987, chapter 254, section 8, is repealed.  
           Sec. 107.  [REPEALER.] 
           Laws 1988, chapter 486, section 59, is repealed.  
           Sec. 108.  [REPEALER.] 
           Laws 1990, chapter 562, article 10, section 1, is repealed. 
           Sec. 109.  [REPEALER.] 
           Laws 1993, chapter 146, article 5, section 15, is repealed. 
           Sec. 110.  Laws 1993, chapter 273, section 1, as amended by 
        Laws 1994, chapter 623, article 1, section 41, is amended to 
        read: 
           Section 1.  [AUTHORIZATION TO TAKE TWO DEER IN CERTAIN 
        COUNTIES.] 
           Notwithstanding Minnesota Statutes, section 97B.301, 
        subdivision 2, during the 1994, 1995, and 1996 hunting seasons 
        in Kittleson Kittson, Lake of the Woods, Marshall, Pennington, 
        and Roseau counties a person may obtain one firearms deer 
        license and one archery deer license in the same license year 
        and may take one deer under each license. 
           Sec. 111.  [REPEALER.] 
           Laws 1994, chapter 485, section 14, is repealed. 
           Sec. 112.  Laws 1994, chapter 628, article 2, section 5, is 
        amended to read: 
           Sec. 5.  [APPLICATION.] 
           This article Laws 1994, chapter 628, article 2, applies in 
        the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, 
        and Washington. 
           Sec. 113.  [REPEALER.] 
           Laws 1994, chapter 647, article 1, section 4, is repealed.  
           Sec. 114.  Laws 1994, chapter 647, article 7, section 19, 
        subdivision 4, is amended to read: 
           Subd. 4.  [EDUCATIONAL PERFORMANCE IMPROVEMENT GRANTS.] For 
        an educational performance improvement grant pilot project under 
        section 10 18: 
              $800,000      .......      1995 
           The state board of education shall enter into contracts to 
        award at least three grants, one each to an urban, suburban, and 
        rural school district.  This appropriation is available until 
        June 30, 1996, unless the commissioner has entered into a 
        contract and has certified to the commissioner of finance the 
        amount needed to make payments on the contract.  Any remaining 
        appropriation shall cancel June 30, 1996.  
           Sec. 115.  [REPEALER.] 
           Laws 1994, chapter 647, article 8, section 46, paragraph 
        (b), is repealed. 
           Sec. 116.  [REVIVAL OF RULES.] 
           Notwithstanding Minnesota Statutes, section 645.36, 
        Minnesota Rules, parts 8700.6410, 8700.9000, 8700.9010, 
        8700.9020, and 8700.9030, relating to licensing of school health 
        professionals, repealed in Laws 1994, chapter 647, article 8, 
        section 46, paragraph (b), are revived on the effective date of 
        this section. 
           Sec. 117.  [REPEALER.] 
           Laws 1994, chapter 647, article 13, section 3, is repealed. 
           Sec. 118.  [REPEALER.] 
           Laws 1994, chapter 647, article 13, section 14, is repealed.
           Sec. 119.  [REVISOR'S INSTRUCTION.] 
           In each 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
             115C.08, subd. 3      296.14             296.141
             123.77, subd. 1       123.79             123.805 
             123.932, subd. 1a     123.937            123.947 
             124.225, subd. 8a     275.125, subd. 5   124.226, subd. 1
             126.661, subds. 1,6   126.67             126.681
             128C.08, subd. 1      129.121            128C.01 
             136A.101, subd. 1     136A.132           136A.1311 
             136A.121, subd. 16    136A.132           136A.1352 
             169.305, subd. 1      473.122            473.121 
             275.62, subd. 3       116K.04, subd. 4   4A.02 
             290A.03, subd. 13     274.19, subd. 8    273.125, subd. 8
             296.12, subd. 4       296.14, subd. 2    296.141, subd. 4
             296.16, subd. 2       296.14, subd. 2    296.141, subd. 4
             296.25, subd. 1       296.14             296.141 (twice)
             297E.09, subd. 3      349.219            297E.15 (twice)
             326.78, subds. 2,3,5  326.82             326.81 
             367.36, subd. 1       326.23             326.229 
             383A.12, subd. 2      245.68             245.66 
             383B.221, subd. 2     144.8092           144.8091
             394.24, subd. 3       473.122            473.121 
             394.25, subd. 5a      473.122            473.121 
             458A.26               197.45             197.455 
             458A.26               197.47             197.46 
             469.174, subd. 19     473.872            473.871 
             471.49, subd. 10      326.23             326.229 
             473.146, subd. 1      473.872            473.871 
             473.411, subds. 4,5   473.404            473.405 
             473.415, subd. 1      473.404            473.405 
             473.446, subd. 1      473.404            473.405 
             473.446, subd. 1a     473.404            473.405 
             473.449               473.404            473.405 
             473.639               360.093            360.073 
             473F.02, subd. 21     473.122            473.123 
             477A.0122, subd. 1    275.0725           257.0725
             524.1-201             527.01             527.21  
           Presented to the governor May 16, 1995 
           Signed by the governor May 18, 1995, 11:35 a.m.

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