Minnesota Session Laws - 1995, Regular Session

                             CHAPTER 185-S.F.No. 74 
                  An act relating to legislative enactments; providing 
                  for the correction of miscellaneous oversights, 
                  inconsistencies, ambiguities, unintended results, and 
                  technical errors of a noncontroversial nature; 
                  amending Minnesota Statutes 1994, sections 84.911, 
                  subdivision 7; 86B.335, subdivision 13; 115B.42, 
                  subdivision 1; 260.185, subdivision 6; 325F.692, 
                  subdivision 3; 326.71, subdivision 4; and 340A.503, 
                  subdivision 1; Laws 1994, chapter 527, section 7. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [CORRECTION 45.] Minnesota Statutes 1994, 
        section 84.911, subdivision 7, is amended to read: 
           Subd. 7.  [CORONER TO REPORT DEATH.] Every coroner or 
        medical examiner shall report in writing to the department of 
        natural resources the death of any person within the coroner's 
        jurisdiction of the coroner or medical examiner as the result of 
        an accident involving a recreational motor vehicle, as defined 
        in section 84.90, subdivision 1, and the circumstances of the 
        accident.  The report shall be made within 15 days after the 
        death. 
           In the case of drivers killed in recreational motor vehicle 
        accidents and of the death of passengers 14 years of age or 
        older, who die within four hours after accident, the coroner or 
        medical examiner shall examine the body and shall make tests as 
        are necessary to determine the presence and percentage 
        concentration of alcohol, and drugs if feasible, in the blood of 
        the victim.  This information shall be included in each report 
        submitted pursuant to the provisions of this subdivision and 
        shall be tabulated by the department of natural resources.  
        Periodically, the commissioner of natural resources must 
        transmit a summary of the reports to the commissioner of public 
        safety.  
           Sec. 2.  [CORRECTION 45.] Minnesota Statutes 1994, section 
        86B.335, subdivision 13, is amended to read: 
           Subd. 13.  [CORONER TO REPORT DEATH.] Every coroner or 
        medical examiner shall report in writing to the department of 
        natural resources the death of any person within the coroner's 
        jurisdiction of the coroner or medical examiner as the result of 
        an accident involving any watercraft or drowning and the 
        circumstances of the accident.  The report shall be made within 
        15 days after the death or recovery. 
           In the case of operators killed in watercraft accidents, or 
        the death of passengers or drowning victims 14 years of age or 
        older, who die within four hours after accident, the coroner or 
        medical examiner shall examine the body and shall make tests as 
        are necessary to determine the presence and percentage 
        concentration of alcohol, and drugs if feasible, in the blood of 
        the victim.  This information shall be included in each report 
        submitted pursuant to the provisions of this subdivision and 
        shall be tabulated by the department of natural resources.  
        Periodically, the commissioner of natural resources must 
        transmit a summary of the reports to the commissioner of public 
        safety.  
           Sec. 3.  [CORRECTION 48.] Minnesota Statutes 1994, section 
        115B.42, subdivision 1, is amended to read: 
           Subdivision 1.  [ESTABLISHMENT; APPROPRIATION; SEPARATE 
        ACCOUNTING.] (a) The landfill cleanup account is established in 
        the environmental fund in the state treasury.  The account 
        consists of money credited to the account and interest earned on 
        the money in the account.  Except as provided in section 
        115B.42, subdivision 2, clause (9) (7), money in the account is 
        annually appropriated to the commissioner for the purposes 
        listed in subdivision 2. 
           (b) The commissioner of finance shall separately account 
        for revenue deposited in the account from financial assurance 
        funds or other mechanisms, the metropolitan landfill contingency 
        action trust fund, and all other sources of revenue. 
           Sec. 4.  [CORRECTION 38.] Minnesota Statutes 1994, section 
        260.185, subdivision 6, is amended to read: 
           Subd. 6.  [OUT-OF-STATE PLACEMENTS.] (a) A court may not 
        place a preadjudicated delinquent, an adjudicated delinquent, or 
        a convicted extended jurisdiction juvenile in a residential or 
        detention facility outside Minnesota unless the commissioner of 
        corrections has certified that the facility: 
           (1) meets or exceeds the standards for Minnesota 
        residential treatment programs set forth in rules adopted by the 
        commissioner of human services and or the standards for juvenile 
        residential facilities set forth in rules adopted by the 
        commissioner of corrections or the standards for juvenile 
        detention facilities set forth in rules adopted by the 
        commissioner of corrections, as provided under paragraph (b); 
        and 
           (2) provides education, health, dental, and other necessary 
        care equivalent to that which the child would receive if placed 
        in a Minnesota facility licensed by the commissioner of 
        corrections or commissioner of human services. 
           (b) The interagency licensing agreement between the 
        commissioners of corrections and human services shall be used to 
        determine which rule shall be used for certification purposes 
        under this subdivision. 
           (c) The commissioner of corrections may charge each 
        facility evaluated a reasonable amount.  Money received is 
        annually appropriated to the commissioner of corrections to 
        defray the costs of the certification program. 
           Sec. 5.  [CORRECTION 32.] Minnesota Statutes 1994, section 
        325F.692, subdivision 3, is amended to read: 
           Subd. 3.  [BILLING; SEGREGATED CHARGES; NOTICE.] (a) A 
        telephone company or independent telephone company, as defined 
        in section 237.01, or any other entity that serves as the 
        billing agent for information service charges shall, to the 
        extent it has knowledge, list the charges for information 
        services separately from charges for local and long distance 
        telephone service charges on each telephone service subscriber's 
        billing statement, regardless of whether an information service 
        customer initiated a call to access the information service or 
        whether the information service provider initiated a call to the 
        customer to allow the customer access to the information 
        service.  It is fraud under section 325F.69 to knowingly 
        identify information service charges as telephone charges.  A 
        common carrier is liable for fraud under this subdivision only 
        if it knowingly participates in the misidentification. 
           (b) A bill or the portion of a telephone bill for 
        information services must contain the following language printed 
        in at least ten-point bold type or typewritten in capital 
        letters in a color or shade that readily contrasts with the 
        background: 
           "YOU HAVE THE RIGHT TO DISPUTE CHARGES FOR INFORMATION 
        SERVICE CALLS.  AS A TELEPHONE SERVICE SUBSCRIBER, YOU ARE NOT 
        LEGALLY RESPONSIBLE FOR INFORMATION SERVICE CHARGES INCURRED BY 
        OTHERS MINORS OR VULNERABLE ADULTS WITHOUT YOUR CONSENT EXCEPT 
        FOR CALLS MADE BY YOUR SPOUSE.  NEITHER A LONG DISTANCE COMPANY 
        NOR YOUR LOCAL TELEPHONE COMPANY MAY DISCONNECT YOUR SERVICE 
        BECAUSE YOU REFUSE TO PAY AN INFORMATION SERVICE CHARGE." 
        The notice required by this paragraph can be provided in 
        conjunction with other required notices. 
           Sec. 6.  [CORRECTION 37.] Minnesota Statutes 1994, section 
        326.71, subdivision 4, is amended to read: 
           Subd. 4.  [ASBESTOS-RELATED WORK.] "Asbestos-related work" 
        means the enclosure, removal, or encapsulation of 
        asbestos-containing material in a quantity that meets or exceeds 
        260 lineal feet of friable asbestos-containing material on 
        pipes, 160 square feet of friable asbestos-containing material 
        on other facility components, or, if linear feet or square feet 
        cannot be measured, a total of 35 cubic feet of friable 
        asbestos-containing material on or off all facility components 
        in one facility.  In the case of single or multifamily 
        residences, "asbestos-related work" also means the enclosure, 
        removal, or encapsulation of greater than ten but less than 260 
        lineal feet of friable asbestos-containing material on pipes or 
        ducts or greater than six but less than 160 square feet of 
        friable asbestos-containing material on other facility 
        components.  This provision excludes asbestos-containing floor 
        tiles and sheeting, roofing materials, siding, and all ceilings 
        with asbestos-containing material in single family residences 
        and buildings with no more than four dwelling units.  
        Asbestos-related work includes asbestos abatement area 
        preparation; enclosure, removal, or encapsulation, or repair 
        operations; and an air quality monitoring specified in rule to 
        assure that the abatement and adjacent areas are not 
        contaminated with asbestos fibers during the project and after 
        completion. 
           For purposes of this subdivision, the quantity of asbestos 
        containing material applies separately for every project permit 
        fee paid under section 326.75, subdivision 3.  
           Sec. 7.  [CORRECTION 45.] 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. 8.  [EFFECTIVE DATE.] 
           Sections 1 and 2 of this act take effect August 1, 1994.  
           Sections 3 and 4 are effective July 1, 1994. 
           Sections 6 and 7 are effective the day following final 
        enactment. 
           Presented to the governor May 16, 1995 
           Signed by the governor May 18, 1995, 11:33 a.m.