Office of the Revisor of Statutes
Minnesota Session Laws - 1995, Regular Session
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conflicting, and superseded provisions; making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.
Official Publication of the State of Minnesota
Revisor of Statutes