Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1996, Regular Session
Key: (1) language to be deleted (2) new language
KEY: stricken = old language to be removed
underscored = new language to be added
CHAPTER 305-H.F.No. 2938
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conflicting, and superseded provisions; making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
10A.27, subdivision 1; 13.99, subdivisions 8a and 19c;
14.47, subdivision 1; 17.03, subdivision 10; 18.54,
subdivisions 1 and 2; 18B.39; 18E.05, subdivision 1;
21.92; 32.417; 41A.023; 41A.04, subdivision 4;
44A.0311; 48.301; 60B.39, subdivision 5; 62D.02,
subdivision 4; 62D.12, subdivisions 12 and 13; 62E.04,
subdivision 8; 62E.09; 62I.22, subdivision 6; 72C.07,
subdivision 1; 83.23, subdivisions 2 and 3; 83.24,
subdivisions 3 and 5; 83.26, subdivision 1; 83.28,
subdivision 2; 83.30, subdivision 1; 83.31,
subdivisions 1 and 3; 83.39, subdivision 1; 85A.02,
subdivision 5b; 97B.025; 103G.301, subdivision 3;
103I.101, subdivision 5; 103I.525, subdivisions 8 and
9; 103I.531, subdivisions 8 and 9; 103I.535,
subdivision 8; 103I.541, subdivisions 4 and 5;
115A.156, subdivision 3; 115B.223, subdivision 2;
115C.07, subdivision 3; 116C.834, subdivision 1;
116J.403; 116J.63, subdivision 2; 116J.68, subdivision
2; 129D.14, subdivision 5; 136D.23, subdivisions 1 and
2; 136D.83, subdivisions 1 and 2; 144.98, subdivision
4; 145.61, subdivision 5; 145.889; 145.97; 148B.17;
148B.61, subdivision 2; 148B.64, subdivision 2;
148B.69, subdivision 1; 160.265, subdivision 2;
161.1231, subdivision 5; 169.128; 176.021, subdivision
7; 176.129, subdivisions 4a and 13; 176.225,
subdivision 2; 176.83, subdivision 7; 177.24,
subdivisions 1 and 4; 177.27, subdivision 6; 182.675;
183.375, subdivision 5; 183.411, subdivisions 2a and
3; 183.545; 197.447; 198.002, subdivision 2; 198.003,
subdivision 1; 205A.13; 216A.037, subdivision 3;
216B.164, subdivision 6; 216C.10; 216C.14, subdivision
3; 216C.15, subdivision 2; 216C.37, subdivision 7;
223.17, subdivision 3; 239.101, subdivision 4; 240.24,
subdivision 2; 240A.03, subdivision 10; 254B.041,
subdivision 2; 256.871, subdivision 7; 256.9753,
subdivision 3; 256.991; 256B.431, subdivision 22;
256B.501, subdivisions 5a and 10; 256B.502; 256B.503;
256B.74, subdivision 10; 268.166; 268.37, subdivision
3; 270.84, subdivision 1; 270A.12; 270B.07,
subdivision 4; 284.28, subdivisions 5 and 6; 298.39;
299L.07, subdivision 8; 299M.04; 308A.135, subdivision
3; 325D.01, subdivision 1; 325D.69, subdivision 2;
325D.70; 325F.20, subdivision 1; 326.47, subdivision
6; 326.86, subdivision 1; 349A.02, subdivision 6;
352.75, subdivision 6; 352B.26, subdivision 3;
353.271, subdivision 2; 353.84; 354.094, as amended;
354.53, subdivision 1; 354.55, subdivisions 14 and 15;
354.66, subdivisions 1 and 6; 354A.092; 354A.093;
355.391, subdivision 1; 355.392, subdivisions 2 and 3;
356.86, subdivision 2; 356.865, subdivision 2; 363.06,
subdivision 4a; 402.01, subdivision 1; 422A.06,
subdivision 5; 462A.06, subdivision 11; 462A.07,
subdivision 14; 462A.08, subdivision 3; 462A.236;
469.141, subdivision 2; 473.446, subdivision 2;
473.516, subdivision 3; 473.545; 473.639; 480A.06,
subdivision 3; 524.3-101; 524.3-108; 524.3-901;
524.3-1204; 525.712; 550.15; 583.285; 624.7132,
subdivision 8; 626A.13, subdivision 4; and 629.68;
Minnesota Statutes 1995 Supplement, sections 13.99,
subdivision 19h; 15.0591, subdivision 2; 15.991,
subdivision 1; 16A.6701, subdivision 1; 16B.43,
subdivision 1; 16B.748; 41A.066, subdivision 1;
43A.191, subdivision 3; 43A.24, subdivision 2; 47.60,
subdivision 4; 62A.307, subdivision 2; 62L.045,
subdivision 1; 62M.09, subdivision 5; 72C.03; 79A.31,
subdivision 1; 83.26, subdivision 2; 84.9691;
97A.0453; 103B.231, subdivision 3; 103G.301,
subdivision 2; 116.07, subdivisions 4 and 4d; 121.703,
subdivision 2; 144.057, subdivision 1; 144A.071,
subdivision 2; 144A.073, subdivision 8; 144D.06;
148C.03, subdivision 1; 151.37, subdivision 2; 237.16,
subdivision 11; 256.737, subdivision 1a; 256D.01,
subdivision 1b; 275.065, subdivision 6; 276.04,
subdivision 2; 295.50, subdivision 4; 297A.25,
subdivision 11; 326.50; 336.9-411; 354.05, subdivision
5; 354.63, subdivision 2; 354A.094, subdivision 4;
354D.01, subdivision 2; 354D.06; 462A.201, subdivision
2; 474.191; 525.6197; 609.101, subdivision 2; 609.485,
subdivisions 2 and 4; and 626.557, subdivision 16;
Laws 1995, chapters 159, section 1; 202, article 4,
section 24; and 212, article 4, section 65; First
Special Session chapter 3, article 8, section 25,
subdivision 6; repealing Minnesota Statutes 1994,
sections 13.99, subdivisions 2 and 39a; 148B.60,
subdivision 6; 177.28, subdivision 4; 222.61;
254B.041, subdivision 1; 289A.60, subdivision 9;
349.218; 471.6161, subdivision 7; 473.604, subdivision
7; and 473.704, subdivision 6; Laws 1991, chapter 354,
article 6, section 7, subdivisions 2 and 3; Laws 1995,
chapters 186, sections 38 and 78; 224, sections 117,
118, 119, 120, and 121; 234, article 3, section 3;
247, article 1, section 44; 248, article 10, section
15; and 259, article 3, section 7, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
GENERAL
Section 1. Minnesota Statutes 1994, section 10A.27,
subdivision 1, is amended to read:
Subdivision 1. [CONTRIBUTION LIMITS.] Except as provided
in subdivisions subdivision 2 and 6, no candidate shall permit
the candidate's principal campaign committee to accept aggregate
contributions made or delivered by any individual, political
committee, or political fund in excess of the following:
(a) to candidates for governor and lieutenant governor
running together, $2,000 in an election year for the office
sought and $500 in other years;
(b) to a candidate for attorney general, $1,000 in an
election year for the office sought and $200 in other years;
(c) to a candidate for the office of secretary of state,
state treasurer or state auditor, $500 in an election year for
the office sought and $100 in other years;
(d) to a candidate for state senator, $500 in an election
year for the office sought and $100 in other years; and
(e) to a candidate for state representative, $500 in an
election year for the office sought and $100 in the other year.
The following deliveries are not subject to the bundling
limitation in this subdivision:
(1) delivery of contributions collected by a member of the
candidate's principal campaign committee, such as a block worker
or a volunteer who hosts a fund raising event, to the
committee's treasurer; and
(2) a delivery made by an individual on behalf of the
individual's spouse.
Sec. 2. [REPEALER.]
Minnesota Statutes 1994, section 13.99, subdivision 2, is
repealed.
Sec. 3. Minnesota Statutes 1994, section 13.99,
subdivision 8a, is amended to read:
Subd. 8a. [DAIRY PRODUCT DATA.] Financial and production
information obtained by the commissioner of agriculture to
administer chapter 34 32 are classified under section 32.71,
subdivision 2.
Sec. 4. Minnesota Statutes 1994, section 13.99,
subdivision 19c, is amended to read:
Subd. 19c. [DATA ANALYSIS HEALTH DATA AND RESEARCH
INITIATIVES.] Data collected by the data analysis
unit commissioner of health for data and research initiatives
are classified under section 62J.30 62J.321, subdivision 7 5.
Sec. 5. Minnesota Statutes 1995 Supplement, section 13.99,
subdivision 19h, is amended to read:
Subd. 19h. [HEALTH CARE COST CONTAINMENT.] Data required
to be submitted under health care cost containment provisions
are classified by sections 62J.35, subdivision 3 62J.321,
subdivision 5, and 62J.45, subdivision 4a 62J.452, subdivision 2.
Sec. 6. [REPEALER.]
Minnesota Statutes 1994, section 13.99, subdivision 39a, is
repealed.
Sec. 7. Minnesota Statutes 1995 Supplement, section
15.0591, subdivision 2, is amended to read:
Subd. 2. [BODIES AFFECTED.] A member meeting the
qualifications in subdivision 1 must be appointed to the
following boards, commissions, advisory councils, task forces,
or committees:
(1) advisory council on battered women;
(2) advisory task force on the use of state facilities;
(3) alcohol and other drug abuse advisory council;
(4) board of examiners for nursing home administrators;
(5) board on aging;
(6) chiropractic examiners board;
(7) consumer advisory council on vocational rehabilitation;
(8) council on disability;
(9) council on affairs of Spanish-speaking people;
(10) council on black Minnesotans;
(11) dentistry board;
(12) department of economic security advisory council;
(13) higher education services office;
(14) housing finance agency;
(15) Indian advisory council on chemical dependency;
(16) medical practice board;
(17) medical policy directional task force on mental
health;
(18) Minnesota employment and economic development task
force;
(19) Minnesota office of citizenship and volunteer services
advisory committee;
(20) Minnesota state arts board;
(21) mortuary sciences advisory council;
(22) nursing board;
(23) optometry board;
(24) pharmacy board;
(25) physical therapists council;
(26) podiatry board;
(27) psychology board;
(28) veterans advisory committee.
Sec. 8. Minnesota Statutes 1995 Supplement, section
15.991, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For purposes of this section
and section 15.992:
(1) "business license" or "license" has the meaning given
it in section 116J.70, subdivision 2, and also includes licenses
and other forms of approval listed in section 116J.70,
subdivision 2a, clauses (7) and (8), but does not include those
listed in subdivision 2a, clauses (1) to (6);
(2) "customer" means an individual; a small business as
defined in section 645.445, but also including a nonprofit
corporation that otherwise meets the criteria in that section; a
family farm, family farm corporation, or family farm partnership
as defined in section 500.24, subdivision 2; or a political
subdivision as defined in section 3.881 103G.005, subdivision 2
14a;
(3) "initial agency" means the state agency to which a
customer submits an application for a license or inquires about
submitting an application; and
(4) "responsible agency" means the initial agency or
another state agency that agrees to be designated the
responsible agency.
Sec. 9. Minnesota Statutes 1995 Supplement, section
16A.6701, subdivision 1, is amended to read:
Subdivision 1. [STATE LICENSE AND SERVICE FEES.] For
purposes of section 16A.665 16A.67, subdivision 3, and this
section, the term "state license and service fees" means, and
refers to, all license fees, service fees, and charges imposed
by law and collected by any state officer, agency, or employee,
which are listed below or which are defined as departmental
earnings under section 16A.1285, subdivision 1, and the use of
which is not otherwise restricted by law, and which are not
required to be credited or transferred to a fund other than the
general fund:
Minnesota Statutes 1994, sections 3.9221; 5.12; 5.14; 5.16;
5A.04; 6.58; 13.03, subdivision 10; 16A.155; 16A.48; 16A.54;
16A.72; 16B.59; 16B.70; 17A.04; 18.51, subdivision 2; 18.53;
18.54; 18C.551; 19.58; 19.64; 27.041, subdivision 2, clauses (d)
and (e); 27.07, subdivision 5; 28A.08; 32.071; 32.075; 32.392;
35.71; 35.824; 35.95; 41C.12; 45.027, subdivisions 3 and 6;
46.041, subdivision 1; 46.131, subdivisions 2, 7, 8, 9, and 10;
47.101, subdivision 2; 47.54, subdivisions 1 and 4; 47.62,
subdivision 4; 47.65; 48.475, subdivision 1; 48.61, subdivision
7; 48.93; 49.36, subdivision 1; 52.01; 52.203; 53.03,
subdivisions 1, 5, and 6; 53.09, subdivision 1; 53A.03; 53A.05,
subdivision 1; 53A.081, subdivision 3; 54.294, subdivision 1;
55.04, subdivision 2; 55.095; 56.02; 56.04; 56.10; 59A.03,
subdivision 2; 59A.06, subdivision 3; 60A.14, subdivisions 1 and
2; 60A.23, subdivision 8; 60K.19, subdivision 5; 65B.48,
subdivision 3; 70A.14, subdivision 4; 72B.04, subdivision 10;
79.251, subdivision 5; 80A.28, subdivisions 1, 2, 3, 4, 5, 6, 7,
7a, 8, and 9; 80C.04, subdivision 1; 80C.07; 80C.08, subdivision
1; 80C.16, subdivisions 2 and 3; 80C.18, subdivision 2; 82.20,
subdivision 8 and 9; 82A.04, subdivision 1; 82A.08, subdivision
2; 82A.16, subdivisions 2 and 6; 82B.09, subdivision 1; 83.23,
subdivisions 2, 3, and 4; 83.25, subdivisions 1 and 2; 83.26,
subdivision 2; 83.30, subdivision 2; 83.31, subdivision 2;
83.38, subdivision 2; 85.052; 85.053; 85.055; 88.79, subdivision
2; 89.035; 89.21; 115.073; 115.77, subdivisions 1 and 2; 116.41,
subdivision 2; 116C.69; 116C.712; 116J.9673; 125.08; 136C.04,
subdivision 9; 155A.045; 155A.16; 168.27, subdivision 11;
168.33, subdivisions 3 and 7; 168.54; 168.67; 168.705; 168A.152;
168A.29; 169.345; 171.06, subdivision 2a; 171.29, subdivision 2;
176.102; 176.1351; 176.181, subdivision 2a; 177.30; 181A.12;
183.545; 183.57; 184.28; 184.29; 184A.09; 201.091, subdivision
5; 204B.11; 207A.02; 214.06; 216C.261; 221.0355; 239.101;
240.06; 240.07; 240.08; 240.09; 240.10; 246.51; 270.69,
subdivision 2; 270A.07; 272.484; 296.06; 296.12; 296.17; 297.04;
297.33; 299C.46; 299C.62; 299K.09; 299K.095; 299L.07; 299M.04;
300.49; 318.02; 323.44, subdivision 3; 325D.415; 326.22;
326.3331; 326.47; 326.50; 326.92, subdivisions 1 and 3; 327.33;
331A.02; 332.15, subdivisions 2 and 3; 332.17; 332.22,
subdivision 1; 332.33, subdivisions 3 and 4; 332.54, subdivision
7; 333.055; 333.20; 333.23; 336.9-413; 336A.04; 336A.05;
336A.09; 345.35; 345.43, subdivision 1; 345.44; 345.55,
subdivision 3; 347.33; 349.151; 349.161; 349.162; 349.163;
349.164; 349.165; 349.166; 349.167; 357.08; 359.01, subdivision
3; 360.018; 360.63; 386.68; and 414.01, subdivision 11;
Minnesota Statutes 1994, chapters 154; 216B; 237; 302A; 303;
308A; 317A; 322A; and 322B; Laws 1990, chapter 593; Laws 1993,
chapter 254, section 7; and Laws 1994, chapter 573, section 4;
Minnesota Rules, parts 1800.0500; 1950.1070; 2100.9300;
7515.0210; and 9545.2000 to 9545.2040.
Sec. 10. Minnesota Statutes 1995 Supplement, section
16B.43, subdivision 1, is amended to read:
Subdivision 1. [APPLICATION.] The authority of the
commissioner under sections 16B.40 to 16B.42, 16B.44, and 16B.45
applies to ESV-IS and to SDE-IS and computer-related services
provided to the department of children, families, and learning
by the department of administration's information services
bureau. For purposes of this section, "ESV-IS" and "SDE-IS"
have the meanings given them in Minnesota Statutes 1994, section
121.93.
Sec. 11. Minnesota Statutes 1995 Supplement, section
43A.191, subdivision 3, is amended to read:
Subd. 3. [AUDITS; SANCTIONS AND INCENTIVES.] (a) The
commissioner shall annually audit the record of each agency to
determine the rate of compliance with affirmative action
requirements.
(b) By March 1 of each odd-numbered year, the commissioner
shall submit a report on affirmative action progress of each
agency and the state as a whole to the governor and to the
finance committee of the senate, the appropriations ways and
means committee of the house of representatives, the
governmental operations committees of both houses of the
legislature, and the legislative commission on employee
relations. The report must include noncompetitive appointments
made under section 43A.08, subdivision 2a, or 43A.15,
subdivisions 3 to 13, and cover each agency's rate of compliance
with affirmative action requirements.
(c) An agency that does not meet its hiring goals must
justify its nonaffirmative action hires in competitive and
noncompetitive appointments according to criteria issued by the
department of employee relations. "Missed opportunity" includes
failure to justify a nonaffirmative action hire. An agency must
have 25 percent or less missed opportunities in competitive
appointments and 25 percent or less missed opportunities in
appointments made under sections 43A.08, subdivisions 1, clauses
(9), (11), and (16); and 2a; and 43A.15, subdivisions 3, 10, 12,
and 13. In addition, an agency shall:
(1) demonstrate a good faith effort to recruit protected
group members by following an active recruitment plan;
(2) implement a coordinated retention plan; and
(3) have an established complaint resolution procedure.
(d) The commissioner shall develop reporting standards and
procedures for measuring compliance.
(e) An agency is encouraged to develop other innovative
ways to promote awareness, acceptance, and appreciation for
diversity and affirmative action. These innovations will be
considered when evaluating an agency's compliance with this
section.
(f) An agency not in compliance with affirmative action
requirements of this section must identify methods and programs
to improve performance, to reallocate resources internally in
order to increase support for affirmative action programs, and
to submit program and resource reallocation proposals to the
commissioner for approval. An agency must submit these
proposals within 120 days of being notified by the commissioner
that it is out of compliance with affirmative action
requirements. The commissioner shall monitor quarterly the
affirmative action programs of an agency found to be out of
compliance.
(g) The commissioner shall establish a program to recognize
an agency that has made significant and measurable progress in
implementing an affirmative action plan.
Sec. 12. Minnesota Statutes 1995 Supplement, section
43A.24, subdivision 2, is amended to read:
Subd. 2. [OTHER ELIGIBLE PERSONS.] The following persons
are eligible for state paid life insurance and hospital,
medical, and dental benefits as determined in applicable
collective bargaining agreements or by the commissioner or by
plans pursuant to section 43A.18, subdivision 6, or by the board
of regents for employees of the University of Minnesota not
covered by collective bargaining agreements. Coverages made
available, including optional coverages, are as contained in the
plan established pursuant to section 43A.18, subdivision 2:
(a) a member of the state legislature, provided that
changes in benefits resulting in increased costs to the state
shall not be effective until expiration of the term of the
members of the existing house of representatives. An eligible
member of the state legislature may decline to be enrolled for
state paid coverages by filing a written waiver with the
commissioner. The waiver shall not prohibit the member from
enrolling the member or dependents for optional coverages,
without cost to the state, as provided for in section 43A.26. A
member of the state legislature who returns from a leave of
absence to a position previously occupied in the civil service
shall be eligible to receive the life insurance and hospital,
medical, and dental benefits to which the position is entitled;
(b) a permanent employee of the legislature or a permanent
employee of a permanent study or interim committee or commission
or a state employee on leave of absence to work for the
legislature, during a regular or special legislative session;
(c) a judge of the appellate courts or an officer or
employee of these courts; a judge of the district court, a judge
of county court, a judge of county municipal court, or a judge
of probate court; a district court referee, judicial officer,
court reporter, or law clerk; a district administrator; an
employee of the office of the district administrator that is not
in the second or fourth judicial district; a court administrator
or employee of the court administrator in the eighth judicial
district, and a guardian ad litem program administrator in the
eighth judicial district;
(d) a salaried employee of the public employees retirement
association;
(e) a full-time military or civilian officer or employee in
the unclassified service of the department of military affairs
whose salary is paid from state funds;
(f) a salaried employee of the Minnesota historical
society, whether paid from state funds or otherwise, who is not
a member of the governing board;
(g) an employee of the regents of the University of
Minnesota;
(h) notwithstanding section 43A.27, subdivision 3, an
employee of the state of Minnesota or the regents of the
University of Minnesota who is at least 60 and not yet 65 years
of age on July 1, 1982, who is otherwise eligible for employee
and dependent insurance and benefits pursuant to section 43A.18
or other law, who has at least 20 years of service and retires,
earlier than required, within 60 days of March 23, 1982; or an
employee who is at least 60 and not yet 65 years of age on July
1, 1982, who has at least 20 years of state service and retires,
earlier than required, from employment at Rochester state
hospital after July 1, 1981; or an employee who is at least 55
and not yet 65 years of age on July 1, 1982, and is covered by
the Minnesota state retirement system correctional employee
retirement plan or the state patrol retirement fund, who has at
least 20 years of state service and retires, earlier than
required, within 60 days of March 23, 1982. For purposes of
this clause, a person retires when the person terminates active
employment in state or University of Minnesota service and
applies for a retirement annuity. Eligibility shall cease when
the retired employee attains the age of 65, or when the employee
chooses not to receive the annuity that the employee has applied
for. The retired employee shall be eligible for coverages to
which the employee was entitled at the time of retirement,
subject to any changes in coverage through collective bargaining
or plans established pursuant to section 43A.18, for employees
in positions equivalent to that from which retired, provided
that the retired employee shall not be eligible for state-paid
life insurance. Coverages shall be coordinated with relevant
health insurance benefits provided through the federally
sponsored Medicare program;
(i) an employee of an agency of the state of Minnesota
identified through the process provided in this paragraph who is
eligible to retire prior to age 65. The commissioner and the
exclusive representative of state employees shall enter into
agreements under section 179A.22 to identify employees whose
positions are in programs that are being permanently eliminated
or reduced due to federal or state policies or practices.
Failure to reach agreement identifying these employees is not
subject to impasse procedures provided in chapter 179A. The
commissioner must prepare a plan identifying eligible employees
not covered by a collective bargaining agreement in accordance
with the process outlined in section 43A.18, subdivisions 2 and
3. For purposes of this paragraph, a person retires when the
person terminates active employment in state service and applies
for a retirement annuity. Eligibility ends as provided in the
agreement or plan, but must cease at the end of the month in
which the retired employee chooses not to receive an annuity, or
the employee is eligible for employer-paid health insurance from
a new employer. The retired employees shall be eligible for
coverages to which they were entitled at the time of retirement,
subject to any changes in coverage through collective bargaining
or plans established under section 43A.18 for employees in
positions equivalent to that from which they retired, provided
that the retired employees shall not be eligible for state-paid
life insurance;
(j) employees of the state public defender's office, and
district public defenders and their employees other than in the
second and fourth judicial districts, with eligibility
determined by the state board of public defense in consultation
with the commissioner of employee relations; and
(k) employees of the health data institute under section
62J.45, subdivision 8 62J.451, subdivision 12, as paid for by
the health data institute.
Sec. 13. Minnesota Statutes 1994, section 44A.0311, is
amended to read:
44A.0311 [WORLD TRADE CENTER CORPORATION ACCOUNT.]
The world trade center corporation account is in the
special revenue fund. All money received by the corporation,
including money generated from the use of the conference and
service center, must be deposited in the account. Money in the
account including interest earned is appropriated to the board
and must be used exclusively for corporation purposes. Any
money remaining in the account after sale of the assets or
ownership of the corporation under Minnesota Statutes 1992,
section 44A.12, shall revert to the general fund.
Sec. 14. Minnesota Statutes 1995 Supplement, section
47.60, subdivision 4, is amended to read:
Subd. 4. [BOOKS OF ACCOUNT; ANNUAL REPORT; SCHEDULE OF
CHARGES; DISCLOSURES.] (a) A lender filing under subdivision 3
shall keep and use in the business books, accounts, and records
as will enable the commissioner to determine whether the filer
is complying with this section.
(b) A lender filing under subdivision 3 shall annually on
or before March 15 file a report to the commissioner giving the
information the commissioner reasonably requires concerning the
business and operations during the preceding calendar year.
(c) A lender filing under subdivision 3 shall display
prominently in each place of business a full and accurate
schedule, to be approved by the commissioner, of the charges to
be made and the method of computing those charges;. A lender
shall furnish a copy of the contract of loan to a person
obligated on it or who may become obligated on it at any time
upon the request of that person. This is in addition to any
disclosures required by the federal Truth in Lending Act, United
States Code, title 15.
(d) A lender filing under subdivision 3 shall, upon
repayment of the loan in full, mark indelibly every obligation
signed by the borrower with the word "Paid" or "Canceled" within
20 days after repayment.
(e) A lender filing under subdivision 3 shall display
prominently, in each licensed place of business, a full and
accurate statement of the charges to be made for loans made
under this section. The statement of charges must be displayed
in a notice, on plastic or other durable material measuring at
least 12 inches by 18 inches, headed "CONSUMER NOTICE REQUIRED
BY THE STATE OF MINNESOTA." The notice shall include,
immediately above the statement of charges, the following
sentence, or a substantially similar sentence approved by the
commissioner: "These loan charges are higher than otherwise
permitted under Minnesota law. Minnesota law permits these
higher charges only because short-term small loans might
otherwise not be available to consumers. If you have another
source of a loan, you may be able to benefit from a lower
interest rate and other loan charges." The notice must not
contain any other statement or information, unless the
commissioner has determined that the additional statement or
information is necessary to prevent confusion or inaccuracy.
The notice must be designed with a type size that is large
enough to be readily noticeable and legible. The form of the
notice must be approved by the commissioner prior to its use.
Sec. 15. Minnesota Statutes 1994, section 48.301, is
amended to read:
48.301 [MULTIPARTY ACCOUNTS.]
When any deposit is made in the names of two or more
persons jointly, or by any person payable on death (P.O.D.) to
another, or by any person in trust for another, the rights of
the parties and the financial institution are determined by
chapter 528 524.
Sec. 16. Minnesota Statutes 1994, section 60B.39,
subdivision 5, is amended to read:
Subd. 5. [CLAIM BY RATING BUREAU.] The rating bureau in
carrying out its responsibilities under sections 79.28 to 79.32,
may file a claim with the liquidator for all sums paid or to be
paid by it.
Sec. 17. Minnesota Statutes 1995 Supplement, section
62A.307, subdivision 2, is amended to read:
Subd. 2. [REQUIREMENT.] Coverage described in subdivision
1 that covers prescription drugs must provide the same coverage
for a prescription written by a health care provider authorized
to prescribe the particular drug covered by the health coverage
described in subdivision 1, regardless of the type of health
care provider that wrote the prescription. This section is
intended to prohibit denial of coverage based on the
prescription having been written by an advanced practice nurse
under section 148.235, a physician assistant under section
147.34 147A.18, or any other nonphysician health care provider
authorized to prescribe the particular drug.
Sec. 18. Minnesota Statutes 1994, section 62D.02,
subdivision 4, is amended to read:
Subd. 4. (a) "Health maintenance organization" means a
nonprofit corporation organized under chapter 317A, or a local
governmental unit as defined in subdivision 11, controlled and
operated as provided in sections 62D.01 to 62D.30, which
provides, either directly or through arrangements with providers
or other persons, comprehensive health maintenance services, or
arranges for the provision of these services, to enrollees on
the basis of a fixed prepaid sum without regard to the frequency
or extent of services furnished to any particular enrollee.
(b) Notwithstanding paragraph (a), an organization licensed
as a health maintenance organization that accepts payments for
health care services on a capitated basis, or under another
similar risk sharing agreement, from a program of self-insurance
as described in section 60A.02, subdivision 3, paragraph (b),
shall not be regulated as a health maintenance organization with
respect to the receipt of the payments. The payments are not
premium revenues for the purpose of calculating the health
maintenance organization's liability for otherwise applicable
state taxes, assessments, or surcharges, with the exception of:
(1) the MinnesotaCare provider tax;
(2) the one percent premium tax imposed in section 60A.15,
subdivision 1, paragraph (d) (e); and
(3) effective July 1, 1995, assessments by the Minnesota
comprehensive health association.
This paragraph applies only where:
(1) the health maintenance organization does not bear risk
in excess of 110 percent of the self-insurance program's
expected costs;
(2) the employer does not carry stop loss, excess loss, or
similar coverage with an attachment point lower than 120 percent
of the self-insurance program's expected costs;
(3) the health maintenance organization and the employer
comply with the data submission and administrative
simplification provisions of chapter 62J;
(4) the health maintenance organization and the employer
comply with the provider tax pass-through provisions of section
295.582;
(5) the health maintenance organization's required minimum
reserves reflect the risk borne by the health maintenance
organization under this paragraph, with an appropriate
adjustment for the 110 percent limit on risk borne by the
community network;
(6) on or after July 1, 1994, but prior to January 1, 1995,
the employer has at least 1,500 current employees, as defined in
section 62L.02, or, on or after January 1, 1995, the employer
has at least 750 current employees, as defined in section
62L.02;
(7) the employer does not exclude any eligible employees or
their dependents, both as defined in section 62L.02, from
coverage offered by the employer, under this paragraph or any
other health coverage, insured or self-insured, offered by the
employer, on the basis of the health status or health history of
the person.
This paragraph expires December 31, 1997.
Sec. 19. Minnesota Statutes 1994, section 62D.12,
subdivision 12, is amended to read:
Subd. 12. No health maintenance contract issued or renewed
on or after July 1, 1980 shall contain any provision denying or
reducing benefits because services are rendered to an insured or
dependent who is eligible for or receiving medical assistance
pursuant to chapter 256B or services pursuant to section 252.27;
260.251, subdivision 1a; 261.27; or 393.07, subdivision 1 or 2.
Sec. 20. Minnesota Statutes 1994, section 62D.12,
subdivision 13, is amended to read:
Subd. 13. No health maintenance organization offering an
individual or group health maintenance contract shall refuse to
provide or renew the coverage because the applicant or enrollee
has an option to elect workers' compensation coverage pursuant
to section 176.012 176.041.
Sec. 21. Minnesota Statutes 1994, section 62E.04,
subdivision 8, is amended to read:
Subd. 8. [REDUCTION OF BENEFITS BECAUSE OF OTHER
SERVICES.] No policy of accident and health insurance shall
contain any provision denying or reducing benefits because
services are rendered to an insured or dependent who is eligible
for or receiving benefits pursuant to chapters 256B and 256D, or
sections 62E.51 to 62E.55 or 252.27; 260.251, subdivision 1a;
261.27; 393.07, subdivision 1 or 2.
Sec. 22. Minnesota Statutes 1994, section 62I.22,
subdivision 6, is amended to read:
Subd. 6. [CASE PRESENTATION.] The department of commerce,
upon request by small businesses as defined by section 14.115,
subdivision 1, shall assist small businesses in any specific
class requesting continuation of coverage beyond the 180-day
period, in coordinating the class and presenting the case in the
contested hearing.
For purposes of this subdivision, "small business" means a
business entity, including farming and other agricultural
operations and its affiliates, that (1) is independently owned
and operated; (2) is not dominant in its field; and (3) employs
fewer than 50 full-time employees or has gross annual sales of
less than $4,000,000.
Sec. 23. Minnesota Statutes 1995 Supplement, section
62L.045, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For purposes of this
section, the following terms have the meanings given:
(a) "Association" means:
(1) an association as defined in section 60A.02;
(2) a group or organization of political subdivisions;
(3) an educational cooperative a service unit cooperative
created under section 123.58 123.582; or
(4) a joint self-insurance pool authorized under section
471.617, subdivision 2.
(b) "Qualified association" means an association, as
defined in this subdivision, that:
(1) is registered with the commissioner of commerce;
(2) provides health plan coverage through a health carrier
that participates in the small employer market in this state,
other than through associations;
(3) has and adheres to membership and participation
criteria and health plan eligibility criteria that are not
designed to disproportionately include or attract small
employers that are likely to have low costs of health coverage
or to disproportionately exclude or repel small employers that
are likely to have high costs of health coverage; and
(4) permits any small employer that meets its membership,
participation, and eligibility criteria to become a member and
to obtain health plan coverage through the association.
Sec. 24. Minnesota Statutes 1995 Supplement, section
62M.09, subdivision 5, is amended to read:
Subd. 5. [WRITTEN CLINICAL CRITERIA.] A utilization review
organization's decisions must be supported by written clinical
criteria and review procedures in compliance with section
62M.07, paragraph (c). Clinical criteria and review procedures
must be established with appropriate involvement from actively
practicing physicians. A utilization review organization must
use written clinical criteria, as required, for determining the
appropriateness of the certification request. The utilization
review organization must have a procedure for ensuring, at a
minimum, the annual evaluation and updating of the written
criteria based on sound clinical principles.
Sec. 25. Minnesota Statutes 1995 Supplement, 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, 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. 26. Minnesota Statutes 1995 Supplement, section
79A.31, subdivision 1, is amended to read:
Subdivision 1. [WITHDRAWAL.] Any group self-insurer that
is a member as of August 1, 1995, of the self-insurers' security
fund established under section 79A.09, may until January 1,
1996, elect to withdraw from that fund and become a member of
the commercial self-insurance group security fund established
under section 79A.26. The transferring group shall be subject
to the provisions and requirements of sections 79A.19 to 79A.34
79A.32 as of the date of transfer. Additional security may be
required pursuant to section 79A.24. Group self-insurers
electing to transfer to the commercial self-insurance group fund
shall not be subject to the provisions of section 79A.06,
subdivision 5, including, but not limited to, assessments by the
self-insurers' security fund.
Sec. 27. Minnesota Statutes 1995 Supplement, section
103B.231, subdivision 3, is amended to read:
Subd. 3. [RESPONSIBLE UNITS.] (a) Where a watershed
management organization exists, the plan for the watershed must
be prepared and adopted by the organization.
(b) If a watershed management organization located wholly
outside of Hennepin and Ramsey counties, is terminated, or the
board of water and soil resources determines a plan is not being
implemented in accordance with its rules, the county or counties
containing the watershed unit shall prepare, adopt, and
implement the watershed plan and for this purpose the county or
counties have the planning, review, permitting, and financing
authority of a watershed management organization specified in
sections 103B.211 to 103B.255.
(c) If a watershed management organization within the
metropolitan area and wholly or partly within Hennepin or Ramsey
counties is terminated or the board of water and soil resources
determines a plan is not being implemented, the county or
counties shall petition for the establishment of a watershed
district under chapter 103D., provided that a district
established pursuant to a petition:
(1) may not cross a primary river or a river forming the
boundary between a metropolitan county and a county outside the
metropolitan area; and
(2) may not cross county boundaries to include territory
whose distinguishing characteristic is multiple drainage points
into a primary river.
(d) A watershed management organization may request a
county to prepare all or part of a plan.
(e) A county may delegate the preparation of all or part of
a plan to the county soil and water conservation district.
(f) Upon request of a statutory or home rule charter city
or town, a county may delegate the preparation of all or part of
a plan to the city or town.
(g) If the board of water and soil resources determines
that a watershed management organization or county has not
developed a draft plan, is not implementing the plan, has not
delegated implementation of the plan, and has not petitioned for
the creation of a watershed district:
(1) state agencies may withhold from local government units
state funding for water programs for projects within the
watershed;
(2) state agencies may withhold from local government units
delegation of state water resource regulatory authority within
the watershed;
(3) state agencies may suspend issuance of water-related
permits within the watershed; and
(4) the board may request state agencies to withhold
portions of state aid funding used for the installation of curb
and gutter and other drainage facilities of public
transportation projects within the watershed.
The provisions of this paragraph apply until the board of
water and soil resources determines that a plan is being
implemented in accordance with its rules.
(h) Appeals from the board of water and soil resources
determination are made in the same manner as appeals under
section 103B.345, subdivision 5.
Sec. 28. Minnesota Statutes 1995 Supplement, section
116.07, subdivision 4d, is amended to read:
Subd. 4d. [PERMIT FEES.] (a) The agency may collect permit
fees in amounts not greater than those necessary to cover the
reasonable costs of reviewing and acting upon applications for
agency permits and implementing and enforcing the conditions of
the permits pursuant to agency rules. Permit fees shall not
include the costs of litigation. The agency shall adopt rules
under section 16A.1285 establishing a system for charging permit
fees collected under this subdivision. The fee schedule must
reflect reasonable and routine permitting, implementation, and
enforcement costs. The agency may impose an additional
enforcement fee to be collected for a period of up to two years
to cover the reasonable costs of implementing and enforcing the
conditions of a permit under the rules of the agency. Any money
collected under this paragraph shall be deposited in the special
revenue account.
(b) Notwithstanding paragraph (a), and section 16A.1285,
subdivision 2, the agency shall collect an annual fee from the
owner or operator of all stationary sources, emission
facilities, emissions units, air contaminant treatment
facilities, treatment facilities, potential air contaminant
storage facilities, or storage facilities subject to the
requirement to obtain a permit under subchapter V of the federal
Clean Air Act, United States Code, title 42, section 7401 et
seq., or section 116.081. The annual fee shall be used to pay
for all direct and indirect reasonable costs, including attorney
general costs, required to develop and administer the permit
program requirements of subchapter V of the federal Clean Air
Act, United States Code, title 42, section 7401 et seq., and
sections of this chapter and the rules adopted under this
chapter related to air contamination and noise. Those costs
include the reasonable costs of reviewing and acting upon an
application for a permit; implementing and enforcing statutes,
rules, and the terms and conditions of a permit; emissions,
ambient, and deposition monitoring; preparing generally
applicable regulations; responding to federal guidance;
modeling, analyses, and demonstrations; preparing inventories
and tracking emissions; and providing information to the public
about these activities.
(c) The agency shall adopt fee rules in accordance with the
procedures in section 16A.1285, subdivision 5, that will result
in the collection, in the aggregate, from the sources listed in
paragraph (b), of the following amounts:
(1) an amount not less than $25 per ton of each volatile
organic compound; pollutant regulated under United States Code,
title 42, section 7411 or 7412 (section 111 or 112 of the
federal Clean Air Act); and each pollutant, except carbon
monoxide, for which a national primary ambient air quality
standard has been promulgated; and
(2) the agency fee rules may also result in the collection,
in the aggregate, from the sources listed in paragraph (b), of
an amount not less than $25 per ton of each pollutant not listed
in clause (1) that is regulated under this chapter or air
quality rules adopted under this chapter.
The agency must not include in the calculation of the aggregate
amount to be collected under the fee rules any amount in excess
of 4,000 tons per year of each air pollutant from a source.
(d) To cover the reasonable costs described in paragraph
(b), the agency shall provide in the rules promulgated under
paragraph (c) for an increase in the fee collected in each year
by the percentage, if any, by which the Consumer Price Index for
the most recent calendar year ending before the beginning of the
year the fee is collected exceeds the Consumer Price Index for
the calendar year 1989. For purposes of this paragraph the
Consumer Price Index for any calendar year is the average of the
Consumer Price Index for all-urban consumers published by the
United States Department of Labor, as of the close of the
12-month period ending on August 31 of each calendar year. The
revision of the Consumer Price Index that is most consistent
with the Consumer Price Index for calendar year 1989 shall be
used.
(e) Any money collected under paragraphs (b) to (d) must be
deposited in an air quality account in the environmental fund
and must be used solely for the activities listed in paragraph
(b).
(f) Persons who wish to construct or expand an air emission
facility may offer to reimburse the agency for the costs of
staff overtime or consultant services needed to expedite permit
review. The reimbursement shall be in addition to fees imposed
by paragraphs (a) to (d). When the agency determines that it
needs additional resources to review the permit application in
an expedited manner, and that expediting the review would not
disrupt air permitting program priorities, the agency may accept
the reimbursement. Reimbursements accepted by the agency are
appropriated to the agency for the purpose of reviewing the
permit application. Reimbursement by a permit applicant shall
precede and not be contingent upon issuance of a permit and
shall not affect the agency's decision on whether to issue or
deny a permit, what conditions are included in a permit, or the
application of state and federal statutes and rules governing
permit determinations.
Sec. 29. Minnesota Statutes 1994, section 116J.68,
subdivision 2, is amended to read:
Subd. 2. The bureau shall:
(a) provide information and assistance with respect to all
aspects of business planning and business management related to
the start-up, operation, or expansion of a small business in
Minnesota;
(b) refer persons interested in the start-up, operation, or
expansion of a small business in Minnesota to assistance
programs sponsored by federal agencies, state agencies,
educational institutions, chambers of commerce, civic
organizations, community development groups, private industry
associations, and other organizations or to the business
assistance referral system established by the Minnesota Project
Outreach Corporation;
(c) plan, develop, and implement a master file of
information on small business assistance programs of federal,
state, and local governments, and other public and private
organizations so as to provide comprehensive, timely information
to the bureau's clients;
(d) employ staff with adequate and appropriate skills and
education and training for the delivery of information and
assistance;
(e) seek out and utilize, to the extent practicable,
contributed expertise and services of federal, state, and local
governments, educational institutions, and other public and
private organizations;
(f) maintain a close and continued relationship with the
director of the procurement program within the department of
administration so as to facilitate the department's duties and
responsibilities under sections 16B.19 to 16B.22 relating to the
small targeted group business and economically disadvantaged
business program of the state;
(g) develop an information system which will enable the
commissioner and other state agencies to efficiently store,
retrieve, analyze, and exchange data regarding small business
development and growth in the state. All executive branch
agencies of state government and the secretary of state shall to
the extent practicable, assist the bureau in the development and
implementation of the information system;
(h) establish and maintain a toll free telephone number so
that all small business persons anywhere in the state can call
the bureau office for assistance. An outreach program shall be
established to make the existence of the bureau well known to
its potential clientele throughout the state. If the small
business person requires a referral to another provider the
bureau may use the business assistance referral system
established by the Minnesota Project Outreach Corporation;
(i) conduct research and provide data as required by the
state legislature;
(j) develop and publish material on all aspects of the
start-up, operation, or expansion of a small business in
Minnesota;
(k) collect and disseminate information on state
procurement opportunities, including information on the
procurement process;
(l) develop a public awareness program through the use of
newsletters, personal contacts, and electronic and print news
media advertising about state assistance programs for small
businesses, including those programs specifically for socially
disadvantaged small business persons;
(m) publicize to small businesses section 14.115 which
requires consideration of small business issues in state agency
rulemaking;
(n) enter into agreements with the federal government and
other public and private entities to serve as the statewide
coordinator or host agency for the federal small business
development center program under United States Code, title 15,
section 648; and
(o) (n) assist providers in the evaluation of their
programs and the assessment of their service area needs. The
bureau may establish model evaluation techniques and performance
standards for providers to use.
Sec. 30. Minnesota Statutes 1995 Supplement, section
121.703, subdivision 2, is amended to read:
Subd. 2. [MEMBERSHIP.] (a) The commission consists of 18
voting members. Voting members shall include the commissioner
of children, families, and learning, a representative of the
children's cabinet elected by the members of the children's
cabinet, and the executive director of the higher education
services office.
(b) The governor shall appoint 15 additional voting members.
Eight of the voting members appointed by the governor shall
include a representative of public or nonprofit organizations
experienced in youth employment and training, organizations
promoting adult service and volunteerism, community-based
service agencies or organizations, local public or private
sector labor unions, local governments, business, a national
service program, and Indian tribes. The remaining seven voting
members appointed by the governor shall include an individual
with expertise in the educational, training, and development
needs of youth, particularly disadvantaged youth; a youth or
young adult who is a participant in a higher education-based
service-learning program; a disabled individual representing
persons with disabilities; a youth who is out-of-school or
disadvantaged; an educator of primary or secondary students; an
educator from a higher education institution; and an individual
between the ages of 16 and 25 who is a participant or supervisor
in a youth service program.
(c) The governor shall appoint up to five ex officio
nonvoting members from among the following agencies or
organizations: the departments of economic security, natural
resources, human services, health, corrections, agriculture,
public safety, finance, and labor and industry, the Minnesota
office of citizenship and volunteer services, the housing
finance agency, and Minnesota Technology, Inc. A representative
of the corporation for national and community service shall also
serve as an ex officio nonvoting member.
(d) Voting and ex officio nonvoting members may appoint
designees to act on their behalf. The number of voting members
who are state employees shall not exceed 25 percent.
(e) The governor shall ensure that, to the extent possible,
the membership of the commission is balanced according to
geography, race, ethnicity, age, and gender. The speaker of the
house and the majority leader of the senate shall each appoint
two legislators to be nonvoting members of the commission.
Sec. 31. Minnesota Statutes 1994, section 136D.23,
subdivision 1, is amended to read:
Subdivision 1. [PUBLIC AGENCY.] The joint school board
shall be a public agency of the participating school districts
and may receive and disburse federal and state funds made
available to it or to the participating school districts,
including moneys described in section 136C.07.
Sec. 32. Minnesota Statutes 1994, section 136D.23,
subdivision 2, is amended to read:
Subd. 2. [LIABILITY.] Except as to certificates of
indebtedness or bonds issued under Minnesota Statutes 1990,
section 136D.28, hereof, no participating school district shall
have individual liability for the debts and obligations of the
board nor shall any individual serving as a member of the board
have such liability.
Sec. 33. Minnesota Statutes 1994, section 136D.83,
subdivision 1, is amended to read:
Subdivision 1. [PUBLIC AGENCY.] The joint school board
shall be a public agency of the participating school districts
and may receive and disburse federal and state funds made
available to it or to the participating school districts,
including moneys described in section 136C.07.
Sec. 34. Minnesota Statutes 1994, section 136D.83,
subdivision 2, is amended to read:
Subd. 2. [LIABILITY.] Except as to certificates of
indebtedness or bonds issued under Minnesota Statutes 1990,
section 136D.89, hereof, no participating school district shall
have individual liability for the debts and obligations of the
board nor shall any individual serving as a member of the board
have such liability.
Sec. 35. Minnesota Statutes 1995 Supplement, section
144.057, subdivision 1, is amended to read:
Subdivision 1. [BACKGROUND STUDIES REQUIRED.] The
commissioner of health shall contract with the commissioner of
human services to conduct background studies of individuals
providing services which have direct contact, as defined under
section 245A.04, subdivision 3, with patients and residents in
hospitals, boarding care homes, outpatient surgical centers
licensed under sections 144.50 to 144.58; nursing homes and home
care agencies licensed under chapter 144A; residential care
homes licensed under chapter 144B, and board and lodging
establishments that are registered to provide supportive or
health supervision services under section 157.031 157.17. If a
facility or program is licensed by the department of human
services and subject to the background study provisions of
chapter 245A and is also licensed by the department of health,
the department of human services is solely responsible for the
background studies of individuals in the jointly licensed
programs.
Sec. 36. Minnesota Statutes 1995 Supplement, section
144D.06, is amended to read:
144D.06 [OTHER LAWS.]
An elderly housing with services establishment shall obtain
and maintain all other licenses, permits, registrations, or
other governmental approvals required of it in addition to
registration under this chapter, except that an establishment
registered under this chapter is exempt, at its option, from the
requirement of obtaining and maintaining an adult foster care
license under Minnesota Rules, parts 9543.0010 to 9543.0150, or
a lodging license under chapter 157. An elderly housing with
services establishment is subject to the provisions of sections
504.01 to 504.28 and 566.01 to 566.175. An elderly housing with
services establishment which is also described in section
157.031 157.17 is exempt from the requirements of that section
while it is registered under this chapter.
Sec. 37. Minnesota Statutes 1994, section 145.61,
subdivision 5, is amended to read:
Subd. 5. "Review organization" means a nonprofit
organization acting according to clause (k) or a committee whose
membership is limited to professionals, administrative staff,
and consumer directors, except where otherwise provided for by
state or federal law, and which is established by one or more of
the following: a hospital, a clinic, a nursing home, one or
more state or local associations of professionals, an
organization of professionals from a particular area or medical
institution, a health maintenance organization as defined in
chapter 62D, a nonprofit health service plan corporation as
defined in chapter 62C, a preferred provider organization, a
professional standards review organization established pursuant
to United States Code, title 42, section 1320c-1 et seq., a
medical review agent established to meet the requirements of
section 256B.04, subdivision 15, or 256D.03, subdivision 7,
paragraph (b), the department of human services, or a
corporation organized under chapter 317A that owns, operates, or
is established by one or more of the above referenced entities,
to gather and review information relating to the care and
treatment of patients for the purposes of:
(a) evaluating and improving the quality of health care
rendered in the area or medical institution or by the entity or
organization that established the review organization;
(b) reducing morbidity or mortality;
(c) obtaining and disseminating statistics and information
relative to the treatment and prevention of diseases, illness
and injuries;
(d) developing and publishing guidelines showing the norms
of health care in the area or medical institution or in the
entity or organization that established the review organization;
(e) developing and publishing guidelines designed to keep
within reasonable bounds the cost of health care;
(f) reviewing the quality or cost of health care services
provided to enrollees of health maintenance organizations,
health service plans, preferred provider organizations, and
insurance companies;
(g) acting as a professional standards review organization
pursuant to United States Code, title 42, section 1320c-1 et
seq.;
(h) determining whether a professional shall be granted
staff privileges in a medical institution, membership in a state
or local association of professionals, or participating status
in a nonprofit health service plan corporation, health
maintenance organization, preferred provider organization, or
insurance company, or whether a professional's staff privileges,
membership, or participation status should be limited, suspended
or revoked;
(i) reviewing, ruling on, or advising on controversies,
disputes or questions between:
(1) health insurance carriers, nonprofit health service
plan corporations, health maintenance organizations,
self-insurers and their insureds, subscribers, enrollees, or
other covered persons;
(2) professional licensing boards and health providers
licensed by them;
(3) professionals and their patients concerning diagnosis,
treatment or care, or the charges or fees therefor;
(4) professionals and health insurance carriers, nonprofit
health service plan corporations, health maintenance
organizations, or self-insurers concerning a charge or fee for
health care services provided to an insured, subscriber,
enrollee, or other covered person;
(5) professionals or their patients and the federal, state,
or local government, or agencies thereof;
(j) providing underwriting assistance in connection with
professional liability insurance coverage applied for or
obtained by dentists, or providing assistance to underwriters in
evaluating claims against dentists;
(k) acting as a medical review agent under section 256B.04,
subdivision 15, or 256D.03, subdivision 7, paragraph (b);
(l) providing recommendations on the medical necessity of a
health service, or the relevant prevailing community standard
for a health service;
(m) reviewing a provider's professional practice as
requested by the data analysis unit under section 62J.32;
(n) (m) providing quality assurance as required by United
States Code, title 42, sections 1396r(b)(1)(b) and
1395i-3(b)(1)(b) of the Social Security Act;
(o) (n) providing information to group purchasers of health
care services when that information was originally generated
within the review organization for a purpose specified by this
subdivision; or
(p) (o) providing information to other, affiliated or
nonaffiliated review organizations, when that information was
originally generated within the review organization for a
purpose specified by this subdivision, and as long as that
information will further the purposes of a review organization
as specified by this subdivision.
Sec. 38. [REPEALER.]
Minnesota Statutes 1994, section 148B.60, subdivision 6, is
repealed.
Sec. 39. Minnesota Statutes 1994, section 148B.61,
subdivision 2, is amended to read:
Subd. 2. [RULEMAKING.] The commissioner of health shall
adopt rules necessary to implement, administer, or enforce
provisions of sections 148B.60 to 148B.71 pursuant to chapter
14. The commissioner may not adopt rules that restrict or
prohibit persons from providing mental health services on the
basis of education, training, experience, or supervision. The
commissioner may consult with the mental health practitioner
advisory council, established in section 148B.62, during the
rulemaking process. Rules adopted pursuant to this authority
are exempt from section 14.115.
Sec. 40. Minnesota Statutes 1994, section 148B.64,
subdivision 2, is amended to read:
Subd. 2. [INVESTIGATION.] The commissioner and employees
of the department of health, members of the advisory council on
mental health practice, and other persons engaged in the
investigation of violations and in the preparation,
presentation, and management of and testimony pertaining to
charges of violations of this chapter are absolutely immune from
civil liability and criminal prosecution for any actions,
transactions, or publications in the execution of, or relating
to, their duties under this chapter.
Sec. 41. Minnesota Statutes 1994, section 148B.69,
subdivision 1, is amended to read:
Subdivision 1. [FORMS OF DISCIPLINARY ACTION.] When the
commissioner finds that an unlicensed mental health practitioner
has violated a provision or provisions of this chapter, the
commissioner may take one or more of the following actions, only
against the individual practitioner:
(1) revoke the right to practice;
(2) suspend the right to practice;
(3) impose limitations or conditions on the practitioner's
provision of mental health services, the imposition of
rehabilitation requirements, or the requirement of practice
under supervision;
(4) impose a civil penalty not exceeding $10,000 for each
separate violation, the amount of the civil penalty to be fixed
so as to deprive the practitioner of any economic advantage
gained by reason of the violation charged or to reimburse the
office of mental health practice for all costs of the
investigation and proceeding;
(5) order the practitioner to provide unremunerated
professional service under supervision at a designated public
hospital, clinic, or other health care institution;
(6) censure or reprimand the practitioner;
(7) impose a fee on the practitioner to reimburse the
office for all or part of the cost of the proceedings resulting
in disciplinary action including, but not limited to, the amount
paid by the office for services from the office of
administrative hearings, attorney fees, court reports,
witnesses, reproduction of records, advisory council members'
per diem compensation, staff time, and expense incurred by
advisory council members and the staff of the office of mental
health practice; or
(8) any other action justified by the case.
Sec. 42. Minnesota Statutes 1995 Supplement, section
148C.03, subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] The commissioner shall, after
consultation with the advisory council or a subcommittee or the
special licensing criteria committee established under section
148C.11, subdivision 3, paragraph (b):
(a) adopt and enforce rules for licensure of alcohol and
drug counselors, including establishing standards and methods of
determining whether applicants and licensees are qualified under
section 148C.04. The rules must provide for examinations and
establish standards for the regulation of professional conduct.
The rules must be designed to protect the public;
(b) hold or contract for the administration of examinations
at least twice a year to assess applicants' knowledge and
skills. The examinations must be written and oral and may be
administered by the commissioner or by a private organization
under contract with the commissioner to administer the licensing
examinations. Examinations must minimize cultural bias and must
be balanced in various theories relative to practice of alcohol
and drug counseling;
(c) issue licenses to individuals qualified under sections
148C.01 to 148C.11;
(d) issue copies of the rules for licensure to all
applicants;
(e) adopt rules to establish and implement procedures,
including a standard disciplinary process and rules of
professional conduct;
(f) carry out disciplinary actions against licensees;
(g) establish, with the advice and recommendations of the
advisory council, written internal operating procedures for
receiving and investigating complaints and for taking
disciplinary actions as appropriate. Establishment of the
operating procedures are not subject to rulemaking procedures
under chapter 14;
(h) educate the public about the existence and content of
the rules for chemical dependency alcohol and drug counselor
licensing to enable consumers to file complaints against
licensees who may have violated the rules;
(i) evaluate the rules in order to refine and improve the
methods used to enforce the commissioner's standards;
(j) set, collect, and adjust license fees for alcohol and
drug counselors so that the total fees collected will as closely
as possible equal anticipated expenditures during the biennium,
as provided in section 16A.1285; fees for initial and renewal
application and examinations; late fees for counselors who
submit license renewal applications after the renewal deadline;
and a surcharge fee. The surcharge fee must include an amount
necessary to recover, over a five-year period, the
commissioner's direct expenditures for the adoption of the rules
providing for the licensure of alcohol and drug counselors. All
fees received shall be deposited in the state treasury and
credited to the special revenue fund; and
(k) prepare reports on activities related to the licensure
of alcohol and drug counselors according to this subdivision by
October 1 of each even-numbered year. Copies of the reports
shall be delivered to the legislature in accordance with section
3.195 and to the governor. The reports shall contain the
following information on the commissioner's activities relating
to the licensure of chemical dependency counselors, for the
two-year period ending the previous June 30:
(1) a general statement of the activities;
(2) the number of staff hours spent on the activities;
(3) the receipts and disbursements of funds;
(4) the names of advisory council members and their
addresses, occupations, and dates of appointment and
reappointment;
(5) the names and job classifications of employees;
(6) a brief summary of rules proposed or adopted during the
reporting period with appropriate citations to the State
Register and published rules;
(7) the number of persons having each type of license
issued by the commissioner as of June 30 in the year of the
report;
(8) the locations and dates of the administration of
examinations by the commissioner;
(9) the number of persons examined by the commissioner with
the persons subdivided into groups showing age categories, sex,
and states of residency;
(10) the number of persons licensed by the commissioner
after taking the examinations referred to in clause (8) with the
persons subdivided by age categories, sex, and states of
residency;
(11) the number of persons not licensed by the commissioner
after taking the examinations referred to in clause (8) with the
persons subdivided by age categories, sex, and states of
residency;
(12) the number of persons not taking the examinations
referred to in clause (8) who were licensed by the commissioner
or who were denied licensing, the reasons for the licensing or
denial, and the persons subdivided by age categories, sex, and
states of residency;
(13) the number of persons previously licensed by the
commissioner whose licenses were revoked, suspended, or
otherwise altered in status with brief statements of the reasons
for the revocation, suspension, or alteration;
(14) the number of written and oral complaints and other
communications received by the commissioner which allege or
imply a violation of a statute or rule which the commissioner is
empowered to enforce;
(15) a summary, by specific category, of the substance of
the complaints and communications referred to in clause (14)
and, for each specific category, the responses or dispositions;
and
(16) any other objective information which the commissioner
believes will be useful in reviewing the commissioner's
activities.
Sec. 43. Minnesota Statutes 1995 Supplement, section
151.37, subdivision 2, is amended to read:
Subd. 2. (a) A licensed practitioner in the course of
professional practice only, may prescribe, administer, and
dispense a legend drug, and may cause the same to be
administered by a nurse, a physician assistant, or medical
student or resident under the practitioner's direction and
supervision, and may cause a person who is an appropriately
certified, registered, or licensed health care professional to
prescribe, dispense, and administer the same within the
expressed legal scope of the person's practice as defined in
Minnesota Statutes. A licensed practitioner may prescribe a
legend drug, without reference to a specific patient, by
directing a registered nurse, physician assistant, or medical
student or resident to adhere to a particular practice guideline
or protocol when treating patients whose condition falls within
such guideline or protocol, and when such guideline or protocol
specifies the circumstances under which the legend drug is to be
prescribed and administered. An individual who verbally,
electronically, or otherwise transmits a written, oral, or
electronic order, as an agent of a prescriber, shall not be
deemed to have prescribed the legend drug. This paragraph
applies to a physician assistant only if the physician assistant
meets the registration and certification requirements of section
147.34, subdivision 1, paragraph (a) 147A.18.
(b) A licensed practitioner that dispenses for profit a
legend drug that is to be administered orally, is ordinarily
dispensed by a pharmacist, and is not a vaccine, must file with
the practitioner's licensing board a statement indicating that
the practitioner dispenses legend drugs for profit, the general
circumstances under which the practitioner dispenses for profit,
and the types of legend drugs generally dispensed. It is
unlawful to dispense legend drugs for profit after July 31,
1990, unless the statement has been filed with the appropriate
licensing board. For purposes of this paragraph, "profit" means
(1) any amount received by the practitioner in excess of the
acquisition cost of a legend drug for legend drugs that are
purchased in prepackaged form, or (2) any amount received by the
practitioner in excess of the acquisition cost of a legend drug
plus the cost of making the drug available if the legend drug
requires compounding, packaging, or other treatment. The
statement filed under this paragraph is public data under
section 13.03. This paragraph does not apply to a licensed
doctor of veterinary medicine or a registered pharmacist. Any
person other than a licensed practitioner with the authority to
prescribe, dispense, and administer a legend drug under
paragraph (a) shall not dispense for profit. To dispense for
profit does not include dispensing by a community health clinic
when the profit from dispensing is used to meet operating
expenses.
Sec. 44. Minnesota Statutes 1994, section 176.021,
subdivision 7, is amended to read:
Subd. 7. [PUBLIC OFFICER.] If an employee who is a public
officer of the state or governmental subdivision continues to
receive the compensation of office during a period when
receiving benefits under the workers' compensation law for
temporary total or temporary partial disability or permanent
total disability and the compensation of office exceeds $100 a
year, the amount of that compensation attributable to the period
for which benefits under the workers' compensation law are paid
shall be deducted from such benefits. If an employee covered by
the Minnesota state retirement system receives total and
permanent disability benefits pursuant to section 352.113 or
disability benefits pursuant to sections 352.95 and 352B.10, the
amount of disability benefits shall be deducted from workers'
compensation benefits otherwise payable. If an employee covered
by the teachers retirement fund receives total and permanent
disability benefits pursuant to section 354.48, the amount of
disability benefits must be deducted from workers' compensation
benefits otherwise payable. Notwithstanding the provisions of
Minnesota Statutes 1994, section 176.132, a deduction under this
subdivision does not entitle an employee to supplemental
benefits under section 176.132.
Sec. 45. Minnesota Statutes 1994, section 176.129,
subdivision 4a, is amended to read:
Subd. 4a. [CONTRIBUTION RATE ADJUSTMENT.] In determining
the rate of adjustment as provided by subdivision 3, the
commissioner shall determine the revenues received less claims
received for the preceding 12 months ending June 30, 1984, and
each June 30 thereafter.
If the result is: the range of adjustment is:
over $15,000,000 -10% to 0%
less than $15,000,000 but
more than $10,000,000 -7% to +3%
less than $10,000,000 but
more than $5,000,000 -5% to +5%
less than $5,000,000
but more than $0 -3% to +7%
$0 but less than a
$5,000,000 deficit 0% to +10%
more than a $5,000,000
deficit +5% to +12%
The adjustment under this subdivision shall be used for
assessments for calendar year 1984 and each year thereafter.
An amount assessed pursuant to this section is payable to
the commissioner within 45 days of mailing notice of the amount
due unless the commissioner orders otherwise.
The commissioner may allow an offset of the reimbursements
due an employer pursuant to sections Minnesota Statutes 1990,
section 176.131, and Minnesota Statutes 1994, section 176.132,
against the assessment due under this section and may promulgate
rules to establish the terms and conditions under which an
employer will be allowed the offset.
Sec. 46. Minnesota Statutes 1994, section 176.129,
subdivision 13, is amended to read:
Subd. 13. [EMPLOYER REPORTS.] All employers and insurers
shall make reports to the commissioner as required for the
proper administration of this section and sections Minnesota
Statutes 1990, section 176.131, and Minnesota Statutes 1994,
section 176.132. Employers and insurers may not be reimbursed
from the special compensation fund for any periods for which the
employer has not properly filed reports as required by this
section and made all payments due to the special compensation
fund under subdivision 3.
Sec. 47. Minnesota Statutes 1994, section 176.225,
subdivision 2, is amended to read:
Subd. 2. [EXAMINATION OF BOOKS AND RECORDS.] To determine
whether an employer or insurer is liable for the payment
provided by subdivision 1, the division, a compensation judge,
or the workers' compensation court of appeals upon appeal may
examine the books and records of the employer or insurer
relating to the payment of compensation, and may require the
employer or insurer to furnish any other information relating to
the payment of compensation.
The right of the division to review the records of an
employer or insurer includes the right of the special
compensation fund to examine records for the proper
administration of sections section 176.129, Minnesota Statutes
1990, section 176.131, Minnesota Statutes 1994, section 176.132,
and sections 176.181, and 176.183. The special compensation
fund may not review the records of the employer or insurer
relating to a claim under Minnesota Statutes 1990, section
176.131, until the special compensation fund has accepted
liability under that section or a final determination of
liability under that section has been made. The special
compensation fund may withhold reimbursement to the employer or
insurer under Minnesota Statutes 1990, section 176.131,
or Minnesota Statutes 1994, section 176.132, if the employer or
insurer denies access to records requested for the proper
administration of section 176.129, Minnesota Statutes 1990,
section 176.131, Minnesota Statutes 1994, section 176.132,
section 176.181, or 176.183.
Sec. 48. Minnesota Statutes 1994, section 176.83,
subdivision 7, is amended to read:
Subd. 7. [MISCELLANEOUS RULES.] Rules necessary for
implementing and administering the provisions of sections
Minnesota Statutes 1990, section 176.131, Minnesota Statutes
1994, section 176.132, sections 176.238, and 176.239; sections
176.251, 176.66 to 176.669, and rules regarding proper
allocation of compensation under section 176.111. Under the
rules adopted under section 176.111 a party may petition for a
hearing before a compensation judge to determine the proper
allocation. In this case the compensation judge may order a
different allocation than prescribed by rule.
Sec. 49. Minnesota Statutes 1994, section 177.24,
subdivision 1, is amended to read:
Subdivision 1. [AMOUNT.] (a) For purposes of this
subdivision, the terms defined in this paragraph have the
meanings given them.
(1) "Large employer" means an enterprise whose annual gross
volume of sales made or business done is not less than $362,500
(exclusive of excise taxes at the retail level that are
separately stated) and covered by the Minnesota fair labor
standards act, sections 177.21 to 177.35.
(2) "Small employer" means an enterprise whose annual gross
volume of sales made or business done is less than $362,500
(exclusive of excise taxes at the retail level that are
separately stated) and covered by the Minnesota fair labor
standards act, sections 177.21 to 177.35.
(b) Except as otherwise provided in sections 177.21 to
177.35, every large employer must pay each employee wages at a
rate of at least $4.25 an hour beginning January 1, 1991. Every
small employer must pay each employee at a rate of at least $4
an hour beginning January 1, 1991.
(c) A large employer must pay each employee at a rate of at
least the minimum wage set by this section or federal law
without the reduction for training wage or full-time student
status allowed under federal law.
Sec. 50. Minnesota Statutes 1994, section 177.24,
subdivision 4, is amended to read:
Subd. 4. [UNREIMBURSED EXPENSES DEDUCTED.] Deductions,
direct or indirect, from wages or gratuities not authorized by
this subdivision may only be taken as authorized by sections
177.28, subdivisions subdivision 3 and 4, 181.06, and 181.79.
Deductions, direct or indirect, for up to the full cost of the
uniform or equipment as listed below, may not exceed $50. No
deductions, direct or indirect, may be made for the items listed
below which when subtracted from wages would reduce the wages
below the minimum wage:
(a) purchased or rented uniforms or specially designed
clothing required by the employer, by the nature of the
employment, or by statute as a condition of employment, which is
not generally appropriate for use except in that employment;
(b) purchased or rented equipment used in employment,
except tools of a trade, a motor vehicle, or any other equipment
which may be used outside the employment;
(c) consumable supplies required in the course of that
employment;
(d) travel expenses in the course of employment except
those incurred in traveling to and from the employee's residence
and place of employment.
Sec. 51. Minnesota Statutes 1994, section 177.27,
subdivision 6, is amended to read:
Subd. 6. [EMPLOYER LIABILITY.] Employers are liable to
employees for back wages and gratuities as computed by the
department or, if contested by the employer, as awarded in a
public hearing. The commissioner may establish escrow accounts
for purposes of distributing back wages and gratuities. In
addition, hearing costs of up to ten percent of any back wages
and gratuities awarded may be assessed against the employer by
the administrative law judge and paid to the commissioner if the
administrative law judge finds that the employer had no
meritorious defense against the claim. The penalty provided
under this subdivision for failure to pay back wages and
gratuities does not apply to compliance orders issued to an
employer under this section before July 1, 1985. This
subdivision does not prevent an employee from prosecuting a
claim for wages or gratuities.
Sec. 52. [REPEALER.]
Minnesota Statutes, section 177.28, subdivision 4, is
repealed.
Sec. 53. Minnesota Statutes 1994, section 197.447, is
amended to read:
197.447 [VETERAN, DEFINED.]
The word "veteran" as used in Minnesota Statutes, except in
sections 136C.13 136F.28, 196.21, 197.971, and 243.251, means a
citizen of the United States or a resident alien who has been
separated under honorable conditions from any branch of the
armed forces of the United States after having served on active
duty for 181 consecutive days or by reason of disability
incurred while serving on active duty, or who has met the
minimum active duty requirement as defined by Code of Federal
Regulations, title 38, section 3.12a, or who has active military
service certified under section 401, Public Law Number 95-202.
The active military service must be certified by the United
States Secretary of Defense as active military service and a
discharge under honorable conditions must be issued by the
Secretary.
Sec. 54. Minnesota Statutes 1994, section 198.002,
subdivision 2, is amended to read:
Subd. 2. [MEMBERSHIP.] The board consists of nine voting
members appointed by the governor with the advice and consent of
the senate. The members of the board shall fairly represent the
geographic areas of the state. The members are:
(1) a chair, designated by the governor;
(2) three public members experienced in policy formulation
with professional experience in health care delivery; and
(3) five members experienced in policy formulation with
professional experience in health care delivery who are members
of congressionally chartered veterans organizations or their
auxiliaries that have a statewide organizational structure and
state level officers in Minnesota.
The commissioner of veterans affairs shall serve as an ex
officio, nonvoting member of the board. The chair of the senate
veterans affairs committee and the chair of the house committee
on general legislation, veterans affairs, and gaming serve as ex
officio, nonvoting members of the board if they are veterans.
From each house of the legislature, the chair of the committee
that deals with veterans affairs shall serve as an ex officio,
nonvoting member if that person is a veteran. In the event that
one or both of the chairs are not veterans, then any member of
the respective committees who is a veteran may be designated by
the chair to serve on the board.
Sec. 55. Minnesota Statutes 1994, section 205A.13, is
amended to read:
205A.13 [REQUIREMENTS FOR PETITIONS.]
Any petition to a school board authorized in this chapter
or sections 124.226, 124.2716, 124.91, 124.912, 124.914,
124.916, 124.918, and 124A.03, and 136C.411, or any other law
which requires the board to submit an issue to referendum or
election, shall meet the following requirements to be valid.
(1) Each page of the petition shall contain a heading at
its top which specifies the particular action the board is being
petitioned to take. The signatures on any page which does not
contain such a heading shall all be invalidated. All pages of
the petition shall be assembled and filed with the board as a
single instrument.
(2) Each page of the petition shall contain an
authentication signed by the circulator of the petition
specifying as follows:
"I personally have circulated this page of the petition.
All signatures were made in my presence. I believe that the
signers signed their own names and that each person who has
signed is eligible to vote in a school district election
according to Minnesota election law.
Signed: ................................ Signature of
Petition Circulator
Date: ................................."
The signatures on any page which does not contain such an
authentication shall all be invalidated.
(3) Signers of the petition shall personally sign their own
names in ink or indelible pencil and shall indicate after the
name the place of residence by street and number, or other
description sufficient to identify the place. Except as
provided in clause (4), any signature which does not meet these
requirements shall be invalidated.
(4) Individuals who are unable to write their names shall
be required to make their marks on the petition. The circulator
of the petition shall certify the mark by signing the
individual's name and address and shall thereafter print the
phrase "mark certified by petition circulator."
(5) A petition, to be valid, must contain the minimum
number of valid signatures of eligible voters specified in the
law authorizing the petition and election.
Sec. 56. Minnesota Statutes 1995 Supplement, section
237.16, subdivision 11, is amended to read:
Subd. 11. [INTERIM AUTHORITY IN AREAS SERVED BY TELEPHONE
COMPANIES WITH LESS THAN 50,000 SUBSCRIBERS.] (a) Before
adopting the rules required under subdivision 8 for telephone
companies with less than 50,000 subscribers, when an applicant
requests certification to provide local telephone service in an
area served by a telephone company with less than 50,000
subscribers originally certified to provide local telephone
service before January 1, 1988, the commission shall grant the
application if it finds the applicant meets the requirements of
subdivision 1. The commission shall make its determination on
the application, including whether to provide a temporary
arrangement for the effective interconnection of the local
exchange networks, after a hearing under chapter 14 or expedited
proceeding under section 237.61, within nine months of the
application, and considering any facts unique to that telephone
company. In addition, if an application is granted, that
telephone company shall:
(1) permit interconnection or discontinue interconnection
for intrastate services to the same extent and in the same
manner and time frame as the Federal Communications Commission
may thereafter require for that small telephone company for
interstate purposes.; and
(2) unbundle its intrastate services and facilities used
for intrastate services to the same extent and in the same
manner as the Federal Communications Commission may thereafter
require for that telephone company for interstate purposes.
(b) If a telephone company with less than 50,000
subscribers is authorized by the Federal Communications
Commission to provide video common carrier services before the
rules required under subdivision 8 are adopted, an application
under this subdivision for certification to provide local
telephone service in an area served by that telephone company
shall be determined within 120 days of its filing.
Sec. 57. Minnesota Statutes 1994, section 256.9753,
subdivision 3, is amended to read:
Subd. 3. [EXPENDITURES.] The board shall consult with the
office of citizenship and volunteer services prior to expending
money available for the retired senior volunteer programs.
Expenditures shall be made (1) to strengthen and expand existing
retired senior volunteer programs, and (2) to encourage the
development of new programs in areas in the state where these
programs do not exist. Grants shall be made consistent with
applicable federal guidelines.
Sec. 58. Minnesota Statutes 1994, section 268.166, is
amended to read:
268.166 [CANCELLATION OF DELINQUENT CONTRIBUTIONS.]
Notwithstanding section 10.12, The commissioner may cancel
as uncollectible any contributions, reimbursements, penalties,
or the interest or costs thereon, which remain unpaid six years
after the amounts have been determined by the commissioner to be
due and payable. This section does not prohibit the
commissioner from collecting any amounts secured by a notice of
lien or a judgment which are older than six years.
Sec. 59. Minnesota Statutes 1994, section 270B.07,
subdivision 4, is amended to read:
Subd. 4. [DISCLOSURE TO GAMBLING CONTROL BOARD.] The
commissioner may disclose return information for the purpose of
and to the extent necessary to administer sections 349.161,
subdivision 3, and 349.164, section 349.155, subdivision 3.
Sec. 60. Minnesota Statutes 1995 Supplement, section
275.065, subdivision 6, is amended to read:
Subd. 6. [PUBLIC HEARING; ADOPTION OF BUDGET AND LEVY.]
Between November 29 and December 20, the governing bodies of the
city, county, metropolitan special taxing districts as defined
in subdivision 3, paragraph (i), and regional library districts
shall each hold a public hearing to discuss and seek public
comment on its final budget and property tax levy for taxes
payable in the following year, and the governing body of the
school district shall hold a public hearing to review its
current budget and proposed property tax levy for taxes payable
in the following year. The metropolitan special taxing
districts shall be required to hold only a single joint public
hearing, the location of which will be determined by the
affected metropolitan agencies.
At a subsequent hearing, each county, school district,
city, and metropolitan special taxing district may amend its
proposed property tax levy and must adopt a final property tax
levy. Each county, city, and metropolitan special taxing
district may also amend its proposed budget and must adopt a
final budget at the subsequent hearing. A school district is
not required to adopt its final budget at the subsequent
hearing. The subsequent hearing of a taxing authority must be
held on a date subsequent to the date of the taxing authority's
initial public hearing, or subsequent to the date of its
continuation hearing if a continuation hearing is held. The
subsequent hearing may be held at a regularly scheduled board or
council meeting or at a special meeting scheduled for the
purposes of the subsequent hearing. The subsequent hearing of a
taxing authority does not have to be coordinated by the county
auditor to prevent a conflict with an initial hearing, a
continuation hearing, or a subsequent hearing of any other
taxing authority. All subsequent hearings must be held prior to
five working days after December 20 of the levy year.
The time and place of the subsequent hearing must be
announced at the initial public hearing or at the continuation
hearing.
The property tax levy certified under section 275.07 by a
city, county, metropolitan special taxing district, regional
library district, or school district must not exceed the
proposed levy determined under subdivision 1, except by an
amount up to the sum of the following amounts:
(1) the amount of a school district levy whose voters
approved a referendum to increase taxes under section 124.82,
subdivision 3, 124A.03, subdivision 2, or 124B.03, subdivision
2, or 136C.411, after the proposed levy was certified;
(2) the amount of a city or county levy approved by the
voters after the proposed levy was certified;
(3) the amount of a levy to pay principal and interest on
bonds issued or approved by the voters under section 475.58
after the proposed levy was certified;
(4) the amount of a levy to pay costs due to a natural
disaster occurring after the proposed levy was certified, if
that amount is approved by the commissioner of revenue under
subdivision 6a;
(5) the amount of a levy to pay tort judgments against a
taxing authority that become final after the proposed levy was
certified, if the amount is approved by the commissioner of
revenue under subdivision 6a;
(6) the amount of an increase in levy limits certified to
the taxing authority by the commissioner of children, families,
and learning after the proposed levy was certified; and
(7) the amount required under section 124.755.
At the hearing under this subdivision, the percentage
increase in property taxes proposed by the taxing authority, if
any, and the specific purposes for which property tax revenues
are being increased must be discussed.
During the discussion, the governing body shall hear
comments regarding a proposed increase and explain the reasons
for the proposed increase. The public shall be allowed to speak
and to ask questions. At the subsequent hearing held as
provided in this subdivision, the governing body, other than the
governing body of a school district, shall adopt its final
property tax levy prior to adopting its final budget.
If the hearing is not completed on its scheduled date, the
taxing authority must announce, prior to adjournment of the
hearing, the date, time, and place for the continuation of the
hearing. The continued hearing must be held at least five
business days but no more than 14 business days after the
original hearing.
The hearing must be held after 5:00 p.m. if scheduled on a
day other than Saturday. No hearing may be held on a Sunday.
The governing body of a county shall hold a hearing on the
second Tuesday in December each year, and may hold additional
hearings on other dates before December 20 if necessary for the
convenience of county residents. If the county needs a
continuation of its hearing, the continued hearing shall be held
on the third Tuesday in December. If the third Tuesday in
December falls on December 21, the county's continuation hearing
shall be held on Monday, December 20. The county auditor shall
provide for the coordination of hearing dates for all cities and
school districts within the county.
The metropolitan special taxing districts shall hold a
joint public hearing on the first Monday of December. A
continuation hearing, if necessary, shall be held on the second
Monday of December.
By August 10, each school board and the board of the
regional library district shall certify to the county auditors
of the counties in which the school district or regional library
district is located the dates on which it elects to hold its
hearings and any continuations. If a school board or regional
library district does not certify the dates by August 10, the
auditor will assign the hearing date. The dates elected or
assigned must not conflict with the hearing dates of the county
or the metropolitan special taxing districts. By August 20, the
county auditor shall notify the clerks of the cities within the
county of the dates on which school districts and regional
library districts have elected to hold their hearings. At the
time a city certifies its proposed levy under subdivision 1 it
shall certify the dates on which it elects to hold its hearings
and any continuations. The city must not select dates that
conflict with the county hearing dates, metropolitan special
taxing district dates, or with those elected by or assigned to
the school districts or regional library district in which the
city is located.
The county hearing dates and the city, metropolitan special
taxing district, regional library district, and school district
hearing dates must be designated on the notices required under
subdivision 3. The continuation dates need not be stated on the
notices.
This subdivision does not apply to towns and special taxing
districts other than regional library districts and metropolitan
special taxing districts.
Notwithstanding the requirements of this section, the
employer is required to meet and negotiate over employee
compensation as provided for in chapter 179A.
Sec. 61. Minnesota Statutes 1995 Supplement, section
276.04, subdivision 2, is amended to read:
Subd. 2. [CONTENTS OF TAX STATEMENTS.] (a) The treasurer
shall provide for the printing of the tax statements. The
commissioner of revenue shall prescribe the form of the property
tax statement and its contents. The statement must contain a
tabulated statement of the dollar amount due to each taxing
authority from the parcel of real property for which a
particular tax statement is prepared. The dollar amounts due
the county, township or municipality, the total of the
metropolitan special taxing districts as defined in section
275.065, subdivision 3, paragraph (i), school district excess
referenda levy, remaining school district levy, and the total of
other voter approved referenda levies based on market value
under section 275.61 must be separately stated. The amounts due
all other special taxing districts, if any, may be aggregated.
For the purposes of this subdivision, "school district excess
referenda levy" means school district taxes for operating
purposes approved at referenda, including those taxes based on
net tax capacity as well as those based on market value.
"School district excess referenda levy" does not include school
district taxes for capital expenditures approved at referendums
or school district taxes to pay for the debt service on bonds
approved at referenda. The amount of the tax on contamination
value imposed under sections 270.91 to 270.98, if any, must also
be separately stated. The dollar amounts, including the dollar
amount of any special assessments, may be rounded to the nearest
even whole dollar. For purposes of this section whole
odd-numbered dollars may be adjusted to the next higher
even-numbered dollar. The amount of market value excluded under
section 273.11, subdivision 16, if any, must also be listed on
the tax statement. The statement shall include the following
sentence, printed in upper case letters in boldface print: "THE
STATE OF MINNESOTA DOES NOT RECEIVE ANY PROPERTY TAX REVENUES.
THE STATE OF MINNESOTA REDUCES YOUR PROPERTY TAX BY PAYING
CREDITS AND REIMBURSEMENTS TO LOCAL UNITS OF GOVERNMENT."
(b) The property tax statements for manufactured homes and
sectional structures taxed as personal property shall contain
the same information that is required on the tax statements for
real property.
(c) Real and personal property tax statements must contain
the following information in the order given in this paragraph.
The information must contain the current year tax information in
the right column with the corresponding information for the
previous year in a column on the left:
(1) the property's estimated market value under section
273.11, subdivision 1;
(2) the property's taxable market value after reductions
under section 273.11, subdivisions 1a and 16;
(3) the property's gross tax, calculated by multiplying the
property's gross tax capacity times the total local tax rate and
adding to the result the sum of the aids enumerated in clause
(3) (4);
(4) a total of the following aids:
(i) education aids payable under chapters 124 and 124A;
(ii) local government aids for cities, towns, and counties
under chapter 477A; and
(iii) disparity reduction aid under section 273.1398;
(5) for homestead residential and agricultural properties,
the homestead and agricultural credit aid apportioned to the
property. This amount is obtained by multiplying the total
local tax rate by the difference between the property's gross
and net tax capacities under section 273.13. This amount must
be separately stated and identified as "homestead and
agricultural credit." For purposes of comparison with the
previous year's amount for the statement for taxes payable in
1990, the statement must show the homestead credit for taxes
payable in 1989 under section 273.13, and the agricultural
credit under section 273.132 for taxes payable in 1989;
(6) any credits received under sections 273.119; 273.123;
273.135; 273.1391; 273.1398, subdivision 4; 469.171; and
473H.10, except that the amount of credit received under section
273.135 must be separately stated and identified as "taconite
tax relief"; and
(7) the net tax payable in the manner required in paragraph
(a).
The commissioner of revenue shall certify to the county
auditor the actual or estimated aids enumerated in clauses (3)
and (4) that local governments will receive in the following
year. In the case of a county containing a city of the first
class, for taxes levied in 1991, and for all counties for taxes
levied in 1992 and thereafter, the commissioner must certify
this amount by September 1.
Sec. 62. Minnesota Statutes 1994, section 284.28,
subdivision 5, is amended to read:
Subd. 5. In cases where the lands are and ever since the
time of filing the auditor's certificate of forfeiture under
section 281.23, subdivision 8 9, or filing of service of notice
of expiration of redemption under section 281.21, have been in
the actual, open, continuous, and exclusive possession of the
owner, or the owner's successors in interest, claiming adversely
to the state or its successors in interest, the period of
limitations as to such owner, or the owner's successors in
interest, shall be
(i) the time of the possession, or
(ii) the period of limitations provided in subdivisions 2
and 3, whichever period is greater.
Sec. 63. Minnesota Statutes 1994, section 284.28,
subdivision 6, is amended to read:
Subd. 6. Any claimant failing to commence an action or
assert a defense within the time prescribed by subdivisions 2
and 3 shall be conclusively presumed to have abandoned all
right, title, and interest in the lands described in the county
auditor's certificate of forfeiture or notice of expiration of
redemption, which certificate of forfeiture when filed under
section 281.23, subdivision 8 9, or notice of expiration of
redemption when filed under section 281.21, shall constitute
notice of the forfeiture of the lands affected to all persons
having or claiming an interest therein. If no action or defense
is asserted and notice of lis pendens recorded within the time
prescribed by subdivisions 2 and 3, a certificate of sale or
state assignment certificate recorded with the county recorder
has the force and effect of a patent after the expiration of the
period prescribed by subdivision 1, subject to the rights of
persons described in subdivision 5 and any rights set forth in
the certificate of sale or state assignment certificate.
Except as provided in subdivision 11, the time prescribed
by subdivisions 2 and 3 shall not commence to run until June 15,
1977 as to any county auditor's certificate of forfeiture or
notice of expiration of the time for redemption filed prior to
June 15, 1977.
Sec. 64. [REPEALER.]
Minnesota Statutes 1994, section 289A.60, subdivision 9, is
repealed.
Sec. 65. Minnesota Statutes 1995 Supplement, section
295.50, subdivision 4, is amended to read:
Subd. 4. [HEALTH CARE PROVIDER.] (a) "Health care
provider" means:
(1) a person furnishing any or all of the following goods
or services directly to a patient or consumer: medical,
surgical, optical, visual, dental, hearing, nursing services,
drugs, medical supplies, medical appliances, laboratory,
diagnostic or therapeutic services, or any goods and services
not listed above that qualify for reimbursement under the
medical assistance program provided under chapter 256B. For
purposes of this clause, "directly to a patient or consumer"
includes goods and services provided in connection with
independent medical examinations under section 65B.56 or other
examinations for purposes of litigation or insurance claims;
(2) a staff model health plan company; or
(3) an ambulance service required to be licensed.
(b) Health care provider does not include hospitals,
nursing homes licensed under chapter 144A or licensed in any
other jurisdiction, pharmacies, surgical centers, bus and
taxicab transportation, or any other providers of transportation
services other than ambulance services required to be licensed,
supervised living facilities for persons with mental retardation
or related conditions, licensed under Minnesota Rules, parts
4665.0100 to 4665.9900, residential care homes licensed under
chapter 144B, board and lodging establishments providing only
custodial services that are licensed under chapter 157 and
registered under section 157.031 157.17 to provide supportive
services or health supervision services, adult foster homes as
defined in Minnesota Rules, part 9555.5050, and boarding care
homes, as defined in Minnesota Rules, part 4655.0100.
Sec. 66. Minnesota Statutes 1995 Supplement, section
297A.25, subdivision 11, is amended to read:
Subd. 11. [SALES TO GOVERNMENT.] The gross receipts from
all sales, including sales in which title is retained by a
seller or a vendor or is assigned to a third party under an
installment sale or lease purchase agreement under section
465.71, of tangible personal property to, and all storage, use
or consumption of such property by, the United States and its
agencies and instrumentalities, the University of Minnesota,
state universities, community colleges, technical colleges,
state academies, the Minnesota center for arts education, and
school districts are exempt.
As used in this subdivision, "school districts" means
public school entities and districts of every kind and nature
organized under the laws of the state of Minnesota, including,
without limitation, school districts, intermediate school
districts, education districts, educational cooperative service
units, secondary vocational cooperative centers, special
education cooperatives, joint purchasing cooperatives,
telecommunication cooperatives, regional management information
centers, technical colleges, joint vocational technical
districts, and any instrumentality of a school district, as
defined in section 471.59.
Sales exempted by this subdivision include sales under
section 297A.01, subdivision 3, paragraph (f), but do not
include sales under section 297A.01, subdivision 3, paragraph
(j), clause (vii).
Sales to hospitals and nursing homes owned and operated by
political subdivisions of the state are exempt under this
subdivision.
The sales to and exclusively for the use of libraries of
books, periodicals, audio-visual materials and equipment,
photocopiers for use by the public, and all cataloguing and
circulation equipment, and cataloguing and circulation software
for library use are exempt under this subdivision. For purposes
of this paragraph "libraries" means libraries as defined in
section 134.001, county law libraries under chapter 134A, the
state library under section 480.09, and the legislative
reference library.
Sales of supplies and equipment used in the operation of an
ambulance service owned and operated by a political subdivision
of the state are exempt under this subdivision provided that the
supplies and equipment are used in the course of providing
medical care. Sales to a political subdivision of repair and
replacement parts for emergency rescue vehicles and fire trucks
and apparatus are exempt under this subdivision.
Sales to a political subdivision of machinery and
equipment, except for motor vehicles, used directly for mixed
municipal solid waste management services at a solid waste
disposal facility as defined in section 115A.03, subdivision 10,
are exempt under this subdivision.
Sales to political subdivisions of chore and homemaking
services to be provided to elderly or disabled individuals are
exempt.
Sales of telephone services to the department of
administration that are used to provide telecommunications
services through the intertechnologies revolving fund are exempt
under this subdivision.
This exemption shall not apply to building, construction or
reconstruction materials purchased by a contractor or a
subcontractor as a part of a lump-sum contract or similar type
of contract with a guaranteed maximum price covering both labor
and materials for use in the construction, alteration, or repair
of a building or facility. This exemption does not apply to
construction materials purchased by tax exempt entities or their
contractors to be used in constructing buildings or facilities
which will not be used principally by the tax exempt entities.
This exemption does not apply to the leasing of a motor
vehicle as defined in section 297B.01, subdivision 5, except for
leases entered into by the United States or its agencies or
instrumentalities.
The tax imposed on sales to political subdivisions of the
state under this section applies to all political subdivisions
other than those explicitly exempted under this subdivision,
notwithstanding section 115A.69, subdivision 6, 116A.25,
360.035, 458A.09, 458A.30, 458D.23, 469.101, subdivision 2,
469.127, 473.394, 473.448, 473.545, or 473.608 or any other law
to the contrary enacted before 1992.
Sales exempted by this subdivision include sales made to
other states or political subdivisions of other states, if the
sale would be exempt from taxation if it occurred in that state,
but do not include sales under section 297A.01, subdivision 3,
paragraphs (c) and (e).
Sec. 67. Minnesota Statutes 1994, section 298.39, is
amended to read:
298.39 [DISTRIBUTION OF PROCEEDS.]
The proceeds of the tax collected under section 298.35
shall be distributed by the state treasurer, upon certificate of
the commissioner of revenue to the general fund of the state and
to the various taxing districts in which the lands from which
the semitaconite was mined or quarried were located in the
following proportions: 22 percent thereof to the city or town;
50 percent thereof to the school district; 22 percent thereof to
the county; six percent thereof to the state. If the mining and
concentration, or different steps in either thereof are carried
on in more than one taxing district, the commissioner shall
apportion equitably the proceeds of the part of the tax going to
cities or towns among such subdivisions, and the part going to
school districts among such districts, and the part going to
counties among such counties, upon the basis of attributing 40
percent of the proceeds of the tax to the operation of mining or
quarrying the semitaconite, and the remainder to the
concentrating plant and to the processes of concentration, and
with respect to each thereof giving due consideration to the
relative extent of such operations performed in each such taxing
district. The commissioner's order making such apportionment
shall be subject to review by the tax court at the instance of
any of the interested taxing districts, in the same manner as
other orders of the commissioner. The amount so distributed
shall be divided among the various funds of the state, or of the
taxing districts in the same proportion as the general ad
valorem tax thereof. If in any year the state shall not spread
any general ad valorem tax levy against real property, the
state's proportion of the tax shall be paid into the general
fund. On or before October 10 of each calendar year each
producer of semitaconite subject to taxation under section
298.35, hereinafter called "taxpayer," shall file with the
commissioner of revenue and with the county auditor of each
county in which such taxpayer operates, and with the chief
clerical officer of each school district or city which is
entitled to participate in the distribution of the tax, an
estimate of the amount of tax which would be payable by such
taxpayer under said law for such calendar year; provided such
estimate shall be in an amount not less than the amount due on
the mining and production of concentrates up to September 30 of
said year plus the amount becoming due because of probable
production between September 30 and December 31 of said year,
less any credit allowable as hereinafter provided. Such
estimate shall list the taxing districts entitled to participate
in the distribution of such tax, and the amount of the estimated
tax which would be distributable to each such district in such
next ensuing calendar year on the basis of the last percentage
distribution certified by the commissioner of revenue. If there
be no such prior certification, the taxpayer shall set forth its
estimate of the proper distribution of such tax under the law,
which estimate may be corrected by the commissioner on deeming
it improper, notice of such correction being given by the
commissioner to the taxpayer and the public officers receiving
such estimate. The officers with whom such report is so filed
shall use the amount so indicated as being distributable to each
taxing district in computing the permissible tax levy of such
city in the year in which such estimate is made, and payable in
the next ensuing calendar year. Such taxpayer shall then pay,
at the times payments are required to be made pursuant to
section 298.36, as the amount of tax payable under section
298.35, the greater of (a) the amount shown by such estimate, or
(b) the amount due under said section as finally determined by
the commissioner of revenue pursuant to law. If, as a result of
the payment of the amount of such estimate, the taxpayer has
paid in any calendar year an amount of tax in excess of the
amount due in such year under section 298.35, after application
of credits for any excess payments made in previous years, all
as determined by the commissioner of revenue, the taxpayer shall
be given credit for such excess amount against any taxes which,
under said section, may become due from the taxpayer in
subsequent years. In any calendar year in which a general
property tax levy subject to chapter 124 or 124A or section
136C.411 has been made, if the taxes distributable to any such
city or school district are greater than the amount estimated to
be paid to any such city or school district in such year, the
excess of such distribution shall be held in a special fund by
the city or school district and shall not be expended until the
succeeding calendar year, and shall be included in computing the
permissible levies under chapter 124 or 124A or section 136C.411
of such city or school district payable in such year. If the
amounts distributable to any such city or school district, after
final determination by the commissioner of revenue under this
section are less than the amounts indicated by such estimates,
such city or school district may issue certificates of
indebtedness in the amount of the shortage, and may include in
its next tax levy, in excess of the limitations of chapters 124
and 124A and section 136C.411 an amount sufficient to pay such
certificates of indebtedness and interest thereon, or, if no
certificates were issued, an amount equal to such shortage.
There is hereby appropriated to such taxing districts as
are stated herein, from any fund or account in the state
treasury to which the money was credited, an amount sufficient
to make the payment or transfer.
Sec. 68. Minnesota Statutes 1994, section 299L.07,
subdivision 8, is amended to read:
Subd. 8. [LICENSE ACTIONS.] (a) The commissioner may not
issue or renew a license under this chapter, and shall revoke a
license under this chapter, if the applicant or licensee, or a
director, officer, partner, governor, person in a supervisory or
management position of the applicant or licensee, an employee
eligible to make sales on behalf of the applicant or licensee,
or direct or indirect holder of more than a five percent
financial interest in the applicant or licensee:
(1) has ever been convicted of a felony, or of a crime
involving gambling;
(2) has ever been convicted of (i) assault, (ii) a criminal
violation involving the use of a firearm, or (iii) making
terroristic threats;
(3) is or has ever connected with or engaged in an illegal
business;
(4) owes $500 or more in delinquent taxes as defined in
section 270.72;
(5) had a sales and use tax permit revoked by the
commissioner of revenue within the past two years;
(6) after demand, has not filed tax returns required by the
commissioner of revenue; or
(7) had a license or permit revoked or denied by another
jurisdiction for a violation of law or rule relating to gambling.
The commissioner may deny or refuse to renew a license
under this chapter, and may revoke a license under this chapter,
if any of the conditions in this subdivision is applicable to an
affiliate of or a direct or indirect holder of more than a five
percent financial interest in the applicant or licensee.
(b) The commissioner may by order deny, suspend, revoke,
refuse to renew a license or premises permit, or censure a
licensee or applicant, if the commissioner finds that the order
is in the public interest and that the applicant or licensee, or
a director, officer, partner, person in a supervisory or
management position of the applicant of or licensee, or an
employee eligible to make sales on behalf of the applicant or
licensee:
(1) has violated or failed to comply with any provision of
this chapter, chapter 297E, or 349, or any rule adopted or order
issued thereunder;
(2) has filed an application for a license that is
incomplete in any material respect, or contains a statement
that, in light of the circumstances under which it was made, is
false, misleading, fraudulent, or a misrepresentation;
(3) has made a false statement in a document or report
required to be submitted to the director, the commissioner, or
the commissioner of revenue, or has made a false statement in a
statement made to the director or commissioner;
(4) has been convicted of a crime in another jurisdiction
that would be a felony if committed in Minnesota;
(5) is permanently or temporarily enjoined by any gambling
regulatory agency from engaging in or continuing any conduct or
practice involving any aspect of gambling;
(6) has had a gambling-related license revoked or
suspended, or has paid or been required to pay a monetary
penalty of $2,500 or more, by a gambling regulator in another
state or jurisdiction, or has violated or failed to comply with
an order of such a regulator that imposed those actions;
(7) has been the subject of any of the following actions by
the director or commissioner: (i) had a license under this
chapter denied, suspended or revoked, (ii) been censured,
reprimanded, has paid or been required to pay a monetary penalty
or fine, or (iii) has been the subject of any other discipline
by the director;
(8) has engaged in conduct that is contrary to the public
health, welfare, or safety, or to the integrity of gambling; or
(9) based on the licensee's past activities or criminal
record, poses a threat to the public interest or to the
effective regulation and control of gambling, or creates or
enhances the danger of unsuitable, unfair, or illegal practices,
methods, and activities in the conduct of gambling or the
carrying on of the business and financial arrangements
incidental to the conduct of gambling.
Sec. 69. Minnesota Statutes 1994, section 308A.135,
subdivision 3, is amended to read:
Subd. 3. [CERTIFICATE.] (a) A certificate must be prepared
stating:
(1) the vote and meeting of the board adopting a resolution
of the proposed amendment;
(2) the notice given to members of the meeting that at
which the amendment was adopted;
(3) the quorum registered at the meeting; and
(4) the vote cast adopting the amendment.
(b) The certificate must be signed by the chair,
vice-chair, president, vice-president, secretary, or assistant
secretary and filed with the records of the cooperative.
Sec. 70. Minnesota Statutes 1994, section 325D.01,
subdivision 1, is amended to read:
Subdivision 1. [WORDS, TERMS, AND PHRASES.] Unless the
language or context clearly indicates that a different meaning
is intended, the words, terms, and phrases defined in this
section, for the purposes of sections 325D.02 to 325D.08
325D.07, shall be given the meanings subjoined to them.
Sec. 71. Minnesota Statutes 1994, section 325D.69,
subdivision 2, is amended to read:
Subd. 2. [MISDEMEANORS.] Any person, firm, or corporation,
whether as principal, agent, officer, or director, for itself,
or for another person, firm, or corporation, willfully violating
the provisions of sections 325D.03, 325D.04, and 325D.05 and
325D.08 shall be guilty of a misdemeanor.
Any person who, either as director, officer, or agent of
any firm or corporation or as agent of any person violating the
provisions of sections 325D.03, 325D.04, and 325D.05 and
325D.08, knowingly assists or aids directly or indirectly in
such violation shall be equally responsible therefor.
Sec. 72. Minnesota Statutes 1994, section 325D.70, is
amended to read:
325D.70 [INJUNCTIVE RELIEF.]
In addition to the penalties provided in section 325D.69,
subdivision 2, the courts of this state are hereby vested with
jurisdiction to prevent and restrain violations of sections
325D.02 to 325D.07. Any person, partnership, corporation, or
association damaged, or who is threatened with loss or injury,
by reason of a violation of these sections shall be entitled to
sue for and have injunctive relief in any court of competent
jurisdiction against any damage or threatened loss or injury by
reason of a violation thereof and for the amount of the actual
damages, if any. In order to obtain such injunctive relief it
shall not be necessary to allege or prove that an adequate
remedy at law does not exist.
No person shall be excused from attending and testifying or
from producing books, papers, contracts, agreements, and
documents in any case or proceedings instituted or brought under
the provisions of sections 325D.02 to 325D.08 325D.07, 325D.69,
and this section, or in obedience to a subpoena, in any such
case or proceedings, on the ground or for the reason that the
testimony or evidence, documentary or otherwise, required of the
person may tend to criminate or subject the person to a penalty
or forfeiture; but no person shall be prosecuted or subjected to
any penalty or forfeiture for or on account of any transaction,
matter, or thing concerning which the person may testify, or
produce evidence, documentary or otherwise, in any such case or
proceedings, or in obedience to a subpoena, in any such case or
proceedings.
Sec. 73. [REPEALER.]
Minnesota Statutes 1994, section 349.218, is repealed.
Sec. 74. Minnesota Statutes 1994, section 349A.02,
subdivision 6, is amended to read:
Subd. 6. [EMPLOYEES; BACKGROUND CHECKS.] The director
shall conduct background checks, or request the director of
gambling enforcement to conduct background checks, on all
prospective employees who are finalists, and shall require that
all employees of the lottery be fingerprinted. No person may be
employed by the lottery who has been convicted of a felony or a
crime involving fraud or misrepresentation within five years of
starting employment with the lottery, or has ever been convicted
of a gambling-related offense. The director has access to all
criminal history data compiled by the lottery division of
gambling enforcement on employees and prospective employees of
the lottery. The director may employ necessary persons pending
the completion of a background check.
Sec. 75. Minnesota Statutes 1994, section 352.75,
subdivision 6, is amended to read:
Subd. 6. [INCREASE IN EXISTING ANNUITIES AND BENEFITS.]
All persons receiving retirement allowances or annuities,
disability benefits, survivorship annuities and survivor of
deceased active employee benefits from the former metropolitan
transit commission-transit operating division employees
retirement fund on December 31, 1977, and on July 1, 1978, are
entitled to have the allowances, annuities, or benefits
increased by an amount equal to $20 per month. Notwithstanding
section 356.18, Increases in payments under this subdivision
must be made automatically unless the intended recipient files
written notice with the executive director of the Minnesota
state retirement system requesting that the increase not be
made. If any actuarial reduction or adjustment was applied to
the retirement allowance or annuity, disability benefit,
survivorship annuity, or survivor of deceased active employee
benefit, the increase specified in this subdivision must be
similarly reduced or adjusted. Upon the death of any person
receiving an annuity or benefit if the person elected a joint
and survivor optional annuity the survivor is entitled to the
continued receipt of the increase provided for under this
subdivision, but the increase must be reduced or adjusted in
accordance with the optional annuity election.
Sec. 76. Minnesota Statutes 1994, section 352B.26,
subdivision 3, is amended to read:
Subd. 3. [VALUATION OF ASSETS; ADJUSTMENT OF BENEFITS.]
(a) For former members beginning receipt of annuities and
qualified recipients of joint and survivor annuities and
surviving spouse benefits, the required reserves must be
determined in accordance with the appropriate mortality table
adopted by the board of directors of the Minnesota state
retirement system based on the experience of the fund as
recommended by the commission-retained actuary and using the
interest assumption specified in section 356.215, subdivision
4d. Assets representing the required reserves for these
annuities must be transferred to the Minnesota postretirement
investment fund as of the last business day of the month in
which the retirement annuity begins as specified in section
11A.18.
(b) Annuity payments must be adjusted in accordance with
section 11A.18.
(c) Notwithstanding section 356.18, An increase in annuity
payments under this section must be made automatically unless
written notice is filed by the annuitant with the executive
director of the Minnesota state retirement system requesting
that the increase not be made.
Sec. 77. Minnesota Statutes 1994, section 353.271,
subdivision 2, is amended to read:
Subd. 2. [VALUATION OF ASSETS; ADJUSTMENT OF BENEFITS.]
(1) The required reserves for retirement annuities payable as
provided in this chapter other than those payable from the
various local relief association consolidation accounts, as
determined in accordance with the appropriate mortality table
adopted by the board of trustees based on the experience of the
fund as recommended by the actuary retained by the legislative
commission on pensions and retirement, and using the
postretirement interest assumption specified in section 356.215,
subdivision 4d, shall be transferred to the Minnesota
postretirement investment fund as of the last business day of
the month in which the retirement annuity begins.
(2) Annuity payments other than those payable from the
various local relief association consolidation accounts shall be
adjusted in accordance with the provisions of section 11A.18.
(3) Notwithstanding section 356.18, Increases in payments
pursuant to this section or from the various local relief
association consolidation accounts, if applicable, will be made
automatically unless the intended recipient files written notice
with the executive director of the public employees retirement
association requesting that the increase shall not be made.
Sec. 78. Minnesota Statutes 1994, section 353.84, is
amended to read:
353.84 [INCREASE IN BENEFITS.]
All survivors and disabilitants who were receiving benefits
on June 30, 1973, shall receive from the appropriate special
fund, a 25 percent increase in such benefits accruing from
January 1, 1974; provided, that survivors of members who died
prior to July 1, 1973 and will not become eligible to receive
benefits until after June 30, 1973, shall receive the 25 percent
increase in such benefits when the benefits begin to accrue.
Such increases shall not be affected by any maximum limitations
otherwise provided in this chapter.
Notwithstanding section 356.18, Increases in payments
pursuant to this section will be made automatically unless the
intended recipient files written notice with the public
employees retirement association requesting that the increase
shall not be made.
Sec. 79. Minnesota Statutes 1995 Supplement, section
354.05, subdivision 5, is amended to read:
Subd. 5. [MEMBER OF THE ASSOCIATION.] "Member of the
association" means every teacher who contributes to the teachers
retirement fund as provided in this chapter who has not retired,
except a teacher covered by section 354B.02, subdivision 2 or 3,
who elects to participate in the individual retirement account
plan under chapter 354B, or a teacher who exercises an option to
elect coverage under another public pension plan enumerated in
section 356.30, subdivision 3. Any former member of the
association who is retired and subsequently resumes teaching
service is a member of the association only for purposes of
social security coverage.
Sec. 80. Minnesota Statutes 1994, section 354.094, as
amended by Laws 1995, chapter 141, article 3, section 20, is
amended to read:
354.094 [EXTENDED LEAVES OF ABSENCE.]
Subdivision 1. [SERVICE CREDIT CONTRIBUTIONS.] Before the
end of the fiscal year during which any extended leave of
absence is granted pursuant to section 125.60 or 136.88 136F.43,
the employing unit granting the leave must certify the leave to
the association on a form specified by the executive director.
A member granted an extended leave of absence pursuant to
section 125.60 or 136.88 136F.43 may pay employee contributions
and receive allowable service credit toward annuities and other
benefits under this chapter, for each year of the leave provided
the member and the employing board make the required employer
contribution in any proportion they may agree upon, during the
period of the leave which shall not exceed five years. A member
may not receive more than five years of allowable service credit
under this section. The employee and employer contributions
must be based upon the rates of contribution prescribed by
section 354.42 for the salary received during the year
immediately preceding the extended leave. Payments for the
years for which a member is receiving service credit while on
extended leave must be made on or before the later of June 30 of
each fiscal year for which service credit is received or within
30 days after first notification of the amount due, if requested
by the member, is given by the association. No payment is
permitted after the following September 30. Payments received
after June 30 must include interest at an annual rate of 8.5
percent from June 30 through the end of the month in which
payment is received. Notwithstanding the provisions of any
agreements to the contrary, employee and employer contributions
may not be made to receive allowable service credit if the
member does not have full reinstatement rights as provided in
section 125.60 or 136.88 136F.43, both during and at the end of
the extended leave.
Subd. 2. [MEMBERSHIP; RETENTION.] Notwithstanding section
354.49, subdivision 4, clause (3), a member on extended leave
whose employee and employer contributions are paid into the fund
pursuant to subdivision 1 shall retain membership in the
association for as long as the contributions are paid, under the
same terms and conditions as if the member had continued to
teach in the district, the community college system, or the
state university system.
Subd. 3. [EFFECT OF NONPAYMENT.] A member on extended
leave of absence pursuant to section 125.60 or 136.88 136F.43
who does not pay employee contributions or whose employer
contribution is not paid into the fund in any year shall be
deemed to cease to render teaching services beginning in that
year for purposes of this chapter and may not pay employee or
employer contributions into the fund in any subsequent year of
the leave. Nonpayment of contributions into the fund shall not
affect the rights or obligations of the member or the member's
employer under section 125.60 or 136.88 136F.43.
Subd. 4. A member who pays employee contributions into the
fund for the agreed maximum duration of an extended leave and
who does not resume teaching in the first school year after that
maximum duration has elapsed shall be deemed to cease to render
teaching services beginning in that year for purposes of this
chapter.
Subd. 5. The provisions of this section shall not apply to
a member who is discharged or placed on unrequested leave of
absence or retrenchment or layoff or whose contract is
terminated while the member is on an extended leave of absence
pursuant to section 125.60 or 136.88 136F.43.
Subd. 6. A member who pays employee contributions and
receives allowable service credit in the association pursuant to
this section may not pay employee contributions or receive
allowable service credit for the same fiscal year in any other
Minnesota public employee pension plan, except a volunteer
firefighters' relief association governed by sections 69.771 to
69.776. This subdivision shall not be construed to prohibit a
member who pays employee contributions and receives allowable
service credit in the association pursuant to this section in
any year from being employed as a substitute teacher by any
school district during that year. Notwithstanding the
provisions of sections 354.091 and 354.42, a teacher may not pay
retirement contributions or receive allowable service credit in
the association for teaching service rendered for any part of
any year for which the teacher pays retirement contributions or
receives allowable service credit pursuant to this section or
section 354A.091 while on an extended leave of absence pursuant
to section 125.60.
Sec. 81. Minnesota Statutes 1994, section 354.53,
subdivision 1, is amended to read:
Subdivision 1. [EMPLOYEE AND EMPLOYER CONTRIBUTIONS.] Any
employee given a leave of absence to enter military service and
who returns to teaching service upon discharge from military
service as provided in section 192.262, shall obtain credit for
the period of military service but shall not receive credit for
any voluntary extension of military service at the instance of
the member beyond the initial period of enlistment, induction or
call to active duty. The member shall obtain credit by paying
into the fund an employee contribution based upon the salary of
the member at the date of return from military service. The
amount of this contribution shall be as follows:
Period Basic Member Coordinated Member
July 1, 1973 8 percent 4 percent
thru
June 30, 1979
July 1, 1979
and 8.5 percent 4.5 percent
thereafter
The contributions specified in this subdivision shall be
multiplied by the number of years of military service together
with interest thereon at an annual rate of 8.5 percent
compounded annually from the time the military service was
rendered to the first date of payment. The employer
contribution and additional contribution provided in section
354.42 shall be paid by the unit in the manner provided in
section 354.43 354.52, subdivision 4.
Sec. 82. Minnesota Statutes 1994, section 354.55,
subdivision 14, is amended to read:
Subd. 14. All annuities payable from the Minnesota
postretirement investment fund which are in effect on June 30,
1973 shall be increased in the same ratio that the actuarially
computed reserve for such annuities determined by using an
interest assumption of 3-1/2 percent bears to the actuarially
computed reserve for such annuities determined by using an
interest assumption of five percent. The reserves upon which
such increases shall be based shall be the actuarially
determined reserves for all Minnesota postretirement investment
fund annuities which were in effect on June 30, 1972, in
accordance with the mortality assumptions then in effect and at
interest assumptions of 3-1/2 percent and five percent. Such
ratio of increase computed to the last full 1/100 of one percent
shall be applied to all annuities payable from the Minnesota
postretirement investment fund which are in effect on June 30,
1973. Notwithstanding the provisions of section 356.18,
Increases in annuity payments pursuant to this subdivision will
be made automatically unless written notice is filed by the
annuitant with the teachers retirement association board
requesting that the increase shall not be made.
Sec. 83. Minnesota Statutes 1994, section 354.55,
subdivision 15, is amended to read:
Subd. 15. Notwithstanding the maximum benefit provisions
of section 354.46, subdivision 1, all benefits and annuities
payable pursuant to sections 354.48; 354.46, subdivision 1 and
Laws 1915, chapter 199, as amended, which are in effect on June
30, 1973 shall be increased 25 percent. Such increase shall
begin to accrue January 1, 1974. Notwithstanding the provisions
of section 356.18, Increases in benefit and annuity payments
pursuant to this subdivision will be made automatically unless
written notice is filed by the annuitant with the teachers
retirement association board requesting that the increase shall
not be made.
Sec. 84. Minnesota Statutes 1995 Supplement, section
354.63, subdivision 2, is amended to read:
Subd. 2. [VALUATION OF ASSETS; ADJUSTMENT OF BENEFITS.]
(1) The required reserves for retirement annuities as determined
in accordance with this chapter shall be transferred to the
Minnesota postretirement investment fund as of the last business
day of the month in which the retirement annuity begins. The
required reserves shall be determined in accordance with the
appropriate annuity table of mortality adopted by the board of
trustees as provided in section 354.07, subdivision 1, based on
the experience of the fund as recommended by the
commission-retained actuary and using the interest assumption
specified in section 356.215, subdivision 4d.
(2) Annuity payments shall be adjusted in accordance with
the provisions of section 11A.18. In making these adjustments,
members who retire effective July 1 shall be considered to have
retired effective the preceding June 30. This section applies
to persons who retired effective July 1, 1982, or later.
(3) Notwithstanding section 356.18, An increase in annuity
payments pursuant to this section will be made automatically
unless written notice is filed by the annuitant with the
executive director of the teachers retirement association
requesting that the increase shall not be made.
Sec. 85. Minnesota Statutes 1994, section 354.66,
subdivision 1, is amended to read:
Subdivision 1. [TEACHERS, DEFINED.] As used in this
section, the term "teachers" shall have the meaning given it in
section 125.03, subdivision 1, except that the term shall not
include superintendents. The term shall also have the meaning
given it in section 136.88 136F.43, subdivision 1.
Sec. 86. Minnesota Statutes 1994, section 354.66,
subdivision 6, is amended to read:
Subd. 6. [INSURANCE.] A board of an employing district
entering into an agreement authorized by this section shall take
all steps necessary to assure continuance of any insurance
programs furnished or authorized a full time teacher on an
identical basis and with identical sharing of costs for a part
time teacher pursuant to this section, provided, however, that
the requirements of this sentence may be modified by a
collective bargaining agreement between a board and an exclusive
representative pursuant to chapter 179. Notwithstanding the
provisions of section 43A.25, Teachers as defined in section
136.88 136F.43 employed on a less than 75 percent time basis
pursuant to this section shall be eligible for state paid
insurance benefits as if the teachers were employed full time.
Sec. 87. Minnesota Statutes 1994, section 354A.092, is
amended to read:
354A.092 [SABBATICAL LEAVE.]
Any teacher in the coordinated program of either the
Minneapolis teachers retirement fund association or the St.
Paul teachers retirement fund association or any teacher in the
new law coordinated program of the Duluth teachers retirement
fund association who is granted a sabbatical leave shall be
entitled to receive allowable service credit in the applicable
association for periods of sabbatical leave. To obtain the
service credit, the teacher on sabbatical leave shall make an
employee contribution to the applicable association. No teacher
shall be entitled to receive more than three years of allowable
service credit pursuant to this section for a period or periods
of sabbatical leave during any ten consecutive fiscal or
calendar years, whichever is the applicable plan year for the
teachers retirement fund association. If the teacher granted a
sabbatical leave makes the employee contribution for a period of
sabbatical leave pursuant to this section, the employing unit
shall make an employer contribution on behalf of the teacher to
the applicable association for that period of sabbatical leave
in the manner described in section 354.43, subdivisions 1 and
5 354A.12, subdivision 2a. The employee and employer
contributions shall be in an amount equal to the employee and
employer contribution rates in effect for other active members
of the association covered by the same program applied to a
salary figure equal to the teacher's actual covered salary for
the plan year immediately preceding the sabbatical leave
period. Payment of the employee contribution authorized
pursuant to this section shall be made by the teacher on or
before June 30 of year next following the year in which the
sabbatical leave terminated and shall be made without interest.
For sabbatical leaves taken after June 30, 1986, the required
employer contributions shall be paid by the employing unit
within 30 days after notification by the association of the
amount due. If the employee contributions for the sabbatical
leave period are less than an amount equal to the applicable
contribution rate applied to a salary figure equal to the
teacher's actual covered salary for the plan year immediately
preceding the sabbatical leave period, service credit shall be
prorated. The prorated service credit shall be determined by
the ratio between the amount of the actual payment which was
made and the full contribution amount payable pursuant to this
section.
Sec. 88. Minnesota Statutes 1994, section 354A.093, is
amended to read:
354A.093 [MILITARY SERVICE CREDIT.]
Any teacher in the coordinated program of either the
Minneapolis teachers retirement fund association or the St.
Paul teachers retirement fund association or any teacher in the
new law coordinated program of the Duluth teachers retirement
fund association who is granted a leave of absence to enter
military service and who returns to active teaching service upon
discharge from military service as provided in section 192.262,
shall be entitled to receive allowable service credit in the
applicable association for all or a portion of the period of
military service but not for any voluntary extension of military
service beyond the initial period of enlistment, induction or
call to active duty which occurred at the instance of the
teacher. If the teacher granted the military service leave of
absence makes the employee contribution for a period of military
service leave of absence pursuant to this section, the employing
unit shall make an employer contribution on behalf of the
teacher to the applicable association for the period of the
military service leave of absence in the manner described in
section 354.43, subdivisions 1 and 5 354A.12, subdivision 2a.
The employee and employer contributions shall be in an amount
equal to the employee and employer contribution rates in effect
for other active members of the association covered by the same
program applied to a salary figure equal to the teacher's annual
salary rate at the date of return from military service,
multiplied by the number of years constituting the period of the
military service leave of absence which the teacher seeks to
purchase. Payment shall include interest on the amount payable
pursuant to this section at the rate of six percent compounded
annually from the year the military service was rendered to the
date of payment. If the payments made by a teacher pursuant to
this section are less than an amount equal to the applicable
contribution rate applied to a salary figure equal to the
teacher's annual salary rate at the date of return from military
service, multiplied by the number of years constituting the
period of the military service leave of absence, service credit
shall be prorated. The prorated service credit shall be
determined by the ratio between the amount of the actual payment
which was made and the full contribution amount payable pursuant
to this section. In order to be entitled to receive service
credit under this section, payment shall be made within five
years from the date of discharge from military service.
Sec. 89. Minnesota Statutes 1995 Supplement, section
354A.094, subdivision 4, is amended to read:
Subd. 4. [RETIREMENT CONTRIBUTIONS.] Notwithstanding any
provision to the contrary in this chapter or the articles of
incorporation or bylaws of an association relating to the salary
figure to be used for the determination of contributions or the
accrual of service credit, a teacher assigned to a part-time
position under this section shall continue to make employee
contributions to and to accrue allowable service credit in the
applicable association during the period of part-time employment
on the same basis and in the same amounts as would have been
paid and accrued if the teacher had been employed on a full-time
basis provided that, prior to June 30 each year the member and
the employing board make that portion of the required employer
contribution to the applicable association in any proportion
which they may agree upon, that is based on the difference
between the amount of compensation that would have been paid if
the teacher had been employed on a full-time basis and the
amount of compensation actually received by the teacher for
services rendered in the part-time assignment. The employer
contributions to the applicable association on behalf of the
teacher shall be based on the amount of compensation actually
received by the teacher for the services rendered in the
part-time assignment in the manner described in section 354.43
354A.12, subdivision 3 2a. The employee and employer
contributions shall be based upon the rates of contribution
prescribed by section 354A.12. Full membership, accrual of
allowable service credit and employee contributions for
part-time teaching service by a teacher pursuant to this section
and section 354.66 shall not continue for a period longer than
ten years.
Sec. 90. Minnesota Statutes 1995 Supplement, section
354D.01, subdivision 2, is amended to read:
Subd. 2. [INDIVIDUAL RETIREMENT ACCOUNT PLAN OR PLAN.]
"Individual retirement account plan" or "plan" means the
individual retirement account plan established by sections
354B.01 354B.20 to 354B.05 354B.30.
Sec. 91. Minnesota Statutes 1995 Supplement, section
354D.06, is amended to read:
354D.06 [ADMINISTRATION.]
The Minnesota state university system or its successor
shall administer the individual retirement account plan for
eligible employees in accordance with sections 354B.01 354B.20
to 354B.05 354B.30.
Sec. 92. Minnesota Statutes 1994, section 355.391,
subdivision 1, is amended to read:
Subdivision 1. [TERMS.] Unless the context indicates
otherwise, for the purposes of this section and sections section
355.392 and 490.129, the terms defined in this section shall
have the meanings given to them.
Sec. 93. Minnesota Statutes 1994, section 355.392,
subdivision 2, is amended to read:
Subd. 2. [EMPLOYER CONTRIBUTIONS.] For services by judges
referred to in subdivision 1, clause (b), the state court
administrator shall pay into the contribution fund established
pursuant to section 355.04, an employer contribution on wages
equal the employer tax rate imposed by the Federal Insurance
Contributions Act.
Sec. 94. Minnesota Statutes 1994, section 355.392,
subdivision 3, is amended to read:
Subd. 3. [EMPLOYEE CONTRIBUTIONS.] For services by judges
referred to in subdivision 1, clause (b), the judge shall
pay into the contribution fund established pursuant to section
355.04, an employee contribution on wages equal to the employee
tax rate imposed by the Federal Insurance Contributions Act.
The contribution must be made by payroll deduction.
Sec. 95. Minnesota Statutes 1994, section 356.86,
subdivision 2, is amended to read:
Subd. 2. [AMOUNT OF POSTRETIREMENT ADJUSTMENT; PAYMENT.]
(a) For any person receiving an annuity or benefit on November
30, 1989, and entitled to receive a postretirement adjustment
under subdivision 1, the postretirement adjustment is a lump sum
payment calculated under paragraph (b) or (c).
(b) For coordinated plan annuity or benefit recipients, the
postretirement adjustment in 1989 is $25 for each full year of
allowable service credited to the person by the respective
retirement fund. In 1990 and each following year, the
postretirement adjustment is the amount payable in the preceding
year increased by the same percentage applied to regular
annuities paid from the postretirement fund or, for the
retirement funds specified in subdivision 3, clauses (6), (7),
and (8), by the same percentage applied under the articles of
incorporation and bylaws of these funds.
(c) For basic plan annuity or benefit recipients, the
postretirement adjustment in 1989 is the greater of:
(1) $25 for each full year of allowable service credited to
the person by the respective retirement fund; or
(2) the difference between:
(i) the product of $400 times the number of full years of
allowable service credited to the person by the respective
retirement fund; and
(ii) the sum of the benefits payable to the person from any
Minnesota public employee pension plan, and cash benefits
payable to the person from the Social Security Administration.
In 1990 and each following year, each eligible basic plan
annuity or benefit recipient shall receive the amount received
in the preceding year increased by the same percentage applied
to regular annuities paid from the postretirement fund or, for
the retirement funds specified in subdivision 3, clauses (6),
(7), and (8), by the same percentage applied under the articles
of incorporation and bylaws of these funds.
(d) The postretirement adjustment provided for in this
section is payable for those persons receiving an annuity or
benefit on November 30, 1989, on December 1, 1989. In
subsequent years, the adjustment must be paid on December 1 to
those persons receiving an annuity or benefit on the preceding
November 30. A person who is eligible may elect to participate
in an optional annuity or benefit receipt schedule under
subdivision 4. This section does not authorize the payment of a
postretirement adjustment to an estate if the annuity or benefit
recipient dies before the November 30 eligibility date.
Notwithstanding section 356.18, The postretirement adjustment
provided for in this section must be paid automatically unless
the intended recipient files a written notice with the
retirement fund requesting that the postretirement adjustment
not be paid or returns the amount of adjustment to the
retirement fund. Written notice of the waiver of the
postretirement adjustment is irrevocable for the year during
which it was made.
Sec. 96. Minnesota Statutes 1994, section 356.865,
subdivision 2, is amended to read:
Subd. 2. [AMOUNT OF PAYMENT.] (a) For any person receiving
an annuity or benefit on November 30, 1991, and entitled to
receive a supplemental benefit lump sum payment under
subdivision 1, the payment is $28 for each full year of
allowable service credited to the person by the retirement fund.
In 1992 and each following year, each eligible benefit
recipient shall receive the amount received in the preceding
year increased by the same percentage applied on the most recent
January 1 to regular annuities paid from the Minneapolis
employees retirement fund.
(b) The payment provided for in this section is payable on
December 1, 1991, to those persons receiving an annuity or
benefit on November 30, 1991. In subsequent years, the payment
must be made on December 1 to those persons receiving an annuity
or benefit on the preceding November 30. This section does not
authorize payment to an estate if the annuity or benefit
recipient dies before the November 30 eligibility date.
Notwithstanding section 356.18, The payment provided for in this
section must be paid automatically unless the intended recipient
files a written notice with the retirement fund requesting that
it not be paid.
Sec. 97. Minnesota Statutes 1994, section 402.01,
subdivision 1, is amended to read:
Subdivision 1. One or more contiguous counties situated
within the boundaries of the same region designated pursuant to
sections 462.381 to 462.396 or section 473.122 473.121,
subdivision 2, may, by resolution of their county boards of
commissioners, designate a human services board having the
composition, powers, and duties provided in sections 402.01 to
402.10.
Sec. 98. Minnesota Statutes 1994, section 422A.06,
subdivision 5, is amended to read:
Subd. 5. [TRANSFER OF RESERVES TO RETIREMENT BENEFIT FUND;
ADJUSTMENTS OF ANNUITIES AND BENEFITS.] (a) Assets equal to the
required reserves for retirement annuities as determined in
accordance with the appropriate mortality table adopted by the
board of trustees based on the experience of the fund as
recommended by the commission-retained actuary and using the
postretirement interest assumption specified in section 356.215,
subdivision 4d, shall be transferred to the disability benefit
fund as provided in subdivision 7, or the retirement benefit
fund, except for any amounts payable from the survivor benefit
fund, as of date of retirement.
(b) Annuity payments shall be adjusted in accordance with
this chapter, except that no minimum retirement payments
described in this chapter shall include any amounts payable from
the survivors' benefit fund or disability benefit fund and
supplemented benefits specifically financed by statute.
(c) Notwithstanding the provisions of section 356.18,
Increases in annuity payments pursuant to this section shall be
made automatically unless written notice on a form prescribed by
the board is filed with the retirement board requesting that the
increase not be made.
(d) Any additional annuity which began to accrue on July 1,
1973, or which began to accrue on January 1, 1974, pursuant to
Laws 1973, chapter 770, section 1, shall be considered as part
of the base amount to be used in determining any postretirement
adjustments payable pursuant to the provisions of subdivision 8.
Sec. 99. Minnesota Statutes 1994, section 462A.07,
subdivision 14, is amended to read:
Subd. 14. [AMERICAN INDIANS.] (a) It may engage in housing
programs for low- and moderate-income American Indians developed
and administered separately or in combination by the Minnesota
Chippewa tribe, the Red Lake band of Chippewa Indians, and the
Sioux communities as determined by such tribe, band, or
communities. In furtherance of the policy of economic
integration stated in section 462A.02, subdivision 6, it may
engage in housing programs for American Indians who intend to
reside on reservations and who are not persons of low and
moderate income, provided that the aggregate dollar amount of
the loans for each lender's fiscal year shall not exceed an
amount equal to 25 percent of the total dollar amount of all
loans made by that lender during the lender's fiscal year at the
time of loan application. In developing such housing programs,
the tribe, band, or communities shall take into account the
housing needs of all American Indians residing both on and off
reservations within the state. A plan for each such program,
which specifically describes the program content, utilization of
funds, administration, operation, implementation and other
matter, as determined by the agency, must be submitted to the
agency for its review and approval prior to the making of
eligible loans pursuant to section 462A.21. All such programs
must conform to rules promulgated by the agency concerning
program administration, including but not limited to rules
concerning costs of administration; the quality of housing;
interest rates, fees, and charges in connection with making
eligible loans; and other matters determined by the agency to be
necessary in order to effectuate the purposes of this
subdivision and section 462A.21, subdivisions 4b and 4c. All
such programs must provide for a reasonable balance in the
distribution of funds appropriated for the purpose of this
section between American Indians residing on and off
reservations within the state. Nothing in this section shall
preclude such tribe, band, or communities from requesting and
receiving cooperation, advice, and assistance from the agency as
regards program development, operation, delivery, financing, or
administration. As a condition to the making of such eligible
loans, the Minnesota Chippewa tribe, the Red Lake band of
Chippewa Indians, and the Sioux communities shall:
(1) enter into a loan agreement and other contractual
arrangements with the agency for the purpose of transferring the
allocated portion of loan funds as set forth in section 462A.26
and to insure compliance with the provisions of this section and
this chapter; and
(2) agree that all of their official books and records
related to such housing programs shall be subjected to audit by
the legislative auditor in the manner prescribed for agencies of
state government.
The agency shall submit a biennial report concerning the
various housing programs for American Indians, and related
receipts and expenditures as provided in section 462A.22,
subdivision 9, and such tribe, band, or communities to the
extent that they administer such programs, shall be responsible
for any costs and expenses related to such administration
provided, however, they shall be eligible for payment for costs,
expenses, and services pursuant to subdivision 12 and section
462A.21. The agency may provide or cause to be provided
essential general technical services as set forth in subdivision
2, and general consultative project assistance services,
including, but not limited to, management training, and home
ownership counseling as set forth in subdivision 3. Members of
boards, committees, or other governing bodies of the tribe,
band, and communities administering the programs authorized by
this subdivision must be compensated for those services as
provided in section 15.0575. Rules promulgated under this
subdivision may be promulgated as emergency rules under chapter
14.
(b) The agency may engage in demonstration projects to
encourage the participation of financial institutions or other
leveraging sources in providing housing opportunities for
American Indians. The agency shall consult with the Minnesota
Chippewa tribe, the Red Lake band of Chippewa Indians, and the
Sioux communities in developing the demonstration projects. The
income limits specified in paragraph (a) do not apply to the
demonstration projects.
(c) The agency may make home improvement loans under this
subdivision without regard to household income.
Sec. 100. Minnesota Statutes 1994, section 462A.08,
subdivision 3, is amended to read:
Subd. 3. All notes or bonds issued under this section are
securities as defined in section 336.8-102 and may be issued as
certificated securities or as uncertificated securities.
Certificated securities may be issued in bearer or registered
form. The agency may perform all actions that are permitted or
required of issuers of securities under sections 336.8-101 to
336.8-408 336.8-511. If notes or bonds are issued as
uncertificated securities, and this chapter or other law
requires or permits the notes or bonds to contain a statement or
recital, whether on their face or otherwise, it is sufficient
compliance with the law that the statement or recital is
contained in the transaction statement or in a resolution or
other instrument that is made a part of the note or bond by
reference in the transaction statement as provided in section
336.8-202. All notes and bonds so issued may be either general
obligations of the agency, secured by its full faith and credit,
and payable out of any money, assets, or revenues of the agency,
subject to the provisions of resolutions or indentures pledging
and appropriating particular money, assets, or revenues to
particular notes or bonds, or limited obligations of the agency
not secured by its full faith and credit, and payable solely
from those moneys, assets, or revenues of the agency as may be
authorized by resolution or indenture.
Sec. 101. Minnesota Statutes 1994, section 469.141,
subdivision 2, is amended to read:
Subd. 2. [POWER TO REGULATE.] Cities may regulate all
drilling, except water well and exploratory drilling that is
subject to the provisions of sections 156A.01 to 156A.10 chapter
103I, above, in, through, and adjacent to subsurface areas
designated for mined underground space development and existing
mined underground space. The regulations may prohibit,
restrict, control, and require permits for such drilling.
Sec. 102. [REPEALER.]
Minnesota Statutes 1994, section 471.6161, subdivision 7,
is repealed.
Sec. 103. Minnesota Statutes 1994, section 473.446,
subdivision 2, is amended to read:
Subd. 2. [TRANSIT TAXING DISTRICT.] The metropolitan
transit taxing district is hereby designated as that portion of
the metropolitan transit area lying within the following named
cities, towns, or unorganized territory within the counties
indicated:
(a) Anoka county. Anoka, Blaine, Centerville, Columbia
Heights, Coon Rapids, Fridley, Circle Pines, Hilltop, Lexington,
Lino Lakes, Spring Lake Park;
(b) Carver county. Chanhassen, the city of Chaska;
(c) Dakota county. Apple Valley, Burnsville, Eagan, Inver
Grove Heights, Lilydale, Mendota, Mendota Heights, Rosemount,
South St. Paul, Sunfish Lake, West St. Paul;
(d) Ramsey county. All of the territory within Ramsey
county;
(e) Hennepin county. Bloomington, Brooklyn Center,
Brooklyn Park, Champlin, Chanhassen, Crystal, Deephaven, Eden
Prairie, Edina, Excelsior, Golden Valley, Greenwood, Hopkins,
Long Lake, Maple Grove, Medicine Lake, Minneapolis, Minnetonka,
Minnetonka Beach, Mound, New Hope, Orono, Osseo, Plymouth,
Richfield, Robbinsdale, St. Anthony, St. Louis Park, Shorewood,
Spring Park, Tonka Bay, Wayzata, Woodland, the unorganized
territory of Hennepin county;
(f) Scott county. Prior Lake, Savage, Shakopee;
(g) Washington county. Baytown, the city of Stillwater,
White Bear Lake, Bayport, Birchwood, Cottage Grove, Dellwood,
Lake Elmo, Landfall, Mahtomedi, Newport, Oakdale, Oak Park
Heights, Pine Springs, St. Paul Park, Willernie, Woodbury.
The metropolitan council in its sole discretion may provide
transit service by contract beyond the boundaries of the
metropolitan transit taxing district or to cities and towns
within the taxing district which are receiving financial
assistance under section 174.265 473.388, upon petition therefor
by an interested city, township or political subdivision within
the metropolitan transit area. The metropolitan council may
establish such terms and conditions as it deems necessary and
advisable for providing the transit service, including such
combination of fares and direct payments by the petitioner as
will compensate the council for the full capital and operating
cost of the service and the related administrative activities of
the council. The amount of the levy made by any municipality to
pay for the service shall be disregarded when calculation of
levies subject to limitations is made, provided that cities and
towns receiving financial assistance under section 174.265
473.388 shall not make a special levy under this subdivision
without having first exhausted the available local transit funds
as defined in section 174.265 473.388. The council shall not be
obligated to extend service beyond the boundaries of the taxing
district, or to cities and towns within the taxing district
which are receiving financial assistance under section 174.265
473.388, under any law or contract unless or until payment
therefor is received.
Sec. 104. Minnesota Statutes 1994, section 473.516,
subdivision 3, is amended to read:
Subd. 3. [LOCAL RESTRICTIONS.] Counties and local units of
government may impose conditions respecting the construction,
operation, inspection, monitoring, and maintenance of a waste
facility of the council and conditions respecting the sale,
gift, delivery, storage, use, and disposal of sewage sludge of
the council on private property as a soil conditioner or
amendment, but only in the manner and only to the extent
authorized and approved by the council and the pollution control
agency as being consistent with the establishment and use of the
council's waste facilities and the disposal of the council's
sewage sludge on private property in accordance with the
council's plan, adopted under Minnesota Statutes 1992, section
473.153, and agency permits and rules. Counties may exercise
the enforcement powers granted under section 473.811,
subdivision 5c, in the manner and to the extent authorized and
approved in accordance with this subdivision.
Sec. 105. Minnesota Statutes 1994, section 473.545, is
amended to read:
473.545 [PROPERTY EXEMPT FROM TAXATION.]
Any properties, real or personal, owned, leased,
controlled, used, or occupied by the council for any purpose
referred to in Minnesota Statutes 1984, section 473.502, are
declared to be acquired, owned, leased, controlled, used and
occupied for public, governmental, and municipal purposes, and
shall be exempt from taxation by the state or any political
subdivision of the state, provided that such properties shall be
subject to special assessments levied by a political subdivision
for a local improvement in amounts proportionate to and not
exceeding the special benefit received by the properties from
such improvement. No possible use of any such properties in any
manner different from their use as part of the metropolitan
disposal system at the time shall be considered in determining
the special benefit received by such properties. All such
assessments shall be subject to final confirmation by the
metropolitan council, whose determination of the benefits shall
be conclusive upon the political subdivision levying the
assessment.
Sec. 106. [REPEALER.]
Minnesota Statutes 1994, section 473.604, subdivision 7, is
repealed.
Sec. 107. Minnesota Statutes 1994, section 473.639, is
amended to read:
473.639 [RELATION TO AIRPORT HAZARD ZONING.]
Sections 473.636 and 473.637 and any criteria, guidelines,
or land use and development control measure approved by the
council under those sections in no way supersede or limit the
powers conferred on a municipality to do airport hazard zoning,
or the commissioner of transportation by sections 360.061 to
360.073. Any criteria, guidelines, or land use and development
control measure approved by the council under section 473.636 or
473.637 must be consistent with any exercise of powers by the
commissioner under sections 360.061 to 360.093 360.073.
Sec. 108. [REPEALER.]
Minnesota Statutes 1994, section 473.704, subdivision 6, is
repealed.
Sec. 109. Minnesota Statutes 1995 Supplement, section
474.191, is amended to read:
474.191 [CARRYFORWARD ALLOCATION OF 1984 ISSUANCE
AUTHORITY.]
The department of energy and economic development shall
allocate any amount of the state private activity bond issuance
authority for calendar year 1984 pursuant to a federal
limitation act which is not used on or before December 31, 1984,
by any issuer or allocated to a project eligible for
carryforward treatment pursuant to Laws 1984, chapter 582, to
issuers for projects which qualify for carryforward treatment of
private activity bond issuance authority under a federal
limitation act and regulations thereunder. An issuer which
desires an allocation pursuant to this section must submit an
application to the department on or before the last date on
which an election may be filed to carry forward unused private
activity bond issuance authority pursuant to a federal
limitation act and regulations thereunder. The application must
contain the following information:
(1) the name and address of the issuer;
(2) a description of the project for which an allocation of
private activity bond issuance authority is requested (the
higher education services office may satisfy the requirements of
this clause by stating that the bond proceeds are intended to be
used for student loans);
(3) the amount of bond issuance authority requested; and
(4) a certification of the issuer that the project to which
the application relates qualifies for carryforward treatment of
allocated 1984 private activity bond issuance authority
according to the terms of a federal limitation act and
regulations thereunder.
Applications submitted pursuant to this section need not be
accompanied by an application deposit or preliminary
resolution. The department shall award allocations of 1984
private activity bond issuance authority to applications in the
order in which applications are received by the department. The
department shall return the application deposits made by
applicants for a carryover allocation pursuant to section
474.19, subdivision 7. The amount necessary to pay the refund
of application deposits is appropriated to the department of
energy and economic development from the general fund. The
department shall not award any allocation of 1984 private
activity bond issuance authority pursuant to this section to any
application which does not comply with clause (4).
For purposes of this section, "issuer" means a local issuer
or the higher education services office.
Sec. 110. Minnesota Statutes 1994, section 480A.06,
subdivision 3, is amended to read:
Subd. 3. [CERTIORARI REVIEW.] The court of appeals shall
have jurisdiction to issue writs of certiorari to all agencies,
public corporations and public officials, except the tax court
and the workers' compensation court of appeals. The court of
appeals shall have jurisdiction to review decisions of the
commissioner of economic security, pursuant to section
268.10 268.105.
Sec. 111. Minnesota Statutes 1994, section 524.3-101, is
amended to read:
524.3-101 [DEVOLUTION OF ESTATE AT DEATH; RESTRICTIONS.]
The power of a person to leave property by will, and the
rights of creditors, devisees, and heirs to the person's
property are subject to the restrictions and limitations
contained in chapters 524 and 525 to facilitate the prompt
settlement of estates. Upon death, a person's real and personal
property devolves to the persons to whom it is devised by last
will or to those indicated as substitutes for them in cases
involving lapse, disclaimer, renunciation, or other
circumstances affecting the devolution of testate estates, or in
the absence of testamentary disposition, to the decedent's
heirs, or to those indicated as substitutes for them in cases
involving disclaimer, renunciation or other circumstances
affecting devolution of intestate estates, subject to the
provisions of sections 525.14 and 525.145 524.2-402, the
allowances provided for by section 525.15 sections 524.2-403 and
524.2-404, to the rights of creditors, elective share of the
surviving spouse, and to administration.
Sec. 112. Minnesota Statutes 1994, section 524.3-108, is
amended to read:
524.3-108 [PROBATE, TESTACY AND APPOINTMENT PROCEEDINGS;
ULTIMATE TIME LIMIT.]
No informal probate or appointment proceeding or formal
testacy or appointment proceeding, other than a proceeding to
probate a will previously probated at the testator's domicile
and appointment proceedings relating to an estate in which there
has been a prior appointment, may be commenced more than three
years after the decedent's death, except (1) if a previous
proceeding was dismissed because of doubt about the fact of the
decedent's death, appropriate probate, appointment or testacy
proceedings may be maintained at any time thereafter upon a
finding that the decedent's death occurred prior to the
initiation of the previous proceeding and the applicant or
petitioner has not delayed unduly in initiating the subsequent
proceeding; (2) appropriate probate, appointment or testacy
proceedings may be maintained in relation to the estate of an
absentee, or disappeared or missing person, at any time within
three years after the death of the absentee or disappeared or
missing person is established; and (3) a proceeding to contest
an informally probated will and to secure appointment of the
person with legal priority for appointment in the event the
contest is successful, may be commenced within the later of 12
months from the informal probate or three years from the
decedent's death. These limitations do not apply to proceedings
to construe probated wills, determine heirs of an intestate, or
proceedings to determine descent. In cases under (1) or (2)
above, the date on which a testacy or appointment proceeding is
properly commenced shall be deemed to be the date of the
decedent's death for purposes of other limitations provisions of
this chapter which relate to the date of death. Nothing herein
contained prohibits the formal appointment of a special
administrator at any time for the purposes of reducing assets to
possession, administering the same under direction of the court,
or making distribution of any residue to the heirs or
distributees determined to be entitled thereto pursuant to a
descent proceeding under section 525.31 or an exempt summary
proceeding under section 525.51 524.3-1203, even though the
three year period above referred to has expired.
Sec. 113. Minnesota Statutes 1994, section 524.3-901, is
amended to read:
524.3-901 [SUCCESSORS' RIGHTS IF NO ADMINISTRATION.]
In the absence of administration, the heirs and devisees
are entitled to the estate in accordance with the terms of a
probated will or the laws of intestate succession. Devisees may
establish title by the probated will to devised property.
Persons entitled to property pursuant to sections 524.2-402,
524.2-403, 525.14, 525.145, 525.15 or intestacy may establish
title thereto by proof of the decedent's ownership and death,
and their relationship to the decedent. Successors take subject
to all charges incident to administration, including the claims
of creditors and allowances of surviving spouse and dependent
children, and subject to the rights of others resulting from
abatement, retainer, advancement, and ademption.
Sec. 114. Minnesota Statutes 1994, section 524.3-1204, is
amended to read:
524.3-1204 [SMALL ESTATES; CLOSING BY SWORN STATEMENT OF
PERSONAL REPRESENTATIVE.]
(a) Unless prohibited by order of the court and except for
estates being administered by supervised personal
representatives, a personal representative may close an estate
administered under the summary procedures of section 524.3-1203
by filing with the court, at any time after disbursement and
distribution of the estate, a statement stating that:
(1) to the best knowledge of the personal representative,
the entire estate, less liens and encumbrances, did not exceed
an exempt homestead as provided for in section 525.145
524.2-402, the allowances provided for in section 525.15
sections 524.2-403 and 524.2-404, costs and expenses of
administration, reasonable funeral expenses, and reasonable,
necessary medical and hospital expenses of the last illness of
the decedent;
(2) the personal representative has fully administered the
estate by disbursing and distributing it to the persons entitled
thereto; and
(3) the personal representative has sent a copy of the
closing statement to all distributees of the estate and to all
creditors or other known claimants whose claims are neither paid
nor barred and has furnished a full account in writing of the
personal representative's administration to the distributees
whose interests are affected.
(b) If no actions or proceedings involving the personal
representative are pending in the court one year after the
closing statement is filed, the appointment of the personal
representative terminates.
(c) A closing statement filed under this section has the
same effect as one filed under section 524.3-1003.
Sec. 115. Minnesota Statutes 1995 Supplement, section
525.6197, is amended to read:
525.6197 [Discharge of guardian or conservator; property of
a minor.]
When a minor receives or is entitled to personal property,
the court may order a guardian or conservator to make payment of
up to $2,000 of the property to the parent or parents,
custodian, or the person, corporation, or institution with whom
the minor child is, for the benefit, support, maintenance, and
education of the minor or may direct the investment of the whole
or any part of that amount in a savings account, savings
certificate, or certificate of deposit in a bank, savings
bank, or savings association, or savings and loan association
having deposit insurance, in the name of the minor. When so
invested the savings account passbook, savings certificate,
certificate of deposit, or other acknowledgment of receipt of
the deposit by the depository is to be kept as provided by the
court. The depository shall be instructed not to allow the
investment to be withdrawn, except by order of the court. The
court may authorize the use of any part or all of that amount to
purchase United States government savings bonds in the minor's
name. The bonds shall be kept as provided by the court and
retained until the minor reaches majority unless otherwise
authorized by an order of the court.
Sec. 116. Minnesota Statutes 1994, section 525.712, is
amended to read:
525.712 [REQUISITES.]
The appeal may be taken by any person aggrieved within 30
days after service of notice of the filing of the order,
judgment, or decree appealed from, or if no notice be served,
within six months after the filing of the order, judgment, or
decree. Except as provided in this section, the appeal shall be
perfected and determined upon the record as provided in sections
484.63 and the rules of appellate procedure.
Sec. 117. Minnesota Statutes 1994, section 550.15, is
amended to read:
550.15 [CERTIFICATE TO BE FURNISHED OFFICER.]
When the officer, with a writ of attachment or an execution
against the defendant, applies to any person mentioned in
section 550.14 550.135 for the purpose of attaching or levying
upon property mentioned therein, such person shall furnish the
officer with a certificate showing the description and amount of
the property of the judgment debtor held by such person or
corporation, the number of rights or shares of such debtor in
the stock of the corporation, with any dividend thereon, or the
debt owing to the judgment debtor, with any encumbrance upon the
property; and, on refusal so to do, such person may be required
by the court to attend before it and be examined on oath
concerning the same.
Sec. 118. [REPEALER.]
Laws 1995, chapter 259, article 3, section 7, subdivision
2, is repealed.
Sec. 119. Minnesota Statutes 1995 Supplement, section
609.101, subdivision 2, is amended to read:
Subd. 2. [MINIMUM FINES.] Notwithstanding any other law,
when a court sentences a person convicted of violating section
609.221, 609.222, 609.223, 609.2231, 609.224, 609.2242, 609.267,
609.2671, 609.2672, 609.342, 609.343, 609.344, or 609.345, it
must impose a fine of not less than 30 percent of the maximum
fine authorized by law nor more than the maximum fine authorized
by law.
The court shall collect the portion of the fine mandated by
this subdivision and forward 70 percent of it to a local victim
assistance program that provides services locally in the county
in which the crime was committed. The court shall forward the
remaining 30 percent to the commissioner of finance to be
credited to the general fund. If more than one victim
assistance program serves the county in which the crime was
committed, the court may designate on a case-by-case basis which
program will receive the fine proceeds, giving consideration to
the nature of the crime committed, the types of victims served
by the program, and the funding needs of the program. If no
victim assistance program serves that county, the court shall
forward 100 percent of the fine proceeds to the commissioner of
finance to be credited to the general fund. Fine proceeds
received by a local victim assistance program must be used to
provide direct services to crime victims.
The minimum fine required by this subdivision is in
addition to the surcharge or assessment required by subdivision
1 and is in addition to any sentence of imprisonment or
restitution imposed or ordered by the court.
As used in this subdivision, "victim assistance program"
means victim witness programs within county attorney offices or
any of the following programs: crime victim crisis centers,
victim-witness programs, battered women shelters and nonshelter
programs, and sexual assault programs.
Sec. 120. Minnesota Statutes 1995 Supplement, section
609.485, subdivision 2, is amended to read:
Subd. 2. [ACTS PROHIBITED.] Whoever does any of the
following may be sentenced as provided in subdivision 4:
(1) escapes while held in lawful custody on a charge or
conviction of a crime, or while held in lawful custody on an
allegation or adjudication of a delinquent act while 18 years of
age;
(2) transfers to another, who is in lawful custody on a
charge or conviction of a crime, or introduces into an
institution in which the latter is confined, anything usable in
making such escape, with intent that it shall be so used;
(3) having another in lawful custody on a charge or
conviction of a crime, intentionally permits the other to
escape;
(4) escapes while in a facility designated under section
253B.18, subdivision 1, pursuant to a court commitment order
after a finding of not guilty by reason of mental illness or
mental deficiency of a crime against the person, as defined in
section 253B.02, subdivision 4a. Notwithstanding section
609.17, no person may be charged with or convicted of an attempt
to commit a violation of this clause; or
(5) escapes while in a facility designated under section
253B.18, subdivision 1, pursuant to a court commitment order
under section 253B.185 or Minnesota Statutes 1992, section
526.10.
For purposes of clause (1), "escapes while held in lawful
custody" includes absconding from electronic monitoring or
absconding after removing an electronic monitoring device from
the person's body.
Sec. 121. Minnesota Statutes 1995 Supplement, section
609.485, subdivision 4, is amended to read:
Subd. 4. [SENTENCE.] (a) Except as otherwise provided in
subdivision 3a, whoever violates this section may be sentenced
as follows:
(1) if the person who escapes is in lawful custody on a
charge or conviction of a felony, to imprisonment for not more
than five years or to payment of a fine of not more than
$10,000, or both;
(2) if the person who escapes is in lawful custody after a
finding of not guilty by reason of mental illness or mental
deficiency of a crime against the person, as defined in section
253B.02, subdivision 4a, or pursuant to a court commitment order
under section 253B.185 or Minnesota Statutes 1992, section
526.10, to imprisonment for not more than one year and one day
or to payment of a fine of not more than $3,000, or both; or
(3) if such charge or conviction is for a gross misdemeanor
or misdemeanor, or if the person who escapes is in lawful
custody on an allegation or adjudication of a delinquent act
while 18 years of age, to imprisonment for not more than one
year or to payment of a fine of not more than $3,000, or both.
(b) If the escape was a violation of subdivision 2, clause
(1), (2), or (3), and was effected by violence or threat of
violence against a person, the sentence may be increased to not
more than twice those permitted in paragraph (a), clauses (1)
and (3).
(c) Unless a concurrent term is specified by the court, a
sentence under this section shall be consecutive to any sentence
previously imposed or which may be imposed for any crime or
offense for which the person was in custody when the person
escaped.
(d) Notwithstanding paragraph (c), if a person who was
committed to the commissioner of corrections under section
260.185 escapes from the custody of the commissioner while 18
years of age, the person's sentence under this section shall
commence on the person's 19th birthday or on the person's date
of discharge by the commissioner of corrections, whichever
occurs first. However, if the person described in this clause
is convicted under this section after becoming 19 years old and
after having been discharged by the commissioner, the person's
sentence shall commence upon imposition by the sentencing court.
(e) Notwithstanding paragraph (c), if a person who is in
lawful custody on an allegation or adjudication of a delinquent
act while 18 years of age escapes from a local juvenile
correctional facility, the person's sentence under this section
begins on the person's 19th birthday or on the person's date of
discharge from the jurisdiction of the juvenile court, whichever
occurs first. However, if the person described in this
paragraph is convicted after becoming 19 years old and after
discharge from the jurisdiction of the juvenile court, the
person's sentence begins upon imposition by the sentencing court.
Sec. 122. Minnesota Statutes 1994, section 624.7132,
subdivision 8, is amended to read:
Subd. 8. [REPORT NOT REQUIRED.] If the proposed transferee
presents a valid transferee permit issued under section 624.7131
or a valid permit to carry issued under section 624.714, or if
the transferee is a licensed peace officer, as defined in
section 626.84, subdivision 1 the transferor need not file a
transfer report.
Sec. 123. Minnesota Statutes 1994, section 626A.13,
subdivision 4, is amended to read:
Subd. 4. [DEFENSE.] A good faith reliance on:
(1) a court warrant or order, a grand jury subpoena, a
legislative authorization, or a statutory authorization;
(2) a request of an investigative or law enforcement
officer under United States Code, title 18, section 2518(7); or
(3) a good faith determination that section 626A.02,
subdivision 3, permitted the conduct complained of;
is a complete defense against any civil or criminal action
brought under sections 626A.01 to 626A.23 this chapter or any
other law.
Sec. 124. Minnesota Statutes 1994, section 629.68, is
amended to read:
629.68 [PROHIBITING SURETIES TO MAKE FALSE STATEMENTS IN
AFFIDAVITS; PENALTY.]
A person who willfully and knowingly makes a false
statement in an affidavit made under sections section 629.67 to
629.69, is guilty of perjury under section 609.48.
Sec. 125. [REPEALER.]
Laws 1991, chapter 354, article 6, section 7, subdivisions
2 and 3, are repealed.
Sec. 126. Laws 1995, chapter 159, section 1, is amended to
read:
Section 1. [PRIVATE SALE OF TAX-FORFEITED LAND; DAKOTA
COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45,
103F.535, and 282.018, subdivision 1, paragraph (a), and the
public sale provisions of Minnesota Statutes, chapter 282,
Dakota county may convey to the city of Eagan, without
consideration, the lands bordering public waters that are
described in paragraph (c), under the remaining provisions of
Minnesota Statutes, chapter 282.
(b) The conveyance must be in a form approved by the
attorney general. The conveyance must provide that, except as
provided in section 2, the land reverts to the state if it is
not used for public park or open space purposes.
(c) The lands that may be conveyed are located in Dakota
county, are designated by the Dakota county parcel number
contained within the parentheses, and are described as:
(1) (Parcel No. 10-01100-011-75) as:
That part of the East Half of the East Half of the
Southeast Quarter of Section 11, Township 27 North, Range 23
West, described as follows:
Commencing at the southeast corner of said Section 11;
thence North 0 degrees 04 minutes 54 seconds East assumed
bearing, along the east line of the Southeast Quarter of said
Section 11, 878.96 feet to the northeast corner of OUTLOT I,
GOPHER INDUSTRIAL PARK 2ND ADDITION, record plat and the point
of beginning of the tract to be described; thence North 89
degrees 37 minutes 34 seconds West along the north line of said
OUTLOT I 660.45 feet to the easterly line of EAGANDALE CENTER
INDUSTRIAL PARK NO. 4, record plat; thence North 0 degrees 07
minutes 28 seconds East along the easterly line of said
EAGANDALE CENTER INDUSTRIAL PARK NO. 4 1406.80 feet to the
southerly line of BORCHERT-INGERSOLL, INC. 1ST ADDITION, record
plat; thence North 76 degrees 29 minutes 44 seconds East along
the southerly line of said BORCHERT-INGERSOLL, INC. 1ST ADDITION
678.38 feet to the east line of the Southeast Quarter of said
Section 11; thence South 0 degrees 04 minutes 54 seconds West
along the east line of said Southeast Quarter 1569.53 feet to
the point of beginning.
Containing 22.54 acres, more or less, subject to a city
drainage and utility easement.
(2) (Parcel No. 10-01200-011-50) as:
That part of the West Half of the Southwest Quarter of
Section 12, Township 27 North, Range 23 West, described as
follows:
Commencing at the southwest corner or of said Section 12;
thence North 0 degrees 04 minutes 54 seconds East assumed
bearing, along the west line of the Southwest Quarter of said
Section 12, 878.47 feet to the northwest corner of OUTLOT H,
GOPHER EAGAN INDUSTRIAL PARK 2ND ADDITION, record plat and the
point of beginning of the tract to be described; thence North 89
degrees 55 minutes 06 seconds East along the north line of
OUTLOT H and OUTLOT G, of said GOPHER EAGAN INDUSTRIAL PARK 2ND
ADDITION 1321.39 feet to the east line of the West Half of the
Southwest Quarter of said Section 12; thence North 0 degrees 02
minutes 16 seconds West along the east line of the West half of
said Southwest Quarter 1128.04 feet to the westerly right of way
line of the Soo Line Railroad (formerly the Chicago Milwaukee,
St. Paul and Pacific Railroad); thence North 37 degrees 55
minutes 59 seconds West along said westerly railroad right of
way 804.77 feet to the north line of the West Half of the
Southwest Quarter of said Section 12; thence South 89 degrees 56
minutes 35 seconds West along the north line of said West Half
of the Southwest Quarter 13.20 feet to the southerly line of
BORCHERT-INGERSOLL, INC. 1ST ADDITION, record plat; thence South
76 degrees 29 minutes 44 seconds West along the southerly line
of said BORCHERT-INGERSOLL, INC. 1ST ADDITION 833.52 feet to the
west line of the Southwest Quarter of said Section 12; thence
South 0 degrees 04 minutes 54 seconds West along the west line
of said Southwest Quarter 1570.02 feet to the point of beginning.
Containing 48.02 acres, more or less, subject to a city
drainage and utility easement.
Sec. 127. [REPEALER.]
Laws 1995, chapter 186, section 38, is repealed.
Sec. 128. [REPEALER.]
Laws 1995, chapter 186, section 78, is repealed.
Sec. 129. Laws 1995, chapter 202, article 4, section 24,
is amended to read:
Sec. 24. [SUNSET.]
Sections 5, 20, and 21 expire May 31, 1997. The amendments
made to Minnesota Statutes, section 47.52, by section 5 expire
May 31, 1997.
Sec. 130. Laws 1995, chapter 212, article 4, section 65,
is amended to read:
Sec. 65. [REPEALER.]
Minnesota Statutes 1994, sections 15.38, subdivision 4;
136.01; 136.02; 136.03; 136.031; 136.036; 136.045; 136.065;
136.07; 136.09; 136.10; 136.11; 136.111; 136.12; 136.13; 136.14;
136.141; 136.142; 136.143; 136.144; 136.145; 136.146; 136.147;
136.17; 136.171; 136.172; 136.18; 136.19; 136.20; 136.21;
136.22; 136.232; 136.24; 136.25; 136.261; 136.27; 136.31;
136.311; 136.32; 136.33; 136.34; 136.35; 136.36; 136.37; 136.38;
136.40; 136.41; 136.42; 136.43; 136.44; 136.45; 136.46; 136.47;
136.48; 136.49; 136.50; 136.501; 136.502; 136.503; 136.504;
136.505; 136.506; 136.507; 136.55; 136.56; 136.57; 136.58;
136.60; 136.6011; 136.602; 136.603; 136.61; 136.62; 136.621;
136.622; 136.63; 136.65; 136.651; 136.653; 136.67; 136.70;
136.71; 136.72; 136.88; 136.90; 136C.01; 136C.02; 136C.03;
136C.04; 136C.041; 136C.042; 136C.043; 136C.044; 136C.05;
136C.06; 136C.07; 136C.075; 136C.08; 136C.13; 136C.15; 136C.17;
136C.31; 136C.34; 136C.41; 136C.411; 136C.43; 136C.44; 136C.50;
136C.51; 136C.60; 136C.61; 136C.62; 136C.63; 136C.64; 136C.65;
136C.66; 136C.67; 136C.68; 136C.69; 136C.70; 136C.71; 136C.75;
136E.04, subdivisions 2, 3, 4, 5, 6, and 7; 136E.395; and
136E.692, subdivision 4, are repealed.
Sec. 131. [REVIVAL OF STATUTES.]
Notwithstanding Minnesota Statutes, section 645.36,
Minnesota Statutes, sections 136.31, 136.32, 136.33, 136.34,
136.35, 136.36, 136.37, 136.38, and 136.41, are revived
retroactive to the date the repeal was effective.
Sec. 132. [EFFECTIVE DATE.]
Sections 130 to 131 are effective the day following final
enactment.
Sec. 133. [REPEALER.]
Laws 1995, chapter 224, sections 117, 118, 119, 120, and
121, are repealed.
Sec. 134. [REPEALER.]
Laws 1995, chapter 234, article 3, section 3, is repealed.
Sec. 135. [REPEALER.]
Laws 1995, chapter 247, article 1, section 44, is repealed.
Sec. 136. [REPEALER.]
Laws 1995, chapter 248, article 10, section 15, is repealed.
Sec. 137. Laws 1995, First Special Session chapter 3,
article 8, section 25, subdivision 6, is amended to read:
Subd. 6. [SCHOOL BREAKFAST.] To operate the school
breakfast program:
$419,000 ..... 1996
$456,000 ..... 1997
If the appropriation amount attributable to either year is
insufficient, the rate of payment for each fully paid student
breakfast shall be reduced and the aid for that year shall be
prorated among participating schools so as not to exceed the
total authorized appropriation for that year. Any unexpected
unexpended balance remaining shall be used to subsidize the
payments made for school lunch aid per Minnesota Statutes,
section 124.646.
Up to one percent of the program funding can be used by the
department of education for technical and administrative
assistance.
Sec. 138. [REVISOR'S INSTRUCTION.]
In the next and subsequent editions of Minnesota Statutes,
the revisor shall change the terms "educational cooperative
service unit" and similar terms to "service cooperative" and
similar terms and "ECSU" to "SC."
Sec. 139. [REVISOR'S INSTRUCTION.]
In each section of Minnesota Statutes referred to in column
A, the revisor of statutes shall delete the reference in column
B and insert the reference in column C.
Column A Column B Column C
8.31, subd. 1 325D.08 325D.07
16B.43, subd. 2 121.936 121.935
62D.01, subd. 1 62D.29 62D.24
136D.75 136D.77 136D.76
136D.76, subd. 2 136D.77 136D.76
354B.20, subd. 10 352.73 352.72
ARTICLE 2
ADMINISTRATIVE PROCEDURE ACT
Section 1. Minnesota Statutes 1994, section 14.47,
subdivision 1, is amended to read:
Subdivision 1. [PLAN OF PUBLICATION AND SUPPLEMENTATION.]
The revisor of statutes shall:
(1) formulate a plan for the compilation of all permanent
agency rules and, to the extent practicable, emergency agency
other rules, adopted pursuant to the administrative procedure
act or filed pursuant to the provisions of section 14.38,
subdivisions 5 to 9 which were in effect at the time the rules
were filed or subdivision 11, including their order,
classification, arrangement, form, and indexing, and any
appropriate tables, annotations, cross references, citations to
applicable statutes, explanatory notes, and other appropriate
material to facilitate use of the rules by the public, and for
the compilation's composition, printing, binding and
distribution;
(2) publish the compilation of permanent agency rules and,
if practicable, emergency other rules, adopted pursuant to the
administrative procedure act or filed pursuant to the provisions
of section 14.38, subdivisions 5 to 9 which were in effect at
the time the rules were filed or subdivision 11, which shall be
called "Minnesota Rules";
(3) periodically either publish a supplement or a new
compilation, which includes all rules adopted since the last
supplement or compilation was published and removes rules
incorporated in prior compilations or supplements which are no
longer effective;
(4) include in Minnesota Rules a consolidated list of
publications and other documents incorporated by reference into
the rules after June 30, 1981, and found conveniently available
by the revisor under section 14.07, subdivision 4, indicating
where the publications or documents are conveniently available
to the public; and
(5) copyright any compilations and or supplements in the
name of the state of Minnesota.
Sec. 2. Minnesota Statutes 1994, section 18B.39, is
amended to read:
18B.39 [EXISTING RULES.]
Rules of the commissioner of agriculture in effect on July
1, 1987, relating to the distribution, use, storage, handling,
and disposal of pesticides, rinsates, and pesticide containers
remain in effect until they are superseded by new rules. The
commissioner may adopt emergency rules to implement Laws 1987,
chapter 358, until December 31, 1987.
Sec. 3. Minnesota Statutes 1994, section 18E.05,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP.] (a) The agricultural chemical
response compensation board is created to consist of the
commissioner of agriculture, the commissioner of commerce, and
three private industry members consisting of: one
representative of agricultural chemical manufacturers and
wholesalers; one representative of farmers; and one
representative of dealers who sell the agricultural chemicals at
retail. The governor shall appoint the private industry members.
Appointment, vacancies, removal, terms, and payment of
compensation and expenses of members, but not expiration of the
board itself, are governed by section 15.0575.
(b) The commissioner of agriculture shall provide staff to
support the activities of the board.
(c) The board shall adopt rules regarding its practices and
procedures, the application form and procedures for determining
eligibility for and the amount of reimbursement, and procedures
for investigation of claims. The board may adopt emergency
rules under this subdivision for one year from the effective
date of Laws 1989, chapter 326, article 8.
Sec. 4. Minnesota Statutes 1994, section 32.417, is
amended to read:
32.417 [INVESTMENT REIMBURSEMENTS TO MANUFACTURED MILK
PRODUCERS.]
An operator of a dairy farm that produces milk for sale in
cans may apply for a reimbursement in the amount of $100 for the
first $500 or fraction thereof, and ten percent of the next
$2,000, of the net expenditures by the operator for any capital
improvements or equipment installed primarily for the purpose of
conforming to the standards adopted in section 32.415. No
reimbursement may be made to an applicant unless:
(a) the applicant provides receipts for the expenditures;
(b) a dairy inspector authorized by the commissioner
certifies that the applicant's dairy operation complies with the
standards adopted in section 32.415 as a result of the
installation of the improvements or equipment; and
(c) the expenditures for the improvements and equipment
were made on or after June 2, 1983, but before July 1, 1985.
The commissioner shall provide an application form for the
reimbursement program. By January 1, 1984, the commissioner
shall adopt emergency rules under sections 14.29 to 14.36 which
provide reimbursement application and payment procedures, and
eligibility criteria based on an applicant's need for a
reimbursement. Notwithstanding the provisions of section 14.35,
the rules shall be effective until July 1, 1985. No
reimbursement application may be approved after June 30, 1985.
Sec. 5. Minnesota Statutes 1994, section 41A.04,
subdivision 4, is amended to read:
Subd. 4. [RULEMAKING AUTHORITY.] In order to effectuate
the purposes of sections 41A.01 to 41A.066, the board shall
adopt rules which are subject to the provisions of chapter
14. The board may adopt emergency rules and permanent rules.
Sec. 6. Minnesota Statutes 1995 Supplement, section
41A.066, subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY TO MAKE LOANS.] The Minnesota
agricultural and economic development board may make, purchase,
or participate in making or purchasing hazardous waste
processing facility loans in any amount, and may enter into
commitments therefor. A private person proposing to develop and
operate a hazardous waste processing facility is eligible to
apply for a loan under this subdivision. Applications must be
made to the Minnesota agricultural and economic development
board. The Minnesota agricultural and economic development
board shall approve the application and make the loan if money
is available for it and if the Minnesota agricultural and
economic development board finds that:
(1) development and operation of the facility as proposed
by the applicant is economically feasible;
(2) there is a reasonable expectation that the principal
and interest on the loan will be fully repaid; and
(3) the facility is unlikely to be developed and operated
without a loan from the Minnesota agricultural and economic
development board.
The Minnesota agricultural and economic development board
and the office of waste management shall establish coordinated
procedures for loan application, certification, and approval.
The Minnesota agricultural and economic development board
may use the Minnesota agricultural and economic development
account to provide financial assistance to any person whose
hazardous waste processing facility loan application has been
certified by the office of environmental assistance and approved
by the Minnesota agricultural and economic development board,
and for this purpose may exercise the powers granted in
Minnesota Statutes 1986, section 116M.06, subdivision 2, with
respect to any loans made or bonds issued under this subdivision
regardless of whether the applicant is an eligible small
business.
The Minnesota agricultural and economic development board
may issue bonds and notes in the aggregate principal amount of
$10,000,000 for the purpose of making, purchasing, or
participating in making or purchasing hazardous waste processing
facility loans.
The Minnesota agricultural and economic development board
may adopt emergency rules under sections 14.29 to 14.36 to
implement the loan program under this subdivision. Emergency
rules adopted by the Minnesota agricultural and economic
development board remain in effect for 360 days or until
permanent rules are adopted, whichever occurs first.
Sec. 7. Minnesota Statutes 1994, section 62E.09, is
amended to read:
62E.09 [DUTIES OF COMMISSIONER.]
The commissioner may:
(a) Formulate general policies to advance the purposes of
sections 62E.01 to 62E.16;
(b) Supervise the creation of the Minnesota comprehensive
health association within the limits described in section
62E.10;
(c) Approve the selection of the writing carrier by the
association, approve the association's contract with the writing
carrier, and approve the state plan coverage;
(d) Appoint advisory committees;
(e) Conduct periodic audits to assure the general accuracy
of the financial data submitted by the writing carrier and the
association;
(f) Contract with the federal government or any other unit
of government to ensure coordination of the state plan with
other governmental assistance programs;
(g) Undertake directly or through contracts with other
persons studies or demonstration programs to develop awareness
of the benefits of sections 62E.01 to 62E.16, so that the
residents of this state may best avail themselves of the health
care benefits provided by these sections;
(h) Contract with insurers and others for administrative
services; and
(i) Adopt, amend, suspend and repeal rules as reasonably
necessary to carry out and make effective the provisions and
purposes of sections 62E.01 to 62E.16. The commissioner may
until December 31, 1978 adopt emergency rules.
Sec. 8. Minnesota Statutes 1994, section 72C.07,
subdivision 1, is amended to read:
Subdivision 1. All insurance policies covered by section
72C.11 shall be printed in legible type and in a type face style
approved by the commissioner. The commissioner shall by
emergency rule establish a list of type face styles approved as
acceptable not later than January 1, 1978.
Sec. 9. Minnesota Statutes 1994, section 83.23,
subdivision 2, is amended to read:
Subd. 2. [NOTIFICATION.] Unless the method of offer or
sale is adopted for the purpose of evasion of sections 83.20 to
83.42, 83.43 and 83.44, subdivided lands may be registered by
notification provided that all of the following requirements
have been met:
(a) the subdivision consists of not more than 100 separate
lots, units, parcels, or interests;
(b) at least 20 days prior to any offer pursuant to this
subdivision, the subdivider must supply the commissioner, on
forms which the commissioner may by rule prescribe, at least the
following information:
(1) the name and address of the subdivider and the form and
date of its organization if other than an individual;
(2) the location and legal description of the subdivision
and the total number of lots, parcels, units, or interests;
(3) either a title opinion prepared and signed by an
attorney licensed to practice law in the state wherein the
subdivided land is situated; or a certificate of title insurance
or its equivalent acceptable to the commissioner;
(4) a copy of each instrument which will be delivered to a
purchaser to evidence the purchaser's interest in the subdivided
lands and a copy of each contract or other agreement which a
purchaser will be required to agree to or sign, together with
the range of selling prices, rates, or rentals at which it is
proposed to offer the lots, units, parcels, or interests in the
subdivision, a list of fees the purchaser may be required to pay
for amenities or membership in groups including, but not limited
to, homeowners' associations, country clubs, golf courses, and
other community organizations; and
(5) a copy of a signed and approved plat map or its
equivalent;
(c) a filing fee of $150 has been paid;
(d) the subdivider is in compliance with the service of
process provisions of section 83.39.
The commissioner may by rule or order withdraw or further
condition registration by notification or increase or decrease
the number of lots, units, parcels, or interests in subdivided
lands permitted for registration by notification. If no stop
order is in effect, no proceeding is pending, and no order has
been issued under subdivision 4, a registration statement under
this section automatically becomes effective at 5:00 in the
afternoon on the 20th full business day after the filing of the
registration statement or the last amendment, or at such earlier
time as the commissioner by order determines.
The rulemaking authority in this subdivision does not
include emergency rulemaking authority pursuant to chapter 14.
Sec. 10. Minnesota Statutes 1994, section 83.23,
subdivision 3, is amended to read:
Subd. 3. [QUALIFICATION.] Subdivided lands may be
registered by qualification provided all of the following
requirements have been met:
(a) an application for registration has been filed with the
commissioner in a format which the commissioner may by rule
prescribe;
(b) the commissioner has been furnished a proposed public
offering statement complying with section 83.24;
(c) a filing fee of $400 plus an additional registration
fee of $1 for each lot, unit, parcel, or interest included in
the offering accompanies the application. The maximum combined
filing and registration fees shall in no event be more than
$3,500;
(d) the subdivider is in compliance with service of process
provisions of section 83.39;
(e) the commissioner has been furnished a financial
statement of the subdivider's most recent fiscal year, prepared
by an independent public accountant and certified by the
subdivider; and, if the fiscal year of the subdivider is more
than 180 days prior to the date of filing the application, a
financial statement, which may be unaudited, as of a date within
180 days of the date of application.
Subdivisions in which all the improvements are complete and
paid for by the developer, and for which clear title can be
given the purchaser at the closing, are exempt from providing
financial statements prepared by an independent accountant.
An application for registration under this section becomes
effective when the commissioner so orders.
The rulemaking authority in this subdivision does not
include emergency rulemaking authority pursuant to chapter 14.
Sec. 11. Minnesota Statutes 1994, section 83.24,
subdivision 3, is amended to read:
Subd. 3. [FORM.] A public offering statement shall be in a
format prescribed by rule and shall include the following:
(a) the name, principal address, and telephone number of
the subdivider and of its officers and agents in this state;
(b) a general description of the subdivided lands stating
the total number of lots, parcels, units, or interests to be
offered;
(c) a statement which discloses whether the subdivider owns
any rights or options to acquire an interest in adjacent
properties, and if so, a description of the options and the
locations and zoning status of the adjacent properties;
(d) a statement of the assistance, if any, that the
subdivider or subdivider's agent will provide to the purchaser
in the resale of the property and whether or not the subdivider
or the subdivider's agent will be in competition in the event of
resale;
(e) the material terms of any restrictions affecting the
subdivided lands and each unit or lot, including, but not
limited to, any encumbrances, easements, liens, and zoning
status; a statement of the subdivider's efforts to remove the
restrictions; and a statement of all existing taxes and existing
or proposed special taxes or assessments which affect the
subdivided lands;
(f) a statement of the use for which the property is to be
offered;
(g) information concerning existing or proposed
improvements and amenities and the completion dates thereof; and
(h) additional information as may be required at the
discretion of the commissioner to assure full and fair
disclosure to prospective purchasers.
The rulemaking authority in this subdivision does not
include emergency rulemaking authority pursuant to chapter 14.
Sec. 12. Minnesota Statutes 1994, section 83.24,
subdivision 5, is amended to read:
Subd. 5. [OTHER LAW.] Any public offering statement which
complies with the requirements of any federal law or the laws of
any other state requiring substantially the same disclosure of
information as is required by this section, may by rule or order
of the commissioner be deemed to be in full or partial
compliance with this section.
The rulemaking authority in this subdivision does not
include emergency rulemaking authority pursuant to chapter 14.
Sec. 13. Minnesota Statutes 1994, section 83.26,
subdivision 1, is amended to read:
Subdivision 1. [GENERALLY; LANDS.] Unless the method of
offer or sale is adopted for the purpose of evasion of sections
83.20 to 83.42, 83.43 and 83.44, the following subdivided lands
are exempted from sections 83.20 to 83.42:
(a) any lands offered or sold by the United States, any
state, any political subdivision of a state, or any other
corporate instrumentality of one of the above;
(b) leases of apartments, stores, offices, or similar
space;
(c) leases of rooms or space in hotels, motels, or similar
space for a period of less than three years, including renewal
options;
(d) cemetery lots or interests therein;
(e) mortgages or deeds of trust of real estate securing
evidences of indebtedness;
(f) subdivided lands which are registered as securities
pursuant to the provisions of chapter 80A; and
(g) other subdivided lands not within the intent of this
chapter which the commissioner may by rule or order exempt.
The rulemaking authority in this subdivision does not
include emergency rulemaking authority pursuant to chapter 14.
Sec. 14. Minnesota Statutes 1995 Supplement, section
83.26, subdivision 2, is amended to read:
Subd. 2. [GENERALLY; TRANSACTIONS.] Unless the method of
offer or sale is adopted for the purpose of evasion of sections
83.20 to 83.42, 83.43 and 83.44, the following transactions are
exempt from sections 83.23, 83.24, 83.25, 83.28, 83.29, and
83.30:
(a) the offer or sale of an interest in subdivided land by
an owner, other than the subdivider, acting as principal in a
single or isolated transaction;
(b) the offer or sale of all of the subdivided lands within
a subdivision in a single transaction to any person;
(c) the offer or sale of subdivided land pursuant to an
order of competent jurisdiction, other than a court of
bankruptcy;
(d) the offer or sale of subdivided land consisting of not
more than ten separate lots, units, parcels, or interests in the
aggregate;
(e) the offer or sale of subdivided lands which have been
registered under section 83.23, subdivision 2, if there are no
more than ten separate lots, units, parcels, or interests
remaining to be sold and no material change has occurred in the
information on file with the commissioner;
(f) the offer and sale of subdivided land located within
the corporate limits of a municipality as defined in section
462.352, subdivision 2, which municipality has adopted
subdivision regulations as defined in section 462.352, except
those lands described in section 83.20, subdivision 13;
(g) the offer and sale of apartments or condominium units
as defined in chapters 515 and 515A, and units in common
interest communities as defined in chapter 515B;
(h) the offer and sale of subdivided lands used primarily
for agricultural purposes provided each parcel is at least ten
acres in size;
(i) the offer or sale of improved lots if:
(1) the subdivider has filed with the commissioner, no
later than ten business days prior to the date of the first
sale, a written notice of its intention to offer or sell
improved lots, which notice shall be accompanied by a fee of
$50, together with a copy of the public offering statement
accepted by the situs state and the standard purchase agreement
which documents are required to be supplied by the subdivider to
the purchaser; and
(2) the subdivider deposits all downpayments in an escrow
account until all obligations of the subdivider to the
purchaser, which are pursuant to the terms of the purchase
agreement to be performed prior to the closing, have been
performed. The subdivider shall provide the purchaser with a
purchase receipt for the downpayment paid, a copy of the escrow
agreement and the name, address, and telephone number of the
escrow agent. The escrow agent shall be a bank located in
Minnesota. All downpayments shall be deposited in the escrow
account within two business days after receipt; and
(j) the offer of sale of subdivided lands by a subdivider
that has been granted an exemption from registration by the
federal Department of Housing and Urban Development under the
multiple site subdivision exemption, if the subdivider provides
a written notice of the offer of sale to the commissioner before
any offers or sale commence.
The written notice must include the name of the
subdivision, the county and state in which the subdivision is
located, and the number of lots in the subdivision, and a
notarized affidavit that all proposed improvements have been
completed and the costs of all the improvements have been fully
paid, or that the cost of any uncompleted road construction or
survey expenses are covered by a bond or escrow account payable
to the entities responsible for providing or completing the
roads or surveys. The escrow account must be with an
independent escrow agent.
The subdivider must also provide to the commissioner a copy
of the federal Housing and Urban Development exemption order and
the most recent annual confirmation letter which indicates that
the order is still in effect.
If the closing services are provided by the subdivider or
an affiliate of the subdivider, purchasers must manually initial
in the Housing and Urban Development Lot Information Statement
both the disclosure on all the liens, reservations, taxes,
assessments, easements, and restrictions applicable to the lot
purchased and the disclosure on the risks of not obtaining clear
title.
The commissioner may, by rule or order, suspend, revoke, or
further condition the exemptions contained in clauses (f), (g),
(h), (i), and (j), or may require such further information as
may be necessary for the protection of purchasers.
The commissioner may by rule or order suspend, revoke, or
further condition the exemptions contained in clauses (f), (g),
(h), and (i) or may require such further information as may be
necessary for the protection of purchasers.
The rulemaking authority in this subdivision does not
include emergency rulemaking authority pursuant to chapter 14.
Sec. 15. Minnesota Statutes 1994, section 83.28,
subdivision 2, is amended to read:
Subd. 2. [VOIDABLE.] Any contract or agreement for the
sale of a lot, parcel, unit, or interest in a subdivision not
exempt under section 83.26, is voidable at the discretion of the
purchaser, for a period of three years from the date of the
contract or agreement, notwithstanding the delivery of a deed to
the purchaser, if the subdivision was not registered under
sections 83.20 to 83.42, 83.43 and 83.44 at the time of the
sale, or if a current public offering statement was not given to
the purchaser in accordance with section 83.24, unless
subsequently thereto the subdivision is registered under this
chapter and in connection therewith, the purchaser has received
a written offer to repurchase the lot, parcel, unit, or interest
for cash payable on closing of the repurchase, together with
interest thereon from the date of purchase at the legal rate or
at the rate charged on any lien paid by the purchaser, whichever
is higher, less the amount of any income received from the lot,
parcel, unit, or interest, and the purchaser has failed to
accept the offer in writing within 30 days of its receipt. No
offer of repurchase shall be effective unless a duplicate copy
thereof has been filed with the commissioner at least 20 days
prior to its delivery to the offeree and the commissioner has
not objected to the offer within that time. The offer of
repurchase shall be in the form and contain the information the
commissioner by rule or order prescribes. If the purchaser no
longer owns the lot, parcel, unit, or interest, the purchaser
shall be entitled to maintain an action at law, and the damages
shall be the consideration paid for the lot, parcel, unit, or
interest together with interest thereon as specified above from
the date of acquisition to the date of disposition, plus costs
and reasonable attorney's fees, less the value received for the
lot, parcel, unit, or interest at the date of disposition.
The rulemaking authority in this subdivision does not
include emergency rulemaking authority pursuant to chapter 14.
Sec. 16. Minnesota Statutes 1994, section 83.30,
subdivision 1, is amended to read:
Subdivision 1. [FORM; DUE DATE.] During the period a
registration is effective, the subdivider shall file an annual
report in a format the commissioner may by rule prescribe. The
report must include a financial statement of the subdivider's
most recent fiscal year, prepared by an accountant and certified
by the subdivider. An audited financial statement shall not be
required. Every annual report shall be due by the 120th day
following the end of the subdivider's fiscal year, unless
extended in writing by the commissioner for good cause.
The rulemaking authority in this subdivision does not
include emergency rulemaking authority pursuant to chapter 14.
Sec. 17. Minnesota Statutes 1994, section 83.31,
subdivision 1, is amended to read:
Subdivision 1. [REPORT OF SALES.] The commissioner may by
rule or order require the subdivider or subdivider's agent to
submit reports of sales.
The rulemaking authority in this subdivision does not
include emergency rulemaking authority pursuant to chapter 14.
Sec. 18. Minnesota Statutes 1994, section 83.31,
subdivision 3, is amended to read:
Subd. 3. [RULES; FORM OF AMENDMENT.] The commissioner may
by rule define what shall be considered a material change and
prescribe the format for an application to amend. The amendment
shall become effective when ordered by the commissioner.
The rulemaking authority in this subdivision does not
include emergency rulemaking authority pursuant to chapter 14.
Sec. 19. Minnesota Statutes 1994, section 83.39,
subdivision 1, is amended to read:
Subdivision 1. [PROCEDURE.] Every applicant for
registration under sections 83.20 to 83.42, 83.43 and 83.44
shall file with the commissioner, in a format as by rule may be
prescribed, an irrevocable consent appointing the commissioner
or commissioner's successor to be the applicant's attorney to
receive service of any lawful process in any noncriminal suit,
action, or proceeding against the applicant or a successor,
executor, or administrator which arises under sections 83.20 to
83.42, 83.43 and 83.44 or any rule or order thereunder after the
consent has been filed, with the same force and validity as if
served personally on the person filing the consent. Service
under this section shall be made in compliance with section
45.028, subdivision 2.
The rulemaking authority in this subdivision does not
include emergency rulemaking authority pursuant to chapter 14.
Sec. 20. Minnesota Statutes 1995 Supplement, section
84.9691, is amended to read:
84.9691 [RULEMAKING AND PERMITS.]
Subdivision 1. [RULES.] (a) The commissioner of natural
resources may adopt emergency and permanent rules restricting
the introduction, propagation, use, possession, and spread of
ecologically harmful exotic species in the state, as outlined in
section 84.967.
(b) The commissioner shall adopt rules to identify bodies
of water with limited infestation of Eurasian water milfoil.
The areas that are infested, and where control is planned, shall
be marked and prohibited for use.
(c) A violation of a rule adopted under this section is a
misdemeanor.
Subd. 2. [PERMITS.] The commissioner may issue permits
regulating the propagation, possession, taking, or
transportation of undesirable exotic species for disposal,
research, education, or control purposes. The commissioner may
place conditions on the permit and may deny, modify, suspend, or
revoke a permit.
Sec. 21. Minnesota Statutes 1994, section 103I.101,
subdivision 5, is amended to read:
Subd. 5. [COMMISSIONER TO ADOPT RULES.] The commissioner
shall adopt rules including:
(1) issuance of licenses for:
(i) qualified well contractors, persons modifying or
repairing well casings, well screens, or well diameters;
(ii) persons constructing, repairing, and sealing
unconventional wells such as drive points or dug wells;
(iii) persons constructing, repairing, and sealing
dewatering wells;
(iv) persons sealing wells; and
(v) persons installing well pumps or pumping equipment and
excavating holes for installing elevator shafts or hydraulic
cylinders;
(2) issuance of registration for monitoring well
contractors;
(3) establishment of conditions for examination and review
of applications for license and registration;
(4) establishment of conditions for revocation and
suspension of license and registration;
(5) establishment of minimum standards for design,
location, construction, repair, and sealing of wells to
implement the purpose and intent of this chapter;
(6) establishment of a system for reporting on wells and
borings drilled and sealed;
(7) establishment of standards for the construction,
maintenance, sealing, and water quality monitoring of wells in
areas of known or suspected contamination, for which the
commissioner may adopt emergency rules;
(8) establishment of wellhead protection measures for wells
serving public water supplies;
(9) establishment of procedures to coordinate collection of
well data with other state and local governmental agencies;
(10) establishment of criteria and procedures for
submission of well logs, formation samples or well cuttings,
water samples, or other special information required for and
water resource mapping; and
(11) establishment of minimum standards for design,
location, construction, maintenance, repair, sealing, safety,
and resource conservation related to borings, including
exploratory borings as defined in section 103I.005, subdivision
9.
Until the commissioner adopts rules under this chapter to
replace rules relating to wells and borings that were adopted
under chapter 156A, the rules adopted under chapter 156A shall
remain in effect.
Sec. 22. Minnesota Statutes 1994, section 115A.156,
subdivision 3, is amended to read:
Subd. 3. [PROCEDURE FOR AWARDING GRANTS.] (a) The director
may establish procedures for awarding grants under this
section. The procedures for awarding grants shall include
consideration of the following factors:
(1) the need to provide collection, processing, or
containment for a variety of types of hazardous wastes;
(2) the extent to which the facility or service would
provide a significant amount of processing, collection, or
containment capacity for waste generated in the state, measured
by the volume of waste to be managed, the number and geographic
distribution of generators to be served, or the reduction of
risk to public health and safety and the environment achieved by
the operation of the facility or service;
(3) the availability of the facility or service to all
generators needing the service in the area to be served;
(4) the contribution of the facility or service to
achieving the policies and objectives of the hazardous waste
management plan;
(5) participation by persons with demonstrated experience
in developing, designing, or operating hazardous waste
collection, processing, or containment facilities or services;
(6) the need for assistance from the director to accomplish
the work;
(7) the extent to which a proposal would produce and
analyze new information; and
(8) other factors established by the director consistent
with the purposes of this section.
(b) The director may adopt emergency rules under sections
14.29 to 14.36 to implement the grant program. Emergency rules
adopted by the director remain in effect for 360 days or until
permanent rules are adopted, whichever occurs first.
Sec. 23. Minnesota Statutes 1994, section 115B.223,
subdivision 2, is amended to read:
Subd. 2. [RULES.] (a) The commissioner of the pollution
control agency may adopt rules regarding practices and
procedures including, but not limited to:
(1) form and procedure for loan application;
(2) terms for loans and loan repayment; and
(3) criteria for eligibility.
(b) The commissioner of the pollution control agency may
adopt emergency rules under this subdivision for one year
following July 1, 1993.
Sec. 24. Minnesota Statutes 1994, section 115C.07,
subdivision 3, is amended to read:
Subd. 3. [RULES.] (a) The board shall adopt rules
regarding its practices and procedures, the form and procedure
for applications for compensation from the fund, procedures for
investigation of claims and specifying the costs that are
eligible for reimbursement from the fund.
(b) The board may adopt emergency rules under this
subdivision for one year after June 1, 1993.
(c) The board shall adopt emergency rules on competitive
bidding that specify a bid format and an invoice format that are
consistent with each other and with an application for
reimbursement.
(d) The board shall adopt emergency rules under sections
14.29 and 14.385 to establish costs that are not eligible for
reimbursement.
(e) By January 1, 1994, the board shall publish proposed
rules establishing a fee schedule of costs or criteria for
evaluating the reasonableness of costs submitted for
reimbursement. The board shall adopt the rules by June 1, 1994.
(f) (c) The board may adopt rules requiring certification
of environmental consultants.
(g) (d) The board may adopt other rules necessary to
implement this chapter.
Sec. 25. Minnesota Statutes 1995 Supplement, section
116.07, subdivision 4, is amended to read:
Subd. 4. [RULES AND STANDARDS.] Pursuant and subject to
the provisions of chapter 14, and the provisions hereof, the
pollution control agency may adopt, amend and rescind rules and
standards having the force of law relating to any purpose within
the provisions of Laws 1967, chapter 882, for the prevention,
abatement, or control of air pollution. Any such rule or
standard may be of general application throughout the state, or
may be limited as to times, places, circumstances, or conditions
in order to make due allowance for variations therein. Without
limitation, rules or standards may relate to sources or
emissions of air contamination or air pollution, to the quality
or composition of such emissions, or to the quality of or
composition of the ambient air or outdoor atmosphere or to any
other matter relevant to the prevention, abatement, or control
of air pollution.
Pursuant and subject to the provisions of chapter 14, and
the provisions hereof, the pollution control agency may adopt,
amend, and rescind rules and standards having the force of law
relating to any purpose within the provisions of Laws 1969,
chapter 1046, for the collection, transportation, storage,
processing, and disposal of solid waste and the prevention,
abatement, or control of water, air, and land pollution which
may be related thereto, and the deposit in or on land of any
other material that may tend to cause pollution. The agency
shall adopt such rules and standards for sewage sludge,
addressing the intrinsic suitability of land, the volume and
rate of application of sewage sludge of various degrees of
intrinsic hazard, design of facilities, and operation of
facilities and sites. The agency shall promulgate emergency
rules for sewage sludge pursuant to sections 14.29 to 14.36.
Notwithstanding the provisions of sections 14.29 to 14.36, the
emergency rules shall be effective until permanent rules are
promulgated or March 1, 1982, whichever is earlier. Any such
rule or standard may be of general application throughout the
state or may be limited as to times, places, circumstances, or
conditions in order to make due allowance for variations
therein. Without limitation, rules or standards may relate to
collection, transportation, processing, disposal, equipment,
location, procedures, methods, systems or techniques or to any
other matter relevant to the prevention, abatement or control of
water, air, and land pollution which may be advised through the
control of collection, transportation, processing, and disposal
of solid waste and sewage sludge, and the deposit in or on land
of any other material that may tend to cause pollution. By
January 1, 1983, the rules for the management of sewage sludge
shall include an analysis of the sewage sludge determined by the
commissioner of agriculture to be necessary to meet the soil
amendment labeling requirements of section 18C.215.
Pursuant and subject to the provisions of chapter 14, and
the provisions hereof, the pollution control agency may adopt,
amend and rescind rules and standards having the force of law
relating to any purpose within the provisions of Laws 1971,
chapter 727, for the prevention, abatement, or control of noise
pollution. Any such rule or standard may be of general
application throughout the state, or may be limited as to times,
places, circumstances or conditions in order to make due
allowances for variations therein. Without limitation, rules or
standards may relate to sources or emissions of noise or noise
pollution, to the quality or composition of noises in the
natural environment, or to any other matter relevant to the
prevention, abatement, or control of noise pollution.
As to any matters subject to this chapter, local units of
government may set emission regulations with respect to
stationary sources which are more stringent than those set by
the pollution control agency.
Pursuant to chapter 14, the pollution control agency may
adopt, amend, and rescind rules and standards having the force
of law relating to any purpose within the provisions of this
chapter for generators of hazardous waste, the management,
identification, labeling, classification, storage, collection,
treatment, transportation, processing, and disposal of hazardous
waste and the location of hazardous waste facilities. A rule or
standard may be of general application throughout the state or
may be limited as to time, places, circumstances, or conditions.
In implementing its hazardous waste rules, the pollution control
agency shall give high priority to providing planning and
technical assistance to hazardous waste generators. The agency
shall assist generators in investigating the availability and
feasibility of both interim and long-term hazardous waste
management methods. The methods shall include waste reduction,
waste separation, waste processing, resource recovery, and
temporary storage.
The pollution control agency shall give highest priority in
the consideration of permits to authorize disposal of diseased
shade trees by open burning at designated sites to evidence
concerning economic costs of transportation and disposal of
diseased shade trees by alternative methods.
Sec. 26. Minnesota Statutes 1994, section 116J.403, is
amended to read:
116J.403 [RULES.]
No money made available to the commissioner for the small
cities community development block grant program shall be spent
for community development and related planning programs until
the commissioner adopts rules prescribing standards and
procedures to govern the expenditure. The rules must be adopted
under the administrative procedure act in chapter 14 and must
conform with all terms and conditions imposed on the
commissioner when the money is made available. The commissioner
may adopt emergency rules under sections 14.29 to 14.36 so that
the commissioner can carry out promptly the responsibilities for
administering federally funded community development grant
programs.
Sec. 27. Minnesota Statutes 1994, section 129D.14,
subdivision 5, is amended to read:
Subd. 5. [STATE COMMUNITY SERVICE BLOCK GRANTS.] (a) The
commissioner shall determine eligibility for block grants and
the allocation of block grant money on the basis of audited
financial records of the station to receive the block grant
funds for the station's fiscal year preceding the year in which
the grant is made, as well as on the basis of the other
requirements set forth in this section. The commissioner shall
annually distribute block grants equally to all stations that
comply with the eligibility requirements and for which a
licensee applies for a block grant. The commissioner may
promulgate rules to implement this section. For this purpose
the commissioner may promulgate emergency rules pursuant to
sections 14.29 to 14.36.
(b) A station may use grant money under this section for
any radio station expenses.
Sec. 28. Minnesota Statutes 1995 Supplement, section
144A.071, subdivision 2, is amended to read:
Subd. 2. [MORATORIUM.] The commissioner of health, in
coordination with the commissioner of human services, shall deny
each request for new licensed or certified nursing home or
certified boarding care beds except as provided in subdivision 3
or 4a, or section 144A.073. "Certified bed" means a nursing
home bed or a boarding care bed certified by the commissioner of
health for the purposes of the medical assistance program, under
United States Code, title 42, sections 1396 et seq.
The commissioner of human services, in coordination with
the commissioner of health, shall deny any request to issue a
license under section 252.28 and chapter 245A to a nursing home
or boarding care home, if that license would result in an
increase in the medical assistance reimbursement amount.
In addition, the commissioner of health must not approve
any construction project whose cost exceeds $500,000, or 25
percent of the facility's appraised value, whichever is less,
unless:
(a) any construction costs exceeding the lesser of $500,000
or 25 percent of the facility's appraised value are not added to
the facility's appraised value and are not included in the
facility's payment rate for reimbursement under the medical
assistance program; or
(b) the project:
(1) has been approved through the process described in
section 144A.073;
(2) meets an exception in subdivision 3 or 4a;
(3) is necessary to correct violations of state or federal
law issued by the commissioner of health;
(4) is necessary to repair or replace a portion of the
facility that was damaged by fire, lightning, groundshifts, or
other such hazards, including environmental hazards, provided
that the provisions of subdivision 4a, clause (a), are met;
(5) as of May 1, 1992, the facility has submitted to the
commissioner of health written documentation evidencing that the
facility meets the "commenced construction" definition as
specified in subdivision 1a, clause (d), or that substantial
steps have been taken prior to April 1, 1992, relating to the
construction project. "Substantial steps" require that the
facility has made arrangements with outside parties relating to
the construction project and include the hiring of an architect
or construction firm, submission of preliminary plans to the
department of health or documentation from a financial
institution that financing arrangements for the construction
project have been made; or
(6) is being proposed by a licensed nursing facility that
is not certified to participate in the medical assistance
program and will not result in new licensed or certified beds.
Prior to the final plan approval of any construction
project, the commissioner of health shall be provided with an
itemized cost estimate for the project construction costs. If a
construction project is anticipated to be completed in phases,
the total estimated cost of all phases of the project shall be
submitted to the commissioner and shall be considered as one
construction project. Once the construction project is
completed and prior to the final clearance by the commissioner,
the total project construction costs for the construction
project shall be submitted to the commissioner. If the final
project construction cost exceeds the dollar threshold in this
subdivision, the commissioner of human services shall not
recognize any of the project construction costs or the related
financing costs in excess of this threshold in establishing the
facility's property-related payment rate.
The dollar thresholds for construction projects are as
follows: for construction projects other than those authorized
in clauses (1) to (6), the dollar threshold is $500,000 or 25
percent of appraised value, whichever is less. For projects
authorized after July 1, 1993, under clause (1), the dollar
threshold is the cost estimate submitted with a proposal for an
exception under section 144A.073, plus inflation as calculated
according to section 256B.431, subdivision 3f, paragraph (a).
For projects authorized under clauses (2) to (4), the dollar
threshold is the itemized estimate project construction costs
submitted to the commissioner of health at the time of final
plan approval, plus inflation as calculated according to section
256B.431, subdivision 3f, paragraph (a).
The commissioner of health shall adopt emergency or
permanent rules to implement this section or to amend the
emergency rules for granting exceptions to the moratorium on
nursing homes under section 144A.073. The authority to adopt
emergency rules continues to December 30, 1992.
Sec. 29. Minnesota Statutes 1995 Supplement, section
144A.073, subdivision 8, is amended to read:
Subd. 8. [RULEMAKING.] The commissioner of health shall
adopt permanent rules to implement this section. The permanent
rules must be in accordance with and implement only the criteria
listed in this section. The authority to adopt permanent rules
continues until July 1, 1996.
Sec. 30. Minnesota Statutes 1994, section 145.889, is
amended to read:
145.889 [RULES.]
The commissioner may adopt emergency and permanent rules
for the efficient administration of sections 145.881 to 145.886
and 145.888. The emergency rules need not be adopted in
compliance with chapter 14 and shall be effective for 360 days
or until the permanent rules are adopted, whichever occurs
first. The emergency rules shall be effective upon adoption by
the commissioner and shall be published in the State Register as
soon thereafter as possible.
Sec. 31. Minnesota Statutes 1994, section 145.97, is
amended to read:
145.97 [HILL-BURTON PROGRAM; RULES.]
The commissioner of health may promulgate emergency rules
under sections 14.29 to 14.36 to implement and enforce the
provisions of United States Code, title 42, section 291c(e),
291e(b)(3), 300s(3), 300s-1(b)(1)(K), or 300s-6, and the
provisions of regulations promulgated by the United States
Secretary of Health and Human Services pursuant to United States
Code, title 42, section 291c(e) or 300s(3), known as the
Hill-Burton program. The commissioner shall maintain records on
the number and nature of complaints received and any actions
taken to implement or enforce the Hill-Burton laws and rules.
Sec. 32. Minnesota Statutes 1994, section 148B.61,
subdivision 2, is amended to read:
Subd. 2. [RULEMAKING.] The commissioner of health shall
adopt rules necessary to implement, administer, or enforce
provisions of sections 148B.60 to 148B.71 pursuant to chapter
14. The commissioner may not adopt rules that restrict or
prohibit persons from providing mental health services on the
basis of education, training, experience, or supervision. The
commissioner may consult with the mental health practitioner
advisory council, established in section 148B.62, during the
rulemaking process. Rules adopted pursuant to this authority
are exempt from section 14.115.
Sec. 33. Minnesota Statutes 1994, section 160.265,
subdivision 2, is amended to read:
Subd. 2. [LOCAL BIKEWAY GRANTS.] The commissioner shall
provide technical assistance to local units of government in
planning and developing bikeways. The commissioner shall make
grants to units of government as defined in section 85.019,
subdivision 1, for the betterment of public land and
improvements needed for local bikeways. In making grants the
commissioner shall consider, among other factors, the number of
bicycles in the localities. A grant shall not exceed 75 percent
of the costs of the betterment of the bikeway. To be eligible
for a grant, a unit of government must provide at least 25
percent of the costs of the betterment of the bikeway. The
commissioner may adopt emergency rules pursuant to sections
14.05 to 14.36 to commence the grant program immediately.
Sec. 34. Minnesota Statutes 1994, section 169.128, is
amended to read:
169.128 [RULES OF COMMISSIONER OF PUBLIC SAFETY.]
The commissioner of public safety may promulgate permanent
rules to carry out the provisions of sections 169.121 and
169.123 and until December 31, 1985, emergency rules to
implement any statutory changes enacted by the 1985 legislature
pertaining to issues of implied consent and driving while under
the influence. The rules may include forms for notice of
intention to revoke, which shall describe clearly the right to a
hearing, the procedure for requesting a hearing, and the
consequences of failure to request a hearing; forms for
revocation and notice of reinstatement of driving privileges as
provided in section 169.1261; and forms for temporary licenses.
Rules promulgated pursuant to this section are subject to
sections 14.01 to 14.20 and 14.29 14.365 to 14.69.
Sec. 35. Minnesota Statutes 1994, section 182.675, is
amended to read:
182.675 [RELATIONSHIP TO COLLECTIVE BARGAINING.]
Although not required, an employee or employer may seek to
resolve any dispute arising under this chapter through
resolution procedures provided by any applicable labor agreement
or, if there is no applicable provision of a labor agreement,
through a dispute resolution procedure to be developed by the
commissioner. The employee is not deemed to have waived or lost
any substantive or procedural rights under this chapter due to
resort to the resolution methods and may pursue all legal
remedies under this chapter without any prejudice due to the
results of these resolution methods. The commissioner may adopt
emergency rules to develop a dispute resolution procedure.
Nothing in this chapter is deemed to prevent the creation of
additional rights or remedies for employees pursuant to a labor
agreement or personnel rule.
Sec. 36. Minnesota Statutes 1994, section 198.003,
subdivision 1, is amended to read:
Subdivision 1. [POLICY; RULES; REPORT.] It is the duty of
the board and the board has the power to:
(1) determine policy and, subject to chapter 14, adopt,
amend, and repeal rules for the governance of the homes, and to
adopt emergency rules necessary to implement this chapter. With
respect to residents' administrative appeal time periods that
are not established by statute, the board may create by rule
reasonable time periods within which a resident must appeal an
administrative determination to the next administrative level.
If the determination is not appealed within the time set by
rule, the determination becomes final;
(2) report quarterly to the governor on the management,
operations, and quality of care provided at the homes; and
(3) take other action as provided by law.
Emergency rules adopted under this section are not effective
after December 31, 1989.
Sec. 37. Minnesota Statutes 1994, section 216A.037,
subdivision 3, is amended to read:
Subd. 3. [CODE OF CONDUCT.] Except as limited by
subdivision 1, the commission shall adopt rules prescribing a
code of conduct for commissioners and employees of the
commission. The code of conduct must include standards to
preserve the quasi-judicial function of the commission.
The commission shall adopt emergency rules to implement
this subdivision.
Sec. 38. Minnesota Statutes 1994, section 216B.164,
subdivision 6, is amended to read:
Subd. 6. [RULES AND UNIFORM CONTRACT.] (a) The commission
shall promulgate rules to implement the provisions of this
section. The commission shall also establish a uniform
statewide form of contract for use between utilities and a
qualifying facility having less than 40 kilowatt capacity.
(b) The commission shall require the qualifying facility to
provide the utility with reasonable access to the premises and
equipment of the qualifying facility if the particular
configuration of the qualifying facility precludes disconnection
or testing of the qualifying facility from the utility side of
the interconnection with the utility remaining responsible for
its personnel.
(c) The uniform statewide form of contract shall be applied
to all new and existing interconnections established between a
utility and a qualifying facility having less than 40 kilowatt
capacity, except that existing contracts may remain in force
until written notice of election that the uniform statewide
contract form applies is given by either party to the other,
with the notice being of the shortest time period permitted
under the existing contract for termination of the existing
contract by either party, but not less than ten nor longer than
30 days.
(d) The commission may promulgate emergency rules for the
purpose of implementing this section. The emergency rules are
subject to sections 14.29 to 14.36.
Sec. 39. Minnesota Statutes 1994, section 216C.10, is
amended to read:
216C.10 [POWERS.]
The commissioner may:
(1) adopt rules under chapter 14 as necessary to carry out
the purposes of sections 216C.05 to 216C.30 and, when necessary
for the purposes of section 216C.15, adopt emergency rules under
sections 14.29 to 14.36;
(2) make all contracts under sections 216C.05 to 216C.30
and do all things necessary to cooperate with the United States
government, and to qualify for, accept, and disburse any grant
intended for the administration of sections 216C.05 to 216C.30;
(3) provide on-site technical assistance to units of local
government in order to enhance local capabilities for dealing
with energy problems;
(4) administer for the state, energy programs under federal
law, regulations, or guidelines, except for the low-income home
energy assistance program and low-income weatherization programs
administered by the department of economic security, and
coordinate the programs and activities with other state
agencies, units of local government, and educational
institutions;
(5) develop a state energy investment plan with yearly
energy conservation and alternative energy development goals,
investment targets, and marketing strategies;
(6) perform market analysis studies relating to
conservation, alternative and renewable energy resources, and
energy recovery;
(7) assist with the preparation of proposals for innovative
conservation, renewable, alternative, or energy recovery
projects;
(8) manage and disburse funds made available for the
purpose of research studies or demonstration projects related to
energy conservation or other activities deemed appropriate by
the commissioner;
(9) intervene in certificate of need proceedings before the
public utilities commission;
(10) collect fees from recipients of loans, grants, or
other financial aid from money received from litigation or
settlement of alleged violations of federal petroleum pricing
regulations, which fees must be used to pay the department's
costs in administering those financial aids; and
(11) collect fees from proposers and operators of
conservation and other energy-related programs that are
reviewed, evaluated, or approved by the department, other than
proposers that are political subdivisions or community or
nonprofit organizations, to cover the department's cost in
making the reviewal, evaluation, or approval and in developing
additional programs for others to operate.
Notwithstanding any other law, the commissioner is
designated the state agent to apply for, receive, and accept
federal or other funds made available to the state for the
purposes of sections 216C.05 to 216C.30.
Sec. 40. Minnesota Statutes 1994, section 216C.14,
subdivision 3, is amended to read:
Subd. 3. [ADMINISTRATION; RULES.] The commissioner shall
determine priorities pursuant to subdivisions 1 and 2, and shall
promulgate rules for the submission and review of applications
in accordance with the provisions of chapter 14. For this
purpose the commissioner may adopt emergency rules pursuant to
the provisions of sections 14.29 to 14.36.
Sec. 41. Minnesota Statutes 1994, section 216C.15,
subdivision 2, is amended to read:
Subd. 2. [PERIODIC REVISION.] At least once every five
years and whenever construction of a new large energy facility
is completed which affects the supply of energy in Minnesota,
the commissioner shall review and if necessary revise the
emergency conservation and allocation plan. Revisions of the
emergency conservation and allocation plan shall be adopted
pursuant to the rulemaking procedures in chapter 14 and reviewed
by the appropriate standing committees of the legislature. The
commissioner may also make revisions to the plan pursuant to
sections 14.29 to 14.36, and the emergency rules powers of
section 216C.10, clause (a), when a declared or impending energy
supply emergency requires.
Sec. 42. Minnesota Statutes 1994, section 216C.37,
subdivision 7, is amended to read:
Subd. 7. [RULES.] The commissioner shall adopt rules
necessary to implement this section. The commissioner shall
adopt emergency rules pursuant to sections 14.29 to 14.36,
meeting the requirements of this section. The rules shall
contain as a minimum:
(a) procedures for application by municipalities;
(b) criteria for reviewing loan applications; and
(c) procedures and guidelines for program monitoring,
closeout, and evaluation.
Sec. 43. Minnesota Statutes 1994, section 240.24,
subdivision 2, is amended to read:
Subd. 2. [EXCEPTION.] Notwithstanding subdivision 1, the
commission by rule shall allow the use of: (1) topical external
applications that do not contain anesthetics or steroids; (2)
food additives; (3) Furosemide or other pulmonary hemostatic
agents if the agents are administered under the visual
supervision of the veterinarian or a designee of the
veterinarian employed by the commission; and (4) nonsteroidal
anti-inflammatory drugs, provided that the test sample does not
contain more than three micrograms of the substance or
metabolites thereof per milliliter of blood plasma. For
purposes of this clause, "test sample" means any bodily
substance including blood, urine, saliva, or other substance as
directed by the commission, taken from a horse under the
supervision of the commission veterinarian and in such manner as
prescribed by the commission for the purpose of analysis.
The commission shall adopt emergency rules to implement the
provisions of this subdivision.
Sec. 44. Minnesota Statutes 1994, section 254B.041,
subdivision 2, is amended to read:
Subd. 2. [VENDOR COLLECTIONS; RULE AMENDMENT.] The
commissioner may amend Minnesota Rules, parts 9530.7000 to
9530.7025, to require a vendor of chemical dependency
transitional and extended care rehabilitation services to
collect the cost of care received under a program from an
eligible person who has been determined to be partially
responsible for treatment costs, and to remit the collections to
the commissioner. The commissioner shall pay to a vendor, for
the collections, an amount equal to five percent of the
collections remitted to the commissioner by the vendor. The
amendment may be adopted under the emergency rulemaking
provisions of sections 14.29 to 14.36.
Sec. 45. Minnesota Statutes 1995 Supplement, section
256.737, subdivision 1a, is amended to read:
Subd. 1a. [COMMISSIONER'S DUTIES.] The commissioner shall:
(a) assist counties in the design and implementation of
these programs;
(b) promulgate, in accordance with chapter 14, emergency
rules necessary for the implementation of this section, except
that the time restrictions of section 14.35 shall not apply and
the rules may be in effect until June 30, 1993, unless
superseded by permanent rules;
(c) seek any federal waivers necessary for proper
implementation of this section in accordance with federal law;
(d) (c) ensure that participants at CWEP worksites are
assigned to work, and require revision of the CWEP work plan in
cases where work is not available at the site;
(e) (d) shall design and implement an intensive, functional
work literacy program that addresses the barriers to employment
for nonexempt caretakers in AFDC-UP households who lack
proficiency in English. The commissioner is encouraged to work
with adult basic education providers to provide functional work
literacy services, where available. The intensive, functional
work literacy program must be designed to assist nonexempt
caretakers in AFDC-UP households achieve self-sufficiency by
enhancing their employability through concurrent participation
in meaningful work experience, job search skills, and functional
work literacy; and
(f) (e) prohibit the use of participants in the programs to
do work that was part or all of the duties or responsibilities
of an authorized public employee bargaining unit position
established as of January 1, 1993.
The exclusive bargaining representative shall be notified no
less than 14 days in advance of any placement by the community
work experience program. Written or oral concurrence with
respect to job duties of persons placed under the community work
experience program shall be obtained from the appropriate
exclusive bargaining representative within seven days. The
appropriate oversight committee shall be given monthly lists of
all job placements under a community work experience program.
Sec. 46. Minnesota Statutes 1994, section 256.871,
subdivision 7, is amended to read:
Subd. 7. [AUTHORITY OF THE COMMISSIONER.] The commissioner
is hereby authorized, subject to the provisions of chapter 14,
to promulgate permanent rules and may promulgate emergency rules
not inconsistent with this section as necessary to qualify for
maximum federal funds to implement sections 256.72 to 256.871.
Sec. 47. Minnesota Statutes 1994, section 256.991, is
amended to read:
256.991 [RULES.]
The commissioner of human services may promulgate emergency
and permanent rules as necessary to implement sections 256.01,
subdivision 2; 256.82, subdivision 3; 256.966, subdivision 1;
256D.03, subdivisions 3, 4, 6, and 7; and 261.23. The
commissioner shall promulgate emergency and permanent rules to
establish standards and criteria for deciding which medical
assistance services require prior authorization and for deciding
whether a second medical opinion is required for an elective
surgery. The commissioner shall promulgate permanent and
emergency rules as necessary to establish the methods and
standards for determining inappropriate utilization of medical
assistance services.
The commissioner of human services shall adopt emergency
rules which meet the requirements of sections 14.29 to 14.36 for
the medical assistance demonstration project. Notwithstanding
the provisions of section 14.35, the emergency rules promulgated
to implement section 256B.69 shall be effective for 360 days and
may be continued in effect for an additional 900 days if the
commissioner gives notice by publishing a notice in the State
Register and mailing notice to all persons registered with the
commissioner to receive notice of rulemaking proceedings in
connection with the project. The emergency rules shall not be
effective beyond December 31, 1986, without meeting the
requirements of sections 14.131 to 14.20.
Sec. 48. Minnesota Statutes 1994, section 256B.431,
subdivision 22, is amended to read:
Subd. 22. [CHANGES TO NURSING FACILITY REIMBURSEMENT.] The
nursing facility reimbursement changes in paragraphs (a) to (e)
apply to Minnesota Rules, parts 9549.0010 to 9549.0080, and this
section, and are effective for rate years beginning on or after
July 1, 1993, unless otherwise indicated.
(a) In addition to the approved pension or profit sharing
plans allowed by the reimbursement rule, the commissioner shall
allow those plans specified in Internal Revenue Code, sections
403(b) and 408(k).
(b) The commissioner shall allow as workers' compensation
insurance costs under section 256B.421, subdivision 14, the
costs of workers' compensation coverage obtained under the
following conditions:
(1) a plan approved by the commissioner of commerce as a
Minnesota group or individual self-insurance plan as provided in
section 79A.03;
(2) a plan in which:
(i) the nursing facility, directly or indirectly, purchases
workers' compensation coverage in compliance with section
176.181, subdivision 2, from an authorized insurance carrier;
(ii) a related organization to the nursing facility
reinsures the workers' compensation coverage purchased, directly
or indirectly, by the nursing facility; and
(iii) all of the conditions in clause (4) are met;
(3) a plan in which:
(i) the nursing facility, directly or indirectly, purchases
workers' compensation coverage in compliance with section
176.181, subdivision 2, from an authorized insurance carrier;
(ii) the insurance premium is calculated retrospectively,
including a maximum premium limit, and paid using the paid loss
retro method; and
(iii) all of the conditions in clause (4) are met;
(4) additional conditions are:
(i) the costs of the plan are allowable under the federal
Medicare program;
(ii) the reserves for the plan are maintained in an account
controlled and administered by a person which is not a related
organization to the nursing facility;
(iii) the reserves for the plan cannot be used, directly or
indirectly, as collateral for debts incurred or other
obligations of the nursing facility or related organizations to
the nursing facility;
(iv) if the plan provides workers' compensation coverage
for non-Minnesota nursing facilities, the plan's cost
methodology must be consistent among all nursing facilities
covered by the plan, and if reasonable, is allowed
notwithstanding any reimbursement laws regarding cost allocation
to the contrary;
(v) central, affiliated, corporate, or nursing facility
costs related to their administration of the plan are costs
which must remain in the nursing facility's administrative cost
category and must not be allocated to other cost categories; and
(vi) required security deposits, whether in the form of
cash, investments, securities, assets, letters of credit, or in
any other form are not allowable costs for purposes of
establishing the facilities payment rate.
(5) any costs allowed pursuant to clauses (1) to (3) are
subject to the following requirements:
(i) if the nursing facility is sold or otherwise ceases
operations, the plan's reserves must be subject to an
actuarially based settle-up after 36 months from the date of
sale or the date on which operations ceased. The facility's
medical assistance portion of the total excess plan reserves
must be paid to the state within 30 days following the date on
which excess plan reserves are determined;
(ii) any distribution of excess plan reserves made to or
withdrawals made by the nursing facility or a related
organization are applicable credits and must be used to reduce
the nursing facility's workers' compensation insurance costs in
the reporting period in which a distribution or withdrawal is
received;
(iii) if reimbursement for the plan is sought under the
federal Medicare program, and is audited pursuant to the
Medicare program, the nursing facility must provide a copy of
Medicare's final audit report, including attachments and
exhibits, to the commissioner within 30 days of receipt by the
nursing facility or any related organization. The commissioner
shall implement the audit findings associated with the plan upon
receipt of Medicare's final audit report. The department's
authority to implement the audit findings is independent of its
authority to conduct a field audit.
(6) the commissioner shall have authority to adopt
emergency rules to implement this paragraph.
(c) In the determination of incremental increases in the
nursing facility's rental rate as required in subdivisions 14 to
21, except for a refinancing permitted under subdivision 19, the
commissioner must adjust the nursing facility's property-related
payment rate for both incremental increases and decreases in
recomputations of its rental rate;
(d) A nursing facility's administrative cost limitation
must be modified as follows:
(1) if the nursing facility's licensed beds exceed 195
licensed beds, the general and administrative cost category
limitation shall be 13 percent;
(2) if the nursing facility's licensed beds are more than
150 licensed beds, but less than 196 licensed beds, the general
and administrative cost category limitation shall be 14 percent;
or
(3) if the nursing facility's licensed beds is less than
151 licensed beds, the general and administrative cost category
limitation shall remain at 15 percent.
(e) The care related operating rate shall be increased by
eight cents to reimburse facilities for unfunded federal
mandates, including costs related to hepatitis B vaccinations.
Sec. 49. Minnesota Statutes 1994, section 256B.501,
subdivision 5a, is amended to read:
Subd. 5a. [CHANGES TO ICF/MR REIMBURSEMENT.] The
reimbursement rule changes in paragraphs (a) to (e) apply to
Minnesota Rules, parts 9553.0010 to 9553.0080, and this section,
and are effective for rate years beginning on or after October
1, 1993, unless otherwise specified.
(a) The maximum efficiency incentive shall be $1.50 per
resident per day.
(b) If a facility's capital debt reduction allowance is
greater than 50 cents per resident per day, that facility's
capital debt reduction allowance in excess of 50 cents per
resident day shall be reduced by 25 percent.
(c) Beginning with the biennial reporting year which begins
January 1, 1993, a facility is no longer required to have a
certified audit of its financial statements. The cost of a
certified audit shall not be an allowable cost in that reporting
year, nor in subsequent reporting years unless the facility
submits its certified audited financial statements in the manner
otherwise specified in this subdivision. A nursing facility
which does not submit a certified audit must submit its working
trial balance.
(d) In addition to the approved pension or profit sharing
plans allowed by the reimbursement rule, the commissioner shall
allow those plans specified in Internal Revenue Code, sections
403(b) and 408(k).
(e) The commissioner shall allow as workers' compensation
insurance costs under this section, the costs of workers'
compensation coverage obtained under the following conditions:
(1) a plan approved by the commissioner of commerce as a
Minnesota group or individual self-insurance plan as provided in
sections 79A.03;
(2) a plan in which:
(i) the facility, directly or indirectly, purchases
workers' compensation coverage in compliance with section
176.181, subdivision 2, from an authorized insurance carrier;
(ii) a related organization to the facility reinsures the
workers' compensation coverage purchased, directly or
indirectly, by the facility; and
(iii) all of the conditions in clause (4) are met;
(3) a plan in which:
(i) the facility, directly or indirectly, purchases
workers' compensation coverage in compliance with section
176.181, subdivision 2, from an authorized insurance carrier;
(ii) the insurance premium is calculated retrospectively,
including a maximum premium limit, and paid using the paid loss
retro method; and
(iii) all of the conditions in clause (4) are met;
(4) additional conditions are:
(i) the reserves for the plan are maintained in an account
controlled and administered by a person which is not a related
organization to the facility;
(ii) the reserves for the plan cannot be used, directly or
indirectly, as collateral for debts incurred or other
obligations of the facility or related organizations to the
facility;
(iii) if the plan provides workers' compensation coverage
for non-Minnesota facilities, the plan's cost methodology must
be consistent among all facilities covered by the plan, and if
reasonable, is allowed notwithstanding any reimbursement laws
regarding cost allocation to the contrary;
(iv) central, affiliated, corporate, or nursing facility
costs related to their administration of the plan are costs
which must remain in the nursing facility's administrative cost
category, and must not be allocated to other cost categories;
and
(v) required security deposits, whether in the form of
cash, investments, securities, assets, letters of credit, or in
any other form are not allowable costs for purposes of
establishing the facilities payment rate; and
(5) any costs allowed pursuant to clauses (1) to (3) are
subject to the following requirements:
(i) if the facility is sold or otherwise ceases operations,
the plan's reserves must be subject to an actuarially based
settle-up after 36 months from the date of sale or the date on
which operations ceased. The facility's medical assistance
portion of the total excess plan reserves must be paid to the
state within 30 days following the date on which excess plan
reserves are determined;
(ii) any distribution of excess plan reserves made to or
withdrawals made by the facility or a related organization are
applicable credits and must be used to reduce the facility's
workers' compensation insurance costs in the reporting period in
which a distribution or withdrawal is received; and
(iii) if the plan is audited pursuant to the Medicare
program, the facility must provide a copy of Medicare's final
audit report, including attachments and exhibits, to the
commissioner within 30 days of receipt by the facility or any
related organization. The commissioner shall implement the
audit findings associated with the plan upon receipt of
Medicare's final audit report. The department's authority to
implement the audit findings is independent of its authority to
conduct a field audit; and
(6) the commissioner shall have authority to adopt
emergency rules to implement this paragraph.
Sec. 50. Minnesota Statutes 1994, section 256B.501,
subdivision 10, is amended to read:
Subd. 10. [RULES.] To implement this section, the
commissioner shall promulgate emergency and permanent rules in
accordance with chapter 14. To implement subdivision 3, the
commissioner shall promulgate emergency rules and permanent
rules in accordance with sections 14.01 to 14.38.
Notwithstanding the provisions of section 14.35, the emergency
rule promulgated to implement subdivision 3 shall be effective
for up to 720 days.
Sec. 51. Minnesota Statutes 1994, section 256B.502, is
amended to read:
256B.502 [EMERGENCY AND PERMANENT RULES; REPORT.]
The commissioners of health and human services shall
promulgate emergency and permanent rules necessary to implement
Laws 1983, chapter 199, except as otherwise indicated in
accordance with sections 14.01 to 14.38. Emergency rules
promulgated by August 15, 1983 to implement the rate
determination provisions of section 256B.431 are retroactive to
and effective as of July 1, 1983. Notwithstanding the
provisions of section 14.35, emergency rules promulgated to
implement Laws 1983, chapter 199, shall be effective for up to
360 days after July 1, 1983, and may be continued in effect for
two additional periods of 180 days each if the commissioner
gives notice of continuation of each additional period by
publishing notice in the State Register and mailing the same
notice to all persons registered with the commissioner to
receive notice of rulemaking proceedings in connection with Laws
1983, chapter 199. The emergency rules promulgated in
accordance with this section shall not be effective 720 days
after their effective date without following the procedures in
sections 14.13 to 14.20. The commissioner shall report to the
legislature by January 1, 1985, on likely groups and shall
establish groups of nursing homes based on the mix of resident
care needs, and on geographic area, by July 1, 1985.
Sec. 52. Minnesota Statutes 1994, section 256B.503, is
amended to read:
256B.503 [RULES.]
To implement Laws 1983, chapter 312, article 9, sections 1
to 7, the commissioner shall promulgate emergency and permanent
rules in accordance with sections 14.01 to 14.38. Rules adopted
to implement Laws 1983, chapter 312, article 9, section 5, must
(a) be in accord with the provisions of Minnesota Statutes,
chapter 256E, (b) set standards for case management which
include, encourage and enable flexible administration, (c)
require the county boards to develop individualized procedures
governing case management activities, (d) consider criteria
promulgated under section 256B.092, subdivision 3, and the
federal waiver plan, (e) identify cost implications to the state
and to county boards, and (f) require the screening teams to
make recommendations to the county case manager for development
of the individual service plan.
The commissioner shall adopt permanent rules to implement
this section by July 1, 1986. Emergency rules adopted under
this section are effective until that date.
Sec. 53. Minnesota Statutes 1994, section 256B.74,
subdivision 10, is amended to read:
Subd. 10. [IMPLEMENTATION; RULEMAKING.] The commissioner
shall implement sections 256.9657 and 256B.74 on July 1, 1991,
without complying with the rulemaking requirements of the
administrative procedure act. The commissioner shall begin to
adopt emergency rules to implement Laws 1991, chapter 292,
article 4, within 30 days, and may adopt permanent rules to
implement Laws 1991, chapter 292, article 4. Emergency and
permanent Rules adopted to implement Laws 1991, chapter 292,
article 4, supersede any provisions adopted under the exemption
from rulemaking requirements in this section.
Sec. 54. Minnesota Statutes 1995 Supplement, section
256D.01, subdivision 1b, is amended to read:
Subd. 1b. [RULES.] The commissioner shall adopt permanent
rules to set standards of assistance and methods of calculating
payment to conform with subdivision 1a. The minimum standards
of assistance shall authorize the payment of rates negotiated by
county agencies for recipients living in a room and board
arrangement according to sections 256I.01 to 256I.06. When a
recipient is a resident of a regional treatment center, or a
residence with a negotiated rate, the recipient is not eligible
for a full general assistance standard. The state standard of
assistance for those recipients is the personal needs allowance
authorized for medical assistance recipients under section
256B.35.
Sec. 55. Minnesota Statutes 1994, section 268.37,
subdivision 3, is amended to read:
Subd. 3. [RULES; REPORT.] The commissioner shall
promulgate emergency rules as necessary to administer the grants
program and shall promulgate permanent rules by July 1, 1980.
The rules shall describe: (a) procedures for the administration
of grants, (b) data to be reported by grant recipients, and (c)
other matters the commissioner finds necessary for the proper
administration of the grant program including compliance with
relevant federal regulations. The commissioner must require
that a rental unit weatherized under this section be rented to a
household meeting the income limits of the program for 24 of the
36 months after weatherization is complete. In applying this
restriction to multiunit buildings weatherized under this
section, the commissioner shall require that occupancy continue
to reflect the proportion of eligible households in the building
at the time of weatherization. The commissioner shall report by
February 1, 1988, to the chair of the health and human services
divisions of the house appropriations and senate finance
committees all steps taken to implement the requirement
restricting rental of weatherized units to eligible households.
Sec. 56. Minnesota Statutes 1994, section 270.84,
subdivision 1, is amended to read:
Subdivision 1. [ANNUAL VALUATION; RULES.] The commissioner
shall annually between March 31 and May 31 make a determination
of the fair market value of the operating property of every
railroad company doing business in this state as of January 2 of
the year in which the valuation is made. In making this
determination, the commissioner shall employ generally accepted
appraisal principles and practices which may include the unit
method of determining value. The commissioner may promulgate
emergency rules adopting valuation procedures under sections
14.29 to 14.36.
Sec. 57. Minnesota Statutes 1994, section 270A.12, is
amended to read:
270A.12 [RULES.]
The commissioner is authorized to develop and to require
the use of any necessary forms. The commissioner or a claimant
agency is authorized to make any rules necessary to effectuate
the purposes of sections 270A.01 to 270A.12. Pursuant to this
authority, emergency rules may be adopted pursuant to sections
14.29 to 14.36.
Sec. 58. Minnesota Statutes 1994, section 325F.20,
subdivision 1, is amended to read:
Subdivision 1. The commissioner shall adopt rules pursuant
to chapter 14 regarding quality, information, and product safety
specifications for the manufacture, labeling, installation, and
thermographing of insulation. The specifications and any
amendments to them shall conform as far as is practical to
federal standards or other standards generally accepted and in
use throughout the United States. The standards, with
modifications as may be deemed necessary, may be adopted by
reference. The specifications adopted and any amendments shall
be based on the application of scientific principles, approved
tests, and professional judgment. For purposes of this
subdivision, the commissioner may adopt emergency rules, which
may remain in effect for 360 days.
Sec. 59. Minnesota Statutes 1995 Supplement, section
336.9-411, is amended to read:
336.9-411 [COMPUTERIZED FILING SYSTEM.]
(a) The secretary of state shall develop and implement a
statewide computerized filing system to accumulate and
disseminate information relative to lien statements, financing
statements, state and federal tax lien notices, and other
uniform commercial code documents. The computerized filing
system must allow information to be entered and retrieved from
the computerized filing system by county recorders, the
department of revenue, the department of economic security, and
the Internal Revenue Service.
(b) County recorders shall enter information relative to
lien statements, financing statements, state and federal tax
lien notices, and other uniform commercial code documents filed
in their offices into a central database maintained by the
secretary of state. The information must be entered under the
rules of the secretary of state. This requirement does not
apply to tax lien notices filed under sections 268.161,
subdivision 1, paragraph (b), clause (2); 270.69, subdivision 2,
paragraph (b), clause (2); and 272.488, subdivision 1, but does
apply to entry of the date and time of receipt and county
recorder's file number of those notices.
(c) The secretary of state may allow private parties to
have electronic-view-only access to the computerized filing
system and to other computerized records maintained by the
secretary of state on a fee basis, except that visual access to
electronic display terminals at the public counters at the
secretary of state's office will be without charge and available
during public counter hours. If the computerized filing system
allows a form of electronic access to information regarding the
obligations of debtors, the access must be available 24 hours a
day, every day of the year.
Notwithstanding section 13.49, private parties who have
electronic-view-only access to computerized records may view the
social security number information about a debtor that is of
record.
(d) The secretary of state shall adopt rules to implement
the computerized filing system. The secretary of state may
adopt permanent and emergency rules. The rules must:
(1) allow filings to be made at the offices of all county
recorders and the secretary of state's office as required by
section 336.9-401;
(2) establish a central database for all information
relating to liens and security interests that are filed at the
offices of county recorders and the secretary of state;
(3) provide procedures for entering data into a central
database;
(4) allow the offices of all county recorders and the
secretary of state's office to add, modify, and delete
information in the central database as required by the uniform
commercial code;
(5) allow the offices of all county recorders and the
secretary of state's office to have access to the central
database for review and search capabilities;
(6) allow the offices of all county recorders to have
electronic-view-only access to the computerized business
information records on file with the secretary of state;
(7) require the secretary of state to maintain the central
database;
(8) provide security and protection of all information in
the central database and monitor the central database to ensure
that unauthorized entry is not allowed;
(9) require standardized information for entry into the
central database;
(10) prescribe an identification procedure for debtors and
secured parties that will enhance lien and financing statement
searches; and
(11) prescribe a procedure for phasing-in or converting
from the existing filing system to a computerized filing system.
(e) The secretary of state, county recorders, and their
employees and agents shall not be liable for any loss or damages
arising from errors in or omissions from information entered
into the computerized filing system as a result of the
electronic transmission of tax lien notices under sections
268.161, subdivision 1, paragraph (b), clause (2); 270.69,
subdivision 2, paragraph (b), clause (2); 272.483; and 272.488,
subdivisions 1 and 3.
Sec. 60. Minnesota Statutes 1994, section 363.06,
subdivision 4a, is amended to read:
Subd. 4a. [EMERGENCY APPLICATION OF RULES.] The
commissioner may adopt emergency rules pursuant to chapter 14 to
carry out the purposes of this section. Emergency and permanent
Rules adopted pursuant to this subdivision apply to cases
pending before the commissioner on the date of adoption.
Sec. 61. Minnesota Statutes 1994, section 462A.06,
subdivision 11, is amended to read:
Subd. 11. It may make and publish rules pursuant to
chapter 14 respecting its mortgage lending, construction
lending, rehabilitation lending, grants, and temporary lending,
and any such other rules as are necessary to effectuate its
corporate purpose, and may adopt emergency rules to implement
demonstration programs using bond proceeds for the financing of
residential housing.
Sec. 62. Minnesota Statutes 1994, section 462A.07,
subdivision 14, is amended to read:
Subd. 14. [AMERICAN INDIANS.] (a) It may engage in housing
programs for low- and moderate-income American Indians developed
and administered separately or in combination by the Minnesota
Chippewa tribe, the Red Lake band of Chippewa Indians, and the
Sioux communities as determined by such tribe, band, or
communities. In furtherance of the policy of economic
integration stated in section 462A.02, subdivision 6, it may
engage in housing programs for American Indians who intend to
reside on reservations and who are not persons of low and
moderate income, provided that the aggregate dollar amount of
the loans for each lender's fiscal year shall not exceed an
amount equal to 25 percent of the total dollar amount of all
loans made by that lender during the lender's fiscal year at the
time of loan application. In developing such housing programs,
the tribe, band, or communities shall take into account the
housing needs of all American Indians residing both on and off
reservations within the state. A plan for each such program,
which specifically describes the program content, utilization of
funds, administration, operation, implementation and other
matter, as determined by the agency, must be submitted to the
agency for its review and approval prior to the making of
eligible loans pursuant to section 462A.21. All such programs
must conform to rules promulgated by the agency concerning
program administration, including but not limited to rules
concerning costs of administration; the quality of housing;
interest rates, fees, and charges in connection with making
eligible loans; and other matters determined by the agency to be
necessary in order to effectuate the purposes of this
subdivision and section 462A.21, subdivisions 4b and 4c. All
such programs must provide for a reasonable balance in the
distribution of funds appropriated for the purpose of this
section between American Indians residing on and off
reservations within the state. Nothing in this section shall
preclude such tribe, band, or communities from requesting and
receiving cooperation, advice, and assistance from the agency as
regards program development, operation, delivery, financing, or
administration. As a condition to the making of such eligible
loans, the Minnesota Chippewa tribe, the Red Lake band of
Chippewa Indians, and the Sioux communities shall:
(1) enter into a loan agreement and other contractual
arrangements with the agency for the purpose of transferring the
allocated portion of loan funds as set forth in section 462A.26
and to insure compliance with the provisions of this section and
this chapter; and
(2) agree that all of their official books and records
related to such housing programs shall be subjected to audit by
the legislative auditor in the manner prescribed for agencies of
state government.
The agency shall submit a biennial report concerning the
various housing programs for American Indians, and related
receipts and expenditures as provided in section 462A.22,
subdivision 9, and such tribe, band, or communities to the
extent that they administer such programs, shall be responsible
for any costs and expenses related to such administration
provided, however, they shall be eligible for payment for costs,
expenses, and services pursuant to subdivision 12 and section
462A.21. The agency may provide or cause to be provided
essential general technical services as set forth in subdivision
2, and general consultative project assistance services,
including, but not limited to, management training, and home
ownership counseling as set forth in subdivision 3. Members of
boards, committees, or other governing bodies of the tribe,
band, and communities administering the programs authorized by
this subdivision must be compensated for those services as
provided in section 15.0575. Rules promulgated under this
subdivision may be promulgated as emergency rules under chapter
14.
(b) The agency may engage in demonstration projects to
encourage the participation of financial institutions or other
leveraging sources in providing housing opportunities for
American Indians. The agency shall consult with the Minnesota
Chippewa tribe, the Red Lake band of Chippewa Indians, and the
Sioux communities in developing the demonstration projects. The
income limits specified in paragraph (a) do not apply to the
demonstration projects.
(c) The agency may make home improvement loans under this
subdivision without regard to household income.
Sec. 63. Minnesota Statutes 1995 Supplement, section
462A.201, subdivision 2, is amended to read:
Subd. 2. [LOW-INCOME HOUSING.] (a) The agency may, in
consultation with the advisory committee, use money from the
housing trust fund account to provide loans or grants for
projects for the development, construction, acquisition,
preservation, and rehabilitation of low-income rental and
limited equity cooperative housing units and homes for
ownership. No more than 20 percent of available funds may be
used for home ownership projects.
(b) A rental or limited equity cooperative housing project
must meet one of the following income tests:
(1) at least 75 percent of the rental and cooperative units
must be rented to or cooperatively owned by persons and families
whose income does not exceed 30 percent of the median family
income for the metropolitan area as defined in section 473.121,
subdivision 2; or
(2) all of the units funded by the housing trust fund
account must be used for the benefit of persons and families
whose income does not exceed 30 percent of the median family
income for the metropolitan area as defined in section 473.121,
subdivision 2.
The median family income may be adjusted for families of
five or more.
(c) Homes for ownership must be owned or purchased by
persons and families whose income does not exceed 50 percent of
the metropolitan area median income, adjusted for family size.
(d) In making the grants, the agency shall determine the
terms and conditions of repayment and the appropriate security,
if any, should repayment be required. To promote the geographic
distribution of grants and loans, the agency may designate a
portion of the grant or loan awards to be set aside for projects
located in specified congressional districts or other
geographical regions specified by the agency. The agency may
adopt emergency and permanent rules for awarding grants and
loans under this subdivision. The emergency rules are effective
for 180 days or until the permanent rules are adopted, whichever
occurs first.
Sec. 64. Minnesota Statutes 1994, section 462A.236, is
amended to read:
462A.236 [RULES.]
The agency may adopt emergency and permanent rules for the
efficient administration of section 462A.05, subdivisions 14b,
18a, and 23. The emergency rules need not be adopted in
compliance with chapter 14 and are effective for 360 days or
until the permanent rules are adopted, whichever occurs first.
The emergency rules are effective upon adoption by the agency
and shall be published in the State Register as soon thereafter
as possible.
Sec. 65. Minnesota Statutes 1994, section 583.285, is
amended to read:
583.285 [MEDIATION RULES.]
The commissioner of agriculture, in consultation with the
commissioner of the bureau of mediation services and the
director of the University of Minnesota agricultural extension
service, shall make rules under chapter 14, to implement the
farmer-lender mediation act. The commissioner of agriculture
may adopt emergency rules.
Sec. 66. Minnesota Statutes 1995 Supplement, section
626.557, subdivision 16, is amended to read:
Subd. 16. [IMPLEMENTATION AUTHORITY.] (a) By September 1,
1995, the attorney general and the commissioners of health and
human services, in coordination with representatives of other
entities that receive or investigate maltreatment reports, shall
develop the common report form described in subdivision 9. The
form may be used by mandated reporters, county social service
agencies, law enforcement entities, licensing agencies, or
ombudsman offices.
(b) The commissioners of health and human services shall as
soon as possible promulgate rules necessary to implement the
requirements of this section. The commissioners of health and
human services may promulgate emergency rules pursuant to
sections 14.29 to 14.36.
(c) By December 31, 1995, the commissioners of health,
human services, and public safety shall develop criteria for the
design of a statewide database utilizing data collected on the
common intake form of the common entry point. The statewide
database must be accessible to all entities required to conduct
investigations under this section, and must be accessible to
ombudsman and advocacy programs.
(d) By September 1, 1995, each lead agency shall develop
the guidelines required in subdivision 9b.
Sec. 67. [REPEALER.]
Minnesota Statutes 1994, sections 222.61; and 254B.041,
subdivision 1, are repealed.
ARTICLE 3
AGENCY FEE SETTING
Section 1. Minnesota Statutes 1995 Supplement, section
16B.748, is amended to read:
16B.748 [RULES.]
The commissioner may adopt rules for the following purposes:
(1) to set a fee under section 16A.128 16A.1285 for
processing a construction or installation permit or elevator
contractor license application;
(2) to set a fee under section 16A.128 16A.1285 to cover
the cost of elevator inspections;
(3) to establish minimum qualifications for elevator
inspectors that must include possession of a current elevator
constructor electrician's license issued by the state board of
electricity and proof of successful completion of the national
elevator industry education program examination or equivalent
experience;
(4) to establish criteria for the qualifications of
elevator contractors;
(5) to establish elevator standards under sections 16B.61,
subdivisions 1 and 2, and 16B.64;
(6) to establish procedures for appeals of decisions of the
commissioner under chapter 14 and procedures allowing the
commissioner, before issuing a decision, to seek advice from the
elevator trade, building owners or managers, and others
knowledgeable in the installation, construction, and repair of
elevators; and
(7) to establish requirements for the registration of all
elevators.
Sec. 2. Minnesota Statutes 1994, section 17.03,
subdivision 10, is amended to read:
Subd. 10. [GIFTS; PUBLICATION FEES; ADVERTISING;
APPROPRIATION.] (a) The commissioner may accept for and on
behalf of the state any gift, bequest, devise, grant, or
interest in money or personal property of any kind tendered to
the state for any purpose pertaining to the activities of the
department of agriculture or any of its divisions.
(b) The commissioner may charge a fee for reports,
publications, or other promotional or informational material
produced by the department of agriculture. The commissioner may
solicit and accept advertising revenue for any departmental
publications or promotional materials.
(c) The fees collected by the commissioner under this
section are to recover all or part of the costs of providing
services for which the fees are paid. These fees are not
subject to chapter 14 or sections 16A.128 and 16A.1281 section
16A.1285.
(d) Money received by the commissioner for these activities
may be credited to one or more special accounts in the state
treasury. Money in those special accounts is annually
appropriated to the commissioner to provide the services for
which the money was received.
Sec. 3. Minnesota Statutes 1994, section 18.54,
subdivision 1, is amended to read:
Subdivision 1. [SERVICES AND FEES.] The commissioner may
make small lot inspections or perform other necessary services
for which another charge is not specified. For these services
the commissioner shall set a fee plus expenses that will recover
the cost of performing this service, as provided in
section 16A.128 16A.1285. The commissioner may set an
additional acreage fee for inspection of seed production fields
for exporters in order to meet domestic and foreign plant
quarantine requirements.
Sec. 4. Minnesota Statutes 1994, section 18.54,
subdivision 2, is amended to read:
Subd. 2. [VIRUS DISEASE-FREE CERTIFICATION.] The
commissioner shall have the authority to provide special
services such as virus disease-free certification and other
similar programs. Participation by nursery stock growers shall
be voluntary. Plants offered for sale as certified virus-free
must be grown according to certain procedures in a manner
defined by the commissioner for the purpose of eliminating
viruses and other injurious disease or insect pests. The
commissioner shall collect reasonable fees from participating
nursery stock growers for services and materials that are
necessary to conduct this type of work, as provided in section
16A.128 16A.1285.
Sec. 5. Minnesota Statutes 1994, section 21.92, is amended
to read:
21.92 [SEED INSPECTION FUND.]
There is established in the state treasury an account known
as the seed inspection fund. Fees and penalties collected by
the commissioner under sections 21.80 to 21.92 and interest
attributable to money in the account shall be deposited into
this account. The rates at which the fees are charged may be
adjusted pursuant to section 16A.128 16A.1285.
Sec. 6. Minnesota Statutes 1994, section 41A.023, is
amended to read:
41A.023 [POWERS.]
In addition to other powers granted by this chapter, the
board may:
(1) sue and be sued;
(2) acquire, hold, lease, and transfer any interest in real
and personal property for its corporate purposes;
(3) sell at public or private sale, at the price or prices
determined by the board, any note, mortgage, lease, sublease,
lease purchase, or other instrument or obligation evidencing or
securing a loan made for the purpose of economic development,
job creation, redevelopment, or community revitalization by a
public agency to a business, for-profit or nonprofit
organization, or an individual;
(4) obtain insurance on its property;
(5) obtain municipal bond insurance, letters of credit,
surety obligations, or similar agreements from financial
institutions;
(6) enter into other agreements or transactions, without
regard to chapter 16B, that the board considers necessary or
appropriate to carry out the purposes of this chapter with
federal or state agencies, political subdivisions of the state,
or other persons, firms, or corporations;
(7) establish and collect fees without regard to chapter 14
and section 16A.128 16A.1285;
(8) accept appropriations, gifts, grants, and bequests;
(9) use money received from any source for any legal
purpose or program of the board;
(10) participate in loans for agricultural resource
projects in accordance with section 41A.035;
(11) provide small business development loans in accordance
with section 41A.036; and
(12) guarantee or insure bonds or notes issued by the board.
Sec. 7. Minnesota Statutes 1994, section 85A.02,
subdivision 5b, is amended to read:
Subd. 5b. [EXEMPTIONS.] The board is not subject to
sections 3.841 to 3.845, 15.057, 15.061, 16A.128 16A.1285, and
16A.28; chapter 16B, except for sections 16B.07, 16B.102,
16B.17, 16B.19, 16B.35, and 16B.55; and chapter 14, except
section 14.38, subdivision 7, relating to the legal status of
rules and the legislative review of rules.
Sec. 8. Minnesota Statutes 1995 Supplement, section
97A.0453, is amended to read:
97A.0453 [NOTICE TO COMMITTEES FOR FEES FIXED BY RULE.]
Before the commissioner submits notice to the State
Register of intent to adopt emergency rules that establish or
adjust fees, the commissioner shall comply with section 16A.128,
subdivision 2a send a copy of the notice and the proposed rules
to the chairs of the house ways and means committee and the
senate committee on finance.
Sec. 9. Minnesota Statutes 1994, section 97B.025, is
amended to read:
97B.025 [ADVANCED HUNTER EDUCATION.]
The commissioner may establish advanced education courses
for hunters and trappers. The commissioner, with the approval
of the commissioner of finance, may impose a fee not to exceed
$10 for each person attending an advanced education course. The
commissioner shall establish the fee under section
16A.128 16A.1285.
Sec. 10. Minnesota Statutes 1995 Supplement, section
103G.301, subdivision 2, is amended to read:
Subd. 2. [PERMIT APPLICATION FEES.] (a) An application for
a permit authorized under this chapter, and each request to
amend or transfer an existing permit, must be accompanied by a
permit application fee to defray the costs of receiving,
recording, and processing the application or request to amend or
transfer.
(b) The application fee for a permit to appropriate water,
a permit to construct or repair a dam that is subject to dam
safety inspection, a state general permit, or to apply for the
state water bank program is $75. The application fee for a
permit to work in public waters or to divert waters for mining
must be at least $75, but not more than $500, in accordance with
a schedule of fees adopted under section 16A.128 16A.1285.
Sec. 11. Minnesota Statutes 1994, section 103G.301,
subdivision 3, is amended to read:
Subd. 3. [FIELD INSPECTION FEES.] (a) In addition to the
application fee, the commissioner may charge a field inspection
fee for:
(1) projects requiring a mandatory environmental assessment
under chapter 116D;
(2) projects undertaken without a required permit or
application; and
(3) projects undertaken in excess of limitations
established in an issued permit.
(b) The fee must be at least $100 but not more than actual
inspection costs.
(c) The fee is to cover actual costs related to a permit
applied for under this chapter or for a project undertaken
without proper authorization.
(d) The commissioner shall establish a schedule of field
inspection fees under section 16A.128 16A.1285. The schedule
must include actual costs related to field inspection, including
investigations of the area affected by the proposed activity,
analysis of the proposed activity, consultant services, and
subsequent monitoring, if any, of the activity authorized by the
permit.
Sec. 12. Minnesota Statutes 1994, section 103I.525,
subdivision 8, is amended to read:
Subd. 8. [RENEWAL.] (a) A licensee must file an
application and a renewal application fee to renew the license
by the date stated in the license.
(b) The renewal application fee shall be set by the
commissioner under section 16A.128 16A.1285.
(c) The renewal application must include information that
the applicant has met continuing education requirements
established by the commissioner by rule.
(d) At the time of the renewal, the commissioner must have
on file all properly completed well reports, well sealing
reports, reports of excavations to construct elevator shafts,
well permits, and well notifications for work conducted by the
licensee since the last license renewal.
Sec. 13. Minnesota Statutes 1994, section 103I.525,
subdivision 9, is amended to read:
Subd. 9. [INCOMPLETE OR LATE RENEWAL.] If a licensee fails
to submit all information required for renewal in subdivision 8
or submits the application and information after the required
renewal date:
(1) the licensee must include an additional late fee set by
the commissioner under section 16A.128 16A.1285; and
(2) the licensee may not conduct activities authorized by
the well contractor's license until the renewal application,
renewal application fee, late fee, and all other information
required in subdivision 8 are submitted.
Sec. 14. Minnesota Statutes 1994, section 103I.531,
subdivision 8, is amended to read:
Subd. 8. [RENEWAL.] (a) A person must file an application
and a renewal application fee to renew the limited well
contractor's license by the date stated in the license.
(b) The renewal application fee shall be set by the
commissioner under section 16A.128 16A.1285.
(c) The renewal application must include information that
the applicant has met continuing education requirements
established by the commissioner by rule.
(d) At the time of the renewal, the commissioner must have
on file all properly completed well sealing reports, well
permits, and well notifications for work conducted by the
licensee since the last license renewal.
Sec. 15. Minnesota Statutes 1994, section 103I.531,
subdivision 9, is amended to read:
Subd. 9. [INCOMPLETE OR LATE RENEWAL.] If a licensee fails
to submit all information required for renewal in subdivision 8
or submits the application and information after the required
renewal date:
(1) the licensee must include an additional late fee set by
the commissioner under section 16A.128 16A.1285; and
(2) the licensee may not conduct activities authorized by
the limited well contractor's license until the renewal
application, renewal application fee, and late fee, and all
other information required in subdivision 8 are submitted.
Sec. 16. Minnesota Statutes 1994, section 103I.535,
subdivision 8, is amended to read:
Subd. 8. [RENEWAL.] (a) A person must file an application
and a renewal application fee to renew the license by the date
stated in the license.
(b) The renewal application fee shall be set by the
commissioner under section 16A.128 16A.1285.
(c) The renewal application must include information that
the applicant has met continuing education requirements
established by the commissioner by rule.
(d) At the time of renewal, the commissioner must have on
file all reports and permits for elevator shaft work conducted
by the licensee since the last license renewal.
Sec. 17. Minnesota Statutes 1994, section 103I.541,
subdivision 4, is amended to read:
Subd. 4. [RENEWAL.] (a) A person must file an application
and a renewal application fee to renew the registration by the
date stated in the registration.
(b) The renewal application fee shall be set by the
commissioner under section 16A.128 16A.1285.
(c) The renewal application must include information that
the applicant has met continuing education requirements
established by the commissioner by rule.
(d) At the time of the renewal, the commissioner must have
on file all well reports, well sealing reports, well permits,
and notifications for work conducted by the registered person
since the last registration renewal.
Sec. 18. Minnesota Statutes 1994, section 103I.541,
subdivision 5, is amended to read:
Subd. 5. [INCOMPLETE OR LATE RENEWAL.] If a registered
person submits a renewal application after the required renewal
date:
(1) the registered person must include an additional late
fee set by the commissioner under section 16A.128 16A.1285; and
(2) the registered person may not conduct activities
authorized by the monitoring well contractor's registration
until the renewal application, renewal application fee, late
fee, and all other information required in subdivision 4 are
submitted.
Sec. 19. Minnesota Statutes 1994, section 116C.834,
subdivision 1, is amended to read:
Subdivision 1. [COSTS.] All costs incurred by the state to
carry out its responsibilities under the compact and under
sections 116C.833 to 116C.843 shall be paid by generators of
low-level radioactive waste in this state through fees assessed
by the pollution control agency. The agency shall assess the
fees in the manner provided in section 16A.128 16A.1285. Fees
may be reasonably assessed on the basis of volume or degree of
hazard of the waste produced by a generator. Costs for which
fees may be assessed include, but are not limited to:
(a) the state contribution required to join the compact;
(b) the expenses of the Commission member and costs
incurred to support the work of the Interstate Commission;
(c) regulatory costs, including but not limited to costs of
adopting and enforcing regulations if the state enters into a
limited agreement with the United States Nuclear Regulatory
Commission to assume state regulation of transportation and
packaging, or disposal, of low-level radioactive wastes;
(d) siting costs of a low-level radioactive waste facility
under section 116C.842 and sections 116C.845 to 116C.848 to the
extent that the costs are reasonably attributable to waste
generated in this state; and
(e) any liability the state may incur as a party state to
the compact.
Sec. 20. Minnesota Statutes 1994, section 116J.63,
subdivision 2, is amended to read:
Subd. 2. Fees for reports, publications, or related
publicity or promotional material are not subject to the
rulemaking requirements of chapter 14 and are not subject to
sections 16A.128 and 16A.1281 section 16A.1285. The fees
prescribed by the commissioner must be commensurate with the
distribution objective of the department for the material
produced or with the cost of furnishing the services. All fees
for materials and services must be deposited in the general fund.
Sec. 21. Minnesota Statutes 1994, section 144.98,
subdivision 4, is amended to read:
Subd. 4. [FEES FOR LABORATORY PROFICIENCY TESTING AND
TECHNICAL TRAINING.] The commissioner of health may set fees for
proficiency testing and technical training services under
section 16A.128 16A.1285. Fees must be set so that the total
fees cover the direct costs of the proficiency testing and
technical training services, including salaries, supplies and
equipment, travel expenses, and attorney general costs
attributable to the fee function.
Sec. 22. Minnesota Statutes 1994, section 148B.17, is
amended to read:
148B.17 [FEES.]
Each board shall by rule establish fees, including late
fees, for licenses and renewals so that the total fees collected
by the board will as closely as possible equal anticipated
expenditures during the fiscal biennium, as provided in section
16A.128 16A.1285. Fees must be credited to accounts in the
special revenue fund.
Sec. 23. Minnesota Statutes 1994, section 161.1231,
subdivision 5, is amended to read:
Subd. 5. [FEES.] The commissioner shall establish and
collect fees for use of the parking facilities. The fees must
be established and adjusted in compliance with United States
Code, title 23, section 137, and are not subject to chapter 14,
including section 14.38, subdivisions 5 to 9, or 16A.128
16A.1285.
Sec. 24. Minnesota Statutes 1994, section 183.375,
subdivision 5, is amended to read:
Subd. 5. [FEES.] All fees collected by the division of
boiler inspection shall be paid into the state treasury in the
manner provided by law for fees received by other state
departments and credited to the general fund. When fees are to
be set by the commissioner, they shall be set pursuant to
section 16A.128 16A.1285.
Sec. 25. Minnesota Statutes 1994, section 183.411,
subdivision 2a, is amended to read:
Subd. 2a. [INSPECTION FEES.] The commissioner may set fees
for inspecting traction engines, show boilers, and show engines
pursuant to section 16A.128 16A.1285.
Sec. 26. Minnesota Statutes 1994, section 183.411,
subdivision 3, is amended to read:
Subd. 3. [LICENSES.] A license to operate steam farm
traction engines, portable and stationary show engines and
portable and stationary show boilers shall be issued to an
applicant who:
(a) is 18 years of age or older;
(b) has two licensed second class, grade A engineers or
steam traction engineers, or any combination thereof, cosign the
application; attesting to the applicant's competence in
operating said devices;
(c) passes a written test for competence in operating said
devices;
(d) has at least 25 hours of actual operating experience on
said devices; and
(e) pays the required fee.
A license shall be valid for the lifetime of the licensee.
A one time fee set by the commissioner pursuant to section
16A.128 16A.1285, shall be charged for the license.
Sec. 27. Minnesota Statutes 1994, section 183.545, is
amended to read:
183.545 [FEES FOR INSPECTION.]
Subdivision 1. [FEE AMOUNT; VESSELS.] The fees for the
inspection of the hull, boiler, machinery, and equipments of
vessels are to be set by the commissioner pursuant to section
16A.128 16A.1285, for vessels of 50 tons burden or over and
vessels of less than 50 tons burden.
Subd. 2. [FEE AMOUNTS; MASTERS AND PILOTS.] The
commissioner shall, pursuant to section 16A.128 16A.1285, set
the fee for an examination of an applicant for a master's or
pilot's license, for an annual renewal of a master's or a
pilot's license, and for an annual renewal if paid later than
ten days after expiration.
Subd. 3. [INSPECTION FEES.] The fees for the annual
inspection of boilers and biennial inspection of pressure
vessels are to be set by the commissioner pursuant to section
16A.128 16A.1285, for:
(a) boiler inaccessible for internal inspection;
(b) boiler accessible for internal inspection;
(c) boiler internal inspection over 2,000 square feet
heating surface;
(d) boiler internal inspection over 4,000 square feet
heating surface;
(e) boiler internal inspection over 10,000 square feet
heating surface;
(f) boiler accessible for internal inspection requiring
one-half day or more of inspection time shall be billed at the
established shop inspection fee rate;
(g) pressure vessel for internal inspection via manhole;
and
(h) pressure vessel inaccessible for internal inspection.
An additional fee based on the scale of fees applicable to
an inspection shall be charged when it is necessary to make a
special trip for a hydrostatic test of a boiler or pressure
vessel.
The commissioner shall, pursuant to section 16A.128
16A.1285, set shop inspection fees. Inspection time includes
all time related to the shop inspection.
Subd. 4. [APPLICANTS FEES.] The commissioner shall,
pursuant to section 16A.128 16A.1285, set the fee for an
examination of an applicant for the following licenses:
(a) chief engineer's license;
(b) first class engineer's license;
(c) second class engineer's license;
(d) special engineer's license;
(e) traction engineer's license; and
(f) pilot's license.
If an applicant, after an examination, is entitled to
receive a license, it shall be issued without the payment of any
additional charge. Any license so issued expires one year after
the date of its issuance. An engineer's license may be renewed
upon application therefor and the payment of an annual renewal
fee as set by the commissioner pursuant to section
16A.128 16A.1285.
Subd. 6. [NATIONAL BOARD INSPECTORS.] The fee for an
examination of an applicant for a national board of boiler and
pressure vessels inspectors commission shall be set by the
commissioner pursuant to section 16A.128 16A.1285.
Subd. 7. [NUCLEAR ENDORSEMENT.] The fee for each
examination of an applicant for a national board of boiler and
pressure vessels commissioned inspectors nuclear endorsement
shall be set by the commissioner pursuant to section
16A.128 16A.1285.
Subd. 8. [CERTIFICATE OF COMPETENCY.] The fee for issuance
of the original state of Minnesota certificate of competency for
inspectors shall be set by the commissioner pursuant to
section 16A.128 16A.1285. This fee is waived for inspectors who
paid the examination fee. The fee for an annual renewal of the
state of Minnesota certificate of competency shall be set by the
commissioner pursuant to section 16A.128 16A.1285, and is due
January 1 of each year.
Subd. 9. [DEPOSIT OF FEES.] Fees received under this
section and section 183.57 must be deposited in the state
treasury and credited to the general fund.
Sec. 28. Minnesota Statutes 1994, section 223.17,
subdivision 3, is amended to read:
Subd. 3. [GRAIN BUYERS AND STORAGE FUND; FEES.] The
commissioner shall set the fees for inspections under sections
223.15 to 223.22 at levels necessary to pay the expenses of
administering and enforcing sections 223.15 to 223.22. These
fees may be adjusted pursuant to the provisions of section
16A.128 16A.1285.
The fee for any license issued or renewed prior to June 30,
1984, is $100. The fee for any license issued or renewed after
June 30, 1984, shall be set according to the following schedule:
(a) $100 plus $50 for each additional location for grain
buyers whose gross annual purchases are less than $1,500,000;
(b) $200 plus $50 for each additional location for grain
buyers whose gross annual purchases are at least $1,500,000, but
not more than $3,000,000; and
(c) $300 plus $50 for each additional location for grain
buyers whose gross annual purchases are more than $3,000,000.
There is created in the state treasury the grain buyers and
storage fund. Money collected pursuant to sections 223.15 to
223.19 shall be paid into the state treasury and credited to the
grain buyers and storage fund and is appropriated to the
commissioner for the administration and enforcement of sections
223.15 to 223.22.
Sec. 29. Minnesota Statutes 1994, section 239.101,
subdivision 4, is amended to read:
Subd. 4. [SETTING WEIGHTS AND MEASURES FEES.] The
department shall review its schedule of inspection fees at the
end of each six months. When a review indicates that the
schedule of inspection fees should be adjusted, the commissioner
shall fix the fees by rule, in accordance with section
16A.128 16A.1285, to ensure that the fees charged are sufficient
to recover all costs connected with the inspections.
Sec. 30. Minnesota Statutes 1994, section 240A.03,
subdivision 10, is amended to read:
Subd. 10. [USE AGREEMENTS.] The commission may lease,
license, or enter into agreements and may fix, alter, charge,
and collect rentals, fees, and charges to persons for the use,
occupation, and availability of part or all of any premises,
property, or facilities under its ownership, operation, or
control. Fees charged by the commission are not subject to
section 16A.128 16A.1285. A use agreement may provide that the
other contracting party has exclusive use of the premises at the
times agreed upon.
Sec. 31. Minnesota Statutes 1994, section 299M.04, is
amended to read:
299M.04 [RULES; SETTING FEES.]
The commissioner shall adopt permanent rules for operation
of the council; regulation by municipalities; permit, filing,
inspection, certificate, and license fees; qualifications,
examination, and licensing of fire protection contractors;
certification of journeyman sprinkler fitters; registration of
apprentices; and the administration and enforcement of this
chapter. Fees must be set under section 16A.128 16A.1285.
Permit fees must be a percentage of the total cost of the fire
protection work.
Sec. 32. Minnesota Statutes 1994, section 326.47,
subdivision 6, is amended to read:
Subd. 6. [FILING AND INSPECTION FEES.] The department of
labor and industry must charge a filing fee set by the
commissioner under section 16A.128 16A.1285 for all applications
for permits to construct or install high pressure piping systems.
The fee for inspection of high pressure piping system
construction or installation shall be set by the commissioner
under section 16A.128 16A.1285. This subdivision does not apply
where a permit is issued by a municipality complying with
subdivision 2.
Sec. 33. Minnesota Statutes 1995 Supplement, section
326.50, is amended to read:
326.50 [APPLICATION; FEES.]
Application for an individual contracting pipefitter
competency or an individual journeyman pipefitter competency
license shall be made to the department of labor and industry,
with fees. The applicant shall be licensed only after passing
an examination by the department of labor and industry. Fees
and conditions for renewal of an individual contracting
pipefitter competency or an individual journeyman pipefitter
competency license shall be determined by the department by rule
under chapter 14 and section 16A.128 16A.1285.
Sec. 34. Minnesota Statutes 1994, section 326.86,
subdivision 1, is amended to read:
Subdivision 1. [LICENSING FEE.] The licensing fee for
persons licensed pursuant to sections 326.83 to 326.991 is $75
per year. The commissioner may adjust the fees under section
16A.128 16A.1285 to recover the costs of administration and
enforcement. The fees must be limited to the cost of license
administration and enforcement and must be deposited in the
state treasury and credited to the general fund. A fee of $25
will be charged for a duplicate license or an amended license
reflecting a change of business name, address, or qualifying
person.
Presented to the governor March 12, 1996
Signed by the governor March 13, 1996, 2:40 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes