Office of the Revisor of Statutes
Minnesota Session Laws - 1997, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 251-S.F.No. 1955
An act relating to legislative enactments; correcting
miscellaneous noncontroversial oversights,
inconsistencies, ambiguities, unintended results, and
technical errors; amending Minnesota Statutes 1996,
sections 115.55, subdivision 5, as amended; 124.918,
subdivision 1; 168B.07, subdivision 1, as amended;
171.041, as amended; 242.32, subdivision 4, as added;
256.9355, subdivision 4, as amended; 275.08, by adding
a subdivision; 290.9725, as amended; 295.52,
subdivision 7, as added; 297A.15, subdivision 7, as
amended; and 352.96, subdivision 2; Laws 1997, chapter
121, section 2; Senate File 1208, articles 3, sections
23 and 24; and 4, section 2, subdivision 7; Senate
File 1905, article 1, section 19; and Senate File
1908, article 1, section 3, subdivision 1; House File
1684, article 9, section 12, subdivision 6; House File
2158, article 1, sections 2, subdivision 2; 17,
subdivision 5; and 25; and House File 2163, articles
1, section 12; 2, section 52; 8, section 17; 9,
section 5, subdivision 2; and 16, sections 13,
subdivision 3; and 14, subdivisions 1 and 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1996, section 352.96,
subdivision 2, is amended to read:
Subd. 2. [PURCHASE OF SHARES.] The amount of compensation
so deferred may be used to purchase:
(1) shares in the Minnesota supplemental investment fund
established in section 11A.17;
(2) saving accounts in federally insured financial
institutions;
(3) life insurance contracts, fixed annuity and variable
annuity contracts from companies that are subject to regulation
by the commissioner of commerce; or
(4) a combination of (1), (2), or (3), as specified by the
participant.
The shares accounts or contracts purchased shall stand in
the name of the state or other employing unit, for the officer
or employee whose deferred compensation purchased the shares,
until distributed to the officer or employee in a manner agreed
upon by the employee and the executive director of the Minnesota
state retirement system, acting for the employer. This
subdivision does not authorize an employer contribution, except
as authorized in section 356.24, subdivision 1, paragraph (a),
clause (4) (5). The state, political subdivision, or other
employing unit is not responsible for any loss that may result
from investment of the deferred compensation.
Sec. 2. [CORRECTION 1.] Laws 1997, chapter 121, section 2,
is amended to read:
Sec. 2. [EFFECTIVE DATE.]
Section 1 applies to the calculation of interest on and
after August 1, 1996 1997, on deposits held or received on or
after that date.
Sec. 3. [CORRECTION 2.]
Laws 1997, chapter 32, is effective April 17, 1997.
Sec. 4. [CORRECTION 5.] Minnesota Statutes 1996, section
168B.07, subdivision 1, as amended by Laws 1997, chapter 108,
section 4, is amended to read:
Subdivision 1. [PAYMENT OF CHARGES.] The owner or any
lienholder of an impounded vehicle shall have a right to reclaim
such vehicle from the unit of government or impound lot operator
taking it into custody upon payment of all towing and storage
charges resulting from taking the vehicle into custody within 25
15 or 45 days, as applicable under section 168B.051, subdivision
1, 1a, or 2, after the date of the notice required by section
168B.06.
Sec. 5. [CORRECTION 6.] 1997 H.F. No. 2158, article 1,
section 2, subdivision 2, if enacted, is amended to read:
Subd. 2. Business and Community
Development
35,963,000 20,977,000
$7,017,000 the first year and
$6,017,000 the second year is for
Minnesota investment fund grants. Of
this appropriation, $3,000,000 the
first year and $2,000,000 the second
year are one-time appropriations and
may not be added to the budget base for
the biennium ending June 30, 2001. Of
this one-time appropriation $1,000,000
the first year is for a single grant
recipient, to be identified by the
commissioner, notwithstanding the
monetary limitation under Minnesota
Statutes, section 116J.8731,
subdivision 5. This amount may not be
added to the agency's budget base.
This amount is available until June 30,
1999.
$450,000 the first year and $450,000
the second year is for grants to
Advantage Minnesota, Inc. The funds
are available only if matched on at
least a dollar-for-dollar basis from
other sources. The commissioner may
release the funds only upon:
(1) certification that matching funds
from each participating organization
are available; and
(2) review and approval by the
commissioner of the proposed operations
plan of Advantage Minnesota, Inc. for
the biennium.
$7,418,000 the first year and
$7,918,000 the second year is for the
job skills partnership program. If the
appropriation for either year is
insufficient, the appropriation for the
other year is available. This
appropriation does not cancel. Of this
amount, $1,500,000 the first year and
$2,000,000 the second year is for the
Pathways program under Minnesota
Statutes, section 116L.04, subdivision
1a.
$250,000 the first year is for a grant
from the department of trade and
economic development to the Software
Technology Center to broaden
industry-related educational and
technological services. This
appropriation is available upon
documentation of a dollar-for-dollar
match from other sources since the
inception of the Software Technology
Center. This is a one-time
appropriation and must not be included
in the budget base for the biennium
ending June 30, 2001.
$100,000 the first year is for a
one-time grant to the Duluth Technology
Center. This appropriation is
available until June 30, 1999.
$25,000 the first year is for a
one-time grant to the city of New
London for improvements to the Little
Theatre. This appropriation is
available when the city matches the
appropriation with $25,000 from
nonstate sources.
$750,000 the first year is for one or
more grants to the Minnesota Futures
Fund administered by the Minneapolis
Foundation. The Minneapolis Foundation
shall use these grants to provide
technical assistance grants to
nonprofit organizations to assist them
in redesigning services and
organizational structures in response
to changes in federal and state welfare
policy. The commissioner shall make
the grants in amounts necessary to
match nonpublic contributions to the
fund on a dollar-for-dollar basis.
This appropriation is available until
June 30, 1999. This is a one-time
appropriation and may not be included
in the budget base for the biennium
ending June 30, 2001.
$35,000 the first year is for a
one-time appropriation to the Fairfax
economic development authority for roof
replacement. This appropriation is
available until June 30, 1999.
$2,000,000 the first year is for a
one-time grant to the city of Brooklyn
Center to redevelop the Brookdale
regional center and provide
opportunities for economic development
at or near the center. The grant must
be used to assist the city in
constructing a series of storm water
retention ponds that will facilitate
the redevelopment and economic
development of the center and nearby
property. The grant must be on terms
and conditions determined by the
commissioner. The grant must be
matched by city resources that equal at
least 25 percent of the grant.
$650,000 the first year is for the
taconite mining grant program under
Minnesota Statutes, section 116J.992.
This appropriation is available until
June 30, 1999. This is a one-time
appropriation and may not be included
in the budget base for the biennium
ending June 30, 2001.
$95,000 the first year and $95,000 the
second year is for grants to county and
district agricultural societies and
associations that are eligible to
receive aid under Minnesota Statutes,
section 38.02. The commissioner shall
spend this appropriation as grants of
$1,000 for each fair conducted by such
a county and district agricultural
society and association in each year.
$3,000,000 the first year is for a
grant to develop a direct reduction
iron-processing facility in Minnesota.
This appropriation is available until
June 30, 1999. This is a one-time
appropriation and may not be included
in the budget base for the biennium
ending June 30, 2001.
$500,000 the first year is for
technical assistance under Minnesota
Statutes, section 116J.8745. This
appropriation is available until June
30, 1999.
$4,444,000 the first year is for state
matching money for federal grants to
capitalize the drinking water revolving
loan fund under Minnesota Statutes,
section 446A.081. The expenditure is
limited to the minimum amount necessary
to match the allotment of federal money
to Minnesota. This is a one-time
appropriation and must not be included
in the budget base for the biennium
ending June 30, 2001.
$25,000 the first year is for a
one-time grant to the city of St. Paul
to improve, beautify, and enhance
marked trunk highway No. 5 from
Minneapolis-St.Paul international
airport to interstate highway No.
35-E. Enhancements may include, among
other things, landscaping, historical
lighting, and signing.
$100,000 the first year is for a
one-time grant to the city of Grey
Eagle for construction of a wastewater
treatment plant.
$526,000 the first year and $537,000
the second year is from fees collected
under Minnesota Statutes, section
446A.04, subdivision 5, to administer
the programs of the public facilities
authority.
$125,000 the first year is for a
one-time demonstration project grant to
the city of Newport for the city to
conduct a study of the economic impact
on the city resulting from regional
infrastructure improvement projects.
The city may retain consultants and
enter into contracts it considers
desirable to conduct the study. The
elements of the study must include an
alternate economic use study, a fiscal
impact study, an infrastructure impact
study, and a traffic impact study. The
grant is available only to the extent
that the city provides in-kind
resources or money that provides a
one-to-one match of the grant.
$100,000 the first year is for a grant
to the Minnesota Organization for
Global Professional Assignments, an
independent, nonprofit corporation, for
a program that creates opportunities
for the international professional
development of Minnesota college
graduates and Minnesota college seniors
interested in pursuing careers with
multinational businesses. This is a
one-time appropriation. The
appropriation is available for the
fiscal year ending June 30, 1998.
$100,000 the first year and $100,000
the second year is for one-time grants
to the city of New Brighton, as project
coordinator and fiscal agent of the
seven-city coalition, for the
multicommunity business retention and
market expansion project and related
planning efforts linking geographical
information systems, contaminated land
remediation, land use planning,
transportation corridor study,
integration of existing housing stock,
subregional transit and reverse commute
coordination, employment densities, job
training and welfare reform placement
coordination, and commercial and
industrial development. The coalition
shall share all results and written
reports with the department of trade
and economic development.
$2,000,000 the first year is for
transfer to the rural policy and
development center fund. This
appropriation does not cancel. This is
a one-time appropriation and may not be
included in the agency's budget base
for the biennium ending June 30, 2001.
$250,000 the first year and $250,000
the second year is for grants to the
board of the rural policy and
development center for operation of the
center.
$130,000 the first year and $155,000
the second year is for grants to the
metropolitan economic development
association.
$240,000 the first year and $265,000
the second year is for grants to
WomenVenture.
WomenVenture and the metropolitan
economic development association must,
in the first year, develop contacts and
relationships with the regional
initiatives selected under Minnesota
Statutes, section 116J.415, subdivision
3, and a plan to deliver their services
statewide. In the second year, they
must generally offer their services
statewide.
$500,000 the first year and $500,000
the second year is for grants to the
St. Paul rehabilitation center for its
current programs, including those
related to developing job-seeking
skills and workplace orientation,
intensive job development, functional
work English, and on-site job coaching.
$250,000 in the first year is for a
one-time grant to the Morrison county
rural development finance authority
established under Laws 1982, chapter
437. The authority must use the grant
only for capital improvements to a
paper and wood products manufacturer in
the county primarily for the purposes
of facility upgrading and expansion of
the manufacturer's capability to
utilize recycled wastepaper as a fiber
source. Minnesota Statutes, section
116J.991, applies to the grant.
$200,000 the first year is for an
agreement with the Judy Garland
Children's Museum to assist in the
design and construction of a children's
museum. This amount must be matched by
at least $1,275,000 from nonstate
sources committed by June 30, 1998.
This is a one-time appropriation and
may not be added to the agency's budget
base in future biennia.
Notwithstanding Minnesota Statutes,
section 116J.8731, or any other law to
the contrary, the commissioner shall,
in the commissioner's considerations on
Minnesota investment fund grants in
fiscal year 1998, strongly consider an
application for a $250,000 grant to the
Morrison county rural development
authority established under Laws 1982,
chapter 437, for capital improvements
to a paper and wood products
manufacturer in Morrison county
primarily for the purposes of facility
upgrading and expansion of the
manufacturer's capability to utilize
recycled wastepaper as a fiber source,
thereby achieving the purpose of job
enhancement, stability, and
preservation. As part of this
consideration, the commissioner shall
confer with the manufacturer, inspect
the manufacturer's facilities, and
conduct an analysis of the
manufacturer's business plan and its
previous and proposed efforts to
achieve these purposes. The
commissioner shall strongly consider
approving the grant application unless
the commissioner determines that the
grant will not significantly contribute
to achieving these purposes. The
commissioner must make a determination
on this application by December 1, 1997.
$45,000 the first year is for a
one-time grant to the Upper Minnesota
Valley River regional development
commission for development of design
specifications and architectural plans
for a regional visitors center, to be
built on the upper segment of the
Minnesota river corridor within the
designated scenic byway area and in
conjunction with the development of the
Minnesota river corridor trail. This
appropriation is available until June
30, 1999.
$100,000 the first year and $100,000
the second year is for grants to create
and operate community development
corporations under Minnesota Statutes,
section 116J.982, that target
Asian-Pacific Minnesotans. One must be
in Hennepin county and one must be in
Ramsey county.
$80,000 the first year and $80,000 the
second year is for one-time grants to
the greater metropolitan area foreign
trade zone commission for the purpose
of promoting foreign trade zones in
Minnesota.
Sec. 6. [CORRECTION 6A.] 1997 H.F. No. 2158, article 1,
section 17, subdivision 5, if enacted, is amended to read:
Subd. 5. Energy
3,646,000 3,711,000
$588,000 each year is for transfer to
the energy and conservation account
established in Minnesota Statutes,
section 216B.241, subdivision 2a, for
programs administered by the
commissioner of economic security
children, families, and learning to
improve the energy efficiency of
residential oil-fired heating plants in
low-income households and, when
necessary, to provide weatherization
services to the homes.
Sec. 7. [CORRECTION 6B.] 1997 H.F. No. 2158, article 1,
section 25, if enacted, is amended to read:
Sec. 25. LEGISLATURE 50,000
This appropriation is from the general
fund and is to be added to any other
appropriation made in the 1997
legislative session to the
legislature. This appropriation is for
the office of the legislative auditor
for a study and program evaluation of
the public utilities commission. The
study shall include, among other
things, (1) state functions relating to
public utility regulation assigned to
the commission, department of public
service, and office of the attorney
general, and methods of increasing
efficiency and avoiding unnecessary
duplication of effort in carrying out
these functions, and (2) the future
role of the commission in public
utility regulation and public service
during a time of increasing
deregulation of utilities. The
legislative auditor shall present an
interim report to the legislature on
the study by January 15, 1998, and
present a final report to the
legislature on the study by February 1,
1999. This appropriation is available
until June 30, 1999.
Sec. 8. [CORRECTION 9.] 1997 H.F. No. 2163, article 8,
section 17, if enacted, is amended to read:
Sec. 17. [SALES OF LANDS BY SCOTT COUNTY; AGGREGATE
MATERIALS.]
Minerals subject to reservation by Scott county under
Minnesota Statutes, section 373.01, subdivision 1,
clause (1) (4), do not include minerals defined as aggregate
material by Minnesota Statutes, section 298.75, subdivision 1,
that are present in and upon the following described property:
All that part of the East Half of the Southwest Quarter in
Section 33, Township 115, Range 23, Scott County MN; which lies
westerly of the westerly right of way line of the Chicago, St.
Paul, Minneapolis, and Omaha Railway Company (Chicago and
NorthWestern Railway),
Together with all that part of the East Half of the
Southwest Quarter of Section 33, Township 115, Range 23, Scott
County, MN; lying easterly of the easterly right of way line of
the Chicago, St. Paul, Minneapolis and Omaha Railway Company
(Chicago and NorthWestern Railway); and all that part of the
West Half of the Southeast Quarter of said Section 33 lying
westerly of the westerly right of way line of the Minneapolis
and St. Louis Railroad; excepting therefrom the following
described parcel:
EXCEPTION:
Commencing at the Southwest corner of the Southeast Quarter
of said Section 33; thence on an assumed bearing of North
87 degrees 25 minutes 08 seconds East along the South line
of said Southeast Quarter a distance of 501.49 feet; thence
North 02 degrees 24 minutes 52 seconds West a distance of
750.00 feet; thence South 87 degrees 12 minutes 56 seconds
East a distance of 750.00 feet; thence South 02 degrees 34
minutes 52 seconds East a distance of 750.00 feet to the
South line of said East Half of the Southwest Quarter;
thence North 86 degrees 48 minutes 19 seconds East along
said South line of the East Half of the Southwest Quarter a
distance of 248.52 feet to the point of beginning.
Together with Tract A, Registered Land Survey Number 86;
and Tract C, Registered Land Survey Number 136; as filed in the
office of the Registrar of Titles, Scott County, Minnesota.
The county may sell, lease, or convey the property and
except the aggregate material from the mineral reservation
required by Minnesota Statutes, section 373.01, subdivision 1,
and it may lease the aggregate material upon conditions
different from those prescribed by that subdivision.
Sec. 9. [CORRECTION 10.] Minnesota Statutes 1996, section
242.32, subdivision 4, as added by 1997 S.F. No. 1880, article
9, section 17, is amended to read:
Subd. 4. [EXCEPTION.] This section does not apply to a
privately operated facility licensed by the commissioner in Rock
county, Minnesota. Up to 32 beds constructed and operated by a
privately operated facility licensed by the commissioner in Rock
County, Minnesota, for long-term residential secure programming
do not count toward the 100-bed limitation in subdivision 3. The
100-bed limitation in subdivision 3 does not apply to up to 32
beds constructed and operated for long-term residential secure
programming by a privately operated facility licensed by the
commissioner in Rock county, Minnesota.
Sec. 10. [CORRECTION 12.] 1997 H.F. No. 2163, article 16,
section 13, subdivision 3, if enacted, is amended to read:
Subd. 3. [DEPOSIT OF REVENUES.] All revenues from the tax
are for the use of the Ramsey county board of commissioners and
must be deposited in the county's environmental response fund
under section 383B.81 383A.81.
Sec. 11. [CORRECTION 12A.] 1997 H.F. No. 2163, article 16,
section 14, subdivision 1, if enacted, is amended to read:
Subdivision 1. [CREATION.] An environmental response fund
is created for the purposes specified in this section. The
taxes imposed by section 383B.80 383A.80 must be deposited in
the fund. The board of county commissioners shall administer
the fund either as a county board, a housing and redevelopment
authority, or a regional rail authority.
Sec. 12. [CORRECTION 12B.] 1997 H.F. No. 2163, article 16,
section 14, subdivision 4, if enacted, is amended to read:
Subd. 4. [BONDS.] The county may pledge the proceeds from
the taxes imposed by section 383B.80 383A.80 to bonds issued
under this chapter and chapters 398A, 462, 469, and 475.
Sec. 13. [CORRECTION 13.] Minnesota Statutes 1996, section
290.9725, as amended by 1997 H.F. No. 2163, article 6, section
17, if enacted, is amended to read:
290.9725 [S CORPORATION.]
For purposes of this chapter, the term "S corporation"
means any corporation having a valid election in effect for the
taxable year under section 1362 of the Internal Revenue Code,
except that a corporation which either:
(1) is a financial institution to which either section 585
or section 593 of the Internal Revenue Code applies; or
(2) has a wholly owned subsidiary as described in section
1361(b)(3)(B) of the Internal Revenue Code which is a financial
institution as described above
is not an "S" corporation for the purposes of this chapter. An
S corporation shall not be subject to the taxes imposed by this
chapter, except the taxes imposed under sections 290.0922,
290.92, 290.9727, 290.9728, and 290.9729.
Sec. 14. [CORRECTION 14.] 1997 S.F. No. 1905, article 1,
section 19, if enacted, is amended to read:
Sec. 19. VETERANS AFFAIRS 21,594,000 4,324,000
$231,000 the first year and $232,000
the second year are for grants to
county veterans offices for training of
county veterans service officers.
$1,544,000 the first year and
$1,544,000 the second year are for
emergency financial and medical needs
of veterans. If the appropriation for
either year is insufficient, the
appropriation for the other year is
available for it.
With the approval of the commissioner
of finance, the commissioner of
veterans affairs may transfer the
unencumbered balance from the veterans
relief program to other department
programs during the fiscal year.
Before the transfer, the commissioner
of veterans affairs shall explain why
the unencumbered balance exists. The
amounts transferred must be identified
to the chairs of the senate
governmental operations budget
committee and the house governmental
operations committee division on state
government finance.
$250,000 $275,000 the first year and
$250,000 $275,000 the second year are
for a grant to the Vinland National
Center.
$110,000 is for a matching grant for a
memorial to be constructed in the city
of Park Rapids to honor veterans from
all wars involving armed forces of the
United States. In-kind donations may
be used for the nonstate match. The
appropriation does not expire and is
available until expended. $10,000 of
this amount is for administrative costs.
$110,000 the first year is to make a
grant to the Red Tail Project of the
Southern Minnesota Wing of the
Confederate Air Force and Tuskeegee
Airmen, Inc., to restore a P-51C
Mustang World War II fighter plane to
honor the airmen known as the
"Tuskeegee Airmen." The appropriation
must be matched by nonstate
contributions to the project. $10,000
of this amount is for administrative
costs.
$17,090,000 the first year is to make
bonus payments authorized under
Minnesota Statutes, section 197.79.
The appropriation may not be used for
administrative purposes. The
appropriation does not expire until the
commissioner acts on all applications
submitted under Minnesota Statutes,
section 197.79.
$250,000 the first year and $250,000
the second year are to administer the
bonus program established under
Minnesota Statutes, section 197.79.
The appropriation does not expire until
the commissioner acts on all the
applications submitted under Minnesota
Statutes, section 197.79.
Sec. 15. [CORRECTION 15.] 1997 S.F. No. 1908, article 1,
section 3, subdivision 1, if enacted, is amended to read:
Subdivision 1. Total
Appropriation 72,642,000 71,996,000
Summary by Fund
General 50,589,000 49,733,000
Metropolitan
Landfill Contingency
Action Fund 193,000 193,000
State Government
Special Revenue 21,860,000 22,070,000
Minnesota Resources 150,000 -0-
[LANDFILL CONTINGENCY.] The
appropriation from the metropolitan
landfill contingency action fund is for
monitoring well water supplies and
conducting health assessments in the
metropolitan area.
Sec. 16. [CORRECTION 16.] 1997 H.F. No. 2163, article 2,
section 52, if enacted, is amended to read:
Sec. 52. [273.11] [Subd. 19.] [VALUATION EXCLUSION FOR
IMPROVEMENTS TO CERTAIN
BUSINESS PROPERTY.]
Property classified under Minnesota Statutes, section
273.13, subdivision 24, which is eligible for the preferred
class rate on the market value up to $150,000, shall qualify for
a valuation exclusion for assessment purposes, provided all of
the following conditions are met:
(1) the building must be at least 50 years old at the time
of the improvement or damaged by the 1997 floods;
(2) the building must be located in a city or town with a
population of 10,000 or less that is located outside the
seven-county metropolitan area, as defined in section 473.121,
subdivision 2;
(3) the total estimated market value of the land and
buildings must be $100,000 or less prior to the improvement and
prior to the damage caused by the 1997 floods;
(4) the current year's estimated market value of the
property must be equal to or less than the property's estimated
market value in each of the two previous years' assessments;
(5) a building permit must have been issued prior to the
commencement of the improvement, or if the building is located
in a city or town which does not have a building permit process,
the property owner must notify the assessor prior to the
commencement of the improvement;
(6) the property, including its improvements, has received
no public assistance, grants or financing except, that in the
case of property damaged by the 1997 floods, the property is
eligible to the extent that the flood losses are not reimbursed
by insurance or any public assistance, grants, or financing;
(7) the property is not receiving a property tax abatement
under section 469.1813; and
(8) the improvements are made after the effective date of
this act and prior to January 1, 1999.
The assessor shall estimate the market value of the
building in the assessment year immediately following the year
that (1) the building permit was taken out, or (2) the taxpayer
notified the assessor that an improvement was to be made. If
the estimated market value of the building has increased over
the prior year's assessment, the assessor shall note the amount
of the increase on the property's record, and that amount shall
be subtracted from the value of the property in each year for
five years after the improvement has been made, at which time an
amount equal to 20 percent of the excluded value shall be added
back in each of the five subsequent assessment years.
For any property, there can be no more than two
improvements qualifying for exclusion under this subdivision.
The maximum amount of value that can be excluded from any
property under this subdivision is $50,000.
The assessor shall require an application, including
documentation of the age of the building from the owner, if
unknown by the assessor. Applications must be received prior to
July 1 of any year in order to be effective for taxes payable in
the following year.
For purposes of this subdivision, "population" has the same
meaning given in Minnesota Statutes, section 477A.011,
subdivision 3.
Sec. 17. [CORRECTION 17.] Minnesota Statutes 1996, section
115.55, subdivision 5, as amended by 1997 H.F. No. 244, section
3, if enacted, is amended to read:
Subd. 5. [INSPECTION.] (a) An inspection shall be required
for all new construction or replacement of a system to determine
compliance with agency rule or local standards. The manner and
timing of inspection may be determined by the applicable local
ordinance. The inspection requirement may be satisfied by a
review by the designated local official of video, electronic,
photographic, and or other evidence of compliance provided by
the installer.
(b) Except as provided in subdivision 5b, paragraph (b), a
local unit of government may not issue a building permit or
variance for the addition of a bedroom on property served by a
system unless the system is in compliance with the applicable
requirements, as evidenced by a certificate of compliance issued
by a licensed inspector or site evaluator or designer. A local
unit of government may temporarily waive the certificate of
compliance requirement for a building permit or variance for
which application is made during the period from November 1 to
April 30, provided that an inspection of the system is performed
by the following June 1 and the applicant submits a certificate
of compliance by the following September 30. This paragraph
does not apply if the local unit of government does not have an
ordinance requiring a building permit to add a bedroom.
(c) A certificate of compliance for an existing system is
valid for three years from the date of issuance unless the local
unit of government finds evidence of an imminent threat to
public health or safety requiring removal and abatement under
section 145A.04, subdivision 8.
(d) A certificate of compliance for a new system is valid
for five years from the date of issuance unless the local unit
of government finds evidence of an imminent threat to public
health or safety requiring removal and abatement under section
145A.04, subdivision 8.
(e) A licensed inspector who inspects an existing system
may subsequently design and install a new system for that
property, provided the inspector is licensed to install
individual sewage treatment systems.
Sec. 18. [CORRECTION 18.] Subdivision 1. Minnesota
Statutes 1996, section 124.918, subdivision 1, is amended to
read:
Subdivision 1. [CERTIFY LEVY LIMITS.] (a) By September 8,
the commissioner shall notify the school districts of their levy
limits. The commissioner shall certify to the county auditors
the levy limits for all school districts headquartered in the
respective counties together with adjustments for errors in
levies not penalized pursuant to section 124.918, subdivision 3,
as well as adjustments to final pupil unit counts. A school
district may require the commissioner to review the
certification and to present evidence in support of modification
of the certification.
The county auditor shall reduce levies for any excess of
levies over levy limitations pursuant to section 275.16. Such
reduction in excess levies may, at the discretion of the school
district, be spread over two calendar years.
(b) As part of the commissioner's certification under
paragraph (a), the commissioner shall certify the amount by
which a district's levy for its general fund was reduced under
subdivision 8.
Subd. 2. Subdivision 1 is effective if 1997 H.F. No. 2163
is enacted, for taxes levied in 1997, payable in 1998, and
thereafter.
Sec. 19. [CORRECTION 18A.] Subdivision 1. Minnesota
Statutes 1996, section 275.08, is amended by adding a
subdivision to read:
Subd. 1e. [EDUCATION HOMESTEAD CREDIT TAX RATE
ADJUSTMENT.] The amounts certified under section 124.918,
subdivision 1, paragraph (b), shall be divided by the total net
tax capacity of all taxable properties within a school
district's taxing jurisdiction. The resulting ratio is a school
district's education homestead credit tax rate adjustment.
Subd. 2. Subdivision 1 is effective if 1997 H.F. No. 2163
is enacted, for taxes levied in 1997, payable in 1998, and
thereafter.
Sec. 20. [CORRECTION 18B.] Subdivision 1. 1997 H.F. No.
2163, article 1, section 12, if enacted, is amended to read:
Sec. 12. [273.1382] [EDUCATION HOMESTEAD CREDIT.]
Subdivision 1. [EDUCATION HOMESTEAD CREDIT.] Each year,
beginning with property taxes payable in 1998, the respective
county auditors shall determine the local tax rate for each
school district for the general education levy certified under
section 124A.23, subdivision 2 or 3. That rate plus the school
district's education homestead credit tax rate adjustment under
section 275.08, subdivision 1e, shall be the general education
homestead credit local tax rate for the district. The auditor
shall then determine a general education homestead credit for
each homestead within the county equal to 32 percent of the
general education homestead credit local tax rate times the net
tax capacity of the homestead for the taxes payable year. The
amount of general education homestead credit for a homestead may
not exceed $225. In the case of an agricultural homestead, only
the net tax capacity of the house, garage, and surrounding one
acre of land shall be used in determining the property's
education homestead credit.
Subd. 2. Subdivision 1 is effective for taxes levied in
1997, payable in 1998, and thereafter.
Sec. 21. [CORRECTION 19.] Minnesota Statutes 1996, section
297A.15, subdivision 7, as amended by H.F. No. 2163, article 7,
section 10, if enacted, is amended to read:
Subd. 7. [REFUND; APPROPRIATION; ADULT AND JUVENILE
CORRECTIONAL FACILITIES.] If construction materials and supplies
described in section 297A.25, subdivision 63 65, are purchased
by a contractor, subcontractor, or builder as part of a lump-sum
contract or similar type of contract with a price covering both
labor and materials for use in the project, a refund equal to
the taxes paid by the contractor, subcontractor, or builder must
be paid to the governmental subdivision. The tax must be
imposed and collected as if the sales were taxable and the rate
under section 297A.02, subdivision 1, applied. An application
for refund must be submitted by the governmental subdivision and
must include sufficient information to permit the commissioner
to verify the sales taxes paid for the project. The contractor,
subcontractor, or builder must furnish to the governmental
subdivision a statement of the cost of the construction
materials and supplies and the sales taxes paid on them. The
amount required to make the refunds is annually appropriated to
the commissioner. Interest must be paid on the refund at the
rate in section 270.76 from 60 days after the date the refund
claim is filed with the commissioner.
Sec. 22. [CORRECTION 20.] 1997 H.F. No. 1684, article 9,
section 12, subdivision 6, if enacted, is amended to read:
Subd. 6. [ELECTRONIC CURRICULUM RESOURCE.] For support of
electronic curriculum development:
$4,000,000 ..... 1998
Of this amount, $2,700,000 is for the electronic curriculum
resource under section 5, $1,000,000 of which is for the
collaborative arts project in section 5, subdivision 1,
paragraph (c), clause (5) (6).
Of this amount, $300,000 is for the purposes of the Gopher
Biology Shareware Project under section 5, subdivision 1,
paragraph (c), clause (1).
Sec. 23. [CORRECTION 21.] 1997 H.F. No. 2163, article 9,
section 5, subdivision 2, if enacted, is amended to read:
Subd. 2. [PROPERTY TAX REFORM ACCOUNT.] $46,000,000 is
appropriated to the property tax reform account from the general
fund for fiscal year 2000 1998.
Sec. 24. [CORRECTION 22.] Minnesota Statutes 1996, section
171.041, as amended by Laws 1997, chapter 48, section 1, as
amended by 1997 H.F. No. 241, section 6, if enacted, is amended
to read:
171.041 [RESTRICTED LICENSES FOR FARM WORK.]
Notwithstanding any provisions of section 171.04 relating
to the age of an applicant to the contrary, the commissioner may
issue a restricted farm work license to operate a motor vehicle
to a person who has attained the age of 15 years but who is
under the age of 16 years and who, except for age, is qualified
to hold a driver's license. The applicant is not required to
comply with the six-month instruction permit possession
provisions of sections 171.04, subdivision 1, clause (2), and
171.05, subdivision 2a. The restricted license shall be issued
solely for the purpose of authorizing the person to whom the
restricted license is issued to assist the person's parents or
guardians with farm work. A person holding this restricted
license may operate a motor vehicle only during daylight hours
and only within a radius of 20 miles of the parent's or
guardian's farmhouse; however, in no case may a person holding
the restricted license operate a motor vehicle in a city of the
first class. An applicant for a restricted license shall apply
to the commissioner for the license on forms prescribed by the
commissioner. The application shall be accompanied by:
(1) a copy of a property tax statement showing that
the applicant applicant's parent or guardian owns land that is
classified as agricultural land or a copy of a rental statement
or agreement showing that the applicant applicant's parent or
guardian rents land classified as agricultural land; and
(2) by a written verified statement by the applicant's
parent or guardian setting forth the necessity for the license.
Sec. 25. [CORRECTION 23.] Minnesota Statutes 1996, section
171.041, as amended by Laws 1997, chapter 48, section 1, as
amended by 1997 H.F. No. 241, section 6, if enacted, is amended
to read:
171.041 [RESTRICTED LICENSES FOR FARM WORK.]
Notwithstanding any provisions of section 171.04 relating
to the age of an applicant to the contrary, the commissioner may
issue a restricted farm work license to operate a motor vehicle
to a person who has attained the age of 15 years but who is
under the age of 16 years and who, except for age, is qualified
to hold a driver's license. The applicant is not required to
comply with the six-month instruction permit possession
provisions of sections 171.04, subdivision 1, clause (2), and
171.05, subdivision 2a. The restricted license shall be issued
solely for the purpose of authorizing the person to whom the
restricted license is issued to assist the person's parents or
guardians with farm work. A person holding this restricted
license may operate a motor vehicle only during daylight hours
and only within a radius of 20 miles of the parent's or
guardian's farmhouse; however, in no case may a person holding
the restricted license operate a motor vehicle in a city of the
first class. An applicant for a restricted license shall apply
to the commissioner for the license on forms prescribed by the
commissioner. The application shall be accompanied by:
(1) a copy of a property tax statement showing that the
applicant owns land that is classified as agricultural land or a
copy of a rental statement or agreement showing that the
applicant rents land classified as agricultural land; and
(2) by a written verified statement by the applicant's
parent or guardian setting forth the necessity for the license.
Sec. 26. [CORRECTION 24.] Minnesota Statutes 1996, section
256.9355, subdivision 4, as amended by 1997 S.F. No. 1208,
article 1, section 10, if enacted, is amended to read:
Subd. 4. [APPLICATION PROCESSING.] The commissioner of
human services shall determine an applicant's eligibility for
MinnesotaCare no more than 30 days from the date that the
application is received by the department of human services.
Beginning July January 1, 2000, this requirement also applies to
local county human services agencies that determine eligibility
for MinnesotaCare.
Sec. 27. [CORRECTION 24A.] Minnesota Statutes 1996,
section 295.52, subdivision 7, as added by 1997 S.F. No. 1208,
article 3, section 13, if enacted, is amended to read:
Subd. 7. [TAX REDUCTION.] Notwithstanding subdivisions 1,
1a, 2, 3, and 4, the tax imposed under this section for calendar
years 1998 and 1999 shall be equal to 1.5 percent of the gross
revenues received on or after January 1, 1998, and before
January 1, 2000. The commissioner shall extend the reduced tax
rate of 1.5 percent for gross revenues received on or after
January 1, 2000, and before January 1, 2002, if the commissioner
of finance determines that the health care access fund
structural balance projected for fiscal year 2001 will remain
positive, prior to any increase of the one percent premium tax
under section 60A.15, subdivision 1, paragraph (h), and prior to
any tax expenditures related to the increase in the maximum tax
credit for research expenses under section 295.53, subdivision 4
4a, as amended by this act.
Sec. 28. [CORRECTION 24B.] 1997 S.F. No. 1208, article 3,
section 23, if enacted, is amended to read:
Sec. 23. [REPEALER.]
(a) Minnesota Statutes 1996, sections 295.52, subdivision
1b; and 295.53, subdivision 5, are repealed.
(b) Laws 1997, chapters 31, article 4; and 84, article 4,
are repealed. Notwithstanding Minnesota Statutes, section
645.34, the sections of statutes amended by the laws repealed
under this paragraph remain in effect as if not so
amended. chapter 31, article 4, is repealed. Notwithstanding
Minnesota Statutes, section 645.34, the sections of statutes
amended by Laws 1997, chapter 31, article 4, remain in effect as
if not amended.
(c) Laws 1997, chapter 84, article 4, is repealed.
Notwithstanding Minnesota Statutes, section 645.34, the sections
of statutes amended by Laws 1997, chapter 84, article 4, remain
in effect as if not amended.
Sec. 29. [CORRECTION 24C.] 1997 S.F. No. 1208, article 3,
section 24, if enacted, is amended to read:
Sec. 24. [EFFECTIVE DATES.]
Section 2, subdivision 1, paragraph (f), is effective for
payments, revenues, and reimbursements received from the federal
government on or after December 31, 1996.
Sections 1 and 3 are effective July 1, 1997.
Sections 4, 5, 6, 9 to 13, 15, and 19 are effective for
gross revenues received after December 31, 1997.
Section 14, subdivision 1, paragraph (a), clause (6), and
paragraph (b) are effective the day following final enactment.
Section 14, paragraph (a), clause (17), is effective for gross
revenues received for hearing aids and related equipment or
prescription eyewear after December 31, 1997.
Section 18 is effective January 1, 1998. Section 21,
paragraph (a), is effective January 1, 1998.
Section 20 is effective for estimated payments due after
July 1, 1997.
Sections 7, 8, and 21, paragraphs (c) and (d), are
effective the day following final enactment.
Section 16 is effective for research expenditures incurred
after December 31, 1995. Section 17 is effective for research
expenditures incurred after December 31, 1999.
Section 23, paragraph (a), is effective January 1, 1998.
Section 23, paragraph (b), is effective retroactively to April
15, 1997. Section 23, paragraph (c), is effective the day
following final enactment.
Sec. 30. [CORRECTION 24D.] 1997 S.F. No. 1208, article 4,
section 2, subdivision 7, if enacted, is amended to read:
Subd. 7. [COST SHARING.] (a) Enrollees shall pay an annual
premium of $120.
(b) Program enrollees must satisfy a $300 annual
deductible, based upon expenditures for prescription drugs, to
be paid as follows:
(1) $25 monthly deductible for persons with a monthly
spenddown; or
(2) $150 biannual deductible for persons with a six-month
spenddown.
The commissioner may adjust the annual deductible amount to stay
within the program's appropriation.
Sec. 31. [EFFECTIVE DATE.]
Unless provided otherwise, each section of this act takes
effect at the time that the section of law enacted in 1997 that
it amends or cites takes effect.
Presented to the governor May 30, 1997
Signed by the governor June 3, 1997, 2:20 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes