Office of the Revisor of Statutes
Minnesota Session Laws - 1997, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 7-H.F.No. 35
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conflicting, and superseded provisions; making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 1996, sections
3.873, subdivisions 5 and 7; 9.041, subdivision 2;
13.99, subdivision 38b; 14.62, subdivision 3; 15.0591,
subdivision 2; 15.441, subdivision 1; 15.471,
subdivision 1; 16A.276; 16A.672, subdivisions 2 and 5;
17.138, subdivision 2; 18.023, subdivision 3; 18B.33,
subdivision 1; 18C.121, subdivision 1; 18C.575,
subdivision 1; 18E.03, subdivision 4; 19.51,
subdivision 1; 25.31; 25.32; 25.33; 25.34; 25.36;
25.37; 25.39; 25.40; 25.41; 25.42; 25.43; 25.47,
subdivision 2; 27.13; 27.14; 27.19; 27.20; 31.874;
32.078; 32.481, subdivision 1; 32.532; 32.71,
subdivision 1; 41.53, subdivision 2; 41A.09,
subdivision 4; 45.027, subdivision 1; 60A.15; 62N.05,
subdivision 1; 62N.24; 65A.16; 65A.17; 65A.18; 65A.19;
65A.22; 65A.23; 65A.24; 84.027, subdivision 13; 92.46,
subdivision 1; 103I.341, subdivision 1; 103I.535,
subdivision 9; 115A.10; 115A.11, subdivision 1b;
115A.12; 115A.9651, subdivision 1; 115B.20,
subdivisions 1 and 2; 115B.39, subdivision 2;
115B.412, subdivision 5; 115B.42, subdivision 2;
116.07, subdivisions 4b and 10; 116C.91, subdivision
1; 116J.75, subdivision 1; 119A.04, subdivision 5;
119A.13, subdivisions 3 and 4; 119A.26, subdivision 2;
119B.17, subdivision 3; 120.062, subdivision 12;
120.075, subdivision 5; 120.0751, subdivision 6;
120.0752, subdivision 4; 121.15, subdivision 1;
121.1601, subdivision 3; 121.912, subdivision 1;
124.155, subdivision 2; 124.248, subdivision 3;
124.2725, subdivision 11; 124.3201, subdivisions 1 and
2b; 124.321, subdivisions 1 and 2; 124.322,
subdivisions 1a and 5; 124.323, subdivision 1;
124.574, subdivision 7; 124.91, subdivision 1;
124.918, subdivision 8; 124A.036, subdivision 5;
124A.225, subdivision 2; 124A.26, subdivision 1;
124A.711, subdivision 2; 124C.60, subdivisions 1 and
3; 126.22, subdivision 7; 126.51, subdivision 1;
126.72, subdivision 2; 136A.172; 136A.173; 136A.174;
136A.175; 136A.176; 136A.177; 136A.178; 136D.94;
144.056; 144.062; 144.092; 144A.073, subdivision 3;
144A.33, subdivision 5; 144A.53, subdivision 1;
144A.54, subdivisions 1 and 2; 145.894; 147A.13,
subdivision 1; 148.235, subdivision 4; 148B.23,
subdivision 3; 148C.11, subdivision 3; 152.02,
subdivision 13; 152.21, subdivision 3; 161.10;
161.1419, subdivision 7; 168.129, subdivision 1;
169.145; 176.081, subdivision 1; 176.108; 176.1351,
subdivisions 5 and 6; 176.1812, subdivision 7; 176.83,
subdivision 5; 179A.03, subdivisions 7 and 14;
179A.06, subdivision 2; 179A.09, subdivision 3;
181.14; 181.15; 181.16; 182.676; 183.57, subdivision
2; 192.551; 197.133; 197.447; 214.01, subdivision 2;
214.07, subdivision 1; 214.13, subdivision 5; 216C.35;
223.19; 237.70, subdivision 7; 237.711; 241.01,
subdivision 3a; 242.56, subdivision 3; 244.09,
subdivisions 7 and 13; 244.13, subdivision 3; 244.17,
subdivision 2; 245.462, subdivision 16; 245.4881,
subdivision 2; 245.4886, subdivision 2; 245.62,
subdivisions 2 and 4; 245.69, subdivision 2; 245.697,
subdivisions 2 and 3; 246.06; 246.64, subdivision 3;
252.035; 252.275, subdivision 6; 252.291, subdivisions
3 and 5; 252.40; 252.41, subdivision 1; 252.43;
252.46, subdivision 1; 252.50, subdivision 6; 254A.16,
subdivision 2; 256.01, subdivision 2; 256.016;
256.736, subdivisions 3a and 7; 256.7365, subdivision
7; 256.82, subdivision 4; 256.9742, subdivision 1;
256B.04, subdivision 2; 256B.092, subdivision 6;
256B.49, subdivision 2; 256D.03, subdivision 7;
256D.04; 256E.04, subdivision 1; 256F.04, subdivision
3; 257.072, subdivision 5; 257.0755, subdivision 1;
257.0768, subdivision 1; 257.0769; 257.41; 259.71,
subdivision 5; 260.152, subdivisions 2, 3, and 6;
260.161, subdivision 3; 260.181, subdivision 3a;
268.0122, subdivision 5; 268.0124; 268.03; 268.15,
subdivision 3; 268.361, subdivision 1; 268.90,
subdivision 3; 270A.09, subdivision 3; 272.12;
273.1398, subdivision 1; 279.01, subdivision 3;
280.05; 280.28, subdivision 2; 280.33; 280.35; 281.16;
281.32; 282.07; 284.04; 290.091, subdivision 6;
290.171; 297A.259; 299C.11; 299F.051, subdivision 3;
299F.46, subdivision 1; 299L.02, subdivision 1;
325F.84, subdivision 1; 326.2421, subdivision 2;
327A.08; 345.48, subdivision 1; 349.19, subdivision
2a; 353.64, subdivision 2; 353C.02; 354.66,
subdivision 4; 360.013, subdivision 20; 360.015,
subdivision 17; 363.05, subdivision 1; 383A.43,
subdivision 6; 383B.78, subdivision 3; 383D.35;
390.35; 412.191, subdivision 1; 412.581; 412.631;
422A.01, subdivision 18; 427.02; 435.27; 458.40;
458A.08; 462A.03, subdivision 10; 462A.07, subdivision
7; 463.01; 465.15; 465.20; 466.03, subdivision 6d;
469.078, subdivision 1; 469.141, subdivision 3;
469.173, subdivision 7; 469.183, subdivision 4;
471.9981, subdivision 1; 473.1623, subdivisions 3, 4,
and 5; 473.206; 473.208; 473.3994, subdivision 9;
473.598, subdivision 3; 473.638, subdivision 2;
473.859, subdivision 2; 475.51, subdivision 9; 475.53,
subdivision 1; 475.57; 475.61, subdivision 2; 480.242,
subdivision 2; 500.24, subdivision 3; 508A.01,
subdivision 3; 524.2-402; 525.152, subdivisions 1, 2,
and 3; 609.101, subdivision 4; 611.216, subdivision 3;
611.25, subdivision 3; 611A.56, subdivision 1;
626.843; 626.845; 626.846; 626.847; 626.851; and
626.88; Laws 1995 chapter 220, section 7, subdivision
3; and Laws 1996, chapter 310, section 1; proposing
coding for new law in Minnesota Statutes, chapter 35;
repealing Minnesota Statutes 1996, sections 3.922,
subdivision 9; 13.99, subdivisions 21d and 24a;
15.475; 16B.87, subdivision 4; 17.452, subdivision 3;
115A.03, subdivision 16; 116D.11, subdivision 4;
116J.975; 124.2442; 124.245; 124.3202; 126.78,
subdivision 5; 144.95, subdivision 9; 145A.12,
subdivision 6; 148.578; 174.23, subdivision 5; 196.22,
subdivision 4; 216C.06, subdivisions 10 and 11;
246.57, subdivision 2; 254B.03, subdivision 8;
256B.04, subdivision 11; 256B.0629, subdivision 3;
256F.11, subdivision 3; 256F.12, subdivision 5;
260.152, subdivision 7; 325F.98; 388.24, subdivision
5; 466.01, subdivisions 4 and 5; 471A.02, subdivisions
2 and 15; 473.638, subdivision 1; 473.639; 494.05,
subdivision 3; 611.27, subdivision 14; and 611A.75;
Laws 1989, chapters 209, article 2, section 42; and
282, article 3, section 28; Laws 1991, chapter 292,
article 2, section 2; Laws 1993, chapter 286, section
1; Laws 1994, chapters 411, section 4; and 416,
article 1, sections 47, 51, and 56; Laws 1995,
chapters 171, sections 54 and 56; and 186, section 26;
Laws 1995, First Special Session chapter 3, article
13, section 2; and Laws 1996, chapters 414, article 1,
section 30; and 471, article 11, section 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
GENERAL
Section 1. [REPEALER; SECTION 13.99, SUBDIVISION 21d.]
Minnesota Statutes 1996, section 13.99, subdivision 21d, is
repealed.
Sec. 2. [REPEALER; SECTION 13.99, SUBDIVISION 24a.]
Minnesota Statutes 1996, section 13.99, subdivision 24a, is
repealed.
Sec. 3. Minnesota Statutes 1996, section 13.99,
subdivision 38b, is amended to read:
Subd. 38b. [LEAD EXPOSURE DATA.] Data on individuals
exposed to lead in their residences are classified under
sections 144.874, subdivision 1, 144.9502, subdivision 9, and
144.9504, subdivision 2.
Sec. 4. [REPEALER; SECTION 15.059 NOTE.]
Laws 1993, chapter 286, section 1, is repealed.
Sec. 5. Minnesota Statutes 1996, section 16A.672,
subdivision 2, is amended to read:
Subd. 2. [APPLICATION OF COMMERCIAL CODE.] All bonds and
certificates are securities under sections 336.8-101 to
336.8-408 336.8-603. The commissioner may do for the state
whatever may or must be done under those sections to comply with
the orders authorizing them. The bonds or certificates may be
issued:
(1) in one or more denominations;
(2) in bearer form, with interest coupons attached; and
(3) with provision for registration as to principal only;
or
(4) in fully registered form; and
(5) with provision for registration of conversion and
exchange of forms and denominations, transfer of ownership, and
replacement of lost or damaged bonds.
Sec. 6. Minnesota Statutes 1996, section 16A.672,
subdivision 5, is amended to read:
Subd. 5. [REGISTRAR.] The commissioner, in order to issue
any bonds or certificates, may name a registrar to act for the
state under sections 336.8-101 to 336.8-408 336.8-603, and to
authenticate and deliver obligations upon initial issuance and
registration of transfer, exchange, or conversion. The
registrar must be an incorporated bank or trust company, in or
out of the state, authorized by the laws of the United States or
the state in which it is located to perform these duties.
Sec. 7. Minnesota Statutes 1996, section 18.023,
subdivision 3, is amended to read:
Subd. 3. [RULES; APPLICABILITY TO MUNICIPALITIES.] The
rules of the commissioner shall apply in a municipality unless
the municipality adopts an ordinance which is determined by the
commissioner to be more stringent than the rules of the
commissioner. The rules of the commissioner or the more
stringent ordinance of the municipality shall be in effect 60
days from March 31, 1974. The rules of the commissioner or the
municipality shall apply to all state agencies, special purpose
districts and metropolitan commissions as defined in section
473.121, subdivision 7 5a, which own or control land adjacent to
or within a shade tree disease control area in Laws 1975,
chapter 253.
Sec. 8. Minnesota Statutes 1996, section 18B.33,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENT.] (a) A person may not apply a
pesticide for hire without a commercial applicator license for
the appropriate use categories or a structural pest control
license or aquatic pest control license.
(b) A person with a commercial applicator license may not
apply pesticides on or into surface waters without an aquatic
pest control license under section 18B.32 18B.315, except an
aquatic pest control license is not required for licensed
commercial applicators applying pesticides for the purposes of:
(1) pest control on cultivated wild rice;
(2) mosquito and black fly control operations;
(3) pest control on rights-of-way;
(4) aerial pest control operations for emergent vegetation
control;
(5) aerial application of piscicides; and
(6) pest control for silvicultural operations.
(c) A commercial applicator licensee must have a valid
license identification card when applying pesticides for hire
and must display it upon demand by an authorized representative
of the commissioner or a law enforcement officer. The
commissioner shall prescribe the information required on the
license identification card.
Sec. 9. Minnesota Statutes 1996, section 18E.03,
subdivision 4, is amended to read:
Subd. 4. [FEE.] (a) The response and reimbursement fee
consists of the surcharges and any adjustments made by the
commissioner in this subdivision and shall be collected by the
commissioner. The amount of the response and reimbursement fee
shall be determined and imposed annually by the commissioner as
required to satisfy the requirements in subdivision 3. The
commissioner shall adjust the amount of the surcharges imposed
in proportion to the amount of the surcharges listed in this
subdivision.
(b) The commissioner shall impose a surcharge on pesticides
registered under chapter 18B to be collected as a surcharge on
the registration application fee under section 18B.26,
subdivision 3, that is equal to 0.1 percent of sales of the
pesticide in the state and sales of pesticides for use in the
state during the previous calendar year, except the surcharge
may not be imposed on pesticides that are sanitizers or
disinfectants as determined by the commissioner. No surcharge
is required if the surcharge amount based on percent of annual
gross sales is less than $10. The registrant shall determine
when and which pesticides are sold or used in this state. The
registrant shall secure sufficient sales information of
pesticides distributed into this state from distributors and
dealers, regardless of distributor location, to make a
determination. Sales of pesticides in this state and sales of
pesticides for use in this state by out-of-state distributors
are not exempt and must be included in the registrant's annual
report, as required under section 18B.26, subdivision 3,
paragraph (c), and fees shall be paid by the registrant based
upon those reported sales. Sales of pesticides in the state for
use outside of the state are exempt from the surcharge in this
paragraph if the registrant properly documents the sale location
and the distributors.
(c) The commissioner shall impose a ten cents per ton
surcharge on the inspection fee under section 18C.425,
subdivision 6, for fertilizers, soil amendments, and plant
amendments.
(d) The commissioner shall impose a surcharge on the
license application of persons licensed under chapters 18B and
18C consisting of:
(1) a $75 surcharge for each site where pesticides are
stored or distributed, to be imposed as a surcharge on pesticide
dealer application fees under section 18B.31, subdivision 5;
(2) a $75 surcharge for each site where a fertilizer, plant
amendment, or soil amendment is distributed, to be imposed on
persons licensed under sections 18C.415 and 18C.425;
(3) a $50 surcharge to be imposed on a structural pest
control applicator license application under section 18B.32,
subdivision 6, for business license applications only;
(4) a $20 surcharge to be imposed on commercial applicator
license application fees under section 18B.33, subdivision 7;
(5) a $20 surcharge to be imposed on noncommercial
applicator license application fees under section 18B.34,
subdivision 5, except a surcharge may not be imposed on a
noncommercial applicator that is a state agency, political
subdivision of the state, the federal government, or an agency
of the federal government; and
(6) a $20 surcharge to be imposed on aquatic pest control
licenses under section 18B.315.
(e) A $1,000 fee shall be imposed on each site where
pesticides are stored and sold for use outside of the state
unless:
(1) the distributor properly documents that it has less
than $2,000,000 per year in wholesale value of pesticides stored
and transferred through the site; or
(2) the registrant pays the surcharge under paragraph (b)
and the registration fee under section 18B.26, subdivision 3,
for all of the pesticides stored at the site and sold for use
outside of the state.
(f) Paragraphs (c) to (e) apply to sales, licenses issued,
applications received for licenses, and inspection fees imposed
on or after July 1, 1990.
Sec. 10. [REVISOR'S INSTRUCTION; SECTIONS 25.31 TO 25.43.]
The revisor shall change the citation from section 25.44 to
section 25.43 in the following sections of Minnesota Statutes:
25.31; 25.32; 25.33; 25.34; 25.36; 25.37; 25.39; 25.40; 25.41;
25.42; and 25.43.
Sec. 11. Minnesota Statutes 1996, section 25.47,
subdivision 2, is amended to read:
Subd. 2. The commissioner of agriculture shall, on or
before June 15 of each year, establish the grades of hay and
straw subject to state inspection which shall be known as the
"Minnesota Grades" and hay and straw received at a public
warehouse shall be graded accordingly. The grades shall not be
changed before June 15 of the next succeeding year. The
commissioner of agriculture shall also adopt rules in accordance
with the administrative procedure act as it deems necessary to
implement this section and section 25.46.
Sec. 12. [REVISOR'S INSTRUCTION; SECTIONS 27.13 TO 27.20.]
The revisor shall change the citation from section 27.15 to
section 27.14 in the following sections of Minnesota Statutes:
27.13; 27.14; 27.19; and 27.20.
Sec. 13. Minnesota Statutes 1996, section 32.078, is
amended to read:
32.078 [SUSPENSION OR CANCELLATION.]
The commissioner is empowered to suspend or cancel any
license issued pursuant to the provisions of sections 32.071 to
32.077 32.076 after a hearing upon written notice containing the
grounds therefor, which notice shall be served personally upon
the licensee or the licensee's agent at least five days prior to
such hearing.
Sec. 14. Minnesota Statutes 1996, section 32.481,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITION.] "Cheese" as used in sections
32.481 to 32.485 32.484 includes all varieties of cheese, cheese
spreads, cheese foods, cheese compounds, or processed cheese,
made or manufactured in whole or in part from cow's, goat's, or
sheep's milk.
Sec. 15. [REVIVAL OF STATUTES; SECTIONS 35.01 AND 35.73.]
Notwithstanding Minnesota Statutes, section 645.36,
Minnesota Statutes 1994, sections 35.01, subdivisions 1, 2, and
3; and 35.73, subdivisions 1 and 4, are revived retroactive to
August 1, 1996.
Sec. 16. [REPEALER; SECTIONS 50.21 AND 50.22 NOTE.]
Laws 1995, chapter 171, sections 54 and 56, are repealed.
Sec. 17. [REVISOR'S INSTRUCTION; SECTION 60A.15.]
The revisor shall insert the phrase "of revenue" after the
word "commissioner" wherever the word "commissioner" appears
without further designation in Minnesota Statutes, section
60A.15.
Sec. 18. [REPEALER; SECTION 62L.08 NOTE.]
Laws 1995, First Special Session chapter 3, article 13,
section 2, is repealed.
Sec. 19. [REVISOR'S INSTRUCTION; SECTIONS 65A.16 TO
65A.24.]
The revisor shall change the citation from section 65A.25
to section 65A.24 in the following sections of Minnesota
Statutes: 65A.16; 65A.17; 65A.18; 65A.19; 65A.22; 65A.23; and
65A.24.
Sec. 20. Minnesota Statutes 1996, section 84.027,
subdivision 13, is amended to read:
Subd. 13. [GAME AND FISH RULES.] (a) The commissioner of
natural resources may adopt rules under sections 97A.0451 to
97A.0459 and this subdivision that are authorized under:
(1) chapters 97A, 97B, and 97C to set open seasons and
areas, to close seasons and areas, to select hunters for areas,
to provide for tagging and registration of game, to prohibit or
allow taking of wild animals to protect a species, and to
prohibit or allow importation, transportation, or possession of
a wild animal;
(2) sections 84.093, 84.14, 84.15, and 84.152 to set
seasons for harvesting wild ginseng roots and wild rice and to
restrict or prohibit harvesting in designated areas; and
(3) section 84D.12 to designate prohibited exotic species,
regulated exotic species, unregulated exotic species, limited
infestations of Eurasian water milfoil, and infested waters.
Clause (2) does not limit or supersede the commissioner's
authority to establish opening dates, days, and hours of the
wild rice harvesting season under section 84.14, subdivision 3.
(b) If conditions exist that do not allow the commissioner
to comply with sections 97A.0451 to 97A.0459, the commissioner
may adopt a rule under this subdivision by submitting the rule
to the attorney general for review under section 97A.0455,
publishing a notice in the State Register and filing the rule
with the secretary of state and the legislative commission to
review administrative rules, and complying with section
97A.0459, and including a statement of the emergency conditions
and a copy of the rule in the notice. The notice may be
published after it is received from the attorney general or five
business days after it is submitted to the attorney general,
whichever is earlier.
(c) Rules adopted under paragraph (b) are effective upon
publishing in the State Register and may be effective up to
seven days before publishing and filing under paragraph (b), if:
(1) the commissioner of natural resources determines that
an emergency exists;
(2) the attorney general approves the rule; and
(3) for a rule that affects more than three counties the
commissioner publishes the rule once in a legal newspaper
published in Minneapolis, St. Paul, and Duluth, or for a rule
that affects three or fewer counties the commissioner publishes
the rule once in a legal newspaper in each of the affected
counties.
(d) Except as provided in paragraph (e), a rule published
under paragraph (c), clause (3), may not be effective earlier
than seven days after publication.
(e) A rule published under paragraph (c), clause (3), may
be effective the day the rule is published if the commissioner
gives notice and holds a public hearing on the rule within 15
days before publication.
(f) The commissioner shall attempt to notify persons or
groups of persons affected by rules adopted under paragraphs (b)
and (c) by public announcements, posting, and other appropriate
means as determined by the commissioner.
(g) Notwithstanding section 97A.0458, a rule adopted under
this subdivision is effective for the period stated in the
notice but not longer than 18 months after the rule is adopted.
Sec. 21. Minnesota Statutes 1996, section 92.46,
subdivision 1, is amended to read:
Subdivision 1. [PUBLIC CAMPGROUNDS.] (a) The director may
designate suitable portions of the state lands withdrawn from
sale and not reserved, as provided in section 92.45, as
permanent state public campgrounds. The director may have the
land surveyed and platted into lots of convenient size, and
lease them for cottage and camp purposes under terms and
conditions the director prescribes, subject to the provisions of
this section.
(b) A lease may not be for a term more than 20 years. The
lease may allow renewal, from time to time, for additional terms
of no longer than 20 years each. The lease may be canceled by
the commissioner 90 days after giving the person leasing the
land written notice of violation of lease conditions. The lease
rate shall be based on the appraised value of leased land as
determined by the commissioner of natural resources and shall be
adjusted by the commissioner at the fifth, tenth, and 15th
anniversary of the lease, if the appraised value has increased
or decreased. For leases that are renewed in 1991 and following
years, the lease rate shall be five percent of the appraised
value of the leased land. The appraised value shall be the
value of the leased land without any private improvements and
must be comparable to similar land without any improvements
within the same county. The minimum appraised value that the
commissioner assigns to the leased land must be substantially
equal to the county assessor's estimated market value of similar
land adjusted by the assessment/sales ratio as determined by the
department of revenue.
(c) By July 1, 1986, the commissioner of natural resources
shall adopt rules under chapter 14 to establish procedures for
leasing land under this section. The rules shall be subject to
review and approval by the commissioners of revenue and
administration prior to the initial publication pursuant to
chapter 14 and prior to their final adoption. The rules must
address at least the following:
(1) method of appraising the property; and
(2) an appeal procedure for both the appraised values and
lease rates.
(d) All money received from these leases must be credited
to the fund to which the proceeds of the land belong.
Notwithstanding section 16A.125 or any other law to the
contrary, 50 percent of the money received from the lease of
permanent school fund lands leased pursuant to this subdivision
must be credited to the lakeshore leasing and sales account in
the permanent school fund and is appropriated for use to survey,
appraise, and pay associated selling and leasing costs of lots
as required in this section and Minnesota Statutes 1992, section
92.67, subdivision 3. The money may not be used to pay the cost
of surveying lots not scheduled for sale. Any money designated
for deposit in the permanent school fund that is not needed to
survey, appraise, and pay associated selling and leasing costs
of lots, as required in this section and section 92.67, shall be
deposited in the permanent school fund. The commissioner shall
add to the appraised value of any lot offered for sale the costs
of surveying, appraising, and selling the lot, and shall first
deposit into the permanent school fund an amount equal to the
costs of surveying, appraising, and selling any lot paid out of
the permanent school fund. Any remaining money shall be
deposited into any other contributing funds in proportion to the
contribution from each fund. In no case may the commissioner
add to the appraised value of any lot offered for sale an amount
more than $700 for the costs of surveying and appraising the lot.
Sec. 22. [REPEALER; SECTION 92.46, SUBDIVISION 1, NOTE.]
Laws 1995, chapter 186, section 26, is repealed.
Sec. 23. [REPEALER; SECTION 103I.235 NOTE.]
Laws 1991, chapter 292, article 2, section 2, is repealed.
Sec. 24. Minnesota Statutes 1996, section 103I.341,
subdivision 1, is amended to read:
Subdivision 1. [LIEN FOR SEALING COSTS.] The commissioner
and the board of water and soil resources have a governmental
services lien under section 514.67 for the costs of sealing a
well or boring that the commissioner or board has contracted to
be sealed under section 103I.315, subdivision 2; 103I.331; or
103I.335. The lien attaches to the real property where the well
or boring is located. The lien is perfected by filing the lien
with the county recorder or registrar of titles where the well
or boring and the property are located and serving or mailing by
return receipt a copy of the lien to the property owner.
Sec. 25. Minnesota Statutes 1996, section 103I.535,
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 elevator shaft contractor's license until the renewal
application, renewal application fee, and late fee, and all
other information required in subdivision 8 are submitted.
Sec. 26. [REPEALER.]
Minnesota Statutes 1996, section 115A.03, subdivision 16,
is repealed.
Sec. 27. Minnesota Statutes 1996, section 115A.10, is
amended to read:
115A.10 [DUTIES OF THE OFFICE; HAZARDOUS WASTE FACILITIES;
ENCOURAGEMENT OF PRIVATE ENTERPRISE.]
The office and the director on behalf of the office shall
encourage the development and operation of hazardous waste
facilities by private enterprise to the extent practicable and
consistent with the purposes of sections 115A.01 to 115A.72 and
the office's hazardous waste management plan adopted pursuant to
section 115A.11. In preparing the reports under section 115A.08
and the inventory of processing facility sites under section
115A.09, In adopting the management plan, and in its actions and
decisions under sections 115A.18 to 115A.30 and 115A.32 to
115A.39, the office and the director on behalf of the office
shall solicit the active participation of private waste
management firms and shall so conduct its activities as to
encourage private permit applications for facilities needed in
the state. The office shall promulgate rules for accepting and
evaluating applications for permits for the construction and
operation of facilities at sites preferred by the office
pursuant to section 115A.09. The rules shall include standards
and procedures for making determinations on the minimum
qualifications, including technical competence and financial
capability, of permit applicants.
Sec. 28. Minnesota Statutes 1996, section 115A.11,
subdivision 1b, is amended to read:
Subd. 1b. [CONTENTS.] The plan must include at least the
elements prescribed in this subdivision.
(a) The plan must estimate the types and quantities of
hazardous waste that will be generated in the state through the
year 2000.
(b) The plan must set out specific and quantifiable
objectives for reducing to the greatest feasible and prudent
extent the need for and use of disposal facilities located
within the state, through waste reduction, pretreatment,
retrievable storage, processing, and resource recovery.
(c) The plan must estimate the minimum disposal capacity
and capability required by generators in the state for use
through the year 2000. The estimate must be based on the
achievement of the objectives under paragraph (b).
(d) The plan must describe and recommend the implementation
strategies required to assure availability of disposal capacity
for the types and quantities of waste estimated under paragraph
(c) and to achieve the objectives required by paragraph (b).
The recommendations must address at least the following: the
necessary private and government actions; the types of
facilities and programs required; the availability and use of
specific facilities outside of the state; development schedules
for facilities, services, and rules that should be established
in the state; revenue-raising and financing measures; levels of
public and private effort and expenditure; legal and
institutional changes; and other similar matters.
(e) The plan must provide for the orderly development of
hazardous waste management sites and facilities to protect the
health and safety of rural and urban communities. In preparing
the plan the office shall consider its impact upon agriculture
and natural resources.
(f) The plan must include methods and procedures that will
encourage the establishment of programs, services, and
facilities that the office recommends for development in the
state for the recycling, reuse, recovery, conversion, treatment,
destruction, transfer, storage, or disposal, including
retrievable storage, of hazardous waste.
The plan must be consistent with the estimate of need and
feasibility analysis prepared under section 115A.24, the
analysis provided in the phase I environmental impact statement
determined to be adequate under section 115A.25, subdivision 1a,
and the decisions made by the office under sections section
115A.28 and 115A.291.
The office may make the implementation of elements of the
plan contingent on actions of the legislature that have been
recommended in the draft plan.
Sec. 29. Minnesota Statutes 1996, section 115A.12, is
amended to read:
115A.12 [ADVISORY COUNCILS.]
(a) The director shall establish a solid waste management
advisory council, a hazardous waste management planning council,
and a market development coordinating council, that are broadly
representative of the geographic areas and interests of the
state.
(b) The solid waste council shall have not less than nine
nor more than 21 members. The membership of the solid waste
council shall consist of one-third citizen representatives,
one-third representatives from local government units, and
one-third representatives from private solid waste management
firms. The solid waste council shall contain at least three
members experienced in the private recycling industry and at
least one member experienced in each of the following areas:
state and municipal finance; solid waste collection, processing,
and disposal; and solid waste reduction and resource recovery.
(c) The hazardous waste council shall have not less than
nine nor more than 18 members. The membership of the hazardous
waste advisory council shall consist of one-third citizen
representatives, one-third representatives from local government
units, and one-third representatives of hazardous waste
generators and private hazardous waste management firms.
(d) The market development coordinating council shall have
not less than nine nor more than 18 members and shall consist of
one representative from the department of trade and economic
development, the department of administration, the pollution
control agency, Minnesota Technology, Inc., and the legislative
commission on waste management. The other members shall
represent local government units, private recycling markets, and
private recycling collectors. The market development
coordinating council expires June 30, 1997.
(e) The chairs of the advisory councils shall be appointed
by the director. The director shall provide administrative and
staff services for the advisory councils. The advisory councils
shall have such duties as are assigned by law or the director.
The solid waste advisory council shall make recommendations to
the office on its solid waste management activities. The
hazardous waste advisory council shall make recommendations to
the office on its activities under sections 115A.08, 115A.09,
115A.10, 115A.11, 115A.20, 115A.21, and 115A.24. Members of the
advisory councils shall serve without compensation but shall be
reimbursed for their reasonable expenses as determined by the
director. The solid waste management advisory council and the
hazardous waste management planning council expire June 30, 1997.
Sec. 30. Minnesota Statutes 1996, section 115A.9651,
subdivision 1, is amended to read:
Subdivision 1. [PROHIBITION.] (a) Except as provided
in paragraphs paragraph (d) and (e), no person may distribute
for sale or use in this state any ink, dye, pigment, paint, or
fungicide manufactured after September 1, 1994, into which lead,
cadmium, mercury, or hexavalent chromium has been intentionally
introduced.
(b) For the purposes of this subdivision, "intentionally
introduce" means to deliberately use a metal listed in paragraph
(a) as an element during manufacture or distribution of an item
listed in paragraph (a). Intentional introduction does not
include the incidental presence of any of the prohibited
elements.
(c) The concentration of a listed metal in an item listed
in paragraph (a) may not exceed 100 parts per million.
(d) The prohibition on the use of lead in substances
utilized in marking road, street, highway, and bridge pavements
does not take effect until July 1, 1998.
(e) The use of lead in substances utilized in marking road,
street, highway, and bridge pavements is exempt from this
subdivision until July 1, 1998.
Sec. 31. Minnesota Statutes 1996, section 115B.20,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] (a) The environmental
response, compensation, and compliance account is in the
environmental fund in the state treasury and may be spent only
for the purposes provided in subdivision 2.
(b) The commissioner of finance shall administer a response
account for the agency and the commissioner of agriculture to
take removal, response, and other actions authorized under
subdivision 2, clauses (1) to (4) and (11) (10) to (13) (12).
The commissioner of finance shall transfer money from the
response account to the agency and the commissioner of
agriculture to take actions required under subdivision 2,
clauses (1) to (4) and (11) (10) to (13) (12).
(c) The commissioner of finance shall administer the
account in a manner that allows the commissioner of agriculture
and the agency to utilize the money in the account to implement
their removal and remedial action duties as effectively as
possible.
(d) Amounts appropriated to the commissioner of finance
under this subdivision shall not be included in the department
of finance budget but shall be included in the pollution control
agency and department of agriculture budgets.
(e) All money recovered by the state under section 115B.04
or any other law for injury to, destruction of, or loss of
natural resources resulting from the release of a hazardous
substance, or a pollutant or contaminant, must be credited to
the environmental response, compensation, and compliance account
in the environmental fund and is appropriated to the
commissioner of natural resources for purposes of subdivision 2,
clause (6), consistent with any applicable term of judgments,
consent decrees, consent orders, or other administrative actions
requiring payments to the state for such purposes. Before
making an expenditure of money appropriated under this
paragraph, the commissioner of natural resources shall provide
written notice of the proposed expenditure to the chairs of the
senate committee on finance, the house of representatives
committee on ways and means, the finance division of the senate
committee on environment and natural resources, and the house of
representatives committee on environment and natural resources
finance.
Sec. 32. Minnesota Statutes 1996, section 115B.20,
subdivision 2, is amended to read:
Subd. 2. [PURPOSES FOR WHICH MONEY MAY BE SPENT.] Subject
to appropriation by the legislature the money in the account may
be spent for any of the following purposes:
(1) preparation by the agency and the commissioner of
agriculture for taking removal or remedial action under section
115B.17, or under chapter 18D, including investigation,
monitoring and testing activities, enforcement and compliance
efforts relating to the release of hazardous substances,
pollutants or contaminants under section 115B.17 or 115B.18, or
chapter 18D;
(2) removal and remedial actions taken or authorized by the
agency or the commissioner of the pollution control agency under
section 115B.17, or taken or authorized by the commissioner of
agriculture under chapter 18D including related enforcement and
compliance efforts under section 115B.17 or 115B.18, or chapter
18D, and payment of the state share of the cost of remedial
action which may be carried out under a cooperative agreement
with the federal government pursuant to the Federal Superfund
Act, under United States Code, title 42, section 9604(c)(3) for
actions related to facilities other than commercial hazardous
waste facilities located under the siting authority of chapter
115A;
(3) reimbursement to any private person for expenditures
made before July 1, 1983, to provide alternative water supplies
deemed necessary by the agency or the commissioner of
agriculture and the department of health to protect the public
health from contamination resulting from the release of a
hazardous substance;
(4) removal and remedial actions taken or authorized by the
agency or the commissioner of agriculture or the pollution
control agency under section 115B.17, or chapter 18D, including
related enforcement and compliance efforts under section 115B.17
or 115B.18, or chapter 18D, and payment of the state share of
the cost of remedial action which may be carried out under a
cooperative agreement with the federal government pursuant to
the Federal Superfund Act, under United States Code, title 42,
section 9604(c)(3) for actions related to commercial hazardous
waste facilities located under the siting authority of chapter
115A;
(5) compensation as provided by law, after submission by
the office of environmental assistance of the report required
under section 115A.08, subdivision 5, to mitigate any adverse
impact of the location of commercial hazardous waste processing
or disposal facilities located pursuant to the siting authority
of chapter 115A;
(6) planning and implementation by the commissioner of
natural resources of the rehabilitation, restoration, or
acquisition of natural resources to remedy injuries or losses to
natural resources resulting from the release of a hazardous
substance;
(7) (6) inspection, monitoring, and compliance efforts by
the agency, or by political subdivisions with agency approval,
of commercial hazardous waste facilities located under the
siting authority of chapter 115A;
(8) (7) grants by the agency or the office of environmental
assistance to demonstrate alternatives to land disposal of
hazardous waste including reduction, separation, pretreatment,
processing and resource recovery, for education of persons
involved in regulating and handling hazardous waste;
(9) (8) intervention and environmental mediation by the
legislative commission on waste management under chapter 115A;
and
(10) (9) grants by the agency to study the extent of
contamination and feasibility of cleanup of hazardous substances
and pollutants or contaminants in major waterways of the state;
(11) (10) acquisition of a property interest under section
115B.17, subdivision 15;
(12) (11) reimbursement, in an amount to be determined by
the agency in each case, to a political subdivision that is not
a responsible person under section 115B.03, for reasonable and
necessary expenditures resulting from an emergency caused by a
release or threatened release of a hazardous substance,
pollutant, or contaminant; and
(13) (12) reimbursement to a political subdivision for
expenditures in excess of the liability limit under section
115B.04, subdivision 4.
Sec. 33. Minnesota Statutes 1996, section 115B.39,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] (a) In addition to the definitions
in this subdivision, the definitions in sections 115A.03 and
115B.02 apply to sections 115B.39 to 115B.46 115B.445, except as
specifically modified in this subdivision.
(b) "Cleanup order" means a consent order between
responsible persons and the agency or an order issued by the
United States Environmental Protection Agency under section 106
of the federal Superfund Act.
(c) "Closure" means actions to prevent or minimize the
threat to public health and the environment posed by a mixed
municipal solid waste disposal facility that has stopped
accepting waste by controlling the sources of releases or
threatened releases at the facility. "Closure" includes
removing contaminated equipment and liners; applying final
cover; grading and seeding final cover; installing wells,
borings, and other monitoring devices; constructing groundwater
and surface water diversion structures; and installing gas
control systems and site security systems, as necessary. The
commissioner may authorize use of final cover that includes
processed materials that meet the requirements in Code of
Federal Regulations, title 40, section 503.32, paragraph (a).
(d) "Contingency action" means organized, planned, or
coordinated courses of action to be followed in case of fire,
explosion, or release of solid waste, waste by-products, or
leachate that could threaten human health or the environment.
(e) "Corrective action" means steps taken to repair
facility structures including liners, monitoring wells,
separation equipment, covers, and aeration devices and to bring
the facility into compliance with design, construction,
groundwater, surface water, and air emission standards.
(f) "Decomposition gases" means gases produced by chemical
or microbial activity during the decomposition of solid waste.
(g) "Environmental response action" means response action
at a qualified facility, including corrective action, closure,
postclosure care; contingency action; environmental studies,
including remedial investigations and feasibility studies;
engineering, including remedial design; removal; remedial
action; site construction; and other similar cleanup-related
activities.
(h) "Environmental response costs" means:
(1) costs of environmental response action, not including
legal or administrative expenses; and
(2) costs required to be paid to the federal government
under section 107(a) of the federal Superfund Act, as amended.
(i) "Postclosure" or "postclosure care" means actions taken
for the care, maintenance, and monitoring of closure actions at
a mixed municipal solid waste disposal facility.
(j) "Qualified facility" means a mixed municipal solid
waste disposal facility, including adjacent property used for
solid waste disposal, that:
(1) is or was permitted by the agency;
(2) stopped accepting solid waste, except demolition
debris, for disposal by April 9, 1994; and
(3) stopped accepting demolition debris for disposal by
June 1, 1994, except that demolition debris may be accepted
until May 1, 1995, at a permitted area where disposal of
demolition debris is allowed, if the area where the demolition
debris is deposited is at least 50 feet from the fill boundary
of the area where mixed municipal solid waste was deposited.
Sec. 34. Minnesota Statutes 1996, section 115B.412,
subdivision 5, is amended to read:
Subd. 5. [ENVIRONMENTAL LIEN.] An environmental lien for
environmental response costs incurred, including reimbursements
made under section 115B.43, by the commissioner under sections
115B.39 to 115B.46 115B.445 attaches in the same manner as a
lien under sections 514.671 to 514.676 to all the real property
described in the original and any revised permits for a
qualified facility and any adjacent property owned by the
facility owner or operator from the date the first assessment,
closure, postclosure care, or response activities related to the
facility are undertaken by the commissioner. For the purposes
of filing an environmental lien under this subdivision, the term
"cleanup action" as used in sections 514.671 to 514.676 includes
all of the costs incurred by the commissioner to assess, close,
maintain, monitor, and respond to releases at qualified
facilities under sections 115B.39 to 115B.46 115B.445.
Notwithstanding section 514.672, subdivision 4, a lien under
this paragraph takes precedence over all other liens on the
property regardless of when the other liens were or are
perfected. For the purpose of this subdivision, "owner or
operator" has the meaning given it in section 115B.41,
subdivision 4.
Sec. 35. Minnesota Statutes 1996, section 115B.42,
subdivision 2, is amended to read:
Subd. 2. [EXPENDITURES.] (a) Money in the fund may be
spent by the commissioner to:
(1) inspect permitted mixed municipal solid waste disposal
facilities to:
(i) evaluate the adequacy of final cover, slopes,
vegetation, and erosion control;
(ii) determine the presence and concentration of hazardous
substances, pollutants or contaminants, and decomposition gases;
and
(iii) determine the boundaries of fill areas;
(2) monitor and take, or reimburse others for,
environmental response actions, including emergency response
actions, at qualified facilities;
(3) acquire and dispose of property under section 115B.412,
subdivision 3;
(4) recover costs under sections section 115B.39 and
115B.46;
(5) administer, including providing staff and
administrative support for, sections 115B.39 to 115B.46
115B.445;
(6) enforce sections 115B.39 to 115B.46 115B.445;
(7) subject to appropriation, administer the agency's
groundwater and solid waste management programs;
(8) reimburse persons under section 115B.43; and
(9) reimburse mediation expenses up to a total of $250,000
annually or defense costs up to a total of $250,000 annually for
third-party claims for response costs under state or federal law
as provided in section 115B.414.
Sec. 36. Minnesota Statutes 1996, section 116.07,
subdivision 4b, is amended to read:
Subd. 4b. [PERMITS; HAZARDOUS WASTE FACILITIES.] (a) The
agency shall provide to the office of environmental assistance
established in section 115A.055, copies of each permit
application for a hazardous waste facility immediately upon its
submittal to the agency. The agency shall request
recommendations on each permit application from the office and
shall consult with the office on the agency's intended
disposition of the recommendations. Except as otherwise
provided in sections 115A.18 to 115A.30, the agency shall
commence any environmental review required under chapter 116D
within 120 days of its acceptance of a completed permit
application. The agency shall respond to a permit application
for a hazardous waste facility within 120 days following a
decision not to prepare environmental documents or following the
acceptance of a negative declaration notice or an environmental
impact statement. Except as otherwise provided in sections
115A.18 to 115A.30, within 60 days following the submission of a
final permit application for a hazardous waste facility, unless
a time extension is agreed to by the applicant, the agency shall
issue or deny all permits needed for the construction of the
proposed facility.
(b) The agency shall promulgate rules pursuant to chapter
14 for all hazardous waste facilities. After the report of the
office of environmental assistance required by section 115A.08,
subdivision 5a, has been submitted to the legislature, the
agency shall review its rules for hazardous waste facilities and
shall consider whether any of the rules should be modified or if
new rules should be adopted based on the recommendations in the
report. The rules shall require:
(1) contingency plans for all hazardous waste facilities
which provide for effective containment and control in any
emergency condition;
(2) the establishment of a mechanism to assure that money
to cover the costs of closure and postclosure monitoring and
maintenance of hazardous waste facilities will be available;
(3) the maintenance of liability insurance by the owner or
operator of hazardous waste facilities during the operating life
of the facility.
Sec. 37. Minnesota Statutes 1996, section 116.07,
subdivision 10, is amended to read:
Subd. 10. [SOLID WASTE GENERATOR ASSESSMENTS.] (a) For the
purposes of this subdivision:
(1) "assessed waste" means mixed municipal solid waste as
defined in section 115A.03, subdivision 21, infectious waste as
defined in section 116.76, subdivision 12, pathological waste as
defined in section 116.76, subdivision 14, industrial waste as
defined in section 115A.03, subdivision 13a, and construction
debris as defined in section 115A.03, subdivision 7; provided
that all types of assessed waste listed in this clause do not
include:
(i) materials that are separated for recycling by the
generator and that are collected separately from other waste and
delivered to a waste facility for the purpose of recycling and
recycled;
(ii) materials that are separated for recycling by the
generator, collected and delivered to a waste facility that
recycles at least 85 percent of its waste, and are collected
with mixed municipal solid waste that is segregated in leakproof
bags, provided that the mixed municipal solid waste does not
exceed five percent of the total weight of the materials
delivered to the facility and is ultimately delivered to a
facility designated under sections 115A.80 to 115A.893; and
(iii) waste generated outside of Minnesota;
(2) "noncompacted cubic yard" means a loose cubic yard of
assessed waste;
(3) "nonresidential customer" means:
(i) an owner or operator of a business, including a home
operated business, industry, church, nursing home, nonprofit
organization, school, or any other commercial or institutional
enterprise;
(ii) an owner of a building or site containing multiple
residences, including a townhome or manufactured home park,
where no resident has separate trash pickup, and no resident is
separately assessed for such service; and
(iii) any other generator of assessed waste that is not a
residential customer as defined in clause (6);
(4) "periodic waste collection" means each time a waste
container is emptied by the person that collects the assessed
waste;
(5) "person that collects assessed waste" means each person
that is required to pay sales tax on solid waste collection
services under section 297A.45, or would pay sales tax under
that section if the assessed waste was mixed municipal solid
waste; and
(6) "residential customer" means:
(i) a detached single family residence that generates only
household mixed municipal solid waste; and
(ii) a person residing in a building or at a site
containing multiple residences, including a townhome or a
manufactured home park, where each resident either (A) is
separately assessed for waste collection or (B) has separate
waste collection for each resident, even if the resident pays to
the owner or an association a monthly maintenance fee which
includes the expense of waste collection, and the owner or
association pays the waste collector for waste collection in one
lump sum.
(b) A person that collects assessed waste shall collect and
remit to the commissioner of revenue a solid waste generator
assessment from each of the person's customers as provided in
paragraphs (c) and (d). A waste management facility that
accepts assessed waste shall collect and remit to the
commissioner of revenue the solid waste assessment as provided
in paragraph (e).
(c) Except as provided in paragraph (f), the amount of the
assessment for each residential customer is $2 per year. Each
person that collects assessed waste shall collect the assessment
annually from each residential customer that is receiving mixed
municipal solid waste collection service on July 1 of each year
and shall remit the amount actually collected along with the
person's first remittance of the sales tax on solid waste
collection services, described in section 297A.45, made after
October 1 of each year. For buildings or sites that contain
multiple residences that are not separately billed for
collection services, the person who collects assessed waste
shall collect the assessment for all the residences from the
person who is billed for the collection service. Any amount of
the assessment that is received by the person that collects
assessed waste after October 1 of each year must be remitted
along with the person's next remittance of sales tax after
receipt of the assessment.
(d)(1) Except as provided in clause (2), the amount of the
assessment for each nonresidential customer is 60 cents per
noncompacted cubic yard of periodic waste collection capacity
purchased by the customer, based on the size of the container
for the assessed waste. For a residential customer that
generates assessed waste that is not mixed municipal solid
waste, the amount of the assessment is 60 cents per noncompacted
cubic yard of collection capacity purchased for the waste that
is not mixed municipal solid waste, based on the size of the
container for the waste. If the capacity purchased is for
compacted cubic yards of mixed municipal solid waste, the
noncompacted capacity purchased is based on the compaction ratio
of 3:1. The commissioner of revenue, after consultation with
the commissioner of the pollution control agency, shall
determine, and may publish by notice, compaction rates for other
types of waste where they exist and conversion schedules for
waste that is managed by measurements other than cubic yards.
Each person that collects assessed waste shall collect the
assessment from each nonresidential customer as part of each
statement for payment of waste collection charges and shall
remit the amount actually collected along with the next
remittance of sales tax after receipt of the assessment.
(2) The assessment for nonresidential customers for the
mixed municipal solid waste that is collected with
source-separated recyclable materials as described in paragraph
(a), clause (1), item (ii), is three-tenths of a cent per
gallon. The customer must pay by purchasing specific collection
bags or stickers that include the cost of the collection service
and assessment.
(e) A person who transports assessed waste generated by
that person or by another person without compensation shall pay
an assessment of 60 cents per noncompacted cubic yard or the
equivalent to the operator of the waste management facility to
which the waste is delivered. The operator shall remit the
assessments actually collected under this paragraph to the
commissioner of revenue. This subdivision does not apply to a
person who transports industrial waste generated by that person
to a facility owned and operated by that person.
(f) The amount of the assessment for each residential
customer that is subject to a mixed municipal solid waste
collection service for which the customer pays, based on the
volume of waste collected, by purchasing specific collection
bags or stickers from the waste collector, municipality, or
other vendor is either:
(1) determined by a method developed by the waste collector
or municipality and approved by the commissioner of revenue,
which yields the equivalent of approximately a $2 annual
assessment per household; or
(2) three cents per each 35 gallon unit or less. If the
per unit fee method under this clause is used, it is the
responsibility of the waste collector or the municipality who is
selling the bags or stickers to remit the amount of the
assessment to the department of revenue, according to a payment
schedule provided by the commissioner of revenue. The
collection service and assessment under this clause shall be
included in the price of the bag or sticker.
(g) The commissioner of revenue shall redesign sales tax
forms for persons that collect assessed waste to accommodate
payment of the assessment. The amounts remitted under this
subdivision must be deposited in the state treasury and credited
to the solid waste fund established in section 115B.42.
(h) For persons that collect assessed waste and operators
of waste management facilities who are required to collect the
solid waste generator assessments under this subdivision, and
persons who are required to remit the assessment under paragraph
(f), and who do not collect and remit the sales tax on solid
waste collection services under section 297A.45, the
commissioner of revenue shall determine when and in what manner
the persons and operators must remit the assessment amounts
actually collected.
(i) For the purposes of this subdivision, the requirement
to "collect" the solid waste generator assessment under
paragraph (b) means that the person to whom the requirement
applies shall:
(i) include the amount of the assessment in the appropriate
statement of charges for waste collection services and in any
action to enforce payment on delinquent accounts;
(ii) accurately account for assessments received;
(iii) indicate to generators that payment of the assessment
by the waste generator is required by law and inform generators,
using information supplied by the commissioner of the agency, of
the purposes for which revenue from the assessment will be
spent; and
(iv) cooperate fully with the commissioner of revenue to
identify generators of assessed waste who fail to remit payment
of the assessment.
(j) The audit, penalty, enforcement, and administrative
provisions applicable to taxes imposed under chapter 297A apply
to the assessments imposed under this subdivision.
(k) If less than $25,000,000 is projected to be available
for new encumbrances in any fiscal year after fiscal year 1996
from all existing dedicated revenue sources for landfill cleanup
and reimbursement costs under sections 115B.39 to 115B.46
115B.445, by April 1 before the next fiscal year in which the
shortfall is projected the commissioner of the agency shall
certify to the commissioner of revenue the amount of the
shortfall. To provide for the shortfall, the commissioner of
revenue shall increase the assessment under paragraphs (d) and
(e) by an amount sufficient to generate revenue equal to the
amount of the shortfall effective the following July 1 and shall
provide notice of the increased assessment by May 1 following
certification to persons who are required to collect and remit
the solid waste generator assessments under this subdivision.
Sec. 38. Minnesota Statutes 1996, section 116C.91,
subdivision 1, is amended to read:
Subdivision 1. [SCOPE.] As used in sections 116C.91 to
116C.98 116C.97, the terms defined in this section have the
meanings given them.
Sec. 39. Minnesota Statutes 1996, section 116J.75,
subdivision 1, is amended to read:
Subdivision 1. [APPOINTMENT OF DIRECTOR.] The head of the
bureau shall be the director of business licenses. The director
shall be appointed by the commissioner in accordance with
section 216C.23 116J.01, and shall be in the classified service.
Sec. 40. [REPEALER; SECTION 116J.975.]
Minnesota Statutes 1996, section 116J.975, is repealed.
Sec. 41. [REPEALER; SECTION 118.01, SUBDIVISION 1, NOTE.]
Laws 1996, chapter 414, article 1, section 30, is repealed.
Sec. 42. Minnesota Statutes 1996, section 119A.04,
subdivision 5, is amended to read:
Subd. 5. [DEPARTMENT OF PUBLIC SAFETY.] The powers and
duties with respect to the following program is transferred to
the department of children, families, and learning under section
15.039: drug policy and violence prevention and the community
advisory violence prevention councils under sections 119A.25 to
119A.35 119A.33 and 119A.36 119A.34.
Sec. 43. Minnesota Statutes 1996, section 120.062,
subdivision 12, is amended to read:
Subd. 12. [GENERAL EDUCATION AID.] Adjustments to general
education aid, capital expenditure facilities aid, and equipment
aid for the resident and nonresident districts shall be made
according to sections section 124A.036, subdivision 5, and
124.245, subdivision 6, respectively.
Sec. 44. Minnesota Statutes 1996, section 120.075,
subdivision 5, is amended to read:
Subd. 5. General education aid, capital expenditure
facilities aid, capital expenditure equipment aid, and
transportation aid attributable to pupils covered by programs
under this section must be paid according to sections 124A.036,
subdivision 5, 124.245, subdivision 6, and 124.225, subdivision
8l.
Sec. 45. Minnesota Statutes 1996, section 120.0751,
subdivision 6, is amended to read:
Subd. 6. [AID.] General education aid, capital expenditure
facilities aid, capital expenditure equipment aid, and
transportation aid for pupils covered by programs under this
section must be paid according to sections 124A.036, subdivision
5, 124.245, subdivision 6, and 124.225, subdivision 8l.
Sec. 46. Minnesota Statutes 1996, section 120.0752,
subdivision 4, is amended to read:
Subd. 4. General education aid, capital expenditure
facilities aid, capital expenditure equipment aid, and
transportation aid for pupils covered by programs under this
section must be paid according to sections 124A.036, subdivision
5, 124.245, subdivision 6, and 124.225, subdivision 8l.
Sec. 47. Minnesota Statutes 1996, section 121.15,
subdivision 1, is amended to read:
Subdivision 1. [CONSULTATION.] A school district shall
consult with the commissioner of children, families, and
learning before developing any plans and specifications to
construct, remodel, or improve the building or site of an
educational facility for which the estimated cost exceeds
$100,000. This consultation shall occur before a referendum for
bonds, solicitation for bids, or use of capital expenditure
facilities revenue according to section 124.243 124A.22,
subdivision 6 11, clause (2). The commissioner may require the
district to participate in a management assistance plan before
conducting a review and comment on the project.
Sec. 48. Minnesota Statutes 1996, section 121.912,
subdivision 1, is amended to read:
Subdivision 1. [LIMITATIONS.] Except as provided in this
subdivision, sections 121.9121, 123.36, 124.243, 475.61, and
475.65, a school district may not permanently transfer money
from (1) an operating fund to a nonoperating fund; (2) a
nonoperating fund to another nonoperating fund; or (3) a
nonoperating fund to an operating fund. Permanent transfers may
be made from any fund to any other fund to correct for prior
fiscal years' errors discovered after the books have been closed
for that year. Permanent transfers may be made from the general
fund to any other operating funds according to section 123.7045
or if the resources of the other fund are not adequate to
finance approved expenditures from that other fund. Permanent
transfers may also be made from the general fund to eliminate
deficits in another fund when that other fund is being
discontinued. When a district discontinues operation of a
district-owned bus fleet or a substantial portion of a fleet,
the balance shall cancel to the district's general fund.
Sec. 49. Minnesota Statutes 1996, section 124.155,
subdivision 2, is amended to read:
Subd. 2. [ADJUSTMENT TO AIDS.] (a) The amount specified in
subdivision 1 shall be used to adjust the following state aids
and credits in the order listed:
(1) general education aid authorized in sections section
124A.23 and 124B.20;
(2) secondary vocational aid authorized in section 124.573;
(3) special education aid authorized in sections
124.32, and 124.3201, and 124.3202;
(4) secondary vocational aid for children with a disability
authorized in section 124.574;
(5) aid for pupils of limited English proficiency
authorized in section 124.273;
(6) transportation aid authorized in section 124.225;
(7) community education programs aid authorized in section
124.2713;
(8) adult education aid authorized in section 124.26;
(9) early childhood family education aid authorized in
section 124.2711;
(10) capital expenditure aid authorized in sections
124.243, 124.244, and section 124.83;
(11) school district cooperation aid authorized in section
124.2727;
(12) assurance of mastery aid according to section 124.311;
(13) homestead and agricultural credit aid, disparity
credit and aid, and changes to credits for prior year
adjustments according to section 273.1398, subdivisions 2, 3, 4,
and 7;
(14) attached machinery aid authorized in section 273.138,
subdivision 3;
(15) alternative delivery aid authorized in section
124.322;
(16) special education equalization aid authorized in
section 124.321;
(17) special education excess cost aid authorized in
section 124.323;
(18) learning readiness aid authorized in section 124.2615;
and
(19) cooperation-combination aid authorized in section
124.2725.
(b) The commissioner of children, families, and learning
shall schedule the timing of the adjustments to state aids and
credits specified in subdivision 1, as close to the end of the
fiscal year as possible.
Sec. 50. [REPEALER; SECTION 124.2442.]
Minnesota Statutes 1996, section 124.2442, is repealed.
Sec. 51. [REPEALER; SECTION 124.245.]
Minnesota Statutes 1996, section 124.245, is repealed.
Sec. 52. Minnesota Statutes 1996, section 124.248,
subdivision 3, is amended to read:
Subd. 3. [SPECIAL EDUCATION AND LIMITED ENGLISH
PROFICIENCY AID.] Special education aid shall be paid to a
charter school according to sections section 124.3201 and
124.3202, as though it were a school district. The charter
school may charge tuition to the district of residence as
provided in section 120.17, subdivision 4. Limited English
proficiency programs aid shall be paid to a charter school
according to section 124.273 as though it were a school
district. The charter school shall allocate its special
education levy equalization revenue to the resident districts of
the pupils attending the charter school. The districts of
residence shall levy as though they were participating in a
cooperative, as provided in section 124.321, subdivision 3.
Sec. 53. Minnesota Statutes 1996, section 124.2725,
subdivision 11, is amended to read:
Subd. 11. [USE OF REVENUE.] Revenue under this section
shall be used for expenses of cooperating and combining school
districts, including, but not limited to:
(1) secondary course offerings in communications,
mathematics, science, social studies, foreign languages,
physical education, health, and career education if the courses
have specific learner outcomes;
(2) participation by teachers in determining the learner
outcomes;
(3) staff in-service related to cooperation and
combination;
(4) any of the purposes set forth in sections 124.243
section 124A.22, subdivision 6 11, clauses (3),
(4), and (15), and 124.244, subdivision 4, clauses (2), (3),
(4), (5), and (6) (18), (19), (20), (21), and (22), if the
purposes are related to courses offered cooperatively; and
(5) incentives for superintendents, principals, teachers,
and other licensed and nonlicensed employees, such as early
retirement, severance pay, and health insurance benefits.
Sec. 54. Minnesota Statutes 1996, section 124.3201,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purposes of this
section and sections 124.3202 and section 124.321, the
definitions in this subdivision apply.
(a) "Base year" for fiscal year 1996 and fiscal year 1997
means the 1994 summer program and the 1994-1995 school year.
Base year for later fiscal years means the second fiscal year
preceding the fiscal year for which aid will be paid.
(b) "Basic revenue" has the meaning given it in section
124A.22, subdivision 2. For the purposes of computing basic
revenue pursuant to this section, each child with a disability
shall be counted as prescribed in section 124.17, subdivision 1.
(c) "Essential personnel" means teachers, related services,
and support services staff providing direct services to students.
(d) "Average daily membership" has the meaning given it in
section 124.17.
(e) "Program growth factor" means 1.00 for fiscal year 1998
and later.
(f) "Aid percentage factor" means 60 percent for fiscal
year 1996, 70 percent for fiscal year 1997, 80 percent for
fiscal year 1998, 90 percent for fiscal year 1999, and 100
percent for fiscal years 2000 and later.
(g) "Levy percentage factor" means 100 minus the aid
percentage factor for that year.
Sec. 55. Minnesota Statutes 1996, section 124.3201,
subdivision 2b, is amended to read:
Subd. 2b. [SPECIAL EDUCATION COURT PLACEMENT REVENUE.] For
fiscal year 1996 and later, a district's special education court
placement revenue is equal to 50 percent of the difference
between expenditures for teachers' salaries, contracted
services, supplies, and equipment eligible for revenues under
sections section 124.3201 and 124.3202, in the base year and
actual expenditures for pupils with disabilities who receive
services pursuant to a court order.
Sec. 56. [REPEALER; SECTION 124.3202.]
Minnesota Statutes 1996, section 124.3202, is repealed.
Sec. 57. Minnesota Statutes 1996, section 124.321,
subdivision 1, is amended to read:
Subdivision 1. [LEVY EQUALIZATION REVENUE.] (a) For fiscal
years 1996 and later, special education levy equalization
revenue for a school district, excluding an intermediate school
district, equals the sum of the following amounts:
(1) the levy percentage factor for that year times the
district's special education revenue under section 124.3201;
plus
(2) the levy percentage factor for that year times the
district's special education summer program revenue under
section 124.3202; plus
(3) the levy percentage factor for that year times the
district's special education excess cost revenue under section
124.323; plus
(4) (3) the levy percentage factor for that year times the
district's secondary vocational education for children with a
disability revenue under section 124.574; plus
(5) (4) the levy percentage factor for that year times the
district's limited English proficiency programs revenue under
section 124.273.
Sec. 58. Minnesota Statutes 1996, section 124.321,
subdivision 2, is amended to read:
Subd. 2. [REVENUE ALLOCATION FROM STATE ACADEMIES.] (a)
For purposes of this section, the Minnesota state academy for
the deaf or the Minnesota state academy for the blind each year
shall allocate an amount equal to the levy percentage factor for
that year times their special education revenue under section
124.3201 and their special education summer program revenue
under section 124.3202 for the year to each school district that
assigns a child with an individual education plan requiring an
instructional aide to attend either academy. The school
districts that assign a child who requires an instructional aide
may make a levy in the amount of the costs allocated to them by
either academy.
(b) When the Minnesota state academy for the deaf or the
Minnesota state academy for the blind allocates revenue among
school districts that assign a child who requires an
instructional aide, for purposes of the districts making a levy
under this subdivision, the academy shall provide information to
the department of children, families, and learning on the amount
of revenue it allocated to the school districts that assign a
child who requires an instructional aide.
Sec. 59. Minnesota Statutes 1996, section 124.322,
subdivision 1a, is amended to read:
Subd. 1a. [BASE REVENUE ADJUSTMENT.] For the third fiscal
year after approval of a district's application, and thereafter,
the special education base revenue under section 124.3201,
subdivision 1, and the summer program base revenue under section
124.3202, subdivision 1, shall be computed based on activities
defined as reimbursable under state board rules for special
education and nonspecial education students, and additional
activities as detailed and approved by the commissioner of
children, families, and learning.
Sec. 60. Minnesota Statutes 1996, section 124.322,
subdivision 5, is amended to read:
Subd. 5. [USE OF REVENUE.] Revenue under sections section
124.3201 and 124.3202 shall be used to implement the approved
program.
Sec. 61. Minnesota Statutes 1996, section 124.323,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] In this section, the
definitions in this subdivision apply.
(a) "Unreimbursed special education cost" means the sum of
the following:
(1) expenditures for teachers' salaries, contracted
services, supplies, and equipment eligible for revenue under
sections section 124.3201 and 124.3202; plus
(2) expenditures for tuition bills received under section
120.17 for services eligible for revenue under sections
124.3201, subdivision 2, and 124.3202, subdivision 1; minus
(3) revenue for teachers' salaries, contracted services,
supplies, and equipment under sections 124.3201 and 124.3202;
minus
(4) tuition receipts under section 120.17 for services
eligible for revenue under sections 124.3201, subdivision 2, and
124.3202, subdivision 1.
(b) "General revenue," for fiscal year 1996, means the sum
of the general education revenue according to section 124A.22,
subdivision 1, as adjusted according to section 124A.036,
subdivision 5, plus the total referendum revenue according to
section 124A.03, subdivision 1e. For fiscal years 1997 and
later, "general revenue" means the sum of the general education
revenue according to section 124A.22, subdivision 1, as adjusted
according to section 124A.036, subdivision 5, plus the total
referendum revenue minus transportation sparsity revenue minus
total operating capital revenue.
Sec. 62. Minnesota Statutes 1996, section 124.574,
subdivision 7, is amended to read:
Subd. 7. A district shall not receive aid pursuant to
section 124.3201, 124.3202, 124.321, or 124.573 for salaries,
supplies, travel or equipment for which the district receives
aid pursuant to this section.
Sec. 63. Minnesota Statutes 1996, section 124.91,
subdivision 1, is amended to read:
Subdivision 1. [TO LEASE BUILDING OR LAND.] When a
district finds it economically advantageous to rent or lease a
building or land for any instructional purposes or for school
storage or furniture repair, and it determines that the capital
expenditure facilities revenues authorized under sections
124.243 and section 124A.22, subdivision 10, are insufficient
for this purpose, it may apply to the commissioner for
permission to make an additional capital expenditure levy for
this purpose. An application for permission to levy under this
subdivision must contain financial justification for the
proposed levy, the terms and conditions of the proposed lease,
and a description of the space to be leased and its proposed
use. The criteria for approval of applications to levy under
this subdivision must include: the reasonableness of the price,
the appropriateness of the space to the proposed activity, the
feasibility of transporting pupils to the leased building or
land, conformity of the lease to the laws and rules of the state
of Minnesota, and the appropriateness of the proposed lease to
the space needs and the financial condition of the district.
The commissioner must not authorize a levy under this
subdivision in an amount greater than the cost to the district
of renting or leasing a building or land for approved purposes.
The proceeds of this levy must not be used for custodial or
other maintenance services. A district may not levy under this
subdivision for the purpose of leasing or renting a
district-owned building to itself.
Sec. 64. Minnesota Statutes 1996, section 124.918,
subdivision 8, is amended to read:
Subd. 8. [TACONITE PAYMENT AND OTHER REDUCTIONS.] (1)
Reductions in levies pursuant to section 124.918, subdivision 1,
and section 273.138, shall be made prior to the reductions in
clause (2).
(2) Notwithstanding any other law to the contrary,
districts which received payments pursuant to sections 298.018;
298.23 to 298.28, except an amount distributed under section
298.28, subdivision 4, paragraph (c), clause (ii); 298.34 to
298.39; 298.391 to 298.396; 298.405; and any law imposing a tax
upon severed mineral values, or recognized revenue pursuant to
section 477A.15; shall not include a portion of these aids in
their permissible levies pursuant to those sections, but instead
shall reduce the permissible levies authorized by this chapter
and chapter 124A by the greater of the following:
(a) an amount equal to 50 percent of the total dollar
amount of the payments received pursuant to those sections or
revenue recognized pursuant to section 477A.15 in the previous
fiscal year; or
(b) an amount equal to the total dollar amount of the
payments received pursuant to those sections or revenue
recognized pursuant to section 477A.15 in the previous fiscal
year less the product of the same dollar amount of payments or
revenue times the ratio of the maximum levy allowed the district
under Minnesota Statutes 1986, sections 124A.03, subdivision 2,
124A.06, subdivision 3a, 124A.08, subdivision 3a, 124A.10,
subdivision 3a, 124A.12, subdivision 3a, and 124A.14,
subdivision 5a, to the total levy allowed the district under
this section and Minnesota Statutes 1986, sections 124A.03,
124A.06, subdivision 3a, 124A.08, subdivision 3a, 124A.10,
subdivision 3a, 124A.12, subdivision 3a, 124A.14, subdivision
5a, and 124A.20, subdivision 2, for levies certified in 1986.
(3) No reduction pursuant to this subdivision shall reduce
the levy made by the district pursuant to section 124A.23, to an
amount less than the amount raised by a levy of a net tax rate
of 6.82 percent times the adjusted net tax capacity for taxes
payable in 1990 and thereafter of that district for the
preceding year as determined by the commissioner. The amount of
any increased levy authorized by referendum pursuant to section
124A.03, subdivision 2, shall not be reduced pursuant to this
subdivision. The amount of any levy authorized by section
124.912, subdivision 1, to make payments for bonds issued and
for interest thereon, shall not be reduced pursuant to this
subdivision.
(4) Before computing the reduction pursuant to this
subdivision of the capital expenditure facilities levy
authorized by section 124.243, the capital expenditure equipment
levy authorized by section 124.244, the health and safety levy
authorized by sections 124.83 and 124.91, subdivision 6, the
commissioner shall ascertain from each affected school district
the amount it proposes to levy under each section or
subdivision. The reduction shall be computed on the basis of
the amount so ascertained.
(5) Notwithstanding any law to the contrary, any amounts
received by districts in any fiscal year pursuant to sections
298.018; 298.23 to 298.28; 298.34 to 298.39; 298.391 to 298.396;
298.405; or any law imposing a tax on severed mineral values;
and not deducted from general education aid pursuant to section
124A.035, subdivision 5, clause (2), and not applied to reduce
levies pursuant to this subdivision shall be paid by the
district to the St. Louis county auditor in the following amount
by March 15 of each year, the amount required to be subtracted
from the previous fiscal year's general education aid pursuant
to section 124A.035, subdivision 5, which is in excess of the
general education aid earned for that fiscal year. The county
auditor shall deposit any amounts received pursuant to this
clause in the St. Louis county treasury for purposes of paying
the taconite homestead credit as provided in section 273.135.
Sec. 65. Minnesota Statutes 1996, section 124A.036,
subdivision 5, is amended to read:
Subd. 5. [ALTERNATIVE ATTENDANCE PROGRAMS.] The general
education aid for districts must be adjusted for each pupil
attending a nonresident district under sections 120.062,
120.075, 120.0751, 120.0752, 124C.45 to 124C.48, and 126.22.
The adjustments must be made according to this subdivision.
(a) General education aid paid to a resident district must
be reduced by an amount equal to the general education revenue
exclusive of compensatory revenue attributable to the pupil in
the resident district.
(b) General education aid paid to a district serving a
pupil in programs listed in this subdivision shall be increased
by an amount equal to the general education revenue exclusive of
compensatory revenue attributable to the pupil in the
nonresident district.
(c) If the amount of the reduction to be made from the
general education aid of the resident district is greater than
the amount of general education aid otherwise due the district,
the excess reduction must be made from other state aids due the
district.
(d) The district of residence shall pay tuition to a
district or an area learning center, operated according to
paragraph (e), providing special instruction and services to a
pupil with a disability, as defined in section 120.03, or a
pupil, as defined in section 120.181, who is enrolled in a
program listed in this subdivision. The tuition shall be equal
to (1) the actual cost of providing special instruction and
services to the pupil, including a proportionate amount for debt
service and for capital expenditure facilities and equipment,
and debt service but not including any amount for
transportation, minus (2) the amount of general education aid,
the amount of capital expenditure facilities aid and capital
expenditure equipment aid received under section 124.245,
subdivision 6, and special education aid, attributable to that
pupil, that is received by the district providing special
instruction and services.
(e) An area learning center operated by a service
cooperative, intermediate district, education district, or a
joint powers cooperative may elect through the action of the
constituent boards to charge tuition for pupils rather than to
calculate general education aid adjustments under paragraph (a),
(b), or (c). The tuition must be equal to the greater of the
average general education revenue per pupil unit attributable to
the pupil, or the actual cost of providing the instruction,
excluding transportation costs, if the pupil meets the
requirements of section 120.03 or 120.181.
Sec. 66. Minnesota Statutes 1996, section 124A.225,
subdivision 2, is amended to read:
Subd. 2. [INSTRUCTOR DEFINED.] Primary instructor means a
public employee licensed by the board of teaching whose duties
are full-time instruction, excluding a teacher for whom
categorical aids are received pursuant to sections 124.3201,
124.3202, and 124.321. Except as provided in section 125.230,
subdivision 6, instructor does not include supervisory and
support personnel, except school social workers as defined in
section 125.03. An instructor whose duties are less than
full-time instruction must be included as an equivalent only for
the number of hours of instruction in grades kindergarten
through 6.
Sec. 67. Minnesota Statutes 1996, section 124A.26,
subdivision 1, is amended to read:
Subdivision 1. [REVENUE REDUCTION.] A district's general
education revenue for a school year shall be reduced if the
estimated net unappropriated operating fund balance as of June
30 in the prior school year exceeds 25 percent of the formula
allowance for the current fiscal year times the fund balance
pupil units in the prior year. For purposes of this subdivision
and section 124.243, subdivision 2, fund balance pupil units
means the number of resident pupil units in average daily
membership, including shared time pupils, according to section
124A.02, subdivision 20, plus
(1) pupils attending the district for which general
education aid adjustments are made according to section
124A.036, subdivision 5; minus
(2) the sum of the resident pupils attending other
districts for which general education aid adjustments are made
according to section 124A.036, subdivision 5, plus pupils for
whom payment is made according to section 126.22, subdivision 8,
or 126.23. The amount of the reduction shall equal the lesser
of:
(1) the amount of the excess, or
(2) $250 times the actual pupil units for the school year.
The final adjustment payments made under section 124.195,
subdivision 6, must be adjusted to reflect actual net operating
fund balances as of June 30 of the prior school year.
Sec. 68. Minnesota Statutes 1996, section 124C.60,
subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY.] Two or more districts that
have consolidated under section 122.23 or combined under
sections 122.241 to 122.248, are eligible for a capital
facilities grant of up to $200,000 for fiscal year 1995 and
$100,000 thereafter under this section. To qualify the
following criteria must be met:
(1) the proposed facility changes are part of the plan
according to section 122.242, subdivision 10, or the plan
adopted by the reorganized district according to section
124.243, subdivision 1;
(2) the changes proposed to a facility must be needed to
accommodate changes in the educational program due to the
reorganization;
(3) the utilization of the facility for educational
programs is at least 85 percent of capacity; and
(4) the grant will be used only to remodel or improve
existing facilities.
Sec. 69. Minnesota Statutes 1996, section 124C.60,
subdivision 3, is amended to read:
Subd. 3. [USE OF GRANT MONEY.] The grant money may be used
for any capital expenditures specified in section 124.243
124A.22, subdivision 6 11, clauses (4), (6), (7), (8), (9), and
(10).
Sec. 70. Minnesota Statutes 1996, section 126.22,
subdivision 7, is amended to read:
Subd. 7. [AID ADJUSTMENTS.] General education aid, capital
expenditure aid, and transportation aid attributable to a pupil
covered by programs under this section must be paid according to
sections 124A.036, subdivision 5, 124.245, subdivision 6, and
124.225, subdivision 8l, respectively.
Sec. 71. Minnesota Statutes 1996, section 126.51,
subdivision 1, is amended to read:
Subdivision 1. [PARENT COMMITTEE.] School boards and
American Indian schools shall provide for the maximum
involvement of parents of children enrolled in education
programs, including language and culture education programs,
programs for elementary and secondary grades, special education
programs, and support services. Accordingly, the school board
of a school district in which there are ten or more American
Indian children enrolled and each American Indian school shall
establish a parent committee. If a committee whose membership
consists of a majority of parents of American Indian children
has been or is established according to federal, tribal, or
other state law, that committee may serve as the committee
required by this section and shall be subject to, at least, the
requirements of this subdivision and subdivision 1a.
The parent committee shall develop its recommendations in
consultation with the curriculum advisory committee required by
section 126.666 123.972, subdivision 2 3. This committee shall
afford parents the necessary information and the opportunity
effectively to express their views concerning all aspects of
American Indian education and the educational needs of the
American Indian children enrolled in the school or program. The
committee shall also address the need for adult education
programs for American Indian people in the community. The
school board or American Indian school shall ensure that
programs are planned, operated, and evaluated with the
involvement of and in consultation with parents of children
served by the programs.
Sec. 72. Minnesota Statutes 1996, section 126.72,
subdivision 2, is amended to read:
Subd. 2. [PURPOSE.] The school board shall determine the
needs of its classroom teachers and the need for changes in its
curriculum. In determining these needs, the school board shall
obtain recommendations from classroom teachers, staff
responsible for curriculum, and the curriculum advisory
committee. It shall consider assessment results, other test
results, the need for mentor teachers, and the district
improvement plan portion of the report adopted according to
section 126.666 123.972, subdivision 4 5. Contracts executed
under this section shall relate directly to the identified needs.
Sec. 73. [REVISOR'S INSTRUCTION; SECTIONS 136A.172 to
136A.178.]
The revisor shall change the citation from section 136A.179
to section 136A.178 in the following sections of Minnesota
Statutes: 136A.172; 136A.173; 136A.174; 136A.175; 136A.176;
136A.177; and 136A.178.
Sec. 74. Minnesota Statutes 1996, section 136D.94, is
amended to read:
136D.94 [REFUNDING BONDS.]
Sections 136D.281, subdivision 8, 136D.741, subdivision 8,
and 136D.87 136D.88, subdivision 8, do not apply to bonds issued
solely for refunding purposes.
Sec. 75. [REPEALER; SECTION 144A.61, SUBDIVISION 6 NOTE.]
Laws 1989, chapter 282, article 3, section 28, is repealed.
Sec. 76. Minnesota Statutes 1996, section 147A.13,
subdivision 1, is amended to read:
Subdivision 1. [GROUNDS LISTED.] The board may refuse to
grant registration or may impose disciplinary action as
described in this subdivision against any physician assistant.
The following conduct is prohibited and is grounds for
disciplinary action:
(1) failure to demonstrate the qualifications or satisfy
the requirements for registration contained in this chapter or
rules of the board. The burden of proof shall be upon the
applicant to demonstrate such qualifications or satisfaction of
such requirements;
(2) obtaining registration by fraud or cheating, or
attempting to subvert the examination process. Conduct which
subverts or attempts to subvert the examination process
includes, but is not limited to:
(i) conduct which violates the security of the examination
materials, such as removing examination materials from the
examination room or having unauthorized possession of any
portion of a future, current, or previously administered
licensing examination;
(ii) conduct which violates the standard of test
administration, such as communicating with another examinee
during administration of the examination, copying another
examinee's answers, permitting another examinee to copy one's
answers, or possessing unauthorized materials; and
(iii) impersonating an examinee or permitting an
impersonator to take the examination on one's own behalf;
(3) conviction, during the previous five years, of a felony
reasonably related to the practice of physician assistant.
Conviction as used in this subdivision includes a conviction of
an offense which if committed in this state would be deemed a
felony without regard to its designation elsewhere, or a
criminal proceeding where a finding or verdict of guilt is made
or returned but the adjudication of guilt is either withheld or
not entered;
(4) revocation, suspension, restriction, limitation, or
other disciplinary action against the person's physician
assistant credentials in another state or jurisdiction, failure
to report to the board that charges regarding the person's
credentials have been brought in another state or jurisdiction,
or having been refused registration by any other state or
jurisdiction;
(5) advertising which is false or misleading, violates any
rule of the board, or claims without substantiation the positive
cure of any disease or professional superiority to or greater
skill than that possessed by another physician assistant;
(6) violating a rule adopted by the board or an order of
the board, a state, or federal law which relates to the practice
of a physician assistant, or in part regulates the practice of a
physician assistant, including without limitation sections
148A.02, 609.344, and 609.345, or a state or federal narcotics
or controlled substance law;
(7) engaging in any unethical conduct; conduct likely to
deceive, defraud, or harm the public, or demonstrating a willful
or careless disregard for the health, welfare, or safety of a
patient; or practice which is professionally incompetent, in
that it may create unnecessary danger to any patient's life,
health, or safety, in any of which cases, proof of actual injury
need not be established;
(8) failure to adhere to the provisions of the
physician-physician assistant agreement;
(9) engaging in the practice of medicine beyond that
allowed by the physician-physician assistant agreement,
including the delegation form or the addendum to the delegation
form, or aiding or abetting an unlicensed person in the practice
of medicine;
(10) adjudication as mentally incompetent, mentally ill or
mentally retarded, or as a chemically dependent person, a person
dangerous to the public, a sexually dangerous person, or a
person who has a sexual psychopathic personality by a court of
competent jurisdiction, within or without this state. Such
adjudication shall automatically suspend a registration for its
duration unless the board orders otherwise;
(11) engaging in unprofessional conduct. Unprofessional
conduct includes any departure from or the failure to conform to
the minimal standards of acceptable and prevailing practice in
which proceeding actual injury to a patient need not be
established;
(12) inability to practice with reasonable skill and safety
to patients by reason of illness, drunkenness, use of drugs,
narcotics, chemicals, or any other type of material, or as a
result of any mental or physical condition, including
deterioration through the aging process or loss of motor skills;
(13) revealing a privileged communication from or relating
to a patient except when otherwise required or permitted by law;
(14) any use of the title "Physician," "Doctor," or "Dr.";
(15) improper management of medical records, including
failure to maintain adequate medical records, to comply with a
patient's request made pursuant to section 144.335, or to
furnish a medical record or report required by law;
(16) engaging in abusive or fraudulent billing practices,
including violations of the federal Medicare and Medicaid laws
or state medical assistance laws;
(17) becoming addicted or habituated to a drug or
intoxicant;
(18) prescribing a drug or device for other than medically
accepted therapeutic, experimental, or investigative purposes
authorized by a state or federal agency or referring a patient
to any health care provider as defined in section 144.335 for
services or tests not medically indicated at the time of
referral;
(19) engaging in conduct with a patient which is sexual or
may reasonably be interpreted by the patient as sexual, or in
any verbal behavior which is seductive or sexually demeaning to
a patient;
(20) failure to make reports as required by section 609.215
147A.14 or to cooperate with an investigation of the board as
required by section 609.215 147A.15, subdivision 3;
(21) knowingly providing false or misleading information
that is directly related to the care of that patient unless done
for an accepted therapeutic purpose such as the administration
of a placebo;
(22) aiding suicide or aiding attempted suicide in
violation of section 609.215 as established by any of the
following:
(i) a copy of the record of criminal conviction or plea of
guilty for a felony in violation of section 609.215, subdivision
1 or 2;
(ii) a copy of the record of a judgment of contempt of
court for violating an injunction issued under section 609.215,
subdivision 4;
(iii) a copy of the record of a judgment assessing damages
under section 609.215, subdivision 5; or
(iv) a finding by the board that the person violated
section 609.215, subdivision 1 or 2. The board shall
investigate any complaint of a violation of section 609.215,
subdivision 1 or 2; or
(23) failure to maintain annually reviewed and updated
physician-physician assistant agreements, internal protocols, or
prescribing delegation forms for each physician-physician
assistant practice relationship, or failure to provide copies of
such documents upon request by the board.
Sec. 77. Minnesota Statutes 1996, section 148.235,
subdivision 4, is amended to read:
Subd. 4. [CLINICAL NURSE SPECIALISTS IN PSYCHIATRIC AND
MENTAL HEALTH NURSING.] A registered nurse who (1) has a masters
degree, (2) is certified through a national professional nursing
organization which certifies clinical specialists in psychiatric
and mental health nursing and is included in the list of
professional nursing organizations adopted by the board under
section 62A.15, subdivision 3a, (3) has successfully completed
no less than 30 hours of formal study in the prescribing of
psychotropic medications and medications to treat their side
effects which included instruction in health assessment,
psychotropic classifications, psychopharmacology, indications,
dosages, contraindications, side effects, and evidence of
application, and (4) has a verbal agreement or a written
agreement with a psychiatrist based on standards established by
the Minnesota Nurses Association and the Minnesota Psychiatric
Association that specifies and defines the delegated
responsibilities related to the prescription of drugs in
relationship to the diagnosis, may prescribe and administer
drugs used to treat psychiatric and behavioral disorders and the
side effects of those drugs within the scope of the written
agreement and within practice as a clinical specialist in
psychiatric and mental health nursing. The written agreement
required under this subdivision shall be based on standards
established by the Minnesota Nurses Association and the
Minnesota medical Psychiatric Association as of January 1, 1996,
unless both associations agree to revisions. The written
agreement shall be maintained at the certified clinical nurse
specialist's place of employment and does not need to be filed
with the board of nursing.
Nothing in this subdivision removes or limits the legal
professional liability of the treating psychiatrist, clinical
nurse specialist, mental health clinic or hospital for the
prescription and administration of drugs by a clinical
specialist in accordance with this subdivision.
Sec. 78. Minnesota Statutes 1996, section 168.129,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.] The
commissioner of public safety shall issue special collegiate
license plates to an applicant who:
(1) is an owner or joint owner of a passenger automobile,
pickup truck, or van;
(2) pays a fee determined by the commissioner to cover the
costs of handling and manufacturing the plates;
(3) pays the registration tax required under section 168.12
168.013;
(4) pays the fees required under this chapter;
(5) contributes at least $25 annually to the scholarship
account established in subdivision 6; and
(6) complies with laws and rules governing registration and
licensing of vehicles and drivers.
Sec. 79. Minnesota Statutes 1996, section 169.145, is
amended to read:
169.145 [IMPLEMENTS OF HUSBANDRY; SPEED; BRAKES.]
No person may:
(1) drive or tow an implement of husbandry that exceeds
6,000 pounds registered gross weight or gross vehicle weight and
is not equipped with brakes; or
(2) tow a vehicle registered as a farm trailer that exceeds
6,000 pounds registered gross weight or gross vehicle weight and
is not equipped with brakes and exceeding 6,000 pounds, at a
speed in excess of 25 miles per hour.
Sec. 80. Minnesota Statutes 1996, section 176.081,
subdivision 1, is amended to read:
Subdivision 1. [LIMITATION OF FEES.] (a) A fee for legal
services of 25 percent of the first $4,000 of compensation
awarded to the employee and 20 percent of the next $60,000 of
compensation awarded to the employee is the maximum permissible
fee and does not require approval by the commissioner,
compensation judge, or any other party. All fees, including
fees for obtaining medical or rehabilitation benefits, must be
calculated according to the formula under this subdivision,
except as otherwise provided in clause (1) or (2).
(1) The contingent attorney fee for recovery of monetary
benefits according to the formula in this section is presumed to
be adequate to cover recovery of medical and rehabilitation
benefit or services concurrently in dispute. Attorney fees for
recovery of medical or rehabilitation benefits or services shall
be assessed against the employer or insurer only if the attorney
establishes that the contingent fee is inadequate to reasonably
compensate the attorney for representing the employee in the
medical or rehabilitation dispute. In cases where the
contingent fee is inadequate the employer or insurer is liable
for attorney fees based on the formula in this subdivision or in
clause (2).
For the purposes of applying the formula where the employer
or insurer is liable for attorney fees, the amount of
compensation awarded for obtaining disputed medical and
rehabilitation benefits under sections 176.102, 176.135, and
176.136 shall be the dollar value of the medical or
rehabilitation benefit awarded, where ascertainable.
(2) The maximum attorney fee for obtaining a change of
doctor or qualified rehabilitation consultant, or any other
disputed medical or rehabilitation benefit for which a dollar
value is not reasonably ascertainable, is the amount charged in
hourly fees for the representation or $500, whichever is less,
to be paid by the employer or insurer.
(3) The fees for obtaining disputed medical or
rehabilitation benefits are included in the $13,000 limit in
paragraph (b). An attorney must concurrently file all
outstanding disputed issues. An attorney is not entitled to
attorney fees for representation in any issue which could
reasonably have been addressed during the pendency of other
issues for the same injury.
(b) All fees for legal services related to the same injury
are cumulative and may not exceed $13,000. If multiple injuries
are the subject of a dispute, the commissioner, compensation
judge, or court of appeals shall specify the attorney fee
attributable to each injury.
(c) If the employer or the insurer or the defendant is
given written notice of claims for legal services or
disbursements, the claim shall be a lien against the amount paid
or payable as compensation. Subject to the foregoing maximum
amount for attorney fees, up to 25 percent of the first $4,000
of periodic compensation awarded to the employee and 20 percent
of the next $60,000 of periodic compensation awarded to the
employee may be withheld from the periodic payments for attorney
fees or disbursements if the payor of the funds clearly
indicates on the check or draft issued to the employee for
payment the purpose of the withholding, the name of the
attorney, the amount withheld, and the gross amount of the
compensation payment before withholding. In no case shall fees
be calculated on the basis of any undisputed portion of
compensation awards. Allowable fees under this chapter shall be
based solely upon genuinely disputed claims or portions of
claims, including disputes related to the payment of
rehabilitation benefits or to other aspects of a rehabilitation
plan. The existence of a dispute is dependent upon a
disagreement after the employer or insurer has had adequate time
and information to take a position on liability. Neither the
holding of a hearing nor the filing of an application for a
hearing alone may determine the existence of a dispute. Except
where the employee is represented by an attorney in other
litigation pending at the department or at the office of
administrative hearings, a fee may not be charged after June 1,
1996, for services with respect to a medical or rehabilitation
issue arising under section 176.102, 176.135, or 176.136
performed before the employee has consulted with the department
and the department certifies that there is a dispute and that it
has tried to resolve the dispute.
(d) An attorney who is claiming legal fees for representing
an employee in a workers' compensation matter shall file a
statement of attorney fees with the commissioner, compensation
judge before whom the matter was heard, or workers' compensation
court of appeals on cases before the court. A copy of the
signed retainer agreement shall also be filed. The employee and
insurer shall receive a copy of the statement. The statement
shall be on a form prescribed by the commissioner and shall
report the number of hours spent on the case.
(e) Employers and insurers may not pay attorney fees or
wages for legal services of more than $13,000 per case unless
the additional fees or wages are approved under subdivision 2.
(f) Each insurer and self-insured employer shall file
annual statements with the commissioner detailing the total
amount of legal fees and other legal costs incurred by the
insurer or employer during the year. The statement shall
include the amount paid for outside and in-house counsel,
deposition and other witness fees, and all other costs relating
to litigation.
Sec. 81. Minnesota Statutes 1996, section 179A.03,
subdivision 7, is amended to read:
Subd. 7. [ESSENTIAL EMPLOYEE.] "Essential employee" means
firefighters, peace officers subject to licensure under sections
626.84 to 626.855 626.863, guards at correctional facilities,
confidential employees, supervisory employees, assistant county
attorneys, principals, and assistant principals. However, for
state employees, "essential employee" means all employees in law
enforcement, health care professionals, correctional guards,
professional engineering, and supervisory collective bargaining
units, irrespective of severance, and no other employees. For
University of Minnesota employees, "essential employee" means
all employees in law enforcement, nursing professional and
supervisory units, irrespective of severance, and no other
employees. "Firefighters" means salaried employees of a fire
department whose duties include, directly or indirectly,
controlling, extinguishing, preventing, detecting, or
investigating fires.
Sec. 82. Minnesota Statutes 1996, section 179A.03,
subdivision 14, is amended to read:
Subd. 14. [PUBLIC EMPLOYEE.] "Public employee" or
"employee" means any person appointed or employed by a public
employer except:
(a) elected public officials;
(b) election officers;
(c) commissioned or enlisted personnel of the Minnesota
national guard;
(d) emergency employees who are employed for emergency work
caused by natural disaster;
(e) part-time employees whose service does not exceed the
lesser of 14 hours per week or 35 percent of the normal work
week in the employee's appropriate unit;
(f) employees whose positions are basically temporary or
seasonal in character and: (1) are not for more than 67 working
days in any calendar year; or (2) are not for more than 100
working days in any calendar year and the employees are under
the age of 22, are full-time students enrolled in a nonprofit or
public educational institution prior to being hired by the
employer, and have indicated, either in an application for
employment or by being enrolled at an educational institution
for the next academic year or term, an intention to continue as
students during or after their temporary employment;
(g) employees providing services for not more than two
consecutive quarters to the state university board or the
community college board under the terms of a professional or
technical services contract as defined in section 16B.17,
subdivision 1;
(h) employees of charitable hospitals as defined by section
179.35, subdivision 3;
(i) full-time undergraduate students employed by the school
which they attend under a work-study program or in connection
with the receipt of financial aid, irrespective of number of
hours of service per week;
(j) an individual who is employed for less than 300 hours
in a fiscal year as an instructor in an adult vocational
education program;
(k) an individual hired by a school district, the community
college board, or the state university board, to teach one
course for up to four credits for one quarter in a year.
The following individuals are public employees regardless
of the exclusions of clauses (e) and (f):
(1) An employee hired by a school district, the community
college board, or the state university board, except at the
university established in section 136F.017 136F.13 or for
community services or community education instruction offered on
a noncredit basis: (i) to replace an absent teacher or faculty
member who is a public employee, where the replacement employee
is employed more than 30 working days as a replacement for that
teacher or faculty member; or (ii) to take a teaching position
created due to increased enrollment, curriculum expansion,
courses which are a part of the curriculum whether offered
annually or not, or other appropriate reasons; and
(2) An employee hired for a position under clause (f)(1) if
that same position has already been filled under clause (f)(1)
in the same calendar year and the cumulative number of days
worked in that same position by all employees exceeds 67
calendar days in that year. For the purpose of this paragraph,
"same position" includes a substantially equivalent position if
it is not the same position solely due to a change in the
classification or title of the position.
Sec. 83. Minnesota Statutes 1996, section 179A.06,
subdivision 2, is amended to read:
Subd. 2. [RIGHT TO ORGANIZE.] Public employees have the
right to form and join labor or employee organizations, and have
the right not to form and join such organizations. Public
employees in an appropriate unit have the right by secret ballot
to designate an exclusive representative to negotiate grievance
procedures and the terms and conditions of employment with their
employer. Confidential employees of the state and the
University of Minnesota are excluded from bargaining. Other
confidential employees, supervisory employees, principals, and
assistant principals may form their own organizations. An
employer shall extend exclusive recognition to a representative
of or an organization of supervisory or confidential employees,
or principals and assistant principals, for the purpose of
negotiating terms or conditions of employment, in accordance
with sections 179A.01 to 179A.25, applicable to essential
employees.
Supervisory or confidential employee organizations shall
not participate in any capacity in any negotiations which
involve units of employees other than supervisory or
confidential employees. Except for organizations which
represent supervisors who are: (1) firefighters, peace officers
subject to licensure under sections 626.84 to 626.855 626.863,
guards at correctional facilities, or employees at hospitals
other than state hospitals; and (2) not state or University of
Minnesota employees, a supervisory or confidential employee
organization which is affiliated with another employee
organization which is the exclusive representative of
nonsupervisory or nonconfidential employees of the same public
employer shall not be certified, or act as, an exclusive
representative for the supervisory or confidential employees.
For the purpose of this subdivision, affiliation means either
direct or indirect and includes affiliation through a federation
or joint body of employee organizations.
Sec. 84. Minnesota Statutes 1996, section 179A.09,
subdivision 3, is amended to read:
Subd. 3. [DIVISION OF UNITS.] If a designated appropriate
unit contains both peace officers subject to licensure under
sections 626.84 to 626.855 626.863 and essential employees who
are not peace officers, the commissioner, at the request of a
majority of either the peace officers or the other essential
employees within the unit, shall divide the unit into two
separate appropriate units, one for the peace officers and one
for the other essential employees.
Sec. 85. Minnesota Statutes 1996, section 181.14, is
amended to read:
181.14 [NOTICE TO BE GIVEN; SETTLEMENT OF DISPUTES.]
When any such employee, not having a contract for a
definite period of service, quits or resigns employment, the
wages or commissions earned and unpaid at the time the employee
quits or resigns shall become due and payable within five days
thereafter. Any employer failing or refusing to pay such wages
or commissions, after they become due, upon the demand of the
employee, shall be liable to the employee from the date of the
demand for an additional sum equal to the amount of the
employee's average daily earnings provided in the contract of
employment, for every day, not exceeding 15 days in all, until
such payment or other settlement satisfactory to the employee is
made. If any employee having such a contract gives not less
than five days' written notice to the employer of intention to
quit, the wages or commissions of the employee giving notice may
be demanded and shall become due 24 hours after the employee
quits or resigns, and the penalty herein provided shall apply
from the date of demand. If the employer disputes the amount of
wages or commissions claimed by the employee under the
provisions of this section or section 181.13, and the employer
makes a legal tender of the amount which the employer in good
faith claims to be due, the employer shall not be liable for any
sum greater than the amount so tendered and interest thereon at
the legal rate, unless, in an action brought in a court having
jurisdiction, the employee recovers a greater sum than the
amount so tendered with interest thereon; and if, in the suit,
the employee fails to recover a greater sum than that so
tendered, with interest, the employee shall pay the cost of the
suit, otherwise the cost shall be paid by the employer. In
cases where the discharged or quitting employee was, during
employment, entrusted with the collection, disbursement, or
handling of money or property, the employer shall have ten
secular days after the termination of the employment to audit
and adjust the accounts of the employee before the employee's
wages or commissions shall become due and payable, and the
penalty herein provided shall apply in such case only from the
date of demand made after the expiration of the period allowed
for audit and adjustment. If, upon such audit and adjustment of
the accounts of the employee, it is found that any money or
property entrusted to the employee by the employer has not been
properly accounted for or paid over to the employer, as provided
by the terms of the contract of employment, the employee shall
not be entitled to the benefit of sections 181.13 to 181.17
181.171, but the claim for unpaid wages or commissions of such
employee, if any, shall be disposed of as provided by existing
law. Wages and commissions paid under this section shall be
paid at the usual place of payment unless the employee requests
that the wages and commissions be sent to the employee through
the mails. If, in accordance with a request by the employee,
the employee's wages and commissions are sent to the employee
through the mail, the wages and commissions shall be deemed to
have been paid as of the date of their postmark for the purposes
of this section.
Sec. 86. Minnesota Statutes 1996, section 181.15, is
amended to read:
181.15 [WHEN EMPLOYEE NOT ENTITLED TO BENEFITS.]
No such servant or employee who hides or stays away to
avoid receiving payment, or refuses to receive the same when
fully tendered, shall be entitled to any benefit under sections
181.13 to 181.17 181.171 for such time as so avoiding payment;
provided, when any number of employees enter upon a strike the
wages due such striking employees at the time of entering upon
such strike shall not become due until the next regular pay day
after the commencement of such strike.
Sec. 87. Minnesota Statutes 1996, section 181.16, is
amended to read:
181.16 [CONSTRUCTION OF SECTIONS 181.13 TO 181.17 181.171.]
Sections 181.13 to 181.17 181.171 shall not be construed to
apply to any employer or an individual, copartnership, or
corporation that is bankrupt, or where a receiver or trustee is
acting under the direction of the court. Payment or tender by
check drawn on a bank situated in the county where a laborer is
employed shall be a sufficient payment or tender to comply with
the provisions of sections 181.13 to 181.17 181.171.
Sec. 88. Minnesota Statutes 1996, section 183.57,
subdivision 2, is amended to read:
Subd. 2. Every boiler or pressure vessel as to which any
insurance company authorized to do business in this state has
issued a policy of insurance, after the inspection thereof, is
exempt from inspection made under sections 183.375 to 183.62,
while the same continues to be insured and the person, firm, or
corporation owning or operating the same has an unexpired
certificate of exemption from inspection, issued by the chief
boiler inspector. The fee set by the commissioner pursuant to
section 16A.128 16A.1285, on the first object inspected and on
each object thereafter shall apply to each exempt object. A
certificate of exemption expires one year from date of issue.
The certificate of exemption shall be posted in a conspicuous
place near the boiler or pressure vessel or in the plant office
or boiler room described therein and to which it relates. Every
insurance company shall give written notice to the chief boiler
inspector of the cancellation or expiration of every policy of
insurance issued by it with reference to policies in this state,
and the cause or reason for the cancellation or expiration.
These notices of cancellation or expiration shall show the date
of the policy and the date when the cancellation has or will
become effective.
Sec. 89. Minnesota Statutes 1996, section 197.447, is
amended to read:
197.447 [VETERAN, DEFINED.]
The word "veteran" as used in Minnesota Statutes, except in
sections 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. 90. Minnesota Statutes 1996, section 214.01,
subdivision 2, is amended to read:
Subd. 2. [HEALTH-RELATED LICENSING BOARD.] "Health-related
licensing board" means the board of examiners of nursing home
administrators established pursuant to section 144A.19, the
board of medical practice created pursuant to section 147.01,
the board of nursing created pursuant to section 148.181, the
board of chiropractic examiners established pursuant to section
148.02, the board of optometry established pursuant to section
148.52, the board of psychology established pursuant to section
148.90, the board of social work licensing board pursuant to
section 148B.19, the board of marriage and family therapy
pursuant to section 148B.30, the office of mental health
practice established pursuant to section 148B.61, the chemical
dependency counseling alcohol and drug counselors licensing
advisory council established pursuant to section 148C.02, the
board of dietetics and nutrition practice established under
section 148.622, the board of dentistry established pursuant to
section 150A.02, the board of pharmacy established pursuant to
section 151.02, the board of podiatric medicine established
pursuant to section 153.02, and the board of veterinary
medicine, established pursuant to section 156.01.
Sec. 91. [REPEALER; SECTION 216C.06, SUBDIVISIONS 10 AND
11.]
Minnesota Statutes 1996, section 216C.06, subdivisions 10
and 11, are repealed.
Sec. 92. Minnesota Statutes 1996, section 216C.35, is
amended to read:
216C.35 [PRIORITIES FOR FUNDING.]
All applications for funding shall be made to the
commissioner. Applications shall be accompanied by a report on
the energy using characteristics of the building and any other
information the commissioner may reasonably require. A school
or local government may apply to the commissioner to receive
reimbursement for up to the reasonable costs of mini-audits or
maxi-audits performed pursuant to section 216C.23 or 216C.24. In
the event that the applicant receives federal money pursuant to
the National Energy Conservation Policy Act, Public Law Number
95-619 that is intended to be used to pay part or all of the
costs of a mini-audit or maxi-audit, the applicant shall receive
state money, which, when combined with federal money received,
equals the reasonable costs of the mini-audit or maxi-audit.
Sec. 93. Minnesota Statutes 1996, section 244.17,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY.] The commissioner must limit the
challenge incarceration program to the following persons:
(1) offenders who are committed to the commissioner's
custody following revocation of a stayed sentence; and
(2) offenders who are committed to the commissioner's
custody, who have 36 months or less in or remaining in their
term of imprisonment, and who did not receive a dispositional
departure under the sentencing guidelines.
An eligible inmate is not entitled to participate in the program.
Sec. 94. Minnesota Statutes 1996, section 245.462,
subdivision 16, is amended to read:
Subd. 16. [MENTAL HEALTH FUNDS.] "Mental health funds" are
funds expended under sections 245.73 and 256E.12, federal mental
health block grant funds, and funds expended under
sections section 256D.06 and 256D.37 to facilities licensed
under Minnesota Rules, parts 9520.0500 to 9520.0690.
Sec. 95. Minnesota Statutes 1996, section 245.4881,
subdivision 2, is amended to read:
Subd. 2. [NOTIFICATION AND DETERMINATION OF CASE
MANAGEMENT ELIGIBILITY.] (a) The county board shall notify, as
appropriate, the child, child's parent, or child's legal
representative of the child's potential eligibility for case
management services within five working days after receiving a
request from an individual or a referral from a provider under
section 245.4876, subdivision 4.
(b) The county board shall send a notification written in
plain language of potential eligibility for case management and
family community support services. The notification shall
identify the designated case management providers and shall
contain:
(1) a brief description of case management and family
community support services;
(2) the potential benefits of these services;
(3) the identity and current phone number of the county
employee designated to coordinate case management activities;
(4) an explanation of how to obtain county assistance in
obtaining a diagnostic assessment, if needed; and
(5) an explanation of the appeal process.
The county board shall send the notice, as appropriate, to
the child, the child's parent, or the child's legal
representative, if any.
(c) The county board must promptly determine whether a
child who requests or is referred for case management services
meets the criteria of section 245.471 or 245.4871, subdivision
6. If a diagnostic assessment is needed to make the
determination, the county board must offer to assist the child
and the child's family in obtaining one. The county board shall
notify, in writing, the child and the child's representative, if
any, of the eligibility determination. If the child is
determined to be eligible for case management services, and if
the child and the child's family consent to the services, the
county board shall refer the child to the case management
provider for case management services. If the child is
determined not to be eligible or refuses case management
services, the county board shall notify the child of the appeal
process and shall offer to refer the child to a mental health
provider or other appropriate service provider and to assist the
child in making an appointment with the provider of the child's
choice.
Sec. 96. Minnesota Statutes 1996, section 252.40, is
amended to read:
252.40 [SERVICE PRINCIPLES AND RATE-SETTING PROCEDURES FOR
DAY TRAINING AND HABILITATION SERVICES FOR ADULTS WITH MENTAL
RETARDATION AND RELATED CONDITIONS.]
Sections 252.40 to 252.47 252.46 apply to day training and
habilitation services for adults with mental retardation and
related conditions when the services are authorized to be funded
by a county and provided under a contract between a county board
and a vendor as defined in section 252.41. Nothing in sections
252.40 to 252.47 252.46 absolves intermediate care facilities
for persons with mental retardation or related conditions of the
responsibility for providing active treatment and habilitation
under federal regulations with which those facilities must
comply to be certified by the Minnesota department of health.
Sec. 97. Minnesota Statutes 1996, section 252.41,
subdivision 1, is amended to read:
Subdivision 1. [SCOPE.] The definitions in this section
apply to sections 252.40 to 252.47 252.46.
Sec. 98. Minnesota Statutes 1996, section 252.43, is
amended to read:
252.43 [COMMISSIONER'S DUTIES.]
The commissioner shall supervise county boards' provision
of day training and habilitation services to adults with mental
retardation and related conditions. The commissioner shall:
(1) determine the need for day training and habilitation
services under section 252.28;
(2) approve payment rates established by a county under
section 252.46, subdivision 1;
(3) adopt rules for the administration and provision of day
training and habilitation services under sections 252.40 to
252.47 252.46 and sections 245A.01 to 245A.16 and 252.28,
subdivision 2;
(4) enter into interagency agreements necessary to ensure
effective coordination and provision of day training and
habilitation services;
(5) monitor and evaluate the costs and effectiveness of day
training and habilitation services; and
(6) provide information and technical help to county boards
and vendors in their administration and provision of day
training and habilitation services.
Sec. 99. Minnesota Statutes 1996, section 252.46,
subdivision 1, is amended to read:
Subdivision 1. [RATES.] (a) Payment rates to vendors,
except regional centers, for county-funded day training and
habilitation services and transportation provided to persons
receiving day training and habilitation services established by
a county board are governed by subdivisions 2 to 19. The
commissioner shall approve the following three payment rates for
services provided by a vendor:
(1) a full-day service rate for persons who receive at
least six service hours a day, including the time it takes to
transport the person to and from the service site;
(2) a partial-day service rate that must not exceed 75
percent of the full-day service rate for persons who receive
less than a full day of service; and
(3) a transportation rate for providing, or arranging and
paying for, transportation of a person to and from the person's
residence to the service site.
(b) The commissioner may also approve an hourly job-coach,
follow-along rate for services provided by one employee at or en
route to or from community locations to supervise, support, and
assist one person receiving the vendor's services to learn
job-related skills necessary to obtain or retain employment when
and where no other persons receiving services are present and
when all the following criteria are met:
(1) the vendor requests and the county recommends the
optional rate;
(2) the service is prior authorized by the county on the
Medicaid Management Information System for no more than 414
hours in a 12-month period and the daily per person charge to
medical assistance does not exceed the vendor's approved full
day plus transportation rates;
(3) separate full day, partial day, and transportation
rates are not billed for the same person on the same day;
(4) the approved hourly rate does not exceed the sum of the
vendor's current average hourly direct service wage, including
fringe benefits and taxes, plus a component equal to the
vendor's average hourly nondirect service wage expenses; and
(5) the actual revenue received for provision of hourly
job-coach, follow-along services is subtracted from the vendor's
total expenses for the same time period and those adjusted
expenses are used for determining recommended full day and
transportation payment rates under subdivision 5 in accordance
with the limitations in subdivision 3.
(c) Medical assistance rates for home and community-based
service provided under section 256B.501, subdivision 4, by
licensed vendors of day training and habilitation services must
not be greater than the rates for the same services established
by counties under sections 252.40 to 252.47 252.46. For very
dependent persons with special needs the commissioner may
approve an exception to the approved payment rate under section
256B.501, subdivision 4 or 8.
Sec. 100. Minnesota Statutes 1996, section 252.50,
subdivision 6, is amended to read:
Subd. 6. [RATES FOR STATE-OPERATED, COMMUNITY-BASED
PROGRAMS FOR PERSONS WITH MENTAL RETARDATION.] State-operated,
community-based programs that meet the definition of a facility
in Minnesota Rules, part 9553.0020, subpart 19, must be
reimbursed consistent with Minnesota Rules, parts 9553.0010 to
9553.0080. State-operated, community-based programs that meet
the definition of vendor in section 252.41, subdivision 9, must
be reimbursed consistent with the rate setting procedures in
sections 252.41 to 252.47 252.46 and Minnesota Rules, parts
9525.1200 to 9525.1330. This subdivision does not operate to
abridge the statutorily created pension rights of state
employees or collective bargaining agreements reached pursuant
to chapter 179A.
Sec. 101. Minnesota Statutes 1996, section 256B.04,
subdivision 2, is amended to read:
Subd. 2. Make uniform rules, not inconsistent with law,
for carrying out and enforcing the provisions hereof in an
efficient, economical, and impartial manner, and to the end that
the medical assistance system may be administered uniformly
throughout the state, having regard for varying costs of medical
care in different parts of the state and the conditions in each
case, and in all things to carry out the spirit and purpose of
this program, which rules shall be made with the approval of the
attorney general on form and legality, shall be furnished
immediately to all county agencies, and shall be binding on such
county agencies.
Sec. 102. Minnesota Statutes 1996, section 257.41, is
amended to read:
257.41 [FINANCIAL RESPONSIBILITY.]
Financial responsibility for any child placed pursuant to
the provisions of the interstate compact on the placement of
children shall be determined in accordance with the provisions
of article 5 thereof in the first instance. However, in the
event of partial or complete default of performance thereunder,
the provisions of sections 518C.01 to 518C.36 518C.101 to
518C.902 also may be invoked.
Sec. 103. Minnesota Statutes 1996, section 260.161,
subdivision 3, is amended to read:
Subd. 3. [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except
for records relating to an offense where proceedings are public
under section 260.155, subdivision 1, peace officers' records of
children who are or may be delinquent or who may be engaged in
criminal acts shall be kept separate from records of persons 18
years of age or older and are private data but shall be
disseminated: (1) by order of the juvenile court, (2) as
required by section 126.036, (3) as authorized under section
13.82, subdivision 2, (4) to the child or the child's parent or
guardian unless disclosure of a record would interfere with an
ongoing investigation, or (5) as otherwise provided in this
subdivision. Except as provided in paragraph (c), no
photographs of a child taken into custody may be taken without
the consent of the juvenile court unless the child is alleged to
have violated section 169.121 or 169.129. Peace officers'
records containing data about children who are victims of crimes
or witnesses to crimes must be administered consistent with
section 13.82, subdivisions 2, 3, 4, and 10. Any person
violating any of the provisions of this subdivision shall be
guilty of a misdemeanor.
In the case of computerized records maintained about
juveniles by peace officers, the requirement of this subdivision
that records about juveniles must be kept separate from adult
records does not mean that a law enforcement agency must keep
its records concerning juveniles on a separate computer system.
Law enforcement agencies may keep juvenile records on the same
computer as adult records and may use a common index to access
both juvenile and adult records so long as the agency has in
place procedures that keep juvenile records in a separate place
in computer storage and that comply with the special data
retention and other requirements associated with protecting data
on juveniles.
(b) Nothing in this subdivision prohibits the exchange of
information by law enforcement agencies if the exchanged
information is pertinent and necessary to the requesting agency
in initiating, furthering, or completing a criminal
investigation.
(c) A photograph may be taken of a child taken into custody
pursuant to section 260.165, subdivision 1, clause (b), provided
that the photograph must be destroyed when the child reaches the
age of 19 years. The commissioner of corrections may photograph
juveniles whose legal custody is transferred to the
commissioner. Photographs of juveniles authorized by this
paragraph may be used only for institution management purposes,
case supervision by parole agents, and to assist law enforcement
agencies to apprehend juvenile offenders. The commissioner
shall maintain photographs of juveniles in the same manner as
juvenile court records and names under this section.
(d) Traffic investigation reports are open to inspection by
a person who has sustained physical harm or economic loss as a
result of the traffic accident. Identifying information on
juveniles who are parties to traffic accidents may be disclosed
as authorized under section 13.82, subdivision 4, and accident
reports required under section 169.09 may be released under
section 169.09, subdivision 13, unless the information would
identify a juvenile who was taken into custody or who is
suspected of committing an offense that would be a crime if
committed by an adult, or would associate a juvenile with the
offense, and the offense is not a minor an adult court traffic
offense under section 260.193.
(e) A law enforcement agency shall notify the principal or
chief administrative officer of a juvenile's school of an
incident occurring within the agency's jurisdiction if:
(1) the agency has probable cause to believe that the
juvenile has committed an offense that would be a crime if
committed as an adult, that the victim of the offense is a
student or staff member of the school, and that notice to the
school is reasonably necessary for the protection of the victim;
or
(2) the agency has probable cause to believe that the
juvenile has committed an offense described in subdivision 1b,
paragraph (a), clauses (1) to (3), that would be a crime if
committed by an adult, regardless of whether the victim is a
student or staff member of the school.
A law enforcement agency is not required to notify the
school under this paragraph if the agency determines that notice
would jeopardize an ongoing investigation. Notwithstanding
section 138.17, data from a notice received from a law
enforcement agency under this paragraph must be destroyed when
the juvenile graduates from the school or at the end of the
academic year when the juvenile reaches age 23, whichever date
is earlier. For purposes of this paragraph, "school" means a
public or private elementary, middle, or secondary school.
(f) In any county in which the county attorney operates or
authorizes the operation of a juvenile prepetition or pretrial
diversion program, a law enforcement agency or county attorney's
office may provide the juvenile diversion program with data
concerning a juvenile who is a participant in or is being
considered for participation in the program.
(g) Upon request of a local social service agency, peace
officer records of children who are or may be delinquent or who
may be engaged in criminal acts may be disseminated to the
agency to promote the best interests of the subject of the data.
Sec. 104. Minnesota Statutes 1996, section 268.0124, is
amended to read:
268.0124 [PLAIN LANGUAGE IN WRITTEN MATERIALS.]
(a) To the extent reasonable and consistent with the goals
of providing easily understandable and readable materials and
complying with federal and state laws governing the programs,
all written materials relating to services and determinations of
eligibility for or amounts of benefits that will be given to
applicants for or recipients of assistance under a program
administered or supervised by the commissioner of economic
security must be understandable to a person of average
intelligence and education.
(b) All written materials relating to determinations of
eligibility for or amounts of benefits that will be given to
applicants for or recipients of assistance under programs
administered or supervised by the commissioner of economic
security must be developed to satisfy the plain language
requirements of the plain language contract act under sections
325G.29 to 325G.36. Materials may be submitted to the attorney
general for review and certification. Notwithstanding section
325G.35, subdivision 1, the attorney general shall review
submitted materials to determine whether they comply with the
requirements of section 325G.31. The remedies available
pursuant to sections 8.31 and 325G.33 to 325G.36 do not apply to
these materials. Failure to comply with this section does not
provide a basis for suspending the implementation or operation
of other laws governing programs administered by the
commissioner.
(c) The requirements of this section apply to all materials
modified or developed by the commissioner on or after July 1,
1988. The requirements of this section do not apply to
materials that must be submitted to a federal agency for
approval, to the extent that application of the requirements
prevents federal approval.
(d) Nothing in this section may be construed to prohibit a
lawsuit brought to require the commissioner to comply with this
section or to affect individual appeal rights granted pursuant
to section 268.10.
Sec. 105. Minnesota Statutes 1996, section 268.03, is
amended to read:
268.03 [DECLARATION OF PUBLIC POLICY.]
As a guide to the interpretation and application of
sections 268.03 to 268.31 268.30, the public policy of this
state is declared to be as follows: Economic insecurity due to
unemployment is a serious menace to the health, morals, and
welfare of the people of this state. Involuntary unemployment
is therefore a subject of general interest and concern which
requires appropriate action by the legislature to prevent its
spread and to lighten its burdens. This can be provided by
encouraging employers to provide more stable employment and by
the systematic accumulation of funds during periods of
employment to provide benefits for periods of unemployment, thus
maintaining purchasing power and limiting the serious social
consequences of poor relief assistance. The legislature,
therefore, declares that in its considered judgment the public
good and the general welfare of the citizens of this state will
be promoted by providing, under the police powers of the state
for the compulsory setting aside of unemployment reserves to be
used for the benefit of persons unemployed through no fault of
their own. In recognition of its focus on returning the worker
to gainful employment, this program will be known in Minnesota
as "reemployment insurance."
Sec. 106. Minnesota Statutes 1996, section 268.15,
subdivision 3, is amended to read:
Subd. 3. [CONTINGENT ACCOUNT.] There is hereby created in
the state treasury a special account, to be known as the
economic security contingent account, which shall not lapse nor
revert to any other fund. Such account shall consist of all
money appropriated therefor by the legislature, all money in the
form of interest and penalties collected pursuant to sections
268.16 and 268.18, and all money received in the form of
voluntary contributions to this account and interest thereon.
All money in such account shall be supplemental to all federal
money that would be available to the commissioner but for the
existence of this account. Moneys in this account are hereby
appropriated to the commissioner and shall be available to the
commissioner for such expenditures as the commissioner may deem
necessary in connection with the administration of sections
268.04 to 268.231 268.23. Whenever the commissioner expends
money from said contingent account for the proper and efficient
administration of the Minnesota economic security law for which
funds have not yet been made available by the federal
government, such money so withdrawn from the contingent account
shall be replaced as hereinafter provided. Upon the deposit in
the economic security administration fund of moneys which are
received in reimbursement of payments made as above provided for
said contingent account, the commissioner shall certify to the
state treasurer the amount of such reimbursement and thereupon
the state treasurer shall transfer such amount from the economic
security administration fund to said contingent account. All
money in this account shall be deposited, administered, and
disbursed in the same manner and under the same conditions and
requirements as is provided by law for the other special
accounts in the state treasury. The state treasurer shall be
liable on the treasurer's official bond for the faithful
performance of duties in connection with the economic security
contingent account provided for herein. Notwithstanding
anything to the contrary contained herein, on June 30 of each
year, except 1982, all amounts in excess of $300,000 in this
account shall be paid over to the reemployment insurance fund
established under section 268.05 and administered in accordance
with the provisions set forth therein.
Sec. 107. Minnesota Statutes 1996, section 268.361,
subdivision 1, is amended to read:
Subdivision 1. [TERMS.] For the purposes of sections
268.361 to 268.367 268.366, the following terms have the
meanings given them.
Sec. 108. Minnesota Statutes 1996, section 272.12, is
amended to read:
272.12 [CONVEYANCES, TAXES PAID BEFORE RECORDING.]
When:
(a) a deed or other instrument conveying land,
(b) a plat of any town site or addition thereto,
(c) a survey required pursuant to section 508.47,
(d) a condominium plat subject to chapter 515 or 515A or a
declaration that contains such a plat, or
(e) a common interest community plat subject to chapter
515B or a declaration that contains such a plat,
is presented to the county auditor for transfer, the auditor
shall ascertain from the records if there be taxes delinquent
upon the land described therein, or if it has been sold for
taxes. An assignment of a sheriff's or referee's certificate of
sale, when the certificate of sale describes real estate, and
certificates of redemption from mortgage or lien foreclosure
sales, when the certificate of redemption encompasses real
estate and is issued to a junior creditor, are considered
instruments conveying land for the purposes of this section and
section 272.121. If there are taxes delinquent, the auditor
shall certify to the same; and upon payment of such taxes, or in
case no taxes are delinquent, shall transfer the land upon the
books of the auditor's office, and note upon the instrument,
over official signature, the words, "no delinquent taxes and
transfer entered," or, if the land described has been sold or
assigned to an actual purchaser for taxes, the words "paid by
sale of land described within;" and, unless such statement is
made upon such instrument, the county recorder or the registrar
of titles shall refuse to receive or record the same; provided,
that sheriff's or referees' certificates of sale on execution or
foreclosure of a lien or mortgage, certificates of redemption
from mortgage or lien foreclosure sales issued to the redeeming
mortgagor or lienee, deeds of distribution made by a personal
representative in probate proceedings, decrees and judgments,
receivers receipts, patents, and copies of town or statutory
city plats, in case the original plat filed in the office of the
county recorder has been lost or destroyed, and the instruments
releasing, removing and discharging reversionary and forfeiture
provisions affecting title to land and instruments releasing,
removing or discharging easement rights in land or building or
other restrictions, may be recorded without such certificate;
and, provided that instruments conveying land and, as
appurtenant thereto an easement over adjacent tract or tracts of
land, may be recorded without such certificate as to the land
covered by such easement; and provided further, that any
instrument granting an easement made in favor of any public
utility or pipe line for conveying gas, liquids or solids in
suspension, in the nature of a right of way over, along, across
or under a tract of land may be recorded without such
certificate as to the land covered by such easement. Any
instrument amending or restating the declarations, bylaws,
plats, or other enabling documents governing homeowners
associations of condominiums, townhouses, common interest
ownership communities, and other planned unit developments may
be recorded without the auditor's certificate.
A deed of distribution made by a personal representative in
a probate proceeding, a decree, or a judgment that conveys land
shall be presented to the county auditor, who shall transfer the
land upon the books of the auditor's office and note upon the
instrument, over official signature, the words, "transfer
entered", and the instrument may then be recorded. A decree or
judgment that affects title to land but does not convey land may
be recorded without presentation to the auditor.
A violation of this section by the county recorder or the
registrar of titles shall be a gross misdemeanor, and, in
addition to the punishment therefor, the recorder or registrar
shall be liable to the grantee of any instrument so recorded for
the amount of any damages sustained.
When, as a condition to permitting the recording of deed or
other instrument affecting the title to real estate previously
forfeited to the state under the provisions of sections 281.16
to 281.27 281.25, county officials, after such real estate has
been purchased or repurchased, have required the payment of
taxes erroneously assumed to have accrued against such real
estate after forfeiture and before the date of purchase or
repurchase, the sum required to be so paid shall be refunded to
the persons entitled thereto out of moneys in the funds in which
the sum so paid was placed. Delinquent taxes are those taxes
deemed delinquent under section 279.02.
Sec. 109. Minnesota Statutes 1996, section 273.1398,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) In this section, the
terms defined in this subdivision have the meanings given them.
(b) "Unique taxing jurisdiction" means the geographic area
subject to the same set of local tax rates.
(c) "Previous net tax capacity" means the product of the
appropriate net class rates for the year previous to the year in
which the aid is payable, and estimated market values for the
assessment two years prior to that in which aid is payable.
"Total previous net tax capacity" means the previous net tax
capacities for all property within the unique taxing
jurisdiction. The total previous net tax capacity shall be
reduced by the sum of (1) the unique taxing jurisdiction's
previous net tax capacity of commercial-industrial property as
defined in section 473F.02, subdivision 3, or 276A.02 276A.01,
subdivision 3, multiplied by the ratio determined pursuant to
section 473F.08, subdivision 6, or 276A.06, subdivision 7, for
the municipality, as defined in section 473F.02, subdivision 8,
or 276A.06, subdivision 7 276A.01, subdivision 8, in which the
unique taxing jurisdiction is located, (2) the previous net tax
capacity of the captured value of tax increment financing
districts as defined in section 469.177, subdivision 2, and (3)
the previous net tax capacity of transmission lines deducted
from a local government's total net tax capacity under section
273.425. Previous net tax capacity cannot be less than zero.
(d) "Equalized market values" are market values that have
been equalized by dividing the assessor's estimated market value
for the second year prior to that in which the aid is payable by
the assessment sales ratios determined by class in the
assessment sales ratio study conducted by the department of
revenue pursuant to section 124.2131 in the second year prior to
that in which the aid is payable. The equalized market values
shall equal the unequalized market values divided by the
assessment sales ratio.
(e) "Equalized school levies" means the amounts levied for:
(1) general education under section 124A.23, subdivision 2;
(2) supplemental revenue under section 124A.22, subdivision
8a;
(3) transition revenue under section 124A.22, subdivision
13c;
(4) basic transportation under section 124.226, subdivision
1; and
(5) referendum revenue under section 124A.03.
(f) "Current local tax rate" means the quotient derived by
dividing the taxes levied within a unique taxing jurisdiction
for taxes payable in the year prior to that for which aids are
being calculated by the total previous net tax capacity of the
unique taxing jurisdiction.
(g) For purposes of calculating and allocating homestead
and agricultural credit aid authorized pursuant to subdivision 2
and the disparity reduction aid authorized in subdivision 3,
"gross taxes levied on all properties," "gross taxes," or "taxes
levied" means the total net tax capacity based taxes levied on
all properties except that levied on the captured value of tax
increment districts as defined in section 469.177, subdivision
2, and that levied on the portion of commercial industrial
properties' assessed value or gross tax capacity, as defined in
section 473F.02, subdivision 3, subject to the areawide tax as
provided in section 473F.08, subdivision 6, in a unique taxing
jurisdiction. "Gross taxes" are before any reduction for
disparity reduction aid but "taxes levied" are after any
reduction for disparity reduction aid. Gross taxes levied or
taxes levied cannot be less than zero.
"Taxes levied" excludes equalized school levies.
(h) "Household adjustment factor" means the number of
households for the second most recent year preceding that in
which the aids are payable divided by the number of households
for the third most recent year. The household adjustment factor
cannot be less than one.
(i) "Growth adjustment factor" means the household
adjustment factor in the case of counties. In the case of
cities, towns, school districts, and special taxing districts,
the growth adjustment factor equals one. The growth adjustment
factor cannot be less than one.
(j) "Homestead and agricultural credit base" means the
previous year's certified homestead and agricultural credit aid
determined under subdivision 2 less any permanent aid reduction
in the previous year to homestead and agricultural credit aid.
(k) "Net tax capacity adjustment" means (1) the tax base
differential defined in subdivision 1a, multiplied by (2) the
unique taxing jurisdiction's current local tax rate. The net
tax capacity adjustment cannot be less than zero.
(l) "Fiscal disparity adjustment" means a taxing
jurisdiction's fiscal disparity distribution levy under section
473F.08, subdivision 3, clause (a), or 276A.06, subdivision 3,
clause (a), for taxes payable in the year prior to that for
which aids are being calculated, multiplied by the ratio of the
tax base differential percent referenced in subdivision 1a for
the highest class rate for class 3 property for taxes payable in
the year prior to that for which aids are being calculated to
the highest class rate for class 3 property for taxes payable in
the second prior year to that for which aids are being
calculated. In the case of school districts, the fiscal
disparity distribution levy shall exclude that part of the levy
attributable to equalized school levies.
Sec. 110. [REPEALER; SECTION 273.1398 NOTE.]
The amendment to section 273.1398, subdivision 1, paragraph
(c), by Laws 1996, chapter 471, article 11, section 1, is
repealed.
Sec. 111. Minnesota Statutes 1996, section 279.01,
subdivision 3, is amended to read:
Subd. 3. In the case of class 1b agricultural homestead,
class 2a agricultural homestead property, and class 2b(2) 2b(3)
agricultural nonhomestead property, no penalties shall attach to
the second one-half property tax payment as provided in this
section if paid by November 15. Thereafter for class 1b
agricultural homestead and class 2a homestead property, on
November 16 following, a penalty of six percent shall accrue and
be charged on all such unpaid taxes and on December 1 following,
an additional two percent shall be charged on all such unpaid
taxes. Thereafter for class 2b(2) 2b(3) agricultural
nonhomestead property, on November 16 following, a penalty of
eight percent shall accrue and be charged on all such unpaid
taxes and on December 1 following, an additional four percent
shall be charged on all such unpaid taxes.
If the owner of class 1b agricultural homestead, class 2a,
or class 2b(2) 2b(3) agricultural property receives a
consolidated property tax statement that shows only an aggregate
of the taxes and special assessments due on that property and on
other property not classified as class 1b agricultural
homestead, class 2a, or class 2b(2) 2b(3) agricultural property,
the aggregate tax and special assessments shown due on the
property by the consolidated statement will be due on November
15 provided that at least 50 percent of the property's market
value is classified class 1b agricultural, class 2a, or
class 2b(2) 2b(3) agricultural.
Sec. 112. Minnesota Statutes 1996, section 280.05, is
amended to read:
280.05 [PROHIBITED PURCHASERS.]
A county auditor, county treasurer, court administrator of
the district court, or county assessor, or deputy or clerk or
employee of such officer, and a commissioner for tax forfeited
lands or assistant to such commissioner, may not purchase at
such sale, or procure an assignment of the right acquired by the
state in lands bid in for it at such sale, as in this chapter
provided in sections 280.06 to 280.12 280.11, either personally,
or as agent or attorney for any other person, except that such
officer, deputy, court administrator, employee or commissioner
for tax forfeited lands or assistant to such commissioner, if an
owner or lienholder of the lands, may purchase the lands, or
procure such assignment of the state's right in such lands.
Sec. 113. Minnesota Statutes 1996, section 280.28,
subdivision 2, is amended to read:
Subd. 2. There shall be paid at the time of delivery by
the person to whom delivered for each certificate issued to an
actual purchaser under sections section 280.03 and 280.13 a fee
of $1 and for each notice of expiration of redemption prepared
by the auditor for the holder of a certificate a fee of $2.
These fees shall be paid to the county treasurer upon the
auditor's statement of the amount due. The amount of such fees
shall be added to the amount payable under section 281.02 upon
redemption.
Sec. 114. Minnesota Statutes 1996, section 280.33, is
amended to read:
280.33 [CERTIFICATES AND DEEDS AS EVIDENCE; GROUNDS FOR
SETTING ASIDE.]
The certificates and deeds issued pursuant to sections
280.03, and 280.11, 280.13, and 280.25, or the record thereof,
shall be prima facie evidence that the parcel described therein
was subject to taxation for the year or years therein stated;
that such parcel was listed and assessed at the time and in the
manner required by law; that the taxes were levied according to
law; that the judgment pursuant to which the sale was made was
duly entered, and that the court had jurisdiction to enter the
same; that all requirements of law with respect to the sale had
been complied with; that such parcel had not been redeemed from
the sale; and of title in the grantee therein after the time for
redemption has expired; provided, that when any such certificate
or deed embraces university, school, or other state lands, the
title whereof is in the state, no other or greater interest
shall be held to be thereby conveyed than that acquired under
the certificate of the commissioner of finance. No sale shall
be set aside or held invalid by reason of any misrecitals in
such certificate or deed; nor unless the party objecting to the
same prove either that the taxes were paid before the judgment
was rendered, or that such parcel was exempt from taxation, or
that the court rendering the judgment pursuant to which the sale
was made had not jurisdiction to render the same, or that after
the judgment and before the sale such judgment had been
satisfied, or that notice of sale as required by this chapter
was not given, or that such parcel was not offered at such sale
to the bidder who would pay the amount for which the parcel was
to be sold at the lowest rate of interest, as provided in this
chapter; provided, that every judgment rendered against any
parcel for a tax which was paid before the entry thereof, or
when the land was exempt from taxation, shall be void, and all
sales made under any such judgment or under a judgment which has
been paid shall be void, and no title or interest in any parcel
sold under such judgment shall pass or be conveyed to any
purchaser at such sale. In any action brought to set aside or
to cancel such sale, or in which the validity of such sale may
arise, the tax receipt, or the treasurer's duplicate thereof, or
other record of the payment of such tax in the office of the
county auditor or the county treasurer, shall be prima facie
evidence of such payment; but such payment shall not be
established by parol testimony only. In such action, the county
in which the land is situated, or the state, if either claim any
interest in the land sold under such judgment, may be made a
party defendant, in which case the county attorney shall appear
in behalf of such county or state, or both.
Sec. 115. Minnesota Statutes 1996, section 280.35, is
amended to read:
280.35 [INVALID CERTIFICATE.]
If any certificate issued pursuant to sections 280.03, and
280.11, and 280.13 to an actual purchaser prove to be invalid
for any other cause than that the land described therein was not
subject to taxation, or that the taxes had been paid prior to
the sale, or that the assessment or levy was void, the lien of
the state on the parcel of land sold, as provided in section
272.31 shall be transferred, without any act whatever, to, and
vested in, the holder of such certificate, or the holder's
personal representatives, heirs, or assigns. Such holder, or
the personal representatives, heirs, or assigns of the holder,
may collect out of the property covered by such lien, by sale
thereof by foreclosure, or other proper action or proceeding,
the amount of taxes, penalties, and interest due thereon at the
time of such sale, with interest thereon at the rate of 12
percent per annum, together with the amount of all subsequent
taxes paid, with interest thereon at said rate, and the costs
and expenses of such action.
Sec. 116. Minnesota Statutes 1996, section 281.16, is
amended to read:
281.16 [STATED PERIOD OF REDEMPTION.]
The term "stated period of redemption," as used in sections
281.16 to 281.27 281.25, means the period of time specified in
those sections or in any other law for redemption of lands from
any tax judgment sale, including any extension of the period
originally prescribed, but not including any further time
allowed for redemption on account of requirements for giving
notice of expiration.
Sec. 117. Minnesota Statutes 1996, section 281.32, is
amended to read:
281.32 [LIMITATION OF TIME FOR FILING CERTIFICATE; 1925 AND
PRIOR YEARS.]
No notice of the expiration of the time of redemption upon
any certificate of tax judgment sale issued to an actual
purchaser shall be issued or served after the expiration of six
years from the date of the tax judgment sale described by any
such certificate, nor shall any such certificate be recorded in
the office of the county recorder or filed in the office of the
registrar of titles of the proper county after the expiration of
seven years from the date of such sale.
No notice of the expiration of the time of redemption upon
any state assignment certificate issued under the provisions of
section 280.11, or upon any certificate issued to an actual
purchaser at any forfeited tax sale held under the provisions of
sections 280.12, 280.13, and 280.25, shall be issued or served
after the expiration of six years from the date of such
certificate, nor shall any such certificate or deed issued
pursuant thereto be recorded in the office of the county
recorder after the expiration of seven years from the date of
such certificate.
All such certificates upon which such notice of expiration
of redemption shall not be issued and served and such
certificates recorded or filed in the office of the proper
county recorder or registrar of titles within the time limited
by this section shall be void and of no force and effect for any
purpose, and failure to serve such notice or record or file such
certificate within the time herein prescribed shall operate to
extinguish the lien of the purchaser for the taxes for the year
or years in such certificate described and appearing and the
lien of all subsequent taxes paid under such certificate.
Sec. 118. Minnesota Statutes 1996, section 282.07, is
amended to read:
282.07 [AUDITOR TO CANCEL TAXES.]
Immediately after forfeiture to the state of any parcel of
land, as provided by sections 281.16 to 281.27 281.25, the
county auditor shall cancel all taxes and tax liens appearing
upon the records, both delinquent and current, and all special
assessments, delinquent or otherwise. When the interest of a
purchaser of state trust fund land sold under certificate of
sale, or of the purchaser's heirs or assigns or successors in
interest, shall by reason of tax delinquency be transferred to
the state as provided by law, such interest shall pass to the
state free from any trust obligation to any taxing district and
free from all special assessments and such land shall become
unsold trust fund land.
Sec. 119. Minnesota Statutes 1996, section 284.04, is
amended to read:
284.04 [ACTION TO QUIET TITLE.]
Any person holding a tax certificate issued under section
280.03, or 280.11, or 280.13 at any time after the expiration of
the period of redemption from the tax sale on which such
certificate was issued may commence an action in the district
court of the county where the land embraced in such certificate
lies, to quiet title thereto, without taking possession of such
land; and any person who claims or appears of record to have any
interest in or lien upon the same, or any part thereof, may be
made defendant. At the time of the commencement of such action
the plaintiff shall file a notice of the pendency of the action
with the county recorder, as provided by law. If it shall
appear that the plaintiff's title is invalid for any cause other
than one which renders the taxes embraced in such certificate
void, the court shall not dismiss such action, but ascertain the
amount due the plaintiff for all taxes, interest, penalties, and
costs embraced in such certificate, and of all subsequent taxes,
penalties, interests, and costs paid by the plaintiff or the
plaintiff's assignors, with interest thereon at the rate of 12
percent per annum from the date of such certificate or payment,
and adjudge the same to be a lien against such land in favor of
such holder, and direct a sale thereof to satisfy such judgment
and costs of sale. All the provisions of sections 284.01 to
284.03, relating to the sales therein provided for and to
redemptions therefrom, shall be applicable to sales authorized
by this section.
Sec. 120. Minnesota Statutes 1996, section 290.091,
subdivision 6, is amended to read:
Subd. 6. [CREDIT FOR PRIOR YEARS' LIABILITY.] (a) A credit
is allowed against the tax imposed by this chapter on
individuals, trusts, and estates equal to the minimum tax credit
for the taxable year. The minimum tax credit equals the
adjusted net minimum tax for taxable years beginning after
December 31, 1988, reduced by the minimum tax credits allowed in
a prior taxable year. The credit may not exceed the excess (if
any) for the taxable year of
(1) the regular tax, over
(2) the greater of (i) the tentative alternative minimum
tax, or (ii) zero.
(b) The adjusted net minimum tax for a taxable year equals
the lesser of the net minimum tax or the excess (if any) of
(1) the tentative minimum tax, over
(2) seven percent of the sum of
(i) adjusted gross income as defined in section 62 of the
Internal Revenue Code,
(ii) interest income as defined in section 290.01,
subdivision 19a, clause (1),
(iii) interest on specified private activity bonds, as
defined in section 57(a)(5) of the Internal Revenue Code, to the
extent not included under clause (ii),
(iv) depletion as defined in section 57(a)(1), determined
without regard to the last sentence of paragraph (1), of the
Internal Revenue Code, less
(v) the deductions provided in subdivision 2, paragraph
(a), clauses (5), items (i), (ii), and (iii) (1), (2), and (3)
of the second series of clauses, and
(vi) the exemption amount determined under subdivision 3.
In the case of an individual who is not a Minnesota
resident for the entire year, adjusted net minimum tax must be
multiplied by the fraction defined in section 290.06,
subdivision 2c, paragraph (e). In the case of a trust or
estate, adjusted net minimum tax must be multiplied by the
fraction defined under subdivision 4, paragraph (b).
Sec. 121. Minnesota Statutes 1996, section 297A.259, is
amended to read:
297A.259 [LOTTERY TICKETS; IN LIEU TAX.]
Sales of state lottery tickets are exempt from the tax
imposed under section 297A.02. The state lottery must on or
before the 20th day of each month transmit to the commissioner
of revenue an amount equal to the gross receipts from the sale
of lottery tickets for the previous month multiplied by the
combined tax rate under sections section 297A.02, subdivision 1,
and 297A.021, subdivision 1. The resulting payment is in lieu
of the sales tax that otherwise would be imposed by this chapter.
The commissioner shall deposit the money transmitted as provided
by section 297A.44 and the money must be treated as other
proceeds of the sales tax. Gross receipts for purposes of this
section mean the proceeds of the sale of tickets before
deduction of a commission or other compensation paid to the
vendor or retailer for selling tickets.
Sec. 122. Minnesota Statutes 1996, section 299C.11, is
amended to read:
299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.]
(a) The sheriff of each county and the chief of police of
each city of the first, second, and third classes shall furnish
the bureau, upon such form as the superintendent shall
prescribe, with such finger and thumb prints, photographs,
distinctive physical mark identification data, and other
identification data as may be requested or required by the
superintendent of the bureau, which may be taken under the
provisions of section 299C.10, of persons who shall be convicted
of a felony, gross misdemeanor, or who shall be found to have
been convicted of a felony or gross misdemeanor, within ten
years next preceding their arrest.
(b) No petition under chapter 609A is required if the
person has not been convicted of any felony or gross
misdemeanor, either within or without the state, within the
period of ten years immediately preceding the determination of
all pending criminal actions or proceedings in favor of the
arrested person, and either of the following occurred:
(1) all charges were dismissed prior to a determination of
probable cause; or
(2) the prosecuting authority declined to file any charges
and a grand jury did not return an indictment.
Where these conditions are met, the bureau or agency shall,
upon demand, return to the arrested person finger and thumb
prints, photographs, distinctive physical mark identification
data, and other identification data, and all copies and
duplicates of them.
(c) Except as otherwise provided in paragraph (b), upon the
determination of all pending criminal actions or proceedings in
favor of the arrested person, and the granting of the petition
of the arrested person under chapter 609A, the bureau shall seal
finger and thumb prints, photographs, distinctive physical mark
identification data, and other identification data, and all
copies and duplicates of them if the arrested person has not
been convicted of any felony or gross misdemeanor, either within
or without the state, within the period of ten years immediately
preceding such determination.
(d) DNA samples and DNA records of the arrested person
shall not be returned, sealed, or destroyed as to a charge
supported by probable cause.
(e) For purposes of this section, "determination of all
pending criminal actions or proceedings in favor of the arrested
person" does not include:
(1) the sealing of a criminal record pursuant to section
152.18, subdivision 1, 242.31, 609.168, or chapter 609A;
(2) the arrested person's successful completion of a
diversion program;
(3) an order of discharge under section 609.165; or
(4) a pardon granted under section 638.02.
Sec. 123. Minnesota Statutes 1996, section 299F.46,
subdivision 1, is amended to read:
Subdivision 1. [HOTEL INSPECTION.] (a) It shall be the
duty of the commissioner of public safety to inspect, or cause
to be inspected, at least once every three years, every hotel in
this state; and, for that purpose, the commissioner, or the
commissioner's deputies, or designated alternates or agents
shall have the right to enter or have access thereto at any
reasonable hour; and, when, upon such inspection, it shall be
found that the hotel so inspected does not conform to or is not
being operated in accordance with the provisions of sections
157.011 and 157.15 to 157.22, in so far as the same relate to
fire prevention or fire protection of hotels, or the rules
promulgated thereunder, or is being maintained or operated in
such manner as to violate the uniform fire code promulgated
pursuant to section 299F.011 or any other law of this state
relating to fire prevention and fire protection of hotels, the
commissioner and the deputies or designated alternates or agents
shall report such a situation to the hotel inspector who shall
proceed as provided for in sections 157.01 to 157.14 chapter 157.
(b) The word "hotel", as used in this subdivision, has the
meaning given in section 299F.391.
Sec. 124. Minnesota Statutes 1996, section 299L.02,
subdivision 1, is amended to read:
Subdivision 1. [LOTTERY.] (a) The director shall when
required under chapter 349A or when requested by the director of
the lottery conduct background checks on employees of the state
lottery, lottery retailers, and bidders of lottery procurement
contracts.
(b) The director shall, when so requested by the director
of the state lottery or when the director believes it to be
reasonable and necessary, conduct investigations of lottery
retailers, applicants for lottery retailer contracts, suppliers
of goods or services to the state lottery, and persons bidding
on contracts for goods or services with the state lottery.
(c) The director shall conduct an annual security audit of
the state lottery, or arrange for such an audit by an outside
agency or person, firm, or corporation. The director shall
report to the state lottery board and the director of the
lottery on the results of the audit.
Sec. 125. Minnesota Statutes 1996, section 326.2421,
subdivision 2, is amended to read:
Subd. 2. [EXEMPTION.] Except as provided in subdivision 3,
no person exempt under subdivision 1 or licensed pursuant to
subdivision 3 may be required to obtain any authorization,
permit, franchise, or license from, or pay any fee, franchise
tax, or other assessment to, any agency, department, board, or
political subdivision of the state as a condition for performing
any work described herein. The requirements of this section
shall not apply to telephone companies as defined under section
237.01 nor to their employees, that are only engaged in the
laying out, installation, and repair of telephone systems.
Sec. 126. Minnesota Statutes 1996, section 327A.08, is
amended to read:
327A.08 [LIMITATIONS.]
Notwithstanding any other provision of Laws 1981, chapter
119, sections 1 to 10 327A.01 to 327A.07:
(a) The terms of the home improvement warranties required
by Laws 1981, chapter 119, sections 1 to 10 327A.01 to 327A.07,
commence upon completion of the home improvement and the term
shall not be required to be renewed or extended if the home
improvement contractor performs additional improvements required
by warranty;
(b) The home improvement warranties required by Laws 1981,
chapter 119, sections 1 to 10 327A.01 to 327A.07, shall not
include products or materials installed that are already covered
by implied or written warranty; and
(c) The home improvement warranties required by Laws 1981,
chapter 119, sections 1 to 10 327A.01 to 327A.07, are intended
to be implied warranties imposing an affirmative obligation upon
home improvement contractors, and Laws 1981, chapter 119,
sections 1 to 10 327A.01 to 327A.07, do not require that written
warranty instruments be created and conveyed to the owner.
Sec. 127. Minnesota Statutes 1996, section 345.48,
subdivision 1, is amended to read:
Subdivision 1. All funds received under sections 345.31 to
345.60, including the proceeds from the sale of abandoned
property pursuant to section 345.47, shall forthwith be
deposited by the commissioner in the general fund of the state
after deduction of the fees and expenses provided for in section
345.485; except that unclaimed restitution payments held by a
court under section 345.38 shall be deposited in the crime
victim and witness account created in section 609.101,
subdivision 1 611A.612. Before making the deposit the
commissioner shall record the name and last known address of
each person appearing from the holders' reports to be entitled
to the abandoned property and of the name and last known address
of each policyholder, insured person, or annuitant, and with
respect to each policy or contract listed in the report of a
life insurance corporation, its number, the name of the
corporation, and the amount due. The record shall be available
for public inspection at all reasonable business hours.
Sec. 128. Minnesota Statutes 1996, section 349.19,
subdivision 2a, is amended to read:
Subd. 2a. [TAX REFUND AND CREDIT ACCOUNT.] (a) Each
organization that receives a refund or credit under section
297E.02, subdivision 4, paragraph (d), must establish a separate
account designated as the tax and credit refund account. The
organization must (1) within four business days of receiving a
refund under that paragraph deposit the refund in the account,
and (2) within four business days of filing a tax return that
claims a credit under that paragraph, transfer from the separate
account established under subdivision 2 to the tax refund and
credit account an amount equal to the tax credit.
(b) The name and address of the bank, the account number
for the tax refund and credit account, and the names of
organization members authorized as signatories on the account
must be provided to the board within 30 days of the date when
the organization establishes the account. Changes in the
information must be submitted to the board at least ten days
before the change is made.
(c) The organization may expend money in the account only
for lawful purposes, other than lawful purposes described in
section 349.012 349.12, subdivision 25, paragraph (a), clauses
(8), (9), and (12). Amounts in the account must be spent for
qualifying lawful purposes no later than one year after the
refund is deposited.
Sec. 129. Minnesota Statutes 1996, section 353.64,
subdivision 2, is amended to read:
Subd. 2. Before a governing body may declare a position to
be that of a police officer, the duties of the person so
employed must, as a minimum, include employment as an officer of
a designated police department or sheriff's office or person in
charge of a designated police department or sheriff's office
whose primary job it is to enforce the law, who is licensed by
the Minnesota board of peace officer standards and training
under sections 626.84 to 626.855 626.863, who is engaged in the
hazards of protecting the safety and property of others, and who
has the power to arrest by warrant. A police officer who is
periodically assigned to employment duties not within the scope
of this subdivision may contribute to the public employees
police and fire fund for all service, if a resolution declaring
that the primary position held by the person is that of a police
officer, is adopted by the governing body of the department, and
is promptly submitted to the executive director.
Sec. 130. Minnesota Statutes 1996, section 353C.02, is
amended to read:
353C.02 [CORRECTIONAL SERVICE EMPLOYEES.]
A local government correctional service employee is a
person who:
(1) meets the definition of "essential employee" in section
179A.03, subdivision 7, excluding state employees, University of
Minnesota employees, firefighters, peace officers subject to
licensure under sections 626.84 to 626.855 626.863, employees of
hospitals other than state hospitals, confidential employees,
supervisory employees other than employees who supervise
correctional officers and who are stationed at correctional
facilities or city or county jails, principals, and assistant
principals;
(2) is employed by Dakota county, Hennepin county, Ramsey
county, or Washington county, if the county elects to
participate under section 353C.04 or by a joint-powers
correctional agency in which St. Louis county or its
municipalities participate, if the governing body of the agency
elects to participate under section 353C.04;
(3) is a public employee within the meaning of section
353.01, subdivisions 2 and 2a; and
(4) is not at the time of the exercise of the participation
option under section 353C.04 a member of the basic program of
the public employees retirement association or a member of the
public employees police and fire fund.
Sec. 131. Minnesota Statutes 1996, section 354.66,
subdivision 4, is amended to read:
Subd. 4. [RETIREMENT CONTRIBUTIONS.] Notwithstanding any
provision to the contrary in this chapter 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
retirement fund 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, or within 30 days
after notification by the association of the amount due,
whichever is later, the member and the employing board make that
portion of the required employer contribution to the retirement
fund, 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 the services rendered in the part-time assignment.
The employing unit shall make that portion of the required
employer contributions to the retirement fund on behalf of the
teacher that is 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,
subdivision 3. The employee and employer contributions shall be
based upon the rates of contribution prescribed by section
354.42. Full accrual of allowable service credit and employee
contributions for part-time teaching service pursuant to this
section and section 354A.094 shall not continue for a period
longer than ten years.
Sec. 132. Minnesota Statutes 1996, section 383B.78,
subdivision 3, is amended to read:
Subd. 3. [REGULATORY ORDINANCES.] (a) The governing bodies
of counties having a population of more than 450,000, and all
cities and towns located in the counties may, by ordinance,
resolution, or bylaw, regulate the use of public bathing beaches
and public waters where a public bathing beach immediately
borders for the purpose of bathing, swimming, or congregating
with others, within their respective territorial limits, in a
manner that is not inconsistent with this section.
(b) If a governing body determines that the safety, health,
morals, or general welfare of the public require, the governing
body may, by ordinance, resolution, or bylaw, provide that a
public bathing beach is closed to bathing, swimming, and
congregating after 9:00 a.m. p.m.
Sec. 133. Minnesota Statutes 1996, section 383D.35, is
amended to read:
383D.35 [PROTECTION OF RIGHTS UNDER STATE AND FEDERAL
LAWS.]
Subdivision 1. Nothing in sections 383D.21 to 383D.34
383D.33 shall be construed to permit or encourage any action or
conduct prohibited by the Minnesota human rights act or prohibit
recourse to any remedies provided in the Minnesota human rights
act or any other state or federal law relating to equal
employment opportunities. The provisions of those laws shall
continue to apply to county employment generally, including
positions excluded from the jurisdiction of the county personnel
administration system.
Subd. 2. Nothing in sections 383D.21 to 383D.34 383D.33
shall be construed to affect the rights and obligations of an
employee or employer under sections 179A.01 to 179A.25, or the
provisions of a contract or agreement executed pursuant to them.
Subd. 3. Any employee in the unclassified service may be
demoted or removed from the employee's position in the
unclassified service without cause and at the discretion and
pleasure of the appointing authority, but, unless otherwise
provided by law, no permanent county employee, who has
successfully completed the employee's probationary period of
employment with the county, shall be dismissed from employment
with the county without the establishment of just cause. For
purposes of this subdivision, just cause includes, but is not
limited to, failure to perform assigned duties, substandard
performance, misconduct, insubordination, and violation of
written policies and procedures.
Sec. 134. Minnesota Statutes 1996, section 390.35, is
amended to read:
390.35 [ELECTION TO FOLLOW SIMPLIFIED INVESTIGATION.]
Sections 390.31 to 390.35 apply only to counties in which
the county board elects to be bound by them in lieu of other law
relating to coroners. In a county in which sections 390.31 to
390.35 apply, the county board may by resolution resume death
investigations under sections 390.005 to 390.26 390.25. The
board shall then fill the office of coroner as provided by
section 390.005.
Sec. 135. Minnesota Statutes 1996, section 412.191,
subdivision 1, is amended to read:
Subdivision 1. [COMPOSITION.] The city council in a
standard plan city shall consist of the mayor, the clerk, and
the three or five council members. In optional plan cities,
except those cities having a larger council under repealed
section 412.023, subdivision 4, the council shall consist of the
mayor and the four council members. A majority of all the
members shall constitute a quorum although a smaller number may
adjourn from time to time.
Sec. 136. Minnesota Statutes 1996, section 412.581, is
amended to read:
412.581 [OFFICERS.]
In any city operating under Optional Plan A except a city
having a larger council under repealed section 412.023,
subdivision 4, the council shall be composed of five or seven
members consisting, except during the initial period of its
operation as provided in section 412.571, of the mayor and four
or six council members and, except as provided in that section,
the clerk and treasurer or clerk-treasurer shall be appointed by
the council for indefinite terms.
Sec. 137. Minnesota Statutes 1996, section 412.631, is
amended to read:
412.631 [COMPOSITION OF COUNCIL.]
In any city operating under Optional Plan B, the council
shall, except as provided in sections repealed section 412.023,
subdivision 4, and section 412.571, be composed of a mayor and
four or six council members.
Sec. 138. Minnesota Statutes 1996, section 422A.01,
subdivision 18, is amended to read:
Subd. 18. [LICENSED PEACE OFFICER.] "Licensed peace
officer," for purposes of section 422A.151, means an employee of
the metropolitan airports commission who was employed by the
commission before June 30, 1978, and whose employment duties
include, at a minimum, full-time service as an officer whose
primary job it is to enforce the law, who is licensed by the
Minnesota board of peace officer standards and training under
sections 626.84 to 626.855 626.863, who is engaged in the
hazards of protecting the safety and property of others, and who
has the power to arrest by warrant.
Sec. 139. Minnesota Statutes 1996, section 427.02, is
amended to read:
427.02 [DEPOSITORIES.]
The council of any city in this state, but not including
cities when governed under a charter adopted under and pursuant
to the Constitution of the state of Minnesota, article IV,
section 36, and sections 410.03 to 410.24, and 441.01 to 441.09,
and all acts supplemental thereto, in which charter the matter
of designating depositories for city funds and the protection
thereof is provided for, or in which charter it shall hereafter
be provided for, shall have the power and authority to designate
or redesignate at the beginning of each calendar year, or from
time to time, the banks or other legal depositories of any city
in which the treasurer of the city shall deposit and keep the
moneys of the city, designating in each instance the maximum
amount which may at any time be kept in any one of these
depositories, which maximum amount shall in no case exceed 25
percent of the paid-up capital and surplus of the depository,
unless the depository shall deposit with the treasurer of the
city United States government bonds to secure the deposit of the
funds of the city; and, in that event, the amount so deposited
shall not exceed the amount of the United States government
bonds so deposited. No depository shall deposit United States
government bonds which mature within one year from the date such
bonds were first considered as a part of the bank's reserve and
which reserves are required by section 48.221. The council of
each city shall, at all times, designate depositories in the
city, or elsewhere in the United States, sufficient for the
depository of all funds which are likely to be in the hands of
the treasurer of the city at any one time and shall, so far as
consistent with the best interest of the city, designate these
depositories in the city and require from these depositories
good and sufficient bonds payable to the city in a penal sum not
to exceed the amount designated as the limit of deposit therein,
and conditioned for the safekeeping and payment of funds so
deposited, or, in lieu thereof, good and sufficient collateral
as provided for by section 118A.03.
Sec. 140. [REPEALER; SECTIONS 466.01, SUBDIVISIONS 4 AND
5.]
Minnesota Statutes 1996, section 466.01, subdivisions 4 and
5, are repealed.
Sec. 141. Minnesota Statutes 1996, section 466.03,
subdivision 6d, is amended to read:
Subd. 6d. [LICENSING OF PROVIDERS.] A claim against a
municipality based on the failure of a provider to meet the
standards needed for a license to operate a day care facility,
as defined in section 245.782, subdivision 5, under chapter 245A
for children, unless the municipality had actual knowledge of a
failure to meet licensing standards that resulted in a dangerous
condition that foreseeably threatened the plaintiff.
Sec. 142. [REPEALER; SECTION 469.033 NOTE.]
Laws 1994, chapter 416, article 1, section 47, is repealed.
Sec. 143. Minnesota Statutes 1996, section 469.078,
subdivision 1, is amended to read:
Subdivision 1. [MAY USE CHAPTER 458 POWERS GRANTED BY 1980
LAW.] The city of Minneapolis may exercise those powers of a
governmental agency or subdivision in sections 469.048 to
469.068 granted to it by Laws 1980, chapter 595.
Sec. 144. [REPEALER; SECTION 469.121 NOTE.]
Laws 1989, chapter 209, article 2, section 42, is repealed.
Sec. 145. Minnesota Statutes 1996, section 469.141,
subdivision 3, is amended to read:
Subd. 3. [WATER WELL REGULATION.] Cities may prohibit,
restrict, control, and require permits for drilling of water
wells as defined in section 156A.02 103I.005, but the
construction and abandonment of water wells is governed
by sections 156A.01 to 156A.10 chapter 103I.
Sec. 146. Minnesota Statutes 1996, section 469.173,
subdivision 7, is amended to read:
Subd. 7. [REPEALER APPLICATION.] Sections 469.169,
469.171, 469.172, and this section are effective remain in
effect only for border city enterprise zones and only until the
enterprise zone is terminated by resolution adopted by the city
in which the border city enterprise zone is located. For all
other enterprise zones, sections 469.169, 469.171, 469.172, and
this section are repealed effective no longer in effect after
December 31, 1996.
Sec. 147. Minnesota Statutes 1996, section 471.9981,
subdivision 1, is amended to read:
Subdivision 1. [1988 REPORT.] A home rule charter or
statutory city or county, referred to in this section as a
"governmental subdivision," that employs ten or more people and
that did not submit a report according to repealed section
471.998, shall submit the report by October 1, 1988, to the
commissioner of employee relations.
The plan for implementing equitable compensation for the
employees must provide for complete implementation not later
than December 31, 1991, unless a later date has been approved by
the commissioner. If a report was filed before October 1, 1987,
and had an implementation date after December 31, 1991, the date
in the report shall be approved by the commissioner. The plan
need not contain a market study.
Sec. 148. [REPEALER; SECTION 471A.02, SUBDIVISIONS 2 AND
15.]
Minnesota Statutes 1996, section 471A.02, subdivisions 2
and 15, are repealed.
Sec. 149. [REPEALER; SECTION 473.13 NOTE.]
Laws 1994, chapter 416, article 1, section 51, is repealed.
Sec. 150. Minnesota Statutes 1996, section 473.206, is
amended to read:
473.206 [LOCAL ORDINANCES.]
Each county, city or town in the metropolitan area shall be
provided with standards, criteria and suggested model ordinances
and may, after review and comment by the metropolitan council,
adopt ordinances which provide for the protection of the
resources described in section 473.204 that are the subject of
the standards, criteria, and model ordinances.
Sec. 151. Minnesota Statutes 1996, section 473.208, is
amended to read:
473.208 [COOPERATION.]
In adopting and enforcing the ordinances for which
standards and criteria are provided by sections 473.204 to
473.208 section 473.206, counties, cities and towns shall
consult and cooperate with affected soil and water conservation
districts, watershed districts, and lake conservation districts
on matters of common concern.
Sec. 152. [REPEALER; SECTION 473.445 NOTE.]
Laws 1994, chapter 411, section 4, is repealed.
Sec. 153. [REPEALER; SECTION 473.638, SUBDIVISION 1.]
Minnesota Statutes 1996, section 473.638, subdivision 1, is
repealed.
Sec. 154. Minnesota Statutes 1996, section 473.638,
subdivision 2, is amended to read:
Subd. 2. [RETENTION OR SALE OF PROPERTY.] The commission
may retain any property now owned by it or acquired under
subdivision 1 and use it for a lawful purpose, or it may provide
for the sale or other disposition of the property in accordance
with a redevelopment plan in the same manner and upon the same
terms as the housing and redevelopment authority and governing
body of a municipality under the provisions of section 469.029,
all subject to the provisions of section 473.636, subdivision 2,
or to existing land use and development control measures
approved by the council.
Sec. 155. [REPEALER; SECTION 473.639.]
Minnesota Statutes 1996, section 473.639, is repealed.
Sec. 156. [REPEALER; SECTION 473.711 NOTE.]
Laws 1994, chapter 416, article 1, section 56, is repealed.
Sec. 157. Minnesota Statutes 1996, section 473.859,
subdivision 2, is amended to read:
Subd. 2. [LAND USE PLAN.] A land use plan shall include
the water management plan required by section 103B.235, and
shall designate the existing and proposed location, intensity
and extent of use of land and water, including lakes, wetlands,
rivers, streams, natural drainage courses, and adjoining land
areas that affect water natural resources, for agricultural,
residential, commercial, industrial and other public and private
purposes, or any combination of such purposes. A land use plan
shall contain a protection element, as appropriate, for historic
sites, the matters listed in the water management plan required
by section 103B.235, and the matters listed in section 473.204,
and an element for protection and development of access to
direct sunlight for solar energy systems. A land use plan shall
also include a housing element containing standards, plans and
programs for providing adequate housing opportunities to meet
existing and projected local and regional housing needs,
including but not limited to the use of official controls and
land use planning to promote the availability of land for the
development of low and moderate income housing.
Sec. 158. Minnesota Statutes 1996, section 475.51,
subdivision 9, is amended to read:
Subd. 9. [GOVERNING BODY.] "Governing body" means the
board, council, commission, or other body of the municipality
charged with the general control of its financial affairs;
provided, that where any charter or law confers bond issuing
power on a particular board or body of a municipality, such
board or body is the governing body under the provisions of
sections 475.51 to 475.75 475.74.
Sec. 159. Minnesota Statutes 1996, section 475.53,
subdivision 1, is amended to read:
Subdivision 1. [GENERALLY.] Except as otherwise provided
in sections 475.51 to 475.75 475.74, no municipality, except a
school district or a city of the first class, shall incur or be
subject to a net debt in excess of two percent of the market
value of taxable property in the municipality.
Sec. 160. Minnesota Statutes 1996, section 475.57, is
amended to read:
475.57 [INITIATION OF PROCEEDINGS; RESOLUTION.]
Proceedings for issuing bonds under sections 475.51 to
475.75 475.74 shall be initiated by a resolution of the
governing body of the municipality stating the amount proposed
to be borrowed and the purpose for which the debt is to be
incurred. Such resolution may provide for the submission of the
question to vote of the electors. A town board may adopt such
resolution without a statement for special town meeting being
filed with the clerk.
Sec. 161. Minnesota Statutes 1996, section 475.61,
subdivision 2, is amended to read:
Subd. 2. [FILING; CERTIFICATION; ASSESSMENT; EXTENSION.]
The recording officer of the municipality shall file in the
office of the county auditor of each county in which any part of
the municipality is located a certified copy of the resolution,
together with full information regarding the obligations for
which the tax is levied. No further action by the municipality
is required to authorize the extension, assessment and
collection of the tax, but the municipality's liability on the
obligations is not limited thereto and its governing body shall
levy and cause to be extended, assessed and collected any
additional taxes found necessary for full payment of the
principal and interest. The county auditor shall forthwith
certify to the municipality that the obligations have been
entered in the register required by sections 475.51 to 475.75
475.74 and that the tax levy required by sections 475.51
to 475.75 475.74 has been made. The auditor shall annually
assess and extend upon the tax rolls the amount specified for
such year in the resolution, unless the amount has been reduced
as authorized below or, if the municipality is located in more
than one county, the portion thereof which bears the same ratio
to the whole amount as the net tax capacity of taxable property
in that part of the municipality located in the auditor's county
bears to the net tax capacity of all taxable property in the
municipality.
Sec. 162. Minnesota Statutes 1996, section 480.242,
subdivision 2, is amended to read:
Subd. 2. [REVIEW OF APPLICATIONS; SELECTION OF
RECIPIENTS.] At times and in accordance with any procedures as
the supreme court adopts in the form of court rules,
applications for the expenditure of civil legal services funds
shall be accepted from qualified legal services programs or from
local government agencies and nonprofit organizations seeking to
establish qualified alternative dispute resolution programs.
The applications shall be reviewed by the advisory committee,
and the advisory committee, subject to review by the supreme
court, shall distribute the funds received pursuant to section
480.241, subdivision 2, available for this expenditure to
qualified legal services programs or to qualified alternative
dispute resolution programs submitting applications. The funds
shall be distributed in accordance with the following formula:
(a) Eighty-five percent of the funds distributed shall be
distributed to qualified legal services programs that have
demonstrated an ability as of July 1, 1982, to provide legal
services to persons unable to afford private counsel with funds
provided by the federal Legal Services Corporation. The
allocation of funds among the programs selected shall be based
upon the number of persons with incomes below the poverty level
established by the United States Census Bureau who reside in the
geographical area served by each program, as determined by the
supreme court on the basis of the most recent national census.
All funds distributed pursuant to this clause shall be used for
the provision of legal services in civil and farm legal
assistance matters as prioritized by program boards of directors
to eligible clients.
(b) Fifteen percent of the funds distributed may be
distributed (1) to other qualified legal services programs for
the provision of legal services in civil matters to eligible
clients, including programs which organize members of the
private bar to perform services and programs for qualified
alternative dispute resolution, (2) to programs for training
mediators operated by nonprofit alternative dispute resolution
corporations, or (3) to qualified legal services programs to
provide family farm legal assistance for financially distressed
state farmers. The family farm legal assistance must be
directed at farm financial problems including, but not limited
to, liquidation of farm property including bankruptcy, farm
foreclosure, repossession of farm assets, restructuring or
discharge of farm debt, farm credit and general debtor-creditor
relations, and tax considerations. If all the funds to be
distributed pursuant to this clause cannot be distributed
because of insufficient acceptable applications, the remaining
funds shall be distributed pursuant to clause (a).
A person is eligible for legal assistance under this
section if the person is an eligible client as defined in
section 480.24, subdivision 2, or:
(1) is a state resident;
(2) is or has been a farmer or a family shareholder of a
family farm corporation within the preceding 24 months;
(3) has a debt-to-asset ratio greater than 50 percent;
(4) has a reportable federal adjusted gross income of
$15,000 or less in the previous year; and
(5) is financially unable to retain legal representation.
Qualifying farmers and small business operators whose bank
loans are held by the Federal Deposit Insurance Corporation are
eligible for legal assistance under this section.
Sec. 163. Minnesota Statutes 1996, section 500.24,
subdivision 3, is amended to read:
Subd. 3. [CORPORATE FARMING, AG LAND OWNERSHIP
RESTRICTED.] No corporation, limited liability company, pension
or investment fund, or limited partnership shall engage in
farming; nor shall any corporation, limited liability company,
pension or investment fund, or limited partnership, directly or
indirectly, own, acquire, or otherwise obtain an interest,
whether legal, beneficial or otherwise, in any title to real
estate used for farming or capable of being used for farming in
this state. Livestock that are delivered for slaughter or
processing may be fed and cared for by a corporation up to 20
days prior to slaughter or processing. Provided, however, that
the restrictions in this subdivision do not apply to
corporations or partnerships in clause (b) and do not apply to
corporations, limited partnerships, and pension or investment
funds that record its name and the particular exception under
clauses (a) to (s) (r) under which the agricultural land is
owned or farmed, have a conservation plan prepared for the
agricultural land, report as required under subdivision 4, and
satisfy one of the following conditions under clauses (a)
to (s) (r):
(a) a bona fide encumbrance taken for purposes of security;
(b) a family farm corporation, an authorized farm
corporation, a family farm partnership, or an authorized farm
partnership as defined in subdivision 2 or a general
partnership;
(c) agricultural land and land capable of being used for
farming owned by a corporation as of May 20, 1973, or a pension
or investment fund as of May 12, 1981, including the normal
expansion of such ownership at a rate not to exceed 20 percent
of the amount of land owned as of May 20, 1973, or, in the case
of a pension or investment fund, as of May 12, 1981, measured in
acres, in any five-year period, and including additional
ownership reasonably necessary to meet the requirements of
pollution control rules;
(d) agricultural land operated for research or experimental
purposes with the approval of the commissioner of agriculture,
provided that any commercial sales from the operation must be
incidental to the research or experimental objectives of the
corporation. A corporation, limited partnership, or pension or
investment fund seeking to operate agricultural land for
research or experimental purposes must submit to the
commissioner a prospectus or proposal of the intended method of
operation, containing information required by the commissioner
including a copy of any operational contract with individual
participants, prior to initial approval of an operation. A
corporation, limited partnership, or pension or investment fund
operating agricultural land for research or experimental
purposes prior to May 1, 1988, must comply with all requirements
of this clause except the requirement for initial approval of
the project;
(e) agricultural land operated by a corporation or limited
partnership for the purpose of raising breeding stock, including
embryos, for resale to farmers or operated for the purpose of
growing seed, wild rice, nursery plants or sod. An entity that
is organized to raise livestock other than dairy cattle under
this clause that does not meet the definition requirement for an
authorized farm corporation must:
(1) sell all castrated animals to be fed out or finished to
farming operations that are neither directly nor indirectly
owned by the business entity operating the breeding stock
operation; and
(2) report its total production and sales annually to the
commissioner of agriculture;
(f) agricultural land and land capable of being used for
farming leased by a corporation or limited partnership in an
amount, measured in acres, not to exceed the acreage under lease
to such corporation as of May 20, 1973, or to the limited
partnership as of May 1, 1988, and the additional acreage
required for normal expansion at a rate not to exceed 20 percent
of the amount of land leased as of May 20, 1973, for a
corporation or May 1, 1988, for a limited partnership in any
five-year period, and the additional acreage reasonably
necessary to meet the requirements of pollution control rules;
(g) agricultural land when acquired as a gift (either by
grant or a devise) by an educational, religious, or charitable
nonprofit corporation or by a pension or investment fund or
limited partnership; provided that all lands so acquired by a
pension or investment fund, and all lands so acquired by a
corporation or limited partnership which are not operated for
research or experimental purposes, or are not operated for the
purpose of raising breeding stock for resale to farmers or
operated for the purpose of growing seed, wild rice, nursery
plants or sod must be disposed of within ten years after
acquiring title thereto;
(h) agricultural land acquired by a pension or investment
fund or a corporation other than a family farm corporation or
authorized farm corporation, as defined in subdivision 2, or a
limited partnership other than a family farm partnership or
authorized farm partnership as defined in subdivision 2, for
which the corporation or limited partnership has documented
plans to use and subsequently uses the land within six years
from the date of purchase for a specific nonfarming purpose, or
if the land is zoned nonagricultural, or if the land is located
within an incorporated area. A pension or investment fund or a
corporation or limited partnership may hold such agricultural
land in such acreage as may be necessary to its nonfarm business
operation; provided, however, that pending the development of
agricultural land for nonfarm purposes, such land may not be
used for farming except under lease to a family farm unit, a
family farm corporation, an authorized farm corporation, a
family farm partnership, or an authorized farm partnership, or
except when controlled through ownership, options, leaseholds,
or other agreements by a corporation which has entered into an
agreement with the United States of America pursuant to the New
Community Act of 1968 (Title IV of the Housing and Urban
Development Act of 1968, United States Code, title 42, sections
3901 to 3914) as amended, or a subsidiary or assign of such a
corporation;
(i) agricultural lands acquired by a pension or investment
fund or a corporation or limited partnership by process of law
in the collection of debts, or by any procedure for the
enforcement of a lien or claim thereon, whether created by
mortgage or otherwise; provided, however, that all lands so
acquired be disposed of within ten years after acquiring the
title if acquired before May 1, 1988, and five years after
acquiring the title if acquired on or after May 1, 1988,
acquiring the title thereto, and further provided that the land
so acquired shall not be used for farming during the ten-year or
five-year period except under a lease to a family farm unit, a
family farm corporation, an authorized farm corporation, a
family farm partnership, or an authorized farm partnership. The
aforementioned ten-year or five-year limitation period shall be
deemed a covenant running with the title to the land against any
grantee, assignee, or successor of the pension or investment
fund, corporation, or limited partnership. Notwithstanding the
five-year divestiture requirement under this clause, a financial
institution may continue to own the agricultural land if the
agricultural land is leased to the immediately preceding former
owner, but must divest of the agricultural land within the
ten-year period. Livestock acquired by a pension or investment
fund, corporation, or limited partnership in the collection of
debts, or by a procedure for the enforcement of lien or claim on
the livestock whether created by security agreement or otherwise
after August 1, 1994, must be sold or disposed of within one
full production cycle for the type of livestock acquired or 18
months after the livestock is acquired, whichever is later;
(j) agricultural land acquired by a corporation regulated
under the provisions of Minnesota Statutes 1974, chapter 216B,
for purposes described in that chapter or by an electric
generation or transmission cooperative for use in its business,
provided, however, that such land may not be used for farming
except under lease to a family farm unit, a family farm
corporation, or a family farm partnership;
(k) agricultural land, either leased or owned, totaling no
more than 2,700 acres, acquired after May 20, 1973, for the
purpose of replacing or expanding asparagus growing operations,
provided that such corporation had established 2,000 acres of
asparagus production;
(l) all agricultural land or land capable of being used for
farming which was owned or leased by an authorized farm
corporation as defined in Minnesota Statutes 1974, section
500.24, subdivision 1, clause (d), but which does not qualify as
an authorized farm corporation as defined in subdivision 2,
clause (d);
(m) a corporation formed primarily for religious purposes
whose sole income is derived from agriculture;
(n) agricultural land owned or leased by a corporation
prior to August 1, 1975, which was exempted from the restriction
of this subdivision under the provisions of Laws 1973, chapter
427, including normal expansion of such ownership or leasehold
interest to be exercised at a rate not to exceed 20 percent of
the amount of land owned or leased on August 1, 1975, in any
five-year period and the additional ownership reasonably
necessary to meet requirements of pollution control rules;
(o) agricultural land owned or leased by a corporation
prior to August 1, 1978, including normal expansion of such
ownership or leasehold interest, to be exercised at a rate not
to exceed 20 percent of the amount of land owned or leased on
August 1, 1978, and the additional ownership reasonably
necessary to meet requirements of pollution control rules,
provided that nothing herein shall reduce any exemption
contained under the provisions of Laws 1975, chapter 324,
section 1, subdivision 2;
(p) an interest in the title to agricultural land acquired
by a pension fund or family trust established by the owners of a
family farm, authorized farm corporation or family farm
corporation, but limited to the farm on which one or more of
those owners or shareholders have resided or have been actively
engaged in farming as required by subdivision 2, clause (b),
(c), or (d);
(q) agricultural land owned by a nursing home located in a
city with a population, according to the state demographer's
1985 estimate, between 900 and 1,000, in a county with a
population, according to the state demographer's 1985 estimate,
between 18,000 and 19,000, if the land was given to the nursing
home as a gift with the expectation that it would not be sold
during the donor's lifetime. This exemption is available until
July 1, 1995;
(r) the acreage of agricultural land and land capable of
being used for farming owned and recorded by an authorized farm
corporation as defined in Minnesota Statutes 1986, section
500.24, subdivision 2, paragraph (d), or a limited partnership
as of May 1, 1988, including the normal expansion of the
ownership at a rate not to exceed 20 percent of the land owned
and recorded as of May 1, 1988, measured in acres, in any
five-year period, and including additional ownership reasonably
necessary to meet the requirements of pollution control
rules; or
(s) (r) agricultural land owned or leased as a necessary
part of an aquatic farm as defined in section 17.47, subdivision
3.
Sec. 164. Minnesota Statutes 1996, section 508A.01,
subdivision 3, is amended to read:
Subd. 3. [DEFINITION.] For the purposes of sections
508A.01 to 508A.85, the term "possessory estate in land" means a
fee simple estate held by an owner who (1) has been found on
examination by the examiner of titles pursuant to section
508A.13 to be the record owner of the land described; and (2)
has satisfied the examiner of titles that the owner is in actual
or constructive possession of the land described.
Sec. 165. Minnesota Statutes 1996, section 524.2-402, is
amended to read:
524.2-402 [DESCENT OF HOMESTEAD.]
(a) If there is a surviving spouse, the homestead,
including a manufactured home which is the family residence,
descends free from any testamentary or other disposition of it
to which the spouse has not consented in writing or as provided
by law, as follows:
(1) if there is no surviving descendant of decedent, to the
spouse; or
(2) if there are surviving descendants of decedent, then to
the spouse for the term of the spouse's natural life and the
remainder in equal shares to the decedent's descendants by
representation.
(b) If there is no surviving spouse and the homestead has
not been disposed of by will it descends as other real estate.
(c) If the homestead passes by descent or will to the
spouse or decedent's descendants, it is exempt from all debts
which were not valid charges on it at the time of decedent's
death except that the homestead is subject to a claim filed
pursuant to section 246.53 for state hospital care or 256B.15
for medical assistance benefits. If the homestead passes to a
person other than a spouse or decedent's descendants, it is
subject to the payment of the items mentioned in section
524.2-101 the expenses of administration, funeral expenses,
expenses of last illness, taxes, and debts. No lien or other
charge against a homestead so exempted is enforceable in the
probate court, but the claimant may enforce the lien or charge
by an appropriate action in the district court.
(d) For purposes of this section, except as provided in
section 524.2-301, the surviving spouse is deemed to consent to
any testamentary or other disposition of the homestead to which
the spouse has not previously consented in writing unless the
spouse files in the manner provided in section 524.2-211,
paragraph (f), a petition that asserts the homestead rights
provided to the spouse by this section.
Sec. 166. Minnesota Statutes 1996, section 525.152,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) "Eligible child" means a
child of the decedent who:
(1) is not the child of the surviving spouse, if any;
(2) if there is no surviving spouse, is not a minor, and
has a different parent than minor children of the decedent who
are entitled to an allowance selection under section 525.15,
clause (3); and
(3) if the decedent dies testate, is a devisee under the
decedent's will.
(b) "Sentimental value" means significant emotional or
nostalgic value arising out of the relationship of an individual
with the decedent or arising out of the relationship of the
eligible child with the individual who is the nondecedent parent
of the eligible child.
Sec. 167. Minnesota Statutes 1996, section 525.152,
subdivision 2, is amended to read:
Subd. 2. [INELIGIBLE PROPERTY.] The following property is
not eligible for an award under this section:
(1) real property;
(2) personal property that is the subject of a specific
devise under the decedent's will where the will was executed
before August 1, 1989, and where the devise specifically
identifies the particular item of property, unless the property
is selected under section 525.151 524.2-403;
(3) personal property that is the subject of a specific
devise under a separate writing under section 524.2-513, unless
the property is selected under section 525.151 524.2-403; and
(4) personal property disposed of by a premarital agreement.
Sec. 168. Minnesota Statutes 1996, section 525.152,
subdivision 3, is amended to read:
Subd. 3. [NOTICE TO ELIGIBLE CHILDREN; PETITION.] At the
time of an allowance selection under section 525.151 524.2-403,
the person making the selection shall serve personally or by
mail a written itemized notice of the property selected to every
eligible child of the decedent. This requirement does not apply
if an award of property with sentimental value already has been
made under this section. Within 30 days of receipt of the
notice of selection, an eligible child may petition the court to
award property with sentimental value contained in the notice,
or other property with sentimental value that belonged to the
decedent, to the eligible child.
Sec. 169. [REVISOR'S INSTRUCTION; SECTIONS 626.843 TO
626.88.]
The revisor shall change the citation from section 626.855
to section 626.863 in the following sections of Minnesota
Statutes: 626.843; 626.845; 626.846; 626.847; 626.851; and
626.88.
Sec. 170. Laws 1995, chapter 220, section 7, subdivision
3, is amended to read:
Subd. 3. Promotion and Marketing
1,146,000 1,146,000
Summary by Fund
General 954,000 954,000
Special Revenue 192,000 192,000
Notwithstanding Minnesota Statutes,
section 41A.09, subdivision 3 3a, the
total payments from the ethanol
development account to all producers
may not exceed $25,000,000 for the
biennium ending June 30, 1997. If the
total amount for which all producers
are eligible in a quarter exceeds the
amount available for payments, the
commissioner shall make the payments on
a pro rata basis.
$100,000 the first year and $100,000
the second year are for ethanol
promotion and public education.
$100,000 the first year and $100,000
the second year must be spent for the
WIC coupon program.
$71,000 the first year and $71,000 the
second year are for transfer to the
Minnesota grown matching account and
may be used as grants for Minnesota
grown promotion under Minnesota
Statutes, section 17.109.
$192,000 the first year and $192,000
the second year are from the
commodities research and promotion
account in the special revenue fund.
Sec. 171. Laws 1996, chapter 310, section 1, is amended to
read:
Section 1. [REPEALER.]
Minnesota Statutes 1994, sections 1.17; 1.25; 1.331; 3.85,
subdivision 7; 4.02; 4.45; 6.26; 10.05; 10.38; 15.07; 15.09;
15.14; 15.15; 15.793; 15A.083, subdivisions 2 and 3; 15A.15;
17.14, subdivision 2; 17.351, subdivision 2; 17.47, subdivision
5; 17.53, subdivisions 4 and 11; 17.693, subdivisions 3 and 7;
17.81, subdivision 6; 17.981; 17A.03, subdivision 4; 18.46,
subdivision 14; 18.58; 18.77, subdivision 2; 18B.01, subdivision
16; 18B.065, subdivision 6; 18B.08, subdivision 5; 18C.105;
18C.531, subdivisions 6, 11, 19, 20, and 27; 19.50, subdivision
16; 19.64, subdivision 5; 21.72, subdivision 2; 21.81,
subdivision 18; 24.135, subdivisions 6 and 7; 24.165; 25.33,
subdivision 2; 25.44; 25.46; 27.01, subdivisions 1, 3, 6, and
and 9; 27.137, subdivisions 2, 3, 4, 6, and 8; 27.15; 29.21,
subdivision 2; 30.01, subdivision 2; 31.51, subdivisions 10 and
12; 31.782, subdivision 2; 31.92, subdivision 1a; 31A.02,
subdivision 3; 31A.30; 32.01, subdivisions 3 and 4; 32.077;
32.101; 32.201; 32.205; 32.207; 32.398, subdivision 2; 32.401,
subdivision 4; 32.411, subdivision 6; 32.471, subdivision 2;
32.485; 32.531, subdivisions 2, 3, and 4; 35.01, subdivision 4;
35.73, subdivision 3; 42.02, subdivision 2; 42.06, subdivision
4; 42.09, subdivision 3; 43A.082; 43A.27, subdivision 6;
43A.317, subdivision 11; 43A.47; 47.202; 62D.12, subdivision 12;
84.024; 84.083, subdivision 2; 87.01; 89.013; 89.014; 90.005,
subdivisions 1, 4, and 5; 115A.06, subdivision 4; 115A.08;
115A.09; 115A.14, subdivisions 1, 2, and 3; 115A.201; 115A.21;
115A.22; 115A.241; 115A.25; 115A.26; 115A.27; 115A.28,
subdivision 1; 115A.29; 115A.291; 115A.97, subdivision 4;
116J.974; 116J.981; 116J.986; 118.02; 118.08; 119.04,
subdivision 4; 124B.02; 124B.10; 124B.20, subdivisions 2 and 3;
136A.179; 137.03; 137.05; 137.06; 137.07; 137.08; 137.11;
137.14; 137.15; 137.33; 137.34, subdivision 2; 141.33; 141.34;
148B.34; 152.151; 161.041; 161.086; 166.01; 166.02; 166.03;
166.05; 166.06; 166.07; 166.08; 166.09; 166.10; 169.72,
subdivision 3; 175.001, subdivision 5; 175.002; 175.003;
175.004; 175.005; 175.006, subdivision 4; 175.34; 176.1011;
177.34; 186.01; 186.02; 186.03; 186.04; 186.05; 186.06; 186.07;
186.08; 190.10; 191.09; 193.145, subdivision 1; 196.06,
subdivision 2; 196.10; 196.11; 196.14; 196.15; 197.971; 197.972;
197.973; 197.974; 197.975; 197.976; 197.977; 197.978; 197.979;
197.98; 197.981; 197.982; 197.983; 197.984; 197.985; 197.986;
198.002, subdivision 4; 202A.17; 216C.19, subdivisions 10, 11,
and 12; 216C.21; 216C.22; 216C.23; 216C.24; 246.44; 246.45;
246.46; 251.011, subdivisions 1, 4, 4a, 7, and 8; 254.02;
256B.56; 256B.57; 256B.58; 256B.59; 256B.60; 256B.61; 256B.62;
256B.63; 256E.07, subdivision 1a; 256E.08, subdivision 9;
261.251; 275.064; 280.12; 280.13; 280.25; 280.26; 281.15;
281.26; 281.27; 295.01; 298.226; 298.244; 299D.01, subdivision
5; 299F.01, subdivision 3; 345.20, subdivision 6; 352B.265;
353.011; 367.411; 367.43; 373.013; 373.045; 374.03; 374.04;
374.06; 374.07; 374.22; 374.23; 375.24; 375.383; 375.435;
377.01; 377.03; 377.05; 383A.07, subdivisions 11, 21, 22, and
25; 383A.09; 383A.10; 383A.15; 383A.34; 383A.44; 383B.227;
383B.233; 383B.69; 383C.054; 383C.057; 383C.058; 383D.15;
383D.34; 383D.67; 386.375, subdivision 6; 388.19, subdivision 2;
390.26; 397.05; 397.06; 397.07; 397.08; 397.09; 397.10; 397.101;
397.102; 412.015, subdivision 1; 412.018, subdivision 2;
412.023, subdivision 4; 412.092; 441.01; 441.02; 441.03; 441.04;
441.05; 441.06; 441.07; 441.08; 441.09; 446A.10; 457.13;
458.1931; 458D.13; 465.681; 466.10; 466.12, subdivision 4;
471.74, subdivisions 1 and 3; 471.9975; 471.998; 471A.07;
473.204; 473.418; 473.608, subdivision 20; 473.855; 474.22;
475.75; 477A.011, subdivision 2; 477A.012, subdivisions 1, 3, 4,
7, and 8; 477A.013, subdivision 6; 477A.014, subdivision 1a;
487.12; 515B.1-110; 515B.1-111; 557.022; 611A.07, subdivision 2;
611A.23; 611A.42; 611A.44; 626.559, subdivision 4; 626.563, as
amended by Laws 1995, chapter 259, article 3, section 22;
626.855; and 641.111; Minnesota Statutes 1995 Supplement,
sections 17A.091, subdivision 2; 115A.14, subdivision 4;
124B.01; 124B.03; 124B.20, subdivision 1; 135A.10, subdivision
1; 136A.043; 471.74, subdivision 2; 474.191; 477A.012,
subdivision 2, are repealed.
ARTICLE 2
ABOLISHED REPORTS
PART A
Section 1. [IMPLEMENTING LAWS 1995, CHAPTER 248, ARTICLE
1.]
Subdivision 1. [INTENT.] This article implements Laws
1995, chapter 248, article 1, by
(1) conforming Minnesota Statutes, beginning in section 2,
to reflect the abolition of certain reporting requirements;
(2) listing, in subdivision 2, statutory citations to
reporting requirements retained by notification to the revisor
from committee chairs;
(3) listing, in subdivision 3, statutory citations to
reporting requirements which were, in 1995 or 1996, repealed,
stricken, or amended in a way suggesting continuation;
(4) listing, in subdivision 4, the status of all sections
in the original report not otherwise accounted for; and
(5) drafting conforming amendments in part B to account for
repeals listed in section 67.
Subd. 2. [REPORTS RETAINED BY COMMITTEE CHAIRS.] The
reporting requirements in these statutes were retained by
notification to the revisor from committee chairs: 3.30,
subdivision 2; 3.885, subdivision 5; 10.48; 69.051, subdivision
4; 84.154, subdivisions 4 and 5; 84B.11, subdivision 2; 115A.38,
subdivision 3; 116P.05, subdivision 2; 116P.06, subdivision 2;
121.81; 134.22; 135A.20; 240.18, subdivision 2; 270.74;
462A.207, subdivision 8; 473.123, subdivision 3; and 473.303.
Subd. 3. [REPORTS REPEALED, STRICKEN, OR RETAINED BY
AMENDMENT.] (a) Reporting requirements in these statutes
requiring periodic reports were repealed or stricken by
amendment in 1995 or 1996: 3.846; 3.861; 3.863; 3.885,
subdivision 1a; 3.9227; 14.115; 14.12; 14.32; 62N.34; 85.019;
103B.255, subdivision 9; 115A.165; 115A.551, subdivision 4
(report from metropolitan council); 116C.69, subdivision 3;
121.703, subdivision 3; 121.710, subdivision 2; 121.931,
subdivisions 3 and 4; 125.05, subdivision 7; 126.019,
subdivision 2; 126B.02; 135A.09; 136.142; 136.41; 136.507;
136A.02, subdivision 6; 136A.04, subdivision 1; 136A.041;
136A.42; 136A.86, subdivision 2; 136E.04, subdivision 3; 137.38,
subdivision 5; 144.874; 144.878; 144A.31, subdivision 5;
148C.035, subdivision 2; 168.33, subdivision 5; 245.494,
subdivision 2; 245.98, subdivision 3; 256.734, subdivision 3;
256B.0925, subdivision 3; and 393.07, subdivision 10 (note).
(b) Reporting requirements in these statutes were amended
in 1995 or 1996 in a way that did not indicate a clear intent to
abolish the reporting requirement: 13.06, subdivision 7; 14.08;
16B.75 (the report in article IX was mistakenly indicated as
being in article IV in the initial report); 144.05; 256C.28,
subdivisions 3, now 3a; and 6; and 299C.065, subdivisions 3 and
3a.
Subd. 4. [OTHER.] (a) The reporting requirement in section
115A.9157 is not imposed on a state agency and was mistakenly
included in "Required Periodic Reports to the Legislature."
(b) There are no explicit words requiring a report to the
legislature in sections 241.45, subdivision 2, and 360.015,
subdivision 8.
(c) Laws 1995, chapter 248, article 1, mistakenly refers to
section 17.114, subdivision 15, which should be section 17.117,
subdivision 15; section 469.055, subdivision 1, which should be
subdivision 2; and section 462A.207, subdivision 6, which should
be subdivision 8.
(d) No separate report is required by section 214.07,
subdivision 1a.
(e) A report required by section 10A.035, was required to
be saved by Laws 1995, chapter 248, article 1. There is no
section 10A.035. It is assumed that section 10A.335 was the
intended reference so the report in section 10A.335 is not
abolished.
(f) The following sections containing abolished reporting
requirements were renumbered: (1) 256H.195 to 119B.17, (2)
257.803 to 119A.13, and (3) 299A.30 to 119A.26.
Sec. 2. Minnesota Statutes 1996, section 3.873,
subdivision 5, is amended to read:
Subd. 5. [INFORMATION COLLECTION; INTERGOVERNMENTAL
COORDINATION.] (a) The commission may conduct public hearings
and otherwise collect data and information necessary to its
purposes.
(b) The commission may request information or assistance
from any state agency or officer to assist the commission in
performing its duties. The agency or officer shall promptly
furnish any information or assistance requested.
(c) The secretary of the senate and the chief clerk of the
house shall provide the commission with a copy of each bill
introduced in the legislature concerning children, youth, and
their families.
(d) Before implementing new or substantially revised
programs relating to the subjects being studied by the
commission under subdivision 7, the commissioner responsible for
the program shall prepare an implementation plan for the program
and shall submit the plan to the commission for review and
comment. The commission may advise and make recommendations to
the commissioner on the implementation of the program and may
request the changes or additions in the plan it deems
appropriate.
(e) By July 1, 1991, the responsible state agency
commissioners, including the commissioners of education, health,
human services, economic security, and corrections, shall
prepare data for presentation to the commission on the state
programs to be examined by the commission under subdivision 7,
paragraph (a).
(f) To facilitate coordination between executive and
legislative authorities, the commission shall meet with the
children's cabinet.
Sec. 3. Minnesota Statutes 1996, section 3.873,
subdivision 7, is amended to read:
Subd. 7. [PRIORITIES.] The commission shall give priority
to studying and reporting to the legislature on the matters
described in this subdivision. To the extent possible, the
commission shall consult with knowledgeable individuals in
communities throughout the state when developing recommendations
or preparing reports on these matters.
(a) The commission must study and report on methods of
improving legislative consideration of children and family
issues and coordinating state agency programs relating to
children and families, including the desirability, feasibility,
and effects of creating a new state department of children's
services, or children and family services, in which would be
consolidated the responsibility for administering state programs
relating to children and families.
(b) The commission must study and report on methods of
consolidating or coordinating local health, correctional,
educational, job, and human services, to improve the efficiency
and effectiveness of services to children and families and to
eliminate duplicative and overlapping services. The commission
shall evaluate and make recommendations on programs and projects
in this and other states that encourage or require local
jurisdictions to consolidate the delivery of services in schools
or other community centers to reduce the cost and improve the
coverage and accessibility of services. The commission must
study and recommend specific effectiveness measures to
accurately determine the efficacy of programs and services
provided to children and their families. The commission must
consider and recommend how to transform fragmented,
crisis-oriented delivery systems focused on remediation services
into flexible, comprehensive, well-coordinated, and
family-oriented delivery systems focused on prevention
services. The commission must review and evaluate what impact
the classification of data has on service providers' ability to
anticipate and meet the full range of families' needs. The
commission must report on any laws, rules, or procedures that
interfere with the effective delivery of community-based
services to children and families.
(c) The commission must study and report on methods of
improving and coordinating educational, social, and health care
services that assist children and families during the early
childhood years. The commission's study must include an
evaluation of the following: early childhood health and
development screening services, headstart, child care, early
childhood family education, and parents' involvement in programs
meeting the social, cognitive, physical, and emotional needs of
children.
(d) The commission must study and report on methods of
improving and coordinating the practices of judicial,
correctional, and social service agencies in placing juvenile
offenders and children who are in need of protective services or
treatment.
(e) The commission must study and recommend constructive
changes in preventive, community-based programs that encourage
children and youth to responsibly serve their community.
(f) The legislative commission on children, youth, and
their families and the children's cabinet must study and make
joint recommendations regarding a state-level governance
structure to deliver funding and coordinate policy for children
and their families. These recommendations may include
structural changes to minimize barriers to and actively promote
collaborating and integrating services for children and families
in the community. The commission and cabinet must jointly
evaluate the need for a new cabinet-level agency for children.
The commission and cabinet shall report their findings and
recommendations to the legislature by January 15, 1994.
Sec. 4. Minnesota Statutes 1996, section 9.041,
subdivision 2, is amended to read:
Subd. 2. [LEGISLATIVE ACTION; SMALL CLAIMS.] The executive
council shall refer its findings and conclusions to the
legislature for confirmation and No adjustment or settlement of
any claim by the executive council is final until ratified by
the legislature. The executive council may make final
settlement and adjustment of individual claims of settlers or
Indian allottees, where the land in question does not exceed 100
acres.
Sec. 5. Minnesota Statutes 1996, section 16A.276, is
amended to read:
16A.276 [CASH OVERAGE AND SHORTAGE ACCOUNT.]
The commissioner may keep accounts to record daily the
difference between actual and recorded cash receipts including
losses from forged and uncollectible checks. At the end of the
fiscal year, the commissioner shall clear the accounts by
transferring the balances to the general fund and paying the
deficits from operating accounts of the agencies charged with
the deficit and shall report an adjustment to the legislative
audit commission.
Sec. 6. Minnesota Statutes 1996, section 17.138,
subdivision 2, is amended to read:
Subd. 2. [COORDINATION OF RESEARCH.] The commissioner
shall coordinate manure management research and monitoring and
make recommendations on manure management research and
monitoring funding priorities to the legislature and other
funding bodies other than the legislature.
Sec. 7. Minnesota Statutes 1996, section 45.027,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL POWERS.] In connection with the
duties and responsibilities entrusted to the commissioner, and
Laws 1993, chapter 361, section 2, the commissioner of commerce
may:
(1) make public or private investigations within or without
this state as the commissioner considers necessary to determine
whether any person has violated or is about to violate any law,
rule, or order related to the duties and responsibilities
entrusted to the commissioner;
(2) require or permit any person to file a statement in
writing, under oath or otherwise as the commissioner determines,
as to all the facts and circumstances concerning the matter
being investigated;
(3) hold hearings, upon reasonable notice, in respect to
any matter arising out of the duties and responsibilities
entrusted to the commissioner;
(4) conduct investigations and hold hearings for the
purpose of compiling information with a view to recommending
changes to the legislature in the laws related to the duties and
responsibilities entrusted to the commissioner;
(5) examine the books, accounts, records, and files of
every licensee, and of every person who is engaged in any
activity regulated; the commissioner or a designated
representative shall have free access during normal business
hours to the offices and places of business of the person, and
to all books, accounts, papers, records, files, safes, and
vaults maintained in the place of business;
(6) publish information which is contained in any order
issued by the commissioner; and
(7) require any person subject to duties and
responsibilities entrusted to the commissioner, to report all
sales or transactions that are regulated. The reports must be
made within ten days after the commissioner has ordered the
report. The report is accessible only to the respondent and
other governmental agencies unless otherwise ordered by a court
of competent jurisdiction.
Sec. 8. Minnesota Statutes 1996, section 119A.13,
subdivision 3, is amended to read:
Subd. 3. [PLAN FOR DISBURSEMENT OF FUNDS.] By June 1,
1987, the commissioner, assisted by the advisory council, shall
develop a plan to disburse money from the trust fund. In
developing the plan, the commissioner shall review prevention
programs. The plan must ensure that all geographic areas of the
state have an equal opportunity to establish prevention programs
and receive trust fund money. Biennially thereafter the
commissioner shall send the plan to the legislature and the
governor by January 1 of each odd-numbered year.
Sec. 9. Minnesota Statutes 1996, section 119A.13,
subdivision 4, is amended to read:
Subd. 4. [RESPONSIBILITIES OF THE COMMISSIONER.] (a) The
commissioner shall:
(1) provide for the coordination and exchange of
information on the establishment and maintenance of prevention
programs;
(2) develop and publish criteria for receiving trust fund
money by prevention programs;
(3) review, approve, and monitor the spending of trust fund
money by prevention programs;
(4) provide statewide educational and public informational
seminars to develop public awareness on preventing child abuse;
to encourage professional persons and groups to recognize
instances of child abuse and work to prevent them; to make
information on child abuse prevention available to the public
and to organizations and agencies; and to encourage the
development of prevention programs;
(5) establish a procedure for an annual, internal
evaluation of the functions, responsibilities, and performance
of the commissioner in carrying out Laws 1986, chapter 423. In
a year in which the state plan is prepared, the evaluation must
be coordinated with the preparation of the state plan;
(6) provide technical assistance to local councils and
agencies working in the area of child abuse prevention; and
(7) accept and review grant applications beginning June 1,
1987.
(b) The commissioner shall recommend to the governor and
the legislature changes in state programs, statutes, policies,
budgets, and standards that will reduce the problems of child
abuse, improve coordination among state agencies that provide
prevention services, and improve the condition of children,
parents, or guardians in need of prevention program services.
Sec. 10. Minnesota Statutes 1996, section 119A.26,
subdivision 2, is amended to read:
Subd. 2. [DUTIES.] (a) The assistant commissioner shall:
(1) gather, develop, and make available throughout the
state information and educational materials on preventing and
reducing violence in the family and in the community, both
directly and by serving as a clearinghouse for information and
educational materials from schools, state and local agencies,
community service providers, and local organizations;
(2) foster collaboration among schools, state and local
agencies, community service providers, and local organizations
that assist in violence intervention or prevention;
(3) assist schools, state and local agencies, service
providers, and organizations, on request, with training and
other programs designed to educate individuals about violence
and reinforce values that contribute to ending violence;
(4) after consulting with all state agencies involved in
preventing or reducing violence within the family or community,
develop a statewide strategy for preventing and reducing
violence that encompasses the efforts of those agencies and
takes into account all money available for preventing or
reducing violence from any source;
(5) submit the strategy to the governor and the legislature
by January 15 of each calendar year, along with a summary of
activities occurring during the previous year to prevent or
reduce violence experienced by children, young people, and their
families; and
(6) assist appropriate professional and occupational
organizations, including organizations of law enforcement
officers, prosecutors, and educators, in developing and
operating informational and training programs to improve the
effectiveness of activities to prevent or reduce violence within
the family or community.
(b) The assistant commissioner shall gather and make
available information on prevention and supply reduction
activities throughout the state, foster cooperation among
involved state and local agencies, and assist agencies and
public officials in training and other programs designed to
improve the effectiveness of prevention and supply reduction
activities.
(c) The assistant commissioner shall coordinate the
distribution of funds received by the state of Minnesota through
the federal Anti-Drug Abuse Act. The assistant commissioner
shall recommend to the commissioner recipients of grants under
sections 119A.30 and 299A.33, after consultation with the
chemical abuse prevention resource council.
(d) The assistant commissioner shall:
(1) after consultation with all state agencies involved in
prevention or supply reduction activities, develop a state
chemical abuse and dependency strategy encompassing the efforts
of those agencies and taking into account all money available
for prevention and supply reduction activities, from any source;
(2) submit the strategy to the governor and the legislature
by January 15 of each year, along with a summary of prevention
and supply reduction activities during the preceding calendar
year;
(3) assist appropriate professional and occupational
organizations, including organizations of law enforcement
officers, prosecutors, and educators, in developing and
operating informational and training programs to improve the
effectiveness of prevention and supply reduction activities;
(4) provide information, including information on drug
trends, and assistance to state and local agencies, both
directly and by functioning as a clearinghouse for information
from other agencies;
(5) facilitate cooperation among drug program agencies; and
(6) in coordination with the chemical abuse prevention
resource council, review, approve, and coordinate the
administration of prevention, criminal justice, and treatment
grants.
Sec. 11. Minnesota Statutes 1996, section 119B.17,
subdivision 3, is amended to read:
Subd. 3. [DUTIES AND POWERS.] The council has the
following duties and powers:
(1) develop a biennial plan for early childhood care and
education in the state;
(2) take a leadership role in developing its
recommendations in conjunction with the recommendations of other
state agencies on the state budget for early childhood care and
education;
(3) apply for and receive state money and public and
private grant money;
(4) participate in and facilitate the development of
interagency agreements on early childhood care and education
issues;
(5) review state agency policies on early childhood care
and education issues so that they do not conflict;
(6) advocate for an effective and coordinated early
childhood care and education system with state agencies and
programs;
(7) study the need for child care funding for special
populations whose needs are not being met by current programs;
(8) ensure that the early childhood care and education
system reflects community diversity; and
(9) be responsible for advocating policies and funding for
early childhood care and education; and
(10) provide a report to the legislature on January 1 of
every odd-numbered year, containing a description of the
activities and the work plan of the council and any legislative
recommendations developed by the council.
Sec. 12. Minnesota Statutes 1996, section 124A.711,
subdivision 2, is amended to read:
Subd. 2. [DETERMINATION OF AID.] The total amount of
support services aid shall be determined according to indices
for each service recommended by the commissioner of children,
families, and learning after consultations with appropriate
state agencies, educators, and other interested persons. The
commissioner shall recommend indices and aid amounts to the
legislature by February 1 of each odd-numbered year. The
indices shall reflect the need for each service based on the
economic, geographic, demographic, and other appropriate
characteristics of each district.
Sec. 13. Minnesota Statutes 1996, section 144.056, is
amended to read:
144.056 [PLAIN LANGUAGE IN WRITTEN MATERIALS.]
(a) To the extent reasonable and consistent with the goals
of providing easily understandable and readable materials and
complying with federal and state laws governing the program, all
written materials relating to determinations of eligibility for
or amounts of benefits that will be given to applicants for or
recipients of assistance under a program administered or
supervised by the commissioner of health must be understandable
to a person who reads at the seventh-grade level, using the
Flesch scale analysis readability score as determined under
section 72C.09.
(b) All written materials relating to services and
determinations of eligibility for or amounts of benefits that
will be given to applicants for or recipients of assistance
under programs administered or supervised by the commissioner of
health must be developed to satisfy the plain language
requirements of the plain language contract act under sections
325G.29 to 325G.36. Materials may be submitted to the attorney
general for review and certification. Notwithstanding section
325G.35, subdivision 1, the attorney general shall review
submitted materials to determine whether they comply with the
requirements of section 325G.31. The remedies available
pursuant to sections 8.31 and 325G.33 to 325G.36 do not apply to
these materials. Failure to comply with this section does not
provide a basis for suspending the implementation or operation
of other laws governing programs administered by the
commissioner.
(c) The requirements of this section apply to all materials
modified or developed by the commissioner on or after July 1,
1988. The requirements of this section do not apply to
materials that must be submitted to a federal agency for
approval to the extent that application of the requirements
prevents federal approval.
(d) Nothing in this section may be construed to prohibit a
lawsuit brought to require the commissioner to comply with this
section or to affect individual appeal rights under the special
supplemental food program for women, infants, and children
granted pursuant to federal regulations under the Code of
Federal Regulations, chapter 7, section 246.
(e) The commissioner shall report annually to the chairs of
the health and human services divisions of the senate finance
committee and the house of representatives appropriations
committee on the number and outcome of cases that raise the
issue of the commissioner's compliance with this section.
Sec. 14. Minnesota Statutes 1996, section 144.062, is
amended to read:
144.062 [VACCINE COST REDUCTION PROGRAM.]
The commissioner of administration, after consulting with
the commissioner of health, shall negotiate discounts or rebates
on vaccine or may purchase vaccine at reduced prices. Vaccines
may be offered for sale to medical care providers at the
department's cost plus a fee for administrative costs. As a
condition of receiving the vaccine at reduced cost, a medical
care provider must agree to pass on the savings to patients.
The commissioner of health may transfer money appropriated for
other department of health programs to the commissioner of
administration for the initial cost of purchasing vaccine,
provided the money is repaid by the end of each state fiscal
year and the commissioner of finance approves the transfer.
Proceeds from the sale of vaccines to medical care providers,
including fees collected for administrative costs, are
appropriated to the commissioner of administration. If the
commissioner of administration, in consultation with the
commissioner of health, determines that a vaccine cost reduction
program is not economically feasible or cost-effective, the
commissioner may elect not to implement the program but shall
provide a report to the legislature that explains the reasons
for the decision.
Sec. 15. Minnesota Statutes 1996, section 144.092, is
amended to read:
144.092 [COORDINATED NUTRITION DATA COLLECTION.]
The commissioner of health may develop and coordinate a
reporting system to improve the state's ability to document
inadequate nutrient and food intake of Minnesota's children and
adults and to identify problems and determine the most
appropriate strategies for improving inadequate nutritional
status. The board on aging may develop a method to evaluate the
nutritional status and requirements of the elderly in
Minnesota. The commissioner of health and the board on aging
may report to the legislature on each July 1, beginning in 1988,
on the results of their investigation and their recommendations
on the nutritional needs of Minnesotans.
Sec. 16. Minnesota Statutes 1996, section 144A.33,
subdivision 5, is amended to read:
Subd. 5. [REPORT; EVALUATION.] Each year the Minnesota
board on aging shall evaluate the programs and funding sources
established under this section and report to the legislature by
February 1 of each year concerning the programs established and
the effectiveness of the programs.
Sec. 17. Minnesota Statutes 1996, section 144A.53,
subdivision 1, is amended to read:
Subdivision 1. [POWERS.] The director may:
(a) Promulgate by rule, pursuant to chapter 14, and within
the limits set forth in subdivision 2, the methods by which
complaints against health facilities, health care providers,
home care providers, or residential care homes, or
administrative agencies are to be made, reviewed, investigated,
and acted upon; provided, however, that a fee may not be charged
for filing a complaint.
(b) Recommend legislation and changes in rules to the state
commissioner of health, legislature, governor, administrative
agencies or the federal government.
(c) Investigate, upon a complaint or upon initiative of the
director, any action or failure to act by a health care
provider, home care provider, residential care home, or a health
facility.
(d) Request and receive access to relevant information,
records, incident reports, or documents in the possession of an
administrative agency, a health care provider, a home care
provider, a residential care home, or a health facility, and
issue investigative subpoenas to individuals and facilities for
oral information and written information, including privileged
information which the director deems necessary for the discharge
of responsibilities. For purposes of investigation and securing
information to determine violations, the director need not
present a release, waiver, or consent of an individual. The
identities of patients or residents must be kept private as
defined by section 13.02, subdivision 12.
(e) Enter and inspect, at any time, a health facility or
residential care home and be permitted to interview staff;
provided that the director shall not unduly interfere with or
disturb the provision of care and services within the facility
or home or the activities of a patient or resident unless the
patient or resident consents.
(f) Issue correction orders and assess civil fines pursuant
to section 144.653 or any other law which provides for the
issuance of correction orders to health facilities or home care
provider, or under section 144A.45. A facility's or home's
refusal to cooperate in providing lawfully requested information
may also be grounds for a correction order.
(g) Recommend the certification or decertification of
health facilities pursuant to Title XVIII or XIX of the United
States Social Security Act.
(h) Assist patients or residents of health facilities or
residential care homes in the enforcement of their rights under
Minnesota law.
(i) Work with administrative agencies, health facilities,
home care providers, residential care homes, and health care
providers and organizations representing consumers on programs
designed to provide information about health facilities to the
public and to health facility residents.
Sec. 18. Minnesota Statutes 1996, section 144A.54,
subdivision 1, is amended to read:
Subdivision 1. [DIRECTOR; DUTIES.] Except as otherwise
provided by this section, the director may determine the form,
frequency, and distribution of the conclusions and
recommendations. The director shall transmit the conclusions
and recommendations to the state commissioner of health and the
legislature. Before announcing a conclusion or recommendation
that expressly or by implication criticizes an administrative
agency, a health care provider, a home care provider, a
residential care home, or a health facility, the director shall
consult with that agency, health care provider, home care
provider, home, or facility. When publishing an opinion adverse
to an administrative agency, a health care provider, a home care
provider, a residential care home, or a health facility, the
director shall include in the publication any statement of
reasonable length made to the director by that agency, health
care provider, home care provider, residential care home, or
health facility in defense or explanation of the action.
Sec. 19. Minnesota Statutes 1996, section 144A.54,
subdivision 2, is amended to read:
Subd. 2. [ANNUAL REPORT.] In addition to whatever other
reports the director may make, the director shall, at the end of
each year, report to the state commissioner of health and the
legislature concerning the exercise of the director's functions
during the preceding year. The state commissioner of health
may, at any time, request and receive information, other than
resident records, from the director.
Sec. 20. Minnesota Statutes 1996, section 145.894, is
amended to read:
145.894 [STATE COMMISSIONER OF HEALTH; DUTIES,
RESPONSIBILITIES.]
The commissioner of health shall:
(a) develop a comprehensive state plan for the delivery of
nutritional supplements to pregnant and lactating women,
infants, and children;
(b) contract with existing local public or private
nonprofit organizations for the administration of the
nutritional supplement program;
(c) develop and implement a public education program
promoting the provisions of sections 145.891 to 145.897, and
provide for the delivery of individual and family nutrition
education and counseling at project sites. The education
programs must include a campaign to promote breast feeding;
(d) develop in cooperation with other agencies and vendors
a uniform state voucher system for the delivery of nutritional
supplements;
(e) authorize local health agencies to issue vouchers
bimonthly to some or all eligible individuals served by the
agency, provided the agency demonstrates that the federal
minimum requirements for providing nutrition education will
continue to be met and that the quality of nutrition education
and health services provided by the agency will not be adversely
impacted;
(f) investigate and implement a system to reduce the cost
of nutritional supplements and maintain ongoing negotiations
with nonparticipating manufacturers and suppliers to maximize
cost savings;
(g) develop, analyze, and evaluate the health aspects of
the nutritional supplement program and establish nutritional
guidelines for the program;
(h) apply for, administer, and annually expend at least 99
percent of available federal or private funds;
(i) aggressively market services to eligible individuals by
conducting ongoing outreach activities and by coordinating with
and providing marketing materials and technical assistance to
local human services and community service agencies and
nonprofit service providers;
(j) determine, on July 1 of each year, the number of
pregnant women participating in each special supplemental food
program for women, infants, and children (W.I.C.) and, in 1986,
1987, and 1988, at the commissioner's discretion, designate a
different food program deliverer if the current deliverer fails
to increase the participation of pregnant women in the program
by at least ten percent over the previous year's participation
rate;
(k) promulgate all rules necessary to carry out the
provisions of sections 145.891 to 145.897; and
(l) report to the legislature by November 15 of every year
on the expenditures and activities under sections 145.891 to
145.897 of the state and local health agencies for the preceding
fiscal year; and
(m) ensure that any state appropriation to supplement the
federal program is spent consistent with federal requirements.
Sec. 21. Minnesota Statutes 1996, section 152.02,
subdivision 13, is amended to read:
Subd. 13. Annually, the state board of pharmacy shall
study the implementation of this chapter in relation to the
problems of drug abuse in Minnesota and shall report to the
legislature annually on or before December 1, their
recommendations concerning amendments to this chapter.
Sec. 22. Minnesota Statutes 1996, section 152.21,
subdivision 3, is amended to read:
Subd. 3. [RESEARCH GRANT.] The commissioner of health
shall grant funds to the principal investigator selected by the
commissioner pursuant to subdivision 4 for the purpose of
conducting a research program under a protocol approved by the
FDA regarding the therapeutic use of oral THC and other dosage
forms, if available, according to the guidelines and
requirements of the federal food and drug administration, the
drug enforcement administration and the national institute on
drug abuse. The commissioner shall ensure that the research
principal investigator complies with the requirements of
subdivision 5. The commissioner may designate the principal
investigator as the sponsor.
The commissioner shall report to the legislature on January
1 of each odd-numbered year on the number of oncologists and
patients involved in the program and the results available at
that date regarding the effects of therapeutic use of THC on
patients involved in the program. The commissioner shall also
report on the current status of THC under the federal Food, Drug
and Cosmetic Act and the federal Controlled Substances Act.
Sec. 23. Minnesota Statutes 1996, section 161.10, is
amended to read:
161.10 [INVESTIGATIONS, RECOMMENDATIONS, REPORTS.]
When practicable the commissioner shall investigate and
determine the location of road material in the state, ascertain
the most approved methods of construction and improvement of
roads, investigate the most approved laws in relation to roads
in other states and hold public meetings throughout the state
when deemed advisable. On or before November 15 on each
even-numbered year the commissioner shall make a printed report
to the governor and the legislature stating the condition,
management, and financial transactions of the transportation
department, including a statement of the expense incurred in
maintaining such department; the number of miles of roads built
or improved during the preceding two fiscal years and their
cost; the general character and location of material suitable
for road construction; the general character and needs of the
roads of the state; the name, location, size, and description of
each state trail, state water access site, and state rest area
established by the commissioner since the last report; and
recommend such legislation as the commissioner deems advisable.
The report shall be transmitted by the governor to the
legislature.
Sec. 24. Minnesota Statutes 1996, section 161.1419,
subdivision 7, is amended to read:
Subd. 7. [REPORT TO LEGISLATURE PROGRAM REVIEW.] The
commission may review the programs of the various interstate
compacts, studies, planning groups and commissions involved in
water and land use activities along the Mississippi river in
Minnesota and report to the legislature biennially any
duplication of programs and funding as well as its
recommendations for new legislation.
Sec. 25. Minnesota Statutes 1996, section 192.551, is
amended to read:
192.551 [ARMY REGULATIONS TO APPLY.]
All money and property received from any source for the
military forces shall be kept, disbursed, and accounted for as
prescribed by army regulations, where applicable, otherwise as
prescribed by state rules. All such accounts shall be examined
and audited at least once annually by officers of the military
forces detailed by the adjutant general as military auditors.
The adjutant general shall file a copy of the report of every
such examination with the legislative auditor. This shall not
preclude other examinations of such accounts by the legislative
auditor as authorized by law. The legislative auditor may
appoint any military auditor as an assistant examiner, with all
the powers incident thereto, in connection with the examination
of such accounts. The provisions of the state civil service act
shall not be applicable to such appointments.
Sec. 26. Minnesota Statutes 1996, section 197.133, is
amended to read:
197.133 [DISPOSAL OF PROPERTY AND EXPIRATION OF THE BOARD
OF GOVERNORS.]
If a majority of the board determines that the disposal of
the camp or a portion of the camp is in the best interests of
Minnesota veterans, or if the camp is not used solely as a camp
for and by disabled and other veterans and their families and
operated and maintained in compliance with all state, federal,
and local laws, the board may dispose of the property at market
value as provided in this section. Before disposing of the
property, the board shall give notice by certified mail to the
commissioner of veterans affairs of its decision to dispose of
the property. The commissioner shall publish the notice in the
State Register. Interested governmental agencies have until the
end of the next legislative session after the notice to
appropriate money to purchase the property.
Proceeds realized from the disposal of the property and any
assets on hand at the time of the disposal of the property, must
be placed in an irrevocable trust to be used for the initiation
or maintenance of veterans programs in the state of Minnesota.
Trustees must be appointed in the same manner as provided for
under section 197.131. The trustees shall consult with the
commissioner of veterans affairs to determine the needs of
Minnesota veterans and provide the commissioner and the
committee on general legislation and veterans affairs of the
house of representatives and the committee on veterans and
general legislation in the senate with an annual written report
on the trust. The commissioner must approve all expenditures
from the trust. A certified audit of all assets, expenditures,
and property must be conducted prior to any disposition of any
assets under the control of the board. Any board member who
would benefit directly or indirectly financially from the sale
of this property must be removed by the board and a successor
appointed as provided by section 197.131. Upon final
disposition of all assets to the trust, the board must disband.
Should the assets of the trust be exhausted, the trust must be
terminated.
Sec. 27. Minnesota Statutes 1996, section 214.07,
subdivision 1, is amended to read:
Subdivision 1. [BOARD REPORTS.] The health-related
licensing boards and the non-health-related licensing boards
shall prepare reports according to this subdivision and
subdivision 1a 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. Copies of
the reports of the health-related licensing boards shall also be
delivered to the commissioner of health. The reports shall
contain the following information relating to the two-year
period ending the previous June 30:
(a) a general statement of board activities;
(b) the number of meetings and approximate total number of
hours spent by all board members in meetings and on other board
activities;
(c) the receipts and disbursements of board funds;
(d) the names of board members and their addresses,
occupations, and dates of appointment and reappointment to the
board;
(e) the names and job classifications of board employees;
(f) a brief summary of board rules proposed or adopted
during the reporting period with appropriate citations to the
State Register and published rules;
(g) the number of persons having each type of license and
registration issued by the board as of June 30 in the year of
the report;
(h) the locations and dates of the administration of
examinations by the board;
(i) the number of persons examined by the board with the
persons subdivided into groups showing age categories, sex, and
states of residency;
(j) the number of persons licensed or registered by the
board after taking the examinations referred to in clause (h)
with the persons subdivided by age categories, sex, and states
of residency;
(k) the number of persons not licensed or registered by the
board after taking the examinations referred to in clause (h)
with the persons subdivided by age categories, sex, and states
of residency;
(l) the number of persons not taking the examinations
referred to in clause (h) who were licensed or registered by the
board or who were denied licensing or registration with the
reasons for the licensing or registration or denial thereof and
with the persons subdivided by age categories, sex, and states
of residency;
(m) the number of persons previously licensed or registered
by the board whose licenses or registrations were revoked,
suspended, or otherwise altered in status with brief statements
of the reasons for the revocation, suspension or alteration;
(n) the number of written and oral complaints and other
communications received by the executive director or executive
secretary of the board, a board member, or any other person
performing services for the board (1) which allege or imply a
violation of a statute or rule which the board is empowered to
enforce and (2) which are forwarded to other agencies as
required by section 214.10;
(o) a summary, by specific category, of the substance of
the complaints and communications referred to in clause (n) and,
for each specific category, the responses or dispositions
thereof pursuant to section 214.10 or 214.11;
(p) any other objective information which the board members
believe will be useful in reviewing board activities.
Sec. 28. Minnesota Statutes 1996, section 214.13,
subdivision 5, is amended to read:
Subd. 5. [RECOMMENDATION ON REGULATION; APPLICATION
RENEWAL.] The commissioner of health shall exercise care to
prevent the proliferation of unessential registered human
services occupations. If In evaluating a currently unregistered
occupation the commissioner determines may determine that
registration of the occupation is not appropriate, but that
implementation of another mode as set forth in section 214.001,
subdivision 3, is appropriate the commissioner shall promptly so
report to the legislature. For a period of two years after a
determination by the commissioner as to the appropriate
regulatory mode, if any, for an occupational applicant group,
the same or substantially equivalent group may not submit a
letter of intent to enter the credentialing process, unless
invited to do so by the commissioner.
Sec. 29. Minnesota Statutes 1996, section 237.70,
subdivision 7, is amended to read:
Subd. 7. [ADMINISTRATION.] The telephone assistance plan
must be administered jointly by the commission, the department
of human services, and the telephone companies in accordance
with the following guidelines:
(a) The commission and the department of human services
shall develop an application form that must be completed by the
subscriber for the purpose of certifying eligibility for
telephone assistance plan credits to the department of human
services. The application must contain the applicant's social
security number. Applicants who refuse to provide a social
security number will be denied telephone assistance plan
credits. The application form must include provisions for the
applicant to show the name of the applicant's telephone
company. The application must also advise the applicant to
submit the required proof of age or disability, and income and
must provide examples of acceptable proof. The application must
state that failure to submit proof with the application will
result in the applicant being found ineligible. Each telephone
company shall annually mail a notice of the availability of the
telephone assistance plan to each residential subscriber in a
regular billing and shall mail the application form to customers
when requested.
The notice must state the following:
YOU MAY BE ELIGIBLE FOR ASSISTANCE IN PAYING YOUR TELEPHONE
BILL IF YOU ARE 65 YEARS OF AGE OR OLDER OR ARE DISABLED AND IF
YOU MEET CERTAIN HOUSEHOLD INCOME LIMITS. FOR MORE INFORMATION
OR AN APPLICATION FORM PLEASE CONTACT .........
(b) The department of human services shall determine the
eligibility for telephone assistance plan credits at least
annually according to the criteria contained in subdivision 4a.
(c) An application may be made by the subscriber, the
subscriber's spouse, or a person authorized by the subscriber to
act on the subscriber's behalf. On completing the application
certifying that the statutory criteria for eligibility are
satisfied, the applicant must return the application to an
office of the department of human services specially designated
to process telephone assistance plan applications. On receiving
a completed application from an applicant, the department of
human services shall determine the applicant's eligibility or
ineligibility within 120 days. If the department fails to do
so, it shall within three working days provide written notice to
the applicant's telephone company that the company shall provide
telephone assistance plan credits against monthly charges in the
earliest possible month following receipt of the written
notice. The applicant must receive telephone assistance plan
credits until the earliest possible month following the
company's receipt of notice from the department that the
applicant is ineligible.
If the department of human services determines that an
applicant is not eligible to receive telephone assistance plan
credits, it shall notify the applicant within ten working days
of that determination.
Within ten working days of determining that an applicant is
eligible to receive telephone assistance plan credits, the
department of human services shall provide written notification
to the telephone company that serves the applicant. The notice
must include the applicant's name, address, and telephone number.
Each telephone company shall provide telephone assistance
plan credits against monthly charges in the earliest possible
month following receipt of notice from the department of human
services.
By December 31 of each year, the department of human
services shall redetermine eligibility of each person receiving
telephone assistance plan credits, as required in paragraph (b).
The department of human services shall submit an annual report
to the legislature and the commission by January 15 of each year
showing that the department has determined the eligibility for
telephone assistance plan credits of each person receiving the
credits or explaining why the determination has not been made
and showing how and when the determination will be completed.
If the department of human services determines that a
current recipient of telephone assistance plan credits is not
eligible to receive the credits, it shall notify, in writing,
the recipient within ten working days and the telephone company
serving the recipient within 20 working days of the
determination. The notice must include the recipient's name,
address, and telephone number.
Each telephone company shall remove telephone assistance
plan credits against monthly charges in the earliest possible
month following receipt of notice from the department of human
services.
Each telephone company that disconnects a subscriber
receiving the telephone assistance plan credit shall report the
disconnection to the department of human services. The reports
must be submitted monthly, identifying the subscribers
disconnected. Telephone companies that do not disconnect a
subscriber receiving the telephone assistance plan credit are
not required to report.
If the telephone assistance plan credit is not itemized on
the subscriber's monthly charges bill for local telephone
service, the telephone company must notify the subscriber of the
approval for the telephone assistance plan credit.
(d) The commission shall serve as the coordinator of the
telephone assistance plan and be reimbursed for its
administrative expenses from the surcharge revenue pool. As the
coordinator, the commission shall:
(1) establish a uniform statewide surcharge in accordance
with subdivision 6;
(2) establish a uniform statewide level of telephone
assistance plan credit that each telephone company shall extend
to each eligible household in its service area;
(3) require each telephone company to account to the
commission on a periodic basis for surcharge revenues collected
by the company, expenses incurred by the company, not to include
expenses of collecting surcharges, and credits extended by the
company under the telephone assistance plan;
(4) require each telephone company to remit surcharge
revenues to the department of administration for deposit in the
fund; and
(5) remit to each telephone company from the surcharge
revenue pool the amount necessary to compensate the company for
expenses, not including expenses of collecting the surcharges,
and telephone assistance plan credits. When it appears that the
revenue generated by the maximum surcharge permitted under
subdivision 6 will be inadequate to fund any particular
established level of telephone assistance plan credits, the
commission shall reduce the credits to a level that can be
adequately funded by the maximum surcharge. Similarly, the
commission may increase the level of the telephone assistance
plan credit that is available or reduce the surcharge to a level
and for a period of time that will prevent an unreasonable
overcollection of surcharge revenues.
(e) Each telephone company shall maintain adequate records
of surcharge revenues, expenses, and credits related to the
telephone assistance plan and shall, as part of its annual
report or separately, provide the commission and the department
of public service with a financial report of its experience
under the telephone assistance plan for the previous year. That
report must also be adequate to satisfy the reporting
requirements of the federal matching plan.
(f) The department of public service shall investigate
complaints against telephone companies with regard to the
telephone assistance plan and shall report the results of its
investigation to the commission.
Sec. 30. Minnesota Statutes 1996, section 241.01,
subdivision 3a, is amended to read:
Subd. 3a. [COMMISSIONER, POWERS AND DUTIES.] The
commissioner of corrections has the following powers and duties:
(a) To accept persons committed to the commissioner by the
courts of this state for care, custody, and rehabilitation.
(b) To determine the place of confinement of committed
persons in a correctional facility or other facility of the
department of corrections and to prescribe reasonable conditions
and rules for their employment, conduct, instruction, and
discipline within or outside the facility. Inmates shall not
exercise custodial functions or have authority over other
inmates. Inmates may serve on the board of directors or hold an
executive position subordinate to correctional staff in any
corporation, private industry or educational program located on
the grounds of, or conducted within, a state correctional
facility with written permission from the chief executive
officer of the facility.
(c) To administer the money and property of the department.
(d) To administer, maintain, and inspect all state
correctional facilities.
(e) To transfer authorized positions and personnel between
state correctional facilities as necessary to properly staff
facilities and programs.
(f) To utilize state correctional facilities in the manner
deemed to be most efficient and beneficial to accomplish the
purposes of this section, but not to close the Minnesota
correctional facility-Stillwater or the Minnesota correctional
facility-St. Cloud without legislative approval. The
commissioner may place juveniles and adults at the same state
minimum security correctional facilities, if there is total
separation of and no regular contact between juveniles and
adults, except contact incidental to admission, classification,
and mental and physical health care.
(g) To organize the department and employ personnel the
commissioner deems necessary to discharge the functions of the
department, including a chief executive officer for each
facility under the commissioner's control who shall serve in the
unclassified civil service and may, under the provisions of
section 43A.33, be removed only for cause, and two internal
affairs officers for security.
(h) To define the duties of these employees and to delegate
to them any of the commissioner's powers, duties and
responsibilities, subject to the commissioner's control and the
conditions the commissioner prescribes.
(i) To annually develop a comprehensive set of goals and
objectives designed to clearly establish the priorities of the
department of corrections. This report shall be submitted to
the governor and the state legislature commencing January 1,
1976. The commissioner may establish ad hoc advisory committees.
Sec. 31. Minnesota Statutes 1996, section 244.09,
subdivision 7, is amended to read:
Subd. 7. After the implementation of the sentencing
guidelines promulgated by the commission, the commission shall
study the their impact of the sentencing guidelines promulgated
by the commission after their implementation. The commission
shall also, after implementation of the guidelines, review the
powers and duties of the commissioner of corrections and make
recommendations to the legislature on the appropriate role, if
any, of the board under the guidelines and review the powers and
duties of the commissioner of corrections.
Sec. 32. Minnesota Statutes 1996, section 244.13,
subdivision 3, is amended to read:
Subd. 3. [EVALUATION.] The commissioner shall develop a
system for gathering and analyzing information concerning the
value and effectiveness of the intensive community supervision
and intensive supervised release programs and shall compile a
report to the chairs of the committees in the senate and house
of representatives with jurisdiction over criminal justice
policy by January 1 of each odd-numbered year.
Sec. 33. Minnesota Statutes 1996, section 245.697,
subdivision 2, is amended to read:
Subd. 2. [DUTIES.] The state advisory council on mental
health shall:
(1) advise the governor, the legislature, and heads of
state departments and agencies about policy, programs, and
services affecting people with mental illness;
(2) advise the commissioner of human services on all phases
of the development of mental health aspects of the biennial
budget;
(3) advise the governor and the legislature about the
development of innovative mechanisms for providing and financing
services to people with mental illness;
(4) encourage state departments and other agencies to
conduct needed research in the field of mental health;
(5) review recommendations of the subcommittee on
children's mental health;
(6) educate the public about mental illness and the needs
and potential of people with mental illness;
(7) review and comment on all grants dealing with mental
health and on the development and implementation of state and
local mental health plans; and
(8) coordinate the work of local children's and adult
mental health advisory councils and subcommittees.
Sec. 34. Minnesota Statutes 1996, section 245.697,
subdivision 3, is amended to read:
Subd. 3. [REPORTS.] The state advisory council on mental
health shall report from time to time on its activities to the
governor, the legislature, and the commissioners of health,
economic security, and human services. It shall file a formal
report with the governor not later than October 15 of each
even-numbered year so that the information contained in the
report, including recommendations, can be included in the
governor's budget message to the legislature. It shall also
report to the legislature not later than November 15 of each
even-numbered year.
Sec. 35. Minnesota Statutes 1996, section 246.06, is
amended to read:
246.06 [REPORTS.]
On or before November 15 in each even-numbered year, the
commissioner of human services shall make a report to the
governor and legislature covering the biennial period ending
June 30th preceding, therein giving observations and conclusions
respecting each institution under control of the commissioner.
This report shall contain the reports of the executive officers
of the institutions, a statement of the visitations thereto, and
when and by whom made, the name and salary of every employee of
the commissioner, and of every officer and employee of the
several institutions. Such report shall be published under the
direction of the commissioner of administration and paid for out
of the appropriation for public printing. The commissioner of
human services shall make such other reports to the governor as
the commissioner may from time to time require, or as the
commissioner may deem necessary, relating to the condition and
wants of the several institutions.
Sec. 36. Minnesota Statutes 1996, section 246.64,
subdivision 3, is amended to read:
Subd. 3. [RESPONSIBILITIES OF COMMISSIONER.] The
commissioner shall credit all receipts from billings for rates
set in subdivision 1, except those credited according to
subdivision 2, to the chemical dependency fund. This money must
not be used for a regional treatment center activity that is not
a chemical dependency service or an allocation of expenditures
that are included in the base for computation of the rates under
subdivision 1. The commissioner may expand chemical dependency
services so long as expenditures are recovered by patient fees,
transfer of funds, or supplementary appropriations. The
commissioner may expand or reduce chemical dependency staff
complement as long as expenditures are recovered by patient
fees, transfer of funds, or supplementary appropriations.
Notwithstanding chapters 176 and 268, the commissioner shall
provide for the self-insurance of regional treatment center
chemical dependency programs for the costs of reemployment
insurance and workers' compensation claims. The commissioner
shall provide a biennial report to the chairs of the senate
division on health care and family services, the house of
representatives division on health and housing finance, and the
senate health care committee and house of representatives health
and human services committee.
Sec. 37. Minnesota Statutes 1996, section 252.035, is
amended to read:
252.035 [REGIONAL TREATMENT CENTER CATCHMENT AREAS.]
The commissioner may administratively designate catchment
areas for regional treatment centers and state nursing homes.
Catchment areas may vary by client group served. Catchment
areas in effect on January 1, 1989, may not be modified until
the commissioner has consulted with the regional planning
committees of the affected regional treatment centers and with
the chairs of the senate health and human services finance
division and the house of representatives health and human
services appropriation division.
Sec. 38. Minnesota Statutes 1996, section 252.291,
subdivision 3, is amended to read:
Subd. 3. [DUTIES OF COMMISSIONER OF HUMAN SERVICES.] The
commissioner shall:
(a) establish standard admission criteria for state
hospitals and county utilization targets to limit and reduce the
number of intermediate care beds in state hospitals and
community facilities in accordance with approved waivers under
United States Code, title 42, sections 1396 to 1396p, as amended
through December 31, 1987, to assure that appropriate services
are provided in the least restrictive setting;
(b) define services, including respite care, that may be
needed in meeting individual service plan objectives;
(c) provide technical assistance so that county boards may
establish a request for proposal system for meeting individual
service plan objectives through home and community-based
services; alternative community services; or, if no other
alternative will meet the needs of identifiable individuals for
whom the county is financially responsible, a new intermediate
care facility for persons with mental retardation or related
conditions;
(d) establish a client tracking and evaluation system as
required under applicable federal waiver regulations, Code of
Federal Regulations, title 42, sections 431, 435, 440, and 441,
as amended through December 31, 1987; and
(e) develop a state plan for the delivery and funding of
residential day and support services to persons with mental
retardation or related conditions in Minnesota and submit that
plan to the clerk of each house of the Minnesota legislature on
or before the 15th of January of each biennium beginning January
15, 1985. The biennial mental retardation plan shall include
but not be limited to:
(1) county by county maximum intermediate care bed
utilization quotas;
(2) plans for the development of the number and types of
services alternative to intermediate care beds;
(3) procedures for the administration and management of the
plan;
(4) procedures for the evaluation of the implementation of
the plan; and
(5) the number, type, and location of intermediate care
beds targeted for decertification.
The commissioner shall modify the plan to ensure
conformance with the medical assistance home and community-based
services waiver.
Sec. 39. Minnesota Statutes 1996, section 254A.16,
subdivision 2, is amended to read:
Subd. 2. (a) The commissioner shall provide program and
service guidelines and technical assistance to the county boards
in carrying out services authorized under sections 254A.08,
254A.12, 254A.14, and their responsibilities under chapter 256E.
(b) The commissioner shall recommend to the governor and to
the legislature means of improving the efficiency and
effectiveness of comprehensive program services in the state and
maximizing the use of nongovernmental funds for providing
comprehensive programs.
Sec. 40. Minnesota Statutes 1996, section 256.01,
subdivision 2, is amended to read:
Subd. 2. [SPECIFIC POWERS.] Subject to the provisions of
section 241.021, subdivision 2, the commissioner of human
services shall:
(1) Administer and supervise all forms of public assistance
provided for by state law and other welfare activities or
services as are vested in the commissioner. Administration and
supervision of human services activities or services includes,
but is not limited to, assuring timely and accurate distribution
of benefits, completeness of service, and quality program
management. In addition to administering and supervising human
services activities vested by law in the department, the
commissioner shall have the authority to:
(a) require county agency participation in training and
technical assistance programs to promote compliance with
statutes, rules, federal laws, regulations, and policies
governing human services;
(b) monitor, on an ongoing basis, the performance of county
agencies in the operation and administration of human services,
enforce compliance with statutes, rules, federal laws,
regulations, and policies governing welfare services and promote
excellence of administration and program operation;
(c) develop a quality control program or other monitoring
program to review county performance and accuracy of benefit
determinations;
(d) require county agencies to make an adjustment to the
public assistance benefits issued to any individual consistent
with federal law and regulation and state law and rule and to
issue or recover benefits as appropriate;
(e) delay or deny payment of all or part of the state and
federal share of benefits and administrative reimbursement
according to the procedures set forth in section 256.017; and
(f) make contracts with and grants to public and private
agencies and organizations, both profit and nonprofit, and
individuals, using appropriated funds.
(2) Inform county agencies, on a timely basis, of changes
in statute, rule, federal law, regulation, and policy necessary
to county agency administration of the programs.
(3) Administer and supervise all child welfare activities;
promote the enforcement of laws protecting handicapped,
dependent, neglected and delinquent children, and children born
to mothers who were not married to the children's fathers at the
times of the conception nor at the births of the children;
license and supervise child-caring and child-placing agencies
and institutions; supervise the care of children in boarding and
foster homes or in private institutions; and generally perform
all functions relating to the field of child welfare now vested
in the state board of control.
(4) Administer and supervise all noninstitutional service
to handicapped persons, including those who are visually
impaired, hearing impaired, or physically impaired or otherwise
handicapped. The commissioner may provide and contract for the
care and treatment of qualified indigent children in facilities
other than those located and available at state hospitals when
it is not feasible to provide the service in state hospitals.
(5) Assist and actively cooperate with other departments,
agencies and institutions, local, state, and federal, by
performing services in conformity with the purposes of Laws
1939, chapter 431.
(6) Act as the agent of and cooperate with the federal
government in matters of mutual concern relative to and in
conformity with the provisions of Laws 1939, chapter 431,
including the administration of any federal funds granted to the
state to aid in the performance of any functions of the
commissioner as specified in Laws 1939, chapter 431, and
including the promulgation of rules making uniformly available
medical care benefits to all recipients of public assistance, at
such times as the federal government increases its participation
in assistance expenditures for medical care to recipients of
public assistance, the cost thereof to be borne in the same
proportion as are grants of aid to said recipients.
(7) Establish and maintain any administrative units
reasonably necessary for the performance of administrative
functions common to all divisions of the department.
(8) Act as designated guardian of both the estate and the
person of all the wards of the state of Minnesota, whether by
operation of law or by an order of court, without any further
act or proceeding whatever, except as to persons committed as
mentally retarded.
(9) Act as coordinating referral and informational center
on requests for service for newly arrived immigrants coming to
Minnesota.
(10) The specific enumeration of powers and duties as
hereinabove set forth shall in no way be construed to be a
limitation upon the general transfer of powers herein contained.
(11) Establish county, regional, or statewide schedules of
maximum fees and charges which may be paid by county agencies
for medical, dental, surgical, hospital, nursing and nursing
home care and medicine and medical supplies under all programs
of medical care provided by the state and for congregate living
care under the income maintenance programs.
(12) Have the authority to conduct and administer
experimental projects to test methods and procedures of
administering assistance and services to recipients or potential
recipients of public welfare. To carry out such experimental
projects, it is further provided that the commissioner of human
services is authorized to waive the enforcement of existing
specific statutory program requirements, rules, and standards in
one or more counties. The order establishing the waiver shall
provide alternative methods and procedures of administration,
shall not be in conflict with the basic purposes, coverage, or
benefits provided by law, and in no event shall the duration of
a project exceed four years. It is further provided that no
order establishing an experimental project as authorized by the
provisions of this section shall become effective until the
following conditions have been met:
(a) The proposed comprehensive plan, including estimated
project costs and the proposed order establishing the waiver,
shall be filed with the secretary of the senate and chief clerk
of the house of representatives at least 60 days prior to its
effective date.
(b) The secretary of health, education, and welfare of the
United States has agreed, for the same project, to waive state
plan requirements relative to statewide uniformity.
(c) (b) A comprehensive plan, including estimated project
costs, shall be approved by the legislative advisory commission
and filed with the commissioner of administration.
(13) In accordance with federal requirements, establish
procedures to be followed by local welfare boards in creating
citizen advisory committees, including procedures for selection
of committee members.
(14) Allocate federal fiscal disallowances or sanctions
which are based on quality control error rates for the aid to
families with dependent children, medical assistance, or food
stamp program in the following manner:
(a) One-half of the total amount of the disallowance shall
be borne by the county boards responsible for administering the
programs. For the medical assistance and AFDC programs,
disallowances shall be shared by each county board in the same
proportion as that county's expenditures for the sanctioned
program are to the total of all counties' expenditures for the
AFDC and medical assistance programs. For the food stamp
program, sanctions shall be shared by each county board, with 50
percent of the sanction being distributed to each county in the
same proportion as that county's administrative costs for food
stamps are to the total of all food stamp administrative costs
for all counties, and 50 percent of the sanctions being
distributed to each county in the same proportion as that
county's value of food stamp benefits issued are to the total of
all benefits issued for all counties. Each county shall pay its
share of the disallowance to the state of Minnesota. When a
county fails to pay the amount due hereunder, the commissioner
may deduct the amount from reimbursement otherwise due the
county, or the attorney general, upon the request of the
commissioner, may institute civil action to recover the amount
due.
(b) Notwithstanding the provisions of paragraph (a), if the
disallowance results from knowing noncompliance by one or more
counties with a specific program instruction, and that knowing
noncompliance is a matter of official county board record, the
commissioner may require payment or recover from the county or
counties, in the manner prescribed in paragraph (a), an amount
equal to the portion of the total disallowance which resulted
from the noncompliance, and may distribute the balance of the
disallowance according to paragraph (a).
(15) Develop and implement special projects that maximize
reimbursements and result in the recovery of money to the
state. For the purpose of recovering state money, the
commissioner may enter into contracts with third parties. Any
recoveries that result from projects or contracts entered into
under this paragraph shall be deposited in the state treasury
and credited to a special account until the balance in the
account reaches $1,000,000. When the balance in the account
exceeds $1,000,000, the excess shall be transferred and credited
to the general fund. All money in the account is appropriated
to the commissioner for the purposes of this paragraph.
(16) Have the authority to make direct payments to
facilities providing shelter to women and their children
pursuant to section 256D.05, subdivision 3. Upon the written
request of a shelter facility that has been denied payments
under section 256D.05, subdivision 3, the commissioner shall
review all relevant evidence and make a determination within 30
days of the request for review regarding issuance of direct
payments to the shelter facility. Failure to act within 30 days
shall be considered a determination not to issue direct payments.
(17) Have the authority to establish and enforce the
following county reporting requirements:
(a) The commissioner shall establish fiscal and statistical
reporting requirements necessary to account for the expenditure
of funds allocated to counties for human services programs.
When establishing financial and statistical reporting
requirements, the commissioner shall evaluate all reports, in
consultation with the counties, to determine if the reports can
be simplified or the number of reports can be reduced.
(b) The county board shall submit monthly or quarterly
reports to the department as required by the commissioner.
Monthly reports are due no later than 15 working days after the
end of the month. Quarterly reports are due no later than 30
calendar days after the end of the quarter, unless the
commissioner determines that the deadline must be shortened to
20 calendar days to avoid jeopardizing compliance with federal
deadlines or risking a loss of federal funding. Only reports
that are complete, legible, and in the required format shall be
accepted by the commissioner.
(c) If the required reports are not received by the
deadlines established in clause (b), the commissioner may delay
payments and withhold funds from the county board until the next
reporting period. When the report is needed to account for the
use of federal funds and the late report results in a reduction
in federal funding, the commissioner shall withhold from the
county boards with late reports an amount equal to the reduction
in federal funding until full federal funding is received.
(d) A county board that submits reports that are late,
illegible, incomplete, or not in the required format for two out
of three consecutive reporting periods is considered
noncompliant. When a county board is found to be noncompliant,
the commissioner shall notify the county board of the reason the
county board is considered noncompliant and request that the
county board develop a corrective action plan stating how the
county board plans to correct the problem. The corrective
action plan must be submitted to the commissioner within 45 days
after the date the county board received notice of noncompliance.
(e) The final deadline for fiscal reports or amendments to
fiscal reports is one year after the date the report was
originally due. If the commissioner does not receive a report
by the final deadline, the county board forfeits the funding
associated with the report for that reporting period and the
county board must repay any funds associated with the report
received for that reporting period.
(f) The commissioner may not delay payments, withhold
funds, or require repayment under paragraph (c) or (e) if the
county demonstrates that the commissioner failed to provide
appropriate forms, guidelines, and technical assistance to
enable the county to comply with the requirements. If the
county board disagrees with an action taken by the commissioner
under paragraph (c) or (e), the county board may appeal the
action according to sections 14.57 to 14.69.
(g) Counties subject to withholding of funds under
paragraph (c) or forfeiture or repayment of funds under
paragraph (e) shall not reduce or withhold benefits or services
to clients to cover costs incurred due to actions taken by the
commissioner under paragraph (c) or (e).
(18) Allocate federal fiscal disallowances or sanctions for
audit exceptions when federal fiscal disallowances or sanctions
are based on a statewide random sample for the foster care
program under title IV-E of the Social Security Act, United
States Code, title 42, in direct proportion to each county's
title IV-E foster care maintenance claim for that period.
Sec. 41. Minnesota Statutes 1996, section 256.016, is
amended to read:
256.016 [PLAIN LANGUAGE IN WRITTEN MATERIALS.]
(a) To the extent reasonable and consistent with the goals
of providing easily understandable and readable materials and
complying with federal and state laws governing the programs,
all written materials relating to services and determinations of
eligibility for or amounts of benefits that will be given to
applicants for or recipients of assistance under a program
administered or supervised by the commissioner of human services
must be understandable to a person who reads at the
seventh-grade level, using the Flesch scale analysis readability
score as determined under section 72C.09.
(b) All written materials relating to determinations of
eligibility for or amounts of benefits that will be given to
applicants for or recipients of assistance under programs
administered or supervised by the commissioner of human services
must be developed to satisfy the plain language requirements of
the plain language contract act under sections 325G.29 to
325G.36. Materials may be submitted to the attorney general for
review and certification. Notwithstanding section 325G.35,
subdivision 1, the attorney general shall review submitted
materials to determine whether they comply with the requirements
of section 325G.31. The remedies available pursuant to sections
8.31 and 325G.33 to 325G.36 do not apply to these materials.
Failure to comply with this section does not provide a basis for
suspending the implementation or operation of other laws
governing programs administered by the commissioner.
(c) The requirements of this section apply to all materials
modified or developed by the commissioner on or after July 1,
1988. The requirements of this section do not apply to
materials that must be submitted to a federal agency for
approval, to the extent that application of the requirements
prevents federal approval.
(d) Nothing in this section may be construed to prohibit a
lawsuit brought to require the commissioner to comply with this
section or to affect individual appeal rights granted pursuant
to section 256.045.
(e) The commissioner shall report annually to the chairs of
the health and human services divisions of the senate finance
committee and the house of representatives appropriations
committee on the number and outcome of cases that raise the
issue of the commissioner's compliance with this section.
Sec. 42. Minnesota Statutes 1996, section 256.736,
subdivision 3a, is amended to read:
Subd. 3a. [PARTICIPATION.] (a) Except as provided under
paragraphs (b) and (c), participation in employment and training
services under this section is limited to the following
recipients:
(1) caretakers who are required to participate in a job
search under subdivision 14;
(2) custodial parents who are subject to the school
attendance or case management participation requirements under
subdivision 3b;
(3) caretakers whose participation in employment and
training services began prior to May 1, 1990, if the caretaker's
AFDC eligibility has not been interrupted for 30 days or more
and the caretaker's employability development plan has not been
completed;
(4) recipients who are members of a family in which the
youngest child is within two years of being ineligible for AFDC
due to age;
(5) custodial parents under the age of 24 who: (i) have
not completed a high school education and who, at the time of
application for AFDC, were not enrolled in high school or in a
high school equivalency program; or (ii) have had little or no
work experience in the preceding year;
(6) recipients who have received AFDC for 36 or more months
out of the last 60 months;
(7) recipients who are participants in the self-employment
investment demonstration project under section 268.95; and
(8) recipients who participate in the new chance research
and demonstration project under contract with the department of
human services.
(b) If the commissioner determines that participation of
persons listed in paragraph (a) in employment and training
services is insufficient either to meet federal performance
targets or to fully utilize funds appropriated under this
section, the commissioner may, after notifying the chairs of the
senate family services committee, the house health and human
services committee, the family services division of the senate
family services and health care committees, and the human
services division of the house health and human services
committee, permit additional groups of recipients to participate
until the next meeting of the legislative advisory commission,
after which the additional groups may continue to enroll for
participation unless the legislative advisory commission
disapproves the continued enrollment. The commissioner shall
allow participation of additional groups in the following order
only as needed to meet performance targets or fully utilize
funding for employment and training services under this section:
(1) recipients who have received 24 or more months of AFDC
out of the previous 48 months; and
(2) recipients who have not completed a high school
education or a high school equivalency program.
(c) To the extent of money appropriated specifically for
this paragraph, the commissioner may permit AFDC caretakers who
are not eligible for participation in employment and training
services under the provisions of paragraph (a) or (b) to
participate. Money must be allocated to county agencies based
on the county's percentage of participants statewide in services
under this section in the prior calendar year. Caretakers must
be selected on a first-come, first-served basis from a waiting
list of caretakers who volunteer to participate. The
commissioner may, on a quarterly basis, reallocate unused
allocations to county agencies that have sufficient volunteers.
If funding under this paragraph is discontinued in future fiscal
years, caretakers who began participating under this paragraph
must be deemed eligible under paragraph (a), clause (3).
(d) Participants who are eligible and enroll in the STRIDE
program under one of the categories of this subdivision are
required to cooperate with the assessment and employability plan
development and to meet the terms of their employability plan.
Failure to comply, without good cause, shall result in the
imposition of sanctions as specified in subdivision 4, clause
(6).
Sec. 43. Minnesota Statutes 1996, section 256.7365,
subdivision 7, is amended to read:
Subd. 7. [DEMONSTRATION AND EVALUATION.] For the biennium
ending June 30, 1989, projects are demonstration projects to
test the effectiveness of differing approaches to serving
populations with acute needs. The commissioner of human
services shall submit to the governor and the legislature a
progress report by February 1, 1989, and shall submit subsequent
program evaluation reports to the governor as part of the
biennial plan.
Sec. 44. Minnesota Statutes 1996, section 256.9742,
subdivision 1, is amended to read:
Subdivision 1. [DUTIES.] The ombudsman shall:
(1) gather information and evaluate any act, practice,
policy, procedure, or administrative action of a long-term care
facility, acute care facility, home care service provider, or
government agency that may adversely affect the health, safety,
welfare, or rights of any client;
(2) mediate or advocate on behalf of clients;
(3) monitor the development and implementation of federal,
state, or local laws, rules, regulations, and policies affecting
the rights and benefits of clients;
(4) comment on and recommend to the legislature and public
and private agencies regarding laws, rules, regulations, and
policies affecting clients;
(5) inform public agencies about the problems of clients;
(6) provide for training of volunteers and promote the
development of citizen participation in the work of the office;
(7) conduct public forums to obtain information about and
publicize issues affecting clients;
(8) provide public education regarding the health, safety,
welfare, and rights of clients; and
(9) collect and analyze data relating to complaints,
conditions, and services.
Sec. 45. Minnesota Statutes 1996, section 256D.04, is
amended to read:
256D.04 [DUTIES OF THE COMMISSIONER.]
In addition to any other duties imposed by law, the
commissioner shall:
(1) Supervise according to section 256.01 the
administration of general assistance and general assistance
medical care by county agencies as provided in sections 256D.01
to 256D.21;
(2) Promulgate uniform rules consistent with law for
carrying out and enforcing the provisions of sections 256D.01 to
256D.21, including section 256D.05, subdivision 3, and section
256.01, subdivision 2, paragraph (16), to the end that general
assistance may be administered as uniformly as possible
throughout the state; rules shall be furnished immediately to
all county agencies and other interested persons; in
promulgating rules, the provisions of sections 14.001 to 14.69,
shall apply;
(3) Allocate money appropriated for general assistance and
general assistance medical care to county agencies as provided
in section 256D.03, subdivisions 2 and 3;
(4) Accept and supervise the disbursement of any funds that
may be provided by the federal government or from other sources
for use in this state for general assistance and general
assistance medical care;
(5) Cooperate with other agencies including any agency of
the United States or of another state in all matters concerning
the powers and duties of the commissioner under sections 256D.01
to 256D.21;
(6) Cooperate to the fullest extent with other public
agencies empowered by law to provide vocational training,
rehabilitation, or similar services;
(7) Gather and study current information and report at
least annually to the governor and legislature on the nature and
need for general assistance and general assistance medical care,
the amounts expended under the supervision of each county
agency, and the activities of each county agency and publish
such reports for the information of the public;
(8) Specify requirements for general assistance and general
assistance medical care reports, including fiscal reports,
according to section 256.01, subdivision 2, paragraph (17); and
(9) Ensure that every notice of eligibility for general
assistance includes a notice that women who are pregnant may be
eligible for medical assistance benefits.
Sec. 46. Minnesota Statutes 1996, section 256E.04,
subdivision 1, is amended to read:
Subdivision 1. The commissioner shall prepare a biennial
social services plan and present the plan to the governor and
the legislature. The commissioner shall update the plan
biennially. The plan shall include:
(a) a description of state social service programs and
priorities;
(b) an overview of all county biennial community social
services plans;
(c) identification of social services program requirements
which counties have identified as unnecessarily administratively
burdensome;
(d) identification of social services program requirements
for which inadequate state and local funding is available; and
(e) identification of unmet needs reported by the county
agencies.
The commissioner shall consult with the heads of human
service related state departments and agencies in preparing the
coordination statement required by this subdivision.
Sec. 47. Minnesota Statutes 1996, section 256F.04,
subdivision 3, is amended to read:
Subd. 3. [MONITORING.] The commissioner shall design and
implement methods for monitoring the delivery and evaluating the
effectiveness of placement prevention and family reunification
services. The commissioner shall monitor the provision of
family-based services, and conduct evaluations, and prepare and
submit biannual reports to the legislature.
Sec. 48. Minnesota Statutes 1996, section 260.181,
subdivision 3a, is amended to read:
Subd. 3a. [REPORTS; JUVENILES PLACED OUT OF STATE.] (a)
Whenever a child is placed in a residential program located
outside of this state pursuant to a disposition order issued
under section 260.185 or 260.191, the juvenile court
administrator shall report the following information to the
state court administrator:
(1) the fact that the placement is out of state;
(2) the type of placement; and
(3) the reason for the placement.
(b) By July 1, 1994, and each year thereafter, the state
court administrator shall file a report with the legislature
containing the information reported under paragraph (a) during
the previous calendar year.
Sec. 49. Minnesota Statutes 1996, section 290.171, is
amended to read:
290.171 [ENACTMENT OF MULTISTATE TAX COMPACT.]
The "multistate tax compact" is hereby enacted into law to
the extent provided in this section and entered into with all
jurisdictions legally joining therein, in the form substantially
as follows:
Article I. Purposes.
The purposes of this compact are to:
1. Facilitate proper determination of state and local tax
liability of multistate taxpayers, including the equitable
apportionment of tax bases and settlement of apportionment
disputes.
2. Promote uniformity or compatibility in significant
components of tax systems.
3. Facilitate taxpayer convenience and compliance in the
filing of tax returns and in other phases of tax administration.
4. Avoid duplicative taxation.
Article II. Definitions.
As used in this compact:
1. "State" means a state of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, or any
territory or possession of the United States.
2. "Subdivision" means any governmental unit or special
district of a state.
3. "Taxpayer" means any corporation, partnership, firm,
association, governmental unit or agency or person acting as a
business entity in more than one state.
4. "Income tax" means a tax imposed on or measured by net
income including any tax imposed on or measured by an amount
arrived at by deducting expenses from gross income, one or more
forms of which expenses are not specifically and directly
related to particular transactions.
5. "Capital stock tax" means a tax measured in any way by
the capital of a corporation considered in its entirety.
6. "Gross receipts tax" means a tax, other than a sales
tax, which is imposed on or measured by the gross volume of
business, in terms of gross receipts or in other terms, and in
the determination of which no deduction is allowed which would
constitute the tax an income tax.
7. "Sales tax" means a tax imposed with respect to the
transfer for a consideration of ownership, possession or custody
of tangible personal property or the rendering of services
measured by the price of the tangible personal property
transferred or services rendered and which is required by state
or local law to be separately stated from the sales price by the
seller, or which is customarily separately stated from the sales
price, but does not include a tax imposed exclusively on the
sale of a specifically identified commodity or article or class
of commodities or articles.
8. "Use tax" means a nonrecurring tax, other than a sales
tax, which (a) is imposed on or with respect to the exercise or
enjoyment of any right or power over tangible personal property
incident to the ownership, possession or custody of that
property or the leasing of that property from another including
any consumption, keeping, retention, or other use of tangible
personal property and (b) is complementary to a sales tax.
9. "Tax" means an income tax, capital stock tax, gross
receipts tax, sales tax, use tax, and any other tax which has a
multistate impact, except that the provisions of article V of
this compact shall apply only to the taxes specifically
designated therein.
Article III. Elements of Income Tax Laws.
Article IV. Division of Income.
Article V. Elements of Sales and Use Tax Laws.
Tax Credit.
1. Each purchaser liable for a use tax on tangible
personal property shall be entitled to full credit for the
combined amount or amounts of legally imposed sales or use taxes
paid by him with respect to the same property to another state
and any subdivision thereof. The credit shall be applied first
against the amount of any use tax due the state, and any unused
portion of the credit shall then be applied against the amount
of any use tax due a subdivision.
2. Whenever a vendor receives and accepts in good faith
from a purchaser a resale or other exemption certificate or
other written evidence of exemption authorized by the
appropriate state or subdivision taxing authority, the vendor
shall be relieved of liability for a sales or use tax with
respect to the transaction.
Article VI. The Commission.
Organization and Management.
1. (a) The multistate tax commission is hereby
established. It shall be composed of one "member" from each
party state who shall be the head of the state agency charged
with the administration of the types of taxes to which this
compact applies. If there is more than one such agency the
state shall provide by law for the selection of the commission
member from the heads of the relevant agencies. State law may
provide that a member of the commission be represented by an
alternate but only if there is on file with the commission
written notification of the designation and identity of the
alternate. The attorney general of each party state or his
designee, or other counsel if the laws of the party state
specifically provide, shall be entitled to attend the meetings
of the commission, but shall not vote. Such attorneys general,
designees, or other counsel shall receive all notices of
meetings required under paragraph 1(e) of this article.
(b) Each party state shall provide by law for the selection
of representatives from its subdivisions affected by this
compact to consult with the commission member from that state.
(c) Each member shall be entitled to one vote. The
commission shall not act unless a majority of the members are
present, and no action shall be binding unless approved by a
majority of the total number of members.
(d) The commission shall adopt an official seal to be used
as it may provide.
(e) The commission shall hold an annual meeting and such
other regular meetings as its bylaws may provide and such
special meetings as its executive committee may determine. The
commission bylaws shall specify the dates of the annual and any
other regular meetings, and shall provide for the giving of
notice of annual, regular and special meetings. Notices of
special meetings shall include the reasons therefor and an
agenda of the items to be considered.
(f) The commission shall elect annually, from among its
members, a chairman, a vice-chairman and a treasurer. The
commission shall appoint an executive director who shall serve
at its pleasure, and it shall fix his duties and compensation.
The executive director shall be secretary of the commission.
The commission shall make provision for the bonding of such of
its officers and employees as it may deem appropriate.
(g) Irrespective of the civil service, personnel or other
merit system laws of any party state, the executive director
shall appoint or discharge such personnel as may be necessary
for the performance of the functions of the commission and shall
fix their duties and compensation. The commission bylaws shall
provide for personnel policies and programs.
(h) The commission may borrow, accept or contract for the
services of personnel from any state, the United States, or any
other governmental entity.
(i) The commission may accept for any of its purposes and
functions any and all donations and grants of money, equipment,
supplies, materials and services, conditional or otherwise, from
any governmental entity, and may utilize and dispose of the same.
(j) The commission may establish one or more offices for
the transacting of its business.
(k) The commission shall adopt bylaws for the conduct of
its business. The commission shall publish its bylaws in
convenient form, and shall file a copy of the bylaws and any
amendments thereto with the appropriate agency or officer in
each of the party states.
(l) The commission annually shall make to the governor and
legislature of each party state a report covering its activities
for the preceding year. Any donation or grant accepted by the
commission or services borrowed shall be reported in the annual
report of the commission, and shall include the nature, amount
and conditions, if any, of the donation, gift, grant or services
borrowed and the identity of the donor or lender. The
commission may make additional reports as it may deem desirable.
Committees.
2. (a) To assist in the conduct of its business when the
full commission is not meeting, the commission shall have an
executive committee of seven members, including the chairman,
vice chairman, treasurer and four other members elected annually
by the commission. The executive committee, subject to the
provisions of this compact and consistent with the policies of
the commission, shall function as provided in the bylaws of the
commission.
(b) The commission may establish advisory and technical
committees, membership on which may include private persons and
public officials, in furthering any of its activities. Such
committees may consider any matter of concern to the commission,
including problems of special interest to any party state and
problems dealing with particular types of taxes.
(c) The commission may establish such additional committees
as its bylaws may provide.
Powers.
3. In addition to powers conferred elsewhere in this
compact, the commission shall have power to:
(a) Study state and local tax systems and particular types
of state and local taxes.
(b) Develop and recommend proposals for an increase in
uniformity or compatibility of state and local tax laws with a
view toward encouraging the simplification and improvement of
state and local tax law and administration.
(c) Compile and publish information as in its judgment
would assist the party states in implementation of the compact
and taxpayers in complying with state and local tax laws.
(d) Do all things necessary and incidental to the
administration of its functions pursuant to this compact.
Finance.
4. (a) The commission shall submit to the governor or
designated officer or officers of each party state a budget of
its estimated expenditures for such period as may be required by
the laws of that state for presentation to the legislature
thereof.
(b) Each of the commission's budgets of estimated
expenditures shall contain specific recommendations of the
amounts to be appropriated by each of the party states. The
total amount of appropriations requested under any such budget
shall be apportioned among the party states as follows:
one-tenth in equal shares; and the remainder in proportion to
the amount of revenue collected by each party state and its
subdivisions from income taxes, capital stock taxes, gross
receipts taxes, sales and use taxes. In determining such
amounts, the commission shall employ such available public
sources of information as, in its judgment, present the most
equitable and accurate comparisons among the party states. Each
of the commission's budgets of estimated expenditures and
requests for appropriations shall indicate the sources used in
obtaining information employed in applying the formula contained
in this paragraph.
(c) The commission shall not pledge the credit of any party
state. The commission may meet any of its obligations in whole
or in part with funds available to it under paragraph 1(i) of
this article, provided that the commission takes specific action
setting aside such funds prior to incurring any obligation to be
met in whole or in part in such manner. Except where the
commission makes use of funds available to it under paragraph
1(i), the commission shall not incur any obligation prior to the
allotment of funds by the party states adequate to meet the same.
(d) The commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of
the commission shall be subject to the audit and accounting
procedures established under its bylaws. All receipts and
disbursements of funds handled by the commission shall be
audited yearly by a certified or licensed public accountant and
the report of the audit shall be included in and become part of
the annual report of the commission.
(e) The accounts of the commission shall be open at any
reasonable time for inspection by duly constituted officers of
the party states and by any persons authorized by the commission.
(f) Nothing contained in this article shall be construed to
prevent commission compliance with laws relating to audit or
inspection of accounts by or on behalf of any government
contributing to the support of the commission.
Article VII. Uniform Regulations and Forms.
1. Whenever any two or more party states, or subdivisions
of party states, have uniform or similar provisions of law
relating to an income tax, capital stock tax, gross receipts
tax, sales or use tax, the commission may adopt uniform
regulations for any phase of the administration of such law,
including assertion of jurisdiction to tax, or prescribing
uniform tax forms.
2. Prior to the adoption of any regulation, the commission
shall:
(a) As provided in its bylaws, hold at least one public
hearing on due notice to all affected party states and
subdivisions thereof and to all taxpayers and other persons who
have made timely request of the commission for advance notice of
its regulation-making proceedings.
(b) Afford all affected party states and subdivisions and
interested persons an opportunity to submit relevant written
data and views, which shall be considered fully by the
commission.
3. The commission shall submit any regulations adopted by
it to the appropriate officials of all party states and
subdivisions to which they might apply. Each such state and
subdivision shall consider any such regulation for adoption in
accordance with its own laws and procedures.
Article VIII. Interstate Audits.
1. Any party state or subdivision thereof desiring to make
or participate in an audit of any accounts, books, papers,
records or other documents may request the commission to perform
the audit on its behalf. In responding to the request, the
commission shall have access to and may examine, at any
reasonable time, such accounts, books, papers, records, and
other documents and any relevant property or stock of
merchandise. The commission may enter into agreements with
party states or their subdivisions for assistance in performance
of the audit. The commission shall make charges, to be paid by
the state or local government or governments for which it
performs the service, for any audits performed by it in order to
reimburse itself for the actual costs incurred in making the
audit.
2. The commission may require the attendance of any person
within the state where it is conducting an audit or part thereof
at a time and place fixed by it within such state for the
purpose of giving testimony with respect to any account, book,
paper, document, other record, property or stock of merchandise
being examined in connection with the audit. If the person is
not within the jurisdiction, he may be required to attend for
such purpose at any time and place fixed by the commission
within the state of which he is a resident, provided that such
state has adopted this article.
3. The commission may apply to any court having power to
issue compulsory process for orders in aid of its powers and
responsibilities pursuant to this article and any and all such
courts shall have jurisdiction to issue such orders. Failure of
any person to obey any such order shall be punishable as
contempt of the issuing court. If the party or subject matter
on account of which the commission seeks an order is within the
jurisdiction of the court to which application is made, such
application may be to a court in the state or subdivision on
behalf of which the audit is being made or a court in the state
in which the object of the order being sought is situated. The
provisions of this paragraph apply only to courts in a state
that has adopted this article.
4. The commission may decline to perform any audit
requested if it finds that its available personnel or other
resources are insufficient for the purpose or that, in the terms
requested, the audit is impracticable of satisfactory
performance. If the commission, on the basis of its experience,
has reason to believe that an audit of a particular taxpayer,
either at a particular time or on a particular schedule, would
be of interest to a number of party states or their
subdivisions, it may offer to make the audit or audits, the
offer to be contingent on sufficient participation therein as
determined by the commission.
5. Information obtained by any audit pursuant to this
article shall be confidential and available only for tax
purposes to party states, their subdivisions or the United
States. Availability of information shall be in accordance with
the laws of the states or subdivisions on whose account the
commission performs the audit, and only through the appropriate
agencies or officers of such states or subdivisions. Nothing in
this article shall be construed to require any taxpayer to keep
records for any period not otherwise required by law.
6. Other arrangements made or authorized pursuant to law
for cooperative audit by or on behalf of the party states or any
of their subdivisions are not superseded or invalidated by this
article.
7. In no event shall the commission make any charge
against a taxpayer for an audit.
8. As used in this article, "tax," in addition to the
meaning ascribed to it in article II, means any tax or license
fee imposed in whole or in part for revenue purposes.
Article IX. Arbitration.
1. Whenever the commission finds a need for settling
disputes concerning apportionments and allocations by
arbitration, it may adopt a regulation placing this article in
effect, notwithstanding the provisions of article VII.
2. The commission shall select and maintain an arbitration
panel composed of officers and employees of state and local
governments and private persons who shall be knowledgeable and
experienced in matters of tax law and administration.
3. Whenever the laws of the party states or subdivisions
thereof are substantially identical with the relevant provisions
of this chapter, the taxpayer, by written notice to the
commission and to each party state or subdivision thereof that
would be affected, may secure arbitration of an apportionment or
allocation, if he is dissatisfied with the final administrative
determination of the tax agency of the state or subdivision with
respect thereto on the ground that it would subject him to
double or multiple taxation by two or more party states or
subdivisions thereof. Each party state and subdivision thereof
hereby consents to the arbitration as provided herein, and
agrees to be bound thereby.
4. The arbitration board shall be composed of one person
selected by the taxpayer, one by the agency or agencies
involved, and one member of the commission's arbitration panel.
If the agencies involved are unable to agree on the person to be
selected by them, such person shall be selected by lot from the
total membership of the arbitration panel. The two persons
selected for the board in the manner provided by the foregoing
provisions of this paragraph shall jointly select the third
member of the board. If they are unable to agree on the
selection, the third member shall be selected by lot from among
the total membership of the arbitration panel. No member of a
board selected by lot shall be qualified to serve if he is an
officer or employee or is otherwise affiliated with any party to
the arbitration proceeding. Residence within the jurisdiction
of a party to the arbitration proceeding shall not constitute
affiliation within the meaning of this paragraph.
5. The board may sit in any state or subdivision party to
the proceeding, in the state of the taxpayer's incorporation,
residence or domicile, in any state where the taxpayer does
business, or in any place that it finds most appropriate for
gaining access to evidence relevant to the matter before it.
6. The board shall give due notice of the times and places
of its hearings. The parties shall be entitled to be heard, to
present evidence, and to examine and cross-examine witnesses.
The board shall act by majority vote.
7. The board shall have power to administer oaths, take
testimony, subpoena and require the attendance of witnesses and
the production of accounts, books, papers, records, and other
documents, and issue commissions to take testimony. Subpoenas
may be signed by any member of the board. In case of failure to
obey a subpoena, and upon application by the board, any judge of
a court of competent jurisdiction of the state in which the
board is sitting or in which the person to whom the subpoena is
directed may be found may make an order requiring compliance
with the subpoena, and the court may punish failure to obey the
order as a contempt. The provisions of this paragraph apply
only in states that have adopted this article.
8. Unless the parties otherwise agree the expenses and
other costs of the arbitration shall be assessed and allocated
among the parties by the board in such manner as it may
determine. The commission shall fix a schedule of compensation
for members of arbitration boards and of other allowable
expenses and costs. No officer or employee of a state or local
government who serves as a member of a board shall be entitled
to compensation therefor unless he is required on account of his
service to forego the regular compensation attaching to his
public employment, but any such board member shall be entitled
to expenses.
9. The board shall determine the disputed apportionment or
allocation and any matters necessary thereto. The
determinations of the board shall be final for purposes of
making the apportionment or allocation, but for no other purpose.
10. The board shall file with the commission and with each
tax agency represented in the proceeding: the determination of
the board; the board's written statement of its reasons
therefor; the record of the board's proceedings; and any other
documents required by the arbitration rules of the commission to
be filed.
11. The commission shall publish the determinations of
boards together with the statements of the reasons therefor.
12. The commission shall adopt and publish rules of
procedure and practice and shall file a copy of such rules and
of any amendment thereto with the appropriate agency or officer
in each of the party states.
13. Nothing contained herein shall prevent at any time a
written compromise of any matter or matters in dispute, if
otherwise lawful, by the parties to the arbitration proceedings.
Article X. Entry Into Force and Withdrawal.
1. This compact shall become effective as to any other
state upon its enactment. The commission shall arrange for
notification of all party states whenever there is a new
enactment of the compact.
2. Any party state may withdraw from this compact by
enacting a statute repealing the same. No withdrawal shall
affect any liability already incurred by or chargeable to a
party state prior to the time of such withdrawal.
3. No proceeding commenced before an arbitration board
prior to the withdrawal of a state and to which the withdrawing
state or any subdivision thereof is a party shall be
discontinued or terminated by the withdrawal, nor shall the
board thereby lose jurisdiction over any of the parties to the
proceeding necessary to make a binding determination therein.
Article XI. Effect on Other Laws and Jurisdictions.
Nothing in this compact shall be construed to:
(a) Affect the power of any state or subdivision thereof to
fix rates of taxation.
(b) Apply to any tax or fixed fee imposed for the
registration of a motor vehicle or any tax on motor fuel, other
than a sales tax, provided that the definition of "tax" in
article VIII 9 may apply for the purposes of that article and
the commission's powers of study and recommendation pursuant to
article VI 3 may apply.
(c) Withdraw or limit the jurisdiction of any state or
local court or administrative officer or body with respect to
any person, corporation or other entity or subject matter,
except to the extent that such jurisdiction is expressly
conferred by or pursuant to this compact upon another agency or
body.
(d) Supersede or limit the jurisdiction of any court of the
United States.
Article XII. Construction and Severability.
This compact shall be liberally construed so as to
effectuate the purposes thereof. The provisions of this compact
shall be severable and if any phrase, clause, sentence, or
provision of this compact is declared to be contrary to the
constitution of any state or of the United States or the
applicability thereof to any government, agency, person or
circumstance is held invalid, the validity of the remainder of
this compact and the applicability thereof to any government,
agency, person or circumstance shall not be affected thereby.
If this compact shall be held contrary to the constitution of
any state participating therein, the compact shall remain in
full force and effect as to the remaining party states and in
full force and effect as to the state affected as to all
severable matters.
Sec. 50. Minnesota Statutes 1996, section 299F.051,
subdivision 3, is amended to read:
Subd. 3. [IN-SERVICE TRAINING.] The state fire marshal and
the superintendent of the bureau of criminal apprehension, in
cooperation with the Minnesota board of peace officer standards
and training, shall encourage the establishment of in-service
and refresher training for firefighters and peace officers
through schools administered by the state, county, school
district, municipality, or joint or contractual combinations
thereof. The Minnesota board of peace officers standards and
training shall report to the governor and legislature on the
progress made in this effort as provided in section 626.843.
Sec. 51. Minnesota Statutes 1996, section 360.015,
subdivision 17, is amended to read:
Subd. 17. [REPORT TO GOVERNOR.] On or before October 1 in
every even-numbered year the commissioner shall make to the
governor a full report of the proceedings of the department for
the preceding two fiscal years, together with the commissioner's
recommendations pertaining to the affairs of the department.
The governor shall transmit this report to the legislature by
November 15 of each even-numbered year.
Sec. 52. Minnesota Statutes 1996, section 363.05,
subdivision 1, is amended to read:
Subdivision 1. [FORMULATION OF POLICIES.] The commissioner
shall formulate policies to effectuate the purposes of this
chapter and shall:
(1) exercise leadership under the direction of the governor
in the development of human rights policies and programs, and
make recommendations to the governor and the legislature for
their consideration and implementation;
(2) establish and maintain a principal office in St. Paul,
and any other necessary branch offices at any location within
the state;
(3) meet and function at any place within the state;
(4) employ attorneys, clerks, and other employees and
agents as the commissioner may deem necessary and prescribe
their duties;
(5) to the extent permitted by federal law and regulation,
utilize the records of the department of economic security of
the state when necessary to effectuate the purposes of this
chapter;
(6) obtain upon request and utilize the services of all
state governmental departments and agencies;
(7) adopt suitable rules for effectuating the purposes of
this chapter;
(8) issue complaints, receive and investigate charges
alleging unfair discriminatory practices, and determine whether
or not probable cause exists for hearing;
(9) subpoena witnesses, administer oaths, take testimony,
and require the production for examination of any books or
papers relative to any matter under investigation or in
question;
(10) attempt, by means of education, conference,
conciliation, and persuasion to eliminate unfair discriminatory
practices as being contrary to the public policy of the state;
(11) develop and conduct programs of formal and informal
education designed to eliminate discrimination and intergroup
conflict by use of educational techniques and programs the
commissioner deems necessary;
(12) make a written report of the activities of the
commissioner to the governor each year and to the legislature by
November 15 of each even-numbered year;
(13) accept gifts, bequests, grants or other payments
public and private to help finance the activities of the
department;
(14) create such local and statewide advisory committees as
will in the commissioner's judgment aid in effectuating the
purposes of the department of human rights;
(15) develop such programs as will aid in determining the
compliance throughout the state with the provisions of this
chapter, and in the furtherance of such duties, conduct research
and study discriminatory practices based upon race, color,
creed, religion, national origin, sex, age, disability, marital
status, status with regard to public assistance, familial
status, sexual orientation, or other factors and develop
accurate data on the nature and extent of discrimination and
other matters as they may affect housing, employment, public
accommodations, schools, and other areas of public life;
(16) develop and disseminate technical assistance to
persons subject to the provisions of this chapter, and to
agencies and officers of governmental and private agencies;
(17) provide staff services to such advisory committees as
may be created in aid of the functions of the department of
human rights;
(18) make grants in aid to the extent that appropriations
are made available for that purpose in aid of carrying out
duties and responsibilities; and
(19) cooperate and consult with the commissioner of labor
and industry regarding the investigation of violations of, and
resolution of complaints regarding section 363.03, subdivision 9.
In performing these duties, the commissioner shall give
priority to those duties in clauses (8), (9), and (10) and to
the duties in section 363.073.
Sec. 53. Minnesota Statutes 1996, section 383A.43,
subdivision 6, is amended to read:
Subd. 6. [MINUTES; REPORTS TO LEGISLATURE.] The committee
shall keep minutes of its meetings which are open to the
public. It shall make a periodic report to members of the
delegation from the county in the legislature and shall keep
them fully informed on each matter that comes before the
committee, the action taken thereon, and the progress made in
relation thereto. At least 30 days before each biennial
legislative session, the committee shall make a written report
summarizing its activities, investigations, surveys and findings
of facts to the members of the legislature from the county and
to the public.
Sec. 54. Minnesota Statutes 1996, section 458A.08, is
amended to read:
458A.08 [COMMISSION; ANNUAL REPORTS.]
The commission on or before November 30, 1969, and annually
thereafter, shall prepare a report for the preceding fiscal
year, also, so far as practicable, for the further time up to
the preparation of the report, containing, in addition to such
other matters as the commission may deem proper, the following:
(a) the activities of the commission during the period
covered by the report;
(b) the financial condition of public transit systems under
the control of the commission;
(c) a complete financial accounting of moneys received and
spent by the commission during the fiscal year;
(d) recommendations for improvements of or additions to the
mass transit facilities of the area to provide adequate, speedy,
and efficient means of transporting people therein;
(e) recommendations for any needed legislation in
furtherance of the aforesaid purposes.
Each report shall be filed with the secretary of the
commission and a copy shall be filed with the secretary of
state. Copies shall also be submitted to the legislature at the
opening of each regular session after July 1, 1969, and shall be
distributed annually to the governor and to each member of the
legislature under section 3.195, each county commission, and
each elected chief executive of each municipality in the transit
area.
Sec. 55. Minnesota Statutes 1996, section 462A.07,
subdivision 7, is amended to read:
Subd. 7. [RECOMMENDATIONS TO GOVERNOR AND LEGISLATURE.] It
may survey and investigate the housing conditions and needs,
both urban and rural, throughout the state and make
recommendations to the governor and the legislature as to
legislation and other measures necessary or advisable to
alleviate any existing housing shortage in the state.
Sec. 56. Minnesota Statutes 1996, section 473.1623,
subdivision 3, is amended to read:
Subd. 3. [FINANCIAL REPORT.] By December 15 of
even-numbered years, the council, in consultation with the
advisory committee, shall publish a consolidated financial
report for the council and all metropolitan agencies and their
functions, services, and systems. The financial report must
cover the calendar year in which the report is published and the
two years preceding and three years succeeding that year. The
financial report must contain the following information, for
each agency, function, or system, respectively, and in the
aggregate, in a consistent format that allows comparison over
time and among agencies in expenditure and revenue categories:
(1) financial policies, goals, and priorities;
(2) levels and allocation of public expenditure, including
capital, debt, operating, and pass-through funds, stated in the
aggregate and by appropriate functional, programmatic,
administrative, and geographic categories, and the changes in
expenditure levels and allocations that the report represents;
(3) the resources available under existing fiscal policy;
(4) additional resources, if any, that are or may be
required;
(5) changes in council or agency policies on regional
sources of revenue and in levels of debt, user charges, and
taxes;
(6) other changes in existing fiscal policy, on regional
revenues and intergovernmental aids respectively, that are
expected or that have been or may be recommended by the council
or the respective agencies;
(7) an analysis that links, as far as practicable, the uses
of funds and the sources of funds, by appropriate categories and
in the aggregate;
(8) a description of how the fiscal policies effectuate
current policy and implementation plans of the council and
agencies concerned; and
(9) a summary of significant changes in council and agency
finance and an analysis of fiscal trends.
The council shall present the report for discussion and
comment at a public meeting in the metropolitan area and
request, in writing, an opportunity to make presentations on the
report before appropriate committees of the legislature.
Sec. 57. Minnesota Statutes 1996, section 473.1623,
subdivision 4, is amended to read:
Subd. 4. [FINANCIAL REPORTING; BUDGETING.] The advisory
committee, with the assistance of the state auditor and the
legislative auditor, shall develop uniform or consistent
standards, formats, and procedures for the budgets and financial
reports of the council and all metropolitan agencies. The
council shall report to the legislature from time to time on
progress made by the committee in improving the uniformity and
quality of budgets and financial reports and on legislation that
may be needed for this purpose.
Sec. 58. Minnesota Statutes 1996, section 473.1623,
subdivision 5, is amended to read:
Subd. 5. [ADMINISTRATIVE COORDINATION.] The advisory
committee shall evaluate the benefits, costs, methods, and
effects, including operational effects, of joint or uniform and
coordinated exercise of powers by the council and metropolitan
agencies for appropriate administrative functions. The study
must include at least ongoing managerial reporting, contracts,
purchasing, data processing, and personnel. The council shall
report to the legislature from time to time on the findings and
recommendations of the advisory committee to date and on legal
and other impediments to increased coordination of
administrative functions. Before submitting the report, the
council shall request comments on the report from the affected
metropolitan agencies, and the comments must be submitted along
with the report.
Sec. 59. Minnesota Statutes 1996, section 473.3994,
subdivision 9, is amended to read:
Subd. 9. [LIGHT RAIL TRANSIT OPERATING COSTS.] (a) Before
submitting an application for federal assistance for light rail
transit facilities in the metropolitan area, the applicant must
provide to the metropolitan council estimates of the amount of
operating subsidy which will be required to operate light rail
transit in the corridor to which the federal assistance would be
applied. The information provided to the council must indicate
the amount of operating subsidy estimated to be required in each
of the first ten years of operation of the light rail transit
facility.
(b) The council must review and evaluate the information
provided under paragraph (a) with regard to the effect of
operating the light rail transit facility on the currently
available mechanisms for financing transit in the metropolitan
area.
(c) The council must present its evaluation to the
transportation and taxes committees of the house and senate, to
the appropriations committee of the house and the finance
committee of the senate, to the local government and
metropolitan affairs committee of the house, and to the
metropolitan affairs committee of the senate.
Sec. 60. Minnesota Statutes 1996, section 473.598,
subdivision 3, is amended to read:
Subd. 3. [COMMISSION PROPOSAL.] (a) If the commission
makes a final determination to acquire the basketball and hockey
arena, the commission may then submit to the metropolitan
council a proposal to bond for and acquire the basketball and
hockey arena. The commission's proposal shall contain all
information deemed appropriate or necessary by the council to
its determinations pursuant to section 473.599, subdivision 4.
The commission, in preparing the proposal for the council, shall
require of the sellers and of the professional teams that are
potential lessees or other potential lessees and all of their
affiliated entities any and all data relevant to the
acquisition, financing, ownership, and operation of the
basketball and hockey arena, including, but not limited to,
contracts, agreements, profit and loss statements, annual audit
statements and balance sheets. The commission shall contract
with an independent, nationally recognized firm of certified
public accountants to perform due diligence and provide an
economic feasibility study or report with regard to the data
received by the commission from the sellers, the potential
lessees, and affiliated entities. In evaluating whether to
acquire the basketball and hockey arena, the commission shall
consider among other factors, (a) total capital and operating
costs of the basketball and hockey arena to the commission and
total commission revenues from the basketball and hockey arena
over the expected life of the facility, including any
contributions by the state, local units of government or other
organizations, (b) the total governmental costs associated with
the acquisition and operation of the basketball and hockey
arena, including the cost to all units and agencies of
government as well as the costs to the commission, (c) the net
gain or loss of taxes to the state and all local government
units, and (d) economic and other benefits accruing to the
public.
(b) Before submitting its proposal to the metropolitan
council under paragraph (a), the commission shall submit the
proposal to the legislative auditor and the department of
finance for review, evaluation, and comment. The legislative
auditor shall present the evaluation and comments to the
legislative audit commission. Both the legislative auditor and
the commissioner of finance shall present their evaluation and
comments to the chairs of the house taxes, and ways and means
committees, to the chair of the state government finance
division of the house governmental operations committee, and to
the chairs of the senate taxes and finance committees. Any data
which is not public data under subdivision 4 shall remain not
public data when given to the legislative auditor or the
department of finance.
Sec. 61. Minnesota Statutes 1996, section 609.101,
subdivision 4, is amended to read:
Subd. 4. [MINIMUM FINES; OTHER CRIMES.] Notwithstanding
any other law:
(1) when a court sentences a person convicted of a felony
that is not listed in subdivision 2 or 3, 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; and
(2) when a court sentences a person convicted of a gross
misdemeanor or misdemeanor that is not listed in subdivision 2,
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, unless the fine is set at a lower amount on a uniform
fine schedule established by the conference of chief judges in
consultation with affected state and local agencies. This
schedule shall be promulgated and reported to the legislature
not later than January 1 of each year and shall become effective
on August 1 of that year unless the legislature, by law,
provides otherwise.
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.
The court shall collect the fines mandated in this
subdivision and, except for fines for traffic and motor vehicle
violations governed by section 169.871 and section 299D.03 and
fish and game violations governed by section 97A.065, forward 20
percent of the revenues to the state treasurer for deposit in
the general fund.
Sec. 62. Minnesota Statutes 1996, section 611.216,
subdivision 3, is amended to read:
Subd. 3. [REPORT.] Each corporation shall submit reports
showing, at a minimum, the number of clients served, the number
of charges brought, the number of cases of each kind, such as
felonies, gross misdemeanors, misdemeanors, and juvenile
delinquencies, the number of dispositions of each kind, such as
jury trials, court trials, guilty pleas, and dismissals, the
number of court appearances, and financial data. This
information must be summarized for each corporation in the
budget documents submitted to the legislature.
Sec. 63. Minnesota Statutes 1996, section 611.25,
subdivision 3, is amended to read:
Subd. 3. [DUTIES.] The state public defender shall prepare
a biennial report to the board and a report to the governor, the
legislature, and the supreme court on the operation of the state
public defender's office, district defender systems, and public
defense corporations. The biennial report is due on or before
the beginning of the legislative session following the end of
the biennium. The state public defender may require the
reporting of statistical data, budget information, and other
cost factors by the chief district public defenders and
appointed counsel systems. The state public defender shall
design and conduct programs for the training of all state and
district public defenders, appointed counsel, and attorneys for
public defense corporations funded under section 611.26. The
state public defender shall establish policies and procedures to
administer the district public defender system, consistent with
standards adopted by the state board of public defense.
Sec. 64. Minnesota Statutes 1996, section 611A.56,
subdivision 1, is amended to read:
Subdivision 1. [DUTIES.] In addition to carrying out any
duties specified elsewhere in sections 611A.51 to 611A.68 or in
other law, the board shall:
(a) provide all claimants with an opportunity for hearing
pursuant to chapter 14;
(b) adopt rules to implement and administer sections
611A.51 to 611A.68, including rules governing the method of
practice and procedure before the board, prescribing the manner
in which applications for reparations shall be made, and
providing for discovery proceedings;
(c) publicize widely the availability of reparations and
the method of making claims; and
(d) prepare and transmit annually to the governor, and the
commissioner of public safety, and the legislature a report of
its activities including the number of claims awarded, a brief
description of the facts in each case, the amount of reparation
awarded, and a statistical summary of claims and awards made and
denied.
Sec. 65. Minnesota Statutes 1996, section 626.843,
subdivision 3, is amended to read:
Subd. 3. [BOARD AUTHORITY.] The board may, in addition:
(a) Recommend studies, surveys, and reports to be made by
the executive director regarding the carrying out of the
objectives and purposes of sections 626.841 to 626.855;
(b) Visit and inspect any peace officer training school
approved by the executive director or for which application for
such approval has been made;
(c) Make recommendations, from time to time, to the
executive director, attorney general, and the governor, and the
legislature regarding the carrying out of the objectives and
purposes of sections 626.841 to 626.855;
(d) Perform such other acts as may be necessary or
appropriate to carry out the powers and duties of the board as
set forth in sections 626.841 to 626.855;
(e) Cooperate with and receive financial assistance from
and join in projects or enter into contracts with the federal
government or its agencies for the furtherance of the purposes
of Laws 1977, chapter 433.
Sec. 66. Minnesota Statutes 1996, section 626.845,
subdivision 1, is amended to read:
Subdivision 1. [POWERS AND DUTIES.] The board shall have
the following powers and duties:
(a) To certify peace officers' training schools or programs
administered by state, county and municipalities located within
this state in whole or in part no later than 90 days after
receipt of an application for certification. The reasons for
noncertification of any school or program or part thereof shall
be transmitted to the school within 90 days and shall contain a
detailed explanation of the reasons for which the school or
program was disapproved and an explanation of what supporting
material or other requirements are necessary for the board to
reconsider. Disapproval of a school or program shall not
preclude the reapplication for certification of the school or
program;
(b) To issue certificates to schools, and to revoke such
certification when necessary to maintain the objectives and
purposes of sections 626.841 to 626.855;
(c) To certify, as qualified, instructors at peace officer
training schools, and to issue appropriate certificates to such
instructors;
(d) To license peace officers who have satisfactorily
completed certified basic training programs, and passed
examinations as required by the board;
(e) To cause studies and surveys to be made relating to the
establishment, operation, and approval of state, county, and
municipal peace officer training schools;
(f) To consult and cooperate with state, county, and
municipal peace officer training schools for the development of
in-service training programs for peace officers;
(g) To consult and cooperate with universities, colleges,
and technical colleges for the development of specialized
courses of instruction and study in the state for peace officers
and part-time peace officers in police science and police
administration;
(h) To consult and cooperate with other departments and
agencies of the state and federal government concerned with
peace officer standards and training;
(i) To perform such other acts as may be necessary and
appropriate to carry out the powers and duties as set forth in
the provisions of sections 626.841 to 626.855;
(j) To coordinate the provision, on a regional basis, of
skills oriented basic training courses to graduates of certified
law enforcement training schools or programs;
(k) To obtain criminal conviction data for persons seeking
a license to be issued or possessing a license issued by the
board. The board shall have authority to obtain criminal
conviction data to the full extent that any other law
enforcement agency, as that term is defined by state or federal
law, has to obtain the data;
(l) To prepare and transmit annually to the governor and
the legislature a report of its activities with respect to
allocation of moneys appropriated to it for peace officers
training, including the name and address of each recipient of
money for that purpose, the amount awarded, and the purpose of
the award;
(m) To assist and cooperate with any political subdivision
or state law enforcement agency which employs persons licensed
by the board to establish written procedures for the
investigation and resolution of allegations of misconduct of
persons licensed by the board, and to enforce licensing
sanctions for failure to implement such procedures; and
(n) To assist and cooperate with political subdivisions and
state law enforcement agencies that employ persons licensed by
the board in establishing written procedures to govern the
conduct of peace officers who are in pursuit of a vehicle in
violation of section 609.487, and requirements for the training
of peace officers in conducting pursuits. The board may impose
licensing sanctions for failure to establish pursuit procedures
and training requirements by October 1, 1989.
Sec. 67. [REPEALER.]
Minnesota Statutes 1996, sections 3.922, subdivision 9;
15.475; 16B.87, subdivision 4; 17.452, subdivision 3; 116D.11,
subdivision 4; 126.78, subdivision 5; 144.95, subdivision 9;
145A.12, subdivision 6; 148.578; 174.23, subdivision 5; 196.22,
subdivision 4; 246.57, subdivision 2; 254B.03, subdivision 8;
256B.04, subdivision 11; 256B.0629, subdivision 3; 256F.11,
subdivision 3; 256F.12, subdivision 5; 260.152, subdivision 7;
325F.98; 388.24, subdivision 5; 494.05, subdivision 3; 611.27,
subdivision 14; and 611A.75, are repealed.
PART B
Sec. 68. Minnesota Statutes 1996, section 14.62,
subdivision 3, is amended to read:
Subd. 3. [AWARD OF FEES AND OTHER EXPENSES.] Fees and
expenses must be awarded as provided in sections 15.471 to
15.475 15.474.
Sec. 69. Minnesota Statutes 1996, section 15.471,
subdivision 1, is amended to read:
Subdivision 1. [TERMS DEFINED.] For purposes of this
section and sections 15.471 to 15.475 15.474, the terms defined
in this section have the meanings given them.
Sec. 70. Minnesota Statutes 1996, section 270A.09,
subdivision 3, is amended to read:
Subd. 3. [CONTESTED CASE; FINAL DECISION.] The report of
the administrative law judge shall contain a decision and order,
which constitute the final decision in the contested case. A
copy of the decision and order shall be served by first class
mail upon each party, the commissioner of revenue, and the
attorney general. Fees and expenses may be awarded as provided
in sections 15.471 to 15.475 15.474. The provisions for
judicial review under sections 14.63 to 14.68 apply to decisions
of the administrative law judge under this subdivision.
Sec. 71. Minnesota Statutes 1996, section 325F.84,
subdivision 1, is amended to read:
Subdivision 1. [APPLICABILITY.] As used in sections
325F.84 to 325F.98 325F.97, the following terms have the
meanings given them.
PART C
Sec. 72. [RETROACTIVE EFFECTIVE DATE.]
Sections 2 to 71 are effective retroactive to October 15,
1995.
ARTICLE 3
CHICANO/LATINO AFFAIRS COUNCIL
Section 1. Minnesota Statutes 1996, 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 Chicano/Latino
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. 2. Minnesota Statutes 1996, section 15.441,
subdivision 1, is amended to read:
Subdivision 1. [STATE AGENCIES; BILINGUAL EMPLOYEES.]
Every state agency that is directly involved in furnishing
information or rendering services to the public and that serves
a substantial number of non-English-speaking people shall employ
enough qualified bilingual persons in public contact positions,
or enough interpreters to assist those in these positions, to
ensure provision of information and services in the language
spoken by a substantial number of non-English-speaking people.
The commissioner of administration shall determine the
application of this section to each state agency, in
consultation with the council on affairs of Spanish-speaking
Chicano/Latino people, groups representing other
non-English-speaking people, and the head of the agency. In
determining what constitutes a substantial number of
non-English-speaking people, the commissioner shall consider:
(1) the number of people served by the agency;
(2) the number of non-English-speaking people served by the
agency;
(3) the frequency with which non-English-speaking people
are served by the agency; and
(4) the extent to which information or services rendered by
the agency affect legal rights, privileges, or duties.
Sec. 3. Minnesota Statutes 1996, section 121.1601,
subdivision 3, is amended to read:
Subd. 3. [ADVISORY BOARD.] The commissioner shall
establish an advisory board composed of:
(1) eight superintendents, each of whom shall be selected
by the superintendents of the school districts located in whole
or in part within each of the eight metropolitan districts
established under section 473.123, subdivision 3c; and
(2) one person each selected by the Indian affairs council,
the council on Asian-Pacific Minnesotans, the council on Black
Minnesotans, and the Spanish Speaking Affairs council on affairs
of Chicano/Latino people.
The advisory board shall advise the office on complying
with the requirements under subdivision 1. The advisory board
may solicit comments from teachers, parents, students, and
interested community organizations and others.
Sec. 4. Minnesota Statutes 1996, section 148C.11,
subdivision 3, is amended to read:
Subd. 3. [FEDERALLY RECOGNIZED TRIBES; ETHNIC MINORITIES.]
(a) Alcohol and drug counselors licensed to practice alcohol and
drug counseling according to standards established by federally
recognized tribes, while practicing under tribal jurisdiction,
are exempt from the requirements of this chapter. In practicing
alcohol and drug counseling under tribal jurisdiction,
individuals licensed under that authority shall be afforded the
same rights, responsibilities, and recognition as persons
licensed pursuant to this chapter.
(b) The commissioner shall develop special licensing
criteria for issuance of a license to alcohol and drug
counselors who: (1) are members of ethnic minority groups; or
(2) are employed by private, nonprofit agencies, including
agencies operated by private, nonprofit hospitals, whose primary
agency service focus addresses ethnic minority populations.
These licensing criteria may differ from the licensing criteria
specified in section 148C.04. To develop these criteria, the
commissioner shall establish a committee comprised of but not
limited to representatives from the council on hearing impaired,
the council on affairs of Spanish-speaking Chicano/Latino
people, the council on Asian-Pacific Minnesotans, the council on
Black Minnesotans, and the Indian affairs council.
Sec. 5. Minnesota Statutes 1996, section 242.56,
subdivision 3, is amended to read:
Subd. 3. [ADVISORY GROUP.] The commissioner shall appoint
an advisory group to assist in selecting sites under this
section. The commissioner shall include among the members of
the group representatives of the following: the council on
Black Minnesotans, the council on the affairs of
Spanish-speaking Chicano/Latino people, the council on
Asian-Pacific Minnesotans, the Indian affairs council, the
commissioner of children, families, and learning, community
corrections officials, county corrections officials, the
association of counties, and the association of county probation
officers.
Sec. 6. Minnesota Statutes 1996, section 257.072,
subdivision 5, is amended to read:
Subd. 5. [MINORITY PLACEMENTS.] Beginning December 1,
1996, the commissioner shall provide to the Indian affairs
council, the council on affairs of Spanish-speaking
Chicano/Latino people, the council on Black Minnesotans, and the
council on Asian-Pacific Minnesotans the annual report required
under section 257.0725.
Sec. 7. Minnesota Statutes 1996, section 257.0755,
subdivision 1, is amended to read:
Subdivision 1. [CREATION.] One ombudsperson shall operate
independently from but in collaboration with each of the
following groups: the Indian affairs council,
the Spanish-Speaking affairs council on affairs of
Chicano/Latino people, the council on Black Minnesotans, and the
council on Asian-Pacific Minnesotans.
Sec. 8. Minnesota Statutes 1996, section 257.0768,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP.] Four community-specific
boards are created. Each board consists of five members. The
chair of each of the following groups shall appoint the board
for the community represented by the group: the Indian affairs
council; the Spanish-Speaking Affairs council on affairs of
Chicano/Latino people; the council on Black Minnesotans; and the
council on Asian-Pacific Minnesotans. In making appointments,
the chair must consult with other members of the council.
Sec. 9. Minnesota Statutes 1996, section 257.0769, is
amended to read:
257.0769 [FUNDING FOR THE OMBUDSPERSON PROGRAM.]
(a) Money is appropriated from the special fund authorized
by section 256.01, subdivision 2, clause (15), to the Indian
affairs council for the purposes of sections 257.0755 to
257.0768.
(b) Money is appropriated from the special fund authorized
by section 256.01, subdivision 2, clause (15), to the
Spanish-speaking Affairs council on affairs of Chicano/Latino
people for the purposes of sections 257.0755 to 257.0768.
(c) Money is appropriated from the special fund authorized
by section 256.01, subdivision 2, clause (15), to the Council of
Black Minnesotans for the purposes of sections 257.0755 to
257.0768.
(d) Money is appropriated from the special fund authorized
by section 256.01, subdivision 2, clause (15), to the Council on
Asian-Pacific Minnesotans for the purposes of sections 257.0755
to 257.0768.
Sec. 10. Minnesota Statutes 1996, section 260.152,
subdivision 2, is amended to read:
Subd. 2. [PROGRAM COMPONENTS.] (a) The commissioner of
human services shall, in consultation with the Indian affairs
council, the council on affairs of Spanish-speaking
Chicano/Latino people, the council on Black Minnesotans, and the
council on Asian-Pacific Minnesotans, provide grants to the
counties for the pilot projects. The projects shall build upon
the existing service capabilities in the community and must
include availability of screening for mental health problems of
children who are alleged or found to be delinquent and children
who are reported as being or found to be in need of protection
or services.
(b) The projects must include referral for mental health
assessment of all children for whom the screening indicates a
need. This assessment is to be provided by the appropriate
mental health professional. If the child is of a minority race
or minority ethnic heritage, the mental health professional must
be skilled in and knowledgeable about the child's racial and
ethnic heritage, or must consult with a special mental health
consultant who has such knowledge so that the assessment is
relevant, culturally specific, and sensitive to the child's
cultural needs.
(c) Upon completion of the assessment, the project must
provide or ensure access to nonresidential mental health
services identified as needed in the assessment.
Sec. 11. Minnesota Statutes 1996, section 260.152,
subdivision 3, is amended to read:
Subd. 3. [SCREENING TOOL.] The commissioner of human
services and the commissioner of corrections, in consultation
with the Indian affairs council, the council on affairs of
Spanish-speaking Chicano/Latino people, the council on Black
Minnesotans, and the council on Asian-Pacific Minnesotans, shall
jointly develop a model screening tool to screen children to
determine if a mental health assessment is needed. This tool
must contain specific questions to identify potential mental
health problems. In implementing a pilot project, a county must
either use this model tool or another screening tool approved by
the commissioner of human services which meets the requirements
of this section.
Sec. 12. Minnesota Statutes 1996, section 260.152,
subdivision 6, is amended to read:
Subd. 6. [EVALUATION.] The commissioner of human services
and the commissioner of corrections shall, in consultation with
the Indian affairs council, the council on affairs
of Spanish-speaking Chicano/Latino people, the council on Black
Minnesotans, and the council on Asian-Pacific Minnesotans,
develop systems and procedures for evaluating the pilot
projects. The departments must develop an interagency
management information system to track children who receive
mental health services. The system must be designed to meet the
information needs of the agencies involved and to provide a
basis for evaluating outcome data. The system must be designed
to track the mental health treatment of children released from
custody and to improve the planning, delivery, and evaluation of
services and increase interagency collaboration. The evaluation
protocol must be designed to measure the impact of the program
on juvenile recidivism, school performance, and state and county
budgets.
ARTICLE 4
CONSTITUTIONAL CITATIONS
Section 1. Minnesota Statutes 1996, section 360.013,
subdivision 20, is amended to read:
Subd. 20. [MUNICIPALITY.] "Municipality" means a city of
any class, including a city organized under a charter framed
pursuant to the Constitution of the State of Minnesota, Article
4, Section 36, Article XI, Section 4, or Article XII, Section 5,
a county, a town, or a statutory city in this state, the regents
of the University of Minnesota, and any other political
subdivision, public corporation, authority, or district in this
state which is or may be authorized by law to acquire,
establish, construct, maintain, improve, and operate airports
and other air navigation facilities.
Sec. 2. Minnesota Statutes 1996, section 427.02, is
amended to read:
427.02 [DEPOSITORIES.]
The council of any city in this state, but not including
cities when governed under a charter adopted under and pursuant
to the Constitution of the state of Minnesota, article IV,
section 36, article XI, section 4, or article XII, section 5,
and sections 410.03 to 410.24, and 441.01 to 441.09, and all
acts supplemental thereto, in which charter the matter of
designating depositories for city funds and the protection
thereof is provided for, or in which charter it shall hereafter
be provided for, shall have the power and authority to designate
or redesignate at the beginning of each calendar year, or from
time to time, the banks or other legal depositories of any city
in which the treasurer of the city shall deposit and keep the
moneys of the city, designating in each instance the maximum
amount which may at any time be kept in any one of these
depositories, which maximum amount shall in no case exceed 25
percent of the paid-up capital and surplus of the depository,
unless the depository shall deposit with the treasurer of the
city United States government bonds to secure the deposit of the
funds of the city; and, in that event, the amount so deposited
shall not exceed the amount of the United States government
bonds so deposited. No depository shall deposit United States
government bonds which mature within one year from the date such
bonds were first considered as a part of the bank's reserve and
which reserves are required by section 48.221. The council of
each city shall, at all times, designate depositories in the
city, or elsewhere in the United States, sufficient for the
depository of all funds which are likely to be in the hands of
the treasurer of the city at any one time and shall, so far as
consistent with the best interest of the city, designate these
depositories in the city and require from these depositories
good and sufficient bonds payable to the city in a penal sum not
to exceed the amount designated as the limit of deposit therein,
and conditioned for the safekeeping and payment of funds so
deposited, or, in lieu thereof, good and sufficient collateral
as provided for by section 118A.03.
Sec. 3. Minnesota Statutes 1996, section 435.27, is
amended to read:
435.27 [APPLICATION.]
Section 435.26 shall be applicable to cities governed by a
charter adopted pursuant to the Constitution of the State of
Minnesota, Article 4, Section 36, Article XI, Section 4, or
Article XII, Section 5.
Sec. 4. Minnesota Statutes 1996, section 458.40, is
amended to read:
458.40 [MUST VOTE TO ISSUE BONDS IF CHARTER SAYS SO.]
If a charter adopted under the Minnesota Constitution,
article IV, section 36, article XI, section 4, or article XII,
section 5, has a provision that requires the question of the
issuance of bonds to be submitted to the electors, the provision
prevails over sections 458.36 to 458.40.
Sec. 5. Minnesota Statutes 1996, section 463.01, is
amended to read:
463.01 [BUILDING LINES, EASEMENTS; EXISTING STRUCTURES.]
The council of any city, including any city of this state
operating under a home rule charter adopted pursuant to the
Constitution of the State of Minnesota, Article 4, Section
36, Article XI, Section 4, or Article XII, Section 5, may
establish along any street or highway within such city a
building line upon the land adjoining such street or highway, or
any portion thereof, and distant not more than 50 feet from the
margin of such street or highway, and may, in behalf of the
city, acquire an easement in the land between such line and
exterior street line, such that no buildings or structures shall
be erected or maintained upon this land. Such easement shall be
known as a building line easement. The governing body may, at
the time they designate the easement to be acquired and define
the line by which it is bounded, provide in the resolution
designating such easement that buildings or structures or any
portions of buildings or structures existing within the
boundaries of the easement at that time may remain thereon for
stated periods of time or remain thereon during the life of such
buildings or structures or portions thereof, but no alteration
of any such buildings or structures or portions thereof upon
such easement shall be permitted after the designation of such
easements, and when such buildings are removed no other
buildings or structures shall be erected thereon. Such
permission to maintain existing structures upon such easement
shall be clearly defined as to time in such resolution and shall
confer the right upon the owner of such buildings or structures
or portions thereof to maintain the same as defined in such
resolution.
Sec. 6. Minnesota Statutes 1996, section 465.15, is
amended to read:
465.15 [CITIES MAY ACQUIRE EXEMPT PROPERTY.]
Each city of the first class now or hereafter having a
population of 50,000 inhabitants or more, including each such
city operating under a charter adopted pursuant to the
provisions of the Constitution of the State of Minnesota,
article IV, section 36, article XI, section 4, or article XII,
section 5, is hereby authorized and empowered to acquire by
purchase, condemnation, or otherwise any right or interest in
land either platted or unplatted within the limits of the city,
which interest in land consists of a right or privilege in the
owner of the land to offset certain amounts against special
assessments levied by the governing body, the city council, or
the board of park commissioners of such city for park or parkway
purposes, or both.
Sec. 7. Minnesota Statutes 1996, section 465.20, is
amended to read:
465.20 [APPLICATION.]
Sections 465.19 and 465.20 shall apply to all cities
including those now or hereafter governed by a charter adopted
pursuant to the Constitution of the state of Minnesota, article
IV, section 36, article XI, section 4, or article XII, section 5.
Sec. 8. Minnesota Statutes 1996, section 469.183,
subdivision 4, is amended to read:
Subd. 4. [ADDITIONAL POWERS.] The authority granted in
this section is in addition to all existing power and authority
of any city operating under a home rule charter adopted in
pursuance of the Constitution of the state of Minnesota, article
IV, section 36, article XI, section 4, or article XII, section 5.
ARTICLE 5
EMERGENCY RULES
Section 1. Minnesota Statutes 1996, section 18C.121,
subdivision 1, is amended to read:
Subdivision 1. [ADMINISTRATION.] The commissioner may
adopt emergency or permanent rules necessary to implement and
enforce this chapter. The rules must conform to national
standards in a manner that is practicable and consistent with
state law.
Sec. 2. Minnesota Statutes 1996, section 18C.575,
subdivision 1, is amended to read:
Subdivision 1. [FOR ADMINISTRATION.] The commissioner may
adopt emergency or permanent rules necessary to administer
sections 18C.531 to 18C.575.
Sec. 3. Minnesota Statutes 1996, section 19.51,
subdivision 1, is amended to read:
Subdivision 1. [ENFORCEMENT; RULES.] The commissioner
shall enforce sections 19.50 to 19.65. The commissioner may
make all necessary examinations and inspections, and adopt
emergency or permanent rules necessary to enforce sections 19.50
to 19.65 promptly and effectively. The commissioner may employ
classified civil service employees necessary to administer
sections 19.50 to 19.65, and may contract with individuals to
serve as authorized agents.
Sec. 4. Minnesota Statutes 1996, section 31.874, is
amended to read:
31.874 [DISEASE CONTROL.]
If the commissioner of agriculture finds that a disease or
foreign matter is actually transmitted by a method of dispensing
bulk foods that is permitted by section 31.84, the commissioner
may adopt emergency or permanent rules more restrictive on the
sale of that food than section 31.84. The rules must address
the specific relationship between the disease or foreign matter
being transmitted and the dispensing methods permitted by
section 31.84.
Sec. 5. Minnesota Statutes 1996, section 32.532, is
amended to read:
32.532 [ENFORCEMENT.]
The commissioner is authorized and directed to administer
and supervise the enforcement of sections 32.53 to 32.534; to
provide for such periodic inspections and investigations as the
commissioner may deem necessary to disclose violations; to
receive and provide for the investigation of complaints; and to
provide for the institution and prosecution of civil or criminal
actions or both. The provisions of these sections may be
enforced by injunction in any court having jurisdiction to grant
injunctive relief. Artificial dairy products involved in a
violation of these sections are subject to seizure and
disposition in accordance with an appropriate court order or a
rule adopted by the commissioner. The commissioner may adopt
emergency or permanent rules necessary to implement and
administer sections 32.53 to 32.534.
Sec. 6. Minnesota Statutes 1996, section 32.71,
subdivision 1, is amended to read:
Subdivision 1. [DUTIES; RULES.] The commissioner shall
adopt emergency and permanent rules to implement and administer
sections 32.70 to 32.74 as necessary.
Sec. 7. Minnesota Statutes 1996, section 41.53,
subdivision 2, is amended to read:
Subd. 2. [RULES.] The commissioner may adopt emergency or
permanent rules necessary for the efficient administration of
sections 41.51 to 41.57; 41.58, subdivisions 1 and 2; 41.59,
subdivision 1; and 41.61.
Sec. 8. Minnesota Statutes 1996, section 41A.09,
subdivision 4, is amended to read:
Subd. 4. [RULEMAKING AUTHORITY.] The commissioner shall
adopt emergency and permanent rules to implement this section.
Sec. 9. Minnesota Statutes 1996, section 62N.05,
subdivision 1, is amended to read:
Subdivision 1. [RULES.] The commissioner, in consultation
with the commission, may adopt emergency and permanent rules to
establish more detailed requirements governing integrated
service networks in accordance with this chapter.
Sec. 10. Minnesota Statutes 1996, section 62N.24, is
amended to read:
62N.24 [REVIEW OF RULES.]
The commissioner of health shall mail copies of all
proposed emergency and permanent rules that are being
promulgated under this chapter to each member of the legislative
commission on health care access prior to final adoption by the
commissioner.
Sec. 11. Minnesota Statutes 1996, section 144A.073,
subdivision 3, is amended to read:
Subd. 3. [REVIEW AND APPROVAL OF PROPOSALS.] Within the
limits of money specifically appropriated to the medical
assistance program for this purpose, the interagency long-term
care planning committee may recommend that the commissioner of
health grant exceptions to the nursing home licensure or
certification moratorium for proposals that satisfy the
requirements of this section. The interagency committee shall
appoint an advisory review panel composed of representatives of
consumers and providers to review proposals and provide comments
and recommendations to the committee. The commissioners of
human services and health shall provide staff and technical
assistance to the committee for the review and analysis of
proposals. The interagency committee shall hold a public
hearing before submitting recommendations to the commissioner of
health on project requests. The committee shall submit
recommendations within 150 days of the date of the publication
of the notice. The commissioner of health shall approve or
disapprove a project within 30 days after receiving the
committee's recommendations. The advisory review panel, the
committee, and the commissioner of health shall base their
recommendations, approvals, or disapprovals on a comparison and
ranking of proposals using only the criteria in subdivision 4
and in emergency and permanent rules adopted by the
commissioner. The cost to the medical assistance program of the
proposals approved must be within the limits of the
appropriations specifically made for this purpose. Approval of
a proposal expires 18 months after approval by the commissioner
of health unless the facility has commenced construction as
defined in section 144A.071, subdivision 1a, paragraph (d). The
committee's report to the legislature, as required under section
144A.31, must include the projects approved, the criteria used
to recommend proposals for approval, and the estimated costs of
the projects, including the costs of initial construction and
remodeling, and the estimated operating costs during the first
two years after the project is completed.
Sec. 12. Minnesota Statutes 1996, section 148B.23,
subdivision 3, is amended to read:
Subd. 3. [TEMPORARY RULEMAKING AUTHORITY.] The board is
authorized to adopt emergency and permanent rules to implement
this section.
Sec. 13. Minnesota Statutes 1996, section 176.108, is
amended to read:
176.108 [LIGHT-DUTY WORK POOLS.]
Employers may form light-duty work pools for the purpose of
encouraging the return to work of injured employees. The
commissioner may adopt emergency and permanent rules necessary
to implement this section.
Sec. 14. Minnesota Statutes 1996, section 176.1351,
subdivision 5, is amended to read:
Subd. 5. [REVOCATION, SUSPENSION, AND REFUSAL TO CERTIFY;
PENALTIES AND ENFORCEMENT.] (a) The commissioner shall refuse to
certify or shall revoke or suspend the certification of a
managed care plan if the commissioner finds that the plan for
providing medical or health care services fails to meet the
requirements of this section, or service under the plan is not
being provided in accordance with the terms of a certified plan.
(b) In lieu of or in addition to suspension or revocation
under paragraph (a), the commissioner may, for any noncompliance
with the managed care plan as certified or any violation of a
statute or rule applicable to a managed care plan, assess an
administrative penalty payable to the special compensation fund
in an amount up to $25,000 for each violation or incidence of
noncompliance. The commissioner may adopt emergency or
permanent rules necessary to implement this subdivision. In
determining the level of an administrative penalty, the
commissioner shall consider the following factors:
(1) the number of workers affected or potentially affected
by the violation or noncompliance;
(2) the effect or potential effect of the violation or
noncompliance on workers' health, access to health services, or
workers' compensation benefits;
(3) the effect or potential effect of the violation or
noncompliance on workers' understanding of their rights and
obligations under the workers' compensation law and rules;
(4) whether the violation or noncompliance is an isolated
incident or part of a pattern of violations; and
(5) the potential or actual economic benefits derived by
the managed care plan or a participating provider by virtue of
the violation or noncompliance.
The commissioner shall give written notice to the managed
care plan of the penalty assessment and the reasons for the
penalty. The managed care plan has 30 days from the date the
penalty notice is issued within which to file a written request
for an administrative hearing and review of the commissioner's
determination pursuant to section 176.85, subdivision 1.
(c) If the commissioner, for any reason, has cause to
believe that a managed care plan has or may violate a statute or
rule or a provision of the managed care plan as certified, the
commissioner may, before commencing action under paragraph (a)
or (b), call a conference with the managed care plan and other
persons who may be involved in the suspected violation or
noncompliance for the purpose of ascertaining the facts relating
to the suspected violation or noncompliance and arriving at an
adequate and effective means of correcting or preventing the
violation or noncompliance. The commissioner may enter into
stipulated consent agreements with the managed care plan for
corrective or preventive action or the amount of the penalty to
be paid. Proceedings under this paragraph shall not be governed
by any formal procedural requirements, and may be conducted in a
manner the commissioner deems appropriate under the
circumstances.
(d) The commissioner may issue an order directing a managed
care plan or a representative of a managed care plan to cease
and desist from engaging in any act or practice that is not in
compliance with the managed care plan as certified, or that it
is in violation of an applicable statute or rule. Within 30
days of service of the order, the managed care plan may request
review of the cease and desist order by an administrative law
judge pursuant to chapter 14. The decision of the
administrative law judge shall include findings of fact,
conclusions of law and appropriate orders, which shall be the
final decision of the commissioner. In the event of
noncompliance with a cease and desist order, the commissioner
may institute a proceeding in district court to obtain
injunctive or other appropriate relief.
(e) A managed care plan, participating health care
provider, or an employer or insurer that receives services from
the managed care plan, shall cooperate fully with an
investigation by the commissioner. For purposes of this
section, cooperation includes, but is not limited to, attending
a conference called by the commissioner under paragraph (c),
responding fully and promptly to any questions relating to the
subject of the investigation, and providing copies of records,
reports, logs, data, and other information requested by the
commissioner to assist in the investigation.
(f) Any person acting on behalf of a managed care plan who
knowingly submits false information in any report required to be
filed by a managed care plan is guilty of a misdemeanor.
Sec. 15. Minnesota Statutes 1996, section 176.1351,
subdivision 6, is amended to read:
Subd. 6. [RULES.] The commissioner may adopt emergency or
permanent rules necessary to implement this section.
Sec. 16. Minnesota Statutes 1996, section 176.1812,
subdivision 7, is amended to read:
Subd. 7. [RULES.] The commissioner may adopt emergency or
permanent rules necessary to implement this section.
Sec. 17. Minnesota Statutes 1996, section 176.83,
subdivision 5, is amended to read:
Subd. 5. [TREATMENT STANDARDS FOR MEDICAL SERVICES.] In
consultation with the medical services review board or the
rehabilitation review panel, the commissioner shall adopt
emergency and permanent rules establishing standards and
procedures for health care provider treatment. The rules shall
apply uniformly to all providers including those providing
managed care under section 176.1351. The rules shall be used to
determine whether a provider of health care services and
rehabilitation services, including a provider of medical,
chiropractic, podiatric, surgical, hospital, or other services,
is performing procedures or providing services at a level or
with a frequency that is excessive, unnecessary, or
inappropriate under section 176.135, subdivision 1, based upon
accepted medical standards for quality health care and accepted
rehabilitation standards.
The rules shall include, but are not limited to, the
following:
(1) criteria for diagnosis and treatment of the most common
work-related injuries including, but not limited to, low back
injuries and upper extremity repetitive trauma injuries;
(2) criteria for surgical procedures including, but not
limited to, diagnosis, prior conservative treatment, supporting
diagnostic imaging and testing, and anticipated outcome
criteria;
(3) criteria for use of appliances, adaptive equipment, and
use of health clubs or other exercise facilities;
(4) criteria for diagnostic imaging procedures;
(5) criteria for inpatient hospitalization; and
(6) criteria for treatment of chronic pain.
If it is determined by the payer that the level, frequency
or cost of a procedure or service of a provider is excessive,
unnecessary, or inappropriate according to the standards
established by the rules, the provider shall not be paid for the
procedure, service, or cost by an insurer, self-insurer, or
group self-insurer, and the provider shall not be reimbursed or
attempt to collect reimbursement for the procedure, service, or
cost from any other source, including the employee, another
insurer, the special compensation fund, or any government
program unless the commissioner or compensation judge determines
at a hearing or administrative conference that the level,
frequency, or cost was not excessive under the rules in which
case the insurer, self-insurer, or group self-insurer shall make
the payment deemed reasonable.
A rehabilitation provider who is determined by the
rehabilitation review panel board, after hearing, to be
consistently performing procedures or providing services at an
excessive level or cost may be prohibited from receiving any
further reimbursement for procedures or services provided under
this chapter. A prohibition imposed on a provider under this
subdivision may be grounds for revocation or suspension of the
provider's license or certificate of registration to provide
health care or rehabilitation service in Minnesota by the
appropriate licensing or certifying body. The commissioner and
medical services review board shall review excessive,
inappropriate, or unnecessary health care provider treatment
under section 176.103.
Sec. 18. Minnesota Statutes 1996, section 182.676, is
amended to read:
182.676 [SAFETY COMMITTEES.]
Every public or private employer of more than 25 employees
shall establish and administer a joint labor-management safety
committee.
Every public or private employer of 25 or fewer employees
shall establish and administer a safety committee if:
(1) the employer has a lost workday cases incidence rate in
the top ten percent of all rates for employers in the same
industry; or
(2) the workers' compensation premium classification
assigned to the greatest portion of the payroll for the employer
has a pure premium rate as reported by the workers' compensation
rating association in the top 25 percent of premium rates for
all classes.
A safety committee must hold regularly scheduled meetings
unless otherwise provided in a collective bargaining agreement.
Employee safety committee members must be selected by
employees. An employer that fails to establish or administer a
safety committee as required by this section may be cited by the
commissioner. A citation is punishable as a serious violation
under section 182.666.
The commissioner may adopt emergency or permanent rules
necessary to implement this section.
Sec. 19. Minnesota Statutes 1996, section 223.19, is
amended to read:
223.19 [RULES.]
The commissioner may make emergency or permanent rules
pursuant to chapter 14 to carry out the provisions of sections
223.15 to 223.22.
Sec. 20. Minnesota Statutes 1996, section 237.711, is
amended to read:
237.711 [IMPLEMENTATION RULES.]
The commission may adopt emergency and permanent rules to
implement Laws 1988, chapter 621, sections 1 to 16.
Sec. 21. Minnesota Statutes 1996, section 244.09,
subdivision 13, is amended to read:
Subd. 13. [RULEMAKING POWER.] The commission shall have
authority to promulgate emergency and permanent rules to carry
out the purposes of subdivision 5.
Sec. 22. Minnesota Statutes 1996, section 245.4886,
subdivision 2, is amended to read:
Subd. 2. [GRANT APPLICATION AND REPORTING REQUIREMENTS.]
To apply for a grant a county board shall submit an application
and budget for the use of the money in the form specified by the
commissioner. The commissioner shall make grants only to
counties whose applications and budgets are approved by the
commissioner. In awarding grants, the commissioner shall give
priority to those counties whose applications indicate plans to
collaborate in the development, funding, and delivery of
services with other agencies in the local system of care. The
commissioner may adopt emergency and permanent rules to govern
grant applications, approval of applications, allocation of
grants, and maintenance of financial statements by grant
recipients and may establish grant requirements for the fiscal
year ending June 30, 1992, without adopting rules. The
commissioner shall specify requirements for reports, including
quarterly fiscal reports, according to section 256.01,
subdivision 2, paragraph (17). The commissioner shall require
collection of data and periodic reports which the commissioner
deems necessary to demonstrate the effectiveness of each service
in realizing the stated purpose as specified for family
community support in section 245.4884, subdivision 1;
therapeutic support of foster care in section 245.4884,
subdivision 4; professional home-based family treatment in
section 245.4884, subdivision 3; day treatment in section
245.4884, subdivision 2; and case management in section 245.4881.
Sec. 23. Minnesota Statutes 1996, section 245.62,
subdivision 2, is amended to read:
Subd. 2. [DEFINITION.] A community mental health center is
a private nonprofit corporation or public agency approved under
the emergency and permanent rules promulgated by the
commissioner pursuant to subdivision 4.
Sec. 24. Minnesota Statutes 1996, section 245.62,
subdivision 4, is amended to read:
Subd. 4. [RULES.] The commissioner shall promulgate
emergency and permanent rules to establish standards for the
designation of an agency as a community mental health center.
These standards shall include, but are not limited to:
(a) provision of mental health services in the prevention,
identification, treatment and aftercare of emotional disorders,
chronic and acute mental illness, mental retardation and
developmental disabilities, and alcohol and drug abuse and
dependency, including the services listed in section 245.61
except detoxification services;
(b) establishment of a community mental health center board
pursuant to section 245.66; and
(c) approval pursuant to section 245.69, subdivision 2.
Sec. 25. Minnesota Statutes 1996, section 245.69,
subdivision 2, is amended to read:
Subd. 2. The commissioner of human services has the
authority to approve or disapprove public and private mental
health centers and public and private mental health clinics for
the purposes of section 62A.152, subdivision 2. For the
purposes of this subdivision the commissioner shall promulgate
both emergency and permanent rules in accordance with sections
14.001 to 14.69. The rules shall require each applicant to pay
a fee to cover costs of processing applications and determining
compliance with the rules and this subdivision. The
commissioner may contract with any state agency, individual,
corporation or association to which the commissioner shall
delegate all but final approval and disapproval authority to
determine compliance or noncompliance.
(a) Each approved mental health center and each approved
mental health clinic shall have a multidisciplinary team of
professional staff persons as required by rule. A mental health
center or mental health clinic may provide the staffing required
by rule by means of written contracts with professional persons
or with other health care providers. Any personnel
qualifications developed by rule shall be consistent with any
personnel standards developed pursuant to chapter 214.
(b) Each approved mental health clinic and each approved
mental health center shall establish a written treatment plan
for each outpatient for whom services are reimbursable through
insurance or public assistance. The treatment plan shall be
developed in accordance with the rules and shall include a
patient history, treatment goals, a statement of diagnosis and a
treatment strategy. The clinic or center shall provide access
to hospital admission as a bed patient as needed by any
outpatient. The clinic or center shall ensure ongoing
consultation among and availability of all members of the
multidisciplinary team.
(c) As part of the required consultation, members of the
multidisciplinary team shall meet at least twice monthly to
conduct case reviews, peer consultations, treatment plan
development and in-depth case discussion. Written minutes of
these meetings shall be kept at the clinic or center for three
years.
(d) Each approved center or clinic shall establish
mechanisms for quality assurance and submit documentation
concerning the mechanisms to the commissioner as required by
rule, including:
(1) Continuing education of each professional staff person;
(2) An ongoing internal utilization and peer review plan
and procedures;
(3) Mechanisms of staff supervision; and
(4) Procedures for review by the commissioner or a delegate.
(e) The commissioner shall disapprove an applicant, or
withdraw approval of a clinic or center, which the commissioner
finds does not comply with the requirements of the rules or this
subdivision. A clinic or center which is disapproved or whose
approval is withdrawn is entitled to a contested case hearing
and judicial review pursuant to sections 14.01 to 14.69.
(f) Data on individuals collected by approved clinics and
centers, including written minutes of team meetings, is private
data on individuals within the welfare system as provided in
chapter 13.
(g) Each center or clinic that is approved and in
compliance with the commissioner's existing rule on July 1, 1980
is approved for purposes of section 62A.152, subdivision 2,
until rules are promulgated to implement this section.
Sec. 26. Minnesota Statutes 1996, section 252.275,
subdivision 6, is amended to read:
Subd. 6. [RULES.] The commissioner may adopt emergency and
permanent rules in accordance with chapter 14 to govern
allocation, reimbursement, and compliance.
Sec. 27. Minnesota Statutes 1996, section 252.291,
subdivision 5, is amended to read:
Subd. 5. [RULEMAKING.] The commissioner of human services
shall promulgate emergency and permanent rules pursuant to
chapter 14, the administrative procedure act, to implement this
section.
Sec. 28. Minnesota Statutes 1996, section 256.736,
subdivision 7, is amended to read:
Subd. 7. [RULEMAKING.] The commissioner of human services,
in cooperation with the commissioner of economic security, may
adopt permanent and emergency rules necessary to qualify for any
federal funds available under this section and to carry out this
section.
Sec. 29. Minnesota Statutes 1996, section 256.82,
subdivision 4, is amended to read:
Subd. 4. [RULES.] The commissioner shall adopt emergency
and permanent rules to implement subdivision 3. In developing
rules, the commissioner shall take into consideration any
existing difficulty of care payment rates so that, to the extent
possible, no child for whom a difficulty of care rate is
currently established will be adversely affected.
Sec. 30. Minnesota Statutes 1996, section 256B.092,
subdivision 6, is amended to read:
Subd. 6. [RULES.] The commissioner shall adopt emergency
and permanent rules to establish required controls,
documentation, and reporting of services provided in order to
assure proper administration of the approved waiver plan, and to
establish policy and procedures to reduce duplicative efforts
and unnecessary paperwork on the part of case managers.
Sec. 31. Minnesota Statutes 1996, section 256B.49,
subdivision 2, is amended to read:
Subd. 2. [RULES.] The commissioner of human services may
adopt emergency and permanent rules as necessary to implement
subdivision 1.
Sec. 32. Minnesota Statutes 1996, section 256D.03,
subdivision 7, is amended to read:
Subd. 7. [DUTIES OF THE COMMISSIONER.] The commissioner
shall promulgate emergency and permanent rules as necessary to
establish:
(a) standards of eligibility, utilization of services, and
payment levels;
(b) standards for quality assurance, surveillance, and
utilization review procedures that conform to those established
for the medical assistance program pursuant to chapter 256B,
including general criteria and procedures for the identification
and prompt investigation of suspected fraud, theft, abuse,
presentment of false or duplicate claims, presentment of claims
for services not medically necessary, or false statements or
representations of material facts by a vendor or recipient of
general assistance medical care, and for the imposition of
sanctions against such vendor or recipient of medical care. The
rules relating to sanctions shall be consistent with the
provisions of section 256B.064, subdivisions 1a and 2; and
(c) administrative and fiscal procedures for payment of the
state share of the medical costs incurred by the counties under
section 256D.02, subdivision 4a. Rules promulgated pursuant to
this clause may include: (1) procedures by which state
liability for the costs of medical care incurred pursuant to
section 256D.02, subdivision 4a may be deducted from county
liability to the state under any other public assistance program
authorized by law; (2) procedures for processing claims of
counties for reimbursement by the state for expenditures for
medical care made by the counties pursuant to section 256D.02,
subdivision 4a; and (3) procedures by which the county agencies
may contract with the commissioner of human services for state
administration of general assistance medical care payments.
Sec. 33. Minnesota Statutes 1996, section 259.71,
subdivision 5, is amended to read:
Subd. 5. [MEDICAL ASSISTANCE; DUTIES OF THE COMMISSIONER
OF HUMAN SERVICES.] The commissioner of human services shall:
(a) Issue a medical assistance identification card to any
child with special needs who is title IV-E eligible, or who is
not title IV-E eligible but was determined by another state to
have a special need for medical or rehabilitative care, and who
is a resident in this state and is the subject of an adoption
assistance agreement with another state when a certified copy of
the adoption assistance agreement obtained from the adoption
assistance state has been filed with the commissioner. The
adoptive parents shall be required at least annually to show
that the agreement is still in force or has been renewed.
(b) Consider the holder of a medical assistance
identification card under this subdivision as any other
recipient of medical assistance under chapter 256B; process and
make payment on claims for the recipient in the same manner as
for other recipients of medical assistance.
(c) Provide coverage and benefits for a child who is title
IV-E eligible or who is not title IV-E eligible but was
determined to have a special need for medical or rehabilitative
care and who is in another state and who is covered by an
adoption assistance agreement made by the commissioner for the
coverage or benefits, if any, which is not provided by the
resident state. The adoptive parents acting for the child may
submit evidence of payment for services or benefit amounts not
payable in the resident state and shall be reimbursed. However,
there shall be no reimbursement for services or benefit amounts
covered under any insurance or other third party medical
contract or arrangement held by the child or the adoptive
parents.
(d) Publish emergency and permanent rules implementing this
subdivision. Such rules shall include procedures to be followed
in obtaining prior approvals for services which are required for
the assistance.
Sec. 34. Minnesota Statutes 1996, section 268.0122,
subdivision 5, is amended to read:
Subd. 5. [RULEMAKING.] The commissioner may make emergency
and permanent rules to carry out this chapter.
Sec. 35. Minnesota Statutes 1996, section 268.90,
subdivision 3, is amended to read:
Subd. 3. [COMMISSIONER OF ECONOMIC SECURITY.] The
commissioner shall:
(1) make emergency or permanent rules governing plan
content, criteria for approval, and administrative standards;
(2) refer community investment program administrators to
the appropriate state agency for technical assistance in
developing and administering community investment programs;
(3) establish the method by which community investment
programs will be approved or disapproved through the community
investment program plan and the annual update component of the
county plan;
(4) review and comment on community investment program
plans;
(5) institute ongoing methods to monitor and evaluate
community investment programs; and
(6) consult with the commissioner of human services on the
approval of county plans for community investment programs
relating to the participation of public assistance recipients.
Sec. 36. Minnesota Statutes 1996, section 462A.03,
subdivision 10, is amended to read:
Subd. 10. [PERSONS AND FAMILIES OF LOW AND MODERATE
INCOME.] "Persons and families of low and moderate income" means
persons and families, irrespective of race, creed, national
origin, sex, or status with respect to guardianship or
conservatorship, determined by the agency to require such
assistance as is made available by sections 462A.01 to 462A.24
on account of personal or family income not sufficient to afford
adequate housing. In making such determination the agency shall
take into account the following: (a) The amount of the total
income of such persons and families available for housing needs,
(b) the size of the family, (c) the cost and condition of
housing facilities available, (d) the eligibility of such
persons and families to compete successfully in the normal
housing market and to pay the amounts at which private
enterprise is providing sanitary, decent and safe housing. In
the case of federally subsidized mortgages with respect to which
income limits have been established by any agency of the federal
government having jurisdiction thereover for the purpose of
defining eligibility of low and moderate income families, the
limits so established shall govern under the provision of
sections 462A.01 to 462A.24. In all other cases income limits
for the purpose of defining low or moderate income persons shall
be established by the agency by emergency or permanent rules.
Presented to the governor March 10, 1997
Signed by the governor March 11, 1997, 10:20 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes