Office of the Revisor of Statutes
Minnesota Session Laws - 1998, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 254-H.F.No. 2524
An act relating to Minnesota Statutes; correcting
erroneous, ambiguous, and omitted text and obsolete
references; eliminating certain redundant,
conflicting, unconstitutional, and superseded
provisions; making miscellaneous technical corrections
to statutes and other laws; amending Minnesota
Statutes 1996, sections 3C.08, subdivision 1; 3C.12,
subdivision 4; 10A.01, subdivision 19; 10A.323;
11A.04; 14.47, subdivision 3; 15A.082, subdivisions 1
and 3; 16B.51, subdivision 1; 32.70, subdivisions 2
and 10; 47.27, subdivision 1; 47.325; 48.846,
subdivision 3; 62J.17, subdivision 2; 62Q.03,
subdivision 6; 82A.11, subdivision 5; 97A.0455,
subdivision 2; 115A.191, subdivisions 2 and 4;
115B.17, subdivision 6; 115B.25, subdivision 7a;
127.09; 127.17, subdivision 4; 134A.01; 144.651,
subdivision 1; 144A.45, subdivision 2; 144A.46,
subdivision 4; 144A.48, subdivision 2; 145.698,
subdivision 1; 145C.01, subdivision 7; 147.02,
subdivision 1; 147B.01, subdivisions 5, 12, and 16;
147B.02, subdivisions 4, 7, 9, and 12; 147B.03,
subdivisions 1 and 4; 147B.05, subdivision 1; 148B.21,
subdivisions 1 and 8; 148B.24; 148B.27, subdivision
2b; 154.161, subdivision 4; 157.17, subdivision 3;
164.08, subdivision 3; 169.421, subdivisions 5 and 7;
169.792, subdivision 7; 169.86, subdivision 1;
169.871, subdivision 2; 169.965, subdivision 3;
169.966, subdivision 3; 169.971, subdivision 4;
169.99, subdivision 3; 190.08, subdivision 6; 204B.11,
subdivisions 1 and 2; 204B.34, subdivision 3; 204C.35,
subdivision 2; 204D.02, subdivision 1; 204D.08,
subdivision 6; 205A.10, subdivision 2; 206.90,
subdivision 3; 216C.01, subdivision 1; 256.9657,
subdivisions 1a and 7; 257.022, subdivisions 1 and 2a;
257.59, subdivision 1; 268.027; 273.13, subdivision 1;
273.1398, subdivision 6; 273.166, subdivision 2;
284.07; 325F.692, subdivision 2; 345.02; 345.03;
345.14; 346.04; 346.55, subdivision 2; 347.04; 353.01,
subdivision 2a; 383A.281, subdivision 13; 383A.286,
subdivision 2; 383A.404, subdivision 4; 383B.054,
subdivision 6; 383B.057; 383B.121, subdivision 1;
383B.129; 383B.225, subdivision 10; 393.07,
subdivision 9; 395.23; 448.56, subdivision 2; 458D.15;
462.16; 465.48; 473.191, subdivision 2; 473.197,
subdivision 2; 473.608, subdivision 17; 477A.011,
subdivision 27; 477A.0132, subdivision 3; 477A.014,
subdivisions 1 and 3; 480.052; 480.054; 480.055,
subdivision 1; 480.059, subdivision 2; 480.0591,
subdivision 2; 480.19; 484.66, subdivision 2; 485.01;
517.08, subdivision 1b; 550.07; 559.211, subdivision
1; 566.175, subdivision 1; 574.18; 574.34, subdivision
2; 574.35; 611A.21, subdivision 2; 611A.25,
subdivision 1; 617.27; 624.7131, subdivision 8;
624.7132, subdivision 13; 624.714, subdivision 12;
625.01; 626.21; 630.17; 631.04; 643.01; and 643.02;
Minnesota Statutes 1997 Supplement, sections 15.0591,
subdivision 2; 62J.04, subdivision 3; 62J.61,
subdivision 2; 62Q.01, subdivision 3; 85A.02,
subdivision 5b; 115.58, subdivision 2; 119A.15,
subdivision 5a; 144A.45, subdivision 1; 144A.4605,
subdivisions 3 and 4; 148B.20, subdivision 1; 157.17,
subdivision 2; 161.14, subdivision 41; 169.121,
subdivision 3e; 169.123, subdivision 6; 244.09,
subdivision 5; 260.015, subdivision 29; 268.145,
subdivision 1; 274.01, subdivision 1; 275.011,
subdivision 1; 275.065, subdivision 6; 297A.48,
subdivisions 1 and 10; 325D.32, subdivision 4;
325D.415; 326.921; 473.249, subdivision 1; 477A.011,
subdivision 34; 552.04, subdivision 1; 609.749,
subdivision 2; 609.7495, subdivision 1; and 611A.74,
subdivision 1a; repealing Minnesota Statutes 1996,
sections 13.99, subdivision 19g; 148.976; 157.17,
subdivision 4; 256.9657, subdivision 1b; 256E.06,
subdivision 9; 458D.14, subdivision 2; and 484.015;
Laws 1997, chapter 12, article 3, sections 2 and 3;
chapter 187, article 2, sections 11 and 12; chapter
219, section 3; chapter 225, article 2, sections 24,
25, 26, 27, and 28; chapter 226, section 10; and
chapter 239, article 7, section 37.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
GENERAL
Section 1. Minnesota Statutes 1996, section 10A.323, is
amended to read:
10A.323 [MATCHING REQUIREMENTS.]
In addition to the requirements of section 10A.322, to be
eligible to receive a public subsidy under section 10A.31 or
10A.312 a candidate or the candidate's treasurer shall file an
affidavit with the board stating that during that calendar year
the candidate has accumulated contributions from persons
eligible to vote in this state in the amount indicated for the
office sought, counting only the first $50 received from each
contributor:
(1) candidates for governor and lieutenant governor running
together, $35,000;
(2) candidates for attorney general, $15,000;
(3) candidates for secretary of state, state treasurer, and
state auditor, separately, $6,000;
(4) candidates for the senate, $3,000; and
(5) candidates for the house of representatives, $1,500.
To be eligible to receive a public matching subsidy under
section 10A.312, The affidavit must state the total amount of
contributions that have been received from persons eligible to
vote in this state and the total amount of those contributions
received, disregarding the portion of any contribution in excess
of $50.
The candidate or the candidate's treasurer shall submit the
affidavit required by this section to the board in writing by
September 1 of the general election year to receive the payment
based on the results of the primary election, by September 15 to
receive the payment made October 1, by October 1 to receive the
payment made October 15, by November 1 to receive the payment
made November 15, and by December 1 to receive the payment made
December 15.
Sec. 2. Minnesota Statutes 1996, section 11A.04, is
amended to read:
11A.04 [DUTIES AND POWERS.]
The state board shall:
(1) Act as trustees for each fund for which it invests or
manages money in accordance with the standard of care set forth
in section 11A.09 if state assets are involved and in accordance
with chapter 356A if pension assets are involved.
(2) Formulate policies and procedures deemed necessary and
appropriate to carry out its functions. Procedures adopted by
the board must allow fund beneficiaries and members of the
public to become informed of proposed board actions. Procedures
and policies of the board are not subject to the administrative
procedure act.
(3) Employ an executive director as provided in section
11A.07.
(4) Employ investment advisors and consultants as it deems
necessary.
(5) Prescribe policies concerning personal investments of
all employees of the board to prevent conflicts of interest.
(6) Maintain a record of its proceedings.
(7) As it deems necessary, establish advisory committees
subject to section 15.059 to assist the board in carrying out
its duties.
(8) Not permit state funds to be used for the underwriting
or direct purchase of municipal securities from the issuer or
the issuer's agent.
(9) Direct the state treasurer to sell property other than
money that has escheated to the state when the board determines
that sale of the property is in the best interest of the state.
Escheated property must be sold to the highest bidder in the
manner and upon terms and conditions prescribed by the board.
(10) Undertake any other activities necessary to implement
the duties and powers set forth in this section.
(11) Establish a formula or formulas to measure management
performance and return on investment. Except as provided by
section 356.218, Public pension funds in the state shall utilize
the formula or formulas developed by the state board.
(12) Except as otherwise provided in article XI, section 8,
of the constitution of the state of Minnesota, employ, at its
discretion, qualified private firms to invest and manage the
assets of funds over which the state board has investment
management responsibility. There is annually appropriated to
the state board, from the assets of the funds for which the
state board utilizes a private investment manager, sums
sufficient to pay the costs of employing private firms. Each
year, by January 15, the board shall report to the governor and
legislature on the cost and the investment performance of each
investment manager employed by the board.
(13) Adopt an investment policy statement that includes
investment objectives, asset allocation, and the investment
management structure for the retirement fund assets under its
control. The statement may be revised at the discretion of the
state board. The state board shall seek the advice of the
council regarding its investment policy statement. Adoption of
the statement is not subject to chapter 14.
Sec. 3. [REPEALER; SECTION 13.99.]
Minnesota Statutes 1996, section 13.99, subdivision 19g, is
repealed.
Sec. 4. Minnesota Statutes 1996, section 14.47,
subdivision 3, is amended to read:
Subd. 3. [SOURCE OF TEXT.] In order to ensure that the
complete text of rules is included in the first compilation
published pursuant to subdivision 1, clause (2), and containing
the revisor's certificate, the revisor may use the Minnesota
Code of Agency Rules, the State Register, the rule files of the
secretary of state, the files of individual agencies, the
records of the administrative law judge's office, and the
records of the attorney general. The revisor is not required to
compare the text of a rule as shown by the other possible source
documents with the text of the rule in the secretary of state's
file.
If any comparison of documents shows there is a material
discrepancy in the text of the rule, the revisor shall include
in Minnesota Rules the text in the secretary of state's files
unless the discrepancy between the secretary of state's files
and any of the other documents is the result of an obvious
unintentional omission or clerical error. The text published by
the revisor shall correct those omissions and errors. The
revisor shall add an appropriate footnote describing the
apparent discrepancy in text. Before publication of Minnesota
Rules, the revisor shall also notify the agency whose rules are
affected, the attorney general, the chief administrative law
judge, and the legislative coordinating commission to review
administrative rules about the omission or error.
If any comparison of documents shows that a rule has been
filed with the secretary of state but apparently has not been
published in the State Register as required by law the revisor
may, unless the attorney general objects, include the rule in
Minnesota Rules or omit the rule if the rule was a repeal but
shall add an appropriate footnote describing the apparent
fault. Before publication of Minnesota Rules, the revisor shall
notify the agency whose rules are affected, the attorney
general, the chief administrative law judge, and the legislative
commission to review administrative rules about the apparent
lack of publication.
If a comparison of documents shows that a rule as adopted
in the State Register has apparently not been filed with the
secretary of state, the revisor may not publish the rule in
Minnesota Rules unless the attorney general approves the
publication. Before publication of Minnesota Rules the revisor
shall notify the agency affected, the attorney general, the
chief administrative law judge and the legislative commission to
review administrative rules of the apparent lack of filing of
the rule. If the revisor publishes the rule, the revisor shall
add an appropriate footnote describing the apparent lack of
filing.
Sec. 5. Minnesota Statutes 1997 Supplement, section
15.0591, subdivision 2, is amended to read:
Subd. 2. [BODIES AFFECTED.] A member meeting the
qualifications in subdivision 1 must be appointed to the
following boards, commissions, advisory councils, task forces,
or committees:
(1) advisory council on battered women;
(2) advisory task force on the use of state facilities;
(3) alcohol and other drug abuse advisory council;
(4) board of examiners for nursing home administrators;
(5) board on aging;
(6) chiropractic examiners board;
(7) consumer advisory council on vocational rehabilitation;
(8) council on disability;
(9) council on affairs of 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) (22) optometry board;
(24) (23) pharmacy board;
(25) (24) physical therapists council;
(26) (25) podiatry board;
(27) (26) psychology board;
(28) (27) veterans advisory committee.
Sec. 6. Minnesota Statutes 1996, section 16B.51,
subdivision 1, is amended to read:
Subdivision 1. [SUPERVISION BY COMMISSIONER.] The
commissioner shall supervise and control the making and
distribution of all reports and other publications of all kinds
issued by the state and state agencies when not otherwise
prescribed by law. The commissioner shall also prescribe the
manner and form of issuing reports required by sections 8.08;
16A.50; 35.03; 129D.02, subdivision 5; 256.01; 268.12,
subdivision 2; 299C.18; and 360.015, subdivision 17.
Sec. 7. Minnesota Statutes 1996, section 32.70,
subdivision 2, is amended to read:
Subd. 2. [BASIC COST.] (a) "Basic cost" for a processor
means the actual cost of the raw milk plus 75 percent of the
actual processing and handling costs for a selected class I or
class II dairy product.
(b) "Basic cost" for a wholesaler means the actual cost of
the selected class I or class II dairy product purchased from
the processor or another wholesaler. Basic cost for a
wholesaler does not include any part of an over-order premium
assessment under section 32.73.
(c) "Basic cost" for a retailer means the actual cost of
the selected class I or class II dairy product purchased from a
processor or wholesaler. Basic cost for a retailer does not
include any part of an over-order premium assessment under
section 32.73.
Sec. 8. Minnesota Statutes 1996, section 32.70,
subdivision 10, is amended to read:
Subd. 10. [SELL AT WHOLESALE; SALE AT WHOLESALE; WHOLESALE
SALES.] "Sell at wholesale," "sale at wholesale," and "wholesale
sales" mean sale or offer for sale of a selected class I dairy
product for purposes of resale or further processing or
manufacturing, but does not include a producer selling or
delivering milk to a processor. A delivery of selected class I
dairy products to a retailer in Minnesota is a "sale at
wholesale" if an assessment required under section 32.73 has not
been paid.
Sec. 9. Minnesota Statutes 1996, section 47.27,
subdivision 1, is amended to read:
Subdivision 1. Unless the language or context clearly
indicates that a different meaning is intended, the words,
terms, and phrases defined in subdivisions 2, 3 and 4, shall,
for the purposes of sections 47.27 to 47.32 47.30, be given the
meanings subjoined to them.
Sec. 10. Minnesota Statutes 1996, section 47.325, is
amended to read:
47.325 [APPEAL AND JUDICIAL REVIEW.]
A savings bank aggrieved by any action or inaction of the
commissioner under sections 47.27 to 47.32 47.30 may appeal
under sections 14.63 to 14.69. The scope of judicial review in
the proceedings is as provided in those sections.
Sec. 11. Minnesota Statutes 1997 Supplement, section
62J.04, subdivision 3, is amended to read:
Subd. 3. [COST CONTAINMENT DUTIES.] After obtaining the
advice and recommendations of the Minnesota health care
commission, the commissioner shall:
(1) establish statewide and regional cost containment goals
for total health care spending under this section and collect
data as described in sections 62J.37 62J.38 to 62J.41 to monitor
statewide achievement of the cost containment goals;
(2) divide the state into no fewer than four regions, with
one of those regions being the Minneapolis/St. Paul metropolitan
statistical area but excluding Chisago, Isanti, Wright, and
Sherburne counties, for purposes of fostering the development of
regional health planning and coordination of health care
delivery among regional health care systems and working to
achieve the cost containment goals;
(3) provide technical assistance to regional coordinating
boards;
(4) monitor the quality of health care throughout the state
and take action as necessary to ensure an appropriate level of
quality;
(5) issue recommendations regarding uniform billing forms,
uniform electronic billing procedures and data interchanges,
patient identification cards, and other uniform claims and
administrative procedures for health care providers and private
and public sector payers. In developing the recommendations,
the commissioner shall review the work of the work group on
electronic data interchange (WEDI) and the American National
Standards Institute (ANSI) at the national level, and the work
being done at the state and local level. The commissioner may
adopt rules requiring the use of the Uniform Bill 82/92 form,
the National Council of Prescription Drug Providers (NCPDP) 3.2
electronic version, the Health Care Financing Administration
1500 form, or other standardized forms or procedures;
(6) undertake health planning responsibilities as provided
in section 62J.15;
(7) authorize, fund, or promote research and
experimentation on new technologies and health care procedures;
(8) within the limits of appropriations for these purposes,
administer or contract for statewide consumer education and
wellness programs that will improve the health of Minnesotans
and increase individual responsibility relating to personal
health and the delivery of health care services, undertake
prevention programs including initiatives to improve birth
outcomes, expand childhood immunization efforts, and provide
start-up grants for worksite wellness programs;
(9) undertake other activities to monitor and oversee the
delivery of health care services in Minnesota with the goal of
improving affordability, quality, and accessibility of health
care for all Minnesotans; and
(10) make the cost containment goal data available to the
public in a consumer-oriented manner.
Sec. 12. Minnesota Statutes 1996, section 62J.17,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] For purposes of this section, the
terms defined in this subdivision have the meanings given.
(a) [ACCESS.] "Access" has the meaning given in section
62J.2912, subdivision 2 means the financial, temporal, and
geographic availability of health care to individuals who need
it.
(b) [CAPITAL EXPENDITURE.] "Capital expenditure" means an
expenditure which, under generally accepted accounting
principles, is not properly chargeable as an expense of
operation and maintenance.
(c) [COST.] "Cost" means the amount paid by consumers or
third party payers for health care services or products.
(d) [DATE OF THE MAJOR SPENDING COMMITMENT.] "Date of the
major spending commitment" means the date the provider formally
obligated itself to the major spending commitment. The
obligation may be incurred by entering into a contract, making a
down payment, issuing bonds or entering a loan agreement to
provide financing for the major spending commitment, or taking
some other formal, tangible action evidencing the provider's
intention to make the major spending commitment.
(e) [HEALTH CARE SERVICE.] "Health care service" means:
(1) a service or item that would be covered by the medical
assistance program under chapter 256B if provided in accordance
with medical assistance requirements to an eligible medical
assistance recipient; and
(2) a service or item that would be covered by medical
assistance except that it is characterized as experimental,
cosmetic, or voluntary.
"Health care service" does not include retail,
over-the-counter sales of nonprescription drugs and other retail
sales of health-related products that are not generally paid for
by medical assistance and other third-party coverage.
(f) [MAJOR SPENDING COMMITMENT.] "Major spending
commitment" means an expenditure in excess of $500,000 for:
(1) acquisition of a unit of medical equipment;
(2) a capital expenditure for a single project for the
purposes of providing health care services, other than for the
acquisition of medical equipment;
(3) offering a new specialized service not offered before;
(4) planning for an activity that would qualify as a major
spending commitment under this paragraph; or
(5) a project involving a combination of two or more of the
activities in clauses (1) to (4).
The cost of acquisition of medical equipment, and the
amount of a capital expenditure, is the total cost to the
provider regardless of whether the cost is distributed over time
through a lease arrangement or other financing or payment
mechanism.
(g) [MEDICAL EQUIPMENT.] "Medical equipment" means fixed
and movable equipment that is used by a provider in the
provision of a health care service. "Medical equipment"
includes, but is not limited to, the following:
(1) an extracorporeal shock wave lithotripter;
(2) a computerized axial tomography (CAT) scanner;
(3) a magnetic resonance imaging (MRI) unit;
(4) a positron emission tomography (PET) scanner; and
(5) emergency and nonemergency medical transportation
equipment and vehicles.
(h) [NEW SPECIALIZED SERVICE.] "New specialized service"
means a specialized health care procedure or treatment regimen
offered by a provider that was not previously offered by the
provider, including, but not limited to:
(1) cardiac catheterization services involving high-risk
patients as defined in the Guidelines for Coronary Angiography
established by the American Heart Association and the American
College of Cardiology;
(2) heart, heart-lung, liver, kidney, bowel, or pancreas
transplantation service, or any other service for
transplantation of any other organ;
(3) megavoltage radiation therapy;
(4) open heart surgery;
(5) neonatal intensive care services; and
(6) any new medical technology for which premarket approval
has been granted by the United States Food and Drug
Administration, excluding implantable and wearable devices.
Sec. 13. [REPEALER; SECTIONS 62J.2914, 62J.2915, 62J.2916,
62J.2917, and 62J.2921 CONFLICT.]
Laws 1997, chapter 225, article 2, sections 24, 25, 26, 27,
and 28, are repealed.
Sec. 14. Minnesota Statutes 1997 Supplement, section
62J.61, subdivision 2, is amended to read:
Subd. 2. [PROCEDURE.] (a) The commissioner shall publish
proposed rules in the State Register or, if the commissioner
determines that publishing the text of the proposed rules would
be unduly cumbersome, shall publish notice of the proposed rules
that contains a detailed description of the rules along with a
statement that a free copy of the entire set of rules is
available upon request to the agency.
(b) Interested parties have 30 days to comment on the
proposed rules. After the commissioner has considered all
comments, the commissioner shall publish notice in the State
Register that the rules have been adopted 30 days before they
are to take effect.
(c) If the adopted rules are the same as the proposed
rules, the notice shall state that the rules have been adopted
as proposed and shall cite the prior publication. If the
adopted rules differ from the proposed rules, the portions of
the adopted rules which differ from the proposed rules shall be
included in the notice of adoption together with a citation to
the prior State Register that contained the notice of the
proposed rules.
(d) The commissioner may use rulemaking to implement the
remainder of this article sections 62J.54, subdivision 4,
62J.55, and 62J.60.
Sec. 15. Minnesota Statutes 1997 Supplement, section
62Q.01, subdivision 3, is amended to read:
Subd. 3. [HEALTH PLAN.] "Health plan" means a health plan
as defined in section 62A.011; or a policy, contract, or
certificate issued by a community integrated service network.
Sec. 16. Minnesota Statutes 1996, section 62Q.03,
subdivision 6, is amended to read:
Subd. 6. [CREATION OF RISK ADJUSTMENT ASSOCIATION.] The
Minnesota risk adjustment association is created on July 1,
1994, and may operate as a nonprofit unincorporated association,
but is authorized to incorporate under chapter 317A.
The provisions of this chapter govern if the provisions of
chapter 317A conflict with this chapter. The association may
operate under the approved plan of operation and shall be
governed in accordance with this chapter and may operate in
accordance with chapter 317A. If the association incorporates
as a nonprofit corporation under chapter 317A, the filing of the
plan of operation meets the requirements of filing articles of
incorporation.
The association, its transactions, and all property owned
by it are exempt from taxation under the laws of this state or
any of its subdivisions, including, but not limited to, income
tax, sales tax, use tax, and property tax. The association may
seek exemption from payment of all fees and taxes levied by the
federal government. Except as otherwise provided in this
chapter, the association is not subject to the provisions of
chapters 14, 60A, and 62A, and 62P. The association is not a
public employer and is not subject to the provisions of chapters
179A and 353. The board of directors and health carriers who
are members of the association are exempt from sections 325D.49
to 325D.66 in the performance of their duties as directors and
members of the association. The risk adjustment association is
subject to the open meeting law.
Sec. 17. Minnesota Statutes 1996, section 82A.11,
subdivision 5, is amended to read:
Subd. 5. [NOTICE.] Each membership camping contract shall
contain the following notice which shall be in at least 10-point
type, stating:
"You are entitled to rescind this agreement for any reason
within three calendar five business days from the day you
actually receive a legible copy of this document signed by all
parties. The rescission must be in writing and sent by
certified mail to the membership camping operator along with
this agreement and any membership card issued to you or your
family at the address stated in this document. Upon rescission,
you will receive a refund of all money paid within 30 days after
the membership camping operator receives notice of your
rescission."
The operator or broker may impose a fee of not more than
$25 for processing of a rescission. If the operator or broker
does so, it shall add the following clause to the notice:
"provided that the membership camping operator (or broker, if
the seller is a broker) may retain a processing fee of $......,"
and insert the amount of the charge to be imposed.
In the event the membership camping contract is sold by a
broker or the broker's salesperson, the above notice shall be
modified to substitute the name of the broker for "membership
camping operator."
Sec. 18. [REPEALER; SECTION 84.873 CONFLICT.]
Laws 1997, chapter 226, section 10, is repealed.
Sec. 19. [REPEALER; SECTION 84.912 CONFLICT.]
Laws 1997, chapter 12, article 3, section 2, is repealed.
Sec. 20. Minnesota Statutes 1997 Supplement, section
85A.02, subdivision 5b, is amended to read:
Subd. 5b. [EXEMPTIONS.] The board is not subject to
sections 3.841 to 3.845 3.843, 15.057, 15.061, 16A.1285, and
16A.28; chapter 16B, except for sections 16B.07, 16B.102,
16B.17, 16B.19, 16B.35, and 16B.55; and chapter 14, except
section 14.386, paragraph (a), clauses (1) and (3). Section
14.386, paragraph (b), does not apply to the board's actions.
Sec. 21. [REPEALER; SECTION 86B.337 CONFLICT.]
Laws 1997, chapter 12, article 3, section 3, is repealed.
Sec. 22. Minnesota Statutes 1996, section 97A.0455,
subdivision 2, is amended to read:
Subd. 2. [REVIEW.] The attorney general shall review the
proposed emergency rule as to its legality, review its form to
the extent the form relates to legality, and shall approve or
disapprove the proposed emergency rule and any modifications on
the tenth working day following the date of receipt of the
proposed emergency rule from the commissioner. The attorney
general shall send a statement of reasons for disapproval of the
rule to the commissioner, the chief administrative law judge,
the legislative coordinating commission to review administrative
rules, and to the revisor of statutes.
The attorney general shall disregard any error or defect in
the proceeding due to the commissioner's failure to satisfy any
procedural requirement imposed by law or rule if the attorney
general finds:
(1) that the failure did not deprive any person or entity
of an opportunity to participate meaningfully in the rulemaking
process; or
(2) that the commissioner has taken corrective action to
cure the error or defect so that the failure did not deprive any
person or entity of an opportunity to participate meaningfully
in the rulemaking process.
Sec. 23. Minnesota Statutes 1997 Supplement, section
115.58, subdivision 2, is amended to read:
Subd. 2. [AREAWIDE PERMIT.] The agency may issue an
areawide permit for alternative discharging sewage systems,
where the systems:
(1) the systems meet all applicable federal and state
standards for treatment and discharge of sewage effluents by the
agency;
(2) the systems are part of a water quality treatment and
management plan to prevent, eliminate, or reduce water pollution
within a defined geographic area;
(3) the systems are owned or controlled by a water quality
cooperative; and
(4) the water quality cooperative has a service agreement
with a local unit of government to provide water quality
treatment and management services for the area under section
471A.03.
Sec. 24. Minnesota Statutes 1996, section 115A.191,
subdivision 2, is amended to read:
Subd. 2. [RESOLUTION OF INTEREST IN NEGOTIATING;
ELIGIBILITY.] A county is eligible to negotiate a contract under
this section if the county board files with the office and the
office accepts a resolution adopted by the county board that
expresses the county board's interest in negotiations and its
willingness to accept the preliminary evaluation of one or more
study areas in the county for consideration as a location of a
stabilization and containment facility. The county board
resolution expressing interest in negotiations must provide for
county cooperation with the office, as necessary to facilitate
the evaluation of study areas in the county, and for the
appointment of a member of the county board or an officer or
employee of the county as official liaison with the office with
respect to the matters provided in the resolution and future
negotiations with the office. A county board by resolution may
withdraw a resolution of interest, and the office may withdraw
its acceptance of such a resolution, at any time before the
parties execute a contract under this section. A county that is
eligible to negotiate a contract shall receive the benefits as
provided in section 477A.012.
Sec. 25. Minnesota Statutes 1996, section 115A.191,
subdivision 4, is amended to read:
Subd. 4. [REQUIREMENTS OF CONTRACT.] A contract between
the office and a county must include provisions by which:
(a) the state, acting through the office, agrees to
implement the terms of the contract and provide the benefits and
implement the procedures and practices agreed upon pursuant to
subdivision 5;
(b) the state, acting through the office, agrees to provide
benefits to the county under section 477A.012; and
(c) (b) the county agrees that the study area or areas in
the county that have been determined by the office to be
appropriate for preparation of an environmental impact statement
are subject to evaluation and selection by the office as
provided in section 115A.194.
After executing the contract, the study areas identified in
the contract remain subject to the provisions of section
115A.194 until the study areas are dismissed from further
consideration by the office.
Sec. 26. Minnesota Statutes 1996, section 115B.17,
subdivision 6, is amended to read:
Subd. 6. [RECOVERY OF EXPENSES.] Any reasonable and
necessary expenses incurred by the agency or commissioner
pursuant to this section, including all response costs, and
administrative and legal expenses, may be recovered in a civil
action brought by the attorney general against any person who
may be liable under section 115B.04 or any other law. The
agency's certification of expenses shall be prima facie evidence
that the expenses are reasonable and necessary. Any expenses
incurred pursuant to this section which are recovered by the
attorney general pursuant to section 115B.04 or any other law,
including any award of attorneys fees, shall be deposited in the
fund and credited to a special account for additional response
actions as provided in section 115B.20, subdivision 2, clause
(b) (2) or (d) (4).
Sec. 27. Minnesota Statutes 1996, section 115B.25,
subdivision 7a, is amended to read:
Subd. 7a. [HARMFUL SUBSTANCE.] "Harmful substance" means:
(1) any commercial chemical designated under the Federal
Water Pollution Control Act, United States Code, title 33,
section 1321(b)(2)(A);
(2) any hazardous air pollutant listed under the Clean Air
Act, United States Code, title 42, section 7412;
(3) any hazardous waste;
(4) petroleum as defined in section 115C.02, subdivision
10; and
(5) pesticide as defined in chapter 18B, or fertilizer,
plant amendment, or soil amendment as defined in chapter 17 18C.
Sec. 28. Minnesota Statutes 1997 Supplement, section
119A.15, subdivision 5a, is amended to read:
Subd. 5a. [EXCLUDED PROGRAMS.] Programs transferred to the
department of children, families, and learning from the
department of economic security may not be included in the
consolidated funding account and are ineligible for local
consolidation. The commissioner may not apply for federal
waivers to include these programs in funding consolidation
initiatives. The programs include the following:
(1) programs for the homeless under sections 268.365, and
268.38, and 268.39;
(2) emergency energy assistance and energy conservation
programs under sections 4.071 and 268.371;
(3) weatherization programs under section 268.37;
(4) foodshelf programs under section 268.55 and the
emergency food assistance program; and
(5) lead abatement programs under section 268.92.
Sec. 29. [REPEALER WITHOUT EFFECT; SECTION 119B.03.]
Subdivision 1. The repeal of Minnesota Statutes, section
119B.03, subdivision 7, by Laws 1997, chapter 162, article 1,
section 19, is without effect and section 119B.03, subdivision
7, as amended by Laws 1997, chapter 162, article 4, section 14,
remains in effect after June 30, 1997.
Subd. 2. Subdivision 1 is effective July 1, 1997.
Sec. 30. Minnesota Statutes 1997 Supplement, section
144A.45, subdivision 1, is amended to read:
Subdivision 1. [RULES.] The commissioner shall adopt rules
for the regulation of home care providers pursuant to sections
144A.43 to 144A.49 144A.48. The rules shall include the
following:
(a) provisions to assure, to the extent possible, the
health, safety and well-being, and appropriate treatment of
persons who receive home care services;
(b) requirements that home care providers furnish the
commissioner with specified information necessary to implement
sections 144A.43 to 144A.49 144A.48;
(c) standards of training of home care provider personnel,
which may vary according to the nature of the services provided
or the health status of the consumer;
(d) standards for medication management which may vary
according to the nature of the services provided, the setting in
which the services are provided, or the status of the consumer.
Medication management includes the central storage, handling,
distribution, and administration of medications;
(e) standards for supervision of home care services
requiring supervision by a registered nurse or other appropriate
health care professional which must occur on site at least every
62 days, or more frequently if indicated by a clinical
assessment, and in accordance with sections 148.171 to 148.285
and rules adopted thereunder;
(f) standards for client evaluation or assessment which may
vary according to the nature of the services provided or the
status of the consumer;
(g) requirements for the involvement of a consumer's
physician, the documentation of physicians' orders, if required,
and the consumer's treatment plan, and the maintenance of
accurate, current clinical records;
(h) the establishment of different classes of licenses for
different types of providers and different standards and
requirements for different kinds of home care services; and
(i) operating procedures required to implement the home
care bill of rights.
Sec. 31. Minnesota Statutes 1996, section 144A.45,
subdivision 2, is amended to read:
Subd. 2. [REGULATORY FUNCTIONS.] (a) The commissioner
shall:
(1) evaluate, monitor, and license home care providers in
accordance with sections 144A.45 to 144A.49 144A.48;
(2) inspect the office and records of a provider during
regular business hours without advance notice to the home care
provider;
(3) with the consent of the consumer, visit the home where
services are being provided;
(4) issue correction orders and assess civil penalties in
accordance with section 144.653, subdivisions 5 to 8, for
violations of sections 144A.43 to 144A.48 or the rules adopted
under those sections; and
(5) take other action reasonably required to accomplish the
purposes of sections 144A.43 to 144A.49 144A.48.
(b) In the exercise of the authority granted in sections
144A.43 to 144A.49 144A.48, the commissioner shall comply with
the applicable requirements of section 144.122, the government
data practices act, and the administrative procedure act.
Sec. 32. Minnesota Statutes 1996, section 144A.46,
subdivision 4, is amended to read:
Subd. 4. [RELATION TO OTHER REGULATORY PROGRAMS.] In the
exercise of the authority granted under sections 144A.43 to
144A.49 144A.48, the commissioner shall not duplicate or replace
standards and requirements imposed under another state
regulatory program. The commissioner shall not impose
additional training or education requirements upon members of a
licensed or registered occupation or profession, except as
necessary to address or prevent problems that are unique to the
delivery of services in the home or to enforce and protect the
rights of consumers listed in section 144A.44. The commissioner
of health shall not require a home care provider certified under
the Medicare program to comply with a rule adopted under section
144A.45 if the home care provider is required to comply with any
equivalent federal law or regulation relating to the same
subject matter. The commissioner of health shall specify in the
rules those provisions that are not applicable to certified home
care providers. To the extent possible, the commissioner shall
coordinate the inspections required under sections 144A.45 to
144A.48 with the health facility licensure inspections required
under sections 144.50 to 144.58 or 144A.10 when the health care
facility is also licensed under the provisions of Laws 1987,
chapter 378.
Sec. 33. Minnesota Statutes 1997 Supplement, section
144A.4605, subdivision 3, is amended to read:
Subd. 3. [TRAINING OR COMPETENCY EVALUATIONS REQUIRED.]
(a) Unlicensed personnel must:
(1) satisfy the training or competency requirements
established by rule under sections 144A.45 to 144A.48; or
(2) be trained or determined competent by a registered
nurse in each task identified under Minnesota Rules, part
4668.0100, subparts 1 and 2, when offered to clients in a
housing with services establishment as described in paragraphs
(b) to (e).
(b) Training for tasks identified under Minnesota Rules,
part 4668.0100, subparts 1 and 2, shall use a curriculum which
meets the requirements in Minnesota Rules, part 4668.0130.
(c) Competency evaluations for tasks identified under
Minnesota Rules, part 4668.0100, subparts 1 and 2, must be
completed and documented by a registered nurse.
(d) Unlicensed personnel performing tasks identified under
Minnesota Rules, part 4668.0100, subparts 1 and 2, shall be
trained or demonstrate competency in the following topics:
(1) an overview of sections 144A.43 to 144A.49 144A.48 and
rules adopted thereunder;
(2) recognition and handling of emergencies and use of
emergency services;
(3) reporting the maltreatment of vulnerable minors or
adults under sections 626.556 and 626.557;
(4) home care bill of rights;
(5) handling of clients' complaints and reporting of
complaints to the office of health facility complaints;
(6) services of the ombudsman for older Minnesotans;
(7) observation, reporting, and documentation of client
status and of the care or services provided;
(8) basic infection control;
(9) maintenance of a clean, safe, and healthy environment;
(10) communication skills;
(11) basic elements of body functioning and changes in body
function that must be reported to an appropriate health care
professional; and
(12) physical, emotional, and developmental needs of
clients, and ways to work with clients who have problems in
these areas, including respect for the client, the client's
property, and the client's family.
(e) Unlicensed personnel who administer medications must
comply with rules relating to the administration of medications
in Minnesota Rules, part 4668.0100, subpart 2, except that
unlicensed personnel need not comply with the requirements of
Minnesota Rules, part 4668.0100, subpart 5.
Sec. 34. Minnesota Statutes 1997 Supplement, section
144A.4605, subdivision 4, is amended to read:
Subd. 4. [LICENSE REQUIRED.] (a) A housing with services
establishment registered under chapter 144D that is required to
obtain a home care license must obtain an assisted living home
care license according to this section or a class A license
according to rule.
(b) A board and lodging establishment registered for
special services as of December 31, 1996, and also registered as
a housing with services establishment under chapter 144D, must
deliver home care services according to sections 144A.43 to
144A.49 144A.48, and may apply for a waiver from requirements
under Minnesota Rules, parts 4668.0002 to 4668.0240, to operate
a licensed agency under the standards of section 157.17. Such
waivers as may be granted by the department will expire upon
promulgation of home care rules implementing section 144A.4605.
(c) An adult foster care provider licensed by the
department of human services and registered under chapter 144D
may continue to provide health-related services under its foster
care license until the promulgation of home care rules
implementing this section.
Sec. 35. Minnesota Statutes 1996, section 144A.48,
subdivision 2, is amended to read:
Subd. 2. [LICENSE REQUIREMENTS.] A hospice program may not
operate in the state or use the words "hospice" or "hospice
program" without a current license issued by the commissioner of
health. The commissioner shall license hospice programs using
the powers and authorities contained in sections 144A.43 to
144A.47 and 144A.49. In addition a hospice program must provide:
(1) centrally coordinated hospice core services in the home
and inpatient settings;
(2) that the medical components of the hospice program are
under the direction of a licensed physician who serves as
medical director;
(3) that the palliative medical care provided to a hospice
patient is under the direction of the attending physician;
(4) an interdisciplinary team that meets regularly to
develop, implement, and evaluate the hospice program's plan of
care for each hospice patient and the patient's family;
(5) accessible hospice care, 24 hours a day, seven days a
week;
(6) an ongoing system of quality assurance;
(7) that volunteer services are provided by individuals who
have completed a hospice training program and are qualified to
provide the services;
(8) a planned program of supportive services available to
patients' families during the bereavement period; and
(9) that inpatient services are provided directly or by
arrangement in a licensed hospital or nursing home.
Sec. 36. Minnesota Statutes 1996, section 145C.01,
subdivision 7, is amended to read:
Subd. 7. [HEALTH CARE FACILITY.] "Health care facility"
means a hospital or other entity licensed under sections 144.50
to 144.58, a nursing home licensed to serve adults under section
144A.02, or a home care provider licensed under sections 144A.43
to 144A.49 144A.48.
Sec. 37. Minnesota Statutes 1996, section 147.02,
subdivision 1, is amended to read:
Subdivision 1. [UNITED STATES OR CANADIAN MEDICAL SCHOOL
GRADUATES.] The board shall issue a license to practice medicine
to a person who meets the requirements in paragraphs (a) to (h).
(a) An applicant for a license shall file a written
application on forms provided by the board, showing to the
board's satisfaction that the applicant is of good moral
character and satisfies the requirements of this section.
(b) The applicant shall present evidence satisfactory to
the board of being a graduate of a medical or osteopathic school
located in the United States, its territories or Canada, and
approved by the board based upon its faculty, curriculum,
facilities, accreditation by a recognized national accrediting
organization approved by the board, and other relevant data, or
is currently enrolled in the final year of study at the school.
(c) The applicant must have passed an examination as
described in paragraph (1) or (2).
(1) The applicant must have passed a comprehensive
examination for initial licensure prepared and graded by the
National Board of Medical Examiners or the Federation of State
Medical Boards. The board shall by rule determine what
constitutes a passing score in the examination.
(2) The applicant taking the United States Medical
Licensing Examination (USMLE) must have passed steps one, two,
and three within a seven-year period. This seven-year period
begins when the applicant first passes either step one or two,
as applicable. The applicant must pass each of steps one, two,
and three with passing scores as recommended by the USMLE
program within three attempts. The applicant taking
combinations of Federation of State Medical Boards, National
Board of Medical Examiners, and USMLE may be accepted only if
the combination is approved by the board as comparable to
existing comparable examination sequences and all examinations
are completed prior to the year 2000.
(d) The applicant shall present evidence satisfactory to
the board of the completion of one year of graduate, clinical
medical training in a program accredited by a national
accrediting organization approved by the board or other graduate
training approved in advance by the board as meeting standards
similar to those of a national accrediting organization.
(e) The applicant shall make arrangements with the
executive director to appear in person before the board or its
designated representative to show that the applicant satisfies
the requirements of this section. The board may establish as
internal operating procedures the procedures or requirements for
the applicant's personal presentation.
(f) The applicant shall pay a fee established by the board
by rule. The fee may not be refunded. Upon application or
notice of license renewal, the board must provide notice to the
applicant and to the person whose license is scheduled to be
issued or renewed of any additional fees, surcharges, or other
costs which the person is obligated to pay as a condition of
licensure. The notice must:
(1) state the dollar amount of the additional costs; and
(2) clearly identify to the applicant the payment schedule
of additional costs; and
(3) advise the applicant of the right to apply to be
excused from the surcharge if a waiver is granted under section
256.9657, subdivision 1b, or relinquish the license to practice
medicine in lieu of future payment if applicable.
(g) The applicant must not be under license suspension or
revocation by the licensing board of the state or jurisdiction
in which the conduct that caused the suspension or revocation
occurred.
(h) The applicant must not have engaged in conduct
warranting disciplinary action against a licensee, or have been
subject to disciplinary action other than as specified in
paragraph (g). If the applicant does not satisfy the
requirements stated in this paragraph, the board may issue a
license only on the applicant's showing that the public will be
protected through issuance of a license with conditions and
limitations the board considers appropriate.
Sec. 38. Minnesota Statutes 1996, section 147B.01,
subdivision 5, is amended to read:
Subd. 5. [ACUPUNCTURE POINTS.] "Acupuncture points" means
specific anatomically described locations as defined by the
recognized acupuncture reference texts. These texts are listed
in the study guide to the examination for the NCCA NCCAOM
certification exam.
Sec. 39. Minnesota Statutes 1996, section 147B.01,
subdivision 12, is amended to read:
Subd. 12. [DIPLOMATE IN ACUPUNCTURE.] "Diplomate in
acupuncture" means a person who is certified by the NCCA NCCAOM
as having met the standards of competence established by the
NCCA NCCAOM, who subscribes to the NCCA NCCAOM code of ethics,
and who has a current and active NCCA NCCAOM certificate.
Current and active NCCA NCCAOM certification indicates
successful completion of continued professional development and
previous satisfaction of NCCA NCCAOM requirements.
Sec. 40. Minnesota Statutes 1996, section 147B.01,
subdivision 16, is amended to read:
Subd. 16. [NCCA NCCAOM.] "NCCA NCCAOM" means the
National Certification Commission for the Certification of
Acupuncturists Acupuncture and Oriental Medicine, a
not-for-profit corporation organized under section 501(c)(4) of
the Internal Revenue Code.
Sec. 41. Minnesota Statutes 1996, section 147B.02,
subdivision 4, is amended to read:
Subd. 4. [EXCEPTIONS.] (a) The following persons may
practice acupuncture within the scope of their practice without
an acupuncture license:
(1) a physician licensed under this chapter 147;
(2) an osteopath licensed under this chapter 147;
(3) a chiropractor licensed under chapter 148;
(4) a person who is studying in a formal course of study or
tutorial intern program approved by the acupuncture advisory
council established in section 147B.05 so long as the person's
acupuncture practice is supervised by a licensed acupuncturist;
(5) a visiting acupuncturist practicing acupuncture within
an instructional setting for the sole purpose of teaching at a
school registered with the Minnesota higher education services
office, who may practice without a license for a period of one
year, with two one-year extensions permitted; and
(6) a visiting acupuncturist who is in the state for the
sole purpose of providing a tutorial or workshop not to exceed
30 days in one calendar year.
(b) This chapter does not prohibit a person who does not
have an acupuncturist license from practicing specific
noninvasive techniques, such as acupressure, that are within the
scope of practice as set forth in section 147B.06, subdivision 4.
Sec. 42. Minnesota Statutes 1996, section 147B.02,
subdivision 7, is amended to read:
Subd. 7. [LICENSURE REQUIREMENTS.] (a) After June 30,
1997, an applicant for licensure must:
(1) submit a completed application for licensure on forms
provided by the board, which must include the applicant's name
and address of record, which shall be public;
(2) unless licensed under subdivision 5 or 6, submit a
notarized copy of a current NCCA NCCAOM certification;
(3) sign a statement that the information in the
application is true and correct to the best of the applicant's
knowledge and belief;
(4) submit with the application all fees required; and
(5) sign a waiver authorizing the board to obtain access to
the applicant's records in this state or any state in which the
applicant has engaged in the practice of acupuncture.
(b) The board may ask the applicant to provide any
additional information necessary to ensure that the applicant is
able to practice with reasonable skill and safety to the public.
(c) The board may investigate information provided by an
applicant to whether the information is accurate and complete.
The board shall notify an applicant of action taken on the
application and the reasons for denying licensure if licensure
is denied.
Sec. 43. Minnesota Statutes 1996, section 147B.02,
subdivision 9, is amended to read:
Subd. 9. [RENEWAL.] (a) To renew a license an applicant
must:
(1) annually, or as determined by the board, complete a
renewal application on a form provided by the board;
(2) submit the renewal fee;
(3) provide evidence annually of one hour of continuing
education in the subject of infection control, including blood
borne pathogen diseases;
(4) provide documentation of current and active NCCA NCCAOM
certification; or
(5) if licensed under subdivision 5 or 6, meet one-half the
then current NCCA NCCAOM professional development activity
requirements.
(b) An applicant shall submit any additional information
requested by the board to clarify information presented in the
renewal application. The information must be submitted within
30 days after the board's request, or the renewal request is
nullified.
Sec. 44. Minnesota Statutes 1996, section 147B.02,
subdivision 12, is amended to read:
Subd. 12. [INACTIVE STATUS.] (a) A license may be placed
in inactive status upon application to the board and upon
payment of an inactive status fee. The board may not renew or
restore a license that has lapsed and has not been renewed
within two annual license renewal cycles.
(b) An inactive license may be reactivated by the license
holder upon application to the board. A licensee whose license
is canceled for nonrenewal must obtain a new license by applying
for licensure and fulfilling all the requirements then in
existence for the initial license to practice acupuncture in the
state of Minnesota. The application must include:
(1) evidence of current and active NCCA NCCAOM
certification;
(2) evidence of the certificate holder's payment of an
inactive status fee;
(3) an annual fee; and
(4) all back fees since previous renewal.
(c) A person licensed under subdivision 5 who has allowed
the license to reach inactive status must become NCCA NCCAOM
certified.
Sec. 45. Minnesota Statutes 1996, section 147B.03,
subdivision 1, is amended to read:
Subdivision 1. [NCCA NCCAOM REQUIREMENTS.] Unless a person
is licensed under section 147B.02, subdivision 5 or 6, each
licensee is required to meet the NCCA NCCAOM professional
development activity requirements to maintain NCCA NCCAOM
certification. These requirements may be met through a board
approved continuing education program.
Sec. 46. Minnesota Statutes 1996, section 147B.03,
subdivision 4, is amended to read:
Subd. 4. [VERIFICATION.] The board shall periodically
select a random sample of acupuncturists and require the
acupuncturist to show evidence of having completed the NCCA
NCCAOM professional development activities requirements. Either
the acupuncturist, the state, or the national organization that
maintains continuing education records may provide the board
documentation of the continuing education program.
Sec. 47. Minnesota Statutes 1996, section 147B.05,
subdivision 1, is amended to read:
Subdivision 1. [CREATION.] The advisory council to the
board of medical practice for acupuncture consists of seven
members appointed by the board to three-year terms. Four
members must be licensed acupuncture practitioners, one member
must be a licensed physician or osteopath who also practices
acupuncture, one member must be a licensed chiropractor who is
NCCA NCCAOM certified, and one member must be a member of the
public who has received acupuncture treatment as a primary
therapy from a NCCA NCCAOM certified acupuncturist.
Sec. 48. [REPEALER; SECTION 148.976.]
Minnesota Statutes 1996, section 148.976, is repealed.
Sec. 49. Minnesota Statutes 1997 Supplement, section
148B.20, subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] The board of social work shall:
(a) Adopt and enforce rules for licensure of social workers
and for regulation of their professional conduct. The rules
must be designed to protect the public.
(b) Adopt rules establishing standards and methods of
determining whether applicants and licensees are qualified under
sections 148B.21 to 148B.23 148B.24. The rules must make
provision for examinations and must establish standards for
professional conduct, including adoption of a code of
professional ethics and requirements for continuing education.
(c) Hold examinations at least twice a year to assess
applicants' knowledge and skills. The examinations may be
written or oral and may be administered by the board or by a
body designated by the board. Examinations must test the
knowledge and skills of each of the four groups of social
workers qualified under section 148B.21 to practice social work.
Examinations must minimize cultural bias and must be balanced in
theory.
(d) Issue licenses to individuals qualified under sections
148B.18 to 148B.289 148B.24.
(e) Issue copies of the rules for licensure to all
applicants.
(f) Establish and implement procedures, including a
standard disciplinary process, to ensure that individuals
licensed as social workers will comply with the board's rules.
(g) Establish, maintain, and publish annually a register of
current licensees.
(h) Educate the public about the existence and content of
the rules for social work licensing to enable consumers to file
complaints against licensees who may have violated the rules.
(i) Evaluate its rules in order to refine the standards for
licensing social workers and to improve the methods used to
enforce the board's standards.
Sec. 50. Minnesota Statutes 1996, section 148B.21,
subdivision 1, is amended to read:
Subdivision 1. [CATEGORIES OF LICENSEES.] The board shall
issue licenses for the following four groups of individuals
qualified under sections 148B.21 to 148B.23 this section to
practice social work:
(1) social workers;
(2) graduate social workers;
(3) independent social workers; and
(4) independent clinical social workers.
Sec. 51. Minnesota Statutes 1996, section 148B.21,
subdivision 8, is amended to read:
Subd. 8. [CHANGE OF LICENSURE LEVEL.] An applicant who
applies under this section for licensure as a licensed
independent social worker or a licensed independent clinical
social worker, and who is licensed at the time of application as
a licensed graduate social worker, or a licensed independent
social worker, or a licensed independent clinical social worker
under section 148B.23, is not required to meet the educational
requirement of this section. The applicant must meet all other
requirements for licensure at the new level of licensure.
Sec. 52. Minnesota Statutes 1996, section 148B.24, is
amended to read:
148B.24 [RECIPROCITY.]
The board shall issue an appropriate license to an
individual who holds a current license or other credential from
another jurisdiction if the board finds that the requirements
for that credential are substantially similar to the
requirements in sections section 148B.21 to 148B.23.
Sec. 53. Minnesota Statutes 1996, section 148B.27,
subdivision 2b, is amended to read:
Subd. 2b. [USE OF HOSPITAL SOCIAL WORKER TITLE.]
Individuals employed as social workers on June 30, 1996, by a
hospital licensed under chapter 144 who do not qualify for
licensure under section 148B.21 or 148B.23, subdivision 1, may
use the title "hospital social worker" for as long as they
continue to be employed by a hospital licensed under chapter 144.
Sec. 54. Minnesota Statutes 1996, section 154.161,
subdivision 4, is amended to read:
Subd. 4. [LICENSE ACTIONS.] (a) With respect to a person
who is a holder of or applicant for a licensee or shop
registration card under this chapter, the board may by order
deny, refuse to renew, suspend, temporarily suspend, or revoke
the application, certificate of registration, or shop
registration card, censure or reprimand the person, refuse to
permit the person to sit for examination, or refuse to release
the person's examination grades, if the board finds that such an
order is in the public interest and that, based on a
preponderance of the evidence presented, the person has:
(1) violated a statute, rule, or order that the board has
adopted or issued or is empowered to enforce;
(2) engaged in conduct or acts that are fraudulent,
deceptive, or dishonest, whether or not the conduct or acts
relate to the practice of barbering, if the fraudulent,
deceptive, or dishonest conduct or acts reflect adversely on the
person's ability or fitness to engage in the practice of
barbering;
(3) engaged in conduct or acts that constitute malpractice,
are negligent, demonstrate incompetence, or are otherwise in
violation of the standards in the rules of the board, where the
conduct or acts relate to the practice of barbering;
(4) employed fraud or deception in obtaining a certificate
of registration, shop registration card, renewal, or
reinstatement, or in passing all or a portion of the
examination;
(5) had a certificate of registration or shop registration
card, right to examine, or other similar authority revoked in
another jurisdiction;
(6) failed to meet any requirement for issuance or renewal
of the person's certificate of registration or shop registration
card;
(7) practiced as a barber while having an infectious or
contagious disease;
(8) advertised by means of false or deceptive statements;
(9) demonstrated intoxication or indulgence in the use of
drugs, including but not limited to narcotics as defined in
section 152.01 or in United States Code, title 26, section 4731,
barbiturates, amphetamines, benzedrine, dexedrine, or other
sedatives, depressants, stimulants, or tranquilizers;
(10) demonstrated unprofessional conduct or practice, or
conduct or practice that violates any provision of chapter 186;
(11) permitted an employee or other person under the
person's supervision or control to practice as a registered
barber, registered apprentice, or registered instructor of
barbering unless that person has (i) a current certificate of
registration as a registered barber, registered apprentice, or
registered instructor of barbering, (ii) a temporary apprentice
permit, or (iii) a temporary permit as an instructor of
barbering;
(12) practices, offered to practice, or attempted to
practice by misrepresentation;
(13) failed to display a certificate of registration as
required by section 154.14;
(14) used any room or place of barbering that is also used
for any other purpose, or used any room or place of barbering
that violates the board's rules governing sanitation;
(15) in the case of a barber, apprentice, or other person
working in or in charge of any barber shop, or any person in a
barber school engaging in the practice of barbering, failed to
use separate and clean towels for each customer or patron, or to
discard and launder each towel after being used once;
(16) in the case of a barber or other person in charge of
any barber shop or barber school, (i) failed to supply in a
sanitary manner clean hot and cold water in quantities necessary
to conduct the shop or barbering service for the school, (ii)
failed to have water and sewer connections from the shop or
barber school with municipal water and sewer systems where they
are available for use, or (iii) failed or refused to maintain a
receptacle for hot water of a capacity of at least five gallons;
(17) refused to permit the board to make an inspection
permitted or required by this chapter, or failed to provide the
board or the attorney general on behalf of the board with any
documents or records they request;
(18) failed promptly to renew a certificate of registration
or shop registration card when remaining in practice, pay the
required fee, or issue a worthless check;
(19) failed to supervise a registered apprentice or
temporary apprentice, or permitted the practice of barbering by
a person not registered with the board or not holding a
temporary permit;
(20) refused to serve a customer because of race, color,
creed, religion, disability, national origin, or sex;
(21) failed to comply with a provision of chapter 141 or a
provision of another chapter that relates to barber schools; or
(22) with respect to temporary suspension orders, has
committed an act, engaged in conduct, or committed practices
that the board, or complaint committee if authorized by the
board, has determined may result or may have resulted in an
immediate threat to the public.
(b) In lieu of or in addition to any remedy under paragraph
(a), the board may as a condition of continued registration,
termination of suspension, reinstatement of registration,
examination, or release of examination results, require that the
person:
(1) submit to a quality review of the person's ability,
skills, or quality of work, conducted in a manner and by a
person or entity that the board determines; or
(2) complete to the board's satisfaction continuing
education as the board requires.
(c) Service of an order under this subdivision is effective
if the order is served personally on, or is served by certified
mail to the most recent address provided to the board by, the
licensee, certificate holder, applicant, or counsel of record.
The order must state the reason for the entry of the order.
(d) Except as provided in subdivision 5, paragraph (c), all
hearings under this subdivision must be conducted in accordance
with the administrative procedure act.
Sec. 55. Minnesota Statutes 1997 Supplement, section
157.17, subdivision 2, is amended to read:
Subd. 2. [REGISTRATION.] At the time of licensure or
license renewal, a boarding and lodging establishment or a
lodging establishment that provides supportive services or
health supervision services must be registered with the
commissioner, and must register annually thereafter. The
registration must include the name, address, and telephone
number of the establishment, the name of the operator, the types
of services that are being provided, a description of the
residents being served, the type and qualifications of staff in
the facility, and other information that is necessary to
identify the needs of the residents and the types of services
that are being provided. The commissioner shall develop and
furnish to the boarding and lodging establishment or lodging
establishment the necessary form for submitting the
registration. The requirement for registration is effective
until the rules required by sections 144B.01 to 144B.17 are
effective.
Housing with services establishments registered under
chapter 144D shall be considered registered under this section
for all purposes except that:
(1) the establishments shall operate under the requirements
of chapter 144D; and
(2) the criminal background check requirements of sections
299C.66 to 299C.71 apply. The criminal background check
requirements of section 144.057 apply only to personnel
providing home care services under sections 144A.43 to 144A.48.
Sec. 56. Minnesota Statutes 1996, section 157.17,
subdivision 3, is amended to read:
Subd. 3. [RESTRICTION ON THE PROVISION OF SERVICES.]
Effective July 1, 1995, and until one year after the rules
required under sections 144B.01 to 144B.17 are adopted, A
boarding and lodging establishment or lodging establishment
registered under subdivision 2 may provide health supervision
services only if a licensed nurse is on site in the
establishment for at least four hours a week to provide
monitoring of health supervision services for the residents. A
boarding and lodging establishment or lodging establishment that
admits or retains residents using wheelchairs or walkers must
have the necessary clearances from the office of the state fire
marshal.
Sec. 57. [REPEALER; SECTION 157.17.]
Minnesota Statutes 1996, section 157.17, subdivision 4, is
repealed.
Sec. 58. Minnesota Statutes 1997 Supplement, section
161.14, subdivision 41, is amended to read:
Subd. 41. [DON RICKERS MEMORIAL HIGHWAY.] That segment of
marked trunk highway No. 60 from Brewster to Worthington to the
city of Brewster is designated "Don Rickers Memorial Highway."
The commissioner of transportation shall adopt a suitable design
for marking this highway and shall erect appropriate signs at
locations determined by the commissioner. The people of the
community, having resolved to support and financially back the
marking of this highway, shall reimburse the department for
costs incurred in marking and memorializing this highway.
Sec. 59. Minnesota Statutes 1997 Supplement, section
169.121, subdivision 3e, is amended to read:
Subd. 3e. [ENHANCED GROSS MISDEMEANORS; MANDATORY
PENALTIES.] (a) The mandatory penalties in this subdivision
apply to persons who are convicted of an enhanced gross
misdemeanor under subdivision 3, paragraph (d), or section
169.129. Notwithstanding section 609.135, these penalties must
be imposed and executed.
(b) A person who is convicted of an enhanced gross
misdemeanor under the circumstances described in subdivision 3,
paragraph (d), clause (1), shall be sentenced as follows:
(1) if the person has one prior impaired driving conviction
within the past ten years, the person must be sentenced to a
minimum of 90 days of incarceration, at least 30 days of which
must be served consecutively in a local correctional facility.
The court may order that the person serve not more than 60 days
of this minimum penalty on home detention or in an intensive
probation program described in section 169.1265;
(2) if the person has two prior impaired driving
convictions within the past ten years, the person must be
sentenced to a minimum of 180 days of incarceration, at least 30
days of which must be served consecutively in a local
correctional facility. The court may order that the person
serve not more than 150 days of this minimum penalty on home
detention or in an intensive probation program described in
section 169.1265; or
(3) if the person has three prior impaired driving
convictions within the past 15 years, or four or more prior
impaired driving convictions within the person's lifetime, the
person must be sentenced to a minimum of one year of
incarceration, at least 60 days of which must be served
consecutively in a local correctional facility. The court may
order that the person serve the remainder of this minimum
penalty on intensive probation using an electronic monitoring
system or, if such a system is unavailable, on home detention.
(c) A person who is convicted of an enhanced gross
misdemeanor under the circumstances described in subdivision 3,
paragraph (d), clause (2) or (3), or under section 169.129,
shall be sentenced as follows:
(1) if the person has two prior impaired driving
convictions, two prior license revocations, or a combination of
the two, within the past ten years, the person must be sentenced
to a minimum of 90 days incarceration, at least 30 days of which
must be served consecutively in a local correctional facility.
The court may order that the person serve not more than 60 days
of this minimum penalty on home detention or in an intensive
probation program described in section 169.1265;
(2) if the person has three prior impaired driving
convictions, three prior license revocations, or a combination
of the two, within the past ten years, the person must be
sentenced to a minimum of 180 days of incarceration, at least 30
days of which must be served consecutively in a local
correctional facility. The court may order that the person
serve not more than 150 days of this minimum penalty on home
detention or in an intensive probation program described in
section 169.1265; or
(3) if the person has: (i) four prior impaired driving
convictions, four prior license revocations, or a combination of
the two, within the past 15 years; or (ii) five or more prior
impaired driving convictions, five or more prior license
revocations, or a combination of the two, within the person's
lifetime; then the person must be sentenced to a minimum of one
year of incarceration, at least 60 days of which must be served
consecutively in a local correctional facility. The court may
order that the person serve the remainder of this minimum
penalty on intensive probation using an electronic monitoring
system or, if such a system is unavailable, on home detention.
Sec. 60. Minnesota Statutes 1996, section 169.792,
subdivision 7, is amended to read:
Subd. 7. [LICENSE REVOCATION.] Upon receiving the
notification under subdivision 6 or notification of a conviction
for violation of section 169.791, the commissioner shall revoke
the person's driver's license or permit to drive. The
revocation shall be effective beginning 14 days after the date
of notification by the district court administrator or officer
to the department of public safety. In order to be revoked,
notice must have been mailed to the person by the commissioner
at least ten days before the effective date of the revocation.
If the person, before the effective date of the revocation,
provides the commissioner with the proof of insurance or other
verifiable insurance information as determined by the
commissioner, establishing that the required insurance covered
the vehicle at the time of the original demand, the revocation
must not become effective. Revocation based upon receipt of a
notification under subdivision 6 must be carried out regardless
of the status or disposition of any related criminal charge.
The person's driver's license or permit to drive shall be
revoked for the longer of: (i) the period provided in section
169.797, subdivision 4, paragraph (b) (c), including any rules
adopted under that paragraph, or (ii) until the driver or owner
files proof of insurance with the department of public safety
satisfactory to the commissioner of public safety. A license
must not be revoked more than once based upon the same demand
for proof of insurance.
Sec. 61. Minnesota Statutes 1996, section 169.86,
subdivision 1, is amended to read:
Subdivision 1. [APPLICATION FOR PERMIT.] (a) The
commissioner, with respect to highways under the commissioner's
jurisdiction, and local authorities, with respect to highways
under their jurisdiction, may, in their discretion, upon
application in writing and good cause being shown therefor,
issue a special permit, in writing, authorizing the applicant to
move a vehicle or combination of vehicles of a size or weight of
vehicle or load exceeding the maximum specified in this chapter,
or otherwise not in conformity with the provisions of this
chapter, upon any highway under the jurisdiction of the party
granting such permit and for the maintenance of which such party
is responsible.
(b) Permits relating to over-width, over-length
manufactured homes shall not be issued to persons other than
manufactured home dealers or manufacturers for movement of new
units owned by the manufactured home dealer or manufacturer,
until the person has presented a statement from the county
auditor and treasurer where the unit is presently located,
stating that all personal and real property taxes have been
paid. Upon payment of the most recent single year delinquent
personal property or current year taxes only, the county auditor
or treasurer must issue a taxes paid statement to a manufactured
home dealer or a financial institution desiring to relocate a
manufactured home that has been repossessed. This statement
must be dated within 30 days of the contemplated move. The
statement from the county auditor and treasurer where the unit
is presently located, stating that all personal and real
property taxes have been paid, may be made by telephone. If the
statement is obtained by telephone, the permit shall contain the
date and time of the telephone call and the names of the persons
in the auditor's office and treasurer's office who verified that
all personal and real property taxes had been paid.
(c) The commissioner may not grant a permit authorizing the
movement, in a three-vehicle combination, of a semitrailer or
trailer that exceeds 28-1/2 feet, except that the commissioner
(1) may renew a permit that was granted before April 16, 1984,
for the movement of a semitrailer or trailer that exceeds the
length limitation in section 169.81, subdivision 2, or (2) may
grant a permit authorizing the transportation of empty trailers
that exceed 28-1/2 feet when using a B-train hitching mechanism
as defined in Code of Federal Regulations, title 23, section
658.5, paragraph (o), from a point of manufacture in the state
to the state border.
(d) The state as to state trunk highways, a statutory or
home rule charter city as to streets in the city, or a town as
to roads in the town, may issue permits authorizing the
transportation of combinations of vehicles exceeding the
limitations in section 169.81, subdivisions 2a and 3, over
highways, streets, or roads within its boundaries. Combinations
of vehicles authorized by this paragraph may be restricted as to
the use of state trunk highways by the commissioner, to the use
of streets by the city road authority, and to the use of roads
by the town road authority. Nothing in this paragraph or
section 168.81 169.81, subdivisions 2a and 3, alters or changes
the authority vested in local authorities under section 169.04.
Sec. 62. Minnesota Statutes 1996, section 190.08,
subdivision 6, is amended to read:
Subd. 6. [PAY AND ALLOWANCES.] The adjutant general shall
receive the pay and allowances provided by law for an officer of
similar rank and length of service in the armed forces of the
United States. All other officers, warrant officers, and
enlisted members in active service on the staff of the adjutant
general shall receive the pay and allowances prescribed for
personnel of similar grade and length of service in the armed
forces of the United States subject to the following
provisions: (1) the adjutant general by general orders may
establish for pay purposes the grade authorized for any staff
position; and (2) enlisted members may be paid the any
additional pay authorized by section 192.51, subdivision
2 192.49.
Sec. 63. Minnesota Statutes 1996, section 205A.10,
subdivision 2, is amended to read:
Subd. 2. [ELECTION, CONDUCT.] A school district election
must be by secret ballot and must be held and the returns made
in the manner provided for the state general election, as far as
practicable. The vote totals from an absentee ballot board
established pursuant to section 203B.13 may be tabulated and
reported by the school district as a whole rather than by
precinct. For school district elections not held in conjunction
with a statewide election, the school board shall appoint
election judges as provided in section 204B.21, subdivision 2.
The provisions of sections 204B.19, subdivision 5; 204C.15;
204C.19; 206.63; 206.64, subdivision 2; 206.74, subdivision 3;
206.75; 206.83; and 206.86, subdivision 2, relating to party
balance in appointment of judges and to duties to be performed
by judges of different major political parties do not apply to
school district elections not held in conjunction with a
statewide election.
Sec. 64. Minnesota Statutes 1996, section 206.90,
subdivision 3, is amended to read:
Subd. 3. [AVAILABILITY OF PAPER BALLOTS.] For the purposes
of section 206.63, "paper ballots" includes ballot cards which
are voted by marking with a pencil or other writing instrument
and on which are printed the names of candidates, office titles,
party designation in a partisan primary or election, and a
statement of any question accompanied by the words "Yes" and
"No." At a state or county election where an optical scan
voting system will be in use, the county auditor may provide
ballot cards meeting the requirements of this section in lieu of
paper ballots otherwise required to be prepared by the county
auditor. In an election jurisdiction where an optical scan
voting system has been adopted, the election official may
provide paper ballots prepared in the same format used for the
voting system.
Sec. 65. Minnesota Statutes 1996, section 216C.01,
subdivision 1, is amended to read:
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to section 216C.02 and those sections renumbered
by Laws 1987, chapter 312, article 1, section 10 sections
216C.02, 216C.05, 216C.07 to 216C.19, 216C.20 to 216C.35, and
216C.373 to 216C.381.
Sec. 66. Minnesota Statutes 1997 Supplement, section
244.09, subdivision 5, is amended to read:
Subd. 5. The commission shall promulgate sentencing
guidelines for the district court. The guidelines shall be
based on reasonable offense and offender characteristics. The
guidelines promulgated by the commission shall be advisory to
the district court and shall establish:
(1) The circumstances under which imprisonment of an
offender is proper; and
(2) A presumptive, fixed sentence for offenders for whom
imprisonment is proper, based on each appropriate combination of
reasonable offense and offender characteristics. The guidelines
may provide for an increase or decrease of up to 15 percent in
the presumptive, fixed sentence.
The sentencing guidelines promulgated by the commission may
also establish appropriate sanctions for offenders for whom
imprisonment is not proper. Any guidelines promulgated by the
commission establishing sanctions for offenders for whom
imprisonment is not proper shall make specific reference to
noninstitutional sanctions, including but not limited to the
following: payment of fines, day fines, restitution, community
work orders, work release programs in local facilities,
community based residential and nonresidential programs,
incarceration in a local correctional facility, and probation
and the conditions thereof.
Although the sentencing guidelines are advisory to the
district court, the court shall follow the procedures of the
guidelines when it pronounces sentence in a proceeding to which
the guidelines apply by operation of statute. Sentencing
pursuant to the sentencing guidelines is not a right that
accrues to a person convicted of a felony; it is a procedure
based on state public policy to maintain uniformity,
proportionality, rationality, and predictability in sentencing.
In establishing and modifying the sentencing guidelines,
the primary consideration of the commission shall be public
safety. The commission shall also consider current sentencing
and release practices; correctional resources, including but not
limited to the capacities of local and state correctional
facilities; and the long-term negative impact of the crime on
the community.
The provisions of sections 14.001 to 14.69 do not apply to
the promulgation of the sentencing guidelines, and the
sentencing guidelines, including severity levels and criminal
history scores, are not subject to review by the legislative
commission to review administrative rules. However, the
commission shall adopt rules pursuant to sections 14.001 to
14.69 which establish procedures for the promulgation of the
sentencing guidelines, including procedures for the promulgation
of severity levels and criminal history scores, and these rules
shall be subject to review by the legislative coordinating
commission to review administrative rules.
Sec. 67. Minnesota Statutes 1996, section 256.9657,
subdivision 1a, is amended to read:
Subd. 1a. [WAIVER REQUEST.] The commissioner shall request
a waiver from the secretary of health and human services to:
(1) exclude from the surcharge under subdivision 1 a nursing
home that provides all services free of charge; (2) make a pro
rata reduction in the surcharge paid by a nursing home that
provides a portion of its services free of charge; and (3) limit
the hospital surcharge to acute care hospitals only; and (4)
limit the physician license surcharge under section 147.01,
subdivision 6, to physicians licensed in Minnesota and residing
in Minnesota or a state contiguous to Minnesota. If a waiver is
approved under this subdivision, the commissioner shall adjust
the nursing home surcharge accordingly or shall direct the board
of medical practice to adjust the physician license surcharge
under section 147.01, subdivision 6, accordingly. Any waivers
granted by the federal government shall be effective on or after
October 1, 1992.
Sec. 68. [REPEALER; SECTION 256.9657.]
Minnesota Statutes 1996, section 256.9657, subdivision 1b,
is repealed.
Sec. 69. Minnesota Statutes 1996, section 256.9657,
subdivision 7, is amended to read:
Subd. 7. [COLLECTION; CIVIL PENALTIES.] The provisions of
sections 289A.35 to 289A.50 relating to the authority to audit,
assess, collect, and pay refunds of other state taxes may be
implemented by the commissioner of human services with respect
to the tax, penalty, and interest imposed by this section and
section 147.01, subdivision 6. The commissioner of human
services shall impose civil penalties for violation of this
section or section 147.01, subdivision 6, as provided in section
289A.60, and the tax and penalties are subject to interest at
the rate provided in section 270.75. The commissioner of human
services shall have the power to abate penalties and interest
when discrepancies occur resulting from, but not limited to,
circumstances of error and mail delivery. The commissioner of
human services shall bring appropriate civil actions to collect
provider payments due under this section and section 147.01,
subdivision 6.
Sec. 70. [REPEALER; SECTION 256E.06.]
Minnesota Statutes 1996, section 256E.06, subdivision 9, is
repealed.
Sec. 71. Minnesota Statutes 1997 Supplement, section
260.015, subdivision 29, is amended to read:
Subd. 29. [EGREGIOUS HARM.] "Egregious harm" means the
infliction of bodily harm to a child or neglect of a child which
demonstrates a grossly inadequate ability to provide minimally
adequate parental care. The egregious harm need not have
occurred in the state or in the county where a termination of
parental rights action is otherwise properly venued. Egregious
harm includes, but is not limited to:
(1) conduct towards a child that constitutes a violation of
sections 609.185 to 609.21, 609.222, subdivision 2, 609.223, or
any other similar law of any other state;
(2) the infliction of "substantial bodily harm" to a child,
as defined in section 609.02, subdivision 8 7a;
(3) conduct towards a child that constitutes felony
malicious punishment of a child under section 609.377;
(4) conduct towards a child that constitutes felony
unreasonable restraint of a child under section 609.255,
subdivision 3;
(5) conduct towards a child that constitutes felony neglect
or endangerment of a child under section 609.378;
(6) conduct towards a child that constitutes assault under
section 609.221, 609.222, or 609.223;
(7) conduct towards a child that constitutes solicitation,
inducement, or promotion of prostitution under section 609.322;
(8) conduct towards a child that constitutes receiving
profit derived from prostitution under section 609.323; or
(9) conduct toward a child that constitutes a violation of
United States Code, title 18, section 1111(a) or 1112(a).
Sec. 72. Minnesota Statutes 1996, section 268.027, is
amended to read:
268.027 [DEPARTMENT OF ECONOMIC SECURITY; MINNEAPOLIS
LOCATION; RIGHT OF EMINENT DOMAIN.]
Notwithstanding sections section 16B.24 and 268.026 or
chapter 94, the commissioner of administration, in consultation
with the commissioner of economic security, is authorized to buy
and sell real property in Minneapolis and the greater
Minneapolis area for the purpose of relocating department
offices to locations more accessible to the residents of
Minneapolis and colocating with other social service agencies.
Property acquired under authority of this section may be
acquired by gift, purchase, or condemnation proceedings.
Condemnation proceedings must be done under chapter 117.
Condemnation proceedings authorized by this section may be used
to acquire property at only one proposed office site.
Sec. 73. Minnesota Statutes 1997 Supplement, section
268.145, subdivision 1, is amended to read:
Subdivision 1. [NOTIFICATION.] (a) Upon application for a
reemployment insurance account, the claimant shall be informed
that:
(1) reemployment insurance benefits are subject to federal
and state income tax;
(2) there are requirements for filing estimated tax
payments;
(3) the claimant may elect to have federal income tax
withheld from benefits;
(4) if the claimant elects to have federal income tax
withheld, the claimant may, in addition, elect to have Minnesota
state income tax withheld; and
(5) at any time during the benefit year the claimant may
change a prior election.
(b) If a claimant elects to have federal income tax
withheld, the commissioner shall deduct that percentage required
by the Internal Revenue Code. If a claimant, in addition to
federal income tax withholding, elects to have Minnesota state
income tax withheld, the commissioner shall make an additional
five percent deduction for Minnesota state income tax. Any
amounts deducted pursuant to sections 268.155, 268.165, 268.18,
268.182, and 268.184 have priority over any amounts deducted
under this section. Federal income tax withholding has priority
over Minnesota state income tax withholding.
(c) An election to have federal income tax, or federal and
Minnesota state income tax, withheld shall not be retroactive
and shall only apply to benefits paid after the election.
Sec. 74. Minnesota Statutes 1996, section 273.13,
subdivision 1, is amended to read:
Subdivision 1. [HOW CLASSIFIED.] All real and personal
property subject to a general property tax and not subject to
any gross earnings or other lieu in-lieu tax is hereby
classified for purposes of taxation as provided by this section.
Sec. 75. Minnesota Statutes 1996, section 273.1398,
subdivision 6, is amended to read:
Subd. 6. [PAYMENT.] The commissioner shall certify the
aids provided in subdivisions 2, 2b, 3, and 5 before September 1
of the year preceding the distribution year to the county
auditor of the affected local government. The aids provided in
subdivisions 2, 2b, 3, and 5 must be paid to local governments
other than school districts at the times provided in section
477A.015 for payment of local government aid to taxing
jurisdictions, except that the first one-half payment of
disparity reduction aid provided in subdivision 3 must be paid
on or before August 31. The disparity reduction credit provided
in subdivision 4 must be paid to taxing jurisdictions other than
school districts at the time provided in section 473H.10,
subdivision 3. Aids and credit reimbursements to school
districts must be certified to the commissioner of children,
families, and learning and paid under section 273.1392. Except
for education districts and secondary cooperatives that receive
revenue according to section 124.575, Payment shall not be made
to any taxing jurisdiction that has ceased to levy a property
tax.
Sec. 76. Minnesota Statutes 1996, section 273.166,
subdivision 2, is amended to read:
Subd. 2. [MANUFACTURED HOME HOMESTEAD AND AGRICULTURAL
CREDIT AID.] For each calendar year, the manufactured home
homestead and agricultural credit aid for each taxing
jurisdiction equals the taxing jurisdiction's manufactured home
homestead and agricultural credit aid determined under this
subdivision for the preceding aid payable year times the growth
adjustment factor for the jurisdiction plus the net tax capacity
adjustment for the jurisdiction. Except for education districts
and secondary cooperatives that receive revenue according to
section 124.2721 or 124.575, Payment will not be made to any
taxing jurisdiction that has ceased to levy a property tax.
Sec. 77. Minnesota Statutes 1997 Supplement, section
274.01, subdivision 1, is amended to read:
Subdivision 1. [ORDINARY BOARD; MEETINGS, DEADLINES,
GRIEVANCES.] (a) The town board of a town, or the council or
other governing body of a city, is the board of review except
(1) in cities whose charters provide for a board of equalization
or (2) in any city or town that has transferred its local board
of review power and duties to the county board as provided in
subdivision 3. The county assessor shall fix a day and time
when the board or the board of equalization shall meet in the
assessment districts of the county. On or before February 15 of
each year the assessor shall give written notice of the time to
the city or town clerk. Notwithstanding the provisions of any
charter to the contrary, the meetings must be held between April
1 and May 31 each year. The clerk shall give published and
posted notice of the meeting at least ten days before the date
of the meeting.
If in any county, at least 25 percent of the total net tax
capacity of a city or town is noncommercial seasonal residential
recreational property classified under section 273.13,
subdivision 25, the county must hold two countywide
informational meetings on Saturdays. The meetings will allow
noncommercial seasonal residential recreational taxpayers to
discuss their property valuation with the appropriate assessment
staff. These Saturday informational meetings must be scheduled
to allow the owner of the noncommercial seasonal residential
recreational property the opportunity to attend one of the
meetings prior to the scheduled board of review for their city
or town. The Saturday meeting dates must be contained on the
notice of valuation of real property under section 273.121.
The board shall meet at the office of the clerk to review
the assessment and classification of property in the town or
city. No changes in valuation or classification which are
intended to correct errors in judgment by the county assessor
may be made by the county assessor after the board of review has
adjourned in those cities or towns that hold a local board of
review; however, corrections of errors that are merely clerical
in nature or changes that extend homestead treatment to property
are permitted after adjournment until the tax extension date for
that assessment year. The changes must be fully documented and
maintained in the assessor's office and must be available for
review by any person. A copy of the changes made during this
period in those cities or towns that hold a local board of
review must be sent to the county board no later than December
31 of the assessment year.
(b) The board shall determine whether the taxable property
in the town or city has been properly placed on the list and
properly valued by the assessor. If real or personal property
has been omitted, the board shall place it on the list with its
market value, and correct the assessment so that each tract or
lot of real property, and each article, parcel, or class of
personal property, is entered on the assessment list at its
market value. No assessment of the property of any person may
be raised unless the person has been duly notified of the intent
of the board to do so. On application of any person feeling
aggrieved, the board shall review the assessment or
classification, or both, and correct it as appears just.
(c) A local board of review may reduce assessments upon
petition of the taxpayer but the total reductions must not
reduce the aggregate assessment made by the county assessor by
more than one percent. If the total reductions would lower the
aggregate assessments made by the county assessor by more than
one percent, none of the adjustments may be made. The assessor
shall correct any clerical errors or double assessments
discovered by the board of review without regard to the one
percent limitation.
(d) A majority of the members may act at the meeting, and
adjourn from day to day until they finish hearing the cases
presented. The assessor shall attend, with the assessment books
and papers, and take part in the proceedings, but must not
vote. The county assessor, or an assistant delegated by the
county assessor shall attend the meetings. The board shall list
separately, on a form appended to the assessment book, all
omitted property added to the list by the board and all items of
property increased or decreased, with the market value of each
item of property, added or changed by the board, placed opposite
the item. The county assessor shall enter all changes made by
the board in the assessment book.
(e) Except as provided in subdivision 3, if a person fails
to appear in person, by counsel, or by written communication
before the board after being duly notified of the board's intent
to raise the assessment of the property, or if a person feeling
aggrieved by an assessment or classification fails to apply for
a review of the assessment or classification, the person may not
appear before the county board of equalization for a review of
the assessment or classification. This paragraph does not apply
if an assessment was made after the board meeting, as provided
in section 273.01, or if the person can establish not having
received notice of market value at least five days before the
local board of review meeting.
(f) The board of review or the board of equalization must
complete its work and adjourn within 20 days from the time of
convening stated in the notice of the clerk, unless a longer
period is approved by the commissioner of revenue. No action
taken after that date is valid. All complaints about an
assessment or classification made after the meeting of the board
must be heard and determined by the county board of
equalization. A nonresident may, at any time, before the
meeting of the board of review file written objections to an
assessment or classification with the county assessor. The
objections must be presented to the board of review at its
meeting by the county assessor for its consideration.
Sec. 78. Minnesota Statutes 1997 Supplement, section
275.011, subdivision 1, is amended to read:
Subdivision 1. The property tax levied for any purpose
under a special law that is not codified in Minnesota Statutes
or a city charter provision and that is subject to a mill rate
limitation imposed by the special law or city charter provision,
excluding levies subject to mill rate limitations that use
adjusted assessed values determined by the commissioner of
revenue under section 124.2131, must not exceed the following
amount for the years specified:
(a) for taxes payable in 1988, the product of the
applicable mill rate limitation imposed by special law or city
charter provision multiplied by the total assessed valuation of
all taxable property subject to the tax as adjusted by the
provisions of Minnesota Statutes 1986, sections 272.64; 273.13,
subdivision 7a; and 275.49;
(b) for taxes payable in 1989, the product of (1) the
property tax levy limitation for the taxes payable year 1988
determined under clause (a) multiplied by (2) an index for
market valuation changes equal to the assessment year 1988 total
market valuation of all taxable property subject to the tax
divided by the assessment year 1987 total market valuation of
all taxable property subject to the tax; and
(c) for taxes payable in 1990 and subsequent years, the
product of (1) the property tax levy limitation for the previous
year determined pursuant to this subdivision multiplied by (2)
an index for market valuation changes equal to the total market
valuation of all taxable property subject to the tax for the
current assessment year divided by the total market valuation of
all taxable property subject to the tax for the previous
assessment year.
For the purpose of determining the property tax levy
limitation for the taxes payable year 1988 and subsequent years
under this subdivision, "total market valuation" means the total
market valuation of all taxable property subject to the tax
without valuation adjustments for fiscal disparities (chapters
276A and 473F), tax increment financing (sections 469.174 to
469.179), or powerline credit (section 273.425), or wind energy
(sections 276.20 to 276.21) values.
Sec. 79. Minnesota Statutes 1997 Supplement, section
275.065, subdivision 6, is amended to read:
Subd. 6. [PUBLIC HEARING; ADOPTION OF BUDGET AND LEVY.]
(a) For purposes of this section, the following terms shall have
the meanings given:
(1) "Initial hearing" means the first and primary hearing
held to discuss the taxing authority's proposed budget and
proposed property tax levy for taxes payable in the following
year, or, for school districts, the current budget and the
proposed property tax levy for taxes payable in the following
year.
(2) "Continuation hearing" means a hearing held to complete
the initial hearing, if the initial hearing is not completed on
its scheduled date.
(3) "Subsequent hearing" means the hearing held to adopt
the taxing authority's final property tax levy, and, in the case
of taxing authorities other than school districts, the final
budget, for taxes payable in the following year.
(b) Between November 29 and December 20, the governing
bodies of a city that has a population over 500, county,
metropolitan special taxing districts as defined in subdivision
3, paragraph (i), and regional library districts shall each hold
an initial public hearing to discuss and seek public comment on
its final budget and property tax levy for taxes payable in the
following year, and the governing body of the school district
shall hold an initial public hearing to review its current
budget and proposed property tax levy for taxes payable in the
following year. The metropolitan special taxing districts shall
be required to hold only a single joint initial public hearing,
the location of which will be determined by the affected
metropolitan agencies.
(c) The initial hearing must be held after 5:00 p.m. if
scheduled on a day other than Saturday. No initial hearing may
be held on a Sunday.
(d) At the initial hearing under this subdivision, the
percentage increase in property taxes proposed by the taxing
authority, if any, and the specific purposes for which property
tax revenues are being increased must be discussed. During the
discussion, the governing body shall hear comments regarding a
proposed increase and explain the reasons for the proposed
increase. The public shall be allowed to speak and to ask
questions. At the public hearing, the school district must also
provide and discuss information on the distribution of its
revenues by revenue source, and the distribution of its spending
by program area.
(e) If the initial hearing is not completed on its
scheduled date, the taxing authority must announce, prior to
adjournment of the hearing, the date, time, and place for the
continuation of the hearing. The continuation hearing must be
held at least five business days but no more than 14 business
days after the initial hearing. A continuation hearing may not
be held later than December 20 except as provided in paragraphs
(f) and (g). A continuation hearing must be held after 5:00
p.m. if scheduled on a day other than Saturday. No continuation
hearing may be held on a Sunday.
(f) The governing body of a county shall hold its initial
hearing on the second Tuesday in December each year, and may
hold additional initial hearings on other dates before December
20 if necessary for the convenience of county residents. If the
county needs a continuation of its hearing, the continuation
hearing shall be held on the third Tuesday in December. If the
third Tuesday in December falls on December 21, the county's
continuation hearing shall be held on Monday, December 20.
(g) The metropolitan special taxing districts shall hold a
joint initial public hearing on the first Monday of December. A
continuation hearing, if necessary, shall be held on the second
Monday of December even if that second Monday is after December
10.
(h) The county auditor shall provide for the coordination
of initial and continuation hearing dates for all school
districts and cities within the county to prevent conflicts
under clauses (i) and (j).
(i) By August 10, each school board and the board of the
regional library district shall certify to the county auditors
of the counties in which the school district or regional library
district is located the dates on which it elects to hold its
initial hearing and any continuation hearing. If a school board
or regional library district does not certify these dates by
August 10, the auditor will assign the initial and continuation
hearing dates. The dates elected or assigned must not conflict
with the initial and continuation hearing dates of the county or
the metropolitan special taxing districts.
(j) By August 20, the county auditor shall notify the
clerks of the cities within the county of the dates on which
school districts and regional library districts have elected to
hold their initial and continuation hearings. At the time a
city certifies its proposed levy under subdivision 1 it shall
certify the dates on which it elects to hold its initial hearing
and any continuation hearing. If a city does not certify these
dates by September 15, the auditor shall assign the initial and
continuation hearing dates. The dates elected or assigned for
the initial hearing must not conflict with the initial hearing
dates of the county, metropolitan special taxing districts,
regional library districts, or school districts within which the
city is located. To the extent possible, the dates of the
city's continuation hearing should not conflict with the
continuation hearing dates of the county, metropolitan special
taxing districts, regional library districts, or school
districts within which the city is located. This paragraph does
not apply to cities of 500 population or less.
(k) The county initial hearing date and the city,
metropolitan special taxing district, regional library district,
and school district initial hearing dates must be designated on
the notices required under subdivision 3. The continuation
hearing dates need not be stated on the notices.
(l) At a subsequent hearing, each county, school district,
city over 500 population, and metropolitan special taxing
district may amend its proposed property tax levy and must adopt
a final property tax levy. Each county, city over 500
population, and metropolitan special taxing district may also
amend its proposed budget and must adopt a final budget at the
subsequent hearing. The final property tax levy must be adopted
prior to adopting the final budget. A school district is not
required to adopt its final budget at the subsequent hearing.
The subsequent hearing of a taxing authority must be held on a
date subsequent to the date of the taxing authority's initial
public hearing. If a continuation hearing is held, the
subsequent hearing must be held either immediately following the
continuation hearing or on a date subsequent to the continuation
hearing. The subsequent hearing may be held at a regularly
scheduled board or council meeting or at a special meeting
scheduled for the purposes of the subsequent hearing. The
subsequent hearing of a taxing authority does not have to be
coordinated by the county auditor to prevent a conflict with an
initial hearing, a continuation hearing, or a subsequent hearing
of any other taxing authority. All subsequent hearings must be
held prior to five working days after December 20 of the levy
year. The date, time, and place of the subsequent hearing must
be announced at the initial public hearing or at the
continuation hearing.
(m) The property tax levy certified under section 275.07 by
a city of any population, county, metropolitan special taxing
district, regional library district, or school district must not
exceed the proposed levy determined under subdivision 1, except
by an amount up to the sum of the following amounts:
(1) the amount of a school district levy whose voters
approved a referendum to increase taxes under section 124.82,
subdivision 3, or 124A.03, subdivision 2, or 124B.03,
subdivision 2, after the proposed levy was certified;
(2) the amount of a city or county levy approved by the
voters after the proposed levy was certified;
(3) the amount of a levy to pay principal and interest on
bonds approved by the voters under section 475.58 after the
proposed levy was certified;
(4) the amount of a levy to pay costs due to a natural
disaster occurring after the proposed levy was certified, if
that amount is approved by the commissioner of revenue under
subdivision 6a;
(5) the amount of a levy to pay tort judgments against a
taxing authority that become final after the proposed levy was
certified, if the amount is approved by the commissioner of
revenue under subdivision 6a;
(6) the amount of an increase in levy limits certified to
the taxing authority by the commissioner of children, families,
and learning or the commissioner of revenue after the proposed
levy was certified; and
(7) the amount required under section 124.755.
(n) This subdivision does not apply to towns and special
taxing districts other than regional library districts and
metropolitan special taxing districts.
(o) Notwithstanding the requirements of this section, the
employer is required to meet and negotiate over employee
compensation as provided for in chapter 179A.
Sec. 80. Minnesota Statutes 1996, section 284.07, is
amended to read:
284.07 [COUNTY AUDITOR'S CERTIFICATE TO BE PRIMA FACIE
EVIDENCE.]
The county auditor's certificate of forfeiture filed as
provided by section 281.23, subdivision 8 9, and acts
supplemental thereto, or by any other law hereafter enacted
providing for the filing and recording of such a certificate or
a certified copy of such certificate or of the record thereof,
shall, for all purposes, be prima facie evidence that all
requirements of the law respecting the taxation and forfeiture
of the lands therein described were complied with, and that at
the date of the certificate absolute title to such lands had
vested in the state by reason of forfeiture for delinquent
taxes, as set forth in the certificate.
Sec. 81. Minnesota Statutes 1997 Supplement, section
297A.48, subdivision 1, is amended to read:
Subdivision 1. [AUTHORIZATION; SCOPE.] (a) A political
subdivision of this state may impose a general sales tax if
permitted by special law or if the subdivision enacted and
imposed the tax before the effective date of section 477A.016
and its predecessor provision.
(b) This section governs the imposition of a general sales
tax by the political subdivision. The provisions of this
section preempt the provisions of any special law:
(1) enacted before its effective date June 2, 1997, or
(2) enacted on or after its effective date June 2, 1997,
that does not explicitly exempt the special law provision from
this section's rules by reference.
(c) This section does not apply to or preempt a sales tax
on motor vehicles or a special excise tax on motor vehicles.
Sec. 82. Minnesota Statutes 1997 Supplement, section
297A.48, subdivision 10, is amended to read:
Subd. 10. [APPLICATION.] This section applies to all local
sales taxes authorized on or after the day of enactment of Laws
1997, chapter 231 June 2, 1997. Starting January 1, 2000, this
section applies to all local sales taxes that were authorized
before the day of enactment of Laws 1997, chapter 231 June 2,
1997.
Sec. 83. Minnesota Statutes 1997 Supplement, section
325D.32, subdivision 4, is amended to read:
Subd. 4. "Wholesaler" means and includes any person who
acquires cigarettes for the purpose of sale to retailers or to
other persons for resale, and who maintains an established place
of business when any part of the business is the sale of
cigarettes at wholesale to persons licensed to sell cigarettes
by the state or any municipality, and where at all times a stock
of cigarettes is available to retailers for resale, or any
cigarette manufacturer or manufacturer's representative who
sells to retailers or to other persons for resale, and any
person defined as a "distributor" under section 297F.01,
subdivision 6 4. The term "wholesaler" shall also include a
"subjobber" as defined by section 297F.01, subdivision 19 5.
This subdivision does not prohibit any person from engaging in
business as a retailer as defined in subdivision 5.
Sec. 84. Minnesota Statutes 1997 Supplement, section
325D.415, is amended to read:
325D.415 [CIGARETTE DISTRIBUTOR FEES.]
A cigarette distributor as defined in section 297F.01,
subdivision 6 4, shall pay to the commissioner an annual fee as
follows:
(1) a fee of $2,500 is due from those distributors whose
annual cigarette tax collections exceed $2,000,000; and
(2) a fee of $1,200 is due from those distributors whose
annual cigarette tax collections are $2,000,000 or less.
The annual fee must be paid by December 31 of each year.
If the fee is not paid when due, the commissioner shall revoke
or refuse to issue or renew the license under chapter 297. The
annual fee must be deposited into the general fund.
Sec. 85. Minnesota Statutes 1996, section 325F.692,
subdivision 2, is amended to read:
Subd. 2. [UNAUTHORIZED INFORMATION SERVICE CHARGES;
LIABILITY.] A telephone service subscriber is not responsible
for information service charges for calls made by minors or
vulnerable adults as defined in section 626.5572, subdivision 2
21, unless expressly authorized by the subscriber or spouse.
Sec. 86. Minnesota Statutes 1997 Supplement, section
326.921, is amended to read:
326.921 [BUILDING PERMIT CONDITIONED ON LICENSURE.]
A political subdivision shall not issue a building permit
to an unlicensed person who is required to be licensed under
sections 326.83 to 326.991. A political subdivision that issues
zoning or land use permits in lieu of a building permit shall
not issue those permits to an unlicensed person who is required
to be licensed under sections 326.83 to 326.911 326.991. The
political subdivision shall report the person applying for the
permit to the commissioner who may bring an action against the
person.
Sec. 87. Minnesota Statutes 1996, section 353.01,
subdivision 2a, is amended to read:
Subd. 2a. [INCLUDED EMPLOYEES.] Public employees whose
salary from one governmental subdivision exceeds $425 in any
month shall participate as members of the association. If the
salary of an employee is less than $425 in a subsequent month,
the employee retains membership eligibility. The following
persons are considered public employees:
(1) employees whose annual salary from one governmental
subdivision exceeds a stipulation prepared in advance, in
writing, to be not more than $5,100 per calendar year or per
school year for school employees for employment expected to be
of a full year's duration or more than the prorated portion of
$5,100 per employment period expected to be of less than a full
year's duration. If compensation from one governmental
subdivision to an employee under this clause exceeds $5,100 per
calendar year or school year after being stipulated in advance
not to exceed that amount, the stipulation is no longer valid
and contributions must be made on behalf of the employee under
section 353.27, subdivision 12, from the month in which the
employee's salary first exceeded $425;
(2) employees whose total salary from concurrent
nontemporary positions in one governmental subdivision exceeds
$425 in any month;
(3) elected officers for service to which they were elected
by the public-at-large, or persons appointed to fill a vacancy
in an elective office, who elect to participate by filing an
application for membership, but not for service on a joint or
regional board that is a governmental subdivision under
subdivision 6, paragraph (a), unless the salary earned for that
service exceeds $425 in any month. The option to become a
member, once exercised, may not be withdrawn during the
incumbency of the person in office;
(4) members who are appointed by the governor to be a state
department head and elect not to be covered by the Minnesota
state retirement system under section 352.021;
(5) employees of elected officers;
(6) persons who elect to remain members under section
136C.75, or 480.181, subdivision 2;
(7) employees of a school district who receive separate
salaries for driving their own buses;
(8) employees of the Minnesota association of townships
when the board of the association, at its option, certifies to
the executive director that its employees are to be included for
purposes of retirement coverage, in which case coverage of all
employees of the association is permanent;
(9) employees of a county historical society who are county
employees;
(10) employees of a county historical society located in
the county whom the county, at its option, certifies to the
executive director to be county employees for purposes of
retirement coverage under this chapter, which status must be
accorded to all similarly situated county historical society
employees and, once established, must continue as long as a
person is an employee of the county historical society and is
not excluded under subdivision 2b; and
(11) employees who became members before July 1, 1988,
based on the total salary of positions held in more than one
governmental subdivision.
Sec. 88. [REPEALER; SECTION 373.40 CONFLICT.]
Laws 1997, chapter 219, section 3, is repealed.
Sec. 89. [REPEALER; SECTION 458D.14.]
Minnesota Statutes 1996, section 458D.14, subdivision 2, is
repealed.
Sec. 90. Minnesota Statutes 1996, section 458D.15, is
amended to read:
458D.15 [TAX LEVIES.]
The board shall have power to levy taxes for debt service
of the district disposal system, including solid waste disposal
facilities, upon all taxable property within the district
without limitation of rate or amount and without affecting the
amount or rate of taxes which may be levied by the board for
other purposes or by any local government unit in the district.
No other provision of law relating to debt limit shall restrict
or in any way limit the power of the board to issue the bonds
and certificates authorized in section 458D.14. The board shall
also have power to levy taxes as provided in sections section
458D.11 and 458D.13. Each of the county auditors shall annually
assess and extend upon the tax rolls of the auditor's county the
portion of the taxes levied by the board in each year which is
certified by the board. Each county treasurer shall collect and
make settlement of such taxes with the treasurer of the board.
Sec. 91. Minnesota Statutes 1996, section 473.191,
subdivision 2, is amended to read:
Subd. 2. [WATER RESOURCES.] The metropolitan council may
provide technical assistance to cities, counties, and towns to
expedite adoption and enforcement of local ordinances under
sections 103F.121, 103F.201 to 103F.221, and 473.204 473.206 to
473.208.
Sec. 92. Minnesota Statutes 1996, section 473.197,
subdivision 2, is amended to read:
Subd. 2. [PROJECT SELECTION.] Before pledging its full
faith and credit, the council must establish criteria for
selecting appropriate qualified housing development projects for
the credit enhancement program. The council may award
preferences for qualified housing development projects that meet
criteria for preferences established by the council. The
council must establish the criteria in consultation with housing
providers in the metropolitan area. In developing priorities
for projects for the credit enhancement program, the council
shall give priority to projects that develop or redevelop
housing for low-income households. The council shall consider
the extent to which projects for the credit enhancement program
are developed in collaboration with Minnesota Youth-Build under
sections 268.361 to 268.367 268.366; or training for housing
programs for homeless adults under Laws 1992, chapter 376,
article 6; or other employment training programs.
Sec. 93. Minnesota Statutes 1997 Supplement, section
473.249, subdivision 1, is amended to read:
Subdivision 1. [INDEXED LIMIT.] (a) The metropolitan
council may levy a tax on all taxable property in the
metropolitan area defined in section 473.121 to provide funds
for the purposes of sections 473.121 to 473.249 and for the
purpose of carrying out other responsibilities of the council as
provided by law. This tax for general purposes shall be levied
and collected in the manner provided by section 473.13.
(b) The property tax levied by the metropolitan council for
general purposes shall not exceed the following amount for the
years specified:
(a) for taxes payable in 1988, the product of 8/30 of one
mill multiplied by the total assessed valuation of all taxable
property located within the metropolitan area as adjusted by the
provisions of Minnesota Statutes 1986, sections 272.64; 273.13,
subdivision 7a; and 275.49;
(b) for taxes payable in 1989, the product of (1) the
metropolitan council's property tax levy limitation for general
purposes for the taxes payable year 1988 determined under clause
(a) multiplied by (2) an index for market valuation changes
equal to the assessment year 1988 total market valuation of all
taxable property located within the metropolitan area divided by
the assessment year 1987 total market valuation of all taxable
property located within the metropolitan area; and
(c) for taxes payable in 1990 and subsequent years, the
product of: (1) the metropolitan council's property tax levy
limitation for general purposes for the previous year determined
under this subdivision multiplied by (2) the lesser of
(i) an index for market valuation changes equal to the
total market valuation of all taxable property located within
the metropolitan area for the current taxes payable year divided
by the total market valuation of all taxable property located
within the metropolitan area for the previous taxes payable
year;
(ii) an index equal to the implicit price deflator for
government consumption expenditures and gross investment for
state and local governments for the most recent month for which
data are available divided by the same implicit price deflator
for the same month of the previous year; or
(iii) 103 percent.
(c) For the purpose of determining the metropolitan
council's property tax levy limitation for general purposes for
the taxes payable year 1988 and subsequent years under this
subdivision, "total market valuation" means the total market
valuation of all taxable property within the metropolitan area
without valuation adjustments for fiscal disparities (chapter
473F), tax increment financing (sections 469.174 to 469.179),
and high voltage transmission lines (section 273.425).
Sec. 94. Minnesota Statutes 1996, section 477A.011,
subdivision 27, is amended to read:
Subd. 27. [REVENUE BASE.] "Revenue base" means the amount
levied for taxes payable in the previous year, including the
levy on the fiscal disparity distribution under section 276A.06,
subdivision 3, paragraph (a), or 473F.08, subdivision 3,
paragraph (a), and before reduction for the homestead and
agricultural credit aid under section 273.1398, subdivision 2,
equalization aid under section 477A.013, subdivision 5, and
disparity reduction aid under section 273.1398, subdivision 3;
plus the originally certified local government aid in the
previous year under sections 477A.011, 477A.012, and 477A.013,
except for 477A.013, subdivision 5; and the taconite aids
received in the previous year under sections 298.28 and 298.282.
Sec. 95. Minnesota Statutes 1997 Supplement, section
477A.011, subdivision 34, is amended to read:
Subd. 34. [CITY REVENUE NEED.] (a) For a city with a
population equal to or greater than 2,500, "city revenue need"
is the sum of (1) 3.462312 times the pre-1940 housing
percentage; plus (2) 2.093826 times the commercial industrial
percentage; plus (3) 6.862552 times the population decline
percentage; plus (4) .00026 times the city population; plus (5)
152.0141.
(b) For a city with a population less than 2,500, "city
revenue need" is the sum of (1) 1.795919 times the pre-1940
housing percentage; plus (2) 1.562138 times the commercial
industrial percentage; plus (3) 4.177568 times the population
decline percentage; plus (4) 1.04013 times the transformed
population; minus (5) 107.475.
(c) The city revenue need cannot be less than zero.
(d) For calendar year 1995 1998 and subsequent years, the
city revenue need for a city, as determined in paragraphs (a) to
(c), is multiplied by the ratio of the annual implicit price
deflator for government consumption expenditures and gross
investment for state and local governments as prepared by the
United States Department of Commerce, for the most recently
available year to the 1993 implicit price deflator for state and
local government purchases.
Sec. 96. Minnesota Statutes 1996, section 477A.0132,
subdivision 3, is amended to read:
Subd. 3. [ORDER OF AID REDUCTIONS.] (a) The aid reduction
to a local government calculated under subdivisions 1,
paragraphs (a) and (c), and 2, paragraphs (a) and (c), is
applied to homestead and agricultural credit aid under section
273.1398 only.
(b) The aid reduction to a local government calculated
under subdivisions 1, paragraph (d), and 2, paragraph (d), is
applied to homestead and agricultural credit aid paid under
section 273.1398 only; the amount is first subtracted from the
amount paid to a county's regional rail authority, if there is
one, and then from the county's general homestead and
agricultural credit aid.
(c) The aid reduction to a local government as calculated
under other paragraphs of subdivisions 1 and 2, is first applied
to its local government aid under sections 477A.012 and section
477A.013 excluding aid under section 477A.013, subdivision 5;
then, if necessary, to its equalization aid under section
477A.013, subdivision 5; then if necessary, to its homestead and
agricultural credit aid under section 273.1398, subdivision 2;
and then, if necessary, to its disparity reduction aid under
section 273.1398, subdivision 3. No aid payment may be less
than $0. Aid reductions under this section in any given year
shall be divided equally between the July and December aid
payments unless specified otherwise.
Sec. 97. Minnesota Statutes 1996, section 477A.014,
subdivision 1, is amended to read:
Subdivision 1. [CALCULATIONS AND PAYMENTS.] The
commissioner of revenue shall make all necessary calculations
and make payments pursuant to sections 477A.012, 477A.013,
477A.0132, and 477A.03 directly to the affected taxing
authorities annually. In addition, the commissioner shall
notify the authorities of their aid amounts, as well as the
computational factors used in making the calculations for their
authority, and those statewide total figures that are pertinent,
before August 1 of the year preceding the aid distribution
year. For the purposes of this subdivision, aid is determined
for a city or town based on its city or town status as of June
30 of the year preceding the aid distribution year. If the
effective date for a municipal incorporation, consolidation,
annexation, detachment, dissolution, or township organization is
on or before June 30 of the year preceding the aid distribution
year, such change in boundaries or form of government shall be
recognized for aid determinations for the aid distribution
year. If the effective date for a municipal incorporation,
consolidation, annexation, detachment, dissolution, or township
organization is after June 30 of the year preceding the aid
distribution year, such change in boundaries or form of
government shall not be recognized for aid determinations until
the following year.
Sec. 98. Minnesota Statutes 1996, section 477A.014,
subdivision 3, is amended to read:
Subd. 3. [AID AMOUNT CORRECTION.] If, due to an error in
the factors used to calculate a taxing authority's aid pursuant
to section 477A.012 or 477A.013 the amount indicated in the
certification of the commissioner to the taxing authority for a
year is less than the amount to which it is entitled pursuant to
this section, the commissioner of revenue shall additionally
distribute the amount necessary to make the full correct
distribution to the taxing authority. The additional
distribution shall be paid from the general fund and shall not
diminish the distributions made to other taxing authorities
under this section.
Sec. 99. [REPEALER; SECTIONS 518.611 AND 518.613
CONFLICTS.]
Laws 1997, chapter 187, article 2, sections 11 and 12, are
repealed.
Sec. 100. Minnesota Statutes 1997 Supplement, section
552.04, subdivision 1, is amended to read:
Subdivision 1. [RULES OF CIVIL PROCEDURE.] Unless this
chapter specifically provides otherwise, the Minnesota Rules of
Civil Procedure for the district courts and section 518.511
518.551 apply in all proceedings under this chapter.
Sec. 101. Minnesota Statutes 1997 Supplement, section
609.749, subdivision 2, is amended to read:
Subd. 2. [HARASSMENT AND STALKING CRIMES.] (a) A person
who harasses another by committing any of the following acts is
guilty of a gross misdemeanor:
(1) directly or indirectly manifests a purpose or intent to
injure the person, property, or rights of another by the
commission of an unlawful act;
(2) stalks, follows, or pursues another;
(3) returns to the property of another if the actor is
without claim of right to the property or consent of one with
authority to consent;
(4) repeatedly makes telephone calls, or induces a victim
to make telephone calls to the actor, whether or not
conversation ensues;
(5) makes or causes the telephone of another repeatedly or
continuously to ring; or
(6) repeatedly mails or delivers or causes the delivery of
letters, telegrams, messages, packages, or other objects; or
(7) engages in any other harassing conduct that interferes
with another person or intrudes on the person's privacy or
liberty.
(b) The conduct described in paragraph (a), clauses (4) and
(5), may be prosecuted at the place where any call is either
made or received. The conduct described in paragraph (a),
clause (6), may be prosecuted where any letter, telegram,
message, package, or other object is either sent or received.
Sec. 102. Minnesota Statutes 1997 Supplement, section
609.7495, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purposes of this
section, the following terms have the meanings given them.
(a) "Facility" means any of the following:
(1) a hospital or other health institution licensed under
sections 144.50 to 144.56;
(2) a medical facility as defined in section 144.561;
(3) an agency, clinic, or office operated under the
direction of or under contract with the commissioner of health
or a community health board, as defined in section 145A.02;
(4) a facility providing counseling regarding options for
medical services or recovery from an addiction;
(5) a facility providing emergency shelter services for
battered women, as defined in section 611A.31, subdivision 3, or
a facility providing transitional housing for battered women and
their children;
(6) a residential care home or home as defined in section
144B.01, subdivision 5;
(7) a facility as defined in section 626.556, subdivision
2, paragraph (f);
(8) (7) a facility as defined in section 626.5572,
subdivision 6, where the services described in that paragraph
are provided;
(9) (8) a place to or from which ambulance service, as
defined in section 144E.001, is provided or sought to be
provided; and
(10) (9) a hospice program licensed under section 144A.48.
(b) "Aggrieved party" means a person whose access to or
egress from a facility is obstructed in violation of subdivision
2, or the facility.
Sec. 103. Minnesota Statutes 1996, section 611A.21,
subdivision 2, is amended to read:
Subd. 2. As used in sections 611A.21 to 611A.23 and
611A.221, a "sexual attack" means any nonconsensual act of rape,
sodomy, or indecent liberties.
Sec. 104. Minnesota Statutes 1996, section 611A.25,
subdivision 1, is amended to read:
Subdivision 1. [CREATION.] The commissioner of corrections
shall appoint a 12-member advisory council on sexual assault to
advise the commissioner on the implementation and continued
operation of sections 611A.21 to 611A.23 and 611A.221. The
sexual assault advisory council shall also serve as a liaison
between the commissioner and organizations that provide services
to victims of sexual assault, and as an advocate within the
department of corrections for the rights of sexual assault
victims.
Sec. 105. Minnesota Statutes 1997 Supplement, section
611A.74, subdivision 1a, is amended to read:
Subd. 1a. [ORGANIZATION OF OFFICE.] (a) The ombudsman may
appoint employees necessary to discharge responsibilities of the
office. The ombudsman may delegate to staff members any of the
ombudsman's authority or duties except the duties of formally
making recommendations to appropriate authorities and reports to
the office of the governor or to the legislature.
(b) The commissioner of public safety shall provide office
space and administrative support services to the ombudsman and
the ombudsman's staff.
(c) The crime victim ombudsman shall report to the
legislature biennially on the activities of the crime victim
ombudsman.
Sec. 106. [REPEALER; SECTION 611A.75 CONFLICT.]
Laws 1997, chapter 239, article 7, section 37, is repealed.
Sec. 107. [REVISOR'S INSTRUCTION.]
The revisor shall delete the term "19...." where it appears
in forms or similar places in Minnesota Statutes and Minnesota
Rules and replace it with "......."
Sec. 108. [EFFECTIVE DATE.]
Section 101 is effective the day following final enactment.
ARTICLE 2
UNIFIED TRIAL COURT REFERENCE CORRECTIONS
Section 1. Minnesota Statutes 1996, section 3C.08,
subdivision 1, is amended to read:
Subdivision 1. [PERMANENT REQUIRED CONTENTS.] The
revisor's office shall publish editions of Minnesota Statutes.
Minnesota Statutes must contain the constitution of the United
States, the constitution of Minnesota, all general and permanent
statutes in force, an alphabetical index, a table of permanent
local laws, rules of the supreme court, rules of the district
court, rules of the county court, rules of other courts, rules
applicable to the courts generally, and any other information
the revisor considers desirable and practicable.
Sec. 2. Minnesota Statutes 1996, section 3C.12,
subdivision 4, is amended to read:
Subd. 4. [SALE TO COUNTY OFFICERS.] Each county shall
purchase from the revisor one copy each for the use of the judge
of the county court or county municipal court, court
administrator of the county court or county municipal court,
county attorney, sheriff, auditor, treasurer, county recorder,
and superintendent of schools.
Sec. 3. Minnesota Statutes 1996, section 10A.01,
subdivision 19, is amended to read:
Subd. 19. [OFFICE HOLDER.] "Office holder" means an
individual who holds any statewide or legislative office, except
a federal office for which candidates are required to report
under federal laws, state supreme court justice, and judges of
the court of appeals, or district court, county court, or county
municipal court.
Sec. 4. Minnesota Statutes 1996, section 15A.082,
subdivision 1, is amended to read:
Subdivision 1. [CREATION.] A compensation council is
created each even-numbered year to assist the legislature in
establishing the compensation of constitutional officers,
members of the legislature, justices of the supreme court,
judges of the court of appeals, and district court, county
court, and county municipal court, and the heads of state and
metropolitan agencies included in section 15A.081.
Sec. 5. Minnesota Statutes 1996, section 15A.082,
subdivision 3, is amended to read:
Subd. 3. [SUBMISSION OF RECOMMENDATIONS.] (a) By May 1 in
each odd-numbered year, the compensation council shall submit to
the speaker of the house of representatives and the president of
the senate salary recommendations for constitutional officers,
legislators, justices of the supreme court, and judges of the
court of appeals, and district court, county court, and county
municipal court. The recommended salary for each office must
take effect on the first Monday in January of the next
odd-numbered year, with no more than one adjustment, to take
effect on January 1 of the year after that. The salary
recommendations for legislators, judges, and constitutional
officers take effect if an appropriation of money to pay the
recommended salaries is enacted after the recommendations are
submitted and before their effective date. Recommendations may
be expressly modified or rejected. The salary recommendations
for legislators are subject to additional terms that may be
adopted according to section 3.099, subdivisions 1 and 3.
(b) The council shall also submit to the speaker of the
house of representatives and the president of the senate
recommendations for the salary ranges of the heads of state and
metropolitan agencies, to be effective retroactively from
January 1 of that year if enacted into law. The recommendations
shall include the appropriate group in section 15A.081 to which
each agency head should be assigned and the appropriate
limitation on the maximum range of the salaries of the agency
heads in each group, expressed as a percentage of the salary of
the governor.
Sec. 6. Minnesota Statutes 1996, section 48.846,
subdivision 3, is amended to read:
Subd. 3. Upon finding that the applicant is duly
authorized to exercise fiduciary powers, the district court
shall enter an order substituting the applicant bank or trust
company in every fiduciary capacity held by the affiliated bank
or other bank or trust company for which substitution is sought
and which joined in the application, except as may be otherwise
specified in the application, and except for fiduciary
capacities in any account with respect to which a person
beneficially interested in the account has filed objection to
the substitution and has appeared and been heard in support of
the objection. Upon entry of the order, or at a later date as
may be specified in the order, the applicant bank or trust
company shall, without further act, and notwithstanding any
other law to the contrary, be substituted in every such
fiduciary capacity. The substitution may be made a matter of
record in any county of this state by filing a certified copy of
the order of substitution in the office of the court
administrator of any district, or county court in this state, or
by filing a certified copy of the order in the office of the
county recorder of any county in this state.
Sec. 7. Minnesota Statutes 1996, section 127.09, is
amended to read:
127.09 [REFUSING TO SERVE ON SCHOOL BOARD.]
Any person who accepts election or appointment to any
school board and who refuses or neglects to qualify or to serve
or to perform any of the duties of the office, shall be fined
$10 for each offense. The fine shall be collected in an action
before a county or municipal district court. It may be
prosecuted in the name of the district by any school board
member or eligible voter of the district.
Sec. 8. Minnesota Statutes 1996, section 127.17,
subdivision 4, is amended to read:
Subd. 4. ["RUSHING" OR SOLICITING FORBIDDEN.] It is a
misdemeanor for any person, not a pupil of the schools, to be
upon school grounds, or to enter any school building, for the
purpose of "rushing" or soliciting any pupil of the schools to
join any fraternity, society, or association organized outside
of the schools. Municipal and county courts have The district
court has jurisdiction of offenses committed under this
subdivision. All persons found guilty shall be fined not less
than $2, nor more than $10, to be paid to the county treasurer
or, upon failure to pay the fine, to be imprisoned for not more
than ten days.
Sec. 9. Minnesota Statutes 1996, section 134A.01, is
amended to read:
134A.01 [ESTABLISHMENT OF COUNTY LAW LIBRARY.]
Any county may establish a county law library wherever
sessions of court are required to be held by law upon the filing
of an order by the judge of the county or county municipal court
or by a district court judge of the judicial district in which
the county is situated with the court administrator of the
county.
Sec. 10. Minnesota Statutes 1996, section 144.651,
subdivision 1, is amended to read:
Subdivision 1. [LEGISLATIVE INTENT.] It is the intent of
the legislature and the purpose of this section to promote the
interests and well being of the patients and residents of health
care facilities. No health care facility may require a patient
or resident to waive these rights as a condition of admission to
the facility. Any guardian or conservator of a patient or
resident or, in the absence of a guardian or conservator, an
interested person, may seek enforcement of these rights on
behalf of a patient or resident. An interested person may also
seek enforcement of these rights on behalf of a patient or
resident who has a guardian or conservator through
administrative agencies or in district court or county court
having jurisdiction over guardianships and conservatorships.
Pending the outcome of an enforcement proceeding the health care
facility may, in good faith, comply with the instructions of a
guardian or conservator. It is the intent of this section that
every patient's civil and religious liberties, including the
right to independent personal decisions and knowledge of
available choices, shall not be infringed and that the facility
shall encourage and assist in the fullest possible exercise of
these rights.
Sec. 11. Minnesota Statutes 1996, section 145.698,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY.] When a person has been accused
of violating any state or local law or ordinance in district or
municipal court, and if it appears to the court that the
defendant may be a drug dependent person, or by reason of the
repeated use of drugs may not be responsible for that person's
actions, the court may adjourn the proceedings and order the
county attorney to file a petition for commitment of the
defendant pursuant to the Minnesota hospitalization and
commitment act for confinement in a hospital, a mental health
center, the Willmar regional treatment center or other drug
treatment facility until such time as the court feels that such
person can be returned to the court.
Sec. 12. Minnesota Statutes 1996, section 164.08,
subdivision 3, is amended to read:
Subd. 3. [MAINTENANCE COSTS.] When a cartway is not
maintained by the town, one or more of the private property
owners who own land adjacent to a cartway or one or more of the
private property owners who has no access to the owner's land
except by way of the cartway may maintain the cartway. The cost
of maintenance shall be equitably divided among all of the
private property owners who own land adjacent to the cartway and
all of the private property owners who have no access to their
land except by way of the cartway. The following factors may be
taken into consideration when determining an equitable share of
maintenance expenses: the frequency of use, the type and weight
of the vehicles or equipment, and the distance traveled on the
cartway to the individual's property. The town board may
determine the maintenance costs to be apportioned to each
private property owner if the private property owners cannot
agree on the division of the costs. The town board's decision
may be appealed within 30 days to the county district court of
the county in which the cartway is located. Private property
owners who pay the cost of maintenance shall have a civil cause
of action against any of the private property owners who refuse
to pay their share of the maintenance cost.
Sec. 13. Minnesota Statutes 1997 Supplement, section
169.123, subdivision 6, is amended to read:
Subd. 6. [HEARING.] (a) A hearing under this section shall
be before a district judge in any county in the judicial
district where the alleged offense occurred. The hearing shall
be to the court and may be conducted at the same time and in the
same manner as hearings upon pretrial motions in the criminal
prosecution under section 169.121, if any. The hearing shall be
recorded. The commissioner of public safety shall appear and be
represented by the attorney general or through the prosecuting
authority for the jurisdiction involved. The hearing shall be
held at the earliest practicable date, and in any event no later
than 60 days following the filing of the petition for review.
The judicial district administrator shall establish procedures
to ensure efficient compliance with this subdivision. To
accomplish this, the administrator may, whenever possible,
consolidate and transfer review hearings among the county courts
locations within the judicial district where terms of district
court are held.
(b) The scope of the hearing shall be limited to the issues
in clauses (1) to (10):
(1) Did the peace officer have probable cause to believe
the person was driving, operating, or in physical control of:
(i) a motor vehicle in violation of section 169.121; or
(ii) a commercial motor vehicle in violation of section
169.1211?
(2) Was the person lawfully placed under arrest for
violation of section 169.121 or 169.1211?
(3) Was the person involved in a motor vehicle accident or
collision resulting in property damage, personal injury, or
death?
(4) Did the person refuse to take a screening test provided
for by section 169.121, subdivision 6?
(5) If the screening test was administered, did the test
indicate an alcohol concentration of 0.10 or more?
(6) At the time of the request for the test, did the peace
officer inform the person of the person's rights and the
consequences of taking or refusing the test as required by
subdivision 2?
(7) Did the person refuse to permit the test?
(8) If a test was taken by a person driving, operating, or
in physical control of a motor vehicle, did the test results
indicate at the time of testing:
(i) an alcohol concentration of 0.10 or more; or
(ii) the presence of a controlled substance listed in
schedule I or II, other than marijuana or tetrahydrocannabinols?
(9) If a test was taken by a person driving, operating, or
in physical control of a commercial motor vehicle, did the test
results indicate an alcohol concentration of 0.04 or more at the
time of testing?
(10) Was the testing method used valid and reliable and
were the test results accurately evaluated?
(c) It shall be an affirmative defense for the petitioner
to prove that, at the time of the refusal, the petitioner's
refusal to permit the test was based upon reasonable grounds.
(d) Certified or otherwise authenticated copies of
laboratory or medical personnel reports, records, documents,
licenses, and certificates shall be admissible as substantive
evidence.
(e) The court shall order that the revocation or
disqualification be either rescinded or sustained and forward
the order to the commissioner of public safety. The court shall
file its order within 14 days following the hearing. If the
revocation or disqualification is sustained, the court shall
also forward the person's driver's license or permit to the
commissioner of public safety for further action by the
commissioner of public safety if the license or permit is not
already in the commissioner's possession.
Sec. 14. Minnesota Statutes 1996, section 169.421,
subdivision 5, is amended to read:
Subd. 5. [PROCEDURES.] A civil action may be commenced as
is any civil action or by the issuance of a citation to the
owner of the vehicle by any law enforcement officer who has
reason to believe that a violation has occurred. Actions
commenced by the issuance of a citation by a law enforcement
officer shall be tried by the prosecuting authority responsible
for misdemeanor prosecutions in the jurisdiction where a
violation occurs. Any damages recovered in an action brought by
a public agency shall be deposited in the treasury of the
jurisdiction trying the action and distributed as provided in
section 487.33. Any county or county municipal district court
may establish a separate civil calendar for cases brought under
this section.
Sec. 15. Minnesota Statutes 1996, section 169.421,
subdivision 7, is amended to read:
Subd. 7. [PAYMENT.] Any county or county municipal
district court may establish a schedule of costs and civil
damages, and procedures for payment, in cases brought by a
public agency under which the defendant may consent to default
judgment and make payment according to the schedule without
making a personal appearance in court.
Sec. 16. Minnesota Statutes 1996, section 169.871,
subdivision 2, is amended to read:
Subd. 2. [JURISDICTION.] Notwithstanding the provisions of
sections 487.15, 488A.01 and 488A.18, The county and municipal
courts district court may hear, try and determine actions
commenced under this section. Trials under this section shall
be to the court, sitting without a jury. Trials to the court
under this section shall, if possible, be conducted at the same
time as pretrial motions or trials in the criminal prosecution
under sections 169.81 to 169.87, if any, subject to the
agreement of the defendant.
Sec. 17. Minnesota Statutes 1996, section 169.965,
subdivision 3, is amended to read:
Subd. 3. [PROSECUTION.] The prosecution may be before any
county or municipal a district court having jurisdiction over
the place where the violation occurs.
Sec. 18. Minnesota Statutes 1996, section 169.966,
subdivision 3, is amended to read:
Subd. 3. [PROSECUTION.] The prosecution may be before any
county or municipal a district court having jurisdiction over
the place where the violation occurs.
Sec. 19. Minnesota Statutes 1996, section 169.971,
subdivision 4, is amended to read:
Subd. 4. [COURT.] "Court" means a municipal court,
district court, or county court.
Sec. 20. Minnesota Statutes 1996, section 169.99,
subdivision 3, is amended to read:
Subd. 3. [ALTERATION BY LOCAL GOVERNMENTS.] Any city of
the first class, through its governing body, may alter by
deletion or addition the uniform traffic ticket in such manner
as it deems advisable for use in such city, provided that it
includes the notice required by subdivision 1, paragraph (b).
In respect to any public corporation organized and existing
pursuant to sections 473.601 to 473.679, whose ordinances and
regulations for the control of traffic are enforced through
prosecution in the municipal court of district court having
jurisdiction in one or the other of the cities of the first
class included within such public corporation, the traffic
ticket used in such enforcement shall conform to that used by
the city of the first class in whose municipal court the
district court having jurisdiction where its ordinances and
regulations are enforced, except as to color and as to
information uniquely applying to such public corporation and to
its ordinances and regulations.
Sec. 21. Minnesota Statutes 1996, section 204B.11,
subdivision 1, is amended to read:
Subdivision 1. [AMOUNT; DISHONORED CHECKS; CONSEQUENCES.]
Except as provided by subdivision 2, a filing fee shall be paid
by each candidate who files an affidavit of candidacy. The fee
shall be paid at the time the affidavit is filed. The amount of
the filing fee shall vary with the office sought as follows:
(a) for the office of governor, lieutenant governor,
attorney general, state auditor, state treasurer, secretary of
state, representative in Congress, judge of the supreme court,
judge of the court of appeals, or judge of the district court,
or judge of the county municipal court of Hennepin county, $300;
(b) for the office of senator in Congress, $400;
(c) for office of senator or representative in the
legislature, $100;
(d) for a county office, $50; and
(e) for the office of soil and water conservation district
supervisor, $20.
For the office of presidential elector, and for those
offices for which no compensation is provided, no filing fee is
required.
The filing fees received by the county auditor shall
immediately be paid to the county treasurer. The filing fees
received by the secretary of state shall immediately be paid to
the state treasurer.
When an affidavit of candidacy has been filed with the
appropriate filing officer and the requisite filing fee has been
paid, the filing fee shall not be refunded. If a candidate's
filing fee is paid with a check, draft, or similar negotiable
instrument for which sufficient funds are not available or that
is dishonored, notice to the candidate of the worthless
instrument must be sent by the filing officer via registered
mail no later than immediately upon the closing of the filing
deadline with return receipt requested. The candidate will have
five days from the time the filing officer receives proof of
receipt to issue a check or other instrument for which
sufficient funds are available. The candidate issuing the
worthless instrument is liable for a service charge pursuant to
section 332.50. If adequate payment is not made, the name of
the candidate must not appear on any official ballot and the
candidate is liable for all costs incurred by election officials
in removing the name from the ballot.
Sec. 22. Minnesota Statutes 1996, section 204B.11,
subdivision 2, is amended to read:
Subd. 2. [PETITION IN PLACE OF FILING FEE.] At the time of
filing an affidavit of candidacy, a candidate may present a
petition in place of the filing fee. The petition may be signed
by any individual eligible to vote for the candidate. A
nominating petition filed pursuant to section 204B.07 or
204B.13, subdivision 4, is effective as a petition in place of a
filing fee if the nominating petition includes a prominent
statement informing the signers of the petition that it will be
used for that purpose.
The number of signatures on a petition in place of a filing
fee shall be as follows:
(a) for a state office voted on statewide, or for president
of the United States, or United States senator, 2,000;
(b) for a congressional office, 1,000;
(c) for a county or legislative office, or for the office
of district, county, or county municipal judge, 500; and
(d) for any other office which requires a filing fee as
prescribed by law, municipal charter, or ordinance, the lesser
of 500 signatures or five percent of the total number of votes
cast in the municipality, ward, or other election district at
the preceding general election at which that office was on the
ballot.
An official with whom petitions are filed shall make sample
forms for petitions in place of filing fees available upon
request.
Sec. 23. Minnesota Statutes 1996, section 204B.34,
subdivision 3, is amended to read:
Subd. 3. [JUDICIAL ELECTIONS.] When one or more justices
of the supreme court or judges of the court of appeals or of a
district, county or county municipal court are to be nominated
at the same primary or elected at the same general election, the
notice of election shall state the name of each justice or judge
whose successor is to be nominated or elected.
Sec. 24. Minnesota Statutes 1996, section 204C.35,
subdivision 2, is amended to read:
Subd. 2. [OPTIONAL RECOUNT.] A losing candidate for
nomination or election to a legislative office or to a district,
county, or county municipal court judicial office may request a
recount in a manner provided in this section at the candidate's
own expense when the vote difference is greater than the
difference required by this section. The votes shall be
recounted as provided in this section if the candidate files a
request during the time for filing notice of contest of the
primary or election for which a recount is sought. The
requesting candidate shall file with the filing officer a bond,
cash, or surety in an amount set by the filing officer for the
payment of the recount expenses. The requesting candidate is
responsible for the following expenses: the compensation of the
secretary of state, or designees, and any election judge,
municipal clerk, county auditor, administrator, or other
personnel who participate in the recount; the costs of computer
operation, preparation of ballot counting equipment, necessary
supplies and travel related to the recount; the compensation of
the appropriate canvassing board and costs of preparing for the
canvass of recount results; and any attorney fees incurred in
connection with the recount by the governing body responsible
for the recount.
Sec. 25. Minnesota Statutes 1996, section 204D.02,
subdivision 1, is amended to read:
Subdivision 1. [OFFICERS.] All elective state and county
officers, justices of the supreme court, judges of the court of
appeals, and district, county and county municipal courts court,
state senators and state representatives, and senators and
representatives in Congress shall be elected at the state
general election held in the year before their terms of office
expire. Presidential electors shall be chosen at the state
general election held in the year before the expiration of a
term of a president of the United States.
Sec. 26. Minnesota Statutes 1996, section 204D.08,
subdivision 6, is amended to read:
Subd. 6. [STATE AND COUNTY NONPARTISAN PRIMARY BALLOT.]
The state and county nonpartisan primary ballot shall be headed
"State and County Nonpartisan Primary Ballot." It shall be
printed on canary paper. The names of candidates for nomination
to the supreme court, court of appeals, district, county and
county municipal courts court, and all county offices shall be
placed on this ballot.
No candidate whose name is placed on the state and county
nonpartisan primary ballot shall be designated or identified as
the candidate of any political party or in any other manner
except as expressly provided by law.
Sec. 27. Minnesota Statutes 1996, section 257.022,
subdivision 1, is amended to read:
Subdivision 1. [WHEN PARENT IS DECEASED.] If a parent of
an unmarried minor child is deceased, the parents and
grandparents of the deceased parent may be granted reasonable
visitation rights to the unmarried minor child during minority
by the district or county court upon finding that visitation
rights would be in the best interests of the child and would not
interfere with the parent child relationship. The court shall
consider the amount of personal contact between the parents or
grandparents of the deceased parent and the child prior to the
application.
Sec. 28. Minnesota Statutes 1996, section 257.022,
subdivision 2a, is amended to read:
Subd. 2a. [WHEN CHILD HAS RESIDED WITH GRANDPARENTS.] If
an unmarried minor has resided with grandparents or
great-grandparents for a period of 12 months or more, and is
subsequently removed from the home by the minor's parents, the
grandparents or great-grandparents may petition the district or
county court for an order granting them reasonable visitation
rights to the child during minority. The court shall grant the
petition if it finds that visitation rights would be in the best
interests of the child and would not interfere with the parent
and child relationship.
Sec. 29. Minnesota Statutes 1996, section 257.59,
subdivision 1, is amended to read:
Subdivision 1. [COURT JURISDICTION.] Except in Hennepin
and Ramsey counties, the county court has jurisdiction of an
action brought under sections 257.51 to 257.74. In Hennepin and
Ramsey counties, The district court has jurisdiction of an
action brought under sections 257.51 to 257.74. The action may
be joined with an action for dissolution, annulment, legal
separation, custody under chapter 518, or reciprocal enforcement
of support.
Sec. 30. Minnesota Statutes 1996, section 345.02, is
amended to read:
345.02 [UNCLAIMED PROPERTY MAY BE SOLD UPON NOTICE; SUMMARY
SALE.]
If any property is not claimed or taken away within one
year after its reception, it may be sold upon 60 days' notice.
If it is perishable or subject to decay by keeping, it may be
sold, if not taken away within 30 days, upon ten days' notice.
If it is in a state of decay, or manifestly liable to decay, it
may be summarily sold by order of any judge of the county or
municipal district court after inspection and without notice.
When not sold summarily, notice shall be given to the owner
personally or by mail. If the name of the owner is not known,
and cannot be ascertained with reasonable diligence, published
notice for the prescribed periods shall be given.
Sec. 31. Minnesota Statutes 1996, section 345.03, is
amended to read:
345.03 [PROCEEDINGS IF PROPERTY NOT CLAIMED.]
If the owner or person entitled to the property does not
take it away and pay the charges on it after notice has been
given, the person having possession of it or the possessor's
agent shall make and deliver to the judge of any county or
municipal district court, an affidavit setting forth a
description of the property, the date of its reception, the
giving of the notice, and whether the owner is known or unknown.
Sec. 32. Minnesota Statutes 1996, section 345.14, is
amended to read:
345.14 [FEES OF COURT ADMINISTRATORS AND CONSTABLES.]
For services performed under the provisions of this
chapter, court administrators of county or municipal
courts district court shall be allowed $1 for each day, and
constables the same fees as are allowed by law for sales upon
execution, and ten cents per folio for making an inventory of
the property.
Sec. 33. Minnesota Statutes 1996, section 346.04, is
amended to read:
346.04 [CHARGES FOR KEEPING.]
The person entitled to the possession of any estray, at any
time within one year after notice is filed with the town clerk,
may have it restored upon proving the right to it and paying all
lawful charges that occur in relation to it. If the person and
the finder cannot agree as to the amount of the charges, or upon
what should be allowed for the use of the estray, either party,
on notice to the other, may apply to a county or municipal
district court judge to settle the disagreement. The judge may
examine witnesses on oath. If any amount is owed to the finder,
over the value of the use of the estray, the money, with costs,
shall be a lien upon the estray. The costs of the adjudication
shall be allocated by the judge.
Sec. 34. Minnesota Statutes 1996, section 346.55,
subdivision 2, is amended to read:
Subd. 2. [JURISDICTION.] Notwithstanding sections 487.15,
488A.01, and 488A.18, The county and municipal courts district
court may hear, try, and determine actions started under this
section. Trials under this section must be to the court,
sitting without a jury.
Sec. 35. Minnesota Statutes 1996, section 347.04, is
amended to read:
347.04 [PUBLIC NUISANCE.]
Any dog that habitually worries, chases, or molests teams
or persons traveling peaceably on the public road is a public
nuisance. Upon complaint in writing to a county or municipal
judge containing a description of the dog, including the name of
the dog and its owner, or stating that the name or names are not
known, and alleging that the dog is a public nuisance, the judge
shall issue a summons, if the owner is known, commanding the
owner to appear before the judge at a specified time, not less
than six nor more than ten days from the date of the summons, to
answer the complaint. The summons shall be served not less than
six days before the day of the hearing in the same manner as
other county or municipal district court summonses.
Sec. 36. Minnesota Statutes 1996, section 383A.281,
subdivision 13, is amended to read:
Subd. 13. [COUNTY PERSONNEL SYSTEM.] "County personnel
system" means all employees in the departments or agencies of
county government or joint city and county agencies which
receive their funding in whole or in part from the county board,
including employees of:
(a) elected officials;
(b) the Saint Paul-Ramsey medical center commission; and
(c) the court administrator of district court;
but not including:
(1) district and municipal court judges;
(2) court reporters, law clerks, referees employed by the
district and municipal courts, employees of the municipal court,
and the second judicial district administrator's office;
(3) court commissioners;
(4) the public defender;
(5) employees of the examiner of titles, agricultural
extension service, humane society, historical society, and soil
and water conservation district; and
(6) other employees not subject to a county personnel
system because of state law.
Sec. 37. Minnesota Statutes 1996, section 383A.286,
subdivision 2, is amended to read:
Subd. 2. [UNCLASSIFIED POSITIONS.] The following positions
shall be in the unclassified service:
(a) positions held by elected officials or persons
appointed to fill an elected office;
(b) one assistant for each elected official;
(c) the director or principal administrative officer of a
department of county government or agency created by law, except
that the affirmative action officer, personnel director,
internal auditor, and director of budgeting and accounting shall
be positions in the classified service;
(d) doctors, residents, and student nurses employed by the
county or county agency;
(e) members of a board or commission appointed by the
county, or the county and the city, and acting in an advisory
capacity;
(f) weed inspectors, election judges, or election clerks;
(g) special police officers or special deputy sheriffs
serving without pay;
(h) judges, court administrators, court reporters,
receivers, referees, the examiner or assistant examiners of
titles, public defenders, arbiters, jurors, court administrator
of district court, or persons appointed by the district court to
make or conduct a special inquiry of a judicial or temporary
character;
(i) all positions in the municipal court of Ramsey county
and the second judicial district administrator's office;
(j) the executive director and eight principal assistants;
(k) the chief executive officer of the medical center and
seven principal assistants;
(l) interns, student workers, law clerks, or other
employees employed for a limited duration as determined by the
county board;
(m) positions designated by the county board as
unclassified pursuant to subdivision 3;
(n) the sheriff, the sheriff's chief deputy, three
principal assistants, and a personal secretary; and
(o) the county attorney, the county attorney's first
assistant, one principal assistant, and a personal secretary.
Sec. 38. Minnesota Statutes 1996, section 383A.404,
subdivision 4, is amended to read:
Subd. 4. [OFFICIAL ATTENDANCE AT COURT.] The director or a
department person designated by the director shall be present in
the municipal courts in each subdivision of Ramsey county and in
the juvenile court of judge having chambers in the county at
each regular session, and shall be present in the district court
and any other court now or hereafter established in the county
when so requested by a judge of that court.
Sec. 39. Minnesota Statutes 1996, section 383B.054,
subdivision 6, is amended to read:
Subd. 6. [RECOVERY OF LATE FILING FEES.] A filing officer
may bring an action in the Hennepin county municipal fourth
judicial district court to recover any late filing fee imposed
pursuant to subdivision 5. All money recovered shall be
deposited in the general fund of Hennepin county.
Sec. 40. Minnesota Statutes 1996, section 383B.057, is
amended to read:
383B.057 [PROSECUTION OF VIOLATIONS.]
Except as otherwise provided in this section, a violation
of a criminal provision of sections 383B.041 to 383B.056 shall
be prosecuted by the Hennepin county attorney in the Hennepin
county municipal fourth judicial district court. A violation by
a county official or candidate shall be prosecuted by the
attorney general in the district court of Ramsey county.
Sec. 41. Minnesota Statutes 1996, section 383B.121,
subdivision 1, is amended to read:
Subdivision 1. To implement the provisions of Laws 1975,
chapter 402, section 1, and Laws 1977, chapter 453, section 4,
subdivision 3, the Hennepin county board of commissioners is
authorized to establish and operate a corrections facility in
Hennepin county for the confinement of adult males and females
as the district court for the fourth judicial district or the
Hennepin county municipal court shall order confined there for
the service of sentences which alone or in combination with any
other sentence requires imprisonment for no longer than one year.
Sec. 42. Minnesota Statutes 1996, section 383B.129, is
amended to read:
383B.129 [INMATES FROM OTHER JURISDICTIONS.]
To the extent that the proper confinement, health, and
safety of inmates permit, the superintendent may accept for
confinement for periods not exceeding one year persons ordered
confined at the corrections facility for the execution of
sentences imposed in any county court or district court of the
state or in a United States magistrate's court or a district
court. The maintenance cost for the inmate shall be the same as
that provided for in section 383B.128 and shall be borne by the
county or counties wherein the offense for which the inmate was
convicted occurred. With respect to any inmate convicted in a
United States magistrate's court or a district court the
maintenance cost of the inmate shall be the same as that
provided in section 383B.128 and shall be borne by the United
States. Prior to accepting any inmate for confinement pursuant
to this section, the superintendent shall have completed an
agreement with the appropriate county, state, or federal
authority as to the terms, conditions, and duration of the
confinement and for the payment of maintenance costs.
Sec. 43. Minnesota Statutes 1996, section 383B.225,
subdivision 10, is amended to read:
Subd. 10. [RECORDS AND REPORTS.] The county medical
examiner's office shall keep full and complete records, properly
indexed giving the name, if known, of every person or body of a
deceased person who is the subject of investigation by the
office, the place where the body was found, date and cause of
death, and all other available information relating to it. The
final report of the investigating examiner, and the findings of
the autopsy, if any, shall be attached to the record of each
case. The examiner shall, upon request, deliver to the county
attorney copies of records or other information in the
examiner's office of any cases of a criminal nature. The
records and reports, including those of autopsies performed
under the provisions of sections 383B.211 to 383B.229, or
transcriptions thereof, certified by the county medical
examiner, shall be received as evidence in any court or grand
jury proceeding in this state. The records and reports which
shall be admissible as evidence under this subdivision shall not
include statements made by witnesses or other persons unless
otherwise admissible. Whenever requested by the Hennepin county
attorney, the examiner and the examiner's personnel shall appear
and testify before a Hennepin county grand jury or any Hennepin
county the fourth judicial district court, without fees or
additional compensation.
Sec. 44. Minnesota Statutes 1996, section 393.07,
subdivision 9, is amended to read:
Subd. 9. [POWER TO COMPEL CERTAIN PERSONS TO PAY CHILD
SUPPORT.] When directed by a judge of district or county court
or when a person under court order is in default in making child
support payments to another person who has custody of the
children for whom such payments have been ordered, the local
social services agency shall take such steps as may be necessary
to compel the person in default on such payments to make them;
to take such steps as may be necessary to compel such persons to
make reimbursement to comply with the order of court when in
default; and to institute, if necessary, contempt proceedings on
behalf of such person or persons to whom money or property is
ordered to be paid or delivered. It shall be the duty of the
county attorney to conduct such contempt proceedings when
directed by a judge of the district or county court or when
requested by the local social services agency. The county
attorney in such contempt proceedings or upon a separate motion
supported by order to show cause and affidavits may move the
court that any defaults or delinquent payments under such order
of support be reduced to a judgment against the defaulting
party, and where the local social services agency or any other
public agency has advanced and expended funds to supply the
unmet needs of such children because of such default by failure
to pay the court order, such local social services agency or
other public agency shall be subrogated and may recover under
such judgment to the extent that public funds were expended for
the care and support of such children. The additional cost
incurred by the county attorney to bring contempt actions under
this subdivision shall be paid from the moneys collected in such
actions in whatever manner and amount approved by a judge of
that particular county or the district court.
Sec. 45. Minnesota Statutes 1996, section 395.23, is
amended to read:
395.23 [DUTIES OF POLICE OFFICERS.]
It shall be the duty of the constable and town clerk of a
town and the members of the county board, sheriff, and county
attorneys of any county furnishing seed or feed, having any
knowledge of the violation of the provisions of sections 395.14
to 395.24, to file a complaint with a county or municipal
district court. The court shall issue a warrant for the arrest
of the offender, and proceed to hear and determine the matter or
to bind the offender over to appear before the grand jury, as
the case may be.
Sec. 46. Minnesota Statutes 1996, section 448.56,
subdivision 2, is amended to read:
Subd. 2. [SUPERINTENDENCE.] The board of park
commissioners shall have authority to direct, superintend, and
regulate the planting, culture, and preservation of shade and
ornamental trees, shrubbery, and turf in the streets, avenues,
alleys, and public grounds of the city, and in such parts
thereof as may be lawfully placed under the jurisdiction and
control of the board of park commissioners.
No shade or ornamental trees, shrubbery, or turf growing in
the streets, avenues, alleys, and public grounds of the city
shall be destroyed or removed except by leave in writing first
obtained from the president of the board of park commissioners,
the same to be duly countersigned and recorded by the secretary
of the board.
The board of park commissioners may, by proper ordinances,
provide for the enforcement of this subdivision and for the
preservation of such trees, shrubbery, and turf and affix
penalties for the violation of these ordinances, and the
municipal district court of the having chambers in the county in
which the city is located shall have jurisdiction of all
offenses against these ordinances.
Sec. 47. Minnesota Statutes 1996, section 462.16, is
amended to read:
462.16 [POWER TO ENACT ORDINANCES FOR ENFORCEMENT OF RIGHTS
GIVEN TO COUNCIL.]
The council shall have the power to enact ordinances for
the enforcement of the rights which shall be acquired under
sections 462.12 to 462.17, and to fix penalties for their
violation, including a fine not exceeding $100 or confinement in
the city workhouse not exceeding 90 days. Violations of the
ordinances may be prosecuted in the municipal district court of
the city. Restricted residence districts created pursuant to
sections 462.12 to 462.16 shall be subject to the provisions of
section 541.023. In construing the scope and effect of a
residence district restriction, equitable principles shall be
utilized and the following shall be considered: the historic
pattern of enforcement or nonenforcement; changed circumstances;
the length of time during which current uses have been allowed
to exist; the actual impact of current land uses; and
detrimental reliance.
Sec. 48. Minnesota Statutes 1996, section 465.48, is
amended to read:
465.48 [POWERS AND DUTIES OF COUNCIL; PENALTIES.]
The city council shall have power and it shall be its duty
after the construction of such works to maintain the same and to
prevent injury or obstruction to the channel or works and
contamination of the waters. For such purposes the city council
may enact suitable ordinances and prescribe penalties for their
violation, not exceeding a fine of $100 for each offense or
confinement in the city workhouse not exceeding 90 days. The
municipal district court of the having chambers in the county in
which the city is located shall have jurisdiction of such the
offenses.
Sec. 49. Minnesota Statutes 1996, section 473.608,
subdivision 17, is amended to read:
Subd. 17. [ORDINANCES.] (1) It may adopt and enforce
rules, regulations, and ordinances it deems necessary for the
purposes of sections 473.601 to 473.679, including those
relating to the internal operation of the corporation and to the
management and operation of airports owned or operated by it,
subject to sections 473.601 to 473.679. Any person violating
any rule, regulation or ordinance is guilty of a misdemeanor.
(2) The prosecution may be before a county or municipal the
district court having jurisdiction over the place where the
violation occurs. Every sheriff, constable, police officers,
and other peace officer shall arrest offenders. The fines
collected shall be paid into the treasury of the corporation.
The portion of the fines necessary to cover all costs and
disbursements incurred in processing and prosecuting the
violations in the court shall be transferred to the court
administrator. All persons committed shall be received into any
penal institution in the county in which the offense was
committed. All persons shall take notice of the rules,
regulations, and ordinances without pleading or proof.
(3) A public hearing need not be held on rules, regulations
and ordinances relating to the internal operation of the
commission or to the management or operation of airports owned
or operated by it unless the rule, regulation or ordinance
affects substantial rights.
(4) When necessary, the corporation may adopt and enforce
without a public hearing all other rules, regulations or
ordinances, but it shall hold a public hearing within 30 days
after their adoption. Prior to the hearing, the corporation
shall give at least 15 days notice by publication in appropriate
legal newspapers of general circulation in the metropolitan area
and mail a copy of them to all interested parties who have
registered their names with the corporation for that purpose.
If the rules, regulations, or ordinances are not deemed
immediately necessary, the corporation shall hold a public
hearing on them after giving the required notice. The rules,
regulations, or ordinances shall not be adopted and enforced
until after the hearing.
(5) Notice of the adoption of rules, regulations and
ordinances shall, as soon as possible after adoption, be
published in appropriate legal newspapers of general circulation
in the metropolitan area. Proof of publication and a copy of
the rule, regulation, or ordinance shall be filed with the
secretary of state. They shall then be in full force and effect.
(6) Any person substantially interested or affected in
rights as to person or property by a rule, regulation or
ordinance adopted by the corporation, may petition the
corporation for reconsideration, amendment, modification, or
waiver of it. The petition shall set forth a clear statement of
the facts and grounds upon which it is based. The corporation
shall grant the petitioner a public hearing within 30 days after
the filing of the petition.
Sec. 50. Minnesota Statutes 1996, section 480.052, is
amended to read:
480.052 [ADVISORY COMMITTEE.]
Before any rules are adopted the supreme court shall
appoint an advisory committee consisting of eight members of the
bar of the state, one judge of the court of appeals, and two
judges of the district court, and one judge of a court
exercising municipal court jurisdiction to assist the court in
considering and preparing such rules as it may adopt.
Sec. 51. Minnesota Statutes 1996, section 480.054, is
amended to read:
480.054 [DISTRIBUTION OF PROPOSED RULES; HEARING.]
Before any rule for the court of appeals or for the
district, county, or county municipal courts court is adopted,
the supreme court shall distribute copies of the proposed rule
to the bench and bar of the state for their consideration and
suggestions and give due consideration to any suggestions they
submit to the court. The court of appeals judges, the district
court judges association, the Minnesota county court judges
association, or the municipal court judges association may file
with the court a petition specifying their suggestions
concerning any existing or proposed rule and requesting a
hearing on it. The court shall grant a hearing within six
months after the filing of the petition. The court may grant a
hearing upon the petition of any other person.
Sec. 52. Minnesota Statutes 1996, section 480.055,
subdivision 1, is amended to read:
Subdivision 1. [OTHER COURTS.] Any court, other than the
supreme court, may adopt rules of court governing its practice;
the judges of the court of appeals, pursuant to section 480A.11,
and the judges of district courts, pursuant to sections 484.33
and 484.52, the judges of county courts, pursuant to section
487.23, and the judges of municipal courts, pursuant to chapter
488A, may adopt rules not in conflict with the rules promulgated
by the supreme court.
Sec. 53. Minnesota Statutes 1996, section 480.059,
subdivision 2, is amended to read:
Subd. 2. [ADVISORY COMMITTEE.] Before any such rules are
adopted the supreme court shall appoint an advisory committee
consisting of eight lawyers licensed to practice law in the
state, one judge of the court of appeals, and two judges of the
district court, and one judge of a court exercising municipal
court jurisdiction to assist the court in considering and
preparing such rules.
Sec. 54. Minnesota Statutes 1996, section 480.0591,
subdivision 2, is amended to read:
Subd. 2. [ADVISORY COMMITTEE.] Before any such rules are
adopted the supreme court shall appoint an advisory committee
consisting of eight lawyers licensed to practice law in the
state and at least two judges of the district court and one
judge of a court exercising municipal court jurisdiction to
assist the court in considering and preparing such rules.
Sec. 55. Minnesota Statutes 1996, section 480.19, is
amended to read:
480.19 [APPLICATION TO SUPREME AND OTHER COURTS.]
Sections 480.13 to 480.20 apply to the following courts:
The supreme court, the court of appeals, and the district,
county, and county municipal courts court.
Sec. 56. [REPEALER; SECTION 484.015.]
Minnesota Statutes 1996, section 484.015, is repealed.
Sec. 57. Minnesota Statutes 1996, section 484.66,
subdivision 2, is amended to read:
Subd. 2. The duties, functions and responsibilities which
have been heretofore and which may be hereafter required by
statute or law to be performed by the court administrator of
district court shall be performed by the district administrator,
who shall be appointed pursuant to section 484.68.
The district administrator, subject to the approval of a
majority of the judges of the district court, and a majority of
the judges of the county municipal court in the fourth judicial
district, shall have the authority to initiate and direct any
reorganization, consolidation, reallocation or delegation of
such duties, functions or responsibilities for the purpose of
promoting efficiency in county government, and may make such
other administrative changes as are deemed necessary for this
purpose. Such reorganization, reallocation or delegation, or
other administrative change or transfer shall not diminish,
prohibit or avoid those specific duties required by statute or
law to be performed by the court administrator of district court.
Sec. 58. Minnesota Statutes 1996, section 485.01, is
amended to read:
485.01 [APPOINTMENT; BOND; DUTIES.]
A clerk of the district court for each county within the
judicial district, who shall be known as the court
administrator, shall be appointed by a majority of the district
court judges in the district, after consultation with the county
court judges of the county court district affected. The clerk,
before entering upon the duties of office, shall give bond to
the state, to be approved by the chief judge of the judicial
district, conditioned for the faithful discharge of official
duties. The bond, with an oath of office, shall be filed for
record with the county recorder. The clerk shall perform all
duties assigned by law and by the rules of the court. The clerk
and all deputy clerks must not practice as attorneys in the
court in which they are employed.
The duties, functions, and responsibilities which have been
and may be required by law or rule to be performed by the clerk
of district or county court shall be performed by the court
administrator.
Sec. 59. Minnesota Statutes 1996, section 517.08,
subdivision 1b, is amended to read:
Subd. 1b. [TERM OF LICENSE; FEE.] The court administrator
shall examine upon oath the party applying for a license
relative to the legality of the contemplated marriage. If at
the expiration of a five-day period, on being satisfied that
there is no legal impediment to it, the court administrator
shall issue the license, containing the full names of the
parties before and after marriage, and county and state of
residence, with the district court seal attached, and make a
record of the date of issuance. The license shall be valid for
a period of six months. In case of emergency or extraordinary
circumstances, a judge of the county court or a judge of the
district court of the county in which the application is made,
may authorize the license to be issued at any time before the
expiration of the five days. The court administrator shall
collect from the applicant a fee of $70 for administering the
oath, issuing, recording, and filing all papers required, and
preparing and transmitting to the state registrar of vital
statistics the reports of marriage required by this section. If
the license should not be used within the period of six months
due to illness or other extenuating circumstances, it may be
surrendered to the court administrator for cancellation, and in
that case a new license shall issue upon request of the parties
of the original license without fee. A court administrator who
knowingly issues or signs a marriage license in any manner other
than as provided in this section shall pay to the parties
aggrieved an amount not to exceed $1,000.
Sec. 60. Minnesota Statutes 1996, section 550.07, is
amended to read:
550.07 [ISSUANCE OF EXECUTION.]
When the execution is against the personal property or
money of the judgment debtor, it may be issued to the sheriff of
any county from the district, county, or county municipal court
where the judgment was originally docketed. When it requires
the delivery of real property, it shall be issued to the sheriff
of the county where the property or some part thereof is
situated after the judgment is docketed in that county.
Executions may be issued at the same time to different counties.
Sec. 61. Minnesota Statutes 1996, section 559.211,
subdivision 1, is amended to read:
Subdivision 1. [ORDER; PROCEEDINGS; SECURITY.] In an
action arising under or in relation to a contract for the
conveyance of real estate or any interest therein, the county or
district court, notwithstanding the service or publication
pursuant to the provisions of section 559.21 of a notice of
termination of the contract, has the authority at any time prior
to the effective date of termination of the contract and subject
to the requirements of Rule 65 of the Rules of Civil Procedure
for the District Courts or comparable county court rule to enter
an order temporarily restraining or enjoining further
proceedings to effectuate the termination of the contract,
including recording of the notice of termination with proof of
service, recording of an affidavit showing noncompliance with
the terms of the notice, taking any action to recover possession
of the real estate, or otherwise interfering with the
purchaser's lawful use of the real estate. In the action, the
purchaser may plead affirmatively any matter that would
constitute a defense to an action to terminate the contract.
Upon a motion for a temporary restraining order the court has
the discretion, notwithstanding any rule of court to the
contrary, to grant the order without requiring the giving of any
security or undertaking, and in exercising that discretion, the
court shall consider, as one factor, the moving party's ability
to afford monetary security. Upon a motion for a temporary
injunction, the court shall condition the granting of the order
either upon the tender to the court or vendor of installments as
they become due under the contract or upon the giving of other
security in a sum as the court deems proper. Upon written
application, the court may disburse from payments tendered to
the court an amount the court determines necessary to insure the
timely payment of property taxes, property insurance,
installments of special assessments, mortgage installments,
prior contract for deed installments or other similar expenses
directly affecting the real estate, or for any other purpose the
court deems just. If a temporary restraining order or
injunction is granted pursuant to this subdivision, the contract
shall not terminate until the expiration of 15 days after the
entry of the order or decision dissolving or modifying the
temporary restraining order or injunction.
Sec. 62. Minnesota Statutes 1996, section 566.175,
subdivision 1, is amended to read:
Subdivision 1. [UNLAWFUL EXCLUSION OR REMOVAL.] For
purposes of this section, "unlawfully removed or excluded" means
actual or constructive removal or exclusion. Actual or
constructive removal or exclusion may include the termination of
utilities, or the removal of doors, windows, or locks. Any
tenant who is unlawfully removed or excluded from lands or
tenements which are demised or let to the tenant may recover
possession of the premises in the following manner:
(a) The tenant shall present a verified petition to the
county or municipal district court of the judicial district of
the county in which the premises are located, which petition
shall:
(1) describe the premises of which possession is claimed
and the owner, as defined in section 566.18, subdivision 3, of
the premises;
(2) specifically state the facts and grounds that
demonstrate that the removal or exclusion was unlawful including
a statement that no judgment and writ of restitution have been
issued under section 566.09 in favor of the owner and against
petitioner as to the premises and executed in accordance with
section 566.17; and
(3) ask for possession thereof.
(b) If it clearly appears from the specific grounds and
facts stated in the verified petition or by separate affidavit
of petitioner or the petitioner's counsel or agent that the
removal or exclusion was unlawful, the court shall immediately
order that petitioner have possession of the premises.
(c) The petitioner shall furnish monetary or other security
if any as the court deems appropriate under the circumstances
for payment of all costs and damages the defendant may sustain
if the order is subsequently found to have been obtained
wrongfully. In determining the appropriateness of any security
the court shall consider petitioner's ability to afford monetary
security.
(d) The court shall direct the order to the sheriff or any
constable of the county in which the premises is located and the
sheriff or constable shall execute the order immediately by
making a demand upon the defendant, if found, or the defendant's
agent or other person in charge of the premises, for possession
of the premises. If the defendant fails to comply with the
demand, the officer shall take whatever assistance may be
necessary and immediately place the petitioner in possession of
the premises. If the defendant or the defendant's agent or
other person in control of the premises cannot be found and if
there is no person in charge of the premises detained so that no
demand can be made, the officer shall immediately enter into
possession of the premises and place the petitioner in
possession of the premises. The officer shall also serve the
order and verified petition or affidavit without delay upon the
defendant or agent, in the same manner as a summons is required
to be served in a civil action in district court.
Sec. 63. Minnesota Statutes 1996, section 574.18, is
amended to read:
574.18 [UNDERTAKING IN LIEU OF BOND.]
In all cases of appeal from a county board to the district
court upon the allowance or disallowance of claims, in all
actions begun in the district, county or municipal court, in all
cases of appeal or writ of error to remove a cause or proceeding
to the court of appeals or the supreme court, and in all cases
of special or equitable proceedings in the district court, the
court of appeals, or the supreme court, the filing or service,
or both, as may be required, of an undertaking, signed by a
surety or sureties, as the law may require, containing a
condition substantially the same as required for bonds, with
like sureties, qualifications, and justifications, and without
acknowledgment or signature of the principal, shall be deemed a
sufficient compliance with the law to sustain the action,
appeal, or proceeding. Every undertaking shall save and secure
all rights and liabilities to the same extent as a bond. The
damages presumed to accrue to the party against whom the
proceeding is taken shall be deemed a sufficient consideration
for the undertaking, though no consideration is mentioned in
it. No undertaking or bond need be given upon any appeal or
other proceeding instituted in favor of the state, or any
county, city, town, or school district in it, or of any executor
or administrator as such.
Sec. 64. Minnesota Statutes 1996, section 574.34,
subdivision 2, is amended to read:
Subd. 2. [MUNICIPAL PROSECUTION; GROSS MISDEMEANORS.] If a
city or municipal attorney prosecutes a gross misdemeanor
offense, the proceeds of any fine collected by the court shall
be disbursed in the same manner as though the offense was a
misdemeanor prosecuted by the city or municipal attorney in
county or municipal district court. The county shall pay for
any costs associated with incarceration.
Sec. 65. Minnesota Statutes 1996, section 574.35, is
amended to read:
574.35 [PROSECUTION FOR FINES; COURT; COMMITMENT.]
All fines and forfeitures imposed as a punishment for any
offense or for the violation of any duty imposed by statute may
be prosecuted for and recovered by indictment in the district
court, or, when the amount or value does not exceed $100, before
a judge of county or municipal court, who shall have
jurisdiction concurrently with the district court. In all cases
of the imposition of a fine pursuant to statute, as punishment
for any offense, the offender may be committed until it is paid
or the offender is otherwise discharged according to law.
Sec. 66. Minnesota Statutes 1996, section 617.27, is
amended to read:
617.27 [SEARCH WARRANT; DESTRUCTION OF PROPERTY.]
A county or municipal district court, upon complaint under
oath that any person has in possession or under control any of
the obscene books, papers, or other matter specified in sections
617.241 to 617.26, shall issue a warrant directed to the sheriff
or any constable of the county, directing the sheriff or
constable to search for, seize, and take possession of the
obscene matter. Upon conviction of the person in whose
possession the obscene matter was found, the judge shall cause
it to be destroyed, and the fact to be entered upon the records
of the court.
Sec. 67. Minnesota Statutes 1996, section 624.7131,
subdivision 8, is amended to read:
Subd. 8. [HEARING UPON DENIAL.] Any person aggrieved by
denial of a transferee permit may appeal the denial to the
county court or county municipal district court having
jurisdiction over the county or municipality in which the denial
occurred.
Sec. 68. Minnesota Statutes 1996, section 624.7132,
subdivision 13, is amended to read:
Subd. 13. [APPEAL.] A person aggrieved by the
determination of a chief of police or sheriff that the person is
prohibited by section 624.713 from possessing a pistol or
semiautomatic military-style assault weapon may appeal the
determination as provided in this subdivision. In Hennepin and
Ramsey counties The municipal district court shall have
jurisdiction of proceedings under this subdivision. In the
remaining counties of the state, the county court shall have
jurisdiction of proceedings under this subdivision.
On review pursuant to this subdivision, the court shall be
limited to a determination of whether the proposed transferee is
a person prohibited from possessing a pistol or semiautomatic
military-style assault weapon by section 624.713.
Sec. 69. Minnesota Statutes 1996, section 624.714,
subdivision 12, is amended to read:
Subd. 12. [HEARING UPON DENIAL.] Any person aggrieved by
denial of a permit to carry may appeal the denial to the
county district court having jurisdiction over the county or
municipality wherein the notification or denial occurred. The
matter shall be heard de novo without a jury.
Sec. 70. Minnesota Statutes 1996, section 625.01, is
amended to read:
625.01 [CONSERVATORS OF THE PEACE.]
The judges of the district, county, and municipal
courts court, in vacation, within their respective districts, as
well as in open court shall enforce laws made for the
preservation of the public peace. In the execution of that
power, they may require persons to give security to keep the
peace, or for their good behavior, or both, in the manner
provided in this chapter.
Sec. 71. Minnesota Statutes 1996, section 626.21, is
amended to read:
626.21 [RETURN OF PROPERTY AND SUPPRESSION OF EVIDENCE.]
A person aggrieved by an unlawful search and seizure may
move the district court for the district in which the property
was seized or the municipal district court having jurisdiction
of the substantive offense for the return of the property and to
suppress the use, as evidence, of anything so obtained on the
ground that (1) the property was illegally seized, or (2) the
property was illegally seized without warrant, or (3) the
warrant is insufficient on its face, or (4) the property seized
is not that described in the warrant, or (5) there was not
probable cause for believing the existence of the grounds on
which the warrant was issued, or (6) the warrant was illegally
executed, or (7) the warrant was improvidently issued. The
judge shall receive evidence on any issue of fact necessary to
the decision of the motion. If the motion is granted the
property shall be restored unless otherwise subject to lawful
detention, and it shall not be admissible in evidence at any
hearing or trial. The motion to suppress evidence may also be
made in the district where the trial is to be had. The motion
shall be made before trial or hearing unless opportunity
therefor did not exist or the defendant was not aware of the
grounds for the motion, but the court in its discretion may
entertain the motion at the trial or hearing.
Sec. 72. Minnesota Statutes 1996, section 630.17, is
amended to read:
630.17 [FINE, HOW COLLECTED.]
If the corporation is found guilty and a fine imposed, it
shall be entered and docketed by the court administrator, county
judge, or municipal district judge as a judgment against the
corporation. It shall be enforced against the corporation in
the same manner as if the judgment had been recovered against it
in a civil action.
Sec. 73. Minnesota Statutes 1996, section 631.04, is
amended to read:
631.04 [EXCLUDING MINORS FROM ATTENDANCE AT CRIMINAL
TRIALS; DUTY OF OFFICER; PENALTY.]
A minor under the age of 17 who is not a party to, witness
in, or directly interested in a criminal prosecution or trial
before a district, county, or municipal court, may not be
present at the trial. A police officer, constable, sheriff, or
other officer in charge of a court and attending upon the trial
of a criminal case in the court, shall exclude a minor under age
of 17 from the room in which the trial is being held. This
section does not apply when the minor is permitted to attend by
order of the court before which the trial is being held. A
police officer, constable, sheriff, or deputy sheriff who
knowingly neglects or refuses to carry out the provisions of
this section is guilty of a misdemeanor and shall be punished by
a fine of not less than $10 nor more than $25.
Sec. 74. Minnesota Statutes 1996, section 643.01, is
amended to read:
643.01 [TRANSFER OF PRISONERS BETWEEN JAIL AND WORKHOUSE.]
In any county of this state in which there is now or shall
be hereafter maintained by any county or by any city and county,
a workhouse, correctional or work farm for the confinement of
criminal offenders, and a county jail, any district court or
county court judge of the judicial district in which the county
is situated, shall have the power, either of the judge's own
motion, or on the application of the county attorney of the
county, in accordance with written county policy approved by the
commissioner of corrections, to order:
(1) any prisoner who shall be confined in the county jail
under sentence, to be transferred and recommitted to the
workhouse, correctional or work farm at hard labor, for the
remainder of the term for which sentenced; or
(2) any prisoner who shall be confined in the workhouse,
correctional or work farm under sentence, to be transferred and
recommitted to the county jail for the remainder of the term for
which sentenced; or
(3) any prisoner who shall be confined in the county jail,
convicted and awaiting sentence, to be transferred to and
confined in the workhouse, correctional or work farm while
awaiting sentence.
Transferred prisoners are subject to the rules and
discipline of the confining institution. Transportation of
prisoners is the responsibility of the sending institution.
Sec. 75. Minnesota Statutes 1996, section 643.02, is
amended to read:
643.02 [PROCEDURE OF DISTRICT COURT OR COUNTY COURT JUDGE
IN CHARGE AND DUTY OF SHERIFF.]
When any district court or county court judge shall make an
order for the transfer of any prisoner as provided in section
643.01, the order shall be made in duplicate by the judge, shall
recite therein the name of the court by which the prisoner was
sentenced or convicted, the date of sentence or conviction, the
general nature of the offense for which sentenced or convicted,
the length of the original sentence and the length of the
sentence still remaining or the sentencing date if known, and
any other facts that will furnish material information regarding
the case, and shall direct the superintendent or other keeper of
the workhouse, correctional or work farm, or sheriff or other
keeper of the county jail to safely keep the prisoner at hard
labor for the remainder of the original term of sentence, or
until further sentencing proceedings, as stated in the order,
unless otherwise released according to law, or the parole rules
and regulations of the workhouse, correctional or work farm, or
county jail. Both of the orders for transfer of the prisoner to
the workhouse, correctional or work farm, or county jail shall
be filed forthwith with the sheriff or other keeper of the jail,
or superintendent or other keeper of the workhouse, correctional
or work farm and the sheriff or other keeper of the jail, or
superintendent or other keeper of the workhouse, correctional or
work farm shall thereupon retain one of the orders of transfer
and shall without delay transfer and deliver the prisoner named
in the order, together with the other of the duplicate orders
for the transfer of the prisoner to the superintendent or other
keeper of the workhouse, correctional or work farm, or sheriff
or other keeper of the jail, who shall retain the order and
safely keep the prisoner named therein for the remainder of the
sentence at hard labor or until further sentencing proceedings,
as specified in the order, unless otherwise released as
hereinbefore provided. The order for transfer of any prisoner,
as hereinbefore mentioned, shall have the same force and effect
as the writ of commitment issued by the court which sentenced
the prisoner in the first instance or as the order for
confinement issued by the court in the first instance, and in
addition shall be full authority for the holding and keeping of
the prisoner by the superintendent or other keeper of the
workhouse, correctional or work farm, or the sheriff or other
keeper of the jail, and for the prisoner's apprehension by any
peace officer in case of the escape of the prisoner from the
workhouse, correctional or work farm, or county jail. On the
request of any district court or county court judge of the
district in which the workhouse, correctional or work farm, and
county jail are located, the sheriff of the county, or
superintendent, shall without delay furnish a copy to the judge
of any commitment or order in the sheriff's or superintendent's
possession.
Presented to the governor February 17, 1998
Signed by the governor February 18, 1998, 2:25 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes