Office of the Revisor of Statutes
Minnesota Session Laws - 1999, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 86-H.F.No. 1037
An act relating to Minnesota Statutes; correcting
erroneous, ambiguous, and omitted text and obsolete
references; eliminating certain redundant,
conflicting, and superseded provisions; making
miscellaneous technical corrections to statutes and
other laws; amending Minnesota Statutes 1998, sections
2.724, subdivision 1; 10A.01, subdivision 18; 11A.16,
subdivision 6; 12.21, subdivision 3; 12.33,
subdivision 4; 15.059, subdivision 5a; 16B.171;
16B.335, subdivision 4; 16B.465, subdivision 1;
16C.05, subdivision 2; 17.114, subdivisions 3 and 4;
17.117, subdivision 15; 17.452, subdivision 1; 17.498;
18B.045, subdivision 1; 18E.06; 19.52, subdivision 2;
48A.12, subdivision 1; 58.02, subdivision 22; 60L.08,
subdivision 1; 62E.15, subdivision 2; 79A.06,
subdivision 5; 103A.43; 103B.321, subdivision 1;
103B.351; 103B.581, subdivision 2; 103F.461; 103G.221,
subdivision 1; 103H.175, subdivision 3; 103H.275;
115A.175, subdivision 2; 115A.33; 115B.20,
subdivisions 1 and 6; 115C.021, subdivision 1;
116.182, subdivision 3a; 116J.70, subdivision 2a;
117.47; 119A.03, subdivision 2; 119A.26, subdivision
2; 119A.45; 119A.46, subdivision 4; 119A.51,
subdivision 1; 119B.05, subdivision 1; 123B.57,
subdivision 6; 124D.17, subdivision 7; 126C.21,
subdivision 4; 126C.48, subdivision 8; 136F.47;
156.11; 168.022, subdivision 4; 169.1217, subdivision
7a; 169.129, subdivision 2; 171.061, subdivision 1;
171.07, subdivision 10; 174.06, subdivision 1; 179.12;
181.58; 205A.01, subdivision 2; 219.074, subdivision
2; 219.39; 221.034, subdivision 5; 221.036,
subdivisions 1 and 3; 239.761, subdivisions 13 and 14;
245.462, subdivisions 4 and 7; 245.466, subdivision 4;
245.4871, subdivision 9; 245.4875, subdivision 4;
245.825, subdivision 1b; 256B.0625, subdivision 32;
256B.0928; 256J.45, subdivision 2; 257.45; 257.74,
subdivision 2; 268.9165; 287.09; 307.08, subdivisions
2, 8, 9, and 10; 340A.3021, subdivision 2; 446A.01;
446A.04, subdivision 7; 462A.21, subdivision 19;
480.054; 480.09, subdivision 1; 481.02, subdivision 2;
500.245, subdivision 1; 518.5511, subdivision 1;
518.6111, subdivision 5; and 609.26, by adding a
subdivision; Laws 1994, chapter 560, article 2,
section 15; and Laws 1997, chapter 207, section 12;
repealing Minnesota Statutes 1998, sections 3.873;
16B.88, subdivision 5; 62J.47; 79.51, subdivision 4;
115A.159; 119A.28, subdivision 4; 119A.31, subdivision
3; 119A.54; 124D.17, subdivision 8; 144.121,
subdivision 7; 144.664, subdivision 4; 197.236,
subdivisions 1 and 2; 218.011, subdivision 7; 245.825,
subdivision 1a; 256.995, subdivision 7; 323.02,
subdivisions 10 and 11; 383.01; 383.02; 383.03;
383.04; 383.05; 383.06; 383.07; 383.08; 383.09;
383.10; 383.11; 383.12; 509.01; 509.02; 509.03;
509.04; 509.05; 509.06; and 526.20; Laws 1996, chapter
426, sections 1 and 2; Laws 1998, chapters 388,
section 16; 404, section 49; and 407, article 2,
section 97; and Laws 1998, First Special Session
chapter 1, article 3, section 15.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
GENERAL
Section 1. Minnesota Statutes 1998, section 2.724,
subdivision 1, is amended to read:
Subdivision 1. [APPOINTMENTS.] When public convenience and
necessity require it, the appointments chief justice of the
supreme court may assign any judge of any court to serve and
discharge the duties of judge of any court in a judicial
district not that judge's own at such times as the chief justice
may determine. A judge may appeal an assignment to serve on a
court in a judicial district not that judge's own to the supreme
court and the appeal shall be decided before the assignment is
effective. Notwithstanding the provisions of this subdivision,
no judge shall be assigned to serve on a court in a judicial
district which is located more than 50 miles from the boundary
of that judge's judicial district for more than 15 working days
in any 12-month period, unless the judge consents to the
assignment.
A transferred judge shall be subject to the assignment
powers of the chief judge of the judicial district to which the
judge is transferred.
Sec. 2. Minnesota Statutes 1998, section 10A.01,
subdivision 18, is amended to read:
Subd. 18. [PUBLIC OFFICIAL.] "Public official" means any:
(a) member of the legislature;
(b) constitutional officer in the executive branch and the
officer's chief administrative deputy;
(c) member, chief administrative officer or deputy chief
administrative officer of a state board or commission which has
at least one of the following powers: (i) the power to adopt,
amend or repeal rules, or (ii) the power to adjudicate contested
cases or appeals;
(d) commissioner, deputy commissioner, or assistant
commissioner of any state department as designated pursuant to
section 15.01;
(e) individual employed in the executive branch who is
authorized to adopt, amend or repeal rules or adjudicate
contested cases;
(f) executive director of the state board of investment;
(g) executive director of the Indian affairs intertribal
board council;
(h) commissioner of the iron range resources and
rehabilitation board;
(i) commissioner of mediation services;
(j) deputy of any official listed in clauses (e) to (i);
(k) judge of the workers' compensation court of appeals;
(l) administrative law judge or compensation judge in the
state office of administrative hearings or referee in the
department of economic security;
(m) solicitor general or deputy, assistant or special
assistant attorney general;
(n) individual employed by the legislature as secretary of
the senate, legislative auditor, chief clerk of the house,
revisor of statutes, or researcher, legislative analyst, or
attorney in the office of senate counsel and research or house
research;
(o) member, regional administrator, division director,
general counsel, or operations manager of the metropolitan
council;
(p) the director of the racing commission, the director of
the gambling control board, the director of the state lottery,
and the deputy director of the state lottery;
(q) director of the division of alcohol and gambling
enforcement in the department of public safety;
(r) member or executive director of the higher education
facilities authority;
(s) member of the board of directors or president of the
Minnesota world trade center corporation; or
(t) member or chief administrator of a metropolitan agency.
Sec. 3. Minnesota Statutes 1998, section 11A.16,
subdivision 6, is amended to read:
Subd. 6. [DISPOSITION OF INCOME.] Notwithstanding
provisions of section 11A.12, the income of the permanent school
fund as calculated pursuant to subdivision 5, shall be credited
to the permanent school fund, and transferred to the school
endowment fund as needed for payments made pursuant to section
124.08 127A.32.
Sec. 4. Minnesota Statutes 1998, section 12.21,
subdivision 3, is amended to read:
Subd. 3. [SPECIFIC AUTHORITY.] In performing duties under
this chapter and to effect its policy and purpose, the governor
may:
(1) make, amend, and rescind the necessary orders and rules
to carry out the provisions of this chapter and section 216C.15
within the limits of the authority conferred by this section,
with due consideration of the plans of the federal government
and without complying with sections 14.001 to 14.69, but no
order or rule has the effect of law except as provided by
section 12.32;
(2) ensure that a comprehensive emergency operations plan
and emergency management program for this state are developed
and maintained, and are integrated into and coordinated with the
emergency plans of the federal government and of other states to
the fullest possible extent;
(3) in accordance with the emergency operations plan and
the emergency management program of this state, procure supplies
and equipment, institute training programs and public
information programs, and take all other preparatory steps,
including the partial or full activation of emergency management
organizations in advance of actual disaster to ensure the
furnishing of adequately trained and equipped forces of
emergency management personnel in time of need;
(4) make studies and surveys of the industries, resources,
and facilities in this state as may be necessary to ascertain
the capabilities of the state for emergency management and to
plan for the most efficient emergency use of those industries,
resources, and facilities;
(5) on behalf of this state, enter into mutual aid
arrangements or cooperative agreements with other states and
with Canadian provinces, and coordinate mutual aid plans between
political subdivisions of this state;
(6) delegate administrative authority vested in the
governor under this chapter, except the power to make rules, and
provide for the subdelegation of that authority;
(7) cooperate with the president and the heads of the armed
forces, the emergency management agency of the United States and
other appropriate federal officers and agencies, and with the
officers and agencies of other states in matters pertaining to
the emergency management of the state and nation, including the
direction or control of:
(i) emergency preparedness drills and exercises;
(ii) warnings and signals for drills or actual emergencies
and the mechanical devices to be used in connection with them;
(iii) shutting off water mains, gas mains, electric power
connections and the suspension of all other utility services;
(iv) the conduct of persons in the state and the movement
and cessation of movement of pedestrians and vehicular traffic
during, prior, and subsequent to drills or actual emergencies;
(v) public meetings or gatherings; and
(vi) the evacuation, reception, and sheltering of persons;
(8) contribute to a political subdivision, within the
limits of the appropriation for that purpose, not more than 25
percent of the cost of acquiring organizational equipment that
meets standards established by the governor;
(9) formulate and execute, with the approval of the
executive council, plans and rules for the control of traffic in
order to provide for the rapid and safe movement over public
highways and streets of troops, vehicles of a military nature,
materials for national defense and war or for use in any war
industry, for the conservation of critical materials or for
emergency management purposes, and coordinate the activities of
the departments or agencies of the state and its political
subdivisions concerned directly or indirectly with public
highways and streets, in a manner that will best effectuate
those plans;
(10) alter or adjust by executive order, without complying
with sections 14.01 to 14.69, the working hours, work days and
work week of, and annual and sick leave provisions and payroll
laws regarding all state employees in the executive branch as
the governor deems necessary to minimize the impact of the
disaster or emergency, conforming the alterations or adjustments
to existing state laws, rules, and collective bargaining
agreements to the extent practicable;
(11) authorize the commissioner of children, families, and
learning to alter school schedules, curtail school activities,
or order schools closed without affecting state aid to schools,
as defined in section 124A.05 120A.05, subdivisions 9, 11, 13,
and 17, and including charter schools under section 124D.10, and
elementary schools enrolling prekindergarten pupils in district
programs.
Sec. 5. Minnesota Statutes 1998, section 12.33,
subdivision 4, is amended to read:
Subd. 4. [REIMBURSEMENT BY STATE.] It is the policy of the
state to reimburse the sending political subdivision for loss or
damage to equipment used outside of the corporate limits of the
sending political subdivision and to reimburse the sending
political subdivision for additional expenses incurred in
operating and maintaining the equipment outside of its corporate
limits. A claim for loss, damage, or expense in using equipment
or for additional expenses incurred in the operating or
maintaining the equipment must not be allowed unless within 90
days after it is sustained or incurred an itemized notice of the
claim, verified by an officer or employee of the sending
political subdivision having knowledge of the facts, is filed
with the state director.
Sec. 6. Minnesota Statutes 1998, section 15.059,
subdivision 5a, is amended to read:
Subd. 5a. [LATER EXPIRATION.] Notwithstanding subdivision
5, the advisory councils and committees listed in this
subdivision do not expire June 30, 1997. These groups expire
June 30, 2001, unless the law creating the group or this
subdivision specifies an earlier expiration date.
Investment advisory council, created in section 11A.08;
Intergovernmental information systems advisory council,
created in section 16B.42, expires June 30, 1999;
Feedlot and manure management advisory committee, created
in section 17.136;
Aquaculture advisory committee, created in section 17.49;
Dairy producers board, created in section 17.76;
Pesticide applicator education and examination review
board, created in section 18B.305;
Advisory seed potato certification task force, created in
section 21.112;
Food safety advisory committee, created in section 28A.20;
Minnesota organic advisory task force, created in section
31.95;
Public programs risk adjustment work group, created in
section 62Q.03, expires June 30, 1999;
Workers' compensation self-insurers' advisory committee,
created in section 79A.02;
Youth corps advisory committee, created in section 84.0887;
Iron range off-highway vehicle advisory committee, created
in section 85.013;
Mineral coordinating committee, created in section 93.002;
Game and fish fund citizen advisory committees, created in
section 97A.055;
Wetland heritage advisory committee, created in section
103G.2242;
Wastewater treatment technical advisory committee, created
in section 115.54;
Solid waste management advisory council, created in section
115A.12;
Nuclear waste council, created in section 116C.711;
Genetically engineered organism advisory committee, created
in section 116C.93;
Environment and natural resources trust fund advisory
committee, created in section 116P.06;
Child abuse prevention advisory council, created in section
119A.13;
Chemical abuse and violence prevention council, created in
section 119A.27;
Youth neighborhood services centers advisory board, created
in section 119A.29;
Interagency coordinating council, created in section
125A.28, expires June 30, 1999;
Desegregation/integration advisory board, created in
section 124D.892;
Nonpublic education council, created in section 123B.445;
Permanent school fund advisory committee, created in
section 127A.30;
Indian scholarship committee, created in section 124D.84,
subdivision 2;
American Indian education committees, created in section
124D.80;
Summer scholarship advisory committee, created in section
124D.95;
Multicultural education advisory committee, created in
section 124D.894;
Male responsibility and fathering grants review committee,
created in section 124D.33;
Library for the blind and physically handicapped advisory
committee, created in section 134.31;
Higher education advisory council, created in section
136A.031;
Student advisory council, created in section 136A.031;
Cancer surveillance advisory committee, created in section
144.672;
Maternal and child health task force, created in section
145.881;
State community health advisory committee, created in
section 145A.10;
Mississippi River Parkway commission, created in section
161.1419;
School bus safety advisory committee, created in section
169.435;
Advisory council on workers' compensation, created in
section 175.007;
Code enforcement advisory council, created in section
175.008;
Medical services review board, created in section 176.103;
Apprenticeship advisory council, created in section 178.02;
OSHA advisory council, created in section 182.656;
Health professionals services program advisory committee,
created in section 214.32;
Rehabilitation advisory council for the blind, created in
section 248.10;
American Indian advisory council, created in section
254A.035;
Alcohol and other drug abuse advisory council, created in
section 254A.04;
Medical assistance drug formulary committee, created in
section 256B.0625;
Home care advisory committee, created in section 256B.071;
Preadmission screening, alternative care, and home and
community-based services advisory committee, created in section
256B.0911;
Traumatic brain injury advisory committee, created in
section 256B.093;
Minnesota commission serving deaf and hard-of-hearing
people, created in section 256C.28;
American Indian child welfare advisory council, created in
section 257.3579;
Juvenile justice advisory committee, created in section
268.29;
Northeast Minnesota economic development fund technical
advisory committees, created in section 298.2213;
Iron range higher education committee, created in section
298.2214;
Northeast Minnesota economic protection trust fund
technical advisory committee, created in section 298.297;
Pipeline safety advisory committee, created in section
299J.06, expires June 30, 1998;
Battered women's advisory council, created in section
611A.34.
Sec. 7. Minnesota Statutes 1998, section 16B.171, is
amended to read:
16B.171 [EXCEPTION FOR FEDERAL TRANSPORTATION CONTRACTS.]
Notwithstanding section 16B.17 16C.08 or other law to the
contrary, the commissioner of transportation may, when required
by a federal agency entering into an intergovernmental contract,
negotiate contract terms providing for full or partial
prepayment to the federal agency before work is performed or
services are provided.
Sec. 8. [RENUMBER; SECTION 16B.171.]
The revisor shall renumber Minnesota Statutes, section
16B.171, as section 16C.081.
Sec. 9. Minnesota Statutes 1998, section 16B.335,
subdivision 4, is amended to read:
Subd. 4. [ENERGY CONSERVATION.] A recipient to whom a
direct appropriation is made for a capital improvement project
shall ensure that the project complies with the applicable
energy conservation standards contained in law, including
sections 216C.19 to 216C.21 216C.20, and rules adopted
thereunder. The recipient may use the energy planning and
intervention and energy technologies units of the department of
public service to obtain information and technical assistance on
energy conservation and alternative energy development relating
to the planning and construction of the capital improvement
project.
Sec. 10. Minnesota Statutes 1998, section 16B.465,
subdivision 1, is amended to read:
Subdivision 1. [CREATION.] The state information
infrastructure provides voice, data, video, and other
telecommunications transmission services to state agencies;
educational institutions, including public schools as defined in
section 120A.05, subdivisions 9, 11, 13, and 17, nonpublic,
church or religious organization schools that provide
instruction in compliance with sections 120A.22, 120A.24, and
124A.41 120A.41, and private colleges; public corporations; and
state political subdivisions. It is not a telephone company for
purposes of chapter 237. It shall not resell or sublease any
services or facilities to nonpublic entities except it may serve
private schools and colleges. The commissioner has the
responsibility for planning, development, and operations of the
state information infrastructure in order to provide
cost-effective telecommunications transmission services to state
information infrastructure users.
Sec. 11. Minnesota Statutes 1998, section 16C.05,
subdivision 2, is amended to read:
Subd. 2. [CREATION AND VALIDITY OF CONTRACTS.] (a) A
contract is not valid and the state is not bound by it unless:
(1) it has first been executed by the head of the agency or
a delegate who is a party to the contract;
(2) it has been approved by the commissioner;
(3) it has been approved by the attorney general or a
delegate as to form and execution;
(4) the accounting system shows an obligation in an expense
budget or encumbrance for the amount of the contract liability;
and
(5) the combined contract and amendments shall not exceed
five years, unless otherwise provided for by law. The term of
the original contract must not exceed two years unless the
commissioner determines that a longer duration is in the best
interest of the state.
(b) Grants, interagency agreements, purchase orders, and
annual plans need not, in the discretion of the commissioner and
attorney general, require the signature of the commissioner
and/or the attorney general. Bond purchase agreements by the
Minnesota public facilities authority do not require the
approval of the commissioner.
(c) A fully executed copy of every contract must be kept on
file at the contracting agency.
Sec. 12. Minnesota Statutes 1998, section 19.52,
subdivision 2, is amended to read:
Subd. 2. [IMPEDING COMMISSIONER UNLAWFUL.] It is unlawful
to deny to the commissioner access to any premises which the
commissioner is authorized to enter for purposes of inspection
or to resist, thwart, or hinder the commissioner in carrying out
any authorized inspection, by misrepresentation, concealment or
of facts or conditions, or otherwise.
Sec. 13. Minnesota Statutes 1998, section 48A.12,
subdivision 1, is amended to read:
Subdivision 1. [TERMS.] For purposes of sections 48A.12 to
48A.25 48A.22, the following words and phrases have the meanings
given them.
Sec. 14. Minnesota Statutes 1998, section 58.02,
subdivision 22, is amended to read:
Subd. 22. [SERVICING; SERVICING A RESIDENTIAL MORTGAGE.]
"Servicing" or "servicing a residential mortgage loan" means
through any medium or mode of communication the collection or
remittance for of, or the right or obligation to collect or
remit for a lender, mortgagee, note owner, noteholder, or for a
person's own account, of payments, interest, principal, and
escrow items such as insurance and taxes for property subject to
a residential mortgage loan.
Sec. 15. Minnesota Statutes 1998, section 60L.08,
subdivision 1, is amended to read:
Subdivision 1. [CLASS LIMITATIONS.] For the purposes of
section 60L.11, the following limitations on classes of
investments apply:
(a) For investments authorized under section 60L.07, clause
(2), and investments authorized under section 60L.07, clause
(7), that are of the types described in section 60L.07, clause
(2), the following restrictions apply:
(1) the aggregate amount of medium and lower grade
investments may not exceed 20 percent of the insurer's admitted
assets;
(2) the aggregate amount of lower grade investments may not
exceed ten percent of the insurer's admitted assets;
(3) the aggregate amount of investments rated 5 or 6 by the
SVO may not exceed five percent of the insurer's admitted
assets;
(4) the aggregate amount of investments rated 6 by the SVO
may not exceed one percent of the insurer's admitted assets; or
(5) the aggregate amount of medium and lower grade
investments that receive as cash income less than the equivalent
yield for United States Treasury issues with a comparative
average life, may not exceed one percent of the insurer's
admitted assets.
(b) Investments authorized under section 60L.07, clause
(3), may not exceed 45 percent of admitted assets in the case of
life insurers and 25 percent of admitted assets in the case of
insurers other than life insurers.
(c) Investments authorized under section 60L.07, clause
(4), other than subsidiaries of the types authorized under
section 60A.11, subdivision 18, paragraph (a), clause (4);
60D.16; or 61A.281, may not exceed 20 percent of admitted assets
in the case of life insurers and 25 percent of admitted assets
in the case of insurers other than life insurers.
(d) Investments authorized under section 60L.07, clause
(5), may not exceed ten percent of admitted assets.
(e) Investments authorized under section 60L.07, clause
(6), may not exceed 20 percent of admitted assets in the case of
life insurers, and ten percent of admitted assets in the case of
insurers other than life insurers.
(f) Investments authorized under section 60L.07, clause
(7), may not exceed 20 percent of admitted assets.
(g) Investments authorized under section 60L.07, clause
(8), may not exceed two percent of admitted assets.
(h) Investments authorized under section 60L.07, clause
(9) (10), may not exceed two percent of admitted assets.
Sec. 16. Minnesota Statutes 1998, section 62E.15,
subdivision 2, is amended to read:
Subd. 2. [ASSOCIATION'S DUTY.] The association shall
devise and implement means of maintaining public awareness of
the provisions of sections 62E.01 to 62E.17 62E.16 and shall
administer these sections in a manner which facilitates public
participation in the state plan.
Sec. 17. Minnesota Statutes 1998, section 79A.06,
subdivision 5, is amended to read:
Subd. 5. [PRIVATE EMPLOYERS WHO HAVE CEASED TO BE
SELF-INSURED.] (a) Private employers who have ceased to be
private self-insurers shall discharge their continuing
obligations to secure the payment of compensation which is
accrued during the period of self-insurance, for purposes of
Laws 1988, chapter 674, sections 1 to 21, by compliance with all
of the following obligations of current certificate holders:
(1) Filing reports with the commissioner to carry out the
requirements of this chapter;
(2) Depositing and maintaining a security deposit for
accrued liability for the payment of any compensation which may
become due, pursuant to chapter 176. However, if a private
employer who has ceased to be a private self-insurer purchases
an insurance policy from an insurer authorized to transact
workers' compensation insurance in this state which provides
coverage of all claims for compensation arising out of injuries
occurring during the period the employer was self-insured,
whether or not reported during that period, the policy will
discharge the obligation of the employer to maintain a security
deposit for the payment of the claims covered under the policy.
The policy may not be issued by an insurer unless it has
previously been approved as to form and substance by the
commissioner; and
(3) Paying within 30 days all assessments of which notice
is sent by the security fund, for a period of seven years from
the last day its certificate of self-insurance was in effect.
Thereafter, the private employer who has ceased to be a private
self-insurer may either: (i) continue to pay within 30 days all
assessments of which notice is sent by the security fund until
it has no incurred liabilities for the payment of compensation
arising out of injuries during the period of self-insurance; or
(ii) pay the security fund a cash payment equal to four percent
of the net present value of all remaining incurred liabilities
for the payment of compensation under sections 176.101 and
176.111 as certified by a member of the casualty actuarial
society. Assessments shall be based on the benefits paid by the
employer during the calendar year immediately preceding the
calendar year in which the employer's right to self-insure is
terminated or withdrawn.
(b) With respect to a self-insurer who terminates its
self-insurance authority after April 1, 1998, that member shall
obtain and file with the commissioner an actuarial opinion of
its outstanding liabilities as determined by an associate or
fellow of the Casualty Actuarial Society. The opinion must
separate liability for indemnity benefits from liability from
medical benefits, and must discount each up to four percent per
annum to net present value. Within 30 days after notification
of approval of the actuarial opinion by the commissioner, the
member shall pay to the security fund an amount equal to 120
percent of that discounted outstanding indemnity liability,
multiplied by the greater of the average annualized assessment
rate since inception of the security fund or the annual rate at
the time of the most recent assessment before termination.
(c) A former member who terminated its self-insurance
authority before April 1, 1998, who has paid assessments to the
self-insurers' security fund for seven years, and whose
annualized assessment is $500 or less, may buy out of its
outstanding liabilities to the self-insurers' security fund by
an amount calculated as follows: 1.35 multiplied by the
indemnity case reserves at the time of the calculation,
multiplied by the then current self-insurers' security fund
annualized assessment rate.
(d) A former member who terminated its self-insurance
authority before April 1, 1998, and who is paying assessments
within the first seven years after ceasing to be self-insured
under paragraph (a), clause (3), may elect to buy out its
outstanding liabilities to the self-insurers' security fund by
obtaining and filing with the commissioner an actuarial opinion
of its outstanding liabilities as determined by an associate or
fellow of the Casualty Actuarial Society. The opinion must
separate liability for indemnity benefits from liability from
for medical benefits, and must discount each up to four percent
per annum to net present value. Within 30 days after
notification of approval of the actuarial opinion by the
commissioner, the member shall pay to the security fund an
amount equal to 120 percent of that discounted outstanding
indemnity liability, multiplied by the greater of the average
annualized assessment rate since inception of the security fund
or the annual rate at the time of the most recent assessment.
(e) A former member who has paid the security fund
according to paragraphs (b) to (d) and subsequently receives
authority from the commissioner to again self-insure shall be
assessed under section 79A.12, subdivision 2, only on indemnity
benefits paid on injuries that occurred after the former member
received authority to self-insure again; provided that the
member furnishes verified data regarding those benefits to the
security fund.
(f) In addition to proceedings to establish liabilities and
penalties otherwise provided, a failure to comply may be the
subject of a proceeding before the commissioner. An appeal from
the commissioner's determination may be taken pursuant to the
contested case procedures of chapter 14 within 30 days of the
commissioner's written determination.
Any current or past member of the self-insurers' security
fund is subject to service of process on any claim arising out
of chapter 176 or this chapter in the manner provided by section
5.25, or as otherwise provided by law. The issuance of a
certificate to self-insure to the private self-insured employer
shall be deemed to be the agreement that any process which is
served in accordance with this section shall be of the same
legal force and effect as if served personally within this state.
Sec. 18. Minnesota Statutes 1998, section 103B.581,
subdivision 2, is amended to read:
Subd. 2. [FINDINGS AND ORDER.] If the board or joint
county authority determines that the existence of the district
is no longer in the public welfare or public interest and it is
not needed to accomplish the purpose of the Lake Improvement
District Act Law, the board or joint county authority shall make
the findings and terminate the district by order. On filing a
certified copy of the findings and order with the secretary of
state, pollution control agency, and commissioner of natural
resources the district is terminated and ceases to be a
political subdivision of the state.
Sec. 19. Minnesota Statutes 1998, section 103G.221,
subdivision 1, is amended to read:
Subdivision 1. [DRAINAGE OF PUBLIC WATERS WETLANDS
GENERALLY PROHIBITED WITHOUT REPLACEMENT.] Except as provided in
subdivisions 2 and 3, Public waters wetlands may not be drained,
and a permit authorizing drainage of public waters wetlands may
not be issued, unless the public waters wetlands to be drained
are replaced by wetlands that will have equal or greater public
value.
Sec. 20. Minnesota Statutes 1998, section 115A.175,
subdivision 2, is amended to read:
Subd. 2. [DISMISSAL OF CANDIDATE SITES.] All candidate
sites remaining under Minnesota Statutes 1996, section 115A.21,
subdivision 1, are dismissed from further consideration as
candidate sites for hazardous waste facilities.
Sec. 21. Minnesota Statutes 1998, section 115A.33, is
amended to read:
115A.33 [ELIGIBILITY; REQUEST FOR REVIEW.]
The following persons shall be eligible to request
supplementary review by the board pursuant to sections 115A.32
to 115A.39: (a) a generator of sewage sludge within the state
who has been issued permits by the agency for a facility to
dispose of sewage sludge or solid waste resulting from sewage
treatment; (b) a political subdivision which has been issued
permits by the agency, or a political subdivision acting on
behalf of a person who has been issued permits by the agency,
for a solid waste facility which is no larger than 250 acres,
not including any proposed buffer area, and located outside the
metropolitan area; (c) a generator of hazardous waste within the
state who has been issued permits by the agency for a hazardous
waste facility to be owned and operated by the generator, on
property owned by the generator, and to be used by the generator
for managing the hazardous wastes produced by the generator
only; (d) a person who has been issued permits by the agency for
a commercial hazardous waste processing facility at a site
included in the board's inventory of preferred sites for such
facilities adopted pursuant to Minnesota Statutes 1996, section
115A.09; (e) a person who has been issued permits by the agency
for a disposal facility for the nonhazardous sludge, ash, or
other solid waste generated by a permitted hazardous waste
processing facility operated by the person. The board may
require completion of a plan conforming to the requirements of
section 115A.46, before granting review under clause (b). A
request for supplementary review shall show that the required
permits for the facility have been issued by the agency and that
a political subdivision has refused to approve the establishment
or operation of the facility.
Sec. 22. Minnesota Statutes 1998, section 115B.20,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] (a) The environmental
response, compensation, and compliance account is in the
environmental fund in the state treasury and may be spent only
for the purposes provided in subdivision 2.
(b) The commissioner of finance shall administer a response
account for the agency and the commissioner of agriculture to
take removal, response, and other actions authorized under
subdivision 2, clauses (1) to (4) and (10) to (12). The
commissioner of finance shall transfer money from the response
account to the agency and the commissioner of agriculture to
take actions required under subdivision 2, clauses (1) to (4)
and (10) to (12).
(c) The commissioner of finance shall administer the
account in a manner that allows the commissioner of agriculture
and the agency to utilize the money in the account to implement
their removal and remedial action duties as effectively as
possible.
(d) Amounts appropriated to the commissioner of finance
under this subdivision shall not be included in the department
of finance budget but shall be included in the pollution control
agency and department of agriculture budgets.
(e) All money recovered by the state under section 115B.04
or any other law for injury to, destruction of, or loss of
natural resources resulting from the release of a hazardous
substance, or a pollutant or contaminant, must be credited to
the environmental response, compensation, and compliance account
in the environmental fund and is appropriated to the
commissioner of natural resources for purposes of subdivision 2,
clause (6) (5), consistent with any applicable term of
judgments, consent decrees, consent orders, or other
administrative actions requiring payments to the state for such
purposes. Before making an expenditure of money appropriated
under this paragraph, the commissioner of natural resources
shall provide written notice of the proposed expenditure to the
chairs of the senate committee on finance, the house of
representatives committee on ways and means, the finance
division of the senate committee on environment and natural
resources, and the house of representatives committee on
environment and natural resources finance.
Sec. 23. Minnesota Statutes 1998, section 115C.021,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL RULE.] Except as provided in
subdivision subdivisions 2 to 4, a person is responsible for a
release from a tank if the person is an owner or operator of the
tank at any time during or after the release.
Sec. 24. Minnesota Statutes 1998, section 116.182,
subdivision 3a, is amended to read:
Subd. 3a. [NOTIFICATION OF OTHER GOVERNMENT UNITS.] In
addition to other applicable statutes or rules that are required
to receive financial assistance consistent with this
subdivision, the commissioner may not approve or certify a
project to the public facilities authority for wastewater
financial assistance unless the following requirements are met:
(1) prior to the initiation of the public facilities
planning process for a new wastewater treatment system, the
project proposer gives written notice to all municipalities as
defined in section 116.82 within ten miles of the proposed
project service area, including the county in which the project
is located, the office of strategic and long-range planning, and
the pollution control agency. The notice shall state the
proposer's intent to begin the facilities planning process and
provide a description of the need for the proposed project. The
notice also shall request a response within 30 days of the
notice date from all government units who wish to receive and
comment on the future facilities plan for the proposed project;
(2) during development of the facility plan's analysis of
service alternatives, the project proposer must request
information from all municipalities and sanitary districts which
have existing systems that have current capacity to meet the
proposer's needs or can be upgraded to meet those needs. At a
minimum, the proposer must notify in writing those
municipalities and sanitary districts whose corporate limits or
boundaries are within three miles of the proposed project's
service area;
(3) 60 days prior to the municipality's public hearing on
the facilities plan, a copy of the draft facilities plan and
notice of the public hearing on the facilities plan must be
given to the local government units who previously expressed
interest in the proposed project under clause (1);
(4) for a proposed project located or proposed to be
located outside the corporate limits of a city, the affected
county has certified to the agency that the proposed project is
consistent with the applicable county comprehensive plan and
zoning and subdivision regulations; and
(5) copies of the notifications required under clauses (1)
and (2), as well as the certification from the county and a
summary of the comments received, must be included by the
municipality in the submission of its facilities plan to the
pollution control agency, along with other required items as
specified in the agency's rules.
This subdivision does not apply to the western Lake
Superior sanitary district or the metropolitan council.
Sec. 25. Minnesota Statutes 1998, section 116J.70,
subdivision 2a, is amended to read:
Subd. 2a. [LICENSE; EXCEPTIONS.] "Business license" or
"license" does not include the following:
(1) any occupational license or registration issued by a
licensing board listed in section 214.01 or any occupational
registration issued by the commissioner of health pursuant to
section 214.13;
(2) any license issued by a county, home rule charter city,
statutory city, township, or other political subdivision;
(3) any license required to practice the following
occupation regulated by the following sections:
(i) abstracters regulated pursuant to chapter 386;
(ii) accountants regulated pursuant to chapter 326;
(iii) adjusters regulated pursuant to chapter 72B;
(iv) architects regulated pursuant to chapter 326;
(v) assessors regulated pursuant to chapter 270;
(vi) athletic trainers regulated pursuant to chapter 148;
(vii) attorneys regulated pursuant to chapter 481;
(viii) auctioneers regulated pursuant to chapter 330;
(ix) barbers regulated pursuant to chapter 154;
(x) beauticians regulated pursuant to chapter 155A;
(xi) boiler operators regulated pursuant to chapter 183;
(xii) chiropractors regulated pursuant to chapter 148;
(xiii) collection agencies regulated pursuant to chapter
332;
(xiv) cosmetologists regulated pursuant to chapter 155A;
(xv) dentists, registered dental assistants, and dental
hygienists regulated pursuant to chapter 150A;
(xvi) detectives regulated pursuant to chapter 326;
(xvii) electricians regulated pursuant to chapter 326;
(xviii) mortuary science practitioners regulated pursuant
to chapter 149A;
(xix) engineers regulated pursuant to chapter 326;
(xx) insurance brokers and salespersons regulated pursuant
to chapter 60A;
(xxi) certified interior designers regulated pursuant to
chapter 326;
(xxii) midwives regulated pursuant to chapter 148;
(xxiii) nursing home administrators regulated pursuant to
chapter 144A;
(xxiv) optometrists regulated pursuant to chapter 148;
(xxv) osteopathic physicians regulated pursuant to chapter
147;
(xxvi) pharmacists regulated pursuant to chapter 151;
(xxvii) physical therapists regulated pursuant to chapter
148;
(xxviii) physician assistants regulated pursuant to chapter
147A;
(xxix) physicians and surgeons regulated pursuant to
chapter 147;
(xxx) plumbers regulated pursuant to chapter 326;
(xxxi) podiatrists regulated pursuant to chapter 153;
(xxxii) practical nurses regulated pursuant to chapter 148;
(xxxiii) professional fund raisers regulated pursuant to
chapter 309;
(xxxiv) psychologists regulated pursuant to chapter 148;
(xxxv) real estate brokers, salespersons, and others
regulated pursuant to chapters 82 and 83;
(xxxvi) registered nurses regulated pursuant to chapter
148;
(xxxvii) securities brokers, dealers, agents, and
investment advisers regulated pursuant to chapter 80A;
(xxxviii) steamfitters regulated pursuant to chapter 326;
(xxxix) teachers and supervisory and support personnel
regulated pursuant to chapter 125;
(xl) veterinarians regulated pursuant to chapter 156;
(xli) water conditioning contractors and installers
regulated pursuant to chapter 326;
(xlii) water well contractors regulated pursuant to chapter
103I;
(xliii) water and waste treatment operators regulated
pursuant to chapter 115;
(xliv) motor carriers regulated pursuant to chapter 221;
(xlv) professional corporations regulated pursuant to
chapter 319A or professional firms regulated under chapter 319B;
(xlvi) real estate appraisers regulated pursuant to chapter
82B;
(xlvii) residential building contractors, residential
remodelers, residential roofers, manufactured home installers,
and specialty contractors regulated pursuant to chapter 326;
(4) any driver's license required pursuant to chapter 171;
(5) any aircraft license required pursuant to chapter 360;
(6) any watercraft license required pursuant to chapter
86B;
(7) any license, permit, registration, certification, or
other approval pertaining to a regulatory or management program
related to the protection, conservation, or use of or
interference with the resources of land, air, or water, which is
required to be obtained from a state agency or instrumentality;
and
(8) any pollution control rule or standard established by
the pollution control agency or any health rule or standard
established by the commissioner of health or any licensing rule
or standard established by the commissioner of human services.
Sec. 26. Minnesota Statutes 1998, section 117.47, is
amended to read:
117.47 [PERMITS; LICENSES.]
The commissioner of natural resources may grant permits and
licenses or leases on and across lands owned by the state to any
corporation or association engaged in or preparing to engage in
the business of mining and beneficiating taconite as defined in
section 298.23 298.001, subdivision 4, or semitaconite as
defined in section 298.34, for the purpose of providing the
corporation or association necessary easements, rights of way
and surface rights over, through and across such lands for the
erection and maintenance of pipe lines, pole lines, conduits,
sluiceways, roads, railroads and tramways. The commissioner may
grant permits and licenses or leases for flowage rights, rights
to transport crude ore, concentrates or waste materials over
such state-owned lands, and may lease state-owned lands for the
depositing of stripping, lean ores, tailings, or waste products
of such business. Such permits, licenses or leases, may also
authorize the use of state-owned lands by such corporation or
association for plants and other buildings necessary to the
proper carrying on of such business and may grant water rights
and other rights requisite to the construction of wharves,
piers, breakwaters, or similar facilities necessary to the
carrying on of such business or the shipment of the products
thereof. The commissioner may also license the flooding of
state lands in connection with any permit or authorization for
the use of public waters issued by the legislature or issued by
the commissioner pursuant to law. Such permits, licenses, and
leases shall be upon such conditions and for such consideration
and for such period of time as the commissioner may determine.
The county auditor, with the approval of the county board, is
authorized to grant permits, licenses and leases for all such
purposes across tax-forfeited lands not held by the state free
from any trust in favor of any and all taxing districts, upon
such conditions and for such consideration and for such period
of time as the county board may determine. Any proceeds from
the granting of such permits, licenses or leases shall be
apportioned and distributed as other proceeds from the sale or
rental of tax-forfeited lands.
Sec. 27. Minnesota Statutes 1998, section 119A.03,
subdivision 2, is amended to read:
Subd. 2. [DUTIES OF THE COMMISSIONER.] The commissioner
shall:
(1) identify measurable outcomes by which programs
administered by the department will be evaluated at the state
and local level;
(2) develop linkages with other state departments to ensure
coordination and consistent state policies promoting healthy
development of children and families;
(3) prepare, in consultation with the children's cabinet,
the commission on children, youth, and their families, and
affected parties, prior to January 1, 1996, and prior to July 1
of each year thereafter, guidelines governing planning,
reporting, and other procedural requirements necessary to
administer this chapter;
(4) facilitate inclusive processes when designing or
implementing guidelines and strategies to achieve agency goals
for children and families listed in section 119A.01, subdivision
3;
(5) facilitate intergovernmental and public-private
partnership strategies necessary to implement this chapter;
(6) submit to the federal government, or provide assistance
to local governments and organizations in submitting, where
appropriate and feasible, requests for federal waivers or
recommendations for changes in federal law necessary to carry
out the purposes of this chapter;
(7) coordinate review of all plans and other documents
required under the guidelines provided for in clause (3);
(8) coordinate development of the management support system
components required for implementation of this chapter;
(9) review other programs serving children and families to
determine the feasibility for transfer to the department of
children, families, and learning or the feasibility of inclusion
in the funding consolidation process; and
(10) monitor local compliance with this chapter.
Sec. 28. Minnesota Statutes 1998, section 119A.26,
subdivision 2, is amended to read:
Subd. 2. [DUTIES.] (a) The assistant commissioner shall:
(1) gather, develop, and make available throughout the
state information and educational materials on preventing and
reducing violence in the family and in the community, both
directly and by serving as a clearinghouse for information and
educational materials from schools, state and local agencies,
community service providers, and local organizations;
(2) foster collaboration among schools, state and local
agencies, community service providers, and local organizations
that assist in violence intervention or prevention;
(3) assist schools, state and local agencies, service
providers, and organizations, on request, with training and
other programs designed to educate individuals about violence
and reinforce values that contribute to ending violence;
(4) after consulting with all state agencies involved in
preventing or reducing violence within the family or community,
develop a statewide strategy for preventing and reducing
violence that encompasses the efforts of those agencies and
takes into account all money available for preventing or
reducing violence from any source;
(5) submit the strategy to the governor by January 15 of
each calendar year, along with a summary of activities occurring
during the previous year to prevent or reduce violence
experienced by children, young people, and their families; and
(6) assist appropriate professional and occupational
organizations, including organizations of law enforcement
officers, prosecutors, and educators, in developing and
operating informational and training programs to improve the
effectiveness of activities to prevent or reduce violence within
the family or community.
(b) The assistant commissioner shall gather and make
available information on prevention and supply reduction
activities throughout the state, foster cooperation among
involved state and local agencies, and assist agencies and
public officials in training and other programs designed to
improve the effectiveness of prevention and supply reduction
activities.
(c) The assistant commissioner shall coordinate the
distribution of funds received by the state of Minnesota through
the federal Anti-Drug Abuse Act. The assistant commissioner
shall recommend to the commissioner recipients of grants under
sections 119A.30 and section 299A.33, after consultation with
the chemical abuse prevention resource council.
(d) The assistant commissioner shall:
(1) after consultation with all state agencies involved in
prevention or supply reduction activities, develop a state
chemical abuse and dependency strategy encompassing the efforts
of those agencies and taking into account all money available
for prevention and supply reduction activities, from any source;
(2) submit the strategy to the governor by January 15 of
each year, along with a summary of prevention and supply
reduction activities during the preceding calendar year;
(3) assist appropriate professional and occupational
organizations, including organizations of law enforcement
officers, prosecutors, and educators, in developing and
operating informational and training programs to improve the
effectiveness of prevention and supply reduction activities;
(4) provide information, including information on drug
trends, and assistance to state and local agencies, both
directly and by functioning as a clearinghouse for information
from other agencies;
(5) facilitate cooperation among drug program agencies; and
(6) in coordination with the chemical abuse prevention
resource council, review, approve, and coordinate the
administration of prevention, criminal justice, and treatment
grants.
Sec. 29. Minnesota Statutes 1998, section 119A.45, is
amended to read:
119A.45 [EARLY CHILDHOOD LEARNING AND CHILD PROTECTION
FACILITIES.]
The commissioner may make grants to state agencies and
political subdivisions to construct or rehabilitate facilities
for Head Start, early childhood and family education programs,
other early childhood intervention programs, or demonstration
family service centers housing multiagency collaboratives, with
priority to centers in counties or municipalities with the
highest number percentage of children living in poverty. The
commissioner may also make grants to state agencies and
political subdivisions to construct or rehabilitate facilities
for crisis nurseries or child visitation centers. The
facilities must be owned by the state or a political
subdivision, but may be leased under section 16A.695 to
organizations that operate the programs. The commissioner must
prescribe the terms and conditions of the leases. A grant for
an individual facility must not exceed $200,000 for each program
that is housed in the facility, up to a maximum of $500,000 for
a facility that houses three programs or more. The commissioner
must give priority to grants that involve collaboration among
sponsors of programs under this section and may give priority to
projects that collaborate with child care providers, including
all-day and school-age child care programs, special needs care,
sick child care, and nontraditional hour care. The commissioner
may give priority to grants for programs that will increase
their child care workers' wages as a result of the grant. At
least 25 percent of the amounts appropriated for these
grants must be used in conjunction with the youth employment and
training programs operated by the commissioner of economic
security up to $50,000 must utilize youthbuild under sections
268.361 to 268.366 or other youth employment and training
programs for the labor portion of the construction. Eligible
programs must consult with appropriate labor organizations to
deliver education and training. State appropriations must be
matched on a 50 percent basis with nonstate funds. The matching
requirement must apply programwide and not to individual grants.
Sec. 30. Minnesota Statutes 1998, section 119A.46,
subdivision 4, is amended to read:
Subd. 4. [LEAD CONTRACTORS SUPERVISOR OR CERTIFIED FIRM.]
(a) Eligible organizations and lead contractors supervisors or
certified firms may participate in the swab team program. An
eligible organization receiving a grant under this section must
assure that all participating lead contractors supervisors or
certified firms are licensed and that all swab team workers are
certified by the department of health under section 144.9505.
Eligible organizations and lead contractors supervisors or
certified firms may distinguish between interior and exterior
services in assigning duties and may participate in the program
by:
(1) providing on-the-job training for swab team workers;
(2) providing swab team services to meet the requirements
of sections 144.9503, subdivision 4, and 144.9504, subdivision
6;
(3) providing a removal and replacement component using
skilled craft workers under subdivision 7;
(4) providing lead testing according to subdivision 8;
(5) providing lead dust cleaning supplies, as described in
section 144.9503 144.9507, subdivision 5 4,
paragraph (b) (c), to residents; or
(6) having a swab team worker instruct residents and
property owners on appropriate lead control techniques,
including the lead-safe directives developed by the commissioner
of health.
(b) Participating lead contractors supervisors or certified
firms must:
(1) demonstrate proof of workers' compensation and general
liability insurance coverage;
(2) be knowledgeable about lead abatement requirements
established by the Department of Housing and Urban Development
and the Occupational Safety and Health Administration and lead
hazard reduction requirements and lead-safe directives of the
commissioner of health;
(3) demonstrate experience with on-the-job training
programs;
(4) demonstrate an ability to recruit employees from areas
at high risk for toxic lead exposure; and
(5) demonstrate experience in working with low-income
clients.
Sec. 31. Minnesota Statutes 1998, section 119A.51,
subdivision 1, is amended to read:
Subdivision 1. [SCOPE.] As used in sections 119A.52 to
119A.54 and 119A.53, the terms defined in this section have the
meanings given them.
Sec. 32. Minnesota Statutes 1998, section 119B.05,
subdivision 1, is amended to read:
Subdivision 1. [ELIGIBLE RECIPIENTS.] Families eligible
for child care assistance under the AFDC child care program are:
(1) persons receiving services under sections 256.031 to
256.0361 and 256.047 to 256.048;
(2) AFDC recipients who are employed or in job search and
meet the requirements of section 119B.10;
(3) persons who are members of transition year families
under section 119B.01, subdivision 16;
(4) members of the control group for the STRIDE evaluation
conducted by the Manpower Demonstration Research Corporation;
(5) AFDC caretakers who are participating in the STRIDE and
non-STRIDE AFDC child care program;
(6) families who are participating in employment
orientation or job search, or other employment or training
activities that are included in an approved employability
development plan under chapter 256K; and
(7) MFIP-S families who are participating in work
activities as required in their job search support or employment
plan, or in appeals, hearings, assessments, or orientations
according to chapter 256J. Child care assistance to support
work activities as described in section 256J.49 must be
available according to sections 119A.54, 119B.01, subdivision 8,
124D.13, 256E.08, and 611A.32 and titles IVA, IVB, IVE, and XX
of the Social Security Act.
Sec. 33. Minnesota Statutes 1998, section 123B.57,
subdivision 6, is amended to read:
Subd. 6. [USES OF HEALTH AND SAFETY REVENUE.] Health and
safety revenue may be used only for approved expenditures
necessary to correct fire safety hazards, life safety hazards,
or for the removal or encapsulation of asbestos from school
buildings or property, asbestos-related repairs, cleanup and
disposal of polychlorinated biphenyls found in school buildings
or property, or the cleanup, removal, disposal, and repairs
related to storing heating fuel or transportation fuels such as
alcohol, gasoline, fuel oil, and special fuel, as defined in
section 296.01 296A.01, labor and industry regulated facility
and equipment hazards, and health, safety, and environmental
management. Health and safety revenue must not be used for the
construction of new facilities or the purchase of portable
classrooms. The revenue may not be used for a building or
property or part of a building or property used for
post-secondary instruction or administration or for a purpose
unrelated to elementary and secondary education.
Sec. 34. Minnesota Statutes 1998, section 126C.21,
subdivision 4, is amended to read:
Subd. 4. [TACONITE DEDUCTIONS.] (1) Notwithstanding any
provisions of any other law to the contrary, the adjusted net
tax capacity used in calculating general education aid may
include only that property that is currently taxable in the
district.
(2) For districts that received payments under sections
298.018; 298.23 298.24 to 298.28; 298.34 to 298.39; 298.391 to
298.396; and 298.405; any law imposing a tax upon severed
mineral values, or recognized revenue pursuant to section
477A.15; the general education aid must be reduced in the final
adjustment payment by the difference between the dollar amount
of the payments received pursuant to those sections, or revenue
recognized pursuant to section 477A.15 in the fiscal year to
which the final adjustment is attributable and the amount that
was calculated, pursuant to section 126C.48, subdivision 8, as a
reduction of the levy attributable to the fiscal year to which
the final adjustment is attributable. If the final adjustment
of a district's general education aid for a fiscal year is a
negative amount because of this clause, the next fiscal year's
general education aid to that district must be reduced by this
negative amount in the following manner: there must be withheld
from each scheduled general education aid payment due the
district in such fiscal year, 15 percent of the total negative
amount, until the total negative amount has been withheld. The
amount reduced from general education aid pursuant to this
clause must be recognized as revenue in the fiscal year to which
the final adjustment payment is attributable.
Sec. 35. Minnesota Statutes 1998, section 126C.48,
subdivision 8, is amended to read:
Subd. 8. [TACONITE PAYMENT AND OTHER REDUCTIONS.] (1)
Reductions in levies pursuant to sections 126C.48, subdivision
1, and 273.138, must be made prior to the reductions in clause
(2).
(2) Notwithstanding any other law to the contrary,
districts which received payments pursuant to sections 298.018;
298.23 298.24 to 298.28, except an amount distributed under
section 298.28, subdivision 4, paragraph (c), clause (ii);
298.34 to 298.39; 298.391 to 298.396; 298.405; and any law
imposing a tax upon severed mineral values, or recognized
revenue pursuant to section 477A.15; must not include a portion
of these aids in their permissible levies pursuant to those
sections, but instead must reduce the permissible levies
authorized by this chapter and chapters 120B, 122A, 123A, 123B,
124A, 124D, 125A, and 127A by the greater of the following:
(a) an amount equal to 50 percent of the total dollar
amount of the payments received pursuant to those sections or
revenue recognized pursuant to section 477A.15 in the previous
fiscal year; or
(b) an amount equal to the total dollar amount of the
payments received pursuant to those sections or revenue
recognized pursuant to section 477A.15 in the previous fiscal
year less the product of the same dollar amount of payments or
revenue times five percent.
(3) No reduction pursuant to this subdivision shall reduce
the levy made by the district pursuant to section 126C.13, to an
amount less than the amount raised by a levy of a net tax rate
of 6.82 percent times the adjusted net tax capacity for taxes
payable in 1990 and thereafter of that district for the
preceding year as determined by the commissioner. The amount of
any increased levy authorized by referendum pursuant to section
126C.17, subdivision 9, shall not be reduced pursuant to this
subdivision. The amount of any levy authorized by section
126C.43, to make payments for bonds issued and for interest
thereon, shall not be reduced pursuant to this subdivision.
(4) Before computing the reduction pursuant to this
subdivision of the health and safety levy authorized by sections
123B.57 and 126C.40, subdivision 5, the commissioner shall
ascertain from each affected school district the amount it
proposes to levy under each section or subdivision. The
reduction shall be computed on the basis of the amount so
ascertained.
(5) Notwithstanding any law to the contrary, any amounts
received by districts in any fiscal year pursuant to sections
298.018; 298.23 298.24 to 298.28; 298.34 to 298.39; 298.391 to
298.396; 298.405; or any law imposing a tax on severed mineral
values; and not deducted from general education aid pursuant to
section 126C.21, subdivision 4, clause (2), and not applied to
reduce levies pursuant to this subdivision shall be paid by the
district to the St. Louis county auditor in the following amount
by March 15 of each year, the amount required to be subtracted
from the previous fiscal year's general education aid pursuant
to section 126C.21, subdivision 4, which is in excess of the
general education aid earned for that fiscal year. The county
auditor shall deposit any amounts received pursuant to this
clause in the St. Louis county treasury for purposes of paying
the taconite homestead credit as provided in section 273.135.
Sec. 36. Minnesota Statutes 1998, section 136F.47, is
amended to read:
136F.47 [PENSION PLAN.]
Effective July 1, 1995, The board shall assume the
administrative responsibility for the individual retirement
account plans in chapter chapters 354B and 354C formerly
administered separately by the state university board and the
community college board. The separate plans and the former plan
administration must be merged into a single individual
retirement account plan and plan administration covering
eligible employees of the board, eligible employees of system
institutions, and other eligible employee groups who are covered
by the plan under section 354B.01 354B.21.
Sec. 37. Minnesota Statutes 1998, section 156.11, is
amended to read:
156.11 [CORPORATIONS NOT TO PRACTICE.]
It shall be unlawful in the state of Minnesota for any
corporation, other than one organized pursuant to chapter 319A
or 319B, to practice veterinary medicine, or to hold itself out
or advertise itself in any way as being entitled to practice
veterinary medicine, or to receive the fees, or portions of
fees, or gifts or other emoluments or benefits derived from the
practice of veterinary medicine, or the performance of
veterinary services by any person, whether such person be
licensed to practice veterinary medicine or not. Any
corporation violating the provisions of this section shall be
guilty of a gross misdemeanor and fined not more than $3,000 for
each offense, and each day that this chapter is violated shall
be considered a separate offense.
Sec. 38. Minnesota Statutes 1998, section 168.022,
subdivision 4, is amended to read:
Subd. 4. [PAYMENT OUT OF HIGHWAY USER FUND.] Payment of
any refund pursuant to this section shall be made out of the
highway user tax distribution fund and the amounts necessary to
pay the refunds are appropriated out of the highway user that
fund.
Sec. 39. Minnesota Statutes 1998, section 169.1217,
subdivision 7a, is amended to read:
Subd. 7a. [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A
motor vehicle used to commit a designated offense or used in
conduct resulting in a designated license revocation is subject
to administrative forfeiture under this subdivision.
(b) When a motor vehicle is seized under subdivision 2, the
appropriate agency shall serve the driver or operator of the
vehicle with a notice of the seizure and intent to forfeit the
vehicle. Additionally, when a motor vehicle is seized under
subdivision 2, or within a reasonable time after that, all
persons known to have an ownership or possessory interest in the
vehicle must be notified of the seizure and the intent to
forfeit the vehicle. Notice mailed by certified mail to the
address shown in department of public safety records is
sufficient notice to the registered owner of the vehicle.
Otherwise, notice may be given in the manner provided by law for
service of a summons in a civil action.
(c) The notice must be in writing and contain:
(1) a description of the vehicle seized;
(2) the date of seizure; and
(3) notice of the right to obtain judicial review of the
forfeiture and of the procedure for obtaining that judicial
review, printed in English, Hmong, and Spanish. Substantially
the following language must appear conspicuously: "IF YOU DO
NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA
STATUTES, SECTION 169.1217, SUBDIVISION 7a, YOU LOSE THE RIGHT
TO A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY
RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY. YOU MAY NOT
HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE
UNABLE TO AFFORD THE FEE. YOU DO NOT HAVE TO PAY THE FILING FEE
IF THE PROPERTY IS WORTH LESS THAN $500 AND YOU FILE YOUR CLAIM
IN CONCILIATION COURT."
(d) Within 30 days following service of a notice of seizure
and forfeiture under this subdivision, a claimant may file a
demand for a judicial determination of the forfeiture. The
demand must be in the form of a civil complaint and must be
filed with the court administrator in the county in which the
seizure occurred, together with proof of service of a copy of
the complaint on the prosecuting authority having jurisdiction
over the forfeiture, and the standard filing fee for civil
actions unless the petitioner has the right to sue in forma
pauperis under section 563.01. If the value of the seized
property is less than $500, the claimant may file an action in
conciliation court for recovery of the seized vehicle without
paying the conciliation court filing fee. No responsive
pleading is required of the prosecuting authority and no court
fees may be charged for the prosecuting authority's appearance
in the matter. Except as provided in this section, judicial
reviews and hearings are governed by section 169.123,
subdivisions 5c and 6, and shall take place at the same time as
any judicial review of the person's license revocation under
section 169.123. The proceedings may be combined with any
hearing on a petition filed under section 169.123, subdivision
5c, and are governed by the rules of civil procedure.
(e) The complaint must be captioned in the name of the
claimant as plaintiff and the seized vehicle as defendant, and
must state with specificity the grounds on which the claimant
alleges the vehicle was improperly seized and the plaintiff's
interest in the vehicle seized. Notwithstanding any law to the
contrary, an action for the return of a vehicle seized under
this section may not be maintained by or on behalf of any person
who has been served with a notice of seizure and forfeiture
unless the person has complied with this subdivision.
(f) If the claimant makes a timely demand for a judicial
determination under this subdivision, the appropriate agency
must conduct the forfeiture under subdivision 8.
(g) If a demand for judicial determination of an
administrative forfeiture is filed under this subdivision and
the court orders the return of the seized vehicle, the court
shall order that filing fees be reimbursed to the person who
filed the demand. In addition, the court may order the payment
of reasonable costs, expenses, and attorney fees sanctions under
section 549.21, subdivision 2 549.211.
Sec. 40. Minnesota Statutes 1998, section 169.129,
subdivision 2, is amended to read:
Subd. 2. [PENALTIES.] (a) Except as otherwise provided in
paragraph (b), a person who violates subdivision 1 is guilty of
a gross misdemeanor.
(b) A person is guilty of an enhanced gross misdemeanor and
may be sentenced to imprisonment in a local correctional
facility for not more than two years or to payment of a fine of
not more than $3,000, or both, if the person violates
subdivision 1 and the person's driver's license or driving
privilege has been suspended, revoked, canceled, denied, or
disqualified two or more times within the past ten years under
any of the statutes listed in subdivision 1. A person convicted
of an enhanced gross misdemeanor under this paragraph is subject
to the applicable mandatory penalties provided in section
169.121, subdivision 3d 3e.
Sec. 41. Minnesota Statutes 1998, section 171.061,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For purposes of this section:
(1) "applicant" means an individual applying for a driver's
license, provisional license, restricted license, duplicate
license, instruction permit, Minnesota identification card, or
motorized bicycle operator's permit; and
(2) "application" refers to an application for a driver's
license, provisional license, restricted license, duplicate
license, instruction permit, Minnesota identification card, or
motorized bicycle operator's permit.
Sec. 42. Minnesota Statutes 1998, section 171.07,
subdivision 10, is amended to read:
Subd. 10. [AGREEMENT WITH OTHER AGENCY.] The commissioner
of public safety is authorized to enter into agreements with
other agencies to issue cards to clients of those agencies for
use in their programs. The cards may be issued to persons who
do not qualify for a Minnesota driver's license or do not
provide evidence of name and identity as required by rule for a
Minnesota identification card. Persons issued cards under this
subdivision will meet the identification verification
requirements of the contracting agency.
The interagency agreement may include provisions for the
payment of the county fee provided in section 171.06 171.061,
subdivision 4, and the actual cost to manufacture the card.
Cards issued under this subdivision are not Minnesota
identification cards for the purposes defined in sections
48.512, 201.061, 201.161, 332.50, and 340A.503.
Sec. 43. Minnesota Statutes 1998, section 174.06,
subdivision 1, is amended to read:
Subdivision 1. [DEPARTMENT OF HIGHWAYS.] All powers,
duties and functions heretofore vested in or imposed on the
commissioner of highways or the department of highways by
chapters 160, 161, 162, 163, 164, 165, 167, 169, 173, or
sections 473.404 473.405 to 473.449 or any other law relating to
the duties and powers of the commissioner of highways are
transferred to, vested in, and imposed on the commissioner of
transportation. The position of the commissioner of highways
and the department of highways as heretofore constituted are
abolished.
Sec. 44. Minnesota Statutes 1998, section 179.12, is
amended to read:
179.12 [EMPLOYERS' UNFAIR LABOR PRACTICES.]
It is an unfair labor practice for an employer:
(1) to institute a lockout of its employees in violation of
a valid collective bargaining agreement between the employer and
its employees or labor organization if the employees at the time
are in good faith complying with the provisions of the
agreement, or to violate the terms and conditions of the
bargaining agreement;
(2) to institute a lockout of its employees in violation of
section 179.06 or 179.07;
(3) to encourage or discourage membership in a labor
organization by discrimination in regard to hire or tenure of
employment or any terms or conditions of employment; provided,
that this clause does not apply to the provisions of collective
bargaining agreements entered into voluntarily by an employer
and its employees or a labor organization representing the
employees as a bargaining agent, as provided by section 179.16;
(4) to discharge or otherwise to discriminate against an
employee because the employee has signed or filed an affidavit,
petition, or complaint or given information or testimony under
this chapter;
(5) to spy directly or through agents or any other persons
upon activities of employees or their representatives in the
exercise of their legal rights;
(6) to distribute or circulate a blacklist of individuals
exercising a legal right or of members of a labor organization
for the purpose of preventing individuals who are blacklisted
from obtaining or retaining employment;
(7) to engage or contract for the services of a person who
is an employee of another if the employee is paid a wage that is
less than the wage to be paid by the engaging or contracting
employer under an existing union contract for work of the same
grade or classification;
(8) willfully and knowingly to utilize a professional
strikebreaker to replace an employee or employees involved in a
strike or lockout at a place of business located within this
state; or
(9) to grant or offer to grant the status of permanent
replacement employee to a person for performing bargaining unit
work for an employer during a lockout of employees in a labor
organization or during a strike of employees in a labor
organization authorized by a representative of employees;.
(10) The violation of clauses clause (2), (4), (5), (6),
(7), (8), and or (9) are is an unlawful acts act.
Sec. 45. Minnesota Statutes 1998, section 181.58, is
amended to read:
181.58 [SURVIVING SPOUSE PAID WAGES DUE.]
For the purposes of this section the word "employer"
includes every person, firm, partnership, corporation, the state
of Minnesota, all political subdivisions, and all municipal
corporations.
If, at the time of the death of any person, an employer is
indebted to the person for work, labor, or services performed,
and no personal representative of the person's estate has been
appointed, such employer shall, upon the request of the
surviving spouse, forthwith pay this indebtedness, in such an
amount as may be due, not exceeding the sum of $10,000, to the
surviving spouse. The employer may in the same manner provide
for payment to the surviving spouse of accumulated credits under
the vacation or overtime plan or system maintained by the
employer. The employer shall require proof of claimant's
relationship to decedent by affidavit, and require claimant to
acknowledge receipt of such payment in writing. Any payments
made by the employer pursuant to the provisions of this section
shall operate as a full and complete discharge of the employer's
indebtedness to the extent of the payment, and no employer shall
thereafter be liable therefor to the decedent's estate or the
decedent's personal representative thereafter appointed. Any
amounts so received by a spouse shall be considered in
diminution of the allowance to the spouse under section
525.15 524.2-403.
Sec. 46. Minnesota Statutes 1998, section 205A.01,
subdivision 2, is amended to read:
Subd. 2. [SCHOOL DISTRICT.] "School district" means an
independent or special school district, as defined in section
120.02 120A.05.
Sec. 47. Minnesota Statutes 1998, section 219.074,
subdivision 2, is amended to read:
Subd. 2. [CROSSING VACATION PROGRAM.] On or before July 1,
1992, and on or before July 1 of each of the next four years,
and as necessary afterward, the commissioner shall propose to
the board develop a list of grade crossings proposed to be
vacated. The list must be developed by applying the standards
set forth in the rules adopted under section 219.073. Grade
crossings that are part of an abandonment, closing, or removal
under section 219.741 may not be included in the list. The
commissioner shall notify the public officials having the
necessary authority and the railway companies operating the
railroads of the proposed vacations. Either affected party may
request a hearing. If requested, the commissioner shall hold a
contested case hearing applying in its determination the rules
developed under section 219.073. If after the hearing the
commissioner determines that the vacation is consistent with the
standards adopted under section 219.073, it the commissioner may
order the crossing vacated. If a request for a hearing on a
particular crossing is not received within 30 days of the
publication in the State Register, the commissioner shall order
the crossing vacated.
Sec. 48. Minnesota Statutes 1998, section 219.39, is
amended to read:
219.39 [DANGEROUS CROSSING; COMPLAINT; HEARING.]
Upon written complaint authorized by the governing body of
a city or county, by the board of supervisors of a town, or by
authorized officers of a subject railroad, alleging that a
railroad crossing a street, road, or highway in the city, town,
or county is dangerous to life and property, and giving the
reasons for the allegations, the commissioner shall investigate
the matters contained in the complaint, and, when necessary,
initiate a hearing before the board.
Sec. 49. Minnesota Statutes 1998, section 221.034,
subdivision 5, is amended to read:
Subd. 5. [DISCHARGE EXEMPTIONS.] Except as provided in
subdivision 6, the requirements of subdivision 3 do not apply to
incidents involving the unintentional release of hazardous
materials being transported under the following proper shipping
names:
(1) consumer commodity;
(2) battery, electric storage, wet, filled with acid or
alkali;
(3) paint, enamel, lacquer, stain, shellac or varnish
aluminum, bronze, gold, wood filler, and liquid or lacquer base
liquid when shipped in packagings of five gallons or less; or
(4) materials prepared and transported as a limited
quantity according to Code of Federal Regulations, title 49,
subtitle B, chapter 1, subchapter C.
Sec. 50. Minnesota Statutes 1998, section 221.036,
subdivision 1, is amended to read:
Subdivision 1. [ORDER.] The commissioner may issue an
order requiring violations to be corrected and administratively
assessing monetary penalties for a violation of (1) section
221.021; (2) section 221.033, subdivision 2b; (3) section
221.041, subdivision 3; (4) section 221.081; (5) section
221.151; (6) section 221.171; (7) section 221.141; (8) section
221.035, a material term or condition of a license issued under
that section; or rules of the board or commissioner relating to
the transportation of hazardous waste, motor carrier operations,
insurance, or tariffs and accounting. An order must be issued
as provided in this section.
Sec. 51. Minnesota Statutes 1998, section 221.036,
subdivision 3, is amended to read:
Subd. 3. [AMOUNT OF PENALTY; CONSIDERATIONS.] (a) The
commissioner may issue an order assessing a penalty of up to
$5,000 for all violations of section 221.021; 221.041,
subdivision 3; 221.081; 221.141; 221.151; or 221.171, or rules
of the board or commissioner relating to motor carrier
operations, insurance, or tariffs and accounting, identified
during a single inspection, audit, or investigation.
(b) The commissioner may issue an order assessing a penalty
up to a maximum of $10,000 for all violations of section
221.033, subdivision 2b, or 221.035, and rules adopted under
those sections that section, identified during a single
inspection or audit.
(c) In determining the amount of a penalty, the
commissioner shall consider:
(1) the willfulness of the violation;
(2) the gravity of the violation, including damage to
humans, animals, air, water, land, or other natural resources of
the state;
(3) the history of past violations, including the
similarity of the most recent violation and the violation to be
penalized, the time elapsed since the last violation, the number
of previous violations, and the response of the person to the
most recent violation identified;
(4) the economic benefit gained by the person by allowing
or committing the violation; and
(5) other factors as justice may require, if the
commissioner specifically identifies the additional factors in
the commissioner's order.
Sec. 52. Minnesota Statutes 1998, section 239.761,
subdivision 13, is amended to read:
Subd. 13. [E85.] A blend of ethanol and gasoline,
containing at least 60 percent ethanol and not more than 85
percent ethanol, produced for use as a motor fuel in alternative
fuel vehicles as defined in section 296.01 296A.01, subdivision
5, must comply with ASTM specification D 5798-96.
Sec. 53. Minnesota Statutes 1998, section 239.761,
subdivision 14, is amended to read:
Subd. 14. [M85.] A blend of methanol and gasoline,
containing at least 85 percent methanol, produced for use as a
motor fuel in alternative fuel vehicles as defined in section
296.01 296A.01, subdivision 5, must comply with ASTM
specification D 5797-96.
Sec. 54. Minnesota Statutes 1998, section 245.462,
subdivision 4, is amended to read:
Subd. 4. [CASE MANAGER.] (a) "Case manager" means an
individual employed by the county or other entity authorized by
the county board to provide case management services specified
in section 245.4711. A case manager must have a bachelor's
degree in one of the behavioral sciences or related fields from
an accredited college or university and have at least 2,000
hours of supervised experience in the delivery of services to
adults with mental illness, must be skilled in the process of
identifying and assessing a wide range of client needs, and must
be knowledgeable about local community resources and how to use
those resources for the benefit of the client. The case manager
shall meet in person with a mental health professional at least
once each month to obtain clinical supervision of the case
manager's activities. Case managers with a bachelor's degree
but without 2,000 hours of supervised experience in the delivery
of services to adults with mental illness must complete 40 hours
of training approved by the commissioner of human services in
case management skills and in the characteristics and needs of
adults with serious and persistent mental illness and must
receive clinical supervision regarding individual service
delivery from a mental health professional at least once each
week until the requirement of 2,000 hours of supervised
experience is met. Clinical supervision must be documented in
the client record.
Until June 30, 1999, an immigrant who does not have the
qualifications specified in this subdivision may provide case
management services to adult immigrants with serious and
persistent mental illness who are members of the same ethnic
group as the case manager if the person: (1) is actively
pursuing credits toward the completion of a bachelor's degree in
one of the behavioral sciences or a related field from an
accredited college or university; (2) completes 40 hours of
training as specified in this subdivision; and (3) receives
clinical supervision at least once a week until the requirements
of this subdivision are met.
(b) The commissioner may approve waivers submitted by
counties to allow case managers without a bachelor's degree but
with 6,000 hours of supervised experience in the delivery of
services to adults with mental illness if the person:
(1) meets the qualifications for a mental health
practitioner in subdivision 26 17;
(2) has completed 40 hours of training approved by the
commissioner in case management skills and in the
characteristics and needs of adults with serious and persistent
mental illness; and
(3) demonstrates that the 6,000 hours of supervised
experience are in identifying functional needs of persons with
mental illness, coordinating assessment information and making
referrals to appropriate service providers, coordinating a
variety of services to support and treat persons with mental
illness, and monitoring to ensure appropriate provision of
services. The county board is responsible to verify that all
qualifications, including content of supervised experience, have
been met.
Sec. 55. Minnesota Statutes 1998, section 245.462,
subdivision 7, is amended to read:
Subd. 7. [COUNTY BOARD.] "County board" means the county
board of commissioners or board established pursuant to the
Joint Powers Act, section 471.59, or the Human Services board
Act, sections 402.01 to 402.10.
Sec. 56. Minnesota Statutes 1998, section 245.466,
subdivision 4, is amended to read:
Subd. 4. [JOINT COUNTY MENTAL HEALTH AGREEMENTS.] In order
to provide efficiently the services required by sections 245.461
to 245.486, counties are encouraged to join with one or more
county boards to establish a multicounty local mental health
authority pursuant to the Joint Powers Act, section 471.59, the
Human Services board Act, sections 402.01 to 402.10, community
mental health center provisions, section 245.62, or enter into
multicounty mental health agreements. Participating county
boards shall establish acceptable ways of apportioning the cost
of the services.
Sec. 57. Minnesota Statutes 1998, section 245.4871,
subdivision 9, is amended to read:
Subd. 9. [COUNTY BOARD.] "County board" means the county
board of commissioners or board established under the Joint
Powers Act, section 471.59, or the Human Services board Act,
sections 402.01 to 402.10.
Sec. 58. Minnesota Statutes 1998, section 245.4875,
subdivision 4, is amended to read:
Subd. 4. [JOINT COUNTY MENTAL HEALTH AGREEMENTS.] To
efficiently provide the children's mental health services
required by sections 245.487 to 245.4888, counties are
encouraged to join with one or more county boards to establish a
multicounty local children's mental health authority under the
Joint Powers Act, section 471.59, the Human Services board Act,
sections 402.01 to 402.10, community mental health center
provisions, section 245.62, or enter into multicounty mental
health agreements. Participating county boards shall establish
acceptable ways of apportioning the cost of the services.
Sec. 59. Minnesota Statutes 1998, section 256J.45,
subdivision 2, is amended to read:
Subd. 2. [GENERAL INFORMATION.] The MFIP-S orientation
must consist of a presentation that informs caregivers of:
(1) the necessity to obtain immediate employment;
(2) the work incentives under MFIP-S;
(3) the requirement to comply with the employment plan and
other requirements of the employment and training services
component of MFIP-S, including a description of the range of
work and training activities that are allowable under MFIP-S to
meet the individual needs of participants;
(4) the consequences for failing to comply with the
employment plan and other program requirements, and that the
county agency may not impose a sanction when failure to comply
is due to the unavailability of child care or other
circumstances where the participant has good cause under
subdivision 3;
(5) the rights, responsibilities, and obligations of
participants;
(6) the types and locations of child care services
available through the county agency;
(7) the availability and the benefits of the early
childhood health and developmental screening under sections
121A.16 to 121A.19; 123B.02, subdivision 16; and 123B.10; and
126.65.;
(8) the caregiver's eligibility for transition year child
care assistance under section 119B.05;
(9) the caregiver's eligibility for extended medical
assistance when the caregiver loses eligibility for MFIP-S due
to increased earnings or increased child or spousal support;
(10) the caregiver's option to choose an employment and
training provider and information about each provider, including
but not limited to, services offered, program components, job
placement rates, job placement wages, and job retention rates;
(11) the caregiver's option to request approval of an
education and training plan according to section 256J.52; and
(12) the work study programs available under the higher
education system.
Sec. 60. Minnesota Statutes 1998, section 257.45, is
amended to read:
257.45 [REQUIREMENTS FOR VISITATION; SUPERVISION.]
Any requirements for visitation, inspection or supervision
of children, homes, institutions or other agencies in another
party state which may apply under section 257.07 257.071 shall
be deemed to be met if performed pursuant to an agreement
entered into by appropriate officers or agencies of this state
or a subdivision thereof as contemplated by paragraph (b) of
article 5 of the Interstate Compact on the Placement of Children.
Sec. 61. Minnesota Statutes 1998, section 257.74,
subdivision 2, is amended to read:
Subd. 2. If a mother relinquishes or proposes to
relinquish for adoption a child who does not have
(a) a presumed father under section 257.55, subdivision 1,
(b) a father whose relationship to the child has been
determined by a court, or
(c) a father as to whom the child is a legitimate child
under prior law of this state or under the law of another
jurisdiction, notice of the adoption proceeding shall be given
as required by sections section 259.49 and 259.51.
Sec. 62. Minnesota Statutes 1998, section 268.9165, is
amended to read:
268.9165 [AUTHORITY TO WAIVE REQUIREMENTS DURING DISASTER
PERIODS.]
The commissioner of children, families, and learning may
waive requirements under sections 119A.50 to 119A.54 119A.53,
for up to nine months after the disaster, for Head Start
grantees in areas where a federal disaster has been declared
under United States Code, title 42, section 5121, et seq., or
the governor has exercised authority under chapter 12. The
commissioner shall notify the chairs of the senate family and
early childhood education budget division, the senate education
finance committee, the house family and early childhood
education finance division, the house education committee, and
the house ways and means committee ten days before the effective
date of any waiver granted under this section.
Sec. 63. Minnesota Statutes 1998, section 287.09, is
amended to read:
287.09 [MORTGAGE ON EXEMPT PROPERTY; PROPERTY NOT DIRECTLY
TAXED; RECEIPT; APPORTIONMENT OF TAX.]
When real estate described in a mortgage is exempt from
taxation under the Constitution of the state of Minnesota,
article X, section 1, the mortgage registry tax shall be paid to
the treasurer of the county in which the real estate is located
in the same manner as if the real estate were not exempt from
taxation. When any real estate described in a mortgage is not
exempt from taxation under that section, but is not taxed by
direct tax upon the net tax capacity thereof, the mortgage
registry tax shall be paid to the county; this sentence does not
apply to real estate taxed under sections 298.23 298.24 to
298.28.
Sec. 64. Minnesota Statutes 1998, section 307.08,
subdivision 2, is amended to read:
Subd. 2. A person who intentionally, willfully, and
knowingly destroys, mutilates, injures, disturbs, or removes
human skeletal remains or human burial grounds, is guilty of a
felony. A person who intentionally, willfully, or knowingly
removes any tombstone, monument, or structure placed in any
public or private cemetery or unmarked human burial ground, or
any fence, railing, or other work erected for protection or
ornament, or any tree, shrub, or plant or grave goods and
artifacts within the limits of the cemetery or burial ground,
and a person who, without authority from the trustees, state
archaeologist, or Indian affairs intertribal board council,
discharges any firearms upon or over the grounds of any public
or private cemetery or authenticated and identified Indian
burial ground, is guilty of a gross misdemeanor.
Sec. 65. Minnesota Statutes 1998, section 307.08,
subdivision 8, is amended to read:
Subd. 8. No authenticated and identified Indian burial
ground may be relocated unless the request to relocate is
approved by the Indian affairs intertribal board council. When
the Indian burial ground is located on public lands or waters,
the cost of removal is the responsibility of and shall be paid
by the state or political subdivision controlling the lands or
waters. If large Indian burial grounds are involved, efforts
shall be made by the state to purchase and protect them instead
of removing them to another location.
Sec. 66. Minnesota Statutes 1998, section 307.08,
subdivision 9, is amended to read:
Subd. 9. The department of natural resources, the
department of transportation, and all other state agencies and
local governmental units whose activities may be affected, shall
cooperate with the state archaeologist and the Indian affairs
intertribal board council to carry out the provisions of this
section.
Sec. 67. Minnesota Statutes 1998, section 307.08,
subdivision 10, is amended to read:
Subd. 10. When Indian burials are known or suspected to
exist, on public lands or waters, the state or political
subdivision controlling the lands or waters shall submit
construction and development plans to the state archaeologist
and the Indian affairs intertribal board council for review
prior to the time bids are advertised. The state archaeologist
and the Indian affairs intertribal board council shall promptly
review the plans and make recommendations for the preservation
or removal of the human burials or remains, which may be
endangered by construction or development activities.
Sec. 68. Minnesota Statutes 1998, section 340A.3021,
subdivision 2, is amended to read:
Subd. 2. [EXCEPTIONS.] Subdivision 1 does not apply to:
(1) alcoholic beverages passing through Minnesota in
interstate commerce;
(2) alcoholic beverages imported into Minnesota by
individuals for personal use in the amounts permitted under
section 297C.09 297G.07, subdivision 2, or 340A.417; and
(3) a holder of a manufacturer's warehouse permit.
Sec. 69. Minnesota Statutes 1998, section 446A.01, is
amended to read:
446A.01 [MINNESOTA PUBLIC FACILITIES AUTHORITY ACT.]
Sections 446A.01 to 446A.09 This chapter may be cited as
the "Minnesota Public Facilities Authority Act."
Sec. 70. Minnesota Statutes 1998, section 446A.04,
subdivision 7, is amended to read:
Subd. 7. [IN GENERAL.] The authority has all the powers
necessary and convenient to carry out its duties under sections
446A.05, subdivision 1, 446A.051, and 446A.12 to 446A.20 this
chapter.
Sec. 71. Minnesota Statutes 1998, section 462A.21,
subdivision 19, is amended to read:
Subd. 19. [MENTAL ILLNESS CRISIS HOUSING ASSISTANCE.] The
agency may spend money for the purpose of section 462A.208 and
may pay the costs and expenses necessary and incidental to the
development and operation of the program authorized in
section 462A.207 462A.208.
Sec. 72. Minnesota Statutes 1998, 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 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 or 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. 73. Minnesota Statutes 1998, section 480.09,
subdivision 1, is amended to read:
Subdivision 1. The state library shall be maintained in
the capitol and shall be under the supervision of the justices
of the supreme court. Notwithstanding chapter 16C or any other
act inconsistent herewith or acts amendatory thereof or
supplementary thereto, they shall direct the purchases of books,
pamphlets, and documents therefor and the sales and exchanges
therefrom upon such terms and conditions as they may deem just
and proper. They may authorize the transfer of books and
documents to the University of Minnesota or any department
thereof, or to any state agency. They shall adopt rules for the
government of the library and the management of its affairs, and
prescribe penalties for the violation thereof.
Sec. 74. Minnesota Statutes 1998, section 481.02,
subdivision 2, is amended to read:
Subd. 2. [CORPORATIONS.] No corporation, organized for
pecuniary profit, except an attorney's professional corporation
organized under chapter 319A or professional firm organized
under chapter 319B, by or through its officers or employees or
any one else, shall maintain, conduct, or defend, except in its
own behalf when a party litigant, any action or proceeding in
any court in this state, or shall, by or through its officers or
employees or any one else, give or assume to give legal advice
or counsel or perform for or furnish to another person or
corporation legal services; or shall, by word, sign, letter, or
advertisement, solicit the public or any person to permit it to
prepare, or cause to be prepared, any will or testamentary
disposition or instrument of trust serving purposes similar to
those of a will, or hold itself out as desiring or willing to
prepare any such document, or to give legal advice or legal
services relating thereto or to give general legal advice or
counsel, or to act as attorney at law or as supplying, or being
in a position to supply, the services of a lawyer or lawyers; or
shall to any extent engage in, or hold itself out as being
engaged in, the business of supplying services of a lawyer or
lawyers; or shall cause to be prepared any person's will or
testamentary disposition or instrument of trust serving purposes
similar to those of a will, or any other legal document, for
another person, firm, or corporation, and receive, directly or
indirectly, all or a part of the charges for such preparation or
any benefits therefrom; or shall itself prepare, directly or
through another, any such document for another person, firm, or
corporation, except as provided in subdivision 3.
Sec. 75. Minnesota Statutes 1998, section 500.245,
subdivision 1, is amended to read:
Subdivision 1. [DISPOSAL OF LAND.] (a) A state or federal
agency, limited partnership, or a corporation may not lease or
sell agricultural land or a farm homestead before offering or
making a good faith effort to offer the land for sale or lease
to the immediately preceding former owner at a price no higher
than the highest price offered by a third party that is
acceptable to the seller or lessor. The offer must be made on
the notice to offer form under subdivision 2. The requirements
of this subdivision do not apply to a sale or lease by a
corporation that is a family farm corporation or an authorized
farm corporation or to a sale or lease by the commissioner of
agriculture of property acquired by the state under the family
farm security program under chapter 41. This subdivision
applies only to a sale or lease when the seller or lessor
acquired the property by enforcing a debt against the
agricultural land or farm homestead, including foreclosure of a
mortgage, accepting a deed in lieu of foreclosure, terminating a
contract for deed, or accepting a deed in lieu of terminating a
contract for deed. Selling or leasing property to a third party
at a price is prima facie evidence that the price is acceptable
to the seller or lessor. The seller must provide written notice
to the immediately preceding former owner that the agricultural
land or farm homestead will be offered for sale at least 14 days
before the agricultural land or farm homestead is offered for
sale.
(b) An immediately preceding former owner is the entity
with record legal title to the agricultural land or farm
homestead before acquisition by the state or federal agency or
corporation except: if the immediately preceding former owner
is a bankruptcy estate, the debtor in bankruptcy is the
immediately preceding former owner; and if the agricultural land
or farm homestead was acquired by termination of a contract for
deed or deed in lieu of termination of a contract for deed, the
immediately preceding former owner is the purchaser under the
contract for deed. For purposes of this subdivision, only a
family farm, family farm corporation, or family farm partnership
can be an immediately preceding former owner.
(c) An immediately preceding former owner may elect to
purchase or lease the entire property or an agreed to portion of
the property. If the immediately preceding former owner elects
to purchase or lease a portion of the property, the election
must be reported in writing to the seller or lessor prior to the
time the property is first offered for sale or lease. If
election is made to purchase or lease a portion of the property,
the portion must be contiguous and compact so that it does not
unreasonably reduce access to or the value of the remaining
property.
(d) For purposes of this subdivision, the term "a price no
higher than the highest price offered by a third party" means
the acceptable cash price offered by a third party or the
acceptable time-price offer made by a third party. A cash price
offer is one that involves simultaneous transfer of title for
payment of the entire amount of the offer. If the acceptable
offer made by a third party is a time-price offer, the seller or
lessor must make the same time-price offer or an equivalent cash
offer to the immediately preceding former owner. An equivalent
cash offer is equal to the total of the payments made over a
period of the time-price offer discounted by yield curve of the
United States treasury notes and bonds of similar maturity on
the first business day of the month in which the offer is
personally delivered or mailed for time periods similar to the
time period covered by the time-price offer, plus 2.0 percent.
A time-price offer is an offer that is financed entirely or
partially by the seller and includes an offer to purchase under
a contract for deed or mortgage. An equivalent cash offer is
not required to be made if the state participates in an offer to
a third party through the rural finance authority.
(e) This subdivision applies to a seller when the property
is sold and to a lessor each time the property is leased, for
the time period specified in section 500.24, subdivision 3 2,
paragraph (i) (v), after the agricultural land is acquired
except:
(1) an offer to lease to the immediately preceding former
owner is required only until the immediately preceding owner
fails to accept an offer to lease the property or the property
is sold;
(2) an offer to sell to the immediately preceding former
owner is required until the property is sold; and
(3) if the immediately preceding former owner elects to
lease or purchase a portion of the property, this subdivision
does not apply to the seller with regard to the balance of the
property after the election is made under paragraph (c).
(f) The notice of an offer under subdivision 2 that is
personally delivered with a signed receipt or sent by certified
mail with a receipt of mailing to the immediately preceding
former owner's last known address is a good faith offer.
(g) This subdivision does not apply to a sale or lease that
occurs after the seller or lessor has held the property for the
time period specified in section 500.24, subdivision 3 2,
paragraph (i) (v).
(h) For purposes of this subdivision, if the immediately
preceding former owner is a bankruptcy estate the debtor in the
bankruptcy is the immediately preceding owner.
(i) The immediately preceding former owner must exercise
the right to lease all or a portion of the agricultural land or
a homestead located on agricultural land in writing within 15
days after an offer to lease under this subdivision is mailed
with a receipt of mailing or personally delivered. If election
is made to lease only the homestead or a portion of the
agricultural land, the portion to be leased must be clearly
identified in writing. The immediately preceding former owner
must exercise the right to buy the agricultural land, a portion
of the agricultural land, or a farm homestead located on
agricultural land, in writing, within 65 days after an offer to
buy under this subdivision is mailed with a receipt of mailing
or is personally delivered. Within ten days after exercising
the right to lease or buy by accepting the offer, the
immediately preceding owner must fully perform according to the
terms of the offer including paying the amounts due. A seller
may sell and a lessor may lease the agricultural land or farm
homestead subject to this subdivision to the third party in
accordance with their lease or purchase agreement if:
(1) the immediately preceding former owner does not accept
an offer to lease or buy before the offer terminates; or
(2) the immediately preceding former owner does not perform
the obligations of the offer, including paying the amounts due,
within ten days after accepting the offer.
(j) A certificate indicating whether or not the property
contains agricultural land or a farm homestead that is signed by
the county assessor where the property is located and recorded
in the office of the county recorder or the registrar of titles
where the property is located is prima facie evidence of whether
the property is agricultural land or a farm homestead.
(k) As prima facie evidence that an offer to sell or lease
agricultural land or a farm homestead has terminated, a receipt
of mailing the notice under subdivision 2 and an affidavit,
signed by a person authorized to act on behalf of a state,
federal agency, or corporation selling or leasing the
agricultural land or a farm homestead may be filed in the office
of the county recorder or registrar of titles of the county
where the agricultural land or farm homestead is located. The
affidavit must state that:
(1) notice of an offer to buy or lease the agricultural
land or farm homestead was provided to the immediately preceding
former owner at a price not higher than the highest price
offered by a third party that is acceptable;
(2) the time during which the immediately preceding former
owner is required to exercise the right to buy or lease the
agricultural land or farm homestead has expired;
(3) the immediately preceding former owner has not
exercised the right to buy or lease the agricultural land or
farm homestead as provided in this subdivision or has accepted
an offer and has not fully performed according to the terms of
the offer; and
(4) the offer to the immediately preceding former owner has
terminated.
(l) The right of an immediately preceding former owner to
receive an offer to lease or purchase agricultural land under
this subdivision or to lease or purchase at a price no higher
than the highest price offered by a third party that is
acceptable to the seller or lessor may be extinguished or
limited by an express statement signed by the immediately
preceding owner that complies with the plain language
requirements of section 325G.31. The right may not be
extinguished or limited except by:
(1) an express statement in a deed in lieu of foreclosure
of the agricultural land;
(2) an express statement in a deed in lieu of a termination
of a contract for deed for the agricultural land;
(3) an express statement conveying the right to the state
or federal agency or corporation owning the agricultural land
that is required to make an offer under this subdivision;
however, the preceding former owner may rescind the conveyance
by notifying the state or federal agency or corporation in
writing within 20 calendar days after signing the express
statement;
(4) to cure a title defect, an express statement conveying
the right may be made to a person to whom the agricultural land
has been transferred by the state or federal agency or
corporation; or
(5) an express statement conveying the right to a contract
for deed vendee to whom the agricultural land or farm homestead
was sold under a contract for deed by the immediately preceding
former owner if the express statement and the contract for deed
are recorded.
(m) The right of an immediately preceding former owner to
receive an offer to lease or purchase agricultural land under
this subdivision may not be assigned or transferred except as
provided in paragraph (l), but may be inherited.
(n) An immediately preceding former owner, except a former
owner who is actively engaged in farming as defined in section
500.24, subdivision 2, paragraph (a), and who agrees to remain
actively engaged in farming on a portion of the agricultural
land or farm homestead for at least one year after accepting an
offer under this subdivision, may not sell agricultural land
acquired by accepting an offer under this subdivision if the
arrangement of the sale was negotiated or agreed to prior to the
former owner accepting the offer under this subdivision. A
person who sells property in violation of this paragraph is
liable for damages plus reasonable attorney fees to a person who
is damaged by a sale in violation of this paragraph. There is a
rebuttable presumption that a sale by an immediately preceding
former owner is in violation of this paragraph if the sale takes
place within 270 days of the former owner accepting the offer
under this subdivision. This paragraph does not apply to a sale
by an immediately preceding former owner to the owner's spouse,
the owner's parents, the owner's sisters and brothers, the
owner's spouse's sisters and brothers, or the owner's children.
Sec. 76. Minnesota Statutes 1998, section 518.5511,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] (a) An administrative process is
established to obtain, modify, and enforce child and medical
support orders and parentage orders and enforce maintenance if
combined with a child support proceeding. All laws governing
these actions apply insofar as they are not inconsistent with
the provisions of this section and section 518.5512. Wherever
other laws or rules are inconsistent with this section and
section 518.5512, the provisions in this section and section
518.5512 shall apply.
(b) All proceedings for obtaining, modifying, or enforcing
child and medical support orders and enforcing maintenance
orders if combined with a child support proceeding, are required
to be conducted in the administrative process when the public
authority is a party or provides services to a party or parties
to the proceedings. Cases in which there is no assignment of
support or in which the public authority is not providing
services may not be conducted in the administrative process. At
county option, the administrative process may include contempt
motions or actions to establish parentage. Nothing contained
herein shall prevent a party, upon timely notice to the public
authority, from commencing an action or bringing a motion for
the establishment, modification, or enforcement of child support
or enforcement of maintenance orders if combined with a child
support proceeding in district court, if additional issues
involving domestic abuse, establishment or modification of
custody or visitation, property issues, or other issues outside
the jurisdiction of the administrative process, are part of the
motion or action, or from proceeding with a motion or action
brought by another party containing one or more of these issues
if it is pending in district court.
(c) A party may make a written request to the public
authority to initiate an uncontested administrative proceeding.
The initiating party may serve a copy of the written request on
the noninitiating party in accordance with the rules of civil
procedure. If the public authority denies the request, the
public authority shall issue a notice of denial which denies the
request for relief within 30 days of receiving the written
request, states the reasons for the denial, and notifies the
party of the right to proceed directly to a hearing before an
administrative law judge according to subdivision 3a. If the
party proceeds directly to a hearing and files the requisite
documents with the court administrator within 30 days after the
public authority's denial and the party's action results in a
modification of a child support order, the modification may be
retroactive to the date the written request was served on the
noninitiating party. If the initiating party did not serve the
written request on the noninitiating party, modification may be
made retroactive as provided in section 518.64, subdivision 2,
paragraph (d). If the public authority accepts the request and
proceeds with the uncontested administrative process, any order
or modification may be retroactive to the date the written
request was served on the noninitiating party. If the
initiating party did not serve the written request on the
noninitiating party, an order or modification may be made
retroactive to the date the public authority serves the proposed
order on the noninitiating party as provided in subdivision 2,
paragraph (a).
(d) The public authority may initiate actions in the
administrative process.
(e) For the purpose of the administrative process, all
powers, duties, and responsibilities conferred on judges of
district court to obtain and enforce child and medical support
and parentage and maintenance obligations, subject to the
limitations of this section are conferred on administrative law
judges, including the power to determine controlling interstate
orders, and to issue subpoenas, orders to show cause, and bench
warrants for failure to appear.
The administrative law judge has the authority to enter
parentage orders in which the custody and visitation provisions
are uncontested.
(f) Nonattorney employees of the public authority
responsible for child support may prepare, sign, serve, and file
complaints, motions, notices, summary notices, proposed orders,
default orders, consent orders, orders for blood or genetic
tests, and other documents related to the administrative process
for obtaining, modifying, or enforcing child and medical support
orders, orders establishing paternity, and related documents,
and orders to enforce maintenance if combined with a child
support order. The nonattorney employee may issue
administrative subpoenas, conduct prehearing conferences, and
participate in proceedings before an administrative law judge.
This activity shall not be considered to be the unauthorized
practice of law. Nonattorney employees may not represent the
interests of any party other than the public authority, and may
not give legal advice. The nonattorney employees may act
subject to the limitations of section 518.5512.
(g) Any party may make a written request to the office of
administrative hearings for a subpoena compelling the attendance
of a witness or the production of books, papers, records, or
other documents relevant to the administrative process.
Subpoenas are enforceable through the district court. The
public authority may also request a subpoena from the office of
administrative hearings for the production of a witness or
documents. The nonattorney employee of the public authority may
issue subpoenas subject to the limitations in section 518.5512,
subdivision 6 5, paragraph (a), clause (2).
(h) At all stages of the administrative process, the county
attorney, or other attorney under contract, shall act as the
legal adviser for the public authority.
(i) The commissioner of human services shall:
(1) provide training to child support officers and other
persons involved in the administrative process;
(2) timely prepare and make available to the public
authority forms for all notices and orders prescribed in
subdivisions 2 and 3; and
(3) distribute money to cover the costs of the
administrative process, including the salaries of administrative
law judges. If available appropriations are insufficient to
cover the costs, the commissioner shall prorate the amount among
the counties.
(j) The commissioner of human services, in consultation
with the office of administrative hearings, is responsible for
the supervision of the administrative process.
(k) The public authority, the office of administrative
hearings, court administrators, and other entities involved in
the administrative process shall use the forms prepared by the
commissioner for use in the uncontested administrative process.
(l) The office of administrative hearings may reject orders
submitted by the public authority under subdivisions 2 and 3 if
they are not prepared using forms developed or approved by the
commissioner.
(m) The office of administrative hearings shall:
(1) train and monitor the performance of administrative law
judges, maintain records of proceedings, provide transcripts
upon request, and maintain the integrity of the district court
file; and
(2) prepare and make available to court administrators and
the public authority forms that conform with requirements of the
rules of court that may be used by parties who proceed directly
to hearing under subdivision 3a.
Sec. 77. Minnesota Statutes 1998, section 518.6111,
subdivision 5, is amended to read:
Subd. 5. [PAYOR OF FUNDS RESPONSIBILITIES.] (a) An order
for or notice of withholding is binding on a payor of funds upon
receipt. Withholding must begin no later than the first pay
period that occurs after 14 days following the date of receipt
of the order for or notice of withholding. In the case of a
financial institution, preauthorized transfers must occur in
accordance with a court-ordered payment schedule.
(b) A payor of funds shall withhold from the income payable
to the obligor the amount specified in the order or notice of
withholding and amounts specified under subdivisions 6 and 9 and
shall remit the amounts withheld to the public authority within
seven business days of the date the obligor is paid the
remainder of the income. The payor of funds shall include with
the remittance the social security number of the obligor, the
case type indicator as provided by the public authority and the
date the obligor is paid the remainder of the income. The
obligor is considered to have paid the amount withheld as of the
date the obligor received the remainder of the income. A payor
of funds may combine all amounts withheld from one pay period
into one payment to each public authority, but shall separately
identify each obligor making payment.
(c) A payor of funds shall not discharge, or refuse to
hire, or otherwise discipline an employee as a result of wage or
salary withholding authorized by this section. A payor of funds
shall be liable to the obligee for any amounts required to be
withheld. A payor of funds that fails to withhold or transfer
funds in accordance with this section is also liable to the
obligee for interest on the funds at the rate applicable to
judgments under section 549.09, computed from the date the funds
were required to be withheld or transferred. A payor of funds
is liable for reasonable attorney fees of the obligee or public
authority incurred in enforcing the liability under this
paragraph. A payor of funds that has failed to comply with the
requirements of this section is subject to contempt sanctions
under section 518.615. If the payor of funds is an employer or
independent contractor and violates this subdivision, a court
may award the obligor twice the wages lost as a result of this
violation. If a court finds a payor of funds violated this
subdivision, the court shall impose a civil fine of not less
than $500.
(d) If a single employee is subject to multiple withholding
orders or multiple notices of withholding for the support of
more than one child, the payor of funds shall comply with all of
the orders or notices to the extent that the total amount
withheld from the obligor's income does not exceed the limits
imposed under the Consumer Credit Protection Act, Chapter 15 of
the United States Code, title 15, section 1637(b) 1673(b),
giving priority to amounts designated in each order or notice as
current support as follows:
(1) if the total of the amounts designated in the orders
for or notices of withholding as current support exceeds the
amount available for income withholding, the payor of funds
shall allocate to each order or notice an amount for current
support equal to the amount designated in that order or notice
as current support, divided by the total of the amounts
designated in the orders or notices as current support,
multiplied by the amount of the income available for income
withholding; and
(2) if the total of the amounts designated in the orders
for or notices of withholding as current support does not exceed
the amount available for income withholding, the payor of funds
shall pay the amounts designated as current support, and shall
allocate to each order or notice an amount for past due support,
equal to the amount designated in that order or notice as past
due support, divided by the total of the amounts designated in
the orders or notices as past due support, multiplied by the
amount of income remaining available for income withholding
after the payment of current support.
(e) When an order for or notice of withholding is in effect
and the obligor's employment is terminated, the obligor and the
payor of funds shall notify the public authority of the
termination within ten days of the termination date. The
termination notice shall include the obligor's home address and
the name and address of the obligor's new payor of funds, if
known.
(f) A payor of funds may deduct one dollar from the
obligor's remaining salary for each payment made pursuant to an
order for or notice of withholding under this section to cover
the expenses of withholding.
Sec. 78. Minnesota Statutes 1998, section 609.26, is
amended by adding a subdivision to read:
Subd. 2a. [ORIGINAL INTENT CLARIFIED.] To the extent that
it states that subdivision 2 creates affirmative defenses to a
charge under this section, subdivision 2 clarifies the original
intent of the legislature in enacting Laws 1984, chapter 484,
section 2, and does not change the substance of this section.
Subdivision 2 does not modify or alter any convictions entered
under this section before August 1, 1988.
Sec. 79. Laws 1994, chapter 560, article 2, section 15, is
amended to read:
Subd. 4. [PLANS NOT ESTABLISHED BUT APPROVED BY
COMMISSIONER.] (a) Notwithstanding any other law to the
contrary, terms and conditions of employment for employees
listed in this subdivision must be set by appointing authorities
within the limits of compensation plans that have been approved
by the commissioner before becoming effective. Compensation
plans established under paragraphs (c), (d), (e), and (f) must
be reviewed and approved, modified, or rejected by the
legislature and the legislative commission on employee relations
under section 3.855, subdivision 2, before becoming effective.
(b) Total compensation for employees who are not covered by
a collective bargaining agreement in the offices of the
governor, lieutenant governor, attorney general, secretary of
state, state auditor, and state treasurer must be determined by
the governor, lieutenant governor, attorney general, secretary
of state, state auditor, and state treasurer, respectively.
(c) Total compensation for unclassified positions under
section 43A.08, subdivision 1, clause (9), in the state
universities and the community colleges not covered by a
collective bargaining agreement must be determined by the state
university board and the state board for community colleges,
respectively.
(d) Total compensation for classified administrative law
judges in the office of administrative hearings must be
determined by the chief administrative law judge.
(e) Total compensation for unclassified positions not
covered by a collective bargaining agreement in the higher
education coordinating board and in the state board of technical
colleges must be determined by the higher education coordinating
board and the state board of technical colleges, respectively.
(f) Total compensation for unclassified managerial
positions not covered by a collective bargaining agreement in
the higher education board must be determined by the higher
education board.
Sec. 80. Laws 1997, chapter 207, section 12, is amended to
read:
Sec. 12. [SALE OF STATE LANDS TO WILD RICE LESSEES.]
(a) Notwithstanding Minnesota Statutes, sections 84A.56,
89.021, 89.27, and 92.45, and the public sale provisions of
Minnesota Statutes, sections 94.10, 282.14, and 282.221, the
commissioner of natural resources may sell by private sale to
the wild rice lessees under leases authorized in Minnesota
Statutes, section 92.501, the acquired, consolidated
conservation and Volstead area lands described in paragraph (b)
under the remaining sale provisions in Minnesota Statutes,
sections 94.10 and 282.14 to 282.226. The affected counties
must approve the sales of the consolidated conservation and
Volstead area lands described in paragraph (b).
(b) The land that may be sold is described as:
(1) The Southeast Quarter of Section 10; that part of the
West Half of the Southwest Quarter of Section 11 lying westerly
of the west bank of the Tamarac River; the Southeast Quarter of
the Northwest Quarter and that part of the Northeast Quarter
lying westerly of the west bank of the Tamarac River of Section
15; the Northwest Quarter of the Northwest Quarter and the West
160 feet of the Northeast Quarter of the Northwest Quarter of
Section 16, Township 154 North, Range 30 West, Beltrami county,
Minnesota;
(2) The Northwest Quarter of the Southwest Quarter, Section
11, Township 152 North, Range 32 West, Beltrami county,
Minnesota;
(3) The North Half of the Southwest Quarter, the North Half
of the Southwest Quarter of the Southwest Quarter, and the North
Half of the Northwest Quarter of the Southeast Quarter of
Section 14, Township 152 North, Range 32 West; the Northeast
Quarter of the Southwest Quarter of Section 19, Township 155
North, Range 31 West; and Government Lot 1, the East 330 feet of
Government Lot 2, and the North 330 feet of Government Lot 6,
Section 25, Township 155 North, Range 32 West, Beltrami county,
Minnesota;
(4) The South 330 feet of Government Lot 4 and the south
330 feet of the Southeast Quarter of the Southwest Quarter of
Section 18; Government Lots 1, 2, 3 and 4, the East Half of the
Northwest Quarter, the East Half of the Southwest Quarter, the
Southwest Quarter of the Southeast Quarter, the West 200 feet of
the Southeast Quarter of the Southeast Quarter; and the West 900
feet of the South 700 feet of the Northwest Quarter of the
Southeast Quarter of Section 19; and the North Half of the
Northeast Quarter of Section 30, Township 154 North, Range 29
West, Koochiching county, Minnesota;
(5) The Northwest Quarter of the Northeast Quarter and the
North 330 feet of the Southwest Quarter of the Northeast Quarter
of Section 22, Township 150 North, Range 39 West, Polk county,
Minnesota;
(6) The Southeast Quarter of the Northwest Quarter; that
part of the Southwest Quarter of the Northwest Quarter lying
east of County Road No. 24; that part of the Northwest Quarter
of the Northwest Quarter lying south of the south bank of State
Ditch No. 63 and east of County Road No. 24; and that part of
the North Half of the Northeast Quarter and the Northeast
Quarter of the Northwest Quarter lying south of the south bank
of State Ditch No. 63; all in Section 27, Township 48 North,
Range 27 West, Aitkin county, Minnesota;
(7) The Northeast Quarter of Section 35, Township 48 North,
Range 27 West, Aitkin county, Minnesota;
(8) The Northwest Quarter of the Northeast Quarter of
Section 8, Township 48 North, Range 26 West, Aitkin county,
Minnesota;
(9) The West Half of the Northeast Quarter, the Southeast
Quarter of the Northeast Quarter, and the South 660 feet of the
Northeast Quarter of the Northeast Quarter of Section 10; and
the West 330 feet of the Southwest Quarter of the Northwest
Quarter of Section 11; Township 154 North, Range 30 West,
Beltrami county, Minnesota;
(10) The South 660 feet of the Northwest Quarter of the
Northwest Quarter, the South 660 feet of the West 660 feet of
the Northeast Quarter of the Northwest Quarter, the North 660
feet of the West 660 feet of the Southeast Quarter of the
Northwest Quarter, and the South Half of the Northeast Quarter
of the Southwest Quarter of Section 21, Township 154 North,
Range 30 West, Beltrami county, Minnesota; and
(11) The Northeast Quarter of the Northwest Quarter,
Section 11, Township 153 North, Range 31 West, Beltrami county,
Minnesota.
(c) The conveyances shall be in a form approved by the
attorney general. In determining the value of the described
lands, no improvements paid for by the lessee shall be added to
the value of the land. The purchaser of the land described in
paragraph (b), clause (5), may not alter the existing
groundwater hydrology, and may alter the surface water hydrology
from the current operation only with the approval of the
commissioner.
Sec. 81. [ACTS VALIDATED.]
Acts by the White Bear Lake conservation district board
before the effective date of this section are not invalid on
account of irregularities, or omissions if any, in the approval,
or filing of the approval, of Laws 1977, chapter 322, sections 2
and 3, amending law coded as Minnesota Statutes, sections
103B.661, subdivision 1, and 103B.665, subdivision 1. This
section and those amendments are effective without local
approval the day after final enactment of this section.
Sec. 82. [INSTRUCTION TO REVISOR.]
The revisor of statutes shall change the terms "office of
adult release" or "officer of adult release" to "hearings and
release unit" or "officer of the hearings and release unit" as
appropriate, wherever it appears in Minnesota Statutes and
Minnesota Rules.
Sec. 83. [REPEALER.]
(a) Minnesota Statutes 1998, section 3.873, is repealed.
(b) Minnesota Statutes 1998, section 62J.47, is repealed.
(c) Minnesota Statutes 1998, section 115A.159, is repealed.
(d) Minnesota Statutes 1998, section 119A.28, subdivision
4, is repealed.
(e) Minnesota Statutes 1998, section 119A.31, subdivision
3, is repealed.
(f) Minnesota Statutes 1998, section 119A.54, is repealed.
(g) Minnesota Statutes 1998, section 218.011, subdivision
7, is repealed.
(h) Minnesota Statutes 1998, section 256.995, subdivision
7, is repealed.
(i) Minnesota Statutes 1998, section 323.02, subdivisions
10 and 11, are repealed effective January 1, 2002.
(j) Minnesota Statutes 1998, sections 383.01; 383.02;
383.03; 383.04; 383.05; 383.06; 383.07; 383.08; 383.09; 383.10;
383.11; and 383.12, are repealed.
(k) Minnesota Statutes 1998, sections 509.01; 509.02;
509.03; 509.04; 509.05; and 509.06, are repealed.
(l) Minnesota Statutes 1998, section 526.20, is repealed.
(m) Laws 1996, chapter 426, sections 1 and 2, are repealed.
(n) Laws 1998, chapter 388, section 16, is repealed.
(o) Laws 1998, chapter 404, section 49, is repealed.
(p) Laws 1998, chapter 407, article 2, section 97, is
repealed.
(q) Laws 1998, First Special Session chapter 1, article 3,
section 15, is repealed effective the day following final
enactment.
Sec. 84. [EFFECTIVE DATE.]
Section 11 is effective on the day following final
enactment.
ARTICLE 2
EXPIRED ADVISORY COMMITTEES
Section 1. Minnesota Statutes 1998, section 17.452,
subdivision 1, is amended to read:
Subdivision 1. [PROMOTION AND COORDINATION.] (a) The
commissioner shall promote the commercial raising of farmed
cervidae and shall coordinate programs and rules related to the
commercial raising of farmed cervidae. Farmed cervidae
research, projects, and demonstrations must be reported to the
commissioner before state appropriations for the research
projects or demonstrations are encumbered. The commissioner
shall maintain a data base of information on raising farmed
cervidae.
(b) The commissioner shall appoint a farmed cervidae
advisory committee to advise the commissioner on farmed cervidae
issues. The advisory committee shall consist of representatives
from the University of Minnesota, the commissioner of
agriculture, the board of animal health, the commissioner of
natural resources, the commissioner of trade and economic
development, a statewide elk breeders association, a statewide
deer breeders association, a statewide deer farmers association,
and members of the house of representatives and the senate. The
committee shall meet at least twice a year at the call of the
commissioner of agriculture.
Sec. 2. Minnesota Statutes 1998, section 124D.17,
subdivision 7, is amended to read:
Subd. 7. [ADVISORY COMMITTEES COMMITTEE.] The commissioner
shall establish a program advisory committee consisting of
persons knowledgeable in child development, child health, and
family services, who reflect the geographic, cultural, racial,
and ethnic diversity of the state; and representatives of the
commissioners of children, families, and learning, human
services, and health. This program advisory committee must
review grant applications, assist in distribution of the grants,
and monitor progress of the way to grow/school readiness
program. Each grantee must establish a program advisory board
of 12 or more members to advise the grantee on program design,
operation, and evaluation. The board must include
representatives of local units of government and representatives
of the project area who reflect the geographic, cultural,
racial, and ethnic diversity of that community.
Sec. 3. Minnesota Statutes 1998, section 245.825,
subdivision 1b, is amended to read:
Subd. 1b. [REVIEW AND APPROVAL.] Notwithstanding the
provisions of Minnesota Rules, parts 9525.2700 to 9525.2810, the
commissioner may designate the county case manager to authorize
the use of controlled procedures as defined in Minnesota Rules,
parts 9525.2710, subpart 9, and 9525.2740, subparts 1 and 2,
after review and approval by the interdisciplinary team and the
internal review committee as required in Minnesota Rules, part
9525.2750, subparts 1a and 2. Use of controlled procedures must
be reported to the commissioner in accordance with the
requirements of Minnesota Rules, part 9525.2750, subpart 2a.
The commissioner must provide all reports to the advisory
committee at least quarterly.
Sec. 4. Minnesota Statutes 1998, section 256B.0625,
subdivision 32, is amended to read:
Subd. 32. [NUTRITIONAL PRODUCTS.] (a) Medical assistance
covers nutritional products needed for nutritional
supplementation because solid food or nutrients thereof cannot
be properly absorbed by the body or needed for treatment of
phenylketonuria, hyperlysinemia, maple syrup urine disease, a
combined allergy to human milk, cow's milk, and soy formula, or
any other childhood or adult diseases, conditions, or disorders
identified by the commissioner as requiring a similarly
necessary nutritional product. Nutritional products needed for
the treatment of a combined allergy to human milk, cow's milk,
and soy formula require prior authorization. Separate payment
shall not be made for nutritional products for residents of
long-term care facilities. Payment for dietary requirements is
a component of the per diem rate paid to these facilities.
(b) The commissioner shall designate a nutritional
supplementation products advisory committee to advise the
commissioner on nutritional supplementation products for which
payment is made. The committee shall consist of nine members,
one of whom shall be a physician, one of whom shall be a
pharmacist, two of whom shall be registered dietitians, one of
whom shall be a public health nurse, one of whom shall be a
representative of a home health care agency, one of whom shall
be a provider of long-term care services, and two of whom shall
be consumers of nutritional supplementation products. Committee
members shall serve two-year terms and shall serve without
compensation.
(c) The advisory committee shall review and recommend
nutritional supplementation products which require prior
authorization. The commissioner shall develop procedures for
the operation of the advisory committee so that the advisory
committee operates in a manner parallel to the drug formulary
committee.
Sec. 5. Minnesota Statutes 1998, section 256B.0928, is
amended to read:
256B.0928 [STATEWIDE CAREGIVER SUPPORT AND RESPITE CARE
PROJECT.]
(a) The commissioner shall establish and maintain a
statewide caregiver support and respite care project. The
project shall:
(1) provide information, technical assistance, and training
statewide to county agencies and organizations on direct service
models of caregiver support and respite care services;
(2) identify and address issues, concerns, and gaps in the
statewide network for caregiver support and respite care;
(3) maintain a statewide caregiver support and respite care
resource center;
(4) educate caregivers on the availability and use of
caregiver and respite care services;
(5) promote and expand caregiver training and support
groups using existing networks when possible; and
(6) apply for and manage grants related to caregiver
support and respite care.
(b) An advisory committee shall be appointed to advise the
caregiver support project on all aspects of the project
including the development and implementation of the caregiver
support and respite care services projects. The advisory
committee shall review procedures and provide advice and
technical assistance to the caregiver support project regarding
the grant program established under section 256B.0917 and others
established for caregivers.
The advisory committee shall consist of not more than 16
people appointed by the commissioner and shall be comprised of
representatives from public and private agencies, service
providers, and consumers from all areas of the state.
Members of the advisory committee shall not be compensated
for service.
Sec. 6. [REPEALER.]
Minnesota Statutes 1998, sections 16B.88, subdivision 5;
79.51, subdivision 4; 124D.17, subdivision 8; 144.121,
subdivision 7; 144.664, subdivision 4; 197.236, subdivisions 1
and 2; and 245.825, subdivision 1a, are repealed.
ARTICLE 3
LEGISLATIVE WATER COMMISSION
Section 1. Minnesota Statutes 1998, section 17.114,
subdivision 3, is amended to read:
Subd. 3. [DUTIES.] (a) The commissioner shall:
(1) establish a clearinghouse and provide information,
appropriate educational opportunities and other assistance to
individuals, producers, and groups about sustainable
agricultural techniques, practices, and opportunities;
(2) survey producers and support services and organizations
to determine information and research needs in the area of
sustainable agricultural practices;
(3) demonstrate the on-farm applicability of sustainable
agriculture practices to conditions in this state;
(4) coordinate the efforts of state agencies regarding
activities relating to sustainable agriculture;
(5) direct the programs of the department so as to work
toward the sustainability of agriculture in this state;
(6) inform agencies of how state or federal programs could
utilize and support sustainable agriculture practices;
(7) work closely with farmers, the University of Minnesota,
and other appropriate organizations to identify opportunities
and needs as well as assure coordination and avoid duplication
of state agency efforts regarding research, teaching, and
extension work relating to sustainable agriculture; and
(8) report to the environmental quality board for review
and then to the legislative water commission house of
representatives and senate committees with jurisdiction over the
environment, natural resources, and agriculture every
even-numbered year.
(b) The report under paragraph (a), clause (8), must
include:
(1) the presentation and analysis of findings regarding the
current status and trends regarding the economic condition of
producers; the status of soil and water resources utilized by
production agriculture; the magnitude of off-farm inputs used;
and the amount of nonrenewable resources used by Minnesota
farmers;
(2) a description of current state or federal programs
directed toward sustainable agriculture including significant
results and experiences of those programs;
(3) a description of specific actions the department of
agriculture is taking in the area of sustainable agriculture;
(4) a description of current and future research needs at
all levels in the area of sustainable agriculture; and
(5) suggestions for changes in existing programs or
policies or enactment of new programs or policies that will
affect farm profitability, maintain soil and water quality,
reduce input costs, or lessen dependence upon nonrenewable
resources.
Sec. 2. Minnesota Statutes 1998, section 17.114,
subdivision 4, is amended to read:
Subd. 4. [INTEGRATED PEST MANAGEMENT.] (a) The state shall
promote and facilitate the use of integrated pest management
through education, technical or financial assistance,
information and research.
(b) The commissioner shall coordinate the development of a
state approach to the promotion and use of integrated pest
management, which shall include delineation of the
responsibilities of the state, public post-secondary
institutions, Minnesota extension service, local units of
government, and the private sector; establishment of information
exchange and integration; procedures for identifying research
needs and reviewing and preparing informational materials;
procedures for factoring integrated pest management into state
laws, rules, and uses of pesticides; and identification of
barriers to adoption.
(c) The commissioner shall report to the environmental
quality board for review and then to the legislative water
commission house of representatives and senate committees with
jurisdiction over the environment, natural resources, and
agriculture every even-numbered year. The report shall be
combined with the report required in subdivision 3.
Sec. 3. Minnesota Statutes 1998, section 17.117,
subdivision 15, is amended to read:
Subd. 15. [REPORT.] (a) The commissioner and chair shall
prepare and submit a report to the legislative water commission
by October 15, 1994, and October 15, 1995. Thereafter, the
report shall be submitted house of representatives and senate
committees with jurisdiction over the environment, natural
resources, and agriculture by October 15 of each odd-numbered
year.
(b) The report shall include, but need not be limited to,
matters such as loan allocations and uses, the extent to which
the financial assistance is helping implement local water
planning priorities, the integration or coordination that has
occurred with related programs, and other matters deemed
pertinent to the implementation of the program.
Sec. 4. Minnesota Statutes 1998, section 17.498, is
amended to read:
17.498 [RULES; FINANCIAL ASSURANCE.]
(a) The commissioner of the pollution control agency, after
consultation and cooperation with the commissioners of
agriculture and natural resources, shall present proposed rules
to the pollution control agency board prescribing water quality
permit requirements for aquaculture facilities by May 1, 1992.
The rules must consider:
(1) best available proven technology, best management
practices, and water treatment practices that prevent and
minimize degradation of waters of the state considering economic
factors, availability, technical feasibility, effectiveness, and
environmental impacts;
(2) classes, types, sizes, and categories of aquaculture
facilities;
(3) temporary reversible impacts versus long-term impacts
on water quality;
(4) effects on drinking water supplies that cause adverse
human health concerns; and
(5) aquaculture therapeutics, which shall be regulated by
the pollution control agency.
(b) Net pen aquaculture and other aquaculture facilities
with similar effects must submit an annual report to the
commissioner of the pollution control agency analyzing changes
in water quality trends from previous years, documentation of
best management practices, documentation of costs to restore the
waters used for aquaculture to the trophic state existing before
aquatic farming was initiated, and documentation of financial
assurance in an amount adequate to pay for restoration costs.
The trophic state, which is the productivity of the waters
measured by total phosphorus, dissolved oxygen, algae abundance
as chlorophyll-a, and secchi disk depth of light penetration,
and the condition of the waters measured by raw drinking water
parameters, shall be determined to the extent possible before
aquatic farming is initiated. The financial assurance may be a
trust fund, letter of credit, escrow account, surety bond, or
other financial assurance payable to the commissioner for
restoration of the waters if the permittee cannot or will not
restore the waters after termination of aquatic farming
operations or revocation of the permit.
(c) The commissioner of the pollution control agency shall
submit a draft of the proposed rules to the legislative water
commission by September 1, 1991. By January 15, 1992, the
commissioner of the pollution control agency shall submit a
report to the legislative water commission about aquaculture
facilities permitted by the pollution control agency. The
report must include concerns of permittees as well as concerns
of the agency about permitted aquaculture facilities and how
those concerns will be addressed in the proposed rules.
(d) Information received as part of a permit application or
as otherwise requested must be classified according to chapter
13. Information about processes, aquatic farming procedures,
feed and therapeutic formulas and rates, and tests on aquatic
farming products that have economic value is nonpublic data
under chapter 13, if requested by the applicant or permittee.
Sec. 5. Minnesota Statutes 1998, section 18B.045,
subdivision 1, is amended to read:
Subdivision 1. [DEVELOPMENT.] The commissioner shall
develop a pesticide management plan for the prevention,
evaluation, and mitigation of occurrences of pesticides or
pesticide breakdown products in groundwaters and surface waters
of the state. The pesticide management plan must include
components promoting prevention, developing appropriate
responses to the detection of pesticides or pesticide breakdown
products in groundwater and surface waters, and providing
responses to reduce or eliminate continued pesticide movement to
groundwater and surface water. Beginning By September 1, 1994,
and biennially thereafter of each even-numbered year, the
commissioner must submit a status report on the plan to the
environmental quality board for review and then to
the legislative water commission house of representatives and
senate committees with jurisdiction over the environment,
natural resources, and agriculture.
Sec. 6. Minnesota Statutes 1998, section 18E.06, is
amended to read:
18E.06 [REPORT TO WATER COMMISSION.]
By September 1, 1994, and of each year thereafter, the
agricultural chemical response compensation board and the
commissioner shall submit to the house of representatives
committee on ways and means, the senate committee on
finance, the house of representatives and senate committees with
jurisdiction over the environment, natural resources, and
agriculture, and the environmental quality board, and the
legislative water commission a report detailing the activities
and reimbursements for which money from the account has been
spent during the previous year.
Sec. 7. Minnesota Statutes 1998, section 103A.43, is
amended to read:
103A.43 [WATER ASSESSMENTS AND REPORTS.]
(a) The environmental quality board shall evaluate and
report to the legislative water commission house of
representatives and senate committees with jurisdiction over the
environment, natural resources, and agriculture and the
legislative commission on Minnesota resources on statewide water
research needs and recommended priorities for addressing these
needs. Local water research needs may also be included.
(b) The environmental quality board shall work with the
pollution control agency and the department of agriculture to
coordinate a biennial assessment and analysis of water quality,
groundwater degradation trends, and efforts to reduce, prevent,
minimize, and eliminate degradation of water. The assessment
and analysis must include an analysis of relevant monitoring
data.
(c) The environmental quality board shall work with the
department of natural resources to coordinate an assessment and
analysis of the quantity of surface and ground water in the
state and the availability of water to meet the state's needs.
(d) The environmental quality board shall coordinate and
submit a report on water policy including the analyses in
paragraphs (a) to (c) to the legislative water commission house
of representatives and senate committees with jurisdiction over
the environment, natural resources, and agriculture and the
legislative commission on Minnesota resources by September 15 of
each even-numbered year. The report may include the groundwater
policy report in section 103A.204.
Sec. 8. Minnesota Statutes 1998, section 103B.321,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] The board shall:
(1) develop guidelines for the contents of comprehensive
water plans that provide for a flexible approach to meeting the
different water and related land resources needs of counties and
watersheds across the state;
(2) coordinate assistance of state agencies to counties and
other local units of government involved in preparation of
comprehensive water plans, including identification of pertinent
data and studies available from the state and federal
government;
(3) conduct an active program of information and education
concerning the requirements and purposes of sections 103B.301 to
103B.355 in conjunction with the association of Minnesota
counties;
(4) determine contested cases under section 103B.345;
(5) establish a process for review of comprehensive water
plans that assures the plans are consistent with state law;
(6) report to the legislative commission on Minnesota house
of representatives and senate committees with jurisdiction over
the environment, natural resources, and agriculture as required
by section 103B.351; and
(7) make grants to counties for comprehensive local water
planning, implementation of priority actions identified in
approved plans, and sealing of abandoned wells.
Sec. 9. Minnesota Statutes 1998, section 103B.351, is
amended to read:
103B.351 [COMMISSION OVERSIGHT; REPORT REQUIRED.]
The board shall, on or before January 15 of each year,
submit to the legislative water commission house of
representatives and senate committees with jurisdiction over the
environment, natural resources, and agriculture a written report
on the board's functions and the implementation of sections
103B.201 to 103B.355 since the previous report under this
section was submitted. The report to the commission committees
must include the board's recommendations for changes to sections
103B.201 to 103B.355 and any recommendations for funding. The
board shall also report to the commission committees at other
times requested by the commission committees. The commission
may make recommendations to the legislature concerning the
funding, implementation, and amendment of sections 103B.201 to
103B.355.
Sec. 10. Minnesota Statutes 1998, section 103F.461, is
amended to read:
103F.461 [GROUNDWATER EDUCATION.]
(a) In each even-numbered year, the board of water and soil
resources must review groundwater education activities with
local units of government and develop recommendations for
improvement in a report to the environmental quality board for
review and then to the legislative water commission house of
representatives and senate committees with jurisdiction over the
environment, natural resources, and agriculture as part of the
groundwater policy report in section 103A.204. The board must
work with agencies and interested groups with responsibility for
groundwater education in preparing the report.
(b) The board must ensure that the biennial review of
groundwater education with local units of government is
coordinated with the Minnesota environmental education advisory
board and the nonpoint source education and information strategy
of the pollution control agency.
(c) Grants for innovative groundwater education strategies
to local units of government identified in this section may be
awarded by the board of water and soil resources.
Sec. 11. Minnesota Statutes 1998, section 103H.175,
subdivision 3, is amended to read:
Subd. 3. [REPORT.] In each even-numbered year, the
pollution control agency, in cooperation with other agencies
participating in the monitoring of water resources, shall
provide a draft report on the status of groundwater monitoring
to the environmental quality board for review and then to the
legislative water commission house of representatives and senate
committees with jurisdiction over the environment, natural
resources, and agriculture as part of the report in section
103A.204.
Sec. 12. Minnesota Statutes 1998, section 103H.275, is
amended to read:
103H.275 [MANAGEMENT OF POLLUTANTS WHERE GROUNDWATER IS
POLLUTED.]
Subdivision 1. [AREAS WHERE GROUNDWATER POLLUTION IS
DETECTED.] (a) If groundwater pollution is detected, a state
agency or political subdivision that regulates an activity
causing or potentially causing a contribution to the pollution
identified shall promote implementation of best management
practices to prevent or minimize the source of pollution to the
extent practicable.
(b) The pollution control agency, or for agricultural
chemicals and practices, the commissioner of agriculture may
adopt water source protection requirements under subdivision 2
that are consistent with the goal of section 103H.001 and are
commensurate with the groundwater pollution if the
implementation of best management practices has proven to be
ineffective.
(c) The water resources protection requirements must be:
(1) designed to prevent and minimize the pollution to the
extent practicable;
(2) designed to prevent the pollution from exceeding the
health risk limits; and
(3) submitted to the legislative water commission house of
representatives and senate committees with jurisdiction over the
environment, natural resources, and agriculture.
Subd. 2. [ADOPTION OF WATER RESOURCE PROTECTION
REQUIREMENTS.] (a) The pollution control agency, or for
agricultural chemicals and practices, the commissioner of
agriculture shall adopt by rule water resource protection
requirements that are consistent with the goal of section
103H.001 to prevent and minimize the pollution to the extent
practicable. The proposed rule must be submitted to the
legislative water commission for review house of representatives
and senate committees with jurisdiction over the environment,
natural resources, and agriculture before adoption. The water
resource protection requirements must be based on the use and
effectiveness of best management practices, the product use and
practices contributing to the pollution detected, economic
factors, availability, technical feasibility, implementability,
and effectiveness. The water resource protection requirements
may be adopted for one or more pollutants or a similar class of
pollutants. A water resource protection requirement may not be
adopted before January 1, 1991.
(b) Before the water resource protection requirements are
adopted, the pollution control agency or the commissioner of
agriculture for agricultural chemicals and practices must notify
affected persons and businesses for comments and input in
developing the water resource protection requirements.
(c) Unless the water resource protection requirements are
to cover the entire state, the water resource protection
requirements are only effective in areas designated by the
commissioner of the pollution control agency by order or for
agricultural chemicals and practices in areas designated by the
commissioner of agriculture by order. The procedures for
issuing the order and the effective date of the order must be
included in the water resource protection requirements rule.
(d) The water resource protection requirements rule must
contain procedures for notice to be given to persons affected by
the rule and order of the commissioner. The procedures may
include notice by publication, personal service, and other
appropriate methods to inform affected persons of the rule and
commissioner's order.
(e) A person who is subject to a water resource protection
requirement may apply to the pollution control agency, or for
agricultural chemicals and practices the commissioner of
agriculture, and suggest an alternative protection requirement.
Within 60 days after receipt, the agency or commissioner of
agriculture must approve or deny the request. If the pollution
control agency or commissioner of agriculture approves the
request, an order must be issued approving the alternative
protection requirement.
(f) A person who violates a water resource protection
requirement relating to pollutants, other than agricultural
chemicals, is subject to the penalties for violating a rule
adopted under chapter 116. A person who violates a water
resource protection requirement relating to agricultural
chemicals and practices is subject to the penalties for
violating a rule adopted under chapter 18D.
Sec. 13. Minnesota Statutes 1998, section 115B.20,
subdivision 6, is amended to read:
Subd. 6. [REPORT TO LEGISLATURE.] Each year, the
commissioner of agriculture and the agency shall submit to the
senate finance committee, the house ways and means committee,
the environment and natural resources committees of the senate
and house of representatives, the finance division of the senate
committee on environment and natural resources, and the house of
representatives committee on environment and natural resources
finance, and the environmental quality board, and the
legislative water commission a report detailing the activities
for which money from the account has been spent during the
previous fiscal year.
Presented to the governor April 19, 1999
Signed by the governor April 22, 1999, 9:31 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes