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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                  conflicting, and superseded provisions; making 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.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569