Office of the Revisor of Statutes
Minnesota Session Laws - 2000, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 260-H.F.No. 2749
An act relating to legislation; 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superseded provisions; making miscellaneous technical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 13.551, subdivision
1; 15.0591, subdivision 2; 15A.086; 17.101,
subdivision 1; 43A.18, subdivision 4a; 47.58,
subdivision 8; 60A.74, subdivision 6; 60H.05,
subdivision 6; 103I.005, subdivision 22; 116J.966,
subdivision 1; 136A.29, subdivision 19; 145.698,
subdivision 1; 146.23, subdivision 6; 148.7805,
subdivision 1; 204C.04, subdivision 2; 245A.04,
subdivision 3; 256B.031, subdivision 2; 257.34,
subdivision 1; 270.101, subdivision 1; 273.1398,
subdivision 1; 275.065, subdivision 3a; 275.16;
281.21; 281.22; 287.28; 290.0802, subdivision 2;
299A.02; 319B.02, subdivision 13; 325D.33, subdivision
8; 325D.415; 352D.02, subdivision 1; 429.091,
subdivision 8; 430.12; 459.35; 469.036; 469.040,
subdivision 4; 469.063; 469.116, subdivision 8;
469.1733, subdivision 1; 469.178, subdivision 6;
469.203, subdivision 4; 473.3994, subdivision 13;
475.77; 574.03; and 611A.43; Minnesota Statutes 1999
Supplement, sections 3.739, subdivision 1; 10A.01,
subdivisions 1 and 35; 13.99, subdivision 11; 16E.02,
subdivision 2; 85.41, subdivision 1; 116J.70,
subdivision 2a; 119A.04, subdivision 1; 119B.011,
subdivision 15; 144A.46, subdivision 2; 147.09;
148.96, subdivision 3; 243.166, subdivision 1; 259.47,
subdivision 8; 260B.007, subdivision 20; 260C.007,
subdivision 19; 260C.163, subdivision 11; 260C.176,
subdivisions 1 and 2; 260C.178, subdivision 3;
260C.181, subdivision 2; 260C.201, subdivision 11;
260C.213, subdivision 1; 287.29, subdivision 1;
290.01, subdivision 19b; 465.797, subdivision 1;
504B.161, subdivision 1; 504B.181, subdivision 5;
515B.1-102; 515B.1-103; 515B.2-105; 515B.3-105;
515B.3-115; 515B.3-116; 515B.4-106; 515B.4-107; and
518.57, subdivision 3; Laws 1997, chapter 150, section
1; and Laws 1999, chapter 110, section 22; chapter
139, article 4, section 3; chapter 159, sections 2,
86, and 154; and chapter 205, article 1, section 1;
repealing Minnesota Statutes 1998, sections 281.20;
421.11; 421.12; 421.13; 421.14; and 462A.21,
subdivision 19; Minnesota Statutes 1999 Supplement,
section 260C.401; Laws 1987, chapter 186, section 11;
Laws 1989, chapter 282, article 5, section 45; Laws
1991, chapter 286, section 2; Laws 1994, chapter 572,
section 6; Laws 1995, chapter 207, article 4, section
21, subdivision 4; Laws 1996, chapter 412, article 4,
section 25; Laws 1997, chapter 85, article 3, section
18; article 4, section 20; chapter 187, article 1,
section 4; chapter 203, article 11, section 3; chapter
217, article 1, section 89; Laws 1998, chapter 407,
article 6, section 9; Laws 1999, chapter 154, section
3; chapter 159, sections 6, 18, 49, 90, 110, 112, and
113; chapter 177, sections 56 and 58; and chapter 216,
article 2, section 5.
REVISOR'S BILL
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1999 Supplement, section
3.739, subdivision 1, is amended to read:
Subdivision 1. [PERMISSIBLE CLAIMS.] Claims and demands
arising out of the circumstances described in this subdivision
shall be presented to, heard, and determined as provided in
subdivision 2:
(1) an injury to or death of an inmate of a state,
regional, or local correctional facility or county jail who has
been conditionally released and ordered to perform compensated
or uncompensated work for a state agency, a political
subdivision or public corporation of this state, a nonprofit
educational, medical, or social service agency, or a private
business or individual, as a condition of the release, while
performing the work;
(2) an injury to or death of a person sentenced by a court,
granted a suspended sentence by a court, or subject to a court
disposition order, and who, under court order, is performing
work (a) in restitution, (b) in lieu of or to work off fines or
court ordered costs, (c) in lieu of incarceration, or (d) as a
term or condition of a sentence, suspended sentence, or
disposition order, while performing the work;
(3) an injury to or death of a person, who has been
diverted from the court system and who is performing work as
described in paragraph (1) or (2) under a written agreement
signed by the person, and if a juvenile, by a parent or
guardian; and
(4) an injury to or death of any person caused by an
individual who was performing work as described in paragraph
(1), (2), or (3); or
(5) necessary medical care of offenders sentenced to the
Camp Ripley work program described in section 241.277.
Sec. 2. Minnesota Statutes 1999 Supplement, section
10A.01, subdivision 1, is amended to read:
Subdivision 1. [APPLICATION.] For the purposes of sections
10A.01 to 10A.34 this chapter, the terms defined in this section
have the meanings given them unless the context clearly
indicates otherwise.
Sec. 3. Minnesota Statutes 1999 Supplement, section
10A.01, subdivision 35, is amended to read:
Subd. 35. [PUBLIC OFFICIAL.] "Public official" means any:
(1) member of the legislature;
(2) 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;
(3) constitutional officer in the executive branch and the
officer's chief administrative deputy;
(4) solicitor general or deputy, assistant, or special
assistant attorney general;
(5) commissioner, deputy commissioner, or assistant
commissioner of any state department or agency as listed in
section 15.01 or 15.06;
(6) member, chief administrative officer, or deputy chief
administrative officer of a state board or commission that has
either the power to adopt, amend, or repeal rules, or the power
to adjudicate contested cases or appeals;
(7) individual employed in the executive branch who is
authorized to adopt, amend, or repeal rules or adjudicate
contested cases;
(8) executive director of the state board of investment;
(9) deputy of any official listed in clauses (7) and (8);
(10) judge of the workers' compensation court of appeals;
(11) administrative law judge or compensation judge in the
state office of administrative hearings or referee in the
department of economic security;
(12) member, regional administrator, division director,
general counsel, or operations manager of the metropolitan
council;
(13) member or chief administrator of a metropolitan
agency;
(14) director of the division of alcohol and gambling
enforcement in the department of public safety;
(15) member or executive director of the higher education
facilities authority;
(16) member of the board of directors or president of the
Minnesota world trade center corporation or Minnesota
Technology, Inc.; or
(17) member of the board of directors or executive director
of the Minnesota state high school league.
Sec. 4. Minnesota Statutes 1998, section 13.551,
subdivision 1, is amended to read:
Subdivision 1. [SAINT PAUL PORT AUTHORITY.] The following
data not on individuals collected and maintained by the Saint
Paul port authority are classified as protected nonpublic, until
30 days before the date of a hearing on a proposed sale pursuant
to section 469.065: financial studies and reports that are part
of appraisers' estimates of value of or concerning projects as
defined in chapter 474 469, prepared by personnel of the port
authority or independent accountants, consultants, and
appraisers for the purpose of marketing by sale or lease a
project which the port authority has acquired or repossessed as
the result of the default under and the termination of a revenue
agreement as defined in chapter 474 469.
Sec. 5. Minnesota Statutes 1999 Supplement, section 13.99,
subdivision 11, is amended to read:
Subd. 11. [WORLD TRADE CENTER.] Certain data received or
developed by the governing board of commissioner of trade and
economic development with respect to the Minnesota world trade
center corporation are classified in section 44A.08 116J.9665,
subdivision 7.
Sec. 6. Minnesota Statutes 1998, section 15.0591,
subdivision 2, is amended to read:
Subd. 2. [BODIES AFFECTED.] A member meeting the
qualifications in subdivision 1 must be appointed to the
following boards, commissions, advisory councils, task forces,
or committees:
(1) advisory council on battered women;
(2) advisory task force on the use of state facilities;
(3) alcohol and other drug abuse advisory council;
(4) board of examiners for nursing home administrators;
(5) board on aging;
(6) chiropractic examiners board;
(7) consumer advisory council on vocational rehabilitation;
(8) council on disability;
(9) council on affairs of Chicano/Latino people;
(10) council on Black Minnesotans;
(11) dentistry board;
(12) department of economic security advisory council;
(13) higher education services office;
(14) housing finance agency;
(15) Indian advisory council on chemical dependency;
(16) medical practice board;
(17) medical policy directional task force on mental
health;
(18) Minnesota employment and economic development task
force;
(19) Minnesota office of citizenship and volunteer services
advisory committee;
(20) Minnesota state arts board;
(21) nursing board;
(22) optometry board;
(23) pharmacy board;
(24) board of physical therapists council therapy;
(25) podiatry board;
(26) psychology board;
(27) veterans advisory committee.
Sec. 7. Minnesota Statutes 1998, section 15A.086, is
amended to read:
15A.086 [LIMITS ON BONUS PAYMENTS.]
Notwithstanding any law to the contrary, an employee of the
state lottery or of a public corporation or nonprofit
corporation created by law may not receive bonus payments in any
year that exceed ten percent of the employee's base salary for
that year. For purposes of this section, bonus payments include
any combination of merit pay, achievement awards, or any other
cash payments in addition to base salary, other than severance
pay or overtime or holiday pay. Groups covered by this section
include, but are not limited to, the Workers' Compensation
Reinsurance Association, the Minnesota Insurance Guaranty
Association, the Fair plan, the Joint Underwriters Association,
the Minnesota Joint Underwriters Association, the Life and
Health Guaranty Association, the Minnesota Comprehensive Health
Association, the Minnesota State High School League, Minnesota
Technology, Inc., Agricultural Utilization Research Institute,
Minnesota Project Outreach Corporation, State Fund Mutual
Insurance Company, the World Trade Center Corporation, and the
State Agricultural Society. This section does not give any
entity authority to grant a bonus not otherwise authorized by
law.
Sec. 8. Minnesota Statutes 1999 Supplement, section
16E.02, subdivision 2, is amended to read:
Subd. 2. [INTERGOVERNMENTAL PARTICIPATION.] The
commissioner of administration or the commissioner's designee
shall serve as a member of the Minnesota education
telecommunications council, the geographic information systems
council, the library planning task force, or their respective
successor organizations, and as a member of Minnesota
Technology, Inc., and the Minnesota health data institute as a
nonvoting member, and the Minnesota world trade center
corporation.
Sec. 9. Minnesota Statutes 1998, section 17.101,
subdivision 1, is amended to read:
Subdivision 1. [DEPARTMENTAL DUTIES.] For the purposes of
expanding, improving, and developing production and marketing of
products of Minnesota agriculture, the commissioner shall
encourage and promote the production and marketing of these
products by means of:
(a) advertising Minnesota agricultural products;
(b) assisting state agricultural commodity organizations;
(c) developing methods to increase processing and marketing
of agricultural commodities including commodities not being
produced in Minnesota on a commercial scale, but which may have
economic potential in national and international markets;
(d) investigating and identifying new marketing technology
and methods to enhance the competitive position of Minnesota
agricultural products;
(e) evaluating livestock marketing opportunities;
(f) assessing and developing national and international
markets for Minnesota agricultural products;
(g) studying the conversion of raw agricultural products to
manufactured products including ethanol;
(h) hosting the visits of foreign trade teams to Minnesota
and defraying the teams' expenses;
(i) assisting Minnesota agricultural businesses desiring to
sell their products;
(j) conducting research to eliminate or reduce specific
production or technological barriers to market development and
trade; and
(k) other activities the commissioner deems appropriate to
promote Minnesota agricultural products, provided that the
activities do not duplicate programs or services provided by the
Minnesota trade division or the Minnesota world trade center
corporation.
Sec. 10. Minnesota Statutes 1998, section 43A.18,
subdivision 4a, is amended to read:
Subd. 4a. [COMPENSATION REPORTS.] On July 1 of each
odd-numbered year the state agricultural society, the World
Trade Center corporation board of directors, the Minnesota
Technology, Inc. board of directors, and the governing board of
the Minnesota state high school league shall each submit a
report to the legislative commission on employee relations on
the total compensation plan for their employees.
Sec. 11. Minnesota Statutes 1998, section 47.58,
subdivision 8, is amended to read:
Subd. 8. [COUNSELING; REQUIREMENT; PENALTY.] A lender,
mortgage banking company, or other mortgage lender not related
to the mortgagor must keep a certificate on file documenting
that the borrower, prior to entering into the reverse mortgage
loan, received counseling as defined in this subdivision from an
organization that meets the requirements of section 462A.28,
subdivision 1, 462A.209 and is a housing counseling agency
approved by the Department of Housing and Urban Development.
The certificate must be signed by the mortgagor and the
counselor and include the date of the counseling, the name,
address, and telephone number of both the mortgagor and the
organization providing counseling. A failure by the lender to
comply with this subdivision results in a $1,000 civil penalty
payable to the mortgagor. For the purposes of this subdivision,
"counseling" means the following services are provided to the
borrower:
(1) a review of the advantages and disadvantages of reverse
mortgage programs;
(2) an explanation of how the reverse mortgage affects the
borrower's estate and public benefits;
(3) an explanation of the lending process;
(4) a discussion of the borrower's supplemental income
needs; and
(5) an opportunity to ask questions of the counselor.
Sec. 12. Minnesota Statutes 1998, section 60A.74,
subdivision 6, is amended to read:
Subd. 6. [RESTRICTION ON BOARD APPOINTMENTS.] A reinsurer
shall not appoint to its board of directors, any officer,
director, employee, controlling shareholder, or subproducer of
its RM. This subdivision does not apply to relationships
governed by chapter 60D or, if applicable, the Business
Transacted With Producer Controlled Property/Casualty Insurer
Act, sections 60J.06 to 60J.11.
Sec. 13. Minnesota Statutes 1998, section 60H.05,
subdivision 6, is amended to read:
Subd. 6. [PROHIBITED APPOINTMENTS.] An insurer shall not
appoint to its board of directors an officer, director,
employee, subagent, or controlling shareholder of its managing
general agents. This section does not apply to relationships
governed by the Insurance Holding Company Act, chapter 60D, or,
if applicable, the Business Transacted With Producer Controlled
Insurer Act, chapter 60J.
Sec. 14. Minnesota Statutes 1999 Supplement, section
85.41, subdivision 1, is amended to read:
Subdivision 1. [ON PERSON.] While skiing on cross-country
ski trails, a person age 16 and or over shall carry in immediate
possession a valid, signed cross-country ski pass. A landowner
who grants an easement for a grant-in-aid ski trail is not
required to have a pass when skiing on the landowner's property.
Sec. 15. Minnesota Statutes 1998, section 103I.005,
subdivision 22, is amended to read:
Subd. 22. [WELL DISCLOSURE CERTIFICATE.] "Well disclosure
certificate" means a certificate containing the requirements of
section 103I.235, subdivision 1, paragraph (e) (k).
Sec. 16. Minnesota Statutes 1999 Supplement, 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 147D;
(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 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. 17. Minnesota Statutes 1998, section 116J.966,
subdivision 1, is amended to read:
Subdivision 1. [GENERALLY.] (a) The commissioner shall
promote, develop, and facilitate trade and foreign investment in
Minnesota. In furtherance of these goals, and in addition to
the powers granted by section 116J.035, the commissioner may:
(1) locate, develop, and promote international markets for
Minnesota products and services;
(2) arrange and lead trade missions to countries with
promising international markets for Minnesota goods, technology,
services, and agricultural products;
(3) promote Minnesota products and services at domestic and
international trade shows;
(4) organize, promote, and present domestic and
international trade shows featuring Minnesota products and
services;
(5) host trade delegations and assist foreign traders in
contacting appropriate Minnesota businesses and investments;
(6) develop contacts with Minnesota businesses and gather
and provide information to assist them in locating and
communicating with international trading or joint venture
counterparts;
(7) provide information, education, and counseling services
to Minnesota businesses regarding the economic, commercial,
legal, and cultural contexts of international trade;
(8) provide Minnesota businesses with international trade
leads and information about the availability and sources of
services relating to international trade, such as export
financing, licensing, freight forwarding, international
advertising, translation, and custom brokering;
(9) locate, attract, and promote foreign direct investment
and business development in Minnesota to enhance employment
opportunities in Minnesota;
(10) provide foreign businesses and investors desiring to
locate facilities in Minnesota information regarding sources of
governmental, legal, real estate, financial, and business
services;
(11) enter into contracts or other agreements with private
persons and public entities, including agreements to establish
and maintain offices and other types of representation in
foreign countries, to carry out the purposes of promoting
international trade and attracting investment from foreign
countries to Minnesota and to carry out this section, without
regard to section 16C.06; and
(12) enter into administrative, programming, and service
partnerships with the Minnesota world trade center; and
(13) market trade-related materials to businesses and
organizations, and the proceeds of which must be placed in a
special revolving account and are appropriated to the
commissioner to prepare and distribute trade-related materials.
(b) The programs and activities of the commissioner of
trade and economic development and the Minnesota trade division
may not duplicate programs and activities of the commissioner of
agriculture or the Minnesota world trade center corporation.
(c) The commissioner shall notify the chairs of the senate
finance and house appropriations committees of each agreement
under this subdivision to establish and maintain an office or
other type of representation in a foreign country.
Sec. 18. Minnesota Statutes 1999 Supplement, section
119A.04, subdivision 1, is amended to read:
Subdivision 1. [DEPARTMENT OF HUMAN SERVICES.] The powers
and duties of the department of human services with respect to
the following programs are transferred to the department of
children, families, and learning under section 15.039. The
programs needing federal approval to transfer shall be
transferred when the federal government grants transfer
authority to the commissioner:
(1) children's trust fund under sections 119A.10 to
119A.17;
(2) the family services and community-based collaboratives
under section 124D.23;
(3) the early childhood care and education council under
section 119B.17;
(4) the child care programs under sections 119B.011 to
119B.16;
(5) (4) the migrant child care program under section
256.01;
(6) (5) the child care resource and referral program under
sections 119B.18 and 119B.19 and 119B.211; and
(7) (6) the child care service development program under
sections 119B.189 to 119B.24.
Sec. 19. Minnesota Statutes 1999 Supplement, section
119B.011, subdivision 15, is amended to read:
Subd. 15. [INCOME.] "Income" means earned or unearned
income received by all family members, including public
assistance cash benefits and at-home infant care subsidy
payments, unless specifically excluded. The following are
excluded from income: funds used to pay for health insurance
premiums for family members, Supplemental Security Income,
scholarships, work-study income, and grants that cover costs or
reimbursement for tuition, fees, books, and educational
supplies; student loans for tuition, fees, books, supplies, and
living expenses; state and federal earned income tax credits;
in-kind income such as food stamps, energy assistance, foster
care assistance, medical assistance, child care assistance, and
housing subsidies; earned income of full or part-time students,
who have not earned a high school diploma or GED high school
equivalency diploma including earnings from summer employment;
grant awards under the family subsidy program; nonrecurring lump
sum income only to the extent that it is earmarked and used for
the purpose for which it is paid; and any income assigned to the
public authority according to section 256.74 or 256.741.
Sec. 20. Minnesota Statutes 1998, section 136A.29,
subdivision 19, is amended to read:
Subd. 19. Before the issuance of any revenue bonds under
the provisions of sections 136A.25 to 136A.42, any member or
officer of the authority authorized by resolution of the
authority to handle funds or sign checks of the authority shall
be covered under a surety or fidelity bond in an amount to be
determined by the authority. Each such bond shall be
conditioned upon the faithful performance of the duties of the
office of the member or officer, shall be executed by a surety
company authorized to transact business in the state of
Minnesota as surety, and shall be procured under supervision of
the public examiner and commissioner of administration under
section 574.02 and shall be approved by the attorney general and
filed in the office of the secretary of state as provided in
section 574.02. The cost of each such bond shall be paid by the
authority.
Sec. 21. Minnesota Statutes 1999 Supplement, section
144A.46, subdivision 2, is amended to read:
Subd. 2. [EXEMPTIONS.] The following individuals or
organizations are exempt from the requirement to obtain a home
care provider license:
(1) a person who is licensed as a registered nurse under
sections 148.171 to 148.285 and who independently provides
nursing services in the home without any contractual or
employment relationship to a home care provider or other
organization;
(2) a personal care assistant who provides services to only
one individual under the medical assistance program as
authorized under sections 256B.0625, subdivision 19 19a, and
256B.04, subdivision 16;
(3) a person or organization that exclusively offers,
provides, or arranges for personal care assistant services to
only one individual under the medical assistance program as
authorized under sections 256B.0625, subdivision 19 19a, and
256B.04, subdivision 16;
(4) a person who is licensed under sections 148.65 to
148.78 and who independently provides physical therapy services
in the home without any contractual or employment relationship
to a home care provider or other organization;
(5) a provider that is licensed by the commissioner of
human services to provide semi-independent living services under
Minnesota Rules, parts 9525.0500 to 9525.0660 when providing
home care services to a person with a developmental disability;
(6) a provider that is licensed by the commissioner of
human services to provide home and community-based services
under Minnesota Rules, parts 9525.2000 to 9525.2140 when
providing home care services to a person with a developmental
disability;
(7) a person or organization that provides only home
management services, if the person or organization is registered
under section 144A.461; or
(8) a person who is licensed as a social worker under
sections 148B.18 to 148B.289 and who provides social work
services in the home independently and not through any
contractual or employment relationship with a home care provider
or other organization.
An exemption under this subdivision does not excuse the
individual from complying with applicable provisions of the home
care bill of rights.
Sec. 22. Minnesota Statutes 1998, section 145.698,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY.] When a person has been accused
of violating any state or local law or ordinance in district
court, and if it appears to the court that the defendant may be
a drug dependent person, or by reason of the repeated use of
drugs may not be responsible for that person's actions, the
court may adjourn the proceedings and order the county attorney
to file a petition for commitment of the defendant pursuant
to chapter 253B, the Minnesota Hospitalization and
Commitment and Treatment Act, for confinement in a hospital, a
mental health center, the Willmar regional treatment center or
other drug treatment facility until such time as the court feels
that such person can be returned to the court.
Sec. 23. Minnesota Statutes 1998, section 146.23,
subdivision 6, is amended to read:
Subd. 6. [SCOPE OF PRACTICE.] Nothing in this section
expands or limits the scope of practice of registered licensed
physical therapists or occupational therapists certified by the
American Occupational Therapy Certification Board.
Sec. 24. Minnesota Statutes 1999 Supplement, section
147.09, is amended to read:
147.09 [EXEMPTIONS.]
Section 147.081 does not apply to, control, prevent or
restrict the practice, service, or activities of:
(1) A person who is a commissioned medical officer of, a
member of, or employed by, the armed forces of the United
States, the United States Public Health Service, the Veterans
Administration, any federal institution or any federal agency
while engaged in the performance of official duties within this
state, if the person is licensed elsewhere.
(2) A licensed physician from a state or country who is in
actual consultation here.
(3) A licensed or registered physician who treats the
physician's home state patients or other participating patients
while the physicians and those patients are participating
together in outdoor recreation in this state as defined by
section 86A.03, subdivision 3. A physician shall first register
with the board on a form developed by the board for that
purpose. The board shall not be required to promulgate the
contents of that form by rule. No fee shall be charged for this
registration.
(4) A student practicing under the direct supervision of a
preceptor while the student is enrolled in and regularly
attending a recognized medical school.
(5) A student who is in continuing training and performing
the duties of an intern or resident or engaged in postgraduate
work considered by the board to be the equivalent of an
internship or residency in any hospital or institution approved
for training by the board, provided the student has a residency
permit issued by the board under section 147.0391.
(6) A person employed in a scientific, sanitary, or
teaching capacity by the state university, the department of
children, families, and learning, or by any a public or private
school, college, or other bona fide educational institution, a
nonprofit organization, which has tax-exempt status in
accordance with the Internal Revenue Code, section 501(c)(3),
and is organized and operated primarily for the purpose of
conducting scientific research directed towards discovering the
causes of and cures for human diseases, or the state department
of health, whose duties are entirely of a research, public
health, or educational character, while engaged in such duties;
provided that if the research includes the study of humans, such
research shall be conducted under the supervision of one or more
physicians licensed under this chapter.
(7) Physician's assistants registered in this state.
(8) A doctor of osteopathy duly licensed by the state board
of osteopathy under Minnesota Statutes 1961, sections 148.11 to
148.16, prior to May 1, 1963, who has not been granted a license
to practice medicine in accordance with this chapter provided
that the doctor confines activities within the scope of the
license.
(9) Any person licensed by a health related licensing
board, as defined in section 214.01, subdivision 2, or
registered by the commissioner of health pursuant to section
214.13, including psychological practitioners with respect to
the use of hypnosis; provided that the person confines
activities within the scope of the license.
(10) A person who practices ritual circumcision pursuant to
the requirements or tenets of any established religion.
(11) A Christian Scientist or other person who endeavors to
prevent or cure disease or suffering exclusively by mental or
spiritual means or by prayer.
(12) A physician licensed to practice medicine in another
state who is in this state for the sole purpose of providing
medical services at a competitive athletic event. The physician
may practice medicine only on participants in the athletic
event. A physician shall first register with the board on a
form developed by the board for that purpose. The board shall
not be required to adopt the contents of the form by rule. The
physician shall provide evidence satisfactory to the board of a
current unrestricted license in another state. The board shall
charge a fee of $50 for the registration.
(13) A psychologist licensed under section 148.907 or a
social worker licensed under section 148B.21 who uses or
supervises the use of a penile or vaginal plethysmograph in
assessing and treating individuals suspected of engaging in
aberrant sexual behavior and sex offenders.
(14) Any person issued a training course certificate or
credentialed by the emergency medical services regulatory board
established in chapter 144E, provided the person confines
activities within the scope of training at the certified or
credentialed level.
Sec. 25. Minnesota Statutes 1998, section 148.7805,
subdivision 1, is amended to read:
Subdivision 1. [CREATION; MEMBERSHIP.] The athletic
trainer's advisory council is created and is composed of eight
members appointed by the board. The advisory council consists
of:
(1) two public members as defined in section 214.02;
(2) three members who, except for initial appointees, are
registered athletic trainers, one being both a registered
licensed physical therapist and registered athletic trainer as
submitted by the Minnesota American Physical Therapy
Association;
(3) two members who are medical physicians licensed by the
state and have experience with athletic training and sports
medicine; and
(4) one member who is a doctor of chiropractic licensed by
the state and has experience with athletic training and sports
injuries.
Sec. 26. Minnesota Statutes 1999 Supplement, section
148.96, subdivision 3, is amended to read:
Subd. 3. [REQUIREMENTS FOR REPRESENTATIONS TO THE PUBLIC.]
(a) Unless licensed under sections 148.88 to 148.98, except as
provided in paragraphs (b) through (e), persons shall not
represent themselves or permit themselves to be represented to
the public by:
(1) using any title or description of services
incorporating the words "psychology," "psychological,"
"psychological practitioner," or "psychologist"; or
(2) representing that the person has expert qualifications
in an area of psychology.
(b) Psychologically trained individuals who are employed by
an educational institution recognized by a regional accrediting
organization, by a federal, state, county, or local government
institution, by agencies, or by research facilities, may
represent themselves by the title designated by that
organization provided that the title does not indicate that the
individual is credentialed by the board.
(c) A psychologically trained individual from an
institution described in paragraph (b) may offer lecture
services and is exempt from the provisions of this section.
(d) A person who is preparing for the practice of
psychology under supervision in accordance with board statutes
and rules may be designated as a "psychological intern,"
"psychological trainee," or by other terms clearly describing
the person's training status.
(e) Former licensees who are completely retired from the
practice of psychology may represent themselves using the
descriptions in paragraph (a), clauses (1) and (2), but shall
not represent themselves or allow themselves to be represented
as current licensees of the board.
(f) Nothing in this section shall be construed to prohibit
the practice of school psychology by a person licensed in
accordance with chapters 122A and 129.
Sec. 27. Minnesota Statutes 1998, section 204C.04,
subdivision 2, is amended to read:
Subd. 2. [ELECTIONS COVERED.] For purposes of this
section, "election" means a regularly scheduled state primary or
general election, an election to fill a vacancy in the office of
United States senator or United States representative, or an
election to fill a vacancy in the office of state senator or
state representative, or a presidential primary as described in
section 207A.01 unless it is conducted by mail.
Sec. 28. Minnesota Statutes 1999 Supplement, section
243.166, subdivision 1, is amended to read:
Subdivision 1. [REGISTRATION REQUIRED.] (a) A person shall
register under this section if:
(1) the person was charged with or petitioned for a felony
violation of or attempt to violate any of the following, and
convicted of or adjudicated delinquent for that offense or
another offense arising out of the same set of circumstances:
(i) murder under section 609.185, clause (2); or
(ii) kidnapping under section 609.25; or
(iii) criminal sexual conduct under section 609.342;
609.343; 609.344; 609.345; or 609.3451, subdivision 3; or
(iv) indecent exposure under section 617.23, subdivision 3;
or
(2) the person was charged with or petitioned for falsely
imprisoning a minor in violation of section 609.255, subdivision
2; soliciting a minor to engage in prostitution in violation of
section 609.322 or 609.324; soliciting a minor to engage in
sexual conduct in violation of section 609.352; using a minor in
a sexual performance in violation of section 617.246; or
possessing pictorial representations of minors pornographic work
involving a minor in violation of section 617.247, and convicted
of or adjudicated delinquent for that offense or another offense
arising out of the same set of circumstances; or
(3) the person was convicted of a predatory crime as
defined in section 609.108, and the offender was sentenced as a
patterned sex offender or the court found on its own motion or
that of the prosecutor that the crime was part of a predatory
pattern of behavior that had criminal sexual conduct as its
goal; or
(4) the person was convicted of or adjudicated delinquent
for violating a law of the United States similar to the offenses
described in clause (1), (2), or (3).
(b) A person also shall register under this section if:
(1) the person was convicted of or adjudicated delinquent
in another state for an offense that would be a violation of a
law described in paragraph (a) if committed in this state;
(2) the person enters the state as required in subdivision
3, paragraph (b); and
(3) ten years have not elapsed since the person was
released from confinement or, if the person was not confined,
since the person was convicted of or adjudicated delinquent for
the offense that triggers registration.
(c) A person also shall register under this section if the
person was committed pursuant to a court commitment order under
section 253B.185 or Minnesota Statutes 1992, section 526.10,
regardless of whether the person was convicted of any offense.
(d) A person also shall register under this section if:
(1) the person was charged with or petitioned for a felony
violation or attempt to violate any of the offenses listed in
paragraph (a), clause (1), or a similar law of another state or
federal jurisdiction, or the person was charged with or
petitioned for a violation of any of the offenses listed in
paragraph (a), clause (2), or a similar law of another state or
federal jurisdiction;
(2) the person was found not guilty by reason of mental
illness or mental deficiency after a trial for that offense, or
found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and
(3) the person was committed pursuant to a court commitment
order under section 253B.18 or a similar law of another state or
federal jurisdiction.
Sec. 29. Minnesota Statutes 1998, section 245A.04,
subdivision 3, is amended to read:
Subd. 3. [BACKGROUND STUDY OF THE APPLICANT.] (a) Before
the commissioner issues a license, the commissioner shall
conduct a study of the individuals specified in paragraph (c),
clauses (1) to (5), according to rules of the commissioner.
Beginning January 1, 1997, the commissioner shall also
conduct a study of employees providing direct contact services
for nonlicensed personal care provider organizations described
in paragraph (c), clause (5).
The commissioner shall recover the cost of these background
studies through a fee of no more than $12 per study charged to
the personal care provider organization.
Beginning August 1, 1997, the commissioner shall conduct
all background studies required under this chapter for adult
foster care providers who are licensed by the commissioner of
human services and registered under chapter 144D. The
commissioner shall conduct these background studies in
accordance with this chapter. The commissioner shall initiate a
pilot project to conduct up to 5,000 background studies under
this chapter in programs with joint licensure as home and
community-based services and adult foster care for people with
developmental disabilities when the license holder does not
reside in the foster care residence.
(b) Beginning July 1, 1998, the commissioner shall conduct
a background study on individuals specified in paragraph (c),
clauses (1) to (5), who perform direct contact services in a
nursing home or a home care agency licensed under chapter 144A
or a boarding care home licensed under sections 144.50 to
144.58, when the subject of the study resides outside Minnesota;
the study must be at least as comprehensive as that of a
Minnesota resident and include a search of information from the
criminal justice data communications network in the state where
the subject of the study resides.
(c) The applicant, license holder, the bureau of criminal
apprehension, the commissioner of health and county agencies,
after written notice to the individual who is the subject of the
study, shall help with the study by giving the commissioner
criminal conviction data and reports about the maltreatment of
adults substantiated under section 626.557 and the maltreatment
of minors in licensed programs substantiated under section
626.556. The individuals to be studied shall include:
(1) the applicant;
(2) persons over the age of 13 living in the household
where the licensed program will be provided;
(3) current employees or contractors of the applicant who
will have direct contact with persons served by the facility,
agency, or program;
(4) volunteers or student volunteers who have direct
contact with persons served by the program to provide program
services, if the contact is not directly supervised by the
individuals listed in clause (1) or (3); and
(5) any person who, as an individual or as a member of an
organization, exclusively offers, provides, or arranges for
personal care assistant services under the medical assistance
program as authorized under sections 256B.04, subdivision 16,
and 256B.0625, subdivision 19 19a.
The juvenile courts shall also help with the study by
giving the commissioner existing juvenile court records on
individuals described in clause (2) relating to delinquency
proceedings held within either the five years immediately
preceding the application or the five years immediately
preceding the individual's 18th birthday, whichever time period
is longer. The commissioner shall destroy juvenile records
obtained pursuant to this subdivision when the subject of the
records reaches age 23.
For purposes of this section and Minnesota Rules, part
9543.3070, a finding that a delinquency petition is proven in
juvenile court shall be considered a conviction in state
district court.
For purposes of this subdivision, "direct contact" means
providing face-to-face care, training, supervision, counseling,
consultation, or medication assistance to persons served by a
program. For purposes of this subdivision, "directly supervised"
means an individual listed in clause (1), (3), or (5) is within
sight or hearing of a volunteer to the extent that the
individual listed in clause (1), (3), or (5) is capable at all
times of intervening to protect the health and safety of the
persons served by the program who have direct contact with the
volunteer.
A study of an individual in clauses (1) to (5) shall be
conducted at least upon application for initial license and
reapplication for a license. The commissioner is not required
to conduct a study of an individual at the time of reapplication
for a license or if the individual has been continuously
affiliated with a foster care provider licensed by the
commissioner of human services and registered under chapter
144D, other than a family day care or foster care license, if:
(i) a study of the individual was conducted either at the time
of initial licensure or when the individual became affiliated
with the license holder; (ii) the individual has been
continuously affiliated with the license holder since the last
study was conducted; and (iii) the procedure described in
paragraph (d) has been implemented and was in effect
continuously since the last study was conducted. For the
purposes of this section, a physician licensed under chapter 147
is considered to be continuously affiliated upon the license
holder's receipt from the commissioner of health or human
services of the physician's background study results. For
individuals who are required to have background studies under
clauses (1) to (5) and who have been continuously affiliated
with a foster care provider that is licensed in more than one
county, criminal conviction data may be shared among those
counties in which the foster care programs are licensed. A
county agency's receipt of criminal conviction data from another
county agency shall meet the criminal data background study
requirements of this section.
The commissioner may also conduct studies on individuals
specified in clauses (3) and (4) when the studies are initiated
by:
(i) personnel pool agencies;
(ii) temporary personnel agencies;
(iii) educational programs that train persons by providing
direct contact services in licensed programs; and
(iv) professional services agencies that are not licensed
and which contract with licensed programs to provide direct
contact services or individuals who provide direct contact
services.
Studies on individuals in items (i) to (iv) must be
initiated annually by these agencies, programs, and
individuals. Except for personal care provider organizations,
no applicant, license holder, or individual who is the subject
of the study shall pay any fees required to conduct the study.
(1) At the option of the licensed facility, rather than
initiating another background study on an individual required to
be studied who has indicated to the licensed facility that a
background study by the commissioner was previously completed,
the facility may make a request to the commissioner for
documentation of the individual's background study status,
provided that:
(i) the facility makes this request using a form provided
by the commissioner;
(ii) in making the request the facility informs the
commissioner that either:
(A) the individual has been continuously affiliated with a
licensed facility since the individual's previous background
study was completed, or since October 1, 1995, whichever is
shorter; or
(B) the individual is affiliated only with a personnel pool
agency, a temporary personnel agency, an educational program
that trains persons by providing direct contact services in
licensed programs, or a professional services agency that is not
licensed and which contracts with licensed programs to provide
direct contact services or individuals who provide direct
contact services; and
(iii) the facility provides notices to the individual as
required in paragraphs (a) to (d), and that the facility is
requesting written notification of the individual's background
study status from the commissioner.
(2) The commissioner shall respond to each request under
paragraph (1) with a written or electronic notice to the
facility and the study subject. If the commissioner determines
that a background study is necessary, the study shall be
completed without further request from a licensed agency or
notifications to the study subject.
(3) When a background study is being initiated by a
licensed facility or a foster care provider that is also
registered under chapter 144D, a study subject affiliated with
multiple licensed facilities may attach to the background study
form a cover letter indicating the additional facilities' names,
addresses, and background study identification numbers. When
the commissioner receives such notices, each facility identified
by the background study subject shall be notified of the study
results. The background study notice sent to the subsequent
agencies shall satisfy those facilities' responsibilities for
initiating a background study on that individual.
(d) If an individual who is affiliated with a program or
facility regulated by the department of human services or
department of health or who is affiliated with a nonlicensed
personal care provider organization, is convicted of a crime
constituting a disqualification under subdivision 3d, the
probation officer or corrections agent shall notify the
commissioner of the conviction. The commissioner, in
consultation with the commissioner of corrections, shall develop
forms and information necessary to implement this paragraph and
shall provide the forms and information to the commissioner of
corrections for distribution to local probation officers and
corrections agents. The commissioner shall inform individuals
subject to a background study that criminal convictions for
disqualifying crimes will be reported to the commissioner by the
corrections system. A probation officer, corrections agent, or
corrections agency is not civilly or criminally liable for
disclosing or failing to disclose the information required by
this paragraph. Upon receipt of disqualifying information, the
commissioner shall provide the notifications required in
subdivision 3a, as appropriate to agencies on record as having
initiated a background study or making a request for
documentation of the background study status of the individual.
This paragraph does not apply to family day care and child
foster care programs.
(e) The individual who is the subject of the study must
provide the applicant or license holder with sufficient
information to ensure an accurate study including the
individual's first, middle, and last name; home address, city,
county, and state of residence for the past five years; zip
code; sex; date of birth; and driver's license number. The
applicant or license holder shall provide this information about
an individual in paragraph (c), clauses (1) to (5), on forms
prescribed by the commissioner. By January 1, 2000, for
background studies conducted by the department of human
services, the commissioner shall implement a system for the
electronic transmission of: (1) background study information to
the commissioner; and (2) background study results to the
license holder. The commissioner may request additional
information of the individual, which shall be optional for the
individual to provide, such as the individual's social security
number or race.
(f) Except for child foster care, adult foster care, and
family day care homes, a study must include information related
to names of substantiated perpetrators of maltreatment of
vulnerable adults that has been received by the commissioner as
required under section 626.557, subdivision 9c, paragraph (i),
and the commissioner's records relating to the maltreatment of
minors in licensed programs, information from juvenile courts as
required in paragraph (c) for persons listed in paragraph (c),
clause (2), and information from the bureau of criminal
apprehension. For child foster care, adult foster care, and
family day care homes, the study must include information from
the county agency's record of substantiated maltreatment of
adults, and the maltreatment of minors, information from
juvenile courts as required in paragraph (c) for persons listed
in paragraph (c), clause (2), and information from the bureau of
criminal apprehension. The commissioner may also review arrest
and investigative information from the bureau of criminal
apprehension, the commissioner of health, a county attorney,
county sheriff, county agency, local chief of police, other
states, the courts, or the Federal Bureau of Investigation if
the commissioner has reasonable cause to believe the information
is pertinent to the disqualification of an individual listed in
paragraph (c), clauses (1) to (5). The commissioner is not
required to conduct more than one review of a subject's records
from the Federal Bureau of Investigation if a review of the
subject's criminal history with the Federal Bureau of
Investigation has already been completed by the commissioner and
there has been no break in the subject's affiliation with the
license holder who initiated the background studies.
When the commissioner has reasonable cause to believe that
further pertinent information may exist on the subject, the
subject shall provide a set of classifiable fingerprints
obtained from an authorized law enforcement agency. For
purposes of requiring fingerprints, the commissioner shall be
considered to have reasonable cause under, but not limited to,
the following circumstances:
(1) information from the bureau of criminal apprehension
indicates that the subject is a multistate offender;
(2) information from the bureau of criminal apprehension
indicates that multistate offender status is undetermined; or
(3) the commissioner has received a report from the subject
or a third party indicating that the subject has a criminal
history in a jurisdiction other than Minnesota.
(g) An applicant's or license holder's failure or refusal
to cooperate with the commissioner is reasonable cause to
disqualify a subject, deny a license application or immediately
suspend, suspend, or revoke a license. Failure or refusal of an
individual to cooperate with the study is just cause for denying
or terminating employment of the individual if the individual's
failure or refusal to cooperate could cause the applicant's
application to be denied or the license holder's license to be
immediately suspended, suspended, or revoked.
(h) The commissioner shall not consider an application to
be complete until all of the information required to be provided
under this subdivision has been received.
(i) No person in paragraph (c), clause (1), (2), (3), (4),
or (5) who is disqualified as a result of this section may be
retained by the agency in a position involving direct contact
with persons served by the program.
(j) Termination of persons in paragraph (c), clause (1),
(2), (3), (4), or (5), made in good faith reliance on a notice
of disqualification provided by the commissioner shall not
subject the applicant or license holder to civil liability.
(k) The commissioner may establish records to fulfill the
requirements of this section.
(l) The commissioner may not disqualify an individual
subject to a study under this section because that person has,
or has had, a mental illness as defined in section 245.462,
subdivision 20.
(m) An individual subject to disqualification under this
subdivision has the applicable rights in subdivision 3a, 3b, or
3c.
Sec. 30. Minnesota Statutes 1998, section 256B.031,
subdivision 2, is amended to read:
Subd. 2. [SERVICES.] State contracts for these services
must assure recipients of at least the comprehensive health
services defined in sections 256B.02, subdivision 8, and
256B.0625, except services defined in section 256B.0625,
subdivisions 2, 5, 18, and 19 19a, and except services defined
as chemical dependency services and mental health services.
Contracts under this section must include provision for
assessing pregnant women to determine their risk of poor
pregnancy outcome. Contracts must also include provision for
treatment of women found to be at risk of poor pregnancy outcome.
Sec. 31. Minnesota Statutes 1998, section 257.34,
subdivision 1, is amended to read:
Subdivision 1. [ACKNOWLEDGMENT BY PARENTS.] The mother and
father of a child born to a mother who was not married to the
child's father when the child was conceived nor when the child
was born may, in a writing signed by both of them before a
notary public, declare and acknowledge under oath that they are
the biological parents of the child. The declaration may
provide that any such child born to the mother at any time
before or up to ten months after the date of execution of the
declaration is the biological child of the signatories.
Execution of the declaration shall:
(a) have the same consequences as an acknowledgment by the
signatories of parentage of the child for the purposes of
sections 62A.041 and 62C.14, subdivision 5a;
(b) be conclusive evidence that the signatories are parents
of the child for the purposes of sections 176.111, 197.75, and
197.752;
(c) create a presumption that the signatory is the
biological father of the child for the purposes of sections
257.51 to 257.74;
(d) when timely filed with the division of vital statistics
of the Minnesota department of health as provided in section
259.51 259.52, qualify as an affidavit stating the intention of
the signatories to retain parental rights as provided in section
259.51 259.52 if it contains the information required by section
259.51 259.52 or rules promulgated thereunder;
(e) have the same consequences as a writing declaring
paternity of the child for the purposes of section 524.2-109;
and
(f) be conclusive evidence that the signatories are parents
of the child for the purposes of chapter 573.
Sec. 32. Minnesota Statutes 1999 Supplement, section
259.47, subdivision 8, is amended to read:
Subd. 8. [FAILURE TO EXECUTE CONSENTS.] With the exception
of cases where a person receives notice under section 259.24,
subdivision 2a, if a birth parent whose consent is required
under section 259.24 does not execute a consent by the end of
the period specified in section 259.24, subdivision 2a, the
agency which is supervising the placement shall notify the court
and the court shall issue an order regarding continued placement
of the child. The court shall order the local social services
agency to determine whether to commence proceedings for
termination of parental rights on grounds of abandonment as
defined in section 260C.301. The court may disregard the six-
and 12-month requirements of section 260.221 260C.301, in
finding abandonment if the birth parent has failed to execute a
consent within the time required under this section and has made
no effort to obtain custody of the child.
Sec. 33. Minnesota Statutes 1999 Supplement, section
260B.007, subdivision 20, is amended to read:
Subd. 20. [INDIAN CHILD.] "Indian child," consistent with
section 257.755 260.755, subdivision 8, means an unmarried
person who is under age 18 and is:
(1) a member of an Indian tribe; or
(2) eligible for membership in an Indian tribe.
Sec. 34. Minnesota Statutes 1999 Supplement, section
260C.007, subdivision 19, is amended to read:
Subd. 19. [HABITUAL TRUANT.] "Habitual truant" means a
child under the age of 16 years who is absent from attendance at
school without lawful excuse for seven school days if the child
is in elementary school or for one or more class periods on
seven school days if the child is in middle school, junior high
school, or high school, or a child who is 16 or 17 years of age
who is absent from attendance at school without lawful excuse
for one or more class periods on seven school days and who has
not lawfully withdrawn from school under section 120A.22,
subdivision 6 8.
Sec. 35. Minnesota Statutes 1999 Supplement, section
260C.163, subdivision 11, is amended to read:
Subd. 11. [PRESUMPTIONS REGARDING TRUANCY OR EDUCATIONAL
NEGLECT.] A child's absence from school is presumed to be due to
the parent's, guardian's, or custodian's failure to comply with
compulsory instruction laws if the child is under 12 years old
and the school has made appropriate efforts to resolve the
child's attendance problems; this presumption may be rebutted
based on a showing by clear and convincing evidence that the
child is habitually truant. A child's absence from school
without lawful excuse, when the child is 12 years old or older,
is presumed to be due to the child's intent to be absent from
school; this presumption may be rebutted based on a showing by
clear and convincing evidence that the child's absence is due to
the failure of the child's parent, guardian, or custodian to
comply with compulsory instruction laws, sections 120.101
120A.22 and 120.102 120A.24.
Sec. 36. Minnesota Statutes 1999 Supplement, section
260C.176, subdivision 1, is amended to read:
Subdivision 1. [NOTICE; RELEASE.] If a child is taken into
custody as provided in section 260C.175, the parent, guardian,
or custodian of the child shall be notified as soon as possible.
Unless there is reason to believe that the child would endanger
self or others, not return for a court hearing, run away from
the child's parent, guardian, or custodian or otherwise not
remain in the care or control of the person to whose lawful
custody the child is released, or that the child's health or
welfare would be immediately endangered, the child shall be
released to the custody of a parent, guardian, custodian, or
other suitable person. When a child is taken into custody by a
peace officer under section 260C.175, subdivision 1,
clause (c)(2) (b)(2), release from detention may be authorized
by the detaining officer, the detaining officer's supervisor, or
the county attorney. If the social services agency has
determined that the child's health or welfare will not be
endangered and the provision of appropriate and available
services will eliminate the need for placement, the agency shall
request authorization for the child's release from detention.
The person to whom the child is released shall promise to bring
the child to the court, if necessary, at the time the court may
direct. If the person taking the child into custody believes it
desirable, that person may request the parent, guardian,
custodian, or other person designated by the court to sign a
written promise to bring the child to court as provided above.
The intentional violation of such a promise, whether given
orally or in writing, shall be punishable as contempt of court.
The court may require the parent, guardian, custodian, or
other person to whom the child is released, to post any
reasonable bail or bond required by the court which shall be
forfeited to the court if the child does not appear as
directed. The court may also release the child on the child's
own promise to appear in juvenile court.
Sec. 37. Minnesota Statutes 1999 Supplement, section
260C.176, subdivision 2, is amended to read:
Subd. 2. [REASONS FOR DETENTION.] (a) If the child is not
released as provided in subdivision 1, the person taking the
child into custody shall notify the court as soon as possible of
the detention of the child and the reasons for detention.
(b) No child taken into custody and placed in a shelter
care facility or relative's home by a peace officer pursuant to
section 260C.175, subdivision 1, clause (a) or (c)(2) (b)(2),
may be held in custody longer than 72 hours, excluding
Saturdays, Sundays and holidays, unless a petition has been
filed and the judge or referee determines pursuant to section
260C.178 that the child shall remain in custody or unless the
court has made a finding of domestic abuse perpetrated by a
minor after a hearing under Laws 1997, chapter 239, article 10,
sections 2 to 26, in which case the court may extend the period
of detention for an additional seven days, within which time the
social services agency shall conduct an assessment and shall
provide recommendations to the court regarding voluntary
services or file a child in need of protection or services
petition.
Sec. 38. Minnesota Statutes 1999 Supplement, section
260C.178, subdivision 3, is amended to read:
Subd. 3. [PARENTAL VISITATION.] If a child has been taken
into custody under section 260C.151, subdivision 5, or 260C.175,
subdivision 1, clause (c)(2) (b)(2), and the court determines
that the child should continue in detention, the court shall
include in its order reasonable rules for supervised or
unsupervised parental visitation of the child in the shelter
care facility unless it finds that visitation would endanger the
child's physical or emotional well-being.
Sec. 39. Minnesota Statutes 1999 Supplement, section
260C.181, subdivision 2, is amended to read:
Subd. 2. [LEAST RESTRICTIVE SETTING.] Notwithstanding the
provisions of subdivision 1, if the child had been taken into
custody pursuant to section 260C.175, subdivision 1, clause (a)
or clause (c)(2) (b)(2), and is not alleged to be delinquent,
the child shall be detained in the least restrictive setting
consistent with the child's health and welfare and in closest
proximity to the child's family as possible. Placement may be
with a child's relative, a designated caregiver under chapter
257A, or in a shelter care facility. The placing officer shall
comply with this section and shall document why a less
restrictive setting will or will not be in the best interests of
the child for placement purposes.
Sec. 40. Minnesota Statutes 1999 Supplement, section
260C.201, subdivision 11, is amended to read:
Subd. 11. [REVIEW OF COURT ORDERED PLACEMENTS; PERMANENT
PLACEMENT DETERMINATION.] (a) Except for cases where the child
is in placement due solely to the child's status as
developmentally delayed under United States Code, title 42,
section 6001(7), or emotionally handicapped under section 252.27
and where custody has not been transferred to the responsible
social services agency, the court shall conduct a hearing to
determine the permanent status of a child not later than 12
months after the child is placed out of the home of the parent,
except that if the child was under eight years of age at the
time the petition was filed, the hearing must be conducted no
later than six months after the child is placed out of the home
of the parent.
For purposes of this subdivision, the date of the child's
placement out of the home of the parent is the earlier of the
first court-ordered placement or 60 days after the date on which
the child has been voluntarily placed out of the home.
For purposes of this subdivision, 12 months is calculated
as follows:
(1) during the pendency of a petition alleging that a child
is in need of protection or services, all time periods when a
child is placed out of the home of the parent are cumulated;
(2) if a child has been placed out of the home of the
parent within the previous five years, the lengths of all prior
time periods when the child was placed out of the home within
the previous five years are cumulated. If a child under this
clause has been out of the home for 12 months or more, the
court, if it is in the best interests of the child and for
compelling reasons, may extend the total time the child may
continue out of the home under the current petition up to an
additional six months before making a permanency determination.
(b) Unless the responsible social services agency
recommends return of the child to the custodial parent or
parents, not later than 30 days prior to this hearing, the
responsible social services agency shall file pleadings in
juvenile court to establish the basis for the juvenile court to
order permanent placement of the child according to paragraph
(d). Notice of the hearing and copies of the pleadings must be
provided pursuant to section 260C.152. If a termination of
parental rights petition is filed before the date required for
the permanency planning determination and there is a trial under
section 260C.163 scheduled on that petition within 90 days of
the filing of the petition, no hearing need be conducted under
this subdivision.
(c) At the conclusion of the hearing, the court shall order
the child returned home or order a permanent placement in the
child's best interests. The "best interests of the child" means
all relevant factors to be considered and evaluated.
(d) At a hearing under this subdivision, if the child was
under eight years of age at the time the petition was filed
alleging the child in need of protection or services, the court
shall review the progress of the case and the case plan,
including the provision of services. The court may order the
local social services agency to show cause why it should not
file a termination of parental rights petition. Cause may
include, but is not limited to, the following conditions:
(1) the parents or guardians have maintained regular
contact with the child, the parents are complying with the
court-ordered case plan, and the child would benefit from
continuing this relationship;
(2) grounds for termination under section 260C.301 do not
exist; or
(3) the permanent plan for the child is transfer of
permanent legal and physical custody to a relative. When the
permanent plan for the child is transfer of permanent legal and
physical custody to a relative, a petition supporting the plan
shall be filed in juvenile court within 30 days of the hearing
required under this subdivision and a hearing on the petition
held within 30 days of the filing of the pleadings.
(e) If the child is not returned to the home, the court
must order one of the following dispositions:
(1) permanent legal and physical custody to a relative in
the best interests of the child. In transferring permanent
legal and physical custody to a relative, the juvenile court
shall follow the standards and procedures applicable under this
chapter, chapter 260, or chapter 518. An order establishing
permanent legal or physical custody under this subdivision must
be filed with the family court. A transfer of legal and
physical custody includes responsibility for the protection,
education, care, and control of the child and decision making on
behalf of the child. The social services agency may petition on
behalf of the proposed custodian;
(2) termination of parental rights; unless the social
services agency has already filed a petition for termination of
parental rights under section 260C.307, the court may order such
a petition filed and all the requirements of sections 260C.301
to 260C.328 remain applicable. An adoption completed subsequent
to a determination under this subdivision may include an
agreement for communication or contact under section 259.58; or
(3) long-term foster care; transfer of legal custody and
adoption are preferred permanency options for a child who cannot
return home. The court may order a child into long-term foster
care only if it finds that neither an award of legal and
physical custody to a relative, nor termination of parental
rights nor adoption is in the child's best interests. Further,
the court may only order long-term foster care for the child
under this section if it finds the following:
(i) the child has reached age 12 and reasonable efforts by
the responsible social services agency have failed to locate an
adoptive family for the child; or
(ii) the child is a sibling of a child described in clause
(i) and the siblings have a significant positive relationship
and are ordered into the same long-term foster care home; or
(4) foster care for a specified period of time may be
ordered only if:
(i) the sole basis for an adjudication that the child is in
need of protection or services is the child's behavior; and
(ii) the court finds that foster care for a specified
period of time is in the best interests of the child.
(f) In ordering a permanent placement of a child, the court
must be governed by the best interests of the child, including a
review of the relationship between the child and relatives and
the child and other important persons with whom the child has
resided or had significant contact.
(g) Once a permanent placement determination has been made
and permanent placement has been established, further court
reviews and dispositional hearings are only necessary if the
placement is made under paragraph (d) (e), clause (4), review is
otherwise required by federal law, an adoption has not yet been
finalized, or there is a disruption of the permanent or
long-term placement.
(h) An order under this subdivision must include the
following detailed findings:
(1) how the child's best interests are served by the order;
(2) the nature and extent of the responsible social service
agency's reasonable efforts, or, in the case of an Indian child,
active efforts to reunify the child with the parent or parents;
(3) the parent's or parents' efforts and ability to use
services to correct the conditions which led to the out-of-home
placement; and
(4) whether the conditions which led to the out-of-home
placement have been corrected so that the child can return home.
(i) An order for permanent legal and physical custody of a
child may be modified under sections 518.18 and 518.185. The
social services agency is a party to the proceeding and must
receive notice. An order for long-term foster care is
reviewable upon motion and a showing by the parent of a
substantial change in the parent's circumstances such that the
parent could provide appropriate care for the child and that
removal of the child from the child's permanent placement and
the return to the parent's care would be in the best interest of
the child.
(j) The court shall issue an order required under this
section within 15 days of the close of the proceedings. The
court may extend issuing the order an additional 15 days when
necessary in the interests of justice and the best interests of
the child.
Sec. 41. Minnesota Statutes 1999 Supplement, section
260C.213, subdivision 1, is amended to read:
Subdivision 1. [PROGRAM; GOALS.] (a) The commissioner of
human services shall establish a program for concurrent
permanency planning for child protection services.
(b) Concurrent permanency planning involves a planning
process for children who are placed out of the home of their
parents pursuant to a court order, or who have been voluntarily
placed out of the home by the parents for 60 days or more and
who are not developmentally disabled or emotionally handicapped
under section 212C.212 260C.212, subdivision 9. The local
social services agency shall develop an alternative permanency
plan while making reasonable efforts for reunification of the
child with the family, if required by section 260.012. The
goals of concurrent permanency planning are to:
(1) achieve early permanency for children;
(2) decrease children's length of stay in foster care and
reduce the number of moves children experience in foster care;
and
(3) develop a group of families who will work towards
reunification and also serve as permanent families for children.
Sec. 42. Minnesota Statutes 1998, section 270.101,
subdivision 1, is amended to read:
Subdivision 1. [LIABILITY IMPOSED.] A person who, either
singly or jointly with others, has the control of, supervision
of, or responsibility for filing returns or reports, paying
taxes, or collecting or withholding and remitting taxes and who
fails to do so, or a person who is liable under any other law,
is liable for the payment of taxes, penalties, and interest
arising under chapters 295, 296A, 297 297F, 297A, and 297C 297G,
or sections 290.92 and 297E.02.
Sec. 43. Minnesota Statutes 1998, section 273.1398,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) In this section, the
terms defined in this subdivision have the meanings given them.
(b) "Unique taxing jurisdiction" means the geographic area
subject to the same set of local tax rates.
(c) "Previous net tax capacity" means the product of the
appropriate net class rates for the year previous to the year in
which the aid is payable, and estimated market values for the
assessment two years prior to that in which aid is payable.
"Total previous net tax capacity" means the previous net tax
capacities for all property within the unique taxing
jurisdiction. The total previous net tax capacity shall be
reduced by the sum of (1) the unique taxing jurisdiction's
previous net tax capacity of commercial-industrial property as
defined in section 473F.02, subdivision 3, or 276A.01,
subdivision 3, multiplied by the ratio determined pursuant to
section 473F.08, subdivision 6, or 276A.06, subdivision 7, for
the municipality, as defined in section 473F.02, subdivision 8,
or 276A.01, subdivision 8, in which the unique taxing
jurisdiction is located, (2) the previous net tax capacity of
the captured value of tax increment financing districts as
defined in section 469.177, subdivision 2, and (3) the previous
net tax capacity of transmission lines deducted from a local
government's total net tax capacity under section 273.425.
Previous net tax capacity cannot be less than zero.
(d) "Equalized market values" are market values that have
been equalized by dividing the assessor's estimated market value
for the second year prior to that in which the aid is payable by
the assessment sales ratios determined by class in the
assessment sales ratio study conducted by the department of
revenue pursuant to section 127A.48 in the second year prior to
that in which the aid is payable. The equalized market values
shall equal the unequalized market values divided by the
assessment sales ratio.
(e) "Equalized school levies" means the amounts levied for:
(1) general education under section 126C.13, subdivision 2;
(2) supplemental revenue under section 126C.10, subdivision
10;
(3) transition revenue under section 126C.10, subdivision
20; and
(4) basic transportation under section 124.226, subdivision
1; and
(5) referendum revenue under section 126C.17.
(f) "Current local tax rate" means the quotient derived by
dividing the taxes levied within a unique taxing jurisdiction
for taxes payable in the year prior to that for which aids are
being calculated by the total previous net tax capacity of the
unique taxing jurisdiction.
(g) For purposes of calculating and allocating homestead
and agricultural credit aid authorized pursuant to subdivision 2
and the disparity reduction aid authorized in subdivision 3,
"gross taxes levied on all properties," "gross taxes," or "taxes
levied" means the total net tax capacity based taxes levied on
all properties except that levied on the captured value of tax
increment districts as defined in section 469.177, subdivision
2, and that levied on the portion of commercial industrial
properties' assessed value or gross tax capacity, as defined in
section 473F.02, subdivision 3, subject to the areawide tax as
provided in section 473F.08, subdivision 6, in a unique taxing
jurisdiction. "Gross taxes" are before any reduction for
disparity reduction aid but "taxes levied" are after any
reduction for disparity reduction aid. Gross taxes levied or
taxes levied cannot be less than zero.
"Taxes levied" excludes equalized school levies.
(h) "Household adjustment factor" means the number of
households, for the year most recently determined as of July 1
in the aid calculation year, divided by the number of households
for the year immediately preceding the year for which the number
of households has most recently been determined as of July 1.
The household adjustment factor cannot be less than one.
(i) "Growth adjustment factor" means the household
adjustment factor in the case of counties. In the case of
cities, towns, school districts, and special taxing districts,
the growth adjustment factor equals one. The growth adjustment
factor cannot be less than one.
(j) "Homestead and agricultural credit base" means the
previous year's certified homestead and agricultural credit aid
determined under subdivision 2 less any permanent aid reduction
in the previous year to homestead and agricultural credit aid.
(k) "Net tax capacity adjustment" means (1) the tax base
differential defined in subdivision 1a, multiplied by (2) the
unique taxing jurisdiction's current local tax rate. The net
tax capacity adjustment cannot be less than zero.
(l) "Fiscal disparity adjustment" means a taxing
jurisdiction's fiscal disparity distribution levy under section
473F.08, subdivision 3, clause (a), or 276A.06, subdivision 3,
clause (a), for taxes payable in the year prior to that for
which aids are being calculated, multiplied by the ratio of the
tax base differential percent referenced in subdivision 1a for
the highest class rate for class 3 property for taxes payable in
the year prior to that for which aids are being calculated to
the highest class rate for class 3 property for taxes payable in
the second prior year to that for which aids are being
calculated. In the case of school districts, the fiscal
disparity distribution levy shall exclude that part of the levy
attributable to equalized school levies.
Sec. 44. Minnesota Statutes 1998, section 275.065,
subdivision 3a, is amended to read:
Subd. 3a. [CONSTANT SPENDING LEVY AMOUNT.] (a) For
purposes of this section, "constant spending levy amount" for a
county, city, town, or special taxing district means the
property tax levy that the taxing authority would need to levy
so that the sum of (i) its levy, including its fiscal
disparities distribution levy under section 276A.06, subdivision
3, clause (a), or 473F.08, subdivision 3, clause (a), plus (ii)
its property tax aid amounts, would remain constant from the
current year to the proposed year, taking into account the
fiscal disparities distribution levy amounts and the property
tax aid amounts that have been certified for the proposed year.
For the purposes of this paragraph, property tax aids include
homestead and agricultural credit aid under section 273.1398,
subdivision 2, local government aid under section 477A.013,
local performance aid under section 477A.05, county criminal
justice aid under section 477A.0121, and family preservation aid
under section 477A.0122.
(b) For the state determined school tax, "constant spending
levy amount" is the same as the proposed tax.
(c) For the voter approved school levy, "constant spending
levy amount" is the result of the following computation: (i)
compute the current year's revenue per pupil in average daily
membership as the ratio of the voter approved referendum and
debt service levy plus aid revenue to the number of pupils in
average daily membership, as estimated at the time of levy
certification the previous December; (ii) compute the proposed
year's levy ratio as ratio of the proposed year's levy
limitation for voter approved referendum and debt service
revenue to the maximum referendum and debt service levy plus aid
revenue for the proposed year, at the time of proposed levy
certification in September; and (iii) compute the "constant
spending levy amount" as the product of the current year's
revenue per pupil from clause (i) times the proposed year's levy
ratio from clause (ii) times the proposed year's pupils in
average daily membership.
(d) For the sum of all other school levies not included in
paragraph (b) or (c), "constant spending levy amount" is the
result of the following computation: (i) compute the current
year's revenue per pupil in average daily membership as the
ratio of the levy plus associated aid revenue to the number of
pupils in average daily membership, as estimated at the time of
levy certification the previous December; (ii) compute the
proposed year's levy ratio as ratio of the proposed year's levy
limitation to the maximum levy plus associated aid revenue for
the proposed year, estimated at the time of proposed levy
certification in September; and (iii) compute the "constant
spending levy amount" as the product of the current year's
revenue per pupil from clause (i) times the proposed year's levy
ratio from clause (ii) times the proposed year's pupils in
average daily membership.
(e) Each year, the commissioner of children, families, and
learning must compute and report to the county auditor each
school district's constant spending levy amounts by September
30. In no case shall a constant spending levy amount be less
than $0. For the purposes of this subdivision, school homestead
and agricultural credit aid under section 273.1398, subdivision
2, shall be included in the other school levy category. For
purposes of this subdivision, the school fiscal disparities
distribution levy shall be apportioned proportionately among
levy categories.
(f) For the tax increment financing tax, and the fiscal
disparities tax, the "constant spending levy amount" is the same
as the proposed tax.
Sec. 45. Minnesota Statutes 1998, section 275.16, is
amended to read:
275.16 [COUNTY AUDITOR TO FIX AMOUNT OF LEVY.]
If any such municipality shall return to the county auditor
a levy greater than permitted by chapters 123A, 123B, 124B,
126C, 136C, 136D, sections 275.124 to 275.16, and sections
275.70 to 275.74, such county auditor shall extend only such
amount of taxes as the limitations herein prescribed will
permit; provided, if such levy shall include any levy for the
payment of bonded indebtedness or judgments, such levies for
bonded indebtedness or judgments shall be extended in full, and
the remainder of the levies shall be reduced so that the total
thereof, including levies for bonds and judgments, shall not
exceed such amount as the limitations herein prescribed will
permit.
Sec. 46. Minnesota Statutes 1998, section 281.21, is
amended to read:
281.21 [NOTICE OF EXPIRATION OF REDEMPTION.]
Notice of expiration of the time for redemption of any
parcel of lands sold to an actual purchaser at any tax judgment
sale hereafter held, or bid in for the state at any such sale
and thereafter assigned to an actual purchaser, shall be given
and served as provided by section 281.13 281.23. Such notice
may be issued and served at any time not earlier than 60 days
before the expiration of the stated period of redemption of such
parcel from such sale. The time for redemption of any such
parcel from such sale shall expire 60 days after the service of
such notice and the filing of proof thereof in the office of the
county auditor.
Sec. 47. Minnesota Statutes 1998, section 281.22, is
amended to read:
281.22 [COUNTY AUDITOR TO GIVE NOTICE.]
In case any parcel of land bid in for the state at any tax
judgment sale heretofore held has not been sold or assigned to
an actual purchaser by one year before the expiration of the
stated period of redemption of such parcel, it shall be the duty
of the county auditor thereupon forthwith to give notice of
expiration of the time for redemption of such parcel, as herein
provided. Subject to the provisions of section 281.20, so far
as applicable, Such notice shall be given and all other things
done with respect to all such parcels, as provided by section
281.23, except that the notice shall state that the time for
redemption will expire one year after service of notice and the
filing of proof thereof, instead of 60 days. Otherwise, all the
provisions of section 281.23 shall apply to and govern the
corresponding matters under this section.
The time for redemption of any parcel of land as to which
notice of expiration has been given, as provided in this
section, shall expire one year after the giving of such notice
and the filing of proof thereof in the office of the county
auditor, unless such parcel shall theretofore be assigned to an
actual purchaser, as herein provided.
Sec. 48. Minnesota Statutes 1998, section 287.28, is
amended to read:
287.28 [REFUNDS OR REDEMPTION.]
(a) The county treasurer may refund in whole or in part any
tax which has been erroneously paid and may allow for or redeem
such of the stamps, issued under the authority of sections
287.21 287.20 to 287.36 287.31 as may have been spoiled,
destroyed, or rendered useless or unfit for the purpose intended
or for which the owner may have no use or which through mistake
may have been improperly or unnecessarily used. Such order
shall be made only upon written application of the taxpayer.
(b) A person having paid a deed tax amount may seek a
refund of the tax, or other appropriate relief, by commencing an
action in tax court in the county where the tax was paid, within
60 days of the payment. The action is commenced by serving a
petition for relief on the county treasurer, and filing a copy
with the court. The county attorney shall defend the action.
The county treasurer shall notify the treasurer of each county
that has, or would receive a portion of the tax as paid. Any
refund of deed tax which the county treasurer determines should
be made, and any court ordered refund of deed tax, shall be
accomplished using the refund procedures in section 287.08.
Sec. 49. Minnesota Statutes 1999 Supplement, section
287.29, subdivision 1, is amended to read:
Subdivision 1. [APPOINTMENT AND PAYMENT OF TAX PROCEEDS.]
(a) The proceeds of the taxes levied and collected under
sections 287.21 to 287.36 287.39 must be apportioned, 97 percent
to the general fund of the state, and three percent to the
county revenue fund.
(b) On or before the 20th day of each month, the county
treasurer shall determine and pay to the commissioner of revenue
for deposit in the state treasury and credit to the general fund
the state's portion of the receipts for deed tax from the
preceding month subject to the electronic transfer requirements
of section 270.771. The county treasurer shall provide any
related reports requested by the commissioner of revenue.
Sec. 50. Minnesota Statutes 1999 Supplement, section
290.01, subdivision 19b, is amended to read:
Subd. 19b. [SUBTRACTIONS FROM FEDERAL TAXABLE INCOME.] For
individuals, estates, and trusts, there shall be subtracted from
federal taxable income:
(1) interest income on obligations of any authority,
commission, or instrumentality of the United States to the
extent includable in taxable income for federal income tax
purposes but exempt from state income tax under the laws of the
United States;
(2) if included in federal taxable income, the amount of
any overpayment of income tax to Minnesota or to any other
state, for any previous taxable year, whether the amount is
received as a refund or as a credit to another taxable year's
income tax liability;
(3) the amount paid to others, less the credit allowed
under section 290.0674, not to exceed $1,625 for each qualifying
child in grades kindergarten to 6 and $2,500 for each qualifying
child in grades 7 to 12, for tuition, textbooks, and
transportation of each qualifying child in attending an
elementary or secondary school situated in Minnesota, North
Dakota, South Dakota, Iowa, or Wisconsin, wherein a resident of
this state may legally fulfill the state's compulsory attendance
laws, which is not operated for profit, and which adheres to the
provisions of the Civil Rights Act of 1964 and chapter 363. For
the purposes of this clause, "tuition" includes fees or tuition
as defined in section 290.0674, subdivision 1, clause (1). As
used in this clause, "textbooks" includes books and other
instructional materials and equipment used in elementary and
secondary schools in teaching only those subjects legally and
commonly taught in public elementary and secondary schools in
this state. Equipment expenses qualifying for deduction
includes expenses as defined and limited in section 290.0674,
subdivision 1, clause (3). "Textbooks" does not include
instructional books and materials used in the teaching of
religious tenets, doctrines, or worship, the purpose of which is
to instill such tenets, doctrines, or worship, nor does it
include books or materials for, or transportation to,
extracurricular activities including sporting events, musical or
dramatic events, speech activities, driver's education, or
similar programs. For purposes of the subtraction provided by
this clause, "qualifying child" has the meaning given in section
32(c)(3) of the Internal Revenue Code;
(4) contributions made in taxable years beginning after
December 31, 1981, and before January 1, 1985, to a qualified
governmental pension plan, an individual retirement account,
simplified employee pension, or qualified plan covering a
self-employed person that were included in Minnesota gross
income in the taxable year for which the contributions were made
but were deducted or were not included in the computation of
federal adjusted gross income, less any amount allowed to be
subtracted as a distribution under this subdivision or a
predecessor provision in taxable years that began before January
1, 2000. This subtraction applies only for taxable years
beginning after December 31, 1999, and before January 1, 2001;
(5) income as provided under section 290.0802;
(6) the amount of unrecovered accelerated cost recovery
system deductions allowed under subdivision 19g;
(7) to the extent included in federal adjusted gross
income, income realized on disposition of property exempt from
tax under section 290.491;
(8) to the extent not deducted in determining federal
taxable income, the amount paid for health insurance of
self-employed individuals as determined under section 162(l) of
the Internal Revenue Code, except that the percent limit does
not apply. If the taxpayer deducted insurance payments under
section 213 of the Internal Revenue Code of 1986, the
subtraction under this clause must be reduced by the lesser of:
(i) the total itemized deductions allowed under section
63(d) of the Internal Revenue Code, less state, local, and
foreign income taxes deductible under section 164 of the
Internal Revenue Code and the standard deduction under section
63(c) of the Internal Revenue Code; or
(ii) the lesser of (A) the amount of insurance qualifying
as "medical care" under section 213(d) of the Internal Revenue
Code to the extent not deducted under section 162(1) of the
Internal Revenue Code or excluded from income or (B) the total
amount deductible for medical care under section 213(a);
(9) the exemption amount allowed under Laws 1995, chapter
255, article 3, section 2, subdivision 3;
(10) to the extent included in federal taxable income,
postservice benefits for youth community service under section
124D.42 for volunteer service under United States Code, title
42, section 5011(d), as amended sections 12601 to 12604;
(11) to the extent not deducted in determining federal
taxable income by an individual who does not itemize deductions
for federal income tax purposes for the taxable year, an amount
equal to 50 percent of the excess of charitable contributions
allowable as a deduction for the taxable year under section
170(a) of the Internal Revenue Code over $500; and
(12) to the extent included in federal taxable income,
holocaust victims' settlement payments for any injury incurred
as a result of the holocaust, if received by an individual who
was persecuted for racial or religious reasons by Nazi Germany
or any other Axis regime or an heir of such a person.
Sec. 51. Minnesota Statutes 1998, section 290.0802,
subdivision 2, is amended to read:
Subd. 2. [SUBTRACTION.] (a) A qualified individual is
allowed a subtraction from federal taxable income for the
greater of (1) the individual's subtraction base amount or (2)
the minimum amount. The excess of the subtraction base amount
over the taxable net income computed without regard to the
subtraction for the elderly or disabled under section 290.01,
subdivision 19b, clause (5), may be used to reduce the amount of
a lump sum distribution subject to tax under section 290.032.
(b)(1) The initial subtraction base amount equals
(i) $12,000 for a married taxpayer filing a joint return if
a spouse is a qualified individual,
(ii) $9,600 for a single taxpayer, and
(iii) $6,000 for a married taxpayer filing a separate
federal return.
(2) The qualified individual's initial subtraction base
amount, then, must be reduced by the sum of nontaxable
retirement and disability benefits and one-half of the amount of
adjusted gross income in excess of the following thresholds:
(i) $18,000 for a married taxpayer filing a joint return if
both spouses are qualified individuals,
(ii) $14,500 for a single taxpayer or for a married couple
filing a joint return if only one spouse is a qualified
individual, and
(iii) $9,000 for a married taxpayer filing a separate
federal return.
(3) In the case of a qualified individual who is under the
age of 65, the maximum amount of the subtraction base may not
exceed the taxpayer's disability income.
(4) The resulting amount is the subtraction base amount.
(c) Qualified individuals who must include social security
benefits above the second federal threshold in federal taxable
income may claim a minimum amount equal to the lesser of
(1) the amount of social security benefits above the second
federal threshold included in federal taxable income; or
(2) a minimum amount subject to an income phase-out.
For taxable years beginning after December 31, 1993, and
before January 1, 1995, the minimum amount equals
(i) $3,750 for married individuals filing a joint return if
both spouses are qualified individuals,
(ii) $3,000 for a single taxpayer or for married
individuals filing a joint return if one spouse is a qualified
individual, and
(iii) $1,875 for a married individual filing a separate
return.
For taxable years beginning after December 31, 1994, and
before January 1, 1996, the minimum amount equals
(i) $2,250 for married individuals filing a joint return if
both spouses are qualified individuals,
(ii) $1,800 for a single taxpayer or for married
individuals filing a joint return if one spouse is a qualified
individual, and
(iii) $1,125 for married individuals filing a separate
return.
For taxable years beginning after December 31, 1995, and
before January 1, 1997, the minimum amount equals
(i) $1,000 for married individuals filing a joint return if
both spouses are qualified individuals,
(ii) $800 for a single taxpayer or for married individuals
filing a joint return if one spouse is a qualified individual,
and
(iii) $500 for married individuals filing a separate return.
For taxable years beginning after December 31, 1996, the
minimum amount is zero.
The minimum amount is reduced by 20 percent for each $1,000
of adjusted gross income above an income threshold, but in no
case may the minimum amount be reduced to less than zero. The
income thresholds equal
(i) $75,000 for married individuals filing a joint return
if both spouses are qualified individuals,
(ii) $60,000 for single taxpayers and for married
individuals filing a joint return if only one spouse is a
qualified individual, and
(iii) $37,500 for married individuals filing a separate
return.
Sec. 52. Minnesota Statutes 1998, section 299A.02, is
amended to read:
299A.02 [COMMISSIONERS OF PUBLIC SAFETY AND REVENUE; LIQUOR
CONTROL FUNCTIONS.]
Subdivision 1. [CONFLICT OF INTEREST.] No employee of the
department of public safety or the department of revenue having
any responsibility for the administration or enforcement of
chapter 297C 297G or 340A shall have a direct or indirect
interest, except through ownership or investment in pension or
mutual funds, in the manufacture, transportation or sale of
intoxicating liquor or any malt or vinous beverages,
intoxicating, nonintoxicating, or commercial or industrial
alcohol. The commissioner of public safety or the commissioner
of revenue may remove an employee in the unclassified civil
service for any intentional violation of any provision of
chapter 297C 297G or 340A. Intentional violation of a provision
of chapter 297C 297G or 340A by a classified employee of one of
the departments may be grounds for removal of that employee
pursuant to section 43A.33.
Subd. 2. [GENERAL POWERS.] The commissioner shall
administer and enforce the provisions of chapters 297C 297G and
340A through the director of alcohol and gambling enforcement,
except for those provisions thereof for which administration and
enforcement are reserved to the commissioner of revenue.
Subd. 3. [REPORTS; RULES.] The commissioner shall have
power to require periodic factual reports from all licensed
importers, manufacturers, wholesalers and retailers of
intoxicating liquors and to make all reasonable rules to effect
the object of chapters 297C 297G and 340A. The rules shall
include provisions for assuring the purity of intoxicating
liquors and the true statement of its contents and proper
labeling thereof with regard to all forms of sale. No rule may
require the use of new containers in aging whiskey. No rule may
require cordials or liqueurs to contain in excess of 2-1/2
percent by weight of sugar or dextrose or both.
Subd. 4. [SUBPOENA.] In all matters relating to official
duties, the commissioner shall have the powers possessed by
courts of law to issue subpoenas and cause them to be served and
enforced. All public officials, and their respective deputies
and employees, and all individuals, partnerships, firms,
corporations, incorporated and unincorporated associations, and
others who manufacture, transport, or sell intoxicating liquor,
or are connected therewith in any manner, shall at all times
attend and answer under oath the commissioner's lawful
inquiries, produce and exhibit such books, accounts, documents
and property as the commissioner may desire to inspect, and in
all things aid the commissioner in the performance of the
commissioner's duties.
Sec. 53. Minnesota Statutes 1998, section 319B.02,
subdivision 13, is amended to read:
Subd. 13. [OWNER.] "Owner" means:
(1) with respect to a professional firm that is a
corporation, except a nonprofit corporation, an owner of shares
in the corporation;
(2) with respect to a professional firm that is a limited
liability company, a membership interest member in the limited
liability company; and
(3) with respect to a professional firm that is a limited
liability partnership, a partnership interest partner in the
limited liability partnership.
Sec. 54. Minnesota Statutes 1998, section 325D.33,
subdivision 8, is amended to read:
Subd. 8. [PENALTIES.] (a) A retailer who sells cigarettes
for less than a legal retail price may be assessed a penalty in
the full amount of three times the difference between the actual
selling price and a legal price under sections 325D.30 to
325D.42. This penalty may be collected under the authorities
given the commissioner in chapters 270 and 297 297F, and the
penalty shall bear interest at the rate prescribed by section
270.75, subdivision 5.
(b) A wholesaler who sells cigarettes for less than a legal
price may be assessed a penalty in the full amount of three
times the difference between the actual selling price and the
legal price under sections 325D.30 to 325D.42. This penalty may
be collected under the authorities given the commissioner in
chapters 270 and 297 297F, and the penalty shall bear interest
at the rate prescribed by section 270.75, subdivision 5.
(c) A retailer who engages in a plan, scheme, or device
with a wholesaler to purchase cigarettes at a price which the
retailer knows to be less than a legal price may be assessed a
penalty in the full amount of three times the difference between
the actual purchase price and the legal price under sections
325D.30 to 325D.42. A retailer that coerces or requires a
wholesaler to sell cigarettes at a price which the retailer
knows to be less than a legal price may be assessed a penalty in
the full amount of three times the difference between the actual
purchase price and the legal price. These penalties may be
collected under the authorities given the commissioner in
chapters 270 and 297 297F, and the penalties shall bear interest
at the rate prescribed by section 270.75, subdivision 5.
For purposes of this subdivision, a retailer is presumed to
know that a purchase price is less than a legal price if any of
the following have been done:
(1) the commissioner has published the legal price in the
Minnesota State Register;
(2) the commissioner has provided written notice to the
retailer of the legal price;
(3) the commissioner has provided written notice to the
retailer that the retailer is purchasing cigarettes for less
than a legal price;
(4) the commissioner has issued a written order to the
retailer to cease and desist from purchases of cigarettes for
less than a legal price; or
(5) there is evidence that the retailer has knowledge of,
or has participated in, efforts to disguise or misrepresent the
actual purchase price as equal to or more than a legal price,
when it is actually less than a legal price.
In any proceeding arising under this subdivision, the
commissioner shall have the burden of providing by a reasonable
preponderance of the evidence that the facts necessary to
establish the presumption set forth in this section exist, or
that the retailer had knowledge that a purchase price was less
than the legal price.
(d) The commissioner may not assess penalties against any
wholesaler, retailer, or combination of wholesaler and retailer,
which are greater than three times the difference between the
actual price and the legal price under sections 325D.30 to
325D.42.
Sec. 55. Minnesota Statutes 1998, section 325D.415, is
amended to read:
325D.415 [CIGARETTE DISTRIBUTOR FEES.]
A cigarette distributor as defined in section 297F.01,
subdivision 4, shall pay to the commissioner an annual fee as
follows:
(1) a fee of $2,500 is due from those distributors whose
annual cigarette tax collections exceed $2,000,000; and
(2) a fee of $1,200 is due from those distributors whose
annual cigarette tax collections are $2,000,000 or less.
The annual fee must be paid by December 31 of each year.
If the fee is not paid when due, the commissioner shall revoke
or refuse to issue or renew the license under chapter 297 297F.
The annual fee must be deposited into the general fund.
Sec. 56. Minnesota Statutes 1998, section 352D.02,
subdivision 1, is amended to read:
Subdivision 1. [COVERAGE.] (a) Employees enumerated in
paragraph (c), clauses (2), (3), (4), and (6) to (15) (14), if
they are in the unclassified service of the state or
metropolitan council and are eligible for coverage under the
general state employees retirement plan under chapter 352, are
participants in the unclassified program under this chapter
unless the employee gives notice to the executive director of
the Minnesota state retirement system within one year following
the commencement of employment in the unclassified service that
the employee desires coverage under the general state employees
retirement plan. For the purposes of this chapter, an employee
who does not file notice with the executive director is deemed
to have exercised the option to participate in the unclassified
plan.
(b) Persons referenced in paragraph (c), clauses (1) and
(5), are participants in the unclassified program under this
chapter unless the person is eligible to elect different
coverage under section 3A.07 or 352C.011 and, after July 1,
1998, elects retirement coverage by the applicable alternative
retirement plan.
(c) Enumerated employees and referenced persons are:
(1) the governor, the lieutenant governor, the secretary of
state, the state auditor, the state treasurer, and the attorney
general;
(2) an employee in the office of the governor, lieutenant
governor, secretary of state, state auditor, state treasurer,
attorney general;
(3) an employee of the state board of investment;
(4) the head of a department, division, or agency created
by statute in the unclassified service, an acting department
head subsequently appointed to the position, or an employee
enumerated in section 15A.0815 or 15A.083, subdivision 4;
(5) a member of the legislature;
(6) a permanent, full-time unclassified employee of the
legislature or a commission or agency of the legislature or a
temporary legislative employee having shares in the supplemental
retirement fund as a result of former employment covered by this
chapter, whether or not eligible for coverage under the
Minnesota state retirement system;
(7) a person who is employed in a position established
under section 43A.08, subdivision 1, clause (3), or in a
position authorized under a statute creating or establishing a
department or agency of the state, which is at the deputy or
assistant head of department or agency or director level;
(8) the regional administrator, or executive director of
the metropolitan council, general counsel, division directors,
operations managers, and other positions as designated by the
council, all of which may not exceed 27 positions at the council
and the chair, provided that upon initial designation of all
positions provided for in this clause, no further designations
or redesignations may be made without approval of the board of
directors of the Minnesota state retirement system;
(9) the executive director, associate executive director,
and not to exceed nine positions of the higher education
services office in the unclassified service, as designated by
the higher education services office before January 1, 1992, or
subsequently redesignated with the approval of the board of
directors of the Minnesota state retirement system, unless the
person has elected coverage by the individual retirement account
plan under chapter 354B;
(10) the clerk of the appellate courts appointed under
article VI, section 2, of the Constitution of the state of
Minnesota;
(11) the chief executive officers of correctional
facilities operated by the department of corrections and of
hospitals and nursing homes operated by the department of human
services;
(12) an employee whose principal employment is at the state
ceremonial house;
(13) an employee of the Minnesota educational computing
corporation; and
(14) an employee of the world trade center board; and
(15) an employee of the state lottery board who is covered
by the managerial plan established under section 43A.18,
subdivision 3.
Sec. 57. Minnesota Statutes 1998, section 429.091,
subdivision 8, is amended to read:
Subd. 8. [FEDERAL VOLUME LIMITATION ACT WHEN BOND
ALLOCATION ACT APPLIES.] Sections 474A.01 to 474A.21 apply to
any issuance of obligations under this section which are subject
to limitation under a federal Volume Limitation Act as defined
in section 474A.02, subdivision 9, or existing federal tax law
as defined in section 474A.02, subdivision 8.
Sec. 58. Minnesota Statutes 1998, section 430.12, is
amended to read:
430.12 [BONDS FOR IMPROVEMENTS.]
The city council may issue and sell special certificates of
indebtedness or special street or parkway improvement bonds as
necessary to pay for making improvements and paying damages.
The holders of the certificates or bonds are entitled to all
amounts realized on any assessment, or, in the council's
discretion, the holders of a series of two or more certificates
or bonds have those rights against one assessment or against the
assessments in two or more different proceedings. The principal
and interest will be payable at fixed dates out of the funds
collected from the assessments, including interest and
penalties, and those funds are pledged for the pro rata payment
of the certificates or bonds and related interest as they become
due. These certificates or bonds may be made payable to the
bearer, with interest coupons attached, and the city council may
bind the city to make good deficiencies in the collection up to,
but not exceeding, the principal and interest at the rate fixed
under this section and for the time specified in section
430.06. If the city, because of this guaranty, redeems a
certificate or bond, it is subrogated to the holder's rights.
For the purpose of this guaranty, penalties collected must be
credited upon deficiencies of principal and interest before the
city is liable. These certificates or bonds must be sold at
public sale or by sealed proposals at a meeting after at least
two weeks' published notice, to the purchaser who will pay the
par value at the lowest interest rate. The certificates or
bonds must be drawn accordingly.
The rate of interest may not exceed seven percent per year,
payable annually or semiannually. The city clerk shall certify
to the county auditor the rate of interest determined at the
first bond sale held for any improvement under this chapter, and
interest must be computed on the assessments at this annual
rate, in accordance with section 430.06. If the rate of
interest determined at any subsequent bond sale for the same
improvement is greater than the rate determined at the first
bond sale, the difference between these rates of interest must
be a general city charge.
If the proceeds of special certificates of indebtedness or
special street or parkway improvement bonds are in excess of the
amount actually necessary to make the improvements for which
they were issued, or if the proceeds are not immediately
required for the prosecution or completion of the improvement,
the proceeds may meanwhile be used by the city council for other
improvements authorized under this chapter, and the proceeds
used must be replaced and made good as necessary from the
proceeds of special certificates of indebtedness or special
bonds issued for other improvements.
Sections 474A.01 to 474A.21 apply to any obligations issued
under this section that are subject to limitation under a
federal volume limitation act as defined in section 474A.02,
subdivision 9, or existing federal tax law as defined in section
474A.02, subdivision 8.
Sec. 59. Minnesota Statutes 1998, section 459.35, is
amended to read:
459.35 [FEDERAL VOLUME LIMITATION ACT WHEN BOND ALLOCATION
ACT APPLIES.]
Sections 474A.01 to 474A.21 apply to any issuance of
obligations under this chapter which are subject to limitation
under a federal Volume Limitation Act as defined in section
474A.02, subdivision 9, or existing federal tax law as defined
in section 474A.02, subdivision 8.
Sec. 60. Minnesota Statutes 1999 Supplement, section
465.797, subdivision 1, is amended to read:
Subdivision 1. [GENERALLY.] (a) Except as provided in
paragraph (b), a local government unit may request the board of
government innovation and cooperation to grant a waiver from one
or more administrative rules or a temporary, limited exemption
from enforcement of state procedural laws governing delivery of
services by the local government unit. Two or more local
government units may submit a joint application for a waiver or
exemption under this section if they propose to cooperate in
providing a service or program that is subject to the rule or
law. Before submitting an application to the board, the
governing body of the local government unit must approve, in
concept, the proposed waiver or exemption at a meeting required
to be public under section 471.705. A local government unit or
two or more units acting jointly may apply for a waiver or
exemption on behalf of a nonprofit organization providing
services to clients whose costs are paid by the unit or units.
A waiver or exemption granted to a nonprofit organization under
this section applies to services provided to all the
organization's clients.
(b) A school district that is granted a variance from rules
of the commissioner of children, families, and learning under
section 122A.164 122A.163, need not apply to the board for a
waiver of those rules under this section. A school district may
not seek a waiver of rules under this section if the
commissioner of children, families, and learning has authority
to grant a variance to the rules under section 122A.164
122A.163. This paragraph does not preclude a school district
from being included in a cooperative effort with another local
government unit under this section.
Sec. 61. Minnesota Statutes 1998, section 469.036, is
amended to read:
469.036 [FEDERAL VOLUME LIMITATION ACT WHEN BOND ALLOCATION
ACT APPLIES.]
Sections 474A.01 to 474A.21 apply to any issuance of
obligations under sections 469.001 to 469.047 that are subject
to limitation under a federal Volume Limitation Act as defined
in section 474A.02, subdivision 9, or existing federal tax law
as defined in section 474A.02, subdivision 8.
Sec. 62. Minnesota Statutes 1998, section 469.040,
subdivision 4, is amended to read:
Subd. 4. [FACILITIES FUNDED FROM MULTIPLE SOURCES.] In the
metropolitan area, as defined in section 473.121, subdivision 2,
the tax treatment provided in subdivision 3 applies to that
portion of any multifamily rental housing facility represented
by the ratio of (1) the number of units in the facility that are
subject to the requirements of Section 5 of the United States
Housing Act of 1937, as the result of the implementation of a
federal court order or consent decree to (2) the total number of
units within the facility.
The housing and redevelopment authority for the city in
which the facility is located, any public entity exercising the
powers of such housing and redevelopment authority, or the
county housing and redevelopment authority for the county in
which the facility is located, shall annually certify to the
assessor responsible for assessing the facility, at the time and
in the manner required by the assessor, the number of units in
the facility that are subject to the requirements of Section 5
of the United States Housing Act of 1937.
Nothing in this subdivision shall prevent that portion of
the facility not subject to this subdivision from meeting the
requirements of section 273.1317 273.126, and for that purpose
the total number of units in the facility must be taken into
account.
Sec. 63. Minnesota Statutes 1998, section 469.063, is
amended to read:
469.063 [SECTIONS THAT APPLY IF FEDERAL LIMIT APPLIES WHEN
BOND ALLOCATION ACT APPLIES.]
Sections 474A.01 to 474A.21 apply to obligations issued
under sections 469.048 to 469.068 that are limited by a federal
Volume Limitation Act as defined in section 474A.02, subdivision
9, or existing federal tax law as defined in section 474A.02,
subdivision 8.
Sec. 64. Minnesota Statutes 1998, section 469.116,
subdivision 8, is amended to read:
Subd. 8. [FEDERAL VOLUME LIMITATION ACT WHEN BOND
ALLOCATION ACT APPLIES.] Sections 474A.01 to 474A.21 apply to
any issuance of obligations under this section which are subject
to limitation under a federal Volume Limitation Act as defined
in section 474A.02, subdivision 9, or existing federal tax law
as defined in section 474A.02, subdivision 8.
Sec. 65. Minnesota Statutes 1998, section 469.1733,
subdivision 1, is amended to read:
Subdivision 1. [DELINQUENT TAXPAYERS.] An individual or a
business is not eligible for the exemptions or credits available
under section 272.0212, 469.1732, or 469.1734, if the individual
or business owes delinquent amounts under chapter 290, 296 296A,
297, 297A, 297B, 297F, or 297C 297G or if the individual or
business owns property located in the city or county in which
the zone is located on which the property taxes are delinquent.
Delinquency is determined as of the date of the application for
a certificate under section 469.1735, subdivision 1. As a
condition of receiving a certificate, the individual or business
must authorize the department of revenue to disclose information
necessary to make the determination under this subdivision
notwithstanding any provision of chapter 270B or other law to
the contrary.
Sec. 66. Minnesota Statutes 1998, section 469.178,
subdivision 6, is amended to read:
Subd. 6. [FEDERAL VOLUME LIMITATIONS WHEN BOND ALLOCATION
ACT APPLIES.] Sections 474A.01 to 474A.21 apply to any issuance
of obligations under this section that are subject to limitation
under a federal Volume Limitation Act as defined in section
474A.02, subdivision 9, or existing federal tax law as defined
in section 474A.02, subdivision 8.
Sec. 67. Minnesota Statutes 1998, section 469.203,
subdivision 4, is amended to read:
Subd. 4. [CITY APPROVAL OF PROGRAM.] (a) Before adoption
of a revitalization program under paragraph (b), the city must
submit a preliminary program to the commissioner, the
commissioner of trade and economic development, and the
Minnesota housing finance agency for their comments. The city
may not adopt the revitalization program until comments have
been received from the state agencies or 30 days have elapsed
without response after the program was sent to them. Comments
received by the city from the state agencies within the 30-day
period must be responded to in writing by the city before
adoption of the program by the city.
(b) The city may adopt a revitalization program only after
holding a public hearing after the program has been prepared.
Notice of the hearing must be provided in a newspaper of general
circulation in the city and in the most widely circulated
community newspaper in the targeted neighborhoods not less than
ten days nor more than 30 days before the date of the hearing.
(c) A certification by the city that a revitalization
program has been approved by the city council for the targeted
neighborhood must be provided to the commissioner together with
a copy of the program. A copy of the program must also be
provided to the Minnesota housing finance agency and the
commissioner of trade and economic development.
(d) A revitalization program for the city may be modified
at any time by the city council after a public hearing, notice
of which is published in a newspaper of general circulation in
the city and in the targeted neighborhood at least ten days nor
more than 30 days before the date of the hearing. If the city
council determines that the proposed modification is a
significant modification to the program originally certified
under paragraph (c), the city council shall implement the
revitalization program approval and certification process of
this subdivision for the proposed modification.
Sec. 68. Minnesota Statutes 1998, section 473.3994,
subdivision 13, is amended to read:
Subd. 13. [DISPUTE RESOLUTION.] In the event of a dispute
between any of the parties arising from the parties' respective
authority and responsibility under this section or section
473.3998, the dispute shall be submitted to the metropolitan
council for final resolution by any party to the dispute. The
metropolitan council shall establish by July 1, 1993, a process
to ensure a prompt and speedy resolution of the dispute. This
process shall allow the parties to provide evidence and
testimony in support of their positions.
Sec. 69. Minnesota Statutes 1998, section 475.77, is
amended to read:
475.77 [OBLIGATIONS SUBJECT TO FEDERAL VOLUME LIMITATION
ACT WHEN BOND ALLOCATION ACT APPLIES.]
Sections 474A.01 to 474A.21 apply to any issuance of
obligations which are subject to limitation under a Federal
Volume Limitation Act as defined in section 474A.02, subdivision
9, or existing federal tax law as defined in section 474A.02,
subdivision 8.
Sec. 70. Minnesota Statutes 1999 Supplement, section
504B.161, subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENTS.] In every lease or license
of residential premises, the landlord or licensor covenants:
(1) that the premises and all common areas are fit for the
use intended by the parties;
(2) to keep the premises in reasonable repair during the
term of the lease or license, except when the disrepair has been
caused by the willful, malicious, or irresponsible conduct of
the tenant or licensee or a person under the direction or
control of the tenant or licensee; and
(3) to maintain the premises in compliance with the
applicable health and safety laws of the state, including the
weatherstripping, caulking, storm window, and storm door energy
efficiency standards for renter-occupied residences prescribed
by section 216C.27, subdivisions 1 and 3, and of the local units
of government where the premises are located during the term of
the lease or license, except when violation of the health and
safety laws has been caused by the willful, malicious, or
irresponsible conduct of the tenant or licensee or a person
under the direction or control of the tenant or licensee.
The parties to a lease or license of residential premises
may not waive or modify the covenants imposed by this section.
Sec. 71. Minnesota Statutes 1999 Supplement, section
504B.181, subdivision 5, is amended to read:
Subd. 5. [NOTICE TO LANDLORD.] Any residential tenant who
moves from or subleases the premises without giving the landlord
at least 30 days written notice shall void any provision of this
section and section 504B.191, as to that tenant.
Sec. 72. Minnesota Statutes 1999 Supplement, section
515B.1-102, is amended to read:
515B.1-102 [APPLICABILITY.]
(a) Except as provided in this section, this chapter, and
not chapters 515 and 515A, applies to all common interest
communities created within this state on and after June 1, 1994.
(b) The applicability of this chapter to common interest
communities created prior to June 1, 1994, shall be as follows:
(1) This chapter shall apply to condominiums created under
chapter 515A with respect to events and circumstances occurring
on and after June 1, 1994; provided (i) that this chapter shall
not invalidate the declarations, bylaws or condominium plats of
those condominiums, and (ii) that chapter 515A, and not this
chapter, shall govern all rights and obligations of a declarant
of a condominium created under chapter 515A, and the rights and
claims of unit owners against that declarant.
(2) The following sections in this chapter apply to
condominiums created under chapter 515: 515B.1-104 (Variation
by Agreement); 515B.1-105 (Separate Titles and Taxation);
515B.1-106 (Applicability of Local Ordinances, Regulations, and
Building Codes); 515B.1-107 (Eminent Domain); 515B.1-108
(Supplemental General Principles of Law Applicable); 515B.1-109
(Construction Against Implicit Repeal); 515B.1-110 (Uniformity
of Application and Construction); 515B.1-111 (Severability);
515B.1-112 (Unconscionable Agreement or Term of Contract);
515B.1-113 (Obligation of Good Faith); 515B.1-114 (Remedies to
be Liberally Administered); 515B.1-115 (Notice); 515B.1-116
(Recording); 515B.2-103 (Construction and Validity of
Declaration and Bylaws); 515B.2-104 (Description of Units);
515B.2-108(d) (Allocation of Interests); 515B.2-109(c) (Common
Elements and Limited Common Elements); 515B.2-112 (Subdivision
or Conversion of Units); 515B.2-113 (Alteration of Units);
515B.2-114 (Relocation of Boundaries Between Adjoining Units);
515B.2-115 (Minor Variations in Boundaries); 515B.2-118
(Amendment of Declaration); 515B.3-102 (Powers of Unit Owners'
Association); 515B.3-103(a), (b), and (g) (Board; Directors and
Officers; Period of Declarant Control); 515B.3-107 (Upkeep of
Common Interest Community); 515B.3-108 (Meetings); 515B.3-109
(Quorums); 515B.3-110 (Voting; Proxies); 515B.3-111 (Tort and
Contract Liability); 515B.3-112 (Conveyance or Encumbrance of
Common Elements); 515B.3-113 (Insurance); 515B.3-114 (Reserves;
Surplus Funds); 515B.3-115 (c), (e), (f), (g), (h), and (i)
(Assessments for Common Expenses); 515B.3-116 (Lien for
Assessments); 515B.3-117 (Other Liens); 515B.3-118 (Association
Records); 515B.3-119 (Association as Trustee); 515B.3-121
(Accounting Controls); 515B.4-107 (Resale of Units); 515B.4-108
(Purchaser's Right to Cancel Resale); and 515B.4-116 (Rights of
Action; Attorney's Fees). Section 515B.1-103 (Definitions)
shall apply to the extent necessary in construing any of the
sections referenced in this section. Sections 515B.1-105,
515B.1-106, 515B.1-107, 515B.1-116, 515B.2-103, 515B.2-104,
515B.2-118, 515B.3-102, 515B.3-110, 515B.3-111, 515B.3-113,
515B.3-116, 515B.3-117, 515B.3-118, 515B.3-121, 515B.4-107,
515B.4-108, and 515B.4-116 apply only with respect to events and
circumstances occurring on and after June 1, 1994. All other
sections referenced in this section apply only with respect to
events and circumstances occurring after May 31, 1999. A
section referenced in this section does not invalidate the
declarations, bylaws or condominium plats of condominiums
created before August 1, 1999. But all sections referenced in
this section prevail over the declarations, bylaws, CIC plats,
rules and regulations under them, of condominiums created before
August 1, 1999, except to the extent that this chapter defers to
the declarations, bylaws, CIC plats, or rules and regulations
issued under them.
(3) This chapter shall not apply to cooperatives and
planned communities created prior to June 1, 1994; except by
election pursuant to subsection (d), and except that sections
515B.1-116, subsections (a), (c), (d), (e), (f), and (h),
515B.4-107, and 515B.4-108, apply to all planned communities and
cooperatives regardless of when they are created.
(c) This chapter shall not invalidate any amendment to the
declaration, bylaws or condominium plat of any condominium
created under chapter 515 or 515A if the amendment was recorded
before June 1, 1994. Any amendment recorded on or after June 1,
1994, shall be adopted in conformity with the procedures and
requirements specified by those instruments and by this
chapter. If the amendment grants to any person any rights,
powers or privileges permitted by this chapter, all correlative
obligations, liabilities and restrictions contained in this
chapter shall also apply to that person.
(d) Any condominium created under chapter 515, any planned
community or cooperative which would be exempt from this chapter
under subsection (e), or any planned community or cooperative
created prior to June 1, 1994, may elect to be subject to this
chapter, as follows:
(1) The election shall be accomplished by recording a
declaration or amended declaration, and a new or amended CIC
plat where required, and by approving bylaws or amended bylaws,
which conform to the requirements of this chapter, and which, in
the case of amendments, are adopted in conformity with the
procedures and requirements specified by the existing
declaration and bylaws of the common interest community, and by
any applicable statutes.
(2) In a condominium, the preexisting condominium plat
shall be the CIC plat and an amended CIC plat shall be required
only if the amended declaration or bylaws contain provisions
inconsistent with the preexisting condominium plat. The
condominium's CIC number shall be the apartment ownership number
or condominium number originally assigned to it by the recording
officer. In a cooperative in which the unit owners' interests
are characterized as real estate, a CIC plat shall be required.
In a planned community, the preexisting plat recorded pursuant
to chapter 505, 508, or 508A, or the part of the plat upon which
the common interest community is located, shall be the CIC plat.
(3) The amendment shall conform to the requirements of
section 515B.2-118(d).
(4) Except as permitted by paragraph (3), no declarant,
affiliate of declarant, association, master association nor unit
owner may acquire, increase, waive, reduce or revoke any
previously existing warranty rights or causes of action that one
of said persons has against any other of said persons by reason
of exercising the right of election under this subsection.
(5) A common interest community which elects to be subject
to this chapter may, as a part of the election process, change
its form of ownership by complying with the requirements of
section 515B.2-123.
(e) Except as otherwise provided in this subsection, this
chapter shall not apply, except by election pursuant to
subsection (d), to the following:
(1) a planned community or cooperative which consists of 12
or fewer units subject to the same declaration, which is not
subject to any rights to add additional real estate and which
will not be subject to a master association;
(2) a common interest community where the units consist
solely of separate parcels of real estate designed or utilized
for detached single family dwellings or agricultural purposes,
and where the association has no obligation to maintain any
building containing a dwelling or any agricultural building;
(3) a cooperative where, at the time of creation of the
cooperative, the unit owners' interests in the dwellings as
described in the declaration consist solely of proprietary
leases having an unexpired term of fewer than 20 years,
including renewal options;
(4) planned communities and cooperatives limited by the
declaration to nonresidential use; or
(5) real estate subject only to an instrument or
instruments filed primarily for the purpose of creating or
modifying rights with respect to access, utilities, parking,
ditches, drainage, or irrigation.
(f) Section 515B.1-106 shall apply to all common interest
communities.
Sec. 73. Minnesota Statutes 1999 Supplement, section
515B.1-103, is amended to read:
515B.1-103 [DEFINITIONS.]
In the declaration and bylaws, unless specifically provided
otherwise or the context otherwise requires, and in this chapter:
(1) "Additional real estate" means real estate that may be
added to a flexible common interest community.
(2) "Affiliate of a declarant" means any person who
controls, is controlled by, or is under common control with a
declarant.
(A) A person "controls" a declarant if the person (i) is a
general partner, officer, director, or employer of the
declarant, (ii) directly or indirectly or acting in concert with
one or more other persons, or through one or more subsidiaries,
owns, controls, holds with power to vote, or holds proxies
representing, more than 20 percent of the voting interest in the
declarant, (iii) controls in any manner the election of a
majority of the directors of the declarant, or (iv) has
contributed more than 20 percent of the capital of the declarant.
(B) A person "is controlled by" a declarant if the
declarant (i) is a general partner, officer, director, or
employer of the person, (ii) directly or indirectly or acting in
concert with one or more other persons, or through one or more
subsidiaries, owns, controls, holds with power to vote, or holds
proxies representing, more than 20 percent of the voting
interest in the person, (iii) controls in any manner the
election of a majority of the directors of the person, or (iv)
has contributed more than 20 percent of the capital of the
person.
(C) Control does not exist if the powers described in this
subsection are held solely as a security interest and have not
been exercised.
(3) "Allocated interests" means the following interests
allocated to each unit: (i) in a condominium, the undivided
interest in the common elements, the common expense liability,
and votes in the association; (ii) in a cooperative, the common
expense liability and the ownership interest and votes in the
association; and (iii) in a planned community, the common
expense liability and votes in the association.
(4) "Association" means the unit owners' association
organized under section 515B.3-101.
(5) "Board" means the body, regardless of name, designated
in the articles of incorporation, bylaws or declaration to act
on behalf of the association, or on behalf of a master
association when so identified.
(6) "CIC plat" means a common interest community plat
described in section 515B.2-110.
(7) "Common elements" means all portions of the common
interest community other than the units.
(8) "Common expenses" means expenditures made or
liabilities incurred by or on behalf of the association, or
master association when so identified, together with any
allocations to reserves.
(9) "Common expense liability" means the liability for
common expenses allocated to each unit pursuant to section
515B.2-108.
(10) "Common interest community" or "CIC" means contiguous
or noncontiguous real estate within Minnesota that is subject to
an instrument which obligates persons owning a separately
described parcel of the real estate, or occupying a part of the
real estate pursuant to a proprietary lease, by reason of their
ownership or occupancy, to pay for (i) real estate taxes levied
against; (ii) insurance premiums payable with respect to; (iii)
maintenance of; or (iv) construction, maintenance, repair or
replacement of improvements located on one or more parcels or
parts of the real estate other than the parcel or part that the
person owns or occupies. Real estate subject to a master
association, regardless of when the master association was
formed, shall not collectively constitute a separate common
interest community unless so stated in the master declaration
recorded against the real estate pursuant to section 515B.2-121,
subsection (f)(1).
(11) "Condominium" means a common interest community in
which (i) portions of the real estate are designated as units,
(ii) the remainder of the real estate is designated for common
ownership solely by the owners of the units, and (iii) undivided
interests in the common elements are vested in the unit owners.
(12) "Conversion property" means real estate on which is
located a building that at any time within two years before
creation of the common interest community was occupied as a
residence wholly or partially by persons other than purchasers
and persons who occupy with the consent of purchasers.
(13) "Cooperative" means a common interest community in
which the real estate is owned by an association, each of whose
members is entitled by virtue of the member's ownership interest
in the association to a proprietary lease.
(14) "Dealer" means a person in the business of selling
units for the person's own account.
(15) "Declarant" means:
(i) if the common interest community has been created, (A)
any person who has executed a declaration, or an amendment to a
declaration to add additional real estate, except secured
parties, persons whose interests in the real estate will not be
transferred to unit owners, or, in the case of a leasehold
common interest community, a lessor who possesses no special
declarant rights and who is not an affiliate of a declarant who
possesses special declarant rights, or (B) any person who
reserves, or succeeds under section 515B.3-104 to any special
declarant rights; or
(ii) any person or persons acting in concert who have
offered prior to creation of the common interest community to
transfer their interest in a unit to be created and not
previously transferred.
(16) "Declaration" means any instrument, however
denominated, including any amendment to the instrument, that
creates a common interest community.
(17) "Dispose" or "disposition" means a voluntary transfer
to a purchaser of any legal or equitable interest in the common
interest community, but the term does not include the transfer
or release of a security interest.
(18) "Flexible common interest community" means a common
interest community to which additional real estate may be added.
(19) "Leasehold common interest community" means a common
interest community in which all or a portion of the real estate
is subject to a lease the expiration or termination of which
will terminate the common interest community or reduce its size.
(20) "Limited common element" means a portion of the common
elements allocated by the declaration or by operation of section
515B.2-102(d) or (f) for the exclusive use of one or more but
fewer than all of the units.
(21) "Master association" means an entity created on or
after June 1, 1994, that directly or indirectly exercises any of
the powers set forth in section 515B.3-102 on behalf of one or
more members described in section 515B.2-121(b), (i), (ii) or
(iii), whether or not it also exercises those powers on behalf
of one or more property owners associations described in section
515B.2-121(b)(iv). A person (i) hired by an association to
perform maintenance, repair, accounting, bookkeeping or
management services, or (ii) granted authority under an
instrument recorded primarily for the purpose of creating rights
or obligations with respect to utilities, access, drainage, or
recreational amenities, is not, solely by reason of that
relationship, a master association.
(22) "Master declaration" means a written instrument,
however named, (i) recorded on or after June 1, 1994, against
property subject to powers exercised by a master association and
(ii) satisfying the requirements of section 515B.2-121,
subsection (f)(1).
(23) "Period of declarant control" means the time period
provided for in section 515B.3-103(c) during which the declarant
may appoint and remove officers and directors of the association.
(24) "Person" means an individual, corporation, limited
liability company, partnership, trustee under a trust, personal
representative, guardian, conservator, government, governmental
subdivision or agency, or other legal or commercial entity
capable of holding title to real estate.
(25) "Planned community" means a common interest community
that is not a condominium or a cooperative. A condominium or
cooperative may be a part of a planned community.
(26) "Proprietary lease" means an agreement with a
cooperative association whereby a member of the association is
entitled to exclusive possession of a unit in the cooperative.
(27) "Purchaser" means a person, other than a declarant,
who by means of a voluntary transfer acquires a legal or
equitable interest in a unit other than (i) a leasehold interest
of less than 20 years, including renewal options, or (ii) a
security interest.
(28) "Real estate" means any fee simple, leasehold or other
estate or interest in, over, or under land, including
structures, fixtures, and other improvements and interests that
by custom, usage, or law pass with a conveyance of land though
not described in the contract of sale or instrument of
conveyance. "Real estate" may include spaces with or without
upper or lower boundaries, or spaces without physical boundaries.
(29) "Residential use" means use as a dwelling, whether
primary, secondary or seasonal, but not transient use such as
hotels or motels.
(30) "Secured party" means the person owning a security
interest as defined in paragraph (30) (31).
(31) "Security interest" means a perfected interest in real
estate or personal property, created by contract or conveyance,
which secures payment or performance of an obligation. The term
includes a mortgagee's interest in a mortgage, a vendor's
interest in a contract for deed, a lessor's interest in a lease
intended as security, a holder's interest in a sheriff's
certificate of sale during the period of redemption, an
assignee's interest in an assignment of leases or rents intended
as security, a lender's interest in a cooperative share loan, a
pledgee's interest in the pledge of an ownership interest, or
any other interest intended as security for an obligation under
a written agreement.
(32) "Special declarant rights" means rights reserved in
the declaration for the benefit of a declarant to:
(i) complete improvements indicated on the CIC plat;
(ii) add additional real estate to a common interest
community;
(iii) subdivide units or convert units into common
elements, limited common elements and/or units;
(iv) maintain sales offices, management offices, signs
advertising the common interest community, and models;
(v) use easements through the common elements for the
purpose of making improvements within the common interest
community or any additional real estate;
(vi) create a master association and provide for the
exercise of authority by the master association over the common
interest community or its unit owners;
(vii) merge or consolidate a common interest community with
another common interest community of the same form of ownership;
or
(viii) appoint or remove any officer or director of the
association, or the master association where applicable, during
any period of declarant control.
(33) "Time share" means a right to occupy a unit or any of
several units during three or more separate time periods over a
period of at least three years, including renewal options,
whether or not coupled with an estate or interest in a common
interest community or a specified portion thereof.
(34) "Unit" means a physical portion of a common interest
community the boundaries of which are described in the common
interest community's declaration and which is intended for
separate ownership or separate occupancy pursuant to a
proprietary lease.
(35) "Unit identifier" means English letters or Arabic
numerals, or a combination thereof, which identify only one unit
in a common interest community and which meet the requirements
of section 515B.2-104.
(36) "Unit owner" means a declarant or other person who
owns a unit, or a lessee of a unit in a leasehold common
interest community whose lease expires simultaneously with any
lease the expiration or termination of which will remove the
unit from the common interest community, but does not include a
secured party. In a common interest community, the declarant is
the unit owner of a unit until that unit has been conveyed to
another person.
Sec. 74. Minnesota Statutes 1999 Supplement, section
515B.2-105, is amended to read:
515B.2-105 [DECLARATION CONTENTS; ALL COMMON INTEREST
COMMUNITIES.]
(a) The declaration shall contain:
(1) the number of the common interest community, whether
the common interest community is a condominium, planned
community or cooperative, and the name of the common interest
community, which shall appear at the top of the first page of
the declaration in the following format:
Common Interest Community No. ....
(Type of Common Interest Community)
(Name of Common Interest Community)
(DECLARATION)
(2) a statement as to whether the common interest community
is or is not subject to a master association;
(3) the name of the association, a statement that the
association has been incorporated and a reference to the statute
under which it was incorporated;
(4) a legally sufficient description of the real estate
included in the common interest community, a statement
identifying any appurtenant easement necessary for access to a
public street or highway, and a general reference to any other
appurtenant easements;
(5) a description of the boundaries of each unit created by
the declaration and the unit's unit identifier;
(6) in a planned community containing common elements, a
legally sufficient description of the common elements;
(7) in a cooperative, a statement as to whether the unit
owners' interests in all units and their allocated interests are
real estate or personal property;
(8) an allocation to each unit of the allocated interests
in the manner described in section 515B.2-108;
(9) a statement of (i) the total number of units and (ii)
which units will be restricted to residential use and which
units will be restricted to nonresidential use;
(10) a statement of the maximum number of units which may
be created by the subdivision or conversion of units owned by
the declarant pursuant to section 515B.2-112;
(11) any material restrictions on use, occupancy, or
alienation of the units, or on the sale price of a unit or on
the amount that may be received by an owner on sale,
condemnation or casualty loss to the unit or to the common
interest community, or on termination of the common interest
community; provided, that these requirements shall not affect
the power of the association to adopt, amend or revoke rules and
regulations pursuant to section 515B.3-102;
(12) a statement as to whether time shares are permitted;
and
(13) all matters required by sections 515B.1-103(31),
Special Declarant Rights; 515B.2-107, Leaseholds; 515B.2-109,
Common Elements and Limited Common Elements; 515B.2-110, Common
Interest Community Plat; 515B.3-115, Assessments for Common
Expenses; and 515B.2-121, Master Associations.
(b) The declaration may contain any other matters the
declarant considers appropriate.
Sec. 75. Minnesota Statutes 1999 Supplement, section
515B.3-105, is amended to read:
515B.3-105 [TERMINATION OF DECLARANT'S CONTRACTS, LEASES.]
If entered into prior to expiration of the period of
declarant control pursuant to section 515B.3-103, (i) any
management contract, employment contract, or lease of
recreational facilities, units, garages or other parking
facilities, (ii) any contract, lease or license binding the
association to which a declarant or an affiliate of a declarant
is a party, or (iii) any contract, lease or license binding the
association or any unit owner other than the declarant or an
affiliate of the declarant which is not bona fide or which was
unconscionable to the unit owners at the time entered into under
the circumstances then prevailing, may be terminated without
penalty by the association at any time after the expiration of
declarant control upon not less than 90 days' notice to the
other party. If, during the suspension period described in
subsection 2-121(c)(3) section 515B.2-121, subsection (c),
paragraph (3), a contract, lease, or license of a type described
in this section is entered into and is binding upon a master
association, then the master association, and not any
association, may terminate the contract, lease, or license under
the procedures in this section. This section does not apply to
(i) any lease the termination of which would terminate the
common interest community, (ii) a proprietary lease, or (iii) in
the case of a cooperative, a mortgage, or contract for deed
encumbering all real estate constituting the common interest
community.
Sec. 76. Minnesota Statutes 1999 Supplement, section
515B.3-115, is amended to read:
515B.3-115 [ASSESSMENTS FOR COMMON EXPENSES.]
(a) The obligation of a unit owner to pay common expense
assessments shall be as follows:
(1) If a common expense assessment has not been levied, the
declarant shall pay all accrued expenses of the common interest
community.
(2) If a common expense assessment has been levied, all
unit owners including the declarant shall pay the assessments
allocated to their units, subject to subsection (b).
(3) Notwithstanding subsections (a)(1), (a)(2), and (b), if
the association maintains the exteriors of the buildings
constituting or contained within the units, that part of any
assessment that is allocated to replacement reserves referred to
in section 515B.3-114 shall be fully levied against a unit,
including any unit owned by a declarant, on the earlier of
substantial completion of the exterior of (i) the building
containing the unit or (ii) any building located within the unit.
(b) Subject to subsection (a)(3), if the declaration so
provides, a declarant's liability, and the assessment lien, for
assessments, other than replacement reserves, on any unit owned
by the declarant may be limited to 25 percent or any greater
percentage of any assessment levied, until the unit or any
building located in it is substantially completed. Substantial
completion shall be evidenced by a certificate of occupancy in
any jurisdiction that issues the certificate.
(c) After an assessment has been levied by the association,
assessments shall be levied at least annually, based upon a
budget approved at least annually by the association.
(d) Except as modified by subsections (a)(1) and (2), (h),
(i) and (j) (e), (f), and (g), all common expenses shall be
assessed against all the units in accordance with the
allocations established by the declaration pursuant to section
515B.2-108.
(e) Unless otherwise required by the declaration:
(1) any common expense associated with the maintenance,
repair, or replacement of a limited common element shall be
assessed against the units to which that limited common element
is assigned, equally, or in any other proportion the declaration
provides;
(2) any common expense or portion thereof benefiting fewer
than all of the units may be assessed exclusively against the
units benefited, equally, or in any other proportion the
declaration provides;
(3) the costs of insurance may be assessed in proportion to
risk or coverage, and the costs of utilities may be assessed in
proportion to usage;
(4) reasonable attorneys fees and costs incurred by the
association in connection with (i) the collection of assessments
and, (ii) the enforcement of this chapter, the articles, bylaws,
declaration, or rules and regulations, against a unit owner, may
be assessed against the unit owner's unit; and
(5) fees, charges, late charges, fines and interest may be
assessed as provided in section 515B.3-116(a).
(f) Assessments levied under section 515B.3-116 to pay a
judgment against the association may be levied only against the
units in the common interest community at the time the judgment
was entered, in proportion to their common expense liabilities.
(g) If any damage to the common elements or another unit is
caused by the act or omission of any unit owner, or occupant of
a unit, or their invitees, the association may assess the costs
of repairing the damage exclusively against the unit owner's
unit to the extent not covered by insurance.
(h) Subject to any shorter period specified by the
declaration or bylaws, if any installment of an assessment
becomes more than 60 days past due, then the association may,
upon ten days' written notice to the unit owner, declare the
entire amount of the assessment immediately due and payable in
full.
(i) If common expense liabilities are reallocated for any
purpose authorized by this chapter, common expense assessments
and any installment thereof not yet due shall be recalculated in
accordance with the reallocated common expense liabilities.
Sec. 77. Minnesota Statutes 1999 Supplement, section
515B.3-116, is amended to read:
515B.3-116 [LIEN FOR ASSESSMENTS.]
(a) The association has a lien on a unit for any assessment
levied against that unit from the time the assessment becomes
due. If an assessment is payable in installments, the full
amount of the assessment is a lien from the time the first
installment thereof becomes due. Unless the declaration
otherwise provides, fees, charges, late charges, fines and
interest charges pursuant to section 515B.3-102(a)(10), (11) and
(12) are liens, and are enforceable as assessments, under this
section.
(b) A lien under this section is prior to all other liens
and encumbrances on a unit except (i) liens and encumbrances
recorded before the declaration and, in a cooperative, liens and
encumbrances which the association creates, assumes, or takes
subject to, (ii) any first mortgage encumbering the fee simple
interest in the unit, or, in a cooperative, any first security
interest encumbering only the unit owner's interest in the unit,
and (iii) liens for real estate taxes and other governmental
assessments or charges against the unit. If a first mortgage on
a unit is foreclosed, the first mortgage was recorded after June
1, 1994, and no owner redeems during the owner's period of
redemption provided by chapter 580, 581, or 582, the holder of
the sheriff's certificate of sale from the foreclosure of the
first mortgage shall take title to the unit subject to a lien in
favor of the association for unpaid assessments for common
expenses levied pursuant to section 515B.3-115(a), (h)(1) (e)(1)
to (3), (i) (f), and (l) (i) which became due, without
acceleration, during the six months immediately preceding the
first day following the end of the owner's period of
redemption. If a first security interest encumbering a unit
owner's interest in a cooperative unit which is personal
property is foreclosed, the secured party or the purchaser at
the sale shall take title to the unit subject to unpaid
assessments for common expenses levied pursuant to section
515B.3-115(a), (h)(1) (e)(1) to (3), (i) (f), and (l) (i)
which became due, without acceleration, during the six months
immediately preceding the first day following either the date of
sale pursuant to section 336.9-504 or the date on which the
obligation of the unit owner is discharged pursuant to section
336.9-505. This subsection shall not affect the priority of
mechanics' liens.
(c) Recording of the declaration constitutes record notice
and perfection of any lien under this section, and no further
recordation of any notice of or claim for the lien is required.
(d) Proceedings to enforce an assessment lien shall be
instituted within three years after the last installment of the
assessment becomes payable, or shall be barred.
(e) The unit owner of a unit at the time an assessment is
due shall be personally liable to the association for payment of
the assessment levied against the unit. If there are multiple
owners of the unit, they shall be jointly and severally liable.
(f) This section does not prohibit actions to recover sums
for which subsection (a) creates a lien nor prohibit an
association from taking a deed in lieu of foreclosure. The
commencement of an action to recover the sums is not an election
of remedies if it is dismissed before commencement of
foreclosure of the lien provided for by this section.
(g) The association shall furnish to a unit owner or the
owner's authorized agent upon written request of the unit owner
or the authorized agent a statement setting forth the amount of
unpaid assessments currently levied against the owner's unit.
If the unit owner's interest is real estate, the statement shall
be in recordable form. The statement shall be furnished within
ten business days after receipt of the request and is binding on
the association and every unit owner.
(h) The association's lien may be foreclosed as provided in
this subsection.
(1) In a condominium or planned community, the
association's lien may be foreclosed in a like manner as a
mortgage containing a power of sale pursuant to chapter 580, or
by action pursuant to chapter 581. The association shall have a
power of sale to foreclose the lien pursuant to chapter 580.
(2) In a cooperative whose unit owners' interests are real
estate, the association's lien shall be foreclosed in a like
manner as a mortgage on real estate as provided in paragraph (1).
(3) In a cooperative whose unit owners' interests in the
units are personal property, the association's lien shall be
foreclosed in a like manner as a security interest under article
9 of chapter 336. In any disposition pursuant to section
336.9-504 or retention pursuant to section 336.9-505, the rights
of the parties shall be the same as those provided by law,
except (i) notice of sale, disposition, or retention shall be
served on the unit owner 90 days prior to sale, disposition, or
retention, (ii) the association shall be entitled to its
reasonable costs and attorney fees not exceeding the amount
provided by section 582.01, subdivision 1a, (iii) the amount of
the association's lien shall be deemed to be adequate
consideration for the unit subject to disposition or retention,
notwithstanding the value of the unit, and (iv) the notice of
sale, disposition, or retention shall contain the following
statement in capital letters with the name of the association or
secured party filled in:
"THIS IS TO INFORM YOU THAT BY THIS NOTICE (fill in name of
association or secured party) HAS BEGUN PROCEEDINGS UNDER
MINNESOTA STATUTES, CHAPTER 515B, TO FORECLOSE ON YOUR INTEREST
IN YOUR UNIT FOR THE REASON SPECIFIED IN THIS NOTICE. YOUR
INTEREST IN YOUR UNIT WILL TERMINATE 90 DAYS AFTER SERVICE OF
THIS NOTICE ON YOU UNLESS BEFORE THEN:
(a) THE PERSON AUTHORIZED BY (fill in the name of
association or secured party) AND DESCRIBED IN THIS NOTICE TO
RECEIVE PAYMENTS RECEIVES FROM YOU:
(1) THE AMOUNT THIS NOTICE SAYS YOU OWE; PLUS
(2) THE COSTS INCURRED TO SERVE THIS NOTICE ON YOU; PLUS
(3) $500 TO APPLY TO ATTORNEYS FEES ACTUALLY EXPENDED OR
INCURRED; PLUS
(4) ANY ADDITIONAL AMOUNTS FOR YOUR UNIT BECOMING DUE TO
(fill in name of association or secured party) AFTER THE DATE OF
THIS NOTICE; OR
(b) YOU SECURE FROM A DISTRICT COURT AN ORDER THAT THE
FORECLOSURE OF YOUR RIGHTS TO YOUR UNIT BE SUSPENDED UNTIL YOUR
CLAIMS OR DEFENSES ARE FINALLY DISPOSED OF BY TRIAL, HEARING, OR
SETTLEMENT. YOUR ACTION MUST SPECIFICALLY STATE THOSE FACTS AND
GROUNDS THAT DEMONSTRATE YOUR CLAIMS OR DEFENSES.
IF YOU DO NOT DO ONE OR THE OTHER OF THE ABOVE THINGS
WITHIN THE TIME PERIOD SPECIFIED IN THIS NOTICE, YOUR OWNERSHIP
RIGHTS IN YOUR UNIT WILL TERMINATE AT THE END OF THE PERIOD, YOU
WILL LOSE ALL THE MONEY YOU HAVE PAID FOR YOUR UNIT, YOU WILL
LOSE YOUR RIGHT TO POSSESSION OF YOUR UNIT, YOU MAY LOSE YOUR
RIGHT TO ASSERT ANY CLAIMS OR DEFENSES THAT YOU MIGHT HAVE, AND
YOU WILL BE EVICTED. IF YOU HAVE ANY QUESTIONS ABOUT THIS
NOTICE, CONTACT AN ATTORNEY IMMEDIATELY."
(4) In any foreclosure pursuant to chapter 580, 581, or
582, the rights of the parties shall be the same as those
provided by law, except (i) the period of redemption for unit
owners shall be six months from the date of sale or a lesser
period authorized by law, (ii) in a foreclosure by advertisement
under chapter 580, the foreclosing party shall be entitled to
costs and disbursements of foreclosure and attorneys fees
authorized by the declaration or bylaws, notwithstanding the
provisions of section 582.01, subdivisions 1 and 1a, (iii) in a
foreclosure by action under chapter 581, the foreclosing party
shall be entitled to costs and disbursements of foreclosure and
attorneys fees as the court shall determine, and (iv) the amount
of the association's lien shall be deemed to be adequate
consideration for the unit subject to foreclosure,
notwithstanding the value of the unit.
(i) If a holder of a sheriff's certificate of sale, prior
to the expiration of the period of redemption, pays any past due
or current assessments, or any other charges lienable as
assessments, with respect to the unit described in the sheriff's
certificate, then the amount paid shall be a part of the sum
required to be paid to redeem under section 582.03.
(j) In a cooperative, following foreclosure, the
association may bring an action for unlawful detainer against
the unit owner and any persons in possession of the unit, and in
that case section 504B.291 shall not apply.
(k) An association may assign its lien rights in the same
manner as any other secured party.
Sec. 78. Minnesota Statutes 1999 Supplement, section
515B.4-106, is amended to read:
515B.4-106 [PURCHASER'S RIGHT TO CANCEL.]
(a) A person required to deliver a disclosure statement
pursuant to section 515B.4-101(b) shall provide at least one of
the purchasers of the unit with a copy of the disclosure
statement and all amendments thereto before conveyance of the
unit. If a purchaser is not given a disclosure statement more
than ten days before execution of the purchase agreement, the
purchaser may, before conveyance, cancel the purchase agreement
within ten days after first receiving the disclosure statement.
If a purchaser is given the disclosure statement more than ten
days before execution of the purchase agreement, the purchaser
may not cancel the purchase agreement pursuant to this section.
Except as expressly provided in this chapter, the ten-day
rescission period cannot be waived.
(b) If an amendment to the disclosure statement materially
and adversely affects a purchaser, then the purchaser shall have
15 ten days after delivery of the amendment to cancel the
purchase agreement in accordance with this section.
(c) If a purchaser elects to cancel a purchase agreement
pursuant to this section, the purchaser may do so by giving
notice thereof pursuant to section 515B.1-115. Cancellation is
without penalty, and all payments made by the purchaser before
cancellation shall be refunded promptly. Notwithstanding
anything in this section to the contrary, the purchaser's
cancellation rights under this section terminate upon the
purchaser's acceptance of a conveyance of the unit.
(d) If a declarant obligated to deliver a disclosure
statement fails to deliver to the purchaser a disclosure
statement which substantially complies with this chapter, the
declarant shall be liable to the purchaser in the amount of
$1,000, in addition to any damages or other amounts recoverable
under this chapter or otherwise. Any action brought under this
subsection shall be commenced within the time period specified
in section 515B.4-115, subsection (a).
Sec. 79. Minnesota Statutes 1999 Supplement, section
515B.4-107, is amended to read:
515B.4-107 [RESALE OF UNITS.]
(a) In the event of a resale of a unit by a unit owner
other than a declarant, unless exempt under section
515B.4-101(c), the unit owner shall furnish to a purchaser,
before execution of any purchase agreement for a unit or
otherwise before conveyance, the following documents relating to
the association or to the master association, if applicable:
(1) copies of the declaration (other than any CIC plat),
the articles of incorporation and bylaws, any rules and
regulations, and any amendments thereto;
(2) the organizational and operating documents relating to
the master association, if any; and
(3) a resale disclosure certificate from the association
dated not more than 90 days prior to the date of the purchase
agreement or the date of conveyance, whichever is earlier,
containing the information set forth in subsection (b).
(b) The resale disclosure certificate shall contain the
following information:
(1) a statement disclosing any right of first refusal or
other restraint on the free alienability of the unit contained
in the declaration, articles of incorporation, bylaws, rules and
regulations, or any amendment thereof;
(2) a statement setting forth:
(i) the installments of annual common expense assessments
payable with respect to the unit, and the payment schedule;
(ii) the installments of special common expense
assessments, if any, payable with respect to the unit, and the
payment schedule; and
(iii) any plan approved by the association for levying
certain common expense assessments against fewer than all the
units pursuant to section 515B.3-115, subsection (h) (e), and
the amount and payment schedule for any such common expenses
payable with respect to the unit;
(3) a statement of any fees or charges other than
assessments payable by unit owners;
(4) a statement of any extraordinary expenditures approved
by the association, and not yet assessed, for the current and
two succeeding fiscal years;
(5) a statement of the amount of any reserves for
maintenance, repair or replacement and of any portions of those
reserves designated by the association for any specified
projects or uses;
(6) the most recent regularly prepared balance sheet and
income and expense statement of the association;
(7) the current budget of the association;
(8) a statement of any unsatisfied judgments against the
association and the status of any pending suits in which the
association is party;
(9) a detailed description of the insurance coverage
provided for the benefit of unit owners, including a statement
as to which, if any, of the items referred to in section
515B.3-113, subsection (b), are insured by the association;
(10) a statement as to whether the board has notified the
unit owner (i) that any alterations or improvements to the unit
or to the limited common elements assigned thereto violate any
provision of the declaration or (ii) that the unit is in
violation of any governmental statute, ordinance, code or
regulation;
(11) a statement of the remaining term of any leasehold
estate affecting the common interest community and the
provisions governing any extension or renewal thereof; and
(12) any other matters affecting the unit or the unit
owner's obligations with respect to the unit which the
association deems material.
(c) If the association is subject to a master association
to which has been delegated the association's powers under
section 515B.3-102(a)(2), then the financial information
required to be disclosed under subsection (b) may be disclosed
on a consolidated basis.
(d) The association, within ten days after a request by a
unit owner, or the unit owner's authorized representative, shall
furnish the certificate required in subsection (a). The
association may charge a reasonable fee for furnishing the
certificate and any association documents related thereto. A
unit owner providing a certificate pursuant to subsection (a) is
not liable to the purchaser for any erroneous information
provided by the association and included in the certificate.
(e) A purchaser is not liable for any unpaid common expense
assessments, including special assessments, if any, not set
forth in the certificate required in subsection (a). A
purchaser is not liable for the amount by which the annual or
special assessments exceed the amount of annual or special
assessments stated in the certificate for assessments payable in
the year in which the certificate was given, except to the
extent of any increases subsequently approved in accordance with
the declaration or bylaws. A unit owner is not liable to a
purchaser for the failure of the association to provide the
certificate, or a delay by the association in providing the
certificate in a timely manner.
Sec. 80. Minnesota Statutes 1999 Supplement, section
518.57, subdivision 3, is amended to read:
Subd. 3. [SATISFACTION OF CHILD SUPPORT OBLIGATION.] The
court may conclude that an obligor has satisfied a child support
obligation by providing a home, care, and support for the child
while the child is living with the obligor, if the court finds
that the child was integrated into the family of the obligor
with the consent of the obligee and child support payments were
not assigned to the public agency under section 256.74 or
256.741.
Sec. 81. Minnesota Statutes 1998, section 574.03, is
amended to read:
574.03 [PAYMENT OF PREMIUM.]
The premiums upon the bonds of all state officers and the
premiums on all fidelity insurance placed under the provisions
of this section and section 574.02 shall be paid out of the
appropriation for the maintenance of the department for which
such bond or insurance is required and such fidelity insurance,
when placed in lieu of individual bond, shall be deemed full
compliance with any provision of law requiring any such official
or employee to give bond to the state for the faithful discharge
of duty. If schedule or position insurance is provided covering
the personnel of any department or agency all individual
fidelity bonds covering such officers or employees theretofore
bonded shall be canceled and a proportionate part of the
premiums paid therefor refunded.
Sec. 82. Minnesota Statutes 1998, section 611A.43, is
amended to read:
611A.43 [FUNCTIONS.]
The centers shall:
(a) provide direct crisis intervention to crime victims;
(b) provide transportation for crime victims to assist them
in obtaining necessary emergency services;
(c) investigate the availability of insurance or other
financial resources available to the crime victims;
(d) refer crime victims to public or private agencies
providing existing needed services;
(e) encourage the development of services which are not
already being provided by existing agencies;
(f) coordinate the services which are already being
provided by various agencies;
(g) facilitate the general education of crime victims about
the criminal justice process;
(h) educate the public as to program availability;
(i) encourage educational programs which will serve to
reduce victimization and which will diminish the extent of
trauma where victimization occurs; and
(j) provide other appropriate services.
Sec. 83. Laws 1997, chapter 150, section 1, is amended to
read:
Section 1. Minnesota Statutes 1996, section 62J.04,
subdivision 1, is amended to read:
Subdivision 1. [COST CONTAINMENT GOALS.] (a) The
commissioner of health shall set annual cost containment goals
for public and private spending on health care services for
Minnesota residents, as provided in paragraph (b). The cost
containment goals must be set at levels the commissioner
determines to be realistic and achievable but that will reduce
the rate of growth in health care spending by at least ten
percent per year for the next five years. The commissioner
shall set cost containment goals based on available data on
spending and growth trends, including data from group
purchasers, national data on public and private sector health
care spending and cost trends, and trend information from other
states.
(b) The commissioner shall set the following annual cost
containment goals for public and private spending on health care
services for Minnesota residents:
(1) for calendar year 1994, the cost containment goal must
not exceed the change in the regional consumer price index for
urban consumers for calendar year 1993 plus 6.5 percentage
points;
(2) for calendar year 1995, the cost containment goal must
not exceed the change in the regional consumer price index for
urban consumers for calendar year 1994 plus 5.3 percentage
points;
(3) for calendar year 1996, the cost containment goal must
not exceed the change in the regional consumer price index for
urban consumers for calendar year 1995 plus 4.3 percentage
points;
(4) for calendar year 1997, the cost containment goal must
not exceed the change in the regional consumer price index for
urban consumers for calendar year 1996 plus 3.4 percentage
points; and
(5) for calendar year 1998, the cost containment goal must
not exceed the change in the regional consumer price index for
urban consumers for calendar year 1997 plus 2.6 percentage
points.
The commissioner shall adjust the cost containment goal set
for calendar year 1995 to recover savings in health care
spending required for the period July 1, 1993, to December 31,
1993.
(c) The commissioner shall publish:
(1) the projected cost containment goal in the State
Register by April 15 of the year immediately preceding the year
in which the cost containment goal will be effective except for
the year 1993, in which the cost containment goal shall be
published by July 1, 1993;
(2) the quarterly change in the regional consumer price
index for urban consumers; and
(3) the health care financing administration forecast for
total growth in the national health care expenditures. In
setting the cost containment goals, the commissioner is exempt
from the rulemaking requirements of chapter 14. The
commissioner's decision on the cost containment goals is not
appealable.
Sec. 84. Laws 1999, chapter 110, section 22, is amended to
read:
Sec. 22. [REPEALER.]
Minnesota Statutes 1998, sections 231.02; 231.03; 231.05;
231.06; 231.07; 231.10; 231.15; and 231.35, are repealed.
Sec. 85. [NO EXPIRATION; SECTION 231.15.]
Notwithstanding Minnesota Statutes, section 645.36,
Minnesota Statutes, section 231.15, is revived retroactively to
August 1, 1999.
Sec. 86. Laws 1999, chapter 139, article 4, section 3, is
amended to read:
Sec. 3. [REPEALER.]
Minnesota Statutes 1998, sections 257.069; 257.071;
257.0711; 257.072; 257.35; 257.351; 257.352; 257.353; 257.354;
257.355; 257.356; 257.3571; 257.3572; 257.3573; 257.3574;
257.3575; 257.3576; 257.3577; 257.3578; 257.3579; 257.40;
257.41; 257.42; 257.43; 257.44; 257.45; 257.46; 257.47; 257.48;
260.011, subdivision 2; 260.013; 260.015; 260.092; 260.094;
260.096; 260.101; 260.111; 260.115; 260.121; 260.125; 260.126;
260.131; 260.132; 260.133; 260.135; 260.141; 260.145; 260.151;
260.155; 260.156; 260.157; 260.161; 260.162; 260.165; 260.171;
260.172; 260.173; 260.1735; 260.174; 260.181; 260.185; 260.191;
260.192; 260.193; 260.195; 260.211; 260.215; 260.221; 260.225;
260.231; 260.235; 260.241; 260.242; 260.245; 260.251; 260.255;
260.261; 260.271; 260.281; 260.291; 260.301; 260.315; 260.35;
260.36; 260.38; 260.39; and 260.40, are repealed.
Sec. 87. Laws 1999, chapter 159, section 2, is amended to
read:
Sec. 2. Minnesota Statutes 1998, section 13.46,
subdivision 2, is amended to read:
Subd. 2. [GENERAL.] (a) Unless the data is summary data or
a statute specifically provides a different classification, data
on individuals collected, maintained, used, or disseminated by
the welfare system is private data on individuals, and shall not
be disclosed except:
(1) according to section 13.05;
(2) according to court order;
(3) according to a statute specifically authorizing access
to the private data;
(4) to an agent of the welfare system, including a law
enforcement person, attorney, or investigator acting for it in
the investigation or prosecution of a criminal or civil
proceeding relating to the administration of a program;
(5) to personnel of the welfare system who require the data
to determine eligibility, amount of assistance, and the need to
provide services of additional programs to the individual;
(6) to administer federal funds or programs;
(7) between personnel of the welfare system working in the
same program;
(8) the amounts of cash public assistance and relief paid
to welfare recipients in this state, including their names,
social security numbers, income, addresses, and other data as
required, upon request by the department of revenue to
administer the property tax refund law, supplemental housing
allowance, early refund of refundable tax credits, and the
income tax. "Refundable tax credits" means the dependent care
credit under section 290.067, the Minnesota working family
credit under section 290.0671, the property tax refund under
section 290A.04, and, if the required federal waiver or waivers
are granted, the federal earned income tax credit under section
32 of the Internal Revenue Code;
(9) between the department of human services and the
Minnesota department of economic security for the purpose of
monitoring the eligibility of the data subject for reemployment
insurance, for any employment or training program administered,
supervised, or certified by that agency, for the purpose of
administering any rehabilitation program, whether alone or in
conjunction with the welfare system, or to monitor and evaluate
the statewide Minnesota family investment program by exchanging
data on recipients and former recipients of food stamps, cash
assistance under chapter 256, 256D, 256J, or 256K, child care
assistance under chapter 119B, or medical programs under chapter
256B, 256D, or 256L;
(10) to appropriate parties in connection with an emergency
if knowledge of the information is necessary to protect the
health or safety of the individual or other individuals or
persons;
(11) data maintained by residential programs as defined in
section 245A.02 may be disclosed to the protection and advocacy
system established in this state according to Part C of Public
Law Number 98-527 to protect the legal and human rights of
persons with mental retardation or other related conditions who
live in residential facilities for these persons if the
protection and advocacy system receives a complaint by or on
behalf of that person and the person does not have a legal
guardian or the state or a designee of the state is the legal
guardian of the person;
(12) to the county medical examiner or the county coroner
for identifying or locating relatives or friends of a deceased
person;
(13) data on a child support obligor who makes payments to
the public agency may be disclosed to the higher education
services office to the extent necessary to determine eligibility
under section 136A.121, subdivision 2, clause (5);
(14) participant social security numbers and names
collected by the telephone assistance program may be disclosed
to the department of revenue to conduct an electronic data match
with the property tax refund database to determine eligibility
under section 237.70, subdivision 4a;
(15) the current address of a recipient of aid to families
with dependent children or Minnesota family investment
program-statewide may be disclosed to law enforcement officers
who provide the name of the recipient and notify the agency that:
(i) the recipient:
(A) is a fugitive felon fleeing to avoid prosecution, or
custody or confinement after conviction, for a crime or attempt
to commit a crime that is a felony under the laws of the
jurisdiction from which the individual is fleeing; or
(B) is violating a condition of probation or parole imposed
under state or federal law;
(ii) the location or apprehension of the felon is within
the law enforcement officer's official duties; and
(iii) the request is made in writing and in the proper
exercise of those duties;
(16) the current address of a recipient of general
assistance or general assistance medical care may be disclosed
to probation officers and corrections agents who are supervising
the recipient and to law enforcement officers who are
investigating the recipient in connection with a felony level
offense;
(17) information obtained from food stamp applicant or
recipient households may be disclosed to local, state, or
federal law enforcement officials, upon their written request,
for the purpose of investigating an alleged violation of the
Food Stamp Act, according to Code of Federal Regulations, title
7, section 272.1(c);
(18) the address, social security number, and, if
available, photograph of any member of a household receiving
food stamps shall be made available, on request, to a local,
state, or federal law enforcement officer if the officer
furnishes the agency with the name of the member and notifies
the agency that:
(i) the member:
(A) is fleeing to avoid prosecution, or custody or
confinement after conviction, for a crime or attempt to commit a
crime that is a felony in the jurisdiction the member is
fleeing;
(B) is violating a condition of probation or parole imposed
under state or federal law; or
(C) has information that is necessary for the officer to
conduct an official duty related to conduct described in subitem
(A) or (B);
(ii) locating or apprehending the member is within the
officer's official duties; and
(iii) the request is made in writing and in the proper
exercise of the officer's official duty;
(19) certain information regarding child support obligors
who are in arrears may be made public according to section
518.575;
(20) data on child support payments made by a child support
obligor and data on the distribution of those payments excluding
identifying information on obligees may be disclosed to all
obligees to whom the obligor owes support, and data on the
enforcement actions undertaken by the public authority, the
status of those actions, and data on the income of the obligor
or obligee may be disclosed to the other party;
(21) data in the work reporting system may be disclosed
under section 256.998, subdivision 7;
(22) to the department of children, families, and learning
for the purpose of matching department of children, families,
and learning student data with public assistance data to
determine students eligible for free and reduced price meals,
meal supplements, and free milk according to United States Code,
title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to
produce accurate numbers of students receiving assistance from
the Minnesota family investment program as required by section
126C.06; to allocate federal and state funds that are
distributed based on income of the student's family; and to
verify receipt of energy assistance for the telephone assistance
plan;
(23) the current address and telephone number of program
recipients and emergency contacts may be released to the
commissioner of health or a local board of health as defined in
section 145A.02, subdivision 2, when the commissioner or local
board of health has reason to believe that a program recipient
is a disease case, carrier, suspect case, or at risk of illness,
and the data are necessary to locate the person;
(24) to other state agencies, statewide systems, and
political subdivisions of this state, including the attorney
general, and agencies of other states, interstate information
networks, federal agencies, and other entities as required by
federal regulation or law for the administration of the child
support enforcement program;
(25) to personnel of public assistance programs as defined
in section 256.741, for access to the child support system
database for the purpose of administration, including monitoring
and evaluation of those public assistance programs; or
(26) to monitor and evaluate the Minnesota family
investment program by exchanging data between the departments of
human services and children, families, and learning, on
recipients and former recipients of food stamps, cash assistance
under chapter 256, 256D, 256J, or 256K, child care assistance
under chapter 119B, or medical programs under chapter 256B,
256D, or 256L.
(b) Information on persons who have been treated for drug
or alcohol abuse may only be disclosed according to the
requirements of Code of Federal Regulations, title 42, sections
2.1 to 2.67.
(c) Data provided to law enforcement agencies under
paragraph (a), clause (15), (16), (17), or (18), or paragraph
(b), are investigative data and are confidential or protected
nonpublic while the investigation is active. The data are
private after the investigation becomes inactive under section
13.82, subdivision 5, paragraph (a) or (b).
(d) Mental health data shall be treated as provided in
subdivisions 7, 8, and 9, but is not subject to the access
provisions of subdivision 10, paragraph (b).
Sec. 88. Laws 1999, chapter 159, section 86, is amended to
read:
Sec. 86. Minnesota Statutes 1998, section 256J.42,
subdivision 1, is amended to read:
Subdivision 1. [TIME LIMIT.] (a) Except for the exemptions
in this section and in section 256J.11, subdivision 2, an
assistance unit in which any adult caregiver has received 60
months of cash assistance funded in whole or in part by the TANF
block grant in this or any other state or United States
territory, MFIP, the AFDC program formerly codified in sections
256.72 to 256.87, or the family general assistance program
formerly codified in sections 256D.01 to 256D.23, funded in
whole or in part by state appropriations, is ineligible to
receive MFIP. Any cash assistance funded with TANF dollars in
this or any other state or United States territory, or MFIP
assistance funded in whole or in part by state appropriations,
that was received by the unit on or after the date TANF was
implemented, including any assistance received in states or
United States territories of prior residence, counts toward the
60-month limitation. The 60-month limit applies to a minor who
is the head of a household or who is married to the head of a
household except under subdivision 5. The 60-month time period
does not need to be consecutive months for this provision to
apply.
(b) The months before July 1998 in which individuals
receive received assistance as part of the field trials as an
MFIP, MFIP-R, or MFIP or MFIP-R comparison group family formerly
codified in sections 256.031 to 256.0361 or sections 256.047 to
256.048 are not included in the 60-month time limit.
Sec. 89. Laws 1999, chapter 159, section 154, is amended
to read:
Sec. 154. [REPEALER.]
(a) Minnesota Statutes 1998, sections 119B.01, subdivision
12a; 119B.05, subdivision 6; 126C.05, subdivision 4; 126C.06;
256.031, subdivision 1a; 256.736; 256.74, subdivision 1c;
256.9850; 256J.62, subdivision 5; 268.871, subdivision 5; and
290A.22, are repealed.
(b) Minnesota Rules, parts 9500.2000; 9500.2020; 9500.2060;
9500.2100; 9500.2140; 9500.2180; 9500.2220; 9500.2260;
9500.2300; 9500.2340; 9500.2380; 9500.2420; 9500.2440;
9500.2480; 9500.2500; 9500.2520; 9500.2560; 9500.2580;
9500.2600; 9500.2620; 9500.2640; 9500.2680; 9500.2700;
9500.2720; 9500.2722; 9500.2724; 9500.2726; 9500.2728;
9500.2730; 9500.2740; 9500.2760; 9500.2780; 9500.2800;
9500.2820; 9500.2860; and 9500.2880, are repealed.
Sec. 90. Laws 1999, chapter 205, article 1, section 1, is
amended to read:
Section 1. Minnesota Statutes 1998, section 13.46,
subdivision 2, is amended to read:
Subd. 2. [GENERAL.] (a) Unless the data is summary data or
a statute specifically provides a different classification, data
on individuals collected, maintained, used, or disseminated by
the welfare system is private data on individuals, and shall not
be disclosed except:
(1) according to section 13.05;
(2) according to court order;
(3) according to a statute specifically authorizing access
to the private data;
(4) to an agent of the welfare system, including a law
enforcement person, attorney, or investigator acting for it in
the investigation or prosecution of a criminal or civil
proceeding relating to the administration of a program;
(5) to personnel of the welfare system who require the data
to determine eligibility, amount of assistance, and the need to
provide services of additional programs to the individual;
(6) to administer federal funds or programs;
(7) between personnel of the welfare system working in the
same program;
(8) the amounts of cash public assistance and relief paid
to welfare recipients in this state, including their names,
social security numbers, income, addresses, and other data as
required, upon request by the department of revenue to
administer the property tax refund law, supplemental housing
allowance, early refund of refundable tax credits, and the
income tax. "Refundable tax credits" means the dependent care
credit under section 290.067, the Minnesota working family
credit under section 290.0671, the property tax refund under
section 290A.04, and, if the required federal waiver or waivers
are granted, the federal earned income tax credit under section
32 of the Internal Revenue Code;
(9) between the department of human services, the
department of children, families, and learning, and the
department of economic security for the purpose of monitoring
the eligibility of the data subject for reemployment insurance,
for any employment or training program administered, supervised,
or certified by that agency, for the purpose of administering
any rehabilitation program or child care assistance program,
whether alone or in conjunction with the welfare system, or to
monitor and evaluate the Minnesota family investment program by
exchanging data on recipients and former recipients of food
stamps, cash assistance under chapter 256, 256D, 256J, or 256K,
child care assistance under chapter 119B, or medical programs
under chapter 256B, 256D, or 256L;
(10) to appropriate parties in connection with an emergency
if knowledge of the information is necessary to protect the
health or safety of the individual or other individuals or
persons;
(11) data maintained by residential programs as defined in
section 245A.02 may be disclosed to the protection and advocacy
system established in this state according to Part C of Public
Law Number 98-527 to protect the legal and human rights of
persons with mental retardation or other related conditions who
live in residential facilities for these persons if the
protection and advocacy system receives a complaint by or on
behalf of that person and the person does not have a legal
guardian or the state or a designee of the state is the legal
guardian of the person;
(12) to the county medical examiner or the county coroner
for identifying or locating relatives or friends of a deceased
person;
(13) data on a child support obligor who makes payments to
the public agency may be disclosed to the higher education
services office to the extent necessary to determine eligibility
under section 136A.121, subdivision 2, clause (5);
(14) participant social security numbers and names
collected by the telephone assistance program may be disclosed
to the department of revenue to conduct an electronic data match
with the property tax refund database to determine eligibility
under section 237.70, subdivision 4a;
(15) the current address of a Minnesota family investment
program participant may be disclosed to law enforcement officers
who provide the name of the participant and notify the agency
that:
(i) the participant:
(A) is a fugitive felon fleeing to avoid prosecution, or
custody or confinement after conviction, for a crime or attempt
to commit a crime that is a felony under the laws of the
jurisdiction from which the individual is fleeing; or
(B) is violating a condition of probation or parole imposed
under state or federal law;
(ii) the location or apprehension of the felon is within
the law enforcement officer's official duties; and
(iii) the request is made in writing and in the proper
exercise of those duties;
(16) the current address of a recipient of general
assistance or general assistance medical care may be disclosed
to probation officers and corrections agents who are supervising
the recipient and to law enforcement officers who are
investigating the recipient in connection with a felony level
offense;
(17) information obtained from food stamp applicant or
recipient households may be disclosed to local, state, or
federal law enforcement officials, upon their written request,
for the purpose of investigating an alleged violation of the
Food Stamp Act, according to Code of Federal Regulations, title
7, section 272.1(c);
(18) the address, social security number, and, if
available, photograph of any member of a household receiving
food stamps shall be made available, on request, to a local,
state, or federal law enforcement officer if the officer
furnishes the agency with the name of the member and notifies
the agency that:
(i) the member:
(A) is fleeing to avoid prosecution, or custody or
confinement after conviction, for a crime or attempt to commit a
crime that is a felony in the jurisdiction the member is
fleeing;
(B) is violating a condition of probation or parole imposed
under state or federal law; or
(C) has information that is necessary for the officer to
conduct an official duty related to conduct described in subitem
(A) or (B);
(ii) locating or apprehending the member is within the
officer's official duties; and
(iii) the request is made in writing and in the proper
exercise of the officer's official duty;
(19) certain information regarding child support obligors
who are in arrears may be made public according to section
518.575;
(20) data on child support payments made by a child support
obligor and data on the distribution of those payments excluding
identifying information on obligees may be disclosed to all
obligees to whom the obligor owes support, and data on the
enforcement actions undertaken by the public authority, the
status of those actions, and data on the income of the obligor
or obligee may be disclosed to the other party;
(21) data in the work reporting system may be disclosed
under section 256.998, subdivision 7;
(22) to the department of children, families, and learning
for the purpose of matching department of children, families,
and learning student data with public assistance data to
determine students eligible for free and reduced price meals,
meal supplements, and free milk according to United States Code,
title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to
produce accurate numbers of students receiving Minnesota family
investment program assistance as required by section 126C.06; to
allocate federal and state funds that are distributed based on
income of the student's family; and to verify receipt of energy
assistance for the telephone assistance plan;
(23) the current address and telephone number of program
recipients and emergency contacts may be released to the
commissioner of health or a local board of health as defined in
section 145A.02, subdivision 2, when the commissioner or local
board of health has reason to believe that a program recipient
is a disease case, carrier, suspect case, or at risk of illness,
and the data are necessary to locate the person;
(24) to other state agencies, statewide systems, and
political subdivisions of this state, including the attorney
general, and agencies of other states, interstate information
networks, federal agencies, and other entities as required by
federal regulation or law for the administration of the child
support enforcement program;
(25) to personnel of public assistance programs as defined
in section 256.741, for access to the child support system
database for the purpose of administration, including monitoring
and evaluation of those public assistance programs; or
(26) to monitor and evaluate the Minnesota family
investment program by exchanging data between the departments of
human services and children, families, and learning, on
recipients and former recipients of food stamps, cash assistance
under chapter 256, 256D, 256J, or 256K, child care assistance
under chapter 119B, or medical programs under chapter 256B,
256D, or 256L.
(b) Information on persons who have been treated for drug
or alcohol abuse may only be disclosed according to the
requirements of Code of Federal Regulations, title 42, sections
2.1 to 2.67.
(c) Data provided to law enforcement agencies under
paragraph (a), clause (15), (16), (17), or (18), or paragraph
(b), are investigative data and are confidential or protected
nonpublic while the investigation is active. The data are
private after the investigation becomes inactive under section
13.82, subdivision 5, paragraph (a) or (b).
(d) Mental health data shall be treated as provided in
subdivisions 7, 8, and 9, but is not subject to the access
provisions of subdivision 10, paragraph (b).
Sec. 91. [REFERENCE CHANGE.]
The reference in Laws 1999, chapter 245, article 1, section
2, subdivision 8, item (j), to "Minnesota Statutes, section
15.17," is corrected to read "Minnesota Statutes, section
157.17."
Sec. 92. [VALIDATION OF CERTAIN HENNEPIN COUNTY HRA NOTICE
REQUIREMENTS.]
Notwithstanding Minnesota Statutes, section 645.021, Laws
1997, chapter 58, section 3, amending Minnesota Statutes,
section 383B.77, subdivision 2, having been approved by the
Hennepin county board of commissioners, is effective
retroactively to August 8, 1997, despite an apparent
irregularity in the filing of the certificate of local
approval. This section and Laws 1997, chapter 58, section 3,
are effective without further local approval and without any
filing with the secretary of state. Actions undertaken pursuant
to Laws 1997, chapter 58, section 3, are validated by this
section.
Sec. 93. [ST. PAUL SCHOOL DISTRICT PIPEFITTERS' PENSION
OPTION.]
Notwithstanding Minnesota Statutes, section 645.021, Laws
1997, chapter 241, article 2, sections 1, 8, and 12, having been
approved by a majority vote of the school board of independent
school district No. 625, St. Paul, on July 15, 1997, are
effective retroactive to May 2, 1997, despite irregularities in
the filing of the certificate of local approval. This section
and the sections of Laws 1997, chapter 241, referred to in this
section are effective without further local approval and without
any filing with the secretary of state. Actions undertaken
pursuant to any of the Laws 1997, chapter 241, sections referred
to in this section are validated by this section. This section
does not extend the expiration date of January 1, 1998, for the
authority to make the coverage exclusion election as stated in
Laws 1997, chapter 241, article 2, section 12.
Sec. 94. [NO EXPIRATION; SECTIONS 114C.20 TO 114C.28.]
Laws 1999, chapter 158, section 15, is effective
retroactively to June 30, 1999. Minnesota Statutes 1998,
sections 114C.20; 114C.21, subdivisions 1, 2, 3, 4, 5, 6, 7, 8,
10, and 12; 114C.22; 114C.23; 114C.24; 114C.25; 114C.26;
114C.27; and 114C.28, are revived, pursuant to Minnesota
Statutes, section 645.36, retroactively to June 30, 1999.
Sec. 95. [EFFECTIVE DATE; SECTION 115.741, SUBDIVISION 3.]
Laws 1999, chapter 66, section 5, is effective
retroactively to June 30, 1999.
Sec. 96. [NO EXPIRATION; SECTION 465.797, SUBDIVISION 5A.]
Laws 1999, chapter 41, section 1, is effective
retroactively to June 30, 1999. Minnesota Statutes 1998,
section 465.797, subdivision 5a, is revived pursuant to
Minnesota Statutes, section 645.36, retroactively to June 30,
1999.
Sec. 97. [REPEALER.]
(a) Minnesota Statutes 1999 Supplement, section 260C.401,
is repealed.
(b) Minnesota Statutes 1998, section 281.20, is repealed.
(c) Minnesota Statutes 1998, sections 421.11, 421.12,
421.13, and 421.14, are repealed.
(d) Minnesota Statutes 1998, section 462A.21, subdivision
19, is repealed.
(e) Laws 1987, chapter 186, section 11, is repealed.
(f) Laws 1989, chapter 282, article 5, section 45, is
repealed.
(g) Laws 1991, chapter 286, section 2, is repealed.
(h) Laws 1994, chapter 572, section 6, is repealed.
(i) Laws 1995, chapter 207, article 4, section 21,
subdivision 4, is repealed.
(j) Laws 1996, chapter 412, article 4, section 25, is
repealed.
(k) Laws 1997, chapter 85, article 3, section 18, is
repealed.
(l) Laws 1997, chapter 85, article 4, section 20, is
repealed.
(m) Laws 1997, chapter 187, article 1, section 4, is
repealed.
(n) Laws 1997, chapter 203, article 11, section 3, is
repealed.
(o) Laws 1997, chapter 217, article 1, section 89, is
repealed.
(p) Laws 1998, chapter 407, article 6, section 9, is
repealed.
(q) Laws 1999, chapter 154, section 3, is repealed.
(r) Laws 1999, chapter 159, section 6, is repealed.
(s) Laws 1999, chapter 159, section 18, is repealed.
(t) Laws 1999, chapter 159, section 49, is repealed.
(u) Laws 1999, chapter 159, section 90, is repealed.
(v) Laws 1999, chapter 159, sections 110, 112, and 113, are
repealed.
(w) Laws 1999, chapter 177, section 56, is repealed.
(x) Laws 1999, chapter 177, section 58, is repealed.
(y) Laws 1999, chapter 216, article 2, section 5, is
repealed.
Presented to the governor March 10, 2000
Signed by the governor March 14, 2000, 3:45 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes