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Minnesota Legislature

Office of the Revisor of Statutes

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                  superseded provisions; making miscellaneous technical 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.