Office of the Revisor of Statutes
Minnesota Session Laws - 2001, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 7-H.F.No. 656
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superseded provisions; making miscellaneous technical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 2000, sections 3.85, subdivision 6;
6.76; 12.31, subdivision 1; 13.06, subdivision 4;
13.51, subdivision 3; 13.54, subdivision 5; 15.059,
subdivision 5a; 16B.126; 16B.55, subdivision 4;
16B.61, subdivision 3; 16E.04, subdivision 2; 18B.36,
subdivision 1; 60B.03, subdivision 6; 62G.20,
subdivision 4; 62L.02, subdivision 24; 65B.05; 69.021,
subdivision 5; 80C.01, subdivision 4; 80C.147; 84.965,
subdivision 2; 84.98, subdivision 5; 85.055,
subdivision 1; 86B.331, subdivision 1; 103G.201;
103G.2242, subdivision 12; 103G.2243, subdivision 2;
115.49, subdivision 4; 116J.994, subdivision 6;
116J.995; 116L.01, subdivision 1; 116P.08, subdivision
2; 124D.892, subdivision 3; 145.61, subdivision 5;
148.511; 148.6402, subdivisions 14 and 16; 148.6420,
subdivisions 2 and 4; 148.6425, subdivisions 2 and 3;
148.6448, subdivision 1; 153A.20, subdivision 1;
168.012, subdivision 1; 171.173; 204D.25, subdivision
1; 216B.2424, subdivision 6; 237.065, subdivision 1;
237.763; 237.764, subdivision 3; 237.773, subdivision
1; 256B.50, subdivision 1; 260B.007, subdivision 16;
268.022, subdivision 1; 268.6715; 270.67, subdivision
4; 289A.18, subdivision 4; 289A.40, by adding a
subdivision; 289A.50, subdivision 7; 289A.60,
subdivisions 12 and 21; 297I.60, subdivision 2;
299C.67, subdivision 2; 299N.02, subdivision 2;
322B.960, subdivision 1; 356.371, subdivision 1;
356.62; 356.65, subdivision 1; 401.06; 462.352,
subdivisions 5, 7, 9, 10, and 15; 462.358, subdivision
2a; 469.126, subdivision 2; 469.301, subdivision 1;
469.304, subdivision 1; 471.59, subdivision 11;
473.901, subdivision 1; 504B.181, subdivision 4;
504B.365, subdivision 3; 515B.1-102; 515B.2-105;
517.08, subdivision 1c; 518.131, subdivision 10;
541.023, subdivision 6; 609.596, subdivision 3;
626.556, subdivision 11; and 628.26; repealing
Minnesota Statutes 2000, sections 13.485, subdivision
2; 13.99, subdivision 1; 115B.22, subdivision 8;
148.6402, subdivision 18; 168.54, subdivision 6;
181B.01; 181B.02; 181B.03; 181B.04; 181B.05; 181B.06;
181B.07; 181B.08; 181B.09; 181B.10; 181B.101; 181B.11;
181B.12; 181B.13; 181B.14; 181B.15; 181B.16; 181B.17;
383.001; 462.352, subdivision 17; 469.301,
subdivisions 6, 7, and 8; and 566.18; Laws 1997,
chapter 85, article 4, section 29; Laws 2000, chapter
254, section 30; and Laws 2000, chapter 444, article
2, sections 9 and 10.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
REVISOR'S BILL
Section 1. Minnesota Statutes 2000, section 3.85,
subdivision 6, is amended to read:
Subd. 6. [ASSISTANCE OF OTHER AGENCIES.] The commission
may request information from any state officer or agency or
public pension fund or plan as defined in section
356.61 356.615, paragraph (b), including a volunteer
firefighters' relief association to which sections 69.771 to
69.776 apply, to assist it to carry out the terms of this
section. The officer, agency, or public pension fund or plan
shall promptly furnish any data requested.
Sec. 2. Minnesota Statutes 2000, section 6.76, is amended
to read:
6.76 [LOCAL GOVERNMENTAL EXPENDITURES FOR LOBBYISTS.]
(a) On or before January 31 of each year, all counties,
cities, school districts, metropolitan agencies, regional
railroad authorities, and the metropolitan council shall report
to the state auditor, on forms prescribed by the auditor, their
estimated expenditures paid for the previous calendar year to a
lobbyist as defined in section 10A.01, subdivision 20 21, except
payments to associations of local governments that are reported
under paragraph (b), and to any staff person not registered as a
lobbyist, over 25 percent of whose time is spent during the
legislative session on legislative matters.
(b) Associations of local governments subject to this
section shall report annually, on or before January 31, to the
state auditor and the association's members the proportionate
amount of each member's dues spent for lobbying purposes.
Sec. 3. Minnesota Statutes 2000, section 12.31,
subdivision 1, is amended to read:
Subdivision 1. [DECLARATION OF NATIONAL SECURITY
EMERGENCY.] When information from the President of the United
States, the Federal Emergency Management Agency, the Department
of Defense, or the National Warning System indicates the
imminence of a national security emergency within the United
States, which means the several states, the District of
Columbia, and the Commonwealth of Puerto Rico, and the Panama
Canal Zone, or the occurrence within the state of Minnesota of a
major disaster from enemy sabotage or other hostile action, the
governor may, by proclamation, declare that a national security
emergency exists in all or any part of the state. If the
legislature is then in regular session, or, if it is not, if the
governor concurrently with the proclamation declaring the
emergency issues a call convening immediately both houses of the
legislature, the governor may exercise for a period not to
exceed 30 days the powers and duties conferred and imposed by
sections 12.31 to 12.37. The lapse of these emergency powers
does not, as regards any act occurring or committed within the
30-day period, deprive any person, political subdivision,
municipal corporation, or body politic of any right to
compensation or reimbursement that it may have under this
chapter.
Sec. 4. Minnesota Statutes 2000, section 13.06,
subdivision 4, is amended to read:
Subd. 4. [PROCEDURE WHEN CLASSIFICATION AFFECTS OTHERS.]
If the commissioner determines that an application for temporary
classification involves data which would reasonably be
classified in the same manner by all agencies, political
subdivisions, or statewide systems similar to the one which made
the application, the commissioner may approve or disapprove the
classification for data of the kind which is the subject of the
application for the use of all agencies, political subdivisions,
or statewide systems similar to the applicant. On deeming this
approach advisable, the commissioner shall provide notice of the
proposed action by publication in the State Register and by
notification to the intergovernmental information systems
advisory council, within ten days of receiving the application.
Within 30 days after publication in the State Register and
notification to the council, an affected agency, political
subdivision, the public, or statewide system may submit comments
on the commissioner's proposal. The commissioner shall consider
any comments received when granting or denying a classification
for data of the kind which is the subject of the application,
for the use of all agencies, political subdivisions, or
statewide systems similar to the applicant. Within 45 days
after the close of the period for submitting comment, the
commissioner shall grant or disapprove the application.
Applications processed under this subdivision shall be either
approved or disapproved by the commissioner within 90 days of
the receipt of the application. For purposes of subdivision 1,
the data which is the subject of the classification shall be
deemed to be classified as set forth in the application for a
period of 90 days, or until the application is disapproved or
granted by the commissioner, whichever is earlier. If requested
in the application, or determined to be necessary by the
commissioner, the data in the application shall be so classified
for all agencies, political subdivisions, or statewide systems
similar to the applicant until the application is disapproved or
granted by the commissioner, whichever is earlier. Proceedings
after the grant or disapproval shall be governed by the
provisions of subdivision 5.
Sec. 5. Minnesota Statutes 2000, section 13.51,
subdivision 3, is amended to read:
Subd. 3. [DATA ON INCOME OF INDIVIDUALS.] Income
information on individuals collected and maintained by political
subdivisions to determine eligibility of property for
classification 4c under section 273.13, subdivision 25,
paragraph (c) class 4d under section 273.126 and 273.13, is
private data on individuals as defined in section 13.02,
subdivision 12.
Sec. 6. Minnesota Statutes 2000, section 13.54,
subdivision 5, is amended to read:
Subd. 5. [PRIVATE DATA ON INDIVIDUALS.] Income information
on individuals collected and maintained by a housing agency to
determine eligibility of property for classification 4c under
section 273.13, subdivision 25, paragraph (c) class 4d under
sections 273.126 and 273.13, is private data on individuals as
defined in section 13.02, subdivision 12. The data may be
disclosed to the county and local assessors responsible for
determining eligibility of the property for classification 4c 4d.
Sec. 7. Minnesota Statutes 2000, section 15.059,
subdivision 5a, is amended to read:
Subd. 5a. [LATER EXPIRATION.] Notwithstanding subdivision
5, the advisory councils and committees listed in this
subdivision do not expire June 30, 1997. These groups expire
June 30, 2001, unless the law creating the group or this
subdivision specifies an earlier expiration date.
Investment advisory council, created in section 11A.08;
Intergovernmental information systems advisory council,
created in section 16B.42, expires June 30, 1999;
Feedlot and manure management advisory committee, created
in section 17.136;
Aquaculture advisory committee, created in section 17.49;
Dairy producers board, created in section 17.76;
Pesticide applicator education and examination review
board, created in section 18B.305;
Advisory seed potato certification task force, created in
section 21.112;
Food safety advisory committee, created in section 28A.20;
Minnesota organic advisory task force, created in section
31.95;
Public programs risk adjustment work group, created in
section 62Q.03;
Workers' compensation self-insurers' advisory committee,
created in section 79A.02;
Youth corps advisory committee, created in section 84.0887;
Iron range off-highway vehicle advisory committee, created
in section 85.013;
Mineral coordinating committee, created in section 93.002;
Game and fish fund citizen advisory committees, created in
section 97A.055;
Wetland heritage advisory committee, created in section
103G.2242;
Wastewater treatment technical advisory committee, created
in section 115.54;
Solid waste management advisory council, created in section
115A.12;
Nuclear waste council, created in section 116C.711;
Genetically engineered organism advisory committee, created
in section 116C.93;
Environment and natural resources trust fund advisory
committee, created in section 116P.06;
Child abuse prevention advisory council, created in section
119A.13;
Chemical abuse and violence prevention council, created in
section 119A.293;
Youth neighborhood centers advisory board, created in
section 119A.295;
Interagency coordinating council, created in section
125A.28, expires June 30, 1999;
Desegregation/integration advisory board, created in
section 124D.892;
Nonpublic education council, created in section 123B.445;
Permanent school fund advisory committee, created in
section 127A.30;
Indian scholarship committee, created in section 124D.84,
subdivision 2;
American Indian education committees, created in section
124D.80;
Summer scholarship advisory committee, created in section
124D.95;
Multicultural education advisory committee, created in
section 124D.894;
Male responsibility and fathering grants review committee,
created in section 124D.33;
Library for the blind and physically handicapped advisory
committee, created in section 134.31;
Higher education advisory council, created in section
136A.031;
Student advisory council, created in section 136A.031;
Cancer surveillance advisory committee, created in section
144.672;
Maternal and child health task force, created in section
145.881;
State community health advisory committee, created in
section 145A.10;
Mississippi River Parkway commission, created in section
161.1419;
School bus safety advisory committee, created in section
169.435;
Advisory council on workers' compensation, created in
section 175.007;
Code enforcement advisory council, created in section
175.008;
Medical services review board, created in section 176.103;
Apprenticeship advisory council, created in section 178.02;
OSHA advisory council, created in section 182.656;
Health professionals services program advisory committee,
created in section 214.32;
Rehabilitation advisory council for the blind, created in
section 248.10;
American Indian advisory council, created in section
254A.035;
Alcohol and other drug abuse advisory council, created in
section 254A.04;
Medical assistance drug formulary committee, created in
section 256B.0625;
Home care advisory committee, created in section 256B.071;
Preadmission screening, alternative care, and home and
community-based services advisory committee, created in section
256B.0911;
Traumatic brain injury advisory committee, created in
section 256B.093;
Minnesota commission serving deaf and hard-of-hearing
people, created in section 256C.28;
American Indian child welfare advisory council, created in
section 260.835;
Juvenile justice advisory committee, created in section
268.29;
Northeast Minnesota economic development fund technical
advisory committees, created in section 298.2213;
Iron range higher education committee, created in section
298.2214;
Northeast Minnesota economic protection trust fund
technical advisory committee, created in section 298.297;
Chemical abuse and violence prevention council, created in
section 299A.293;
Youth neighborhood centers advisory board, created in
section 299A.295;
Advisory council on battered women and domestic abuse,
created in section 611A.34.
Sec. 8. Minnesota Statutes 2000, section 16B.126, is
amended to read:
16B.126 [FUNDS FOR ENERGY EFFICIENT BULBS.]
State agencies in the executive, legislative, and judicial
branches that purchase replacement bulbs in accordance with
section 16B.61, subdivision 3, paragraph (l) (k), must use money
allocated for utility expenditures for the purchase.
Sec. 9. Minnesota Statutes 2000, section 16B.55,
subdivision 4, is amended to read:
Subd. 4. [PERSONAL VEHICLES.] No state employee shall be
compensated by the state for use of a personal vehicle for
travel between the employee's residence and the state work
station to which the employee is permanently assigned, except
pursuant to a collective bargaining agreement negotiated under
chapter 179 179A or a compensation plan adopted by the
commissioner of employee relations under section 43A.05. A
collective bargaining agreement or compensation plan may only
provide for this compensation in cases in which an employee is
called back to work during hours when the employee is not
normally working.
Sec. 10. Minnesota Statutes 2000, section 16B.61,
subdivision 3, is amended to read:
Subd. 3. [SPECIAL REQUIREMENTS.] (a) [SPACE FOR COMMUTER
VANS.] The code must require that any parking ramp or other
parking facility constructed in accordance with the code include
an appropriate number of spaces suitable for the parking of
motor vehicles having a capacity of seven to 16 persons and
which are principally used to provide prearranged commuter
transportation of employees to or from their place of employment
or to or from a transit stop authorized by a local transit
authority.
(b) [SMOKE DETECTION DEVICES.] The code must require that
all dwellings, lodging houses, apartment houses, and hotels as
defined in section 299F.362 comply with the provisions of
section 299F.362.
(c) [DOORS IN NURSING HOMES AND HOSPITALS.] The State
Building Code may not require that each door entering a sleeping
or patient's room from a corridor in a nursing home or hospital
with an approved complete standard automatic fire extinguishing
system be constructed or maintained as self-closing or
automatically closing.
(d) [CHILD CARE FACILITIES IN CHURCHES; GROUND LEVEL
EXIT.] A licensed day care center serving fewer than 30
preschool age persons and which is located in a below ground
space in a church building is exempt from the State Building
Code requirement for a ground level exit when the center has
more than two stairways to the ground level and its exit.
(e) [CHILD CARE FACILITIES IN CHURCHES; VERTICAL ACCESS.]
Until August 1, 1996, an organization providing child care in an
existing church building which is exempt from taxation under
section 272.02, subdivision 6, shall have five years from the
date of initial licensure under chapter 245A to provide interior
vertical access, such as an elevator, to persons with
disabilities as required by the State Building Code. To obtain
the extension, the organization providing child care must secure
a $2,500 performance bond with the commissioner of human
services to ensure that interior vertical access is achieved by
the agreed upon date.
(f) [FAMILY AND GROUP FAMILY DAY CARE.] Until the
legislature enacts legislation specifying appropriate standards,
the definition of Group R-3 occupancies in the State Building
Code applies to family and group family day care homes licensed
by the department of human services under Minnesota Rules,
chapter 9502.
(g) [MINED UNDERGROUND SPACE.] Nothing in the state
building codes shall prevent cities from adopting rules
governing the excavation, construction, reconstruction,
alteration, and repair of mined underground space pursuant to
sections 469.135 to 469.141, or of associated facilities in the
space once the space has been created, provided the intent of
the building code to establish reasonable safeguards for health,
safety, welfare, comfort, and security is maintained.
(h) [ENCLOSED STAIRWAYS.] No provision of the code or any
appendix chapter of the code may require stairways of existing
multiple dwelling buildings of two stories or less to be
enclosed.
(i) (h) [DOUBLE CYLINDER DEAD BOLT LOCKS.] No provision of
the code or appendix chapter of the code may prohibit double
cylinder dead bolt locks in existing single-family homes,
townhouses, and first floor duplexes used exclusively as a
residential dwelling. Any recommendation or promotion of double
cylinder dead bolt locks must include a warning about their
potential fire danger and procedures to minimize the danger.
(j) (i) [RELOCATED RESIDENTIAL BUILDINGS.] A residential
building relocated within or into a political subdivision of the
state need not comply with the State Energy Code or section
326.371 provided that, where available, an energy audit is
conducted on the relocated building.
(k) (j) [AUTOMATIC GARAGE DOOR OPENING SYSTEMS.] The code
must require all residential buildings as defined in section
325F.82 to comply with the provisions of sections 325F.82 and
325F.83.
(l) (k) [EXIT SIGN ILLUMINATION.] For a new building on
which construction is begun on or after October 1, 1993, or an
existing building on which remodeling affecting 50 percent or
more of the enclosed space is begun on or after October 1, 1993,
the code must prohibit the use of internally illuminated exit
signs whose electrical consumption during nonemergency operation
exceeds 20 watts of resistive power. All other requirements in
the code for exit signs must be complied with.
(m) (l) [EXTERIOR WOOD DECKS, PATIOS, AND BALCONIES.] The
code must permit the decking surface and upper portions of
exterior wood decks, patios, and balconies to be constructed of
(1) heartwood from species of wood having natural resistance to
decay or termites, including redwood and cedars, (2) grades of
lumber which contain sapwood from species of wood having natural
resistance to decay or termites, including redwood and cedars,
or (3) treated wood. The species and grades of wood products
used to construct the decking surface and upper portions of
exterior decks, patios, and balconies must be made available to
the building official on request before final construction
approval.
Sec. 11. Minnesota Statutes 2000, section 16E.04,
subdivision 2, is amended to read:
Subd. 2. [RESPONSIBILITIES.] (a) In addition to other
activities prescribed by law, the office shall carry out the
duties set out in this subdivision.
(b) The office shall develop and establish a state
information architecture to ensure that further state agency
development and purchase of information and communications
systems, equipment, and services is designed to ensure that
individual agency information systems complement and do not
needlessly duplicate or conflict with the systems of other
agencies. When state agencies have need for the same or similar
public data, the commissioner, in coordination with the affected
agencies, shall promote the most efficient and cost-effective
method of producing and storing data for or sharing data between
those agencies. The development of this information
architecture must include the establishment of standards and
guidelines to be followed by state agencies.
(c) The office shall assist state agencies in the planning
and management of information systems so that an individual
information system reflects and supports the state agency's
mission and the state's requirements and functions.
(d) The office shall review agency requests for legislative
appropriations for the development or purchase of information
systems equipment or software.
(e) The office shall review major purchases of information
systems equipment to:
(1) ensure that the equipment follows the standards and
guidelines of the state information architecture;
(2) ensure that the equipment is consistent with the
information management principles adopted by the information
policy council;
(3) evaluate whether the agency's proposed purchase
reflects a cost-effective policy regarding volume purchasing;
and
(4) ensure that the equipment is consistent with other
systems in other state agencies so that data can be shared among
agencies, unless the office determines that the agency
purchasing the equipment has special needs justifying the
inconsistency.
(f) The office shall review the operation of information
systems by state agencies and provide advice and assistance to
ensure that these systems are operated efficiently and
continually meet the standards and guidelines established by the
office. The standards and guidelines must emphasize uniformity
that encourages information interchange, open systems
environments, and portability of information whenever
practicable and consistent with an agency's authority and
chapter 13. The office, in consultation with the
intergovernmental information systems advisory council and the
legislative reference library, shall recommend specific
standards and guidelines for each state agency within a time
period fixed by the office in regard to the following:
(1) establishing methods and systems directed at reducing
and ultimately eliminating redundant storage of data; and
(2) establishing information sales systems that utilize
licensing and royalty agreements to the greatest extent
possible, together with procedures for agency denial of requests
for licenses or royalty agreements by commercial users or
resellers of the information. Section 3.751 does not apply to
those licensing and royalty agreements, and the agreements must
include provisions that section 3.751 does not apply and that
the state is immune from liability under the agreement.
(g) The office shall conduct a comprehensive review at
least every three years of the information systems investments
that have been made by state agencies and higher education
institutions. The review must include recommendations on any
information systems applications that could be provided in a
more cost-beneficial manner by an outside source. The office
must report the results of its review to the legislature and the
governor.
(h) The office shall report to the legislature by January
15 of each year on progress in implementing paragraph (f),
clauses (1) and (2).
Sec. 12. Minnesota Statutes 2000, section 18B.36,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENT.] (a) Except for a licensed
commercial or noncommercial applicator, only a certified private
applicator may use a restricted use pesticide to produce an
agricultural commodity:
(1) as a traditional exchange of services without financial
compensation;
(2) on a site owned, rented, or managed by the person or
the person's employees; or
(3) when the private applicator is one of two or fewer
specified individuals employed as agricultural labor employment
as defined by section 268.04 268.035, subdivision 12, paragraph
(15), clause (a) 2, and the owner or operator is a certified
private applicator or is licensed as a noncommercial applicator.
(b) A private applicator may not purchase a restricted use
pesticide without presenting a certified private applicator card
or the card number.
Sec. 13. Minnesota Statutes 2000, section 60B.03,
subdivision 6, is amended to read:
Subd. 6. [STATE.] "State" means any state of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Panama Canal Zone, and any other possession of the
United States.
Sec. 14. Minnesota Statutes 2000, section 62G.20,
subdivision 4, is amended to read:
Subd. 4. A person is not qualified for a license if upon
examination or reexamination it is determined that the person is
incompetent to act as an agent or solicitor; has acted in any
manner which would disqualify a person to hold a license as an
insurance agent or solicitor under section 60A.17, subdivision 6
sections 60K.09 and 60K.11; fails to produce documents lawfully
subpoenaed by the commissioner; or fails to appear at a hearing
to which that person is a party or has been lawfully subpoenaed.
Sec. 15. Minnesota Statutes 2000, section 62L.02,
subdivision 24, is amended to read:
Subd. 24. [QUALIFYING COVERAGE.] "Qualifying coverage"
means health benefits or health coverage provided under:
(1) a health benefit plan, as defined in this section, but
without regard to whether it is issued to a small employer and
including blanket accident and sickness insurance, other than
accident-only coverage, as defined in section 62A.11;
(2) part A or part B of Medicare;
(3) medical assistance under chapter 256B;
(4) general assistance medical care under chapter 256D;
(5) MCHA;
(6) a self-insured health plan;
(7) the MinnesotaCare program established under section
256L.02;
(8) a plan provided under section 43A.316, 43A.317, or
471.617;
(9) the Civilian Health and Medical Program of the
Uniformed Services (CHAMPUS) or other coverage provided under
United States Code, title 10, chapter 55;
(10) coverage provided by a health care network cooperative
under chapter 62R or by a health provider cooperative under
section 62R.17;
(11) a medical care program of the Indian Health Service or
of a tribal organization;
(12) the federal Employees Health Benefits Plan, or other
coverage provided under United States Code, title 5, chapter 89;
(13) a health benefit plan under section 5(e) of the Peace
Corps Act, codified as United States Code, title 22, section
2504(e);
(14) a health plan; or
(15) a plan similar to any of the above plans provided in
this state or in another state as determined by the commissioner.
Sec. 16. Minnesota Statutes 2000, section 65B.05, is
amended to read:
65B.05 [POWER OF FACILITY, GOVERNING COMMITTEE.]
The governing committee shall have the power to direct the
operation of the facility in all pursuits consistent with the
purposes and terms of sections 65B.01 to 65B.12, including but
not limited to the following:
(1) To sue and be sued in the name of the facility and to
assess each member in accord with its participation ratio to pay
any judgment against the facility as an entity, provided,
however, that no judgment against the facility shall create any
liabilities in one or more members disproportionate to their
participation ratio or an individual representing members on the
governing committee.
(2) To delegate ministerial duties, to hire a manager and
to contract for goods and services from others.
(3) To assess members on the basis of participation ratios
to cover anticipated costs of operation and administration of
the facility.
(4) To impose limitations on cancellation or nonrenewal by
members of insureds covered pursuant to placement through the
facility in addition to the limitations imposed by chapter 72A
and sections 65B.13 65B.1311 to 65B.21.
Sec. 17. Minnesota Statutes 2000, section 69.021,
subdivision 5, is amended to read:
Subd. 5. [CALCULATION OF STATE AID.] (a) The amount of
fire state aid available for apportionment, before the addition
of the minimum fire state aid allocation amount under
subdivision 7, is equal to 107 percent of the amount of premium
taxes paid to the state upon the fire, lightning, sprinkler
leakage, and extended coverage premiums reported to the
commissioner by insurers on the Minnesota Firetown Premium
Report. This amount shall be reduced by the amount required to
pay the state auditor's costs and expenses of the audits or
exams of the firefighters relief associations.
The total amount for apportionment in respect to fire state
aid must not be less than two percent of the premiums reported
to the commissioner by insurers on the Minnesota Firetown
Premium Report after subtracting the following amounts:
(1) the amount required to pay the state auditor's costs
and expenses of the audits or exams of the firefighters relief
associations; and
(2) one percent of the premiums reported by town and
farmers' mutual insurance companies and mutual property and
casualty companies with total assets of $5,000,000 or less.
(b) The total amount for apportionment as police state aid
is equal to 104 percent of the amount of premium taxes paid to
the state on the premiums reported to the commissioner by
insurers on the Minnesota Aid to Police Premium Report, plus the
payment amounts received under section 60A.152 297I.05,
subdivision 8, since the last aid apportionment, and reduced by
the amount required to pay the costs and expenses of the state
auditor for audits or exams of police relief associations. The
total amount for apportionment in respect to the police state
aid program must not be less than two percent of the amount of
premiums reported to the commissioner by insurers on the
Minnesota Aid to Police Premium Report after subtracting the
amount required to pay the state auditor's cost and expenses of
the audits or exams of the police relief associations.
(c) The commissioner shall calculate the percentage of
increase or decrease reflected in the apportionment over or
under the previous year's available state aid using the same
premiums as a basis for comparison.
(d) The amount for apportionment in respect to peace
officer state aid under paragraph (b) must be further reduced by
$1,779,000 in fiscal year 1999, $2,077,000 in fiscal year 2000,
and $2,404,000 in fiscal year 2001. These reductions in this
paragraph cancel to the general fund.
Sec. 18. Minnesota Statutes 2000, section 80C.01,
subdivision 4, is amended to read:
Subd. 4. (a) "Franchise" means (1) a contract or
agreement, either express or implied, whether oral or written,
for a definite or indefinite period, between two or more persons:
(i) by which a franchisee is granted the right to engage in
the business of offering or distributing goods or services using
the franchisor's trade name, trademark, service mark, logotype,
advertising, or other commercial symbol or related
characteristics;
(ii) in which the franchisor and franchisee have a
community of interest in the marketing of goods or services at
wholesale, retail, by lease, agreement, or otherwise; and
(iii) for which the franchisee pays, directly or
indirectly, a franchise fee; or
(2) a contract, lease, or other agreement, either express
or implied, whether oral or written, for a definite or
indefinite period, between two or more persons, whereby the
franchisee is authorized, permitted, or granted the right to
market motor vehicle fuel at retail under the franchisor's trade
name, trademark, service mark, logotype, or other commercial
symbol or related characteristics owned or controlled by the
franchisor; or
(3) the sale or lease of any products, equipment, chattels,
supplies, or services to the purchaser, other than the sale of
sales demonstration equipment, materials or samples for a total
price of $500 or less to any one person, for the purpose of
enabling the purchaser to start a business and in which the
seller:
(i) represents that the seller, lessor, or an affiliate
thereof will provide locations or assist the purchaser in
finding locations for the use or operation of vending machines,
racks, display cases, or similar devices, or currency operated
amusement machines or devices, on premises neither owned or
leased by the purchaser or seller; or
(ii) represents that the seller will purchase any or all
products made, produced, fabricated, grown, bred, or modified by
the purchaser using, in whole or in part, the supplies,
services, or chattels sold to the purchaser; or
(iii) guarantees that the purchaser will derive income from
the business which exceeds the price paid to the seller; or
(4) an oral or written contract or agreement, either
expressed or implied, for a definite or indefinite period,
between two or more persons, under which a manufacturer, selling
security systems through dealers or distributors in this state,
requires regular payments from the distributor or dealer as
royalties or residuals for products purchased and paid for by
the dealer or distributor.
(b) "Franchise" does not include any business which is
operated under a lease or license on the premises of the lessor
or licensor as long as such business is incidental to the
business conducted by the lessor or licensor on such premises,
including, without limitation, leased departments, licensed
departments, and concessions.
(c) "Franchise" does not include any contract, lease or
other agreement whereby the franchisee is required to pay less
than $100 on an annual basis, except those franchises identified
in paragraph (a), clause (2).
(d) "Franchise" does not include a contract, lease or other
agreement between a new motor vehicle manufacturer, distributor,
or factory branch and a franchisee whereby the franchisee is
granted the right to market automobiles, motorcycles, trucks,
truck tractors, or self-propelled motor homes or campers if the
foregoing are designed primarily for the transportation of
persons or property on public highways.
(e) "Franchise" does not include a contract, lease, or
other agreement or arrangement between two or more air carriers,
or between one or more air carriers and one or more foreign air
carriers. The terms "air carrier" and "foreign air carrier"
shall have the meanings assigned to them by the Federal Aviation
Act, United States Code Appendix, title 49, sections 1301(3) and
1301(22), respectively.
(f) For purposes of this chapter, a person who sells motor
vehicle fuel at wholesale who does not own or control, or is not
an affiliate of a person who, owns or controls, the trademark,
trade name, service mark, logotype, or other commercial symbol
or related characteristics under which the motor vehicle fuel is
sold at retail, is not a franchisor or a franchisee, and is not
considered to be part of a franchise relationship.
Sec. 19. Minnesota Statutes 2000, section 80C.147, is
amended to read:
80C.147 [CHANGE IN OWNERSHIP.]
A motor vehicle fuel franchisor, or an affiliate of such
franchisor, who (1) determines to (1) sell or transfer its
interests in marketing premises occupied by a franchisee, and
(2) in connection with such sale or transfer assigns its
interest as a franchisor in a franchise agreement applicable to
such premises, shall offer to the franchisee occupying the
premises those rights contained in United States Code, title 15,
section 2802(b)(3)(D)(iii)(I) or (II). This section expires 12
months after May 5, 2000.
Sec. 20. Minnesota Statutes 2000, section 84.965,
subdivision 2, is amended to read:
Subd. 2. [CORPS MEMBER STATUS; FEES.] All camp staff
except camp directors in the young adult program are corps
members. Corps members are not covered for unemployment
benefits if their services are excluded under section
268.04 268.035, subdivision 12 20, and they are not eligible for
other benefits except workers' compensation. The corps members
are not employees of the state of Minnesota within the meaning
of section 43A.02, subdivision 21. The commissioner may charge
a fee for any service performed by the corps.
Sec. 21. Minnesota Statutes 2000, section 84.98,
subdivision 5, is amended to read:
Subd. 5. [CORPS MEMBER STATUS.] Minnesota conservation
corps members are not covered for unemployment benefits if their
services are excluded under section 268.04 268.035,
subdivision 12 20, and they are not eligible for other benefits
except workers' compensation. The corps members are not
employees of the state within the meaning of section 43A.02,
subdivision 21.
Sec. 22. Minnesota Statutes 2000, section 85.055,
subdivision 1, is amended to read:
Subdivision 1. [FEES.] The fee for state park permits for:
(1) an annual use of state parks is $20;
(2) a second vehicle state park permit is $15;
(3) a state park permit valid up to two days for one day is
$4;
(4) a daily vehicle state park permit for groups is $2;
(5) an employee's state park permit is without charge; and
(6) a state park permit for handicapped persons under
section 85.053, subdivision 7, clauses (1) and (2), is $12.
The fees specified in this subdivision include any sales
tax required by state law.
Sec. 23. Minnesota Statutes 2000, section 86B.331,
subdivision 1, is amended to read:
Subdivision 1. [ACTS PROHIBITED.] (a) An owner or other
person having charge or control of a motorboat may not authorize
or allow an individual the person knows or has reason to believe
is under the influence of alcohol or a controlled or other
substance to operate the motorboat in operation on the waters of
this state.
(b) An owner or other person having charge or control of a
motorboat may not knowingly authorize or allow a person, who by
reason of a physical or mental disability is incapable of
operating the motorboat, to operate the motorboat in operation
on the waters of this state.
(c) A person who operates or is in physical control of a
motorboat on the waters of this state is subject to chapter
169A. In addition to the applicable sanctions under chapter
169A, a person who is convicted of violating section 169A.20 or
an ordinance in conformity with it while operating a motorboat,
shall be prohibited from operating the motorboat on the waters
of this state for a period of 90 days between May 1 and October
31, extending over two consecutive years if necessary. If the
person operating the motorboat refuses to comply with a lawful
demand to submit to testing under sections 169A.50 to 169A.53 or
an ordinance in conformity with it, the person shall be
prohibited from operating the motorboat for a period of one
year. The commissioner shall notify the person of the period
during which the person is prohibited from operating a motorboat.
(d) Administrative and judicial review of the operating
privileges prohibition is governed by section 97B.066,
subdivisions 7 to 9, if the person does not have a prior
impaired driving conviction or prior license revocation, as
defined in section 169A.03. Otherwise, administrative and
judicial review of the prohibition is governed by section
169A.53.
(e) The court shall promptly forward to the commissioner
and the department of public safety copies of all convictions
and criminal and civil sanctions imposed under this section and
chapter chapters 169 and 169A relating to motorboats.
(f) A person who violates paragraph (a) or (b), or an
ordinance in conformity with either of them, is guilty of a
misdemeanor.
(g) For purposes of this subdivision, a motorboat "in
operation" does not include a motorboat that is anchored,
beached, or securely fastened to a dock or other permanent
mooring, or a motorboat that is being rowed or propelled by
other than mechanical means.
Sec. 24. Minnesota Statutes 2000, section 103G.201, is
amended to read:
103G.201 [PUBLIC WATERS INVENTORY.]
(a) The commissioner shall prepare a public waters
inventory map of each county that shows the waters of this state
that are designated as public waters under the public waters
inventory and classification procedures prescribed under Laws
1979, chapter 199. The public waters inventory map for each
county must be filed with the auditor of the county.
(b) The commissioner is authorized to revise the list of
public waters established under Laws 1979, chapter 199, to
reclassify those types 3, 4, and 5 wetlands previously
identified as public waters wetlands under Laws 1979, chapter
199, as public waters or as wetlands under section 103G.005,
subdivision 19. The commissioner may only reclassify public
waters wetlands as public waters if:
(1) they are assigned a shoreland management classification
by the commissioner under sections 103F.201 to 103F.22 103F.221;
or
(2) they are classified as lacustrine wetlands according to
Classification of Wetlands and Deepwater Habitats of the United
States (Cowardin, et al., 1979 edition).
(c) The commissioner must provide notice of the
reclassification to the local government unit, the county board,
the watershed district, if one exists for the area, and the soil
and water conservation district. Within 60 days of receiving
notice from the commissioner, a party required to receive the
notice may provide a resolution stating objections to the
reclassification. If the commissioner receives an objection
from a party required to receive the notice, the
reclassification is not effective. If the commissioner does not
receive an objection from a party required to receive the
notice, the reclassification of a wetland under paragraph (b) is
effective 60 days after the notice is received by all of the
parties.
(d) The commissioner shall give priority to the
reclassification of public waters wetlands that are or have the
potential to be affected by public works projects.
Sec. 25. Minnesota Statutes 2000, section 103G.2242,
subdivision 12, is amended to read:
Subd. 12. [REPLACEMENT CREDITS.] (a) No public or private
wetland restoration, enhancement, or construction may be allowed
for replacement unless specifically designated for replacement
and paid for by the individual or organization performing the
wetland restoration, enhancement, or construction, and is
completed prior to any draining or filling of the wetland.
(b) Paragraph (a) does not apply to a wetland whose owner
has paid back with interest the individual or organization
restoring, enhancing, or constructing the wetland.
(c) Notwithstanding section 103G.222, subdivision 1,
paragraph (i) (h), the following actions are eligible for
replacement credit as determined by the local government unit,
including enrollment in a statewide wetlands bank:
(1) Reestablishment of permanent vegetative cover on a
wetland that was planted with annually seeded crops, was in a
crop rotation seeding of pasture grasses or legumes, or was
required to be set aside to receive price supports or other
payments under United States Code, title 7, sections 1421 to
1469, in six of the last ten years prior to January 1, 1991.
Replacement credit may not exceed 50 percent of the total
wetland area vegetatively restored;
(2) Buffer areas of permanent vegetative cover established
on upland adjacent to replacement wetlands, provided that the
upland buffer must be established at the time of wetland
replacement and replacement credit for the buffer may not exceed
75 percent of the replacement wetland area and may only be used
for replacement above a 1:1 ratio;
(3) Wetlands restored for conservation purposes under
terminated easements or contracts, provided that up to 75
percent of the restored wetland area is eligible for replacement
credit and adjacent upland buffer areas reestablished to
permanent vegetative cover are eligible for replacement credit
above a 1:1 ratio in an amount not to exceed 25 percent of the
restored wetland area; and
(4) Water quality treatment ponds constructed to pretreat
storm water runoff prior to discharge to wetlands, public
waters, or other water bodies, provided that the water quality
treatment ponds must be associated with an ongoing or proposed
project that will impact a wetland and replacement credit for
the treatment ponds may not exceed 75 percent of the treatment
pond area and may only be used for replacement above a 1:1 ratio.
Sec. 26. Minnesota Statutes 2000, section 103G.2243,
subdivision 2, is amended to read:
Subd. 2. [PLAN CONTENTS.] A comprehensive wetland
protection and management plan may:
(1) provide for classification of wetlands in the plan area
based on:
(i) an inventory of wetlands in the plan area;
(ii) an assessment of the wetland functions listed in
section 103B.3355, using a methodology chosen by the technical
evaluation panel from one of the methodologies established or
approved by the board under that section; and
(iii) the resulting public values;
(2) vary application of the sequencing standards in section
103G.222, subdivision 1, paragraph (b), for projects based on
the classification and criteria set forth in the plan;
(3) vary the replacement standards of section 103G.222,
subdivision 1, paragraphs (f) (e) and (g) (f), based on the
classification and criteria set forth in the plan, for specific
wetland impacts provided there is no net loss of public values
within the area subject to the plan, and so long as:
(i) in a 50 to 80 percent area, a minimum acreage
requirement of one acre of replaced wetland for each acre of
drained or filled wetland requiring replacement is met within
the area subject to the plan; and
(ii) in a less than 50 percent area, a minimum acreage
requirement of two acres of replaced wetland for each acre of
drained or filled wetland requiring replacement is met within
the area subject to the plan, except that replacement for the
amount above a 1:1 ratio can be accomplished as described in
section 103G.2242, subdivision 12;
(4) in a greater than 80 percent area, allow replacement
credit, based on the classification and criteria set forth in
the plan, for any project that increases the public value of
wetlands, including activities on adjacent upland acres; and
(5) in a greater than 80 percent area, based on the
classification and criteria set forth in the plan, expand the
application of the exemptions in section 103G.2241, subdivision
1, paragraph (a), clause (4), to also include nonagricultural
land, provided there is no net loss of wetland values.
Sec. 27. Minnesota Statutes 2000, section 115.49,
subdivision 4, is amended to read:
Subd. 4. [NEW RATES AND CHARGES.] Any municipality which
is a party to a contract for any of the purposes specified in
subdivision 3, and which operates a plant for the disposal of
sewage, industrial wastes, or other wastes, or which is a city
of the first class comprising a part of a sanitary district
under chapter 445 may, upon written notice to the other party or
parties, fix new rates and charges for the service performed
under the contract, notwithstanding any provision of law,
charter, or the contract to the contrary. Any other party or
parties to such a contract with a municipality which operates
such a plant, or with a city of the first class comprising a
part of a sanitary district under chapter 445 may, upon written
notice to such municipality, demand that new rates and charges
be fixed for service performed under the contract,
notwithstanding any provision of law, charter, or the contract
to the contrary. Whenever notice is given as provided herein,
it shall be the duty of the municipality operating the plant for
the disposal of sewage, industrial wastes, or other wastes, or a
city of the first class comprising a part of a sanitary district
under chapter 445, to hold a hearing for the determination of
proper rates and charges. A valid notice given under this
subdivision of a demand to fix new rates and charges as to any
contract precludes another such notice by any party as to that
contract for a period of five years from the time of the notice,
or the time of dismissal of proceedings under a notice, or the
time of determination of rates and charges by the affected
agencies or by judgment, as the case may be, whichever of these
events is last, but there may always be a contract change under
subdivision 3; provided there can be no such demand as of right
within the first five years of a contract. A municipality which
may be affected by determination of new rates and charges in
such a proceeding may participate in the proceeding as an
interested third party by filing a notice of its intention to so
participate with the clerk of the municipality to which the
original notice was directed. If any party to the contract
involved in the proceeding initiated by notice of demand for new
rates and charges is dissatisfied with the rates and charges as
set in the proceeding it may within 30 days after such
determination by written notice given to the other party or
parties elect to submit the matters in dispute to a board of
arbitration which shall be created as follows: The municipality
making such written election shall in such written election
appoint a referee; the other municipality shall within ten days
after such election and appointment also appoint a referee; the
two referees shall appoint a third referee, or if they fail for
ten days to do so, unless the municipalities mutually extend the
time for them to do so the district court of a judicial district
which is mutually agreeable to the municipalities shall make the
appointment of the third referee. A decision of the majority of
the board shall be a decision of the board. Each municipality
shall pay the compensation of the referee appointed by it, and
one-half of the compensation of the third referee, such
compensation to be at the rate usually charged by such person
for services in the person's profession or occupation. The
hearing initiated by the notice of demand to fix new rates and
charges and all proceedings in connection therewith shall be in
conformity with sections 14.57 to 14.62 and the municipality
conducting the hearing is an agency as such term is used in such
sections. Any party to the contract aggrieved by the decision
or order made in conformity with such provisions shall be
entitled to judicial review in the district court in the county
in which such decision or order was made and in the manner
provided in subdivision 5. The new rates and charges
established by the agency upon the initial demand will continue
until the proper rates and charges are finally determined,
notwithstanding submission to arbitration or judicial review,
but the order or judgment which finally determines legality will
provide for adjustment of overpayment or underpayment, if any,
during the period after the new rates and charges were initially
fixed.
All records of any municipality relating to such rates and
charges shall be available at all reasonable times for
examination by any municipality.
Sec. 28. Minnesota Statutes 2000, section 116J.994,
subdivision 6, is amended to read:
Subd. 6. [FAILURE TO MEET GOALS.] The subsidy agreement
must specify the recipient's obligation if the recipient does
not fulfill the agreement. At a minimum, the agreement must
require a recipient failing to meet subsidy agreement goals to
pay back the assistance plus interest to the grantor or, at the
grantor's option, to the account created under section 116J.551
provided that repayment may be prorated to reflect partial
fulfillment of goals. The interest rate must be set at no less
than the implicit price deflator as defined under section
275.70, subdivision 2 for government consumption expenditures
and gross investment for state and local governments prepared by
the bureau of economic analysis of the United States Department
of Commerce for the 12-month period ending March 31 of the
previous year. The grantor, after a public hearing, may extend
for up to one year the period for meeting the wage and job goals
under subdivision 4 provided in a subsidy agreement. A grantor
may extend the period for meeting other goals under subdivision
3, paragraph (a), clause (3), by documenting in writing the
reason for the extension and attaching a copy of the document to
its next annual report to the department.
A recipient that fails to meet the terms of a subsidy
agreement may not receive a business subsidy from any grantor
for a period of five years from the date of failure or until a
recipient satisfies its repayment obligation under this
subdivision, whichever occurs first.
Before a grantor signs a business subsidy agreement, the
grantor must check with the compilation and summary report
required by this section to determine if the recipient is
eligible to receive a business subsidy.
Sec. 29. Minnesota Statutes 2000, section 116J.995, is
amended to read:
116J.995 [ECONOMIC GRANTS.]
An appropriation rider in an appropriation to the
department of trade and economic development that specifies that
the appropriation be granted to a particular business or class
of businesses must contain a statement of the expected benefits
associated with the grant. At a minimum, the statement must
include goals for the number of jobs created, wages paid, and
the tax revenue increases due to the grant. The wage and job
goals must contain specific goals to be attained within two
years of the benefit date. The statement must specify the
recipient's obligation if the recipient does not attain the
goals. At a minimum, the statement must require a recipient
failing to meet the job and wage goals to pay back the
assistance plus interest to the department of trade and economic
development provided that repayment may be prorated to reflect
partial fulfillment of goals. The interest rate must be set at
no less than the implicit price deflator as defined under
section 275.70 116J.994, subdivision 2 6. The legislature,
after a public hearing, may extend for up to one year the period
for meeting the goals provided in the statement.
Sec. 30. Minnesota Statutes 2000, section 116L.01,
subdivision 1, is amended to read:
Subdivision 1. [GENERALLY.] For the purposes of sections
116L.01 to 116L.05 this chapter, the terms defined in this
section have the meanings given them.
Sec. 31. Minnesota Statutes 2000, section 116P.08,
subdivision 2, is amended to read:
Subd. 2. [EXCEPTIONS.] Money from the trust fund may not
be spent for:
(1) purposes of environmental compensation and liability
under chapter 115B and response actions under chapter 115C;
(2) purposes of municipal water pollution control under the
authority of chapters 115 and 116, including combined sewer
overflow under section 116.162;
(3) costs associated with the decommissioning of nuclear
power plants;
(4) hazardous waste disposal facilities;
(5) solid waste disposal facilities; or
(6) projects or purposes inconsistent with the strategic
plan.
Sec. 32. Minnesota Statutes 2000, section 124D.892,
subdivision 3, is amended to read:
Subd. 3. [ADVISORY BOARD.] The commissioner shall
establish an advisory board composed of:
(1) nine superintendents, eight shall be of whom are
selected by the superintendents of the school districts located
in whole or in part within each of the eight metropolitan
districts established under section 473.123, subdivision 3c, and
one superintendent of who is from a district outside the
seven-county metropolitan area and is from a district that is
considered racially isolated or that has a racially isolated
school site according to Minnesota Rules, part 3535.0110;
(2) one person each selected by the Indian affairs council,
the council on Asian-Pacific Minnesotans, the council on Black
Minnesotans, and the council on affairs of Chicano/Latino
people; and
(3) the superintendent of independent school district No.
709, Duluth.
The advisory board shall advise the office on complying
with the requirements under subdivision 1. The advisory board
may solicit comments from teachers, parents, students, and
interested community organizations and others.
Sec. 33. Minnesota Statutes 2000, section 145.61,
subdivision 5, is amended to read:
Subd. 5. [REVIEW ORGANIZATION.] "Review organization"
means a nonprofit organization acting according to clause (k), a
committee as defined under section 144E.32, subdivision 2, or a
committee whose membership is limited to professionals,
administrative staff, and consumer directors, except where
otherwise provided for by state or federal law, and which is
established by one or more of the following: a hospital, a
clinic, a nursing home, an ambulance service or first responder
service regulated under chapter 144E, one or more state or local
associations of professionals, an organization of professionals
from a particular area or medical institution, a health
maintenance organization as defined in chapter 62D, a community
integrated service network as defined in chapter 62N, a
nonprofit health service plan corporation as defined in chapter
62C, a preferred provider organization, a professional standards
review organization established pursuant to United States Code,
title 42, section 1320c-1 et seq., a medical review agent
established to meet the requirements of section 256B.04,
subdivision 15, or 256D.03, subdivision 7, paragraph (b), the
department of human services, a health provider cooperative
operating under sections 62R.17 to 62R.26, or a corporation
organized under chapter 317A that owns, operates, or is
established by one or more of the above referenced entities, to
gather and review information relating to the care and treatment
of patients for the purposes of:
(a) evaluating and improving the quality of health care
rendered in the area or medical institution or by the entity or
organization that established the review organization;
(b) reducing morbidity or mortality;
(c) obtaining and disseminating statistics and information
relative to the treatment and prevention of diseases, illness
and injuries;
(d) developing and publishing guidelines showing the norms
of health care in the area or medical institution or in the
entity or organization that established the review organization;
(e) developing and publishing guidelines designed to keep
within reasonable bounds the cost of health care;
(f) reviewing the quality or cost of health care services
provided to enrollees of health maintenance organizations,
community integrated service networks, health service plans,
preferred provider organizations, and insurance companies;
(g) acting as a professional standards review organization
pursuant to United States Code, title 42, section 1320c-1 et
seq.;
(h) determining whether a professional shall be granted
staff privileges in a medical institution, membership in a state
or local association of professionals, or participating status
in a nonprofit health service plan corporation, health
maintenance organization, community integrated service network,
preferred provider organization, or insurance company, or
whether a professional's staff privileges, membership, or
participation status should be limited, suspended or revoked;
(i) reviewing, ruling on, or advising on controversies,
disputes or questions between:
(1) health insurance carriers, nonprofit health service
plan corporations, health maintenance organizations, community
integrated service networks, self-insurers and their insureds,
subscribers, enrollees, or other covered persons;
(2) professional licensing boards and health providers
licensed by them;
(3) professionals and their patients concerning diagnosis,
treatment or care, or the charges or fees therefor;
(4) professionals and health insurance carriers, nonprofit
health service plan corporations, health maintenance
organizations, community integrated service networks, or
self-insurers concerning a charge or fee for health care
services provided to an insured, subscriber, enrollee, or other
covered person;
(5) professionals or their patients and the federal, state,
or local government, or agencies thereof;
(j) providing underwriting assistance in connection with
professional liability insurance coverage applied for or
obtained by dentists, or providing assistance to underwriters in
evaluating claims against dentists;
(k) acting as a medical review agent under section 256B.04,
subdivision 15, or 256D.03, subdivision 7, paragraph (b);
(l) providing recommendations on the medical necessity of a
health service, or the relevant prevailing community standard
for a health service;
(m) providing quality assurance as required by United
States Code, title 42, sections 1396r(b)(1)(b) and
1395i-3(b)(1)(b) of the Social Security Act;
(n) providing information to group purchasers of health
care services when that information was originally generated
within the review organization for a purpose specified by this
subdivision; or
(o) providing information to other, affiliated or
nonaffiliated review organizations, when that information was
originally generated within the review organization for a
purpose specified by this subdivision, and as long as that
information will further the purposes of a review organization
as specified by this subdivision.
Sec. 34. Minnesota Statutes 2000, section 148.511, is
amended to read:
148.511 [SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS.]
Sections 148.511 to 148.5196 apply only to persons who are
applicants for registration, who are registered, who use
protected titles, or who represent that they are registered.
Sections 148.511 to 148.5196 do not apply to school personnel
licensed by the board of teaching under Minnesota Rules, part
8700.5505, provided that school personnel practicing within the
scope of their licensed occupation preface titles protected
under section 148.513 with the words "school" or "educational."
Sec. 35. Minnesota Statutes 2000, section 148.6402,
subdivision 14, is amended to read:
Subd. 14. [OCCUPATIONAL THERAPIST.] Except as provided in
section 148.6408, subdivision 3, paragraph (b), "Occupational
therapist" means an individual who meets the qualifications in
sections 148.6401 to 148.6450 and is licensed by the
commissioner. For purposes of section 148.6408, subdivision 3,
paragraph (b), occupational therapist means the employment title
of a natural person before June 17, 1996.
Sec. 36. Minnesota Statutes 2000, section 148.6402,
subdivision 16, is amended to read:
Subd. 16. [OCCUPATIONAL THERAPY ASSISTANT.] Except as
provided in section 148.6410, subdivision 3, "Occupational
therapy assistant" means an individual who meets the
qualifications for an occupational therapy assistant in sections
148.6401 to 148.6450 and is licensed by the commissioner. For
purposes of section 148.6410, subdivision 3, occupational
therapy assistant means the employment title of a natural person
before June 17, 1996.
Sec. 37. Minnesota Statutes 2000, section 148.6420,
subdivision 2, is amended to read:
Subd. 2. [PERSONS APPLYING FOR LICENSURE UNDER SECTION
148.6408 OR 148.6410.] Persons applying for licensure under
section 148.6408, subdivisions 1 and 2, or 148.6410,
subdivisions 1 and 2, must submit the materials required in
subdivision 1 and the following:
(1) a certificate of successful completion of the
requirements in section 148.6408, subdivision 1, or 148.6410,
subdivision 1; and
(2) the applicant's test results from the examining agency,
as evidence that the applicant received a qualifying score on a
credentialing examination meeting the requirements of section
148.6408, subdivision 2, or 148.6410, subdivision 2.
Sec. 38. Minnesota Statutes 2000, section 148.6420,
subdivision 4, is amended to read:
Subd. 4. [APPLICANTS CREDENTIALED IN ANOTHER
JURISDICTION.] In addition to providing the materials required
in subdivision 1, an applicant credentialed in another
jurisdiction must request that the appropriate government body
in each jurisdiction in which the applicant holds or held an
occupational therapy credential send a letter to the
commissioner that verifies the applicant's credentials. Except
as provided in section 148.6418, a license shall not be issued
until the commissioner receives letters verifying each of the
applicant's credentials. Each letter must include the
applicant's name, and date of birth, credential number, and date
of issuance, a statement regarding investigations pending and
disciplinary actions taken or pending against the applicant,
current status of the credential, and the terms under which the
credential was issued.
Sec. 39. Minnesota Statutes 2000, section 148.6425,
subdivision 2, is amended to read:
Subd. 2. [LICENSURE RENEWAL AFTER LICENSURE EXPIRATION
DATE.] Except as provided in subdivision 4, An individual whose
application for licensure renewal is received after the
licensure expiration date must submit the following:
(1) a completed and signed application for licensure
following lapse in licensed status on forms provided by the
commissioner;
(2) the renewal fee and the late fee required under section
148.6445;
(3) proof of having met the continuing education
requirements since the individual's initial licensure or last
licensure renewal; and
(4) additional information as requested by the commissioner
to clarify information in the application, including information
to determine whether the individual has engaged in conduct
warranting disciplinary action as set forth in section
148.6448. The information must be submitted within 30 days
after the commissioner's request.
Sec. 40. Minnesota Statutes 2000, section 148.6425,
subdivision 3, is amended to read:
Subd. 3. [LICENSURE RENEWAL FOUR YEARS OR MORE AFTER
LICENSURE EXPIRATION DATE.] (a) Except as provided in
subdivision 4, An individual who requests licensure renewal four
years or more after the licensure expiration date must submit
the following:
(1) a completed and signed application for licensure on
forms provided by the commissioner;
(2) the renewal fee and the late fee required under section
148.6445;
(3) proof of having met the continuing education
requirement for the most recently completed two-year continuing
education cycle; and
(4) at the time of the next licensure renewal, proof of
having met the continuing education requirement, which shall be
prorated based on the number of months licensed during the
biennial licensure period.
(b) In addition to the requirements in paragraph (a), the
applicant must submit proof of one of the following:
(1) verified documentation of successful completion of 160
hours of supervised practice approved by the commissioner as
described in paragraph (c);
(2) verified documentation of having achieved a qualifying
score on the credentialing examination for occupational
therapists or the credentialing examination for occupational
therapy assistants administered within the past year; or
(3) documentation of having completed a combination of
occupational therapy courses or an occupational therapy
refresher program that contains both a theoretical and clinical
component approved by the commissioner. Only courses completed
within one year preceding the date of the application or one
year after the date of the application qualify for approval.
(c) To participate in a supervised practice as described in
paragraph (b), clause (1), the applicant shall obtain limited
licensure. To apply for limited licensure, the applicant shall
submit the completed limited licensure application, fees, and
agreement for supervision of an occupational therapist or
occupational therapy assistant practicing under limited
licensure signed by the supervising therapist and the
applicant. The supervising occupational therapist shall state
the proposed level of supervision on the supervision agreement
form provided by the commissioner. The supervising therapist
shall determine the frequency and manner of supervision based on
the condition of the patient or client, the complexity of the
procedure, and the proficiencies of the supervised occupational
therapist. At a minimum, a supervising occupational therapist
shall be on the premises at all times that the person practicing
under limited licensure is working; be in the room ten percent
of the hours worked each week by the person practicing under
provisional limited licensure; and provide daily face-to-face
collaboration for the purpose of observing service competency of
the occupational therapist or occupational therapy assistant,
discussing treatment procedures and each client's response to
treatment, and reviewing and modifying, as necessary, each
treatment plan. The supervising therapist shall document the
supervision provided. The occupational therapist participating
in a supervised practice is responsible for obtaining the
supervision required under this paragraph and must comply with
the commissioner's requirements for supervision during the
entire 160 hours of supervised practice. The supervised
practice must be completed in two months and may be completed at
the applicant's place of work.
(d) In addition to the requirements in paragraphs (a) and
(b), the applicant must submit additional information as
requested by the commissioner to clarify information in the
application, including information to determine whether the
applicant has engaged in conduct warranting disciplinary action
as set forth in section 148.6448. The information must be
submitted within 30 days after the commissioner's request.
Sec. 41. Minnesota Statutes 2000, section 148.6448,
subdivision 1, is amended to read:
Subdivision 1. [GROUNDS FOR DENIAL OF LICENSURE OR
DISCIPLINE.] The commissioner may deny an application for
licensure, may approve licensure with conditions, or may
discipline a licensee using any disciplinary actions listed in
subdivision 3 on proof that the individual has:
(1) intentionally submitted false or misleading information
to the commissioner or the advisory council;
(2) failed, within 30 days, to provide information in
response to a written request by the commissioner or advisory
council;
(3) performed services of an occupational therapist or
occupational therapy assistant in an incompetent manner or in a
manner that falls below the community standard of care;
(4) failed to satisfactorily perform occupational therapy
services during a period of provisional temporary licensure;
(5) violated sections 148.6401 to 148.6450;
(6) failed to perform services with reasonable judgment,
skill, or safety due to the use of alcohol or drugs, or other
physical or mental impairment;
(7) been convicted of violating any state or federal law,
rule, or regulation which directly relates to the practice of
occupational therapy;
(8) aided or abetted another person in violating any
provision of sections 148.6401 to 148.6450;
(9) been disciplined for conduct in the practice of an
occupation by the state of Minnesota, another jurisdiction, or a
national professional association, if any of the grounds for
discipline are the same or substantially equivalent to those in
sections 148.6401 to 148.6450;
(10) not cooperated with the commissioner or advisory
council in an investigation conducted according to subdivision
2;
(11) advertised in a manner that is false or misleading;
(12) engaged in dishonest, unethical, or unprofessional
conduct in connection with the practice of occupational therapy
that is likely to deceive, defraud, or harm the public;
(13) demonstrated a willful or careless disregard for the
health, welfare, or safety of a client;
(14) performed medical diagnosis or provided treatment,
other than occupational therapy, without being licensed to do so
under the laws of this state;
(15) paid or promised to pay a commission or part of a fee
to any person who contacts the occupational therapist for
consultation or sends patients to the occupational therapist for
treatment;
(16) engaged in an incentive payment arrangement, other
than that prohibited by clause (15), that promotes occupational
therapy overutilization, whereby the referring person or person
who controls the availability of occupational therapy services
to a client profits unreasonably as a result of client
treatment;
(17) engaged in abusive or fraudulent billing practices,
including violations of federal Medicare and Medicaid laws, Food
and Drug Administration regulations, or state medical assistance
laws;
(18) obtained money, property, or services from a consumer
through the use of undue influence, high pressure sales tactics,
harassment, duress, deception, or fraud;
(19) performed services for a client who had no possibility
of benefiting from the services;
(20) failed to refer a client for medical evaluation when
appropriate or when a client indicated symptoms associated with
diseases that could be medically or surgically treated;
(21) engaged in conduct with a client that is sexual or may
reasonably be interpreted by the client as sexual, or in any
verbal behavior that is seductive or sexually demeaning to a
patient;
(22) violated a federal or state court order, including a
conciliation court judgment, or a disciplinary order issued by
the commissioner, related to the person's occupational therapy
practice; or
(23) any other just cause related to the practice of
occupational therapy.
Sec. 42. Minnesota Statutes 2000, section 153A.20,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP.] The commissioner shall
appoint nine persons to a hearing instrument dispenser advisory
council.
(a) The nine persons must include:
(1) three public members, as defined in section 214.02. At
least one of the public members shall be a hearing instrument
user and one of the public members shall be either a hearing
instrument user or an advocate of one; and
(2) three hearing instrument dispensers certified under
sections 153A.14 to 153A.20, each of whom is currently, and has
been for the five years immediately preceding their appointment,
engaged in hearing instrument dispensing in Minnesota and who
represent the occupation of hearing instrument dispensing and
who are not audiologists; and
(3) three audiologists who are certified hearing instrument
dispensers, or are registered as audiologists under Minnesota
Rules, chapter 4750, or if no rules are in effect, audiologists
who hold current certificates of clinical competence in
audiology from the American Speech-Language-Hearing Association
and who represent the occupation of audiology 148.
(b) The factors the commissioner may consider when
appointing advisory council members include, but are not limited
to, professional affiliation, geographical location, and type of
practice.
(c) No two members of the advisory council shall be
employees of, or have binding contracts requiring sales
exclusively for, the same hearing instrument manufacturer or the
same employer.
Sec. 43. Minnesota Statutes 2000, section 168.012,
subdivision 1, is amended to read:
Subdivision 1. [VEHICLES EXEMPT FROM TAX AND REGISTRATION
FEES.] (a) The following vehicles are exempt from the provisions
of this chapter requiring payment of tax and registration fees,
except as provided in subdivision 1c:
(1) vehicles owned and used solely in the transaction of
official business by the federal government, the state, or any
political subdivision;
(2) vehicles owned and used exclusively by educational
institutions and used solely in the transportation of pupils to
and from such institutions;
(3) vehicles used solely in driver education programs at
nonpublic high schools;
(4) vehicles owned by nonprofit charities and used
exclusively to transport disabled persons for educational
purposes;
(5) vehicles owned and used by honorary consul;
(6) ambulances owned by ambulance services licensed under
section 144E.10, the general appearance of which is
unmistakable; and
(7) vehicles owned by a commercial driving school licensed
under section 171.34, or an employee of a commercial driving
school licensed under section 171.34, and the vehicle is used
exclusively for driver education and training.
(b) Vehicles owned by the federal government, municipal
fire apparatuses including fire-suppression support vehicles,
police patrols and ambulances, the general appearance of which
is unmistakable, shall not be required to register or display
number plates.
(c) Unmarked vehicles used in general police work, liquor
investigations, and arson investigations, and passenger
automobiles, pickup trucks, and buses owned or operated by the
department of corrections, shall be registered and shall display
appropriate license number plates which shall be furnished by
the registrar at cost. Original and renewal applications for
these license plates authorized for use in general police work
and for use by the department of corrections must be accompanied
by a certification signed by the appropriate chief of police if
issued to a police vehicle, the appropriate sheriff if issued to
a sheriff's vehicle, the commissioner of corrections if issued
to a department of corrections vehicle, or the appropriate
officer in charge if issued to a vehicle of any other law
enforcement agency. The certification must be on a form
prescribed by the commissioner and state that the vehicle will
be used exclusively for a purpose authorized by this section.
(d) Unmarked vehicles used by the departments of revenue
and labor and industry, fraud unit, in conducting seizures or
criminal investigations must be registered and must display
passenger vehicle classification license number plates which
shall be furnished at cost by the registrar. Original and
renewal applications for these passenger vehicle license plates
must be accompanied by a certification signed by the
commissioner of revenue or the commissioner of labor and
industry. The certification must be on a form prescribed by the
commissioner and state that the vehicles will be used
exclusively for the purposes authorized by this section.
(e) Unmarked vehicles used by the division of disease
prevention and control of the department of health must be
registered and must display passenger vehicle classification
license number plates. These plates must be furnished at cost
by the registrar. Original and renewal applications for these
passenger vehicle license plates must be accompanied by a
certification signed by the commissioner of health. The
certification must be on a form prescribed by the commissioner
and state that the vehicles will be used exclusively for the
official duties of the division of disease prevention and
control.
(f) All other motor vehicles shall be registered and
display tax-exempt number plates which shall be furnished by the
registrar at cost, except as provided in subdivision 1c. All
vehicles required to display tax-exempt number plates shall have
the name of the state department or political subdivision,
nonpublic high school operating a driver education program, or
licensed commercial driving school, on the vehicle plainly
displayed on both sides; except that each state hospital and
institution for the mentally ill and mentally retarded may have
one vehicle without the required identification on the sides of
the vehicle, and county social service agencies may have
vehicles used for child and vulnerable adult protective services
without the required identification on the sides of the
vehicle. Such identification shall be in a color giving
contrast with that of the part of the vehicle on which it is
placed and shall endure throughout the term of the
registration. The identification must not be on a removable
plate or placard and shall be kept clean and visible at all
times; except that a removable plate or placard may be utilized
on vehicles leased or loaned to a political subdivision or to a
nonpublic high school driver education program.
Sec. 44. Minnesota Statutes 2000, section 171.173, is
amended to read:
171.173 [SUSPENSION; UNDERAGE DRINKING OFFENSE.]
The commissioner of public safety shall suspend the license
of any person convicted of or any juvenile adjudicated for an
offense under section 340A.503, subdivision 1, paragraph (a),
clause (2), if the court has notified the commissioner of a
determination made under section 340A.503, subdivision 1,
paragraph (c) 169A.33, subdivision 4. The period of suspension
shall be for the applicable period specified in that paragraph
section 169A.33. If the person does not have a license or if
the person's license is suspended or revoked at the time of the
conviction or adjudication, the commissioner shall, upon the
person's application for license issuance or reinstatement,
delay the issuance or reinstatement of the person's license for
the applicable time period specified in section 340A.503,
subdivision 1, paragraph (c) 169A.33. Upon receipt of the
court's order, the commissioner is authorized to take the
licensing action without a hearing.
Sec. 45. Minnesota Statutes 2000, section 204D.25,
subdivision 1, is amended to read:
Subdivision 1. [FORM.] Except as provided in subdivision
2, the county auditor shall prepare separate ballots for a
special primary and special election as required by sections
204D.17 to 204D.27. The ballots shall be headed "Special
Primary Ballot" or "Special Election Ballot" as the case may be,
followed by the date of the special primary or special
election. Immediately below the title of each office to be
filled shall be printed the words "To fill vacancy in term
expiring ..........," with the date of expiration of the term
and any other information that is necessary to distinguish the
office from any other office to be voted upon at the same
election. For a special primary or special election, the
instructions to voters may use the singular tense form of the
word when referring to candidates and offices when only one
office is to be filled at the special election. Otherwise the
form of the ballots shall comply as far as practicable with the
laws relating to ballots for state primaries and state general
elections. The county auditor shall post a sample of each
ballot in the auditor's office as soon as prepared and not later
than four days before the special primary or special election.
Publication of the sample ballot for a special primary or
special election is not required.
Sec. 46. Minnesota Statutes 2000, section 216B.2424,
subdivision 6, is amended to read:
Subd. 6. [REMAINING MEGAWATT COMPLIANCE PROCESS.] (a) If
there remain megawatts of biomass power generating capacity to
fulfill the mandate in subdivision 5 after the commission has
taken final action on all contracts filed by September 1, 2000,
by a public utility, this subdivision governs final compliance
with the biomass energy mandate in subdivision 5 subject to the
requirements of subdivision subdivisions 7 and 8.
(b) To the extent not inconsistent with this subdivision,
the provisions of subdivisions 2, 3, 4, and 5 apply to proposals
subject to this subdivision.
(c) A public utility must submit proposals to the
commission to complete the biomass mandate. The commission
shall require a public utility subject to this section to issue
a request for competitive proposals for projects for electric
generation utilizing biomass as defined in paragraph (f) of this
subdivision to provide the remaining megawatts of the mandate.
The commission shall set an expedited schedule for submission of
proposals to the utility, selection by the utility of proposals
or projects, negotiation of contracts, and review by the
commission of the contracts or projects submitted by the utility
to the commission.
(d) Notwithstanding the provisions of subdivisions 1 to 5
but subject to the provisions of subdivision subdivisions 7 and
8, a new or existing facility proposed under this subdivision
that is fueled either by biomass or by co-firing biomass with
nonbiomass may satisfy the mandate in this section. Such a
facility need not use biomass that complies with the definition
in subdivision 1 if it uses biomass as defined in paragraph (f)
of this subdivision. Generating capacity produced by co-firing
of biomass that is operational as of April 25, 2000, does not
meet the requirements of the mandate, except that additional
co-firing capacity added at an existing facility after April 25,
2000, may be used to satisfy this mandate. Only the number of
megawatts of capacity at a facility which co-fires biomass that
are directly attributable to the biomass and that become
operational after April 25, 2000, count toward meeting the
biomass mandate in this section.
(e) Nothing in this subdivision precludes a facility
proposed and approved under this subdivision from using fuel
sources that are not biomass in compliance with subdivision 3.
(f) Notwithstanding the provisions of subdivision 1, for
proposals subject to this subdivision, "biomass" includes
farm-grown closed-loop biomass; agricultural wastes, including
animal, poultry, and plant wastes; and waste wood, including
chipped wood, bark, brush, residue wood, and sawdust.
(g) Nothing in this subdivision affects in any way
contracts entered into as of April 25, 2000, to satisfy the
mandate in subdivision 5.
(h) Nothing in this subdivision requires a public utility
to retrofit its own power plants for the purpose of co-firing
biomass fuel, nor is a utility prohibited from retrofitting its
own power plants for the purpose of co-firing biomass fuel to
meet the requirements of this subdivision.
Sec. 47. Minnesota Statutes 2000, section 237.065,
subdivision 1, is amended to read:
Subdivision 1. [BASIC SERVICE; FLAT RATE.] Each telephone
company, including a company that has developed an incentive
plan under section 237.625, that provides local telephone
service in a service area that includes a school that has
classes within the range from kindergarten to 12th grade shall
provide, upon request, additional service to the school that is
sufficient to ensure access to basic telephone service from each
classroom and other areas within the school, as determined by
the school board. Each company shall set a flat rate for this
additional service that is less than the company's flat rate for
an access line for a business and the same as or greater than
the company's flat rate for an access line for a residence in
the same local telephone service exchange. When a company's
flat rates for businesses and residences are the same, the
company shall use the residential rate for service to schools
under this section. The rate required under this section is
available only for a school that installs additional service
that includes access to basic telephone service from each
classroom and other areas within the school, as determined by
the school board.
Sec. 48. Minnesota Statutes 2000, section 237.763, is
amended to read:
237.763 [EXEMPTION FROM RATE-OF-RETURN REGULATION AND RATE
INVESTIGATION.]
Except as provided in the plan and any subsequent plans, a
company that has an alternative regulation plan approved under
section 237.764, is not subject to the rate-of-return regulation
or earnings investigations provisions of section 237.075 or
237.081 during the term of the plan. A company with an approved
plan is not subject to the provisions of section 237.57; 237.58;
237.59; 237.60, subdivisions 1, 2, 4, and 5; 237.62; 237.625;
237.63; or 237.65, during the term of the plan. Except as
specifically provided in this section or in the approved plan,
the commission retains all of its authority under section
237.081 to investigate other matters and to issue appropriate
orders, and the department retains its authority under sections
216A.07 and 237.15 to investigate matters other than the
earnings of the company.
Sec. 49. Minnesota Statutes 2000, section 237.764,
subdivision 3, is amended to read:
Subd. 3. [EFFECT ON INCENTIVE PLAN.] The approval of a
plan under this section automatically terminates any existing
incentive plan previously approved under section 237.625, prior
to its expiration on August 1, 1999, upon the effective date of
the plan approved under this section, provided,. However, the
company remains obligated to share earnings under the terms of
the incentive plan through the date of the termination of that
plan and also is required to complete the performance of any
other unexecuted commitments under the incentive plan.
Sec. 50. Minnesota Statutes 2000, section 237.773,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITION.] For purposes of this section,
"small telephone company" means a local exchange telephone
company with fewer than 50,000 subscribers that has made an
election under subdivision 2 whether or not the company is
subject to sections 237.58, 237.59, and 237.60, subdivisions 1,
2, and 5, 237.62, and 237.625.
Sec. 51. Minnesota Statutes 2000, section 256B.50,
subdivision 1, is amended to read:
Subdivision 1. [SCOPE.] A provider may appeal from a
determination of a payment rate established pursuant to this
chapter and reimbursement rules of the commissioner if the
appeal, if successful, would result in a change to the
provider's payment rate or to the calculation of maximum charges
to therapy vendors as provided by section 256B.433, subdivision
3. Appeals must be filed in accordance with procedures in this
section. This section does not apply to a request from a
resident or long-term care facility for reconsideration of the
classification of a resident under section 144.0722 or 144.0723.
Sec. 52. Minnesota Statutes 2000, section 260B.007,
subdivision 16, is amended to read:
Subd. 16. [JUVENILE PETTY OFFENDER; JUVENILE PETTY
OFFENSE.] (a) "Juvenile petty offense" includes a juvenile
alcohol offense, a juvenile controlled substance offense, a
violation of section 609.685, or a violation of a local
ordinance, which by its terms prohibits conduct by a child under
the age of 18 years which would be lawful conduct if committed
by an adult.
(b) Except as otherwise provided in paragraph (c),
"juvenile petty offense" also includes an offense that would be
a misdemeanor if committed by an adult.
(c) "Juvenile petty offense" does not include any of the
following:
(1) a misdemeanor-level violation of section 588.20,
609.224, 609.2242, 609.324, 609.563, 609.576, 609.66, 609.746,
609.79, or 617.23;
(2) a major traffic offense or an adult court traffic
offense, as described in section 260B.225;
(3) a misdemeanor-level offense committed by a child whom
the juvenile court previously has found to have committed a
misdemeanor, gross misdemeanor, or felony offense; or
(4) a misdemeanor-level offense committed by a child whom
the juvenile court has found to have committed a
misdemeanor-level juvenile petty offense on two or more prior
occasions, unless the county attorney designates the child on
the petition as a juvenile petty offender notwithstanding this
prior record. As used in this clause, "misdemeanor-level
juvenile petty offense" includes a misdemeanor-level offense
that would have been a juvenile petty offense if it had been
committed on or after July 1, 1995.
(d) A child who commits a juvenile petty offense is a
"juvenile petty offender."
Sec. 53. Minnesota Statutes 2000, section 268.022,
subdivision 1, is amended to read:
Subdivision 1. [DETERMINATION AND COLLECTION OF SPECIAL
ASSESSMENT.] (a) In addition to all other taxes, assessments,
and payment obligations under chapter 268, each employer, except
an employer making payments in lieu of taxes is liable for a
special assessment levied at the rate of one-tenth of one
percent per year until June 30, 2000, and seven-hundredths of
one percent per year on and after July 1, 2000, on all taxable
wages, as defined in section 268.04 268.035, subdivision 25b
24. The assessment shall become due and be paid by each
employer to the department on the same schedule and in the same
manner as other taxes.
(b) The special assessment levied under this section shall
not affect the computation of any other taxes, assessments, or
payment obligations due under this chapter.
Sec. 54. Minnesota Statutes 2000, section 268.6715, is
amended to read:
268.6715 [1997 MINNESOTA EMPLOYMENT AND ECONOMIC
DEVELOPMENT PROGRAM.]
The 1997 Minnesota employment and economic development
program is established to assist businesses and communities to
create jobs that provide the wages, benefits, and on-the-job
training opportunities necessary to help low-wage workers and
people transitioning from public assistance to get and retain
jobs, and to help their families to move out of poverty.
Employment obtained under this program is not excluded from the
definition of "employment" by section 268.04 268.035,
subdivision 12 20, clause (10), paragraph (d) (11).
Sec. 55. Minnesota Statutes 2000, section 270.67,
subdivision 4, is amended to read:
Subd. 4. [OFFER-IN-COMPROMISE AND INSTALLMENT PAYMENT
PROGRAM.] (a) In implementing the authority provided in
subdivision 1 2 or in section 8.30 to accept offers of
installment payments or offers-in-compromise of tax liabilities,
the commissioner of revenue shall prescribe guidelines for
employees of the department of revenue to determine whether an
offer-in-compromise or an offer to make installment payments is
adequate and should be accepted to resolve a dispute. In
prescribing the guidelines, the commissioner shall develop and
publish schedules of national and local allowances designed to
provide that taxpayers entering into a compromise or payment
agreement have an adequate means to provide for basic living
expenses. The guidelines must provide that the taxpayer's
ownership interest in a motor vehicle, to the extent of the
value allowed in section 550.37, will not be considered as an
asset; in the case of an offer related to a joint tax liability
of spouses, that value of two motor vehicles must be excluded.
The guidelines must provide that employees of the department
shall determine, on the basis of the facts and circumstances of
each taxpayer, whether the use of the schedules is appropriate
and that employees must not use the schedules to the extent the
use would result in the taxpayer not having adequate means to
provide for basic living expenses. The guidelines must provide
that:
(1) an employee of the department shall not reject an
offer-in-compromise or an offer to make installment payments
from a low-income taxpayer solely on the basis of the amount of
the offer; and
(2) in the case of an offer-in-compromise which relates
only to issues of liability of the taxpayer:
(i) the offer must not be rejected solely because the
commissioner is unable to locate the taxpayer's return or return
information for verification of the liability; and
(ii) the taxpayer shall not be required to provide an
audited, reviewed, or compiled financial statement.
(b) The commissioner shall establish procedures:
(1) that require presentation of a counteroffer or a
written rejection of the offer by the commissioner if the amount
offered by the taxpayer in an offer-in-compromise or an offer to
make installment payments is not accepted by the commissioner;
(2) for an administrative review of any written rejection
of a proposed offer-in-compromise or installment agreement made
by a taxpayer under this section before the rejection is
communicated to the taxpayer;
(3) that allow a taxpayer to request reconsideration of any
written rejection of the offer or agreement to the commissioner
of revenue to determine whether the rejection is reasonable and
appropriate under the circumstances; and
(4) that provide for notification to the taxpayer when an
offer-in-compromise has been accepted, and issuance of
certificates of release of any liens imposed under section
270.69 related to the liability which is the subject of the
compromise.
Sec. 56. Minnesota Statutes 2000, section 289A.18,
subdivision 4, is amended to read:
Subd. 4. [SALES AND USE TAX RETURNS.] (a) Sales and use
tax returns must be filed on or before the 20th day of the month
following the close of the preceding reporting period, except
that annual use tax returns provided for under section 289A.11,
subdivision 1, must be filed by April 15 following the close of
the calendar year, in the case of individuals. Annual use tax
returns of businesses, including sole proprietorships, and
annual sales tax returns must be filed by February 5 following
the close of the calendar year.
(b) Except for the return for the June reporting period,
which is due on the following August 25, returns filed by
retailers required to remit liabilities by means of funds
transfer under section 289A.20, subdivision 4,
paragraph (d) (c), are due on or before the 25th day of the
month following the close of the preceding reporting period.
(c) If a retailer has an average sales and use tax
liability, including local sales and use taxes administered by
the commissioner, equal to or less than $500 per month in any
quarter of a calendar year, and has substantially complied with
the tax laws during the preceding four calendar quarters, the
retailer may request authorization to file and pay the taxes
quarterly in subsequent calendar quarters. The authorization
remains in effect during the period in which the retailer's
quarterly returns reflect sales and use tax liabilities of less
than $1,500 and there is continued compliance with state tax
laws.
(d) If a retailer has an average sales and use tax
liability, including local sales and use taxes administered by
the commissioner, equal to or less than $100 per month during a
calendar year, and has substantially complied with the tax laws
during that period, the retailer may request authorization to
file and pay the taxes annually in subsequent years. The
authorization remains in effect during the period in which the
retailer's annual returns reflect sales and use tax liabilities
of less than $1,200 and there is continued compliance with state
tax laws.
(e) The commissioner may also grant quarterly or annual
filing and payment authorizations to retailers if the
commissioner concludes that the retailers' future tax
liabilities will be less than the monthly totals identified in
paragraphs (c) and (d). An authorization granted under this
paragraph is subject to the same conditions as an authorization
granted under paragraphs (c) and (d).
(f) A taxpayer who is a materials supplier may report gross
receipts either on:
(1) the cash basis as the consideration is received; or
(2) the accrual basis as sales are made.
As used in this paragraph, "materials supplier" means a person
who provides materials for the improvement of real property; who
is primarily engaged in the sale of lumber and building
materials-related products to owners, contractors,
subcontractors, repairers, or consumers; who is authorized to
file a mechanics lien upon real property and improvements under
chapter 514; and who files with the commissioner an election to
file sales and use tax returns on the basis of this paragraph.
Sec. 57. Minnesota Statutes 2000, section 289A.40, is
amended by adding a subdivision to read:
Subd. 4. [PROPERTY TAX REFUND CLAIMS.] A property tax
refund claim under chapter 290A is not allowed if the initial
claim is filed more than one year after the original due date
for filing the claim.
Sec. 58. Minnesota Statutes 2000, section 289A.50,
subdivision 7, is amended to read:
Subd. 7. [REMEDIES.] (a) If the taxpayer is notified by
the commissioner that the refund claim is denied in whole or in
part, the taxpayer may:
(1) file an administrative appeal as provided in section
289A.65, or an appeal with the tax court, within 60 days after
issuance of the commissioner's notice of denial; or
(2) file an action in the district court to recover the
refund.
(b) An action in the district court on a denied claim for
refund must be brought within 18 months of the date of the
denial of the claim by the commissioner.
(c) No action in the district court or the tax court shall
be brought within six months of the filing of the refund claim
unless the commissioner denies the claim within that period.
(d) If a taxpayer files a claim for refund and the
commissioner has not issued a denial of the claim, the taxpayer
may bring an action in the district court or the tax court at
any time after the expiration of six months of from the time the
claim was filed.
(e) The commissioner and the taxpayer may agree to extend
the period for bringing an action in the district court.
(f) An action for refund of tax by the taxpayer must be
brought in the district court of the district in which lies the
county of the taxpayer's residence or principal place of
business. In the case of an estate or trust, the action must be
brought at the principal place of its administration. Any
action may be brought in the district court for Ramsey county.
Sec. 59. Minnesota Statutes 2000, section 289A.60,
subdivision 12, is amended to read:
Subd. 12. [PENALTIES RELATING TO PROPERTY TAX REFUNDS.]
(a) If the commissioner determines that a property tax refund
claim is or was excessive and was filed with fraudulent intent,
the claim must be disallowed in full. If the claim has been
paid, the amount disallowed may be recovered by assessment and
collection.
(b) If it is determined that a property tax refund claim is
excessive and was negligently prepared, ten percent of the
corrected claim must be disallowed. If the claim has been paid,
the amount disallowed must be recovered by assessment and
collection.
(c) An owner who without reasonable cause fails to give a
certificate of rent constituting property tax to a renter, as
required by section 290A.19, paragraph (a), is liable to the
commissioner for a penalty of $100 for each failure.
(d) If the owner or managing agent knowingly gives rent
certificates that report total rent constituting property taxes
in excess of the amount of actual rent constituting property
taxes paid on the rented part of a property, the owner or
managing agent is liable for a penalty equal to the greater of
(1) $100 or (2) 50 percent of the excess that is reported. An
overstatement of rent constituting property taxes is presumed to
be knowingly made if it exceeds by ten percent or more the
actual rent constituting property taxes.
(e) No claim is allowed if the initial claim is filed more
than one year after the original due date for filing the claim.
Sec. 60. Minnesota Statutes 2000, section 289A.60,
subdivision 21, is amended to read:
Subd. 21. [PENALTY FOR FAILURE TO MAKE PAYMENT BY
ELECTRONIC FUNDS TRANSFER.] In addition to other applicable
penalties imposed by this section, after notification from the
commissioner to the taxpayer that payments are required to be
made by means of electronic funds transfer under section
289A.20, subdivision 2, paragraph (e), or 4, paragraph (d) (c),
or 289A.26, subdivision 2a, and the payments are remitted by
some other means, there is a penalty in the amount of five
percent of each payment that should have been remitted
electronically. The penalty can be abated under the abatement
procedures prescribed in section 270.07, subdivision 6, if the
failure to remit the payment electronically is due to reasonable
cause.
Sec. 61. Minnesota Statutes 2000, section 297I.60,
subdivision 2, is amended to read:
Subd. 2. [REMEDIES.] (a) If the taxpayer is notified that
the refund claim is denied in whole or in part, the taxpayer may
contest the denial by:
(1) filing an administrative appeal with the commissioner
under section 297I.95;
(2) filing an appeal in tax court within 60 days of the
date of the notice of denial; or
(3) filing an action in the district court to recover the
refund.
(b) An action in the district court must be brought within
18 months following the date of the notice of denial. An action
for refund of tax or surcharge must be brought in the district
court of the district in which lies the taxpayer's principal
place of business or in the district court for Ramsey county.
If a taxpayer files a claim for refund and the commissioner has
not issued a denial of the claim, the taxpayer may bring an
action in the district court or the tax court at any time after
the expiration of six months of from the time the claim was
filed.
Sec. 62. Minnesota Statutes 2000, section 299C.67,
subdivision 2, is amended to read:
Subd. 2. [BACKGROUND CHECK CRIME.] "Background check
crime" means:
(a)(1) a felony violation of section 609.185 (first degree
murder); 609.19 (second degree murder); 609.20 (first degree
manslaughter); 609.221 (first degree assault); 609.222 (second
degree assault); 609.223 (third degree assault); 609.25
(kidnapping); 609.342 (first degree criminal sexual conduct);
609.343 (second degree criminal sexual conduct); 609.344 (third
degree criminal sexual conduct); 609.345 (fourth degree criminal
sexual conduct); 609.561 (first degree arson); or 609.749
(harassment and stalking);
(2) an attempt to commit a crime in clause (1); or
(3) a conviction for a crime in another jurisdiction that
would be a violation under clause (1) or an attempt under clause
(1) (2) in this state; or
(b)(1) a felony violation of section 609.195 (third degree
murder); 609.205 (second degree manslaughter); 609.21 (criminal
vehicular homicide and injury); 609.2231 (fourth degree
assault); 609.224 (fifth degree assault); 609.24 (simple
robbery); 609.245 (aggravated robbery); 609.255 (false
imprisonment); 609.52 (theft); 609.582, subdivision 1 or 2
(burglary); 609.713 (terroristic threats); or a nonfelony
violation of section 609.749 (harassment and stalking);
(2) an attempt to commit a crime in clause (1); or
(3) a conviction for a crime in another jurisdiction that
would be a violation under clause (1) or an attempt under clause
(1) (2) in this state.
Sec. 63. Minnesota Statutes 2000, section 299N.02,
subdivision 2, is amended to read:
Subd. 2. [TERMS; CHAIR; COMPENSATION.] Members of the
board shall serve for terms of four years and annually elect a
chair from among the members. Terms and filling of vacancies
are subject to section 15.0575, subdivisions 3 to 2, 4, and 5.
Members serve without compensation.
Sec. 64. Minnesota Statutes 2000, section 322B.960,
subdivision 1, is amended to read:
Subdivision 1. [ANNUAL REGISTRATION FORM.] Each calendar
year beginning in the calendar year following the calendar year
in which a limited liability company files articles of
organization, the secretary of state must mail by first class
mail an annual registration form to the registered office of
each limited liability company as shown on the records of the
secretary of state. The form must include the following notice:
"NOTICE: Failure to file this form by December 31 of this
year will result in the dissolution termination or revocation of
this limited liability company without further notice from the
secretary of state, pursuant to Minnesota Statutes, section
322B.960."
Sec. 65. Minnesota Statutes 2000, section 356.371,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] As used in this section, the
following terms shall have the meanings given.
(1) "Annuity form" means the payment procedure and duration
of a retirement annuity or disability benefit available to a
member of a public pension fund, based on the period over which
a retirement annuity or disability benefit is payable,
determined by the number of persons to whom the retirement
annuity or disability benefit is payable, and the amount of the
retirement annuity or disability benefit which is payable to
each person.
(2) "Joint and survivor optional annuity" means an optional
annuity form which provides a retirement annuity or disability
benefit to a retired member and the spouse of the member on a
joint basis during the lifetime of the retired member and all or
a portion of the original retirement annuity or disability
benefit amount to the surviving spouse in the event of the death
of the retired member.
(3) "Optional annuity form" means an annuity form which is
elected by a member and is not provided automatically as the
standard annuity form of the public pension fund.
(4) "Public pension fund" means a public pension plan as
defined pursuant to section 356.61 356.615, paragraph (b).
(5) "Retirement annuity" means a series of monthly payments
to which a former or retired member of a public pension fund is
entitled on account of attaining a specified age and acquiring
credit for a specified period of service, which shall include a
retirement annuity, retirement allowance or service pension.
(6) "Disability benefit" means a series of monthly payments
to which a former or disabled member of a public pension fund is
entitled on account of a physical or mental inability to engage
in specified employment.
Sec. 66. Minnesota Statutes 2000, section 356.62, is
amended to read:
356.62 [PAYMENT OF EMPLOYEE CONTRIBUTION.]
For purposes of any public pension plan, as defined in
section 356.61 365.615, paragraph (b), each employer shall pick
up the employee contributions required pursuant to law or the
pension plan for all salary payable after December 31, 1982. If
the United States Treasury department rules that pursuant to
section 414(h) of the Internal Revenue Code of 1986, as amended
through December 31, 1992, that these picked up contributions
are not includable in the employee's adjusted gross income until
they are distributed or made available, then these picked up
contributions shall be treated as employer contributions in
determining tax treatment pursuant to the Internal Revenue Code
of 1986, as amended through December 31, 1992, and the employer
shall discontinue withholding federal income taxes on the amount
of these contributions. The employer shall pay these picked up
contributions from the same source of funds as is used to pay
the salary of the employee. The employer shall pick up these
employee contributions by a reduction in the cash salary of the
employee.
Employee contributions that are picked up shall be treated
for all purposes of the public pension plan in the same manner
and to the same extent as employee contributions that were made
prior to the date on which the employee contributions pick up
began. The amount of the employee contributions that are picked
up shall be included in the salary upon which retirement
coverage is credited and retirement and survivor's benefits are
determined. For purposes of this section, "employee" means any
person covered by a public pension plan. For purposes of this
section, "employee contributions" include any sums deducted from
the employee's salary or wages or otherwise paid in lieu
thereof, regardless of whether they are denominated
contributions by the public pension plan.
For any calendar year in which withholding has been reduced
pursuant to this section, the employing unit shall supply each
employee and the commissioner of revenue with an information
return indicating the amount of the employer's picked-up
contributions for the calendar year that were not subject to
withholding. This return shall be provided to the employee not
later than January 31 of the succeeding calendar year. The
commissioner of revenue shall prescribe the form of the return
and the provisions of section 289A.12 shall apply to the extent
not inconsistent with the provisions of this section.
Sec. 67. Minnesota Statutes 2000, section 356.65,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For purposes of this
section, unless the context clearly indicates otherwise, the
following terms shall have the meanings given to them:
(a) "Public pension fund" means any public pension plan as
defined in section 356.61 356.615, paragraph (b), and any
Minnesota volunteer firefighters relief association which is
established pursuant to chapter 424A and governed pursuant to
sections 69.771 to 69.776.
(b) "Unclaimed public pension fund amounts" means any
amounts representing accumulated member contributions, any
outstanding unpaid annuity, service pension or other retirement
benefit payments, including those made on warrants issued by the
commissioner of finance, which have been issued and delivered
for more than six months prior to the date of the end of the
fiscal year applicable to the public pension fund, and any
applicable interest to the credit of:
(1) an inactive or former member of a public pension fund
who is not entitled to a defined retirement annuity and who has
not applied for a refund of those amounts within five years
after the last member contribution was made;
(2) a deceased inactive or former member of a public
pension fund if no survivor is entitled to a survivor benefit
and no survivor, designated beneficiary or legal representative
of the estate has applied for a refund of those amounts within
five years after the date of death of the inactive or former
member.
Sec. 68. Minnesota Statutes 2000, section 401.06, is
amended to read:
401.06 [COMPREHENSIVE PLAN; STANDARDS OF ELIGIBILITY;
COMPLIANCE.]
No county or group of counties electing to provide
correctional services pursuant to sections 401.01 to 401.16
shall be eligible for the subsidy herein provided unless and
until its comprehensive plan shall have been approved by the
commissioner. The commissioner shall, pursuant to the
administrative procedure act, promulgate rules establishing
standards of eligibility for counties to receive funds under
sections 401.01 to 401.16. To remain eligible for subsidy
counties shall maintain substantial compliance with the minimum
standards established pursuant to sections 401.01 to 401.16 and
the policies and procedures governing the services described in
section 401.02, subdivision 4 401.025 as prescribed by the
commissioner. Counties shall also be in substantial compliance
with other correctional operating standards permitted by law and
established by the commissioner. The commissioner shall review
annually the comprehensive plans submitted by participating
counties, including the facilities and programs operated under
the plans. The commissioner is hereby authorized to enter upon
any facility operated under the plan, and inspect books and
records, for purposes of recommending needed changes or
improvements.
When the commissioner shall determine that there are
reasonable grounds to believe that a county or group of counties
is not in substantial compliance with minimum standards, at
least 30 days' notice shall be given the county or counties and
a hearing conducted by the commissioner to ascertain whether
there is substantial compliance or satisfactory progress being
made toward compliance. The commissioner may suspend all or a
portion of any subsidy until the required standard of operation
has been met.
Sec. 69. Minnesota Statutes 2000, section 462.352,
subdivision 5, is amended to read:
Subd. 5. [COMPREHENSIVE MUNICIPAL PLAN.] "Comprehensive
municipal plan" means a compilation of policy statements, goals,
standards, and maps for guiding the physical, social and
economic development, both private and public, of the
municipality and its environs, including air space and
subsurface areas necessary for mined underground space
development pursuant to sections 469.135 to 469.141, and may
include, but is not limited to, the following: statements of
policies, goals, standards, a land use plan, including proposed
densities for development, a community facilities plan, a
transportation plan, and recommendations for plan execution. A
comprehensive plan represents the planning agency's
recommendations for the future development of the community.
Sec. 70. Minnesota Statutes 2000, section 462.352,
subdivision 7, is amended to read:
Subd. 7. [TRANSPORTATION PLAN.] "Transportation plan"
means a compilation of policy statements, goals, standards, maps
and action programs for guiding the future development of the
various modes of transportation of the municipality and its
environs, including air space and subsurface areas necessary for
mined underground space development pursuant to sections 469.135
to 469.141, such as streets and highways, mass transit,
railroads, air transportation, trucking and water
transportation, and includes a major thoroughfare plan.
Sec. 71. Minnesota Statutes 2000, section 462.352,
subdivision 9, is amended to read:
Subd. 9. [CAPITAL IMPROVEMENT PROGRAM.] "Capital
improvement program" means an itemized program setting forth the
schedule and details of specific contemplated public
improvements by fiscal year, including public improvements in or
related to air space and subsurface areas necessary for mined
underground space development pursuant to sections 469.135 to
469.141, together with their estimated cost, the justification
for each improvement, the impact that such improvements will
have on the current operating expense of the municipality, and
such other information on capital improvements as may be
pertinent.
Sec. 72. Minnesota Statutes 2000, section 462.352,
subdivision 10, is amended to read:
Subd. 10. [OFFICIAL MAP.] "Official map" means a map
adopted in accordance with section 462.359 which may show
existing and proposed future streets, roads, and highways of the
municipality and county, the area needed for widening of
existing streets, roads, and highways of the municipality and
county, existing and proposed air space and subsurface areas
necessary for mined underground space development pursuant to
sections 469.135 to 469.141, and existing and future county
state aid highways and state trunk highway rights-of-way. An
official map may also show the location of existing and future
public land and facilities within the municipality. In counties
in the metropolitan area as defined in section 473.121, official
maps may for a period of up to five years designate the
boundaries of areas reserved for purposes of soil conservation,
water supply conservation, flood control and surface water
drainage and removal including appropriate regulations
protecting such areas against encroachment by buildings, other
physical structures or facilities.
Sec. 73. Minnesota Statutes 2000, section 462.352,
subdivision 15, is amended to read:
Subd. 15. [OFFICIAL CONTROLS.] "Official controls" or
"controls" means ordinances and regulations which control the
physical development of a city, county or town or any part
thereof including air space and subsurface areas necessary for
mined underground space development pursuant to sections 469.135
to 469.141, or any detail thereof and implement the general
objectives of the comprehensive plan. Official controls may
include ordinances establishing zoning, subdivision controls,
site plan regulations, sanitary codes, building codes and
official maps.
Sec. 74. Minnesota Statutes 2000, section 462.358,
subdivision 2a, is amended to read:
Subd. 2a. [TERMS OF REGULATIONS.] The standards and
requirements in the regulations may address without limitation:
the size, location, grading, and improvement of lots,
structures, public areas, streets, roads, trails, walkways,
curbs and gutters, water supply, storm drainage, lighting,
sewers, electricity, gas, and other utilities; the planning and
design of sites; access to solar energy; and the protection and
conservation of flood plains, shore lands, soils, water,
vegetation, energy, air quality, and geologic and ecologic
features. The regulations shall require that subdivisions be
consistent with the municipality's official map if one exists
and its zoning ordinance, and may require consistency with other
official controls and the comprehensive plan. The regulations
may prohibit certain classes or kinds of subdivisions in areas
where prohibition is consistent with the comprehensive plan and
the purposes of this section, particularly the preservation of
agricultural lands. The regulations may prohibit, restrict or
control development for the purpose of protecting and assuring
access to direct sunlight for solar energy systems. The
regulations may prohibit, restrict, or control surface, above
surface, or subsurface development for the purpose of protecting
subsurface areas for existing or potential mined underground
space development pursuant to sections 469.135 to 469.141, and
access thereto. The regulations may prohibit the issuance of
permits or approvals for any tracts, lots, or parcels for which
required subdivision approval has not been obtained.
The regulations may permit the municipality to condition
its approval on the construction and installation of sewers,
streets, electric, gas, drainage, and water facilities, and
similar utilities and improvements or, in lieu thereof, on the
receipt by the municipality of a cash deposit, certified check,
irrevocable letter of credit, or bond in an amount and with
surety and conditions sufficient to assure the municipality that
the utilities and improvements will be constructed or installed
according to the specifications of the municipality. Sections
471.345 and 574.26 do not apply to improvements made by a
subdivider or a subdivider's contractor.
The regulations may permit the municipality to condition
its approval on compliance with other requirements reasonably
related to the provisions of the regulations and to execute
development contracts embodying the terms and conditions of
approval. The municipality may enforce such agreements and
conditions by appropriate legal and equitable remedies.
Sec. 75. Minnesota Statutes 2000, section 469.126,
subdivision 2, is amended to read:
Subd. 2. [POWERS.] Within these districts the city may:
(1) adopt a development program consistent with which the
city may acquire, construct, reconstruct, improve, alter,
extend, operate, maintain, or promote developments aimed at
improving the physical facilities, quality of life, and quality
of transportation;
(2) acquire land or easements through negotiation or
through powers of eminent domain;
(3) adopt ordinances regulating traffic in pedestrian
skyway systems, public parking structures, and other facilities
constructed within the development district. Traffic
regulations may include direction and speed of traffic, policing
of pedestrianways, hours that pedestrianways are open to the
public, kinds of service activities that will be allowed in
arcades, parks, and plazas, and rates to be charged in the
parking structures;
(4) adopt ordinances regulating access to pedestrian skyway
systems and the conditions under which such access is allowed;
(5) designate districts for mined underground space
development under sections 469.135 to 469.141;
(6) require private developers to construct buildings so as
to accommodate and support pedestrian systems which are part of
the program for the development district. When the city
requires the developer to construct columns, beams, or girders
with greater strength than required for normal building
purposes, the city shall reimburse the developer for the added
expense from development district funds;
(7) (6) install special lighting systems, special street
signs and street furniture, special landscaping of streets and
public property, and special snow removal systems;
(8) (7) acquire property for the district;
(9) (8) lease or sell air rights over public buildings and
spend public funds for constructing the foundations and columns
in the public buildings strong enough to support the buildings
to be constructed on air rights;
(10) (9) lease all or portions of basement, ground, and
second floors of the public buildings constructed in the
district; and
(11) (10) negotiate the sale or lease of property for
private development if the development is consistent with the
development program for the district.
Sec. 76. Minnesota Statutes 2000, section 469.301,
subdivision 1, is amended to read:
Subdivision 1. [GENERALLY.] In sections 469.301 to 469.308
469.304, the terms defined in this section have the meanings
given them, unless the context indicates a different meaning.
Sec. 77. Minnesota Statutes 2000, section 469.304,
subdivision 1, is amended to read:
Subdivision 1. [SUBMISSION OF APPLICATIONS.] An applicant
may seek enterprise zone designation by submitting an
application to the commissioner. The commissioner shall
establish procedures and forms for the submission of
applications for enterprise zone designation. The commissioner
may promulgate rules for the administration of the program. The
commissioner of revenue shall establish a schedule to determine
the tax credits in section 469.305.
Sec. 78. Minnesota Statutes 2000, section 471.59,
subdivision 11, is amended to read:
Subd. 11. [JOINT POWERS BOARD.] (a) Two or more
governmental units, through action of their governing bodies, by
adoption of a joint powers agreement that complies with the
provisions of subdivisions 1 to 5, may establish a joint board
to issue bonds or obligations under any law by which any of the
governmental units establishing the joint board may
independently issue bonds or obligations and may use the
proceeds of the bonds or obligations to carry out the purposes
of the law under which the bonds or obligations are issued. A
joint board established under this section may issue obligations
and other forms of indebtedness only in accordance with express
authority granted by the action of the governing bodies of the
governmental units that established the joint board. Except as
provided in paragraph paragraphs (b) and (c), the joint board
established under this subdivision must be composed solely of
members of the governing bodies of the governmental unit that
established the joint board. A joint board established under
this subdivision may not pledge the full faith and credit or
taxing power of any of the governmental units that established
the joint board. The obligations or other forms of indebtedness
must be obligations of the joint board issued on behalf of the
governmental units creating the joint board. The obligations or
other forms of indebtedness must be issued in the same manner
and subject to the same conditions and limitations that would
apply if the obligations were issued or indebtedness incurred by
one of the governmental units that established the joint board,
provided that any reference to a governmental unit in the
statute, law, or charter provision authorizing the issuance of
the bonds or the incurring of the indebtedness is considered a
reference to the joint board.
(b) Notwithstanding paragraph (a), one school district, one
county, and one public health entity, through action of their
governing bodies, may establish a joint board to establish and
govern a family services collaborative under section 124D.23.
The school district, county, and public health entity may
include other governmental entities at their discretion. The
membership of a board established under this paragraph, in
addition to members of the governing bodies of the participating
governmental units, must include the representation required by
section 124D.23, subdivision 1, paragraph (a), selected in
accordance with section 124D.23, subdivision 1, paragraph (c).
(c) Notwithstanding paragraph (a), counties, school
districts, and mental health entities, through action of their
governing bodies, may establish a joint board to establish and
govern a children's mental health collaborative under sections
245.491 to 245.496, or a collaborative established by the merger
of a children's mental health collaborative and a family
services collaborative under section 124D.23. The county,
school district, and mental health entities may include other
entities at their discretion. The membership of a board
established under this paragraph, in addition to members of the
governing bodies of the participating governmental units, must
include the representation provided by section 245.493,
subdivision 1.
Sec. 79. Minnesota Statutes 2000, section 473.901,
subdivision 1, is amended to read:
Subdivision 1. [COSTS COVERED BY FEE.] For each fiscal
year beginning with the fiscal year commencing July 1, 1997, the
amount necessary to pay the following costs is appropriated to
the commissioner of administration from the 911 emergency
telephone service account established under section 403.11:
(1) debt service costs and reserves for bonds issued
pursuant to section 473.898;
(2) repayment of the right-of-way acquisition loans;
(3) costs of design, construction, maintenance of, and
improvements to those elements of the first phase that support
mutual aid communications and emergency medical services; or
(4) recurring charges for leased sites and equipment for
those elements of the first phase that support actual mutual aid
and emergency medical communication services.
This appropriation shall be used to pay annual debt service
costs and reserves for bonds issued pursuant to section 473.898
prior to use of fee money to pay other costs eligible under this
subdivision. In no event shall the appropriation for each
fiscal year exceed an amount equal to four cents a month for
each customer access line or other basic access service,
including trunk equivalents as designated by the public
utilities commission for access charge purposes and including
cellular and other nonwire access services, in the fiscal year.
Sec. 80. Minnesota Statutes 2000, section 504B.181,
subdivision 4, is amended to read:
Subd. 4. [INFORMATION REQUIRED FOR MAINTENANCE OF ACTION.]
Except as otherwise provided in this subdivision, no action to
recover rent or possession of the premises shall be maintained
unless the information required by this section has been
disclosed to the tenant in the manner provided in this section,
or unless the information required by this section is known by
or has been disclosed to the tenant at least 30 days prior to
the initiation of such action. Failure by the landlord to post
a notice required by subdivision 2, paragraph (b), or section
471.9995 shall not prevent any action to recover rent or
possession of the premises.
Sec. 81. Minnesota Statutes 2000, section 504B.365,
subdivision 3, is amended to read:
Subd. 3. [REMOVAL AND STORAGE OF PROPERTY.] (a) If the
defendant's personal property is to be stored in a place other
than the premises, the officer shall remove all personal
property of the defendant at the expense of the plaintiff.
(b) The defendant must make immediate payment for all
expenses of removing personal property from the premises. If
the defendant fails or refuses to do so, the plaintiff has a
lien on all the personal property for the reasonable costs and
expenses incurred in removing, caring for, storing, and
transporting it to a suitable storage place.
(c) The plaintiff may enforce the lien by detaining the
personal property until paid. If no payment has been made for
60 days after the execution of the order to vacate, the
plaintiff may hold a public sale as provided in sections 514.18
to 514.22.
(d) If the defendant's personal property is to be stored on
the premises, the officer shall enter the premises, breaking in
if necessary, and the plaintiff may remove the defendant's
personal property. Section 504B.271 applies to personal
property removed under this paragraph. The plaintiff must
prepare an inventory and mail a copy of the inventory to the
defendant's last known address or, if the defendant has provided
a different address, to the address provided. The inventory
must be prepared, signed, and dated in the presence of the
officer and must include the following:
(1) a list of the items of personal property and a
description of their condition;
(2) the date, the signature of the defendant plaintiff or
the defendant's plaintiff's agent, and the name and telephone
number of a person authorized to release the personal property;
and
(3) the name and badge number of the officer.
(e) The officer must retain a copy of the inventory.
(f) The plaintiff is responsible for the proper removal,
storage, and care of the defendant's personal property and is
liable for damages for loss of or injury to it caused by the
plaintiff's failure to exercise the same care that a reasonably
careful person would exercise under similar circumstances.
(g) The plaintiff shall notify the defendant of the date
and approximate time the officer is scheduled to remove the
defendant, family, and personal property from the premises. The
notice must be sent by first class mail. In addition, the
plaintiff must make a good faith effort to notify the defendant
by telephone. The notice must be mailed as soon as the
information regarding the date and approximate time the officer
is scheduled to enforce the order is known to the plaintiff,
except that the scheduling of the officer to enforce the order
need not be delayed because of the notice requirement. The
notice must inform the defendant that the defendant and the
defendant's personal property will be removed from the premises
if the defendant has not vacated the premises by the time
specified in the notice.
Sec. 82. Minnesota Statutes 2000, 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.1-111
(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 July 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, unless they
are exempt under subsection (e).
(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. 83. Minnesota Statutes 2000, 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) 515B.1-103(32), 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. 84. Minnesota Statutes 2000, section 517.08,
subdivision 1c, is amended to read:
Subd. 1c. [DISPOSITION OF LICENSE FEE.] Of the marriage
license fee collected pursuant to subdivision 1b, the court
administrator shall pay $55 to the state treasurer to be
deposited as follows:
(1) $50 in the general fund;
(2) $3 in the special revenue fund to be appropriated to
the commissioner of children, families, and learning for
supervised parenting time facilities parenting time centers
under section 119A.37; and
(3) $2 in the special revenue fund to be appropriated to
the commissioner of health for developing and implementing the
MN ENABL program under section 145.9255.
Sec. 85. Minnesota Statutes 2000, section 518.131,
subdivision 10, is amended to read:
Subd. 10. [MISDEMEANOR.] In addition to being punishable
by contempt, a violation of a provision of a temporary order or
restraining order granting the relief authorized in subdivision
1, clauses (f), clause (g), (h), or (h) (i), is a misdemeanor.
Sec. 86. Minnesota Statutes 2000, section 541.023,
subdivision 6, is amended to read:
Subd. 6. [LIMITATIONS; CERTAIN TITLES NOT AFFECTED.] This
section shall not affect any rights of the federal government;
nor increase the effect as notice, actual or constructive, of
any instrument now of record; nor bar the rights of any person,
partnership or corporation in possession of real estate. This
section shall not impair the record title or record interest, or
title obtained by or through any congressional or legislative
grant, of any railroad corporation or other public service
corporation or any trustee or receiver thereof or of any
educational or religious corporation in any real estate by
reason of any failure to file or record further evidence of such
title or interest even though the record thereof is new now or
hereafter more than 40 years old; nor shall this section require
the filing of any notice as provided for in this act as to any
undischarged mortgage or deed of trust executed by any such
corporation or any trustee or receiver thereof or to any claim
or action founded upon any such undischarged mortgage or deed of
trust. The exceptions of this subdivision shall not include (a)
reservations or exceptions of land for right of way or other
railroad purposes contained in deeds of conveyance made by a
railroad company or by trustees or receivers thereof, unless
said reserved or excepted land shall have been put to railroad
use within 40 years after the date of said deeds of conveyance,
(b) nor any rights under any conditions subsequent or
restrictions contained in any such deeds of conveyance. This
act shall not affect any action or proceeding which is now or on
January 1, 1948, shall be pending, for the determination of
validity of the title to real estate.
Sec. 87. Minnesota Statutes 2000, section 609.596,
subdivision 3, is amended to read:
Subd. 3. [DEFINITIONS.] As used in this section:
(1) "arson dog" means a dog that has been certified as an
arson dog by a state fire or police agency or by an independent
testing laboratory;
(2) "correctional facility" has the meaning given in
section 241.021, subdivision 1, clause (5);
(3) "peace officer" has the meaning given in section
626.84, subdivision 1, paragraph (c); and
(4) "search and rescue dog" means a dog that is trained to
locate lost or missing persons, victims of natural or man-made
other disasters, and human bodies.
Sec. 88. Minnesota Statutes 2000, section 626.556,
subdivision 11, is amended to read:
Subd. 11. [RECORDS.] (a) Except as provided in paragraph
(b) and subdivisions 10b, 10d, 10g, and 11b, all records
concerning individuals maintained by a local welfare agency or
agency responsible for assessing or investigating the report
under this section, including any written reports filed under
subdivision 7, shall be private data on individuals, except
insofar as copies of reports are required by subdivision 7 to be
sent to the local police department or the county sheriff.
Reports maintained by any police department or the county
sheriff shall be private data on individuals except the reports
shall be made available to the investigating, petitioning, or
prosecuting authority, including county medical examiners or
county coroners. Section 13.82, subdivisions 7, 5a 8, and 5b 9,
apply to law enforcement data other than the reports. The local
social services agency or agency responsible for assessing or
investigating the report shall make available to the
investigating, petitioning, or prosecuting authority, including
county medical examiners or county coroners or their
professional delegates, any records which contain information
relating to a specific incident of neglect or abuse which is
under investigation, petition, or prosecution and information
relating to any prior incidents of neglect or abuse involving
any of the same persons. The records shall be collected and
maintained in accordance with the provisions of chapter 13. In
conducting investigations and assessments pursuant to this
section, the notice required by section 13.04, subdivision 2,
need not be provided to a minor under the age of ten who is the
alleged victim of abuse or neglect. An individual subject of a
record shall have access to the record in accordance with those
sections, except that the name of the reporter shall be
confidential while the report is under assessment or
investigation except as otherwise permitted by this
subdivision. Any person conducting an investigation or
assessment under this section who intentionally discloses the
identity of a reporter prior to the completion of the
investigation or assessment is guilty of a misdemeanor. After
the assessment or investigation is completed, the name of the
reporter shall be confidential. The subject of the report may
compel disclosure of the name of the reporter only with the
consent of the reporter or upon a written finding by the court
that the report was false and that there is evidence that the
report was made in bad faith. This subdivision does not alter
disclosure responsibilities or obligations under the rules of
criminal procedure.
(b) Upon request of the legislative auditor, data on
individuals maintained under this section must be released to
the legislative auditor in order for the auditor to fulfill the
auditor's duties under section 3.971. The auditor shall
maintain the data in accordance with chapter 13.
Sec. 89. Minnesota Statutes 2000, section 628.26, is
amended to read:
628.26 [LIMITATIONS.]
(a) Indictments or complaints for any crime resulting in
the death of the victim may be found or made at any time after
the death of the person killed.
(b) Indictments or complaints for a violation of section
609.25 may be found or made at any time after the commission of
the offense.
(c) Indictments or complaints for violation of section
609.42, subdivision 1, clause (1) or (2), shall be found or made
and filed in the proper court within six years after the
commission of the offense.
(d) Indictments or complaints for violation of sections
609.342 to 609.345 if the victim was under the age of 18 years
at the time the offense was committed, shall be found or made
and filed in the proper court within nine years after the
commission of the offense or, if the victim failed to report the
offense within this limitation period, within three years after
the offense was reported to law enforcement authorities.
(e) Notwithstanding the limitations in paragraph (c) (d),
indictments or complaints for violation of sections 609.342 to
609.344 may be found or made and filed in the proper court at
any time after commission of the offense, if physical evidence
is collected and preserved that is capable of being tested for
its DNA characteristics. If this evidence is not collected and
preserved and the victim was 18 years old or older at the time
of the offense, the prosecution must be commenced within nine
years after the commission of the offense.
(f) Indictments or complaints for violation of sections
609.466 and 609.52, subdivision 2, clause (3), item (iii), shall
be found or made and filed in the proper court within six years
after the commission of the offense.
(g) Indictments or complaints for violation of section
609.52, subdivision 2, clause (3), items (i) and (ii), (4),
(15), or (16), 609.631, or 609.821, where the value of the
property or services stolen is more than $35,000, shall be found
or made and filed in the proper court within five years after
the commission of the offense.
(h) Except for violations relating to false material
statements, representations or omissions, indictments or
complaints for violations of section 609.671 shall be found or
made and filed in the proper court within five years after the
commission of the offense.
(i) Indictments or complaints for violation of sections
609.561 to 609.563, shall be found or made and filed in the
proper court within five years after the commission of the
offense.
(j) In all other cases, indictments or complaints shall be
found or made and filed in the proper court within three years
after the commission of the offense.
(k) The limitations periods contained in this section shall
exclude any period of time during which the defendant was not an
inhabitant of or usually resident within this state.
(l) The limitations periods contained in this section for
an offense shall not include any period during which the alleged
offender participated under a written agreement in a pretrial
diversion program relating to that offense.
(m) The limitations periods contained in this section shall
not include any period of time during which physical evidence
relating to the offense was undergoing DNA analysis, as defined
in section 299C.155, unless the defendant demonstrates that the
prosecuting or law enforcement agency purposefully delayed the
DNA analysis process in order to gain an unfair advantage.
Sec. 90. [REVISOR'S INSTRUCTION.]
The revisor shall delete "118" and substitute "118A" in the
following sections of Minnesota Statutes: 52.04, 383B.702,
427.09, 446A.11, 462.396, 469.113, 471.88, and 471.981.
Sec. 91. [REPEALER.]
(a) Minnesota Statutes 2000, section 13.485, subdivision 2,
is repealed.
(b) Minnesota Statutes 2000, section 13.99, subdivision 1,
is repealed.
(c) Minnesota Statutes 2000, section 115B.22, subdivision
8, is repealed.
(d) Minnesota Statutes 2000, section 148.6402, subdivision
18, is repealed.
(e) Minnesota Statutes 2000, section 168.54, subdivision 6,
is repealed.
(f) Minnesota Statutes 2000, sections 181B.01; 181B.02;
181B.03; 181B.04; 181B.05; 181B.06; 181B.07; 181B.08; 181B.09;
181B.10; 181B.101; 181B.11; 181B.12; 181B.13; 181B.14; 181B.15;
181B.16; and 181B.17, are repealed.
(g) Minnesota Statutes 2000, section 383.001, is repealed.
(h) Minnesota Statutes 2000, section 462.352, subdivision
17, is repealed.
(i) Minnesota Statutes, section 469.301, subdivisions 6, 7,
and 8, are repealed.
(j) Minnesota Statutes 2000, section 566.18, is repealed.
(k) Laws 1997, chapter 85, article 4, section 29, is
repealed.
(l) Laws 2000, chapter 254, section 30, is repealed.
(m) Laws 2000, chapter 444, article 2, sections 9 and 10,
are repealed.
Sec. 92. [EFFECTIVE DATE.]
Section 52 is effective the day following final enactment.
Presented to the governor March 12, 2001
Signed by the governor March 15, 2001, 10:15 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes