Office of the Revisor of Statutes
Minnesota Session Laws - 2002, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 379-H.F.No. 3163
An act relating to legislation; correcting erroneous,
ambiguous, and omitted text and obsolete references;
eliminating certain redundant, conflicting, and
superseded provisions; reenacting certain legislation;
making miscellaneous technical corrections to statutes
and other laws; amending Minnesota Statutes 2000,
sections 13.04, subdivision 2; 13.461, subdivision 7;
13.4963, subdivision 2; 13.4967, subdivision 3;
13.741, subdivision 1; 13.7411, subdivision 5; 13D.05,
subdivision 2; 15A.086; 16D.11, subdivision 6; 17A.04,
subdivision 1; 31.51, subdivision 3; 32.073; 41A.09,
subdivision 8; 41B.045, subdivision 2; 41B.046,
subdivision 5; 41B.047, subdivision 4; 48.24,
subdivision 5; 115A.06, subdivision 5a; 115A.59;
115A.9157, subdivision 6; 115B.20, subdivisions 1, 2,
5; 115B.25, subdivision 2; 115B.26; 115B.28, as
amended; 115B.29, subdivision 1; 115B.30, subdivision
3; 115B.31, subdivisions 1, 2, 4; 115B.32; 115B.33;
115B.34; 115B.35, subdivisions 2, 3, 4, 8, 9; 115B.36;
115B.37; 115C.08, subdivisions 4, 5; 116J.615;
116J.616; 119A.11, subdivision 3; 119A.20, subdivision
1; 119A.37, subdivision 3; 119A.46, subdivision 6;
122A.20, subdivision 1; 123B.61; 123B.62; 126C.10,
subdivision 26; 144E.43, subdivision 1; 148.71,
subdivision 3; 219.98; 221.185, subdivision 5a;
222.631, subdivision 1; 260B.171, subdivision 5;
270.708, subdivision 1; 270B.15; 297B.035, subdivision
3; 297I.05, subdivision 12; 297I.30, subdivisions 1,
5; 299F.11, subdivision 2; 349.163, subdivision 6;
349A.10, subdivision 5; 352D.02, subdivision 1;
383C.19; 401.05, subdivision 3; 437.08; 437.09;
437.10; 458D.02, subdivisions 2, 3; 458D.23; 469.110,
subdivision 2; 469.116, subdivision 7; 469.118,
subdivisions 1, 2, 4; 469.119, subdivision 1; 469.122;
469.154, subdivision 5; 471.415, subdivision 2;
501B.61, as amended; 514.94; 524.2-301; 524.2-604;
524.2-609; 583.24, subdivision 4; 609.26, subdivision
5; 609.341, subdivision 17; Minnesota Statutes 2001
Supplement, sections 16A.151, by adding subdivisions;
17B.15, subdivision 1; 60K.31, subdivision 1; 60K.32;
60K.34, subdivision 1; 60K.39, subdivisions 5, 6;
60K.48; 60K.51, subdivision 6; 60K.52, subdivision 1;
61B.23, subdivision 15; 119A.22; 125A.09, subdivision
3; 126C.10, subdivision 4; 136G.03, subdivision 20;
144.057, subdivision 4; 169.073; 214.01, subdivision
3; 216B.098, subdivision 2; 216B.2424, subdivision 5;
216B.2425, subdivision 3; 268.052, subdivision 1;
270.07, subdivision 3a; 275.28, subdivision 1; 275.70,
subdivision 5; 290A.03, subdivision 13; 297A.668,
subdivision 3; 336.9-334; 356.62; 376.08, subdivision
2; 501B.60, subdivision 3; 514.661, subdivision 5;
626.556, subdivision 11; Laws 1995, chapter 220,
sections 141, 142, as amended; Laws 1997, chapter 202,
article 2, section 61, as amended; Laws 2000, chapter
399, article 1, section 139; Laws 2001, chapter 171,
section 12; proposing coding for new law in Minnesota
Statutes, chapter 89A; repealing Minnesota Statutes
2000, sections 89A.01; 89A.02; 89A.03; 89A.04; 89A.05;
89A.06; 89A.07; 89A.08; 89A.09; 89A.10; 89A.11;
115B.27; 115B.35, subdivisions 1, 5, 6; 116.19;
221.0315; 437.11; 462A.072; 557.11; Minnesota Statutes
2001 Supplement, sections 16A.1286, subdivisions 4, 5;
Laws 1997, chapter 85, article 4, section 28; Laws
1999, chapter 159, section 79; Laws 1999, chapter 231,
section 180; Laws 2001, chapter 161, section 4; Laws
2001, chapter 162, section 4; Laws 2001, First Special
Session chapter 2, section 103; Laws 2001, First
Special Session chapter 8, article 7, section 1;
Minnesota Rules, parts 5300.0360; 7021.0001, subparts
2, 4; 7190.0002; 7190.0003; 7190.0004; 7190.0008,
subparts 1, 2; 7190.0015, subparts 1, 2; 7190.0100,
subpart 2; 7190.1000, subpart 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
GENERAL
Section 1. Minnesota Statutes 2000, section 13.04,
subdivision 2, is amended to read:
Subd. 2. [INFORMATION REQUIRED TO BE GIVEN INDIVIDUAL.] An
individual asked to supply private or confidential data
concerning the individual shall be informed of: (a) the purpose
and intended use of the requested data within the collecting
state agency, political subdivision, or statewide system; (b)
whether the individual may refuse or is legally required to
supply the requested data; (c) any known consequence arising
from supplying or refusing to supply private or confidential
data; and (d) the identity of other persons or entities
authorized by state or federal law to receive the data. This
requirement shall not apply when an individual is asked to
supply investigative data, pursuant to section 13.82,
subdivision 5 7, to a law enforcement officer.
Sec. 2. Minnesota Statutes 2000, section 13.461,
subdivision 7, is amended to read:
Subd. 7. [APPLICATION PROCEDURES.] Tribal licensing agency
access to criminal history data is governed by section 245A.04,
subdivision 3, paragraph (h) (u).
Sec. 3. Minnesota Statutes 2000, section 13.4963,
subdivision 2, is amended to read:
Subd. 2. [GENERALLY.] Classification and disclosure of tax
data created, collected, or maintained by the department of
revenue under chapter 115B (except taxes imposed under sections
115B.21 to 115B.24), 289A (except for taxes imposed under
sections 298.01, 298.015, and 298.24), 290, 290A, 291, or 297A,
or 297H, and sections 295.50 to 295.59 or any similar Indian
tribal tax administered by the commissioner according to a tax
agreement between the state and an Indian tribal government are
governed by chapter 270B.
Sec. 4. Minnesota Statutes 2000, section 13.4967,
subdivision 3, is amended to read:
Subd. 3. [GROSS EARNINGS TAXES HOSPITAL AND HEALTH CARE
PROVIDER TAX.] Certain patient data provided to the department
of revenue under chapter 295 sections 295.50 to 295.59 are
classified under section 295.57, subdivision 2.
Sec. 5. Minnesota Statutes 2000, section 13D.05,
subdivision 2, is amended to read:
Subd. 2. [WHEN MEETING MUST BE CLOSED.] (a) Any portion of
a meeting must be closed if expressly required by other law or
if the following types of data are discussed:
(1) data that would identify alleged victims or reporters
of criminal sexual conduct, domestic abuse, or maltreatment of
minors or vulnerable adults;
(2) active investigative data as defined in section 13.82,
subdivision 5 7, or internal affairs data relating to
allegations of law enforcement personnel misconduct collected or
created by a state agency, statewide system, or political
subdivision; or
(3) educational data, health data, medical data, welfare
data, or mental health data that are not public data under
section 13.32, 13.3805, subdivision 1, 13.384, or 13.46,
subdivision 2 or 7.
(b) A public body shall close one or more meetings for
preliminary consideration of allegations or charges against an
individual subject to its authority. If the members conclude
that discipline of any nature may be warranted as a result of
those specific charges or allegations, further meetings or
hearings relating to those specific charges or allegations held
after that conclusion is reached must be open. A meeting must
also be open at the request of the individual who is the subject
of the meeting.
Sec. 6. Minnesota Statutes 2000, section 15A.086, is
amended to read:
15A.086 [LIMITS ON BONUS PAYMENTS.]
Notwithstanding any law to the contrary, an employee of the
state lottery or of a public corporation or nonprofit
corporation created by law may not receive bonus payments in any
year that exceed ten percent of the employee's base salary for
that year. For purposes of this section, bonus payments include
any combination of merit pay, achievement awards, or any other
cash payments in addition to base salary, other than severance
pay or overtime or holiday pay. Groups covered by this section
include, but are not limited to, the Workers' Compensation
Reinsurance Association, the Minnesota Insurance Guaranty
Association, the Fair plan, the Joint Underwriters Association,
the Minnesota Joint Underwriters Association, the Life and
Health Guaranty Association, the Minnesota Comprehensive Health
Association, the Minnesota State High School League, Minnesota
Technology, Inc., Agricultural Utilization Research Institute,
Minnesota Project Outreach Corporation, State Fund Mutual
Insurance Company, and the State Agricultural Society. This
section does not give any entity authority to grant a bonus not
otherwise authorized by law.
Sec. 7. Minnesota Statutes 2001 Supplement, section
16A.151, is amended by adding a subdivision to read:
Subd. 4. [SUPERSEDE.] This section supersedes section
8.31, subdivision 2c.
Sec. 8. Minnesota Statutes 2001 Supplement, section
16A.151, is amended by adding a subdivision to read:
Subd. 5. [EXPIRATION.] This section expires June 30, 2004.
Sec. 9. Minnesota Statutes 2000, section 16D.11,
subdivision 6, is amended to read:
Subd. 6. [CHARGE TO REFERRING AGENCY.] If collection costs
are canceled under subdivision 3, an amount equal to the penalty
costs is retained by the commissioner from the debt collected,
and is accounted for and subject to the same provisions of this
chapter as if the penalty costs had been collected from the
debtor.
Sec. 10. Minnesota Statutes 2000, section 17A.04,
subdivision 1, is amended to read:
Subdivision 1. [LICENSING PROVISIONS.] Licenses shall be
issued to livestock market agencies and public stockyards
annually and shall expire on December 31 each year, renewable
annually thereafter. A separate license must be obtained for
each separate geographical location even though operated under
the same management or same person, partnership, firm,
corporation, or livestock market. The license issued to a
livestock market agency and public stockyard shall be
conspicuously posted at the licensee's place of business.
Licenses shall be required for livestock dealers and their
agents for the period beginning July 1 each year and ending June
30. The license issued to a livestock dealer or the agent of a
livestock dealer shall be carried by the person so licensed.
The livestock dealer shall be responsible for the acts of the
dealer's agents. Licensed livestock market agencies, public
stockyards, and livestock dealers shall be responsible for the
faithful performance of duty of the public livestock weighers at
their places of business. The license issued to a livestock
market agency, public stockyard or livestock dealer or agent of
a livestock dealer is not transferable. The operation of
livestock market agencies, livestock dealers, agents and packers
at a public stockyard are exempt from sections 17A.01
to 17A.091, 17A.09 and 17A.12 to 17A.17.
Sec. 11. Minnesota Statutes 2001 Supplement, section
17B.15, subdivision 1, is amended to read:
Subdivision 1. [ADMINISTRATION; APPROPRIATION.] The fees
for inspection and weighing shall be fixed by the commissioner
and be a lien upon the grain. The commissioner shall set fees
for all inspection and weighing in an amount adequate to pay the
expenses of carrying out and enforcing the purposes of sections
17B.01 to 17B.22, including the portion of general support costs
and statewide indirect costs of the agency attributable to that
function, with a reserve sufficient for up to six months. The
commissioner shall review the fee schedule twice each year. Fee
adjustments are not subject to chapter 14. Payment shall be
required for services rendered.
All fees collected and all fines and penalties for
violation of any provision of this chapter shall be deposited in
the grain inspection and weighing account, which is created in
the agricultural fund for carrying out the purpose of sections
17B.01 to 17B.23 17B.22. The money in the account, including
interest earned on the account, is annually appropriated to the
commissioner of agriculture to administer the provisions of
sections 17B.01 to 17B.23 17B.22. When money from any other
account is used to administer sections 17B.01 to 17B.23 17B.22,
the commissioner shall notify the chairs of the agriculture,
environment and natural resources finance, and ways and means
committees of the house of representatives; the agriculture and
rural development and finance committees of the senate; and the
finance division of the environment and natural resources
committee of the senate.
Sec. 12. Minnesota Statutes 2000, section 31.51,
subdivision 3, is amended to read:
Subd. 3. [RETAIL MEAT MARKET; WHOLESALE MEAT PROCESSING
ESTABLISHMENT.] "Retail meat market" or "wholesale meat
processing establishment" means an establishment with or without
slaughtering facilities, where animal carcasses or edible
products derived therefrom are cured, salted, processed,
packaged, or otherwise prepared for sale as food intended for
human consumption; provided, however, that retail meat market or
wholesale meat processing establishment does not include: (1) a
purveyor of meals, or (2) a frozen food processing plant
licensed under section 31.185 and in which no slaughtering
operations are conducted.
Sec. 13. Minnesota Statutes 2000, section 32.073, is
amended to read:
32.073 [LICENSES; EXAMINATIONS, QUALIFICATIONS.]
A grading and testing license shall be issued by the
commissioner to a person making application therefor, after the
commissioner has determined that the applicant is competent and
qualified to grade and test milk and cream, and that the
applicant understands and is familiar with the provisions of
sections 32.01 to 32.532 32.486. Any conviction for violating
sections 32.01 to 32.532 32.486 or the standards, grades, and
rules adopted by the commissioner shall be taken into
consideration in determining whether or not the applicant is
competent and qualified.
Sec. 14. Minnesota Statutes 2000, section 41A.09,
subdivision 8, is amended to read:
Subd. 8. [PROMOTIONAL AND EDUCATIONAL MATERIALS;
DESCRIPTION OF MULTIPLE SOURCES OF ETHANOL REQUIRED.]
Promotional or educational efforts related to ethanol that are
financed wholly or partially with state funds and that promote
or identify a particular crop or commodity used to produce
ethanol must also include a description of the other potential
sources of ethanol listed in subdivision 2 2a.
Sec. 15. Minnesota Statutes 2000, section 41B.045,
subdivision 2, is amended to read:
Subd. 2. [LOAN PARTICIPATION.] The authority may
participate in a livestock expansion loan with an eligible
lender to a livestock farmer who meets the requirements of
section 41B.03, subdivision 1, clauses (1) and (2), and who are
actively engaged in a livestock operation. A prospective
borrower must have a total net worth, including assets and
liabilities of the borrower's spouse and dependents, of less
than $400,000 in 1999 and an amount in subsequent years which is
adjusted for inflation by multiplying $400,000 by the cumulative
inflation rate as determined by the United States All-Items
Consumer Price Index.
Participation is limited to 45 percent of the principal
amount of the loan or $250,000, whichever is less. The interest
rates and repayment terms of the authority's participation
interest may be different from the interest rates and repayment
terms of the lender's retained portion of the loan. Loans under
this program must not be included in the lifetime limitation
calculated under section 41B.03, subdivision 1.
Sec. 16. Minnesota Statutes 2000, section 41B.046,
subdivision 5, is amended to read:
Subd. 5. [LOANS.] (a) The authority may participate in a
stock loan with an eligible lender to a farmer who is eligible
under subdivision 4. Participation is limited to 45 percent of
the principal amount of the loan or $24,000, whichever is less.
The interest rates and repayment terms of the authority's
participation interest may differ from the interest rates and
repayment terms of the lender's retained portion of the loan,
but the authority's interest rate must not exceed 50 percent of
the lender's interest rate.
(b) No more than 95 percent of the purchase price of the
stock may be financed under this program.
(c) Loans under this program must not be included in the
lifetime limitation calculated under section 41B.03, subdivision
1.
(d) Security for stock loans must be the stock purchased, a
personal note executed by the borrower, and whatever other
security is required by the eligible lender or the authority.
(e) (d) The authority may impose a reasonable nonrefundable
application fee for each application for a stock loan. The
authority may review the fee annually and make adjustments as
necessary. The application fee is initially $50. Application
fees received by the authority must be deposited in the
value-added agricultural product revolving fund.
(f) (e) Stock loans under this program will be made using
money in the value-added agricultural product revolving fund
established under subdivision 3.
(g) (f) The authority may not grant stock loans in a
cumulative amount exceeding $2,000,000 for the financing of
stock purchases in any one cooperative.
Sec. 17. Minnesota Statutes 2000, section 41B.047,
subdivision 4, is amended to read:
Subd. 4. [LOANS.] (a) The authority may participate in a
disaster recovery loan with an eligible lender to a farmer who
is eligible under subdivision 3. Participation is limited to 45
percent of the principal amount of the loan or $50,000,
whichever is less. The interest rates and repayment terms of
the authority's participation interest may differ from the
interest rates and repayment terms of the lender's retained
portion of the loan, but the authority's interest rate must not
exceed four percent.
(b) Standards for loan amortization shall be set by the
rural finance authority not to exceed ten years.
(c) Loans under this program must not be included in the
lifetime limitation calculated under section 41B.03, subdivision
1.
(d) Security for the disaster recovery loans must be a
personal note executed by the borrower and whatever other
security is required by the eligible lender or the authority.
(e) (d) The authority may impose a reasonable nonrefundable
application fee for a disaster recovery loan. The authority may
review the fee annually and make adjustments as necessary. The
application fee is initially $50. Application fees received by
the authority must be deposited in the disaster recovery
revolving fund.
(f) (e) Disaster recovery loans under this program will be
made using money in the disaster recovery revolving fund
established under subdivision 2.
Sec. 18. Minnesota Statutes 2000, section 48.24,
subdivision 5, is amended to read:
Subd. 5. Loans or obligations shall not be subject under
this section to any limitation based upon such capital and
surplus to the extent that they are secured or covered by
guarantees, or by commitments or agreements to take over or to
purchase the same, made by:
(1) the commissioner of agriculture on the purchase of
agricultural land;
(2) any Federal Reserve bank;
(3) the United States or any department, bureau, board,
commission, or establishment of the United States, including any
corporation wholly owned directly or indirectly by the United
States;
(4) the Minnesota energy trade and economic development
authority department;
(5) the Minnesota export finance authority; or
(6) a municipality or political subdivision within
Minnesota to the extent that the guarantee or collateral is a
valid and enforceable general obligation of that political body.
Sec. 19. Minnesota Statutes 2001 Supplement, section
60K.31, subdivision 1, is amended to read:
Subdivision 1. [SCOPE.] For purposes of sections
60K.31 60K.30 to 60K.57 60K.56, the terms in subdivisions 2 to
18 have the meanings given them. The definitions in section
60A.02 are applicable to terms not defined in this section,
unless the language or context clearly indicates that a
different meaning is intended.
Sec. 20. Minnesota Statutes 2001 Supplement, section
60K.32, is amended to read:
60K.32 [LICENSE REQUIRED.]
A person shall not sell, solicit, or negotiate insurance in
this state for any class or classes of insurance unless the
person is licensed for that line of authority under sections
60K.31 60K.30 to 60K.57 60K.56. The license itself does not
create any authority, actual, apparent, or inherent, in the
holder to represent or commit an insurance carrier.
Sec. 21. Minnesota Statutes 2001 Supplement, section
60K.34, subdivision 1, is amended to read:
Subdivision 1. [LICENSE NOT REQUIRED.] Nothing in sections
60K.31 60K.30 to 60K.57 60K.56 requires an insurer to obtain an
insurance producer license. In this section, the term "insurer"
does not include an insurer's officers, directors, employees,
subsidiaries, or affiliates.
Sec. 22. Minnesota Statutes 2001 Supplement, section
60K.39, subdivision 5, is amended to read:
Subd. 5. [SURPLUS LINES PRODUCERS.] (a) Notwithstanding
any other provision of sections 60K.31 60K.30 to 60K.57 60K.56,
a person licensed as a surplus lines producer in the person's
home state shall receive a nonresident surplus lines producer
license under subdivision 1. Except as to subdivision 1,
nothing in this section otherwise amends or supersedes any
provision of sections 60A.195 to 60A.209.
(b) No surplus lines agent or broker licensed under
sections 60A.195 to 60A.209 may do business in this state unless
the agent or broker has complied with the requirements set forth
in section 60A.198, subdivision 3, paragraphs (b) to (d).
Sec. 23. Minnesota Statutes 2001 Supplement, section
60K.39, subdivision 6, is amended to read:
Subd. 6. [LIMITED LINES PRODUCER.] Notwithstanding any
other provision of sections 60K.31 60K.30 to 60K.57 60K.56, a
person licensed as a limited line credit insurance or other type
of limited lines producer in the person's home state shall
receive a nonresident limited lines producer license, under
subdivision 1, granting the same scope of authority as granted
under the license issued by the producer's home state. For the
purposes of this subdivision, limited line insurance is any
authority granted by the home state that restricts the authority
of the license to less than the total authority prescribed in
the associated major lines pursuant to section 60K.38,
subdivision 1, clauses (1) to (6).
Sec. 24. Minnesota Statutes 2001 Supplement, section
60K.48, is amended to read:
60K.48 [COMMISSIONS.]
Subdivision 1. [PAYMENT PROHIBITED.] An insurance company
or insurance producer shall not pay a commission, service fee,
brokerage, or other valuable consideration to a person for
selling, soliciting, or negotiating insurance in this state if
that person is required to be licensed under sections
60K.31 60K.30 to 60K.57 60K.56 and is not so licensed.
Subd. 2. [ACCEPTANCE PROHIBITED.] A person shall not
accept a commission, service fee, brokerage, or other valuable
consideration for selling, soliciting, or negotiating insurance
in this state if that person is required to be licensed under
sections 60K.31 60K.30 to 60K.57 60K.56 and is not so licensed.
Subd. 3. [EXCEPTIONS.] (a) Renewal or other deferred
commissions may be paid to a person for selling, soliciting, or
negotiating insurance in this state if the person was required
to be licensed under sections 60K.31 60K.30 to 60K.57 60K.56 at
the time of the sale, solicitation, or negotiation and was so
licensed at that time.
(b) An insurer or insurance producer may pay or assign
commissions, service fees, brokerages, or other valuable
consideration to an insurance agency or to persons who do not
sell, solicit, or negotiate insurance in this state, unless the
payment would constitute an illegal rebate or otherwise violate
section 72A.20, subdivision 10. A duly licensed producer may
pay commissions or assign or direct that commissions be paid to
a partnership of which the producer is a member, employee, or
agent, or to a corporation of which the agent is an officer,
employee, or agent.
Sec. 25. Minnesota Statutes 2001 Supplement, section
60K.51, subdivision 6, is amended to read:
Subd. 6. [CLASSIFICATION OF INVESTIGATIVE DATA.] Any
documents, materials, or other information in the control or
possession of the department of commerce that is furnished by an
insurer, producer, or an employee or agent of an insurer or
producer acting on behalf of the insurer or producer, or
obtained by the commissioner in an investigation pursuant to
this section is classified as confidential data pursuant to
section 13.41, subdivision 4, or private data pursuant to
section 13.41, subdivision 2.
Sec. 26. Minnesota Statutes 2001 Supplement, section
60K.52, subdivision 1, is amended to read:
Subdivision 1. [COMMISSIONER'S AUTHORITY.] In order to
assist in the performance of the commissioner's duties under
sections 60K.31 60K.30 to 60K.57 60K.56, the commissioner:
(1) may share licensing data or any active or inactive
investigative data with other state, federal, and international
regulatory agencies, with the National Association of Insurance
Commissioners, its affiliates or subsidiaries, and with state,
federal, and international law enforcement authorities if the
recipient agrees to maintain the data in a manner consistent
with its data classification;
(2) may receive documents, materials, or information,
including otherwise confidential and privileged documents,
materials, or information, from the National Association of
Insurance Commissioners, its affiliates or subsidiaries, and
from regulatory and law enforcement officials of other foreign
or domestic jurisdictions, and shall maintain as confidential or
privileged any document, material, or information received with
notice or the understanding that it is confidential or
privileged under the laws of the jurisdiction that is the source
of the document, material, or information; and
(3) may enter into agreements governing sharing and use of
information consistent with this subdivision.
No waiver of any applicable privilege or claim of
confidentiality in the documents, materials, or information
occurs as a result of disclosure to the commissioner under this
section or as a result of sharing as authorized in this
subdivision.
Nothing in sections 60K.31 60K.30 to 60K.57 60K.56
prohibits the commissioner from releasing information concerning
final, adjudicated actions, including for-cause terminations, to
a database or other clearinghouse service maintained by the
National Association of Insurance Commissioners, its affiliates,
or subsidiaries of the National Association of Insurance
Commissioners.
Sec. 27. Minnesota Statutes 2001 Supplement, section
61B.23, subdivision 15, is amended to read:
Subd. 15. [VENUE; APPEAL BOND.] Except as otherwise
provided in section 61B.24, subdivision 10, or 61B.26, paragraph
(c), venue in a suit against the association arising under
sections 62B.18 to 62B.32 61B.18 to 61B.32 shall be in Ramsey
county. The association shall not be required to give an appeal
bond in an appeal that relates to a cause of action arising
under sections 61B.18 to 61B.32.
Sec. 28. [89A.11] [REPEALER.]
Sections 89A.01; 89A.02; 89A.03; 89A.04; 89A.05; 89A.06;
89A.07; 89A.08; 89A.09; 89A.10; and 89A.11, are repealed June
30, 2007.
Sec. 29. Minnesota Statutes 2000, section 115A.06,
subdivision 5a, is amended to read:
Subd. 5a. [ACQUISITION OF EASEMENTS.] If the office
determines that any activity deemed necessary to accomplish its
purposes under subdivision 5 constitutes a substantial
interference with the possession, enjoyment, or value of the
property where the activity will take place, the office may
acquire a temporary easement interest in the property that
permits the office to carry out the activity and other
activities incidental to the accomplishment of the same
purposes. The office may acquire temporary easement interests
under this subdivision by purchase, gift, or condemnation. The
right of the office to acquire a temporary easement is subject
to the same requirements and may be exercised with the same
authority as provided for acquisition of property interests by
the commissioner of administration under Minnesota Statutes
1994, section 115A.06, subdivision 4.
Sec. 30. Minnesota Statutes 2000, section 115A.59, is
amended to read:
115A.59 [BOND AUTHORIZATION AND APPROPRIATION OF PROCEEDS.]
The commissioner of finance is authorized, upon request of
the director, to sell state bonds in the amount of up to
$8,800,000 for the purpose of the waste processing facility
capital assistance program under section 115A.54, and in the
amount of up to $6,200,000 for the purpose of acquiring real
property and interests in real property for hazardous waste
facility sites and buffer areas as authorized by section
115A.06, subdivision 4. The bonds shall be sold in the manner
and upon the conditions prescribed in sections 16A.631 to
16A.675, and in the Minnesota Constitution, article XI, sections
4 to 7. The amount of bonds issued pursuant to this
authorization shall not exceed at any time the amount needed to
produce a balance in the waste management account equal to the
aggregate amount of the loans and grants then approved and not
previously disbursed, plus the amount of the loans and grants to
be approved in the current and the following fiscal year, as
estimated by the director.
Sec. 31. Minnesota Statutes 2000, section 115A.9157,
subdivision 6, is amended to read:
Subd. 6. [LIST OF PARTICIPANTS.] A manufacturer or its
representative organization shall inform the legislative
commission on waste management committees listed in subdivision
5 when they begin participating in the projects and programs and
immediately if they withdraw participation. The list of
participants shall be available to retailers, distributors,
governmental agencies, and other interested persons who provide
a self-addressed stamped envelope to the commission.
Sec. 32. Minnesota Statutes 2000, section 115B.20,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] (a) The environmental
response, compensation, and compliance account is in the
environmental fund in the state treasury and may be spent only
for the purposes provided in subdivision 2.
(b) The commissioner of finance shall administer a response
account for the agency and the commissioner of agriculture to
take removal, response, and other actions authorized under
subdivision 2, clauses (1) to (4) and (10) to (12) (9) to (11).
The commissioner of finance shall transfer money from the
response account to the agency and the commissioner of
agriculture to take actions required under subdivision 2,
clauses (1) to (4) and (10) to (12) (9) to (11).
(c) The commissioner of finance shall administer the
account in a manner that allows the commissioner of agriculture
and the agency to utilize the money in the account to implement
their removal and remedial action duties as effectively as
possible.
(d) Amounts appropriated to the commissioner of finance
under this subdivision shall not be included in the department
of finance budget but shall be included in the pollution control
agency and department of agriculture budgets.
(e) All money recovered by the state under section 115B.04
or any other law for injury to, destruction of, or loss of
natural resources resulting from the release of a hazardous
substance, or a pollutant or contaminant, must be credited to
the environmental response, compensation, and compliance account
in the environmental fund and is appropriated to the
commissioner of natural resources for purposes of subdivision 2,
clause (5), consistent with any applicable term of judgments,
consent decrees, consent orders, or other administrative actions
requiring payments to the state for such purposes. Before
making an expenditure of money appropriated under this
paragraph, the commissioner of natural resources shall provide
written notice of the proposed expenditure to the chairs of the
senate committee on finance, the house of representatives
committee on ways and means, the finance division of the senate
committee on environment and natural resources, and the house of
representatives committee on environment and natural resources
finance.
Sec. 33. Minnesota Statutes 2000, section 115B.20,
subdivision 2, is amended to read:
Subd. 2. [PURPOSES FOR WHICH MONEY MAY BE SPENT.] Subject
to appropriation by the legislature the money in the account may
be spent for any of the following purposes:
(1) preparation by the agency and the commissioner of
agriculture for taking removal or remedial action under section
115B.17, or under chapter 18D, including investigation,
monitoring and testing activities, enforcement and compliance
efforts relating to the release of hazardous substances,
pollutants or contaminants under section 115B.17 or 115B.18, or
chapter 18D;
(2) removal and remedial actions taken or authorized by the
agency or the commissioner of the pollution control agency under
section 115B.17, or taken or authorized by the commissioner of
agriculture under chapter 18D including related enforcement and
compliance efforts under section 115B.17 or 115B.18, or chapter
18D, and payment of the state share of the cost of remedial
action which may be carried out under a cooperative agreement
with the federal government pursuant to the federal Superfund
Act, under United States Code, title 42, section 9604(c)(3) for
actions related to facilities other than commercial hazardous
waste facilities located under the siting authority of chapter
115A;
(3) reimbursement to any private person for expenditures
made before July 1, 1983, to provide alternative water supplies
deemed necessary by the agency or the commissioner of
agriculture and the department of health to protect the public
health from contamination resulting from the release of a
hazardous substance;
(4) removal and remedial actions taken or authorized by the
agency or the commissioner of agriculture or the pollution
control agency under section 115B.17, or chapter 18D, including
related enforcement and compliance efforts under section 115B.17
or 115B.18, or chapter 18D, and payment of the state share of
the cost of remedial action which may be carried out under a
cooperative agreement with the federal government pursuant to
the federal Superfund Act, under United States Code, title 42,
section 9604(c)(3) for actions related to commercial hazardous
waste facilities located under the siting authority of chapter
115A;
(5) planning and implementation by the commissioner of
natural resources of the rehabilitation, restoration, or
acquisition of natural resources to remedy injuries or losses to
natural resources resulting from the release of a hazardous
substance;
(6) inspection, monitoring, and compliance efforts by the
agency, or by political subdivisions with agency approval, of
commercial hazardous waste facilities located under the siting
authority of chapter 115A;
(7) grants by the agency or the office of environmental
assistance to demonstrate alternatives to land disposal of
hazardous waste including reduction, separation, pretreatment,
processing and resource recovery, for education of persons
involved in regulating and handling hazardous waste;
(8) intervention and environmental mediation by the
legislative commission on waste management under chapter 115A;
(9) grants by the agency to study the extent of
contamination and feasibility of cleanup of hazardous substances
and pollutants or contaminants in major waterways of the state;
(10) (9) acquisition of a property interest under section
115B.17, subdivision 15;
(11) (10) reimbursement, in an amount to be determined by
the agency in each case, to a political subdivision that is not
a responsible person under section 115B.03, for reasonable and
necessary expenditures resulting from an emergency caused by a
release or threatened release of a hazardous substance,
pollutant, or contaminant; and
(12) (11) reimbursement to a political subdivision for
expenditures in excess of the liability limit under section
115B.04, subdivision 4.
Sec. 34. Minnesota Statutes 2000, section 115B.20,
subdivision 5, is amended to read:
Subd. 5. [RECOMMENDATION.] The legislative commission on
waste management and the commissioner of agriculture shall make
recommendations to the standing legislative committees on
finance and appropriations regarding appropriations from the
account.
Sec. 35. Minnesota Statutes 2000, section 116J.615, is
amended to read:
116J.615 [OFFICE OF TOURISM.]
Subdivision 1. [DUTIES OF DIRECTOR DEPUTY COMMISSIONER.]
The director deputy commissioner of the office of tourism shall:
(1) publish, disseminate, and distribute informational and
promotional literature;
(2) promote and encourage the expansion and development of
international tourism marketing;
(3) advertise and disseminate information about travel
opportunities in the state of Minnesota;
(4) aid various local communities to improve their tourism
marketing programs;
(5) coordinate and implement a comprehensive state tourism
marketing program that takes into consideration all public and
private businesses and attractions;
(6) conduct market research and analysis to improve
marketing techniques in the area of tourism;
(7) investigate and study conditions affecting Minnesota's
tourism industry, collect and disseminate information, and
engage in technical studies, scientific investigations, and
statistical research and educational activities necessary or
useful for the proper execution of the powers and duties of the
director deputy commissioner in promoting and developing
Minnesota's tourism industry, both within and outside the state;
(8) apply for, accept, receive, and expend any funds for
the promotion of tourism in Minnesota. All money received by
the director deputy commissioner under this subdivision shall be
deposited in the state treasury and is appropriated to
the director deputy commissioner for the purposes for which the
money has been received. The director deputy commissioner may
enter into interagency agreements and may agree to share net
revenues with the contributing agencies. The money does not
cancel and is available until expended; and
(9) plan and conduct information and publicity programs to
attract tourists, visitors, and other interested persons from
outside the state to this state; encourage and coordinate
efforts of other public and private organizations or groups of
citizens to publicize facilities and attractions in this state;
and work with representatives of the hospitality and tourism
industry to carry out its programs.
Sec. 36. Minnesota Statutes 2000, section 116J.616, is
amended to read:
116J.616 [SPECIFIC AGREEMENTS PROHIBITED.]
The commissioner or director deputy commissioner of the
office of tourism may not enter into an agreement which would
obligate the state to pay any part of a debt incurred by a
public or private facility, organization, or attraction.
Sec. 37. Minnesota Statutes 2000, section 119A.11,
subdivision 3, is amended to read:
Subd. 3. [ADVISORY COUNCIL.] "Advisory council" means the
advisory council established under section 119A.13 119A.35.
Sec. 38. Minnesota Statutes 2000, section 119A.20,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purposes of sections
119A.20 to 119A.23 119A.22, the following terms have the
meanings given.
Sec. 39. Minnesota Statutes 2001 Supplement, section
119A.22, is amended to read:
119A.22 [DUTIES OF COMMISSIONER.]
The commissioner shall:
(1) review applications and award grants to programs
pursuant to section 119A.21;
(2) design a uniform method of collecting data to be used
to monitor and assure compliance of the programs funded under
section 119A.21;
(3) provide technical assistance to applicants in the
development of grant requests and to grantees in meeting the
data collection requirements established by the commissioner;
and
(4) adopt, under chapter 14, all rules necessary to
implement the provisions of sections 119A.20 to 119A.23 119A.22.
Sec. 40. Minnesota Statutes 2000, section 119A.37,
subdivision 3, is amended to read:
Subd. 3. [FUNDING.] The commissioner may award grants to
create or maintain parenting time centers.
In awarding grants to maintain a parenting time center, the
commissioner may award a grant to a center that can demonstrate
a 35 25 percent local match, provided the center is diligently
exploring and pursuing all available funding options in an
effort to become self-sustaining, and those efforts are reported
to the commissioner.
In awarding grants to create a parenting time center, the
commissioner shall give priority to:
(1) areas of the state where no other parenting time center
or similar facility exists;
(2) applicants who demonstrate that private funding for the
center is available and will continue; and
(3) facilities that are adapted for use to care for
children, such as day care centers, religious institutions,
community centers, schools, technical colleges, parenting
resource centers, and child care referral services.
In awarding grants to create or maintain a parenting time
center, the commissioner shall require the proposed center to
meet standards developed by the commissioner to ensure the
safety of the custodial parent and children.
Sec. 41. Minnesota Statutes 2000, section 119A.46,
subdivision 6, is amended to read:
Subd. 6. [ON-THE-JOB TRAINING COMPONENT.] (a) Programs
established under this section must provide on-the-job training
for swab team workers. Training methods must follow procedures
established under section 144.9506.
(b) Swab team workers must receive monetary compensation
equal to the prevailing wage as defined in section 177.42,
subdivision 6, for comparable jobs in the licensed contractor's
principal business.
Sec. 42. Minnesota Statutes 2000, section 122A.20,
subdivision 1, is amended to read:
Subdivision 1. [GROUNDS FOR REVOCATION, SUSPENSION, OR
DENIAL.] (a) The board of teaching or the commissioner, with the
advice from an advisory task force of supervisory personnel
established under section 15.014 board of school administrators,
whichever has jurisdiction over a teacher's licensure, may, on
the written complaint of the school board employing a teacher, a
teacher organization, or any other interested person, refuse to
issue, refuse to renew, suspend, or revoke a teacher's license
to teach for any of the following causes:
(1) Immoral character or conduct;
(2) Failure, without justifiable cause, to teach for the
term of the teacher's contract;
(3) Gross inefficiency or willful neglect of duty; or
(4) Failure to meet licensure requirements; or
(5) Fraud or misrepresentation in obtaining a license.
The written complaint must specify the nature and character
of the charges.
(b) The board of teaching or the commissioner of children,
families, and learning board of school administrators whichever
has jurisdiction over a teacher's licensure, shall refuse to
issue, refuse to renew, or automatically revoke a teacher's
license to teach without the right to a hearing upon receiving a
certified copy of a conviction showing that the teacher has been
convicted of child abuse, as defined in section 609.185, or
sexual abuse under section 609.342, 609.343, 609.344, 609.345,
609.3451, subdivision 3, or 617.23, subdivision 3, or under a
similar law of another state or the United States. The board
shall send notice of this licensing action to the district in
which the teacher is currently employed.
(c) A person whose license to teach has been revoked, not
issued, or not renewed under paragraph (b), may petition the
board to reconsider the licensing action if the person's
conviction for child abuse or sexual abuse is reversed by a
final decision of the court of appeals or the supreme court or
if the person has received a pardon for the offense. The
petitioner shall attach a certified copy of the appellate
court's final decision or the pardon to the petition. Upon
receiving the petition and its attachment, the board shall
schedule and hold a disciplinary hearing on the matter under
section 214.10, subdivision 2, unless the petitioner waives the
right to a hearing. If the board finds that, notwithstanding
the reversal of the petitioner's criminal conviction or the
issuance of a pardon, the petitioner is disqualified from
teaching under paragraph (a), clause (1), the board shall affirm
its previous licensing action. If the board finds that the
petitioner is not disqualified from teaching under paragraph
(a), clause (1), it shall reverse its previous licensing action.
(d) For purposes of this subdivision, the board of teaching
is delegated the authority to suspend or revoke coaching
licenses.
Sec. 43. Minnesota Statutes 2000, section 123B.61, is
amended to read:
123B.61 [PURCHASE OF CERTAIN EQUIPMENT.]
The board of a district may issue general obligation
certificates of indebtedness or capital notes subject to the
district debt limits to: (a) purchase vehicles, computers,
telephone systems, cable equipment, photocopy and office
equipment, technological equipment for instruction, and other
capital equipment having an expected useful life at least as
long as the terms of the certificates or notes; (b) purchase
computer hardware and software, without regard to its expected
useful life, whether bundled with machinery or equipment or
unbundled, together with application development services and
training related to the use of the computer; and (c) prepay
special assessments. The certificates or notes must be payable
in not more than five years and must be issued on the terms and
in the manner determined by the board, except that certificates
or notes issued to prepay special assessments must be payable in
not more than 20 years. The certificates or notes may be issued
by resolution and without the requirement for an election. The
certificates or notes are general obligation bonds for purposes
of section 126C.55. A tax levy must be made for the payment of
the principal and interest on the certificates or notes, in
accordance with section 475.61, as in the case of bonds. The
sum of the tax levies under this section and section 123B.62 for
each year must not exceed the lesser of the amount of the
district's total operating capital revenue or the sum of the
district's levy in the general and community service funds
excluding the adjustments under this section for the year
preceding the year the initial debt service levies are
certified. The district's general education fund levy for each
year must be reduced by the sum of (1) the amount of the tax
levies for debt service certified for each year for payment of
the principal and interest on the certificates or notes issued
under this section as required by section 475.61, (2) the amount
of the tax levies for debt service certified for each year for
payment of the principal and interest on bonds issued under
section 123B.62, and (2) (3) any excess amount in the debt
redemption fund used to retire bonds, certificates, or notes
issued under this section or section 123B.62 after April 1,
1997, other than amounts used to pay capitalized interest. If
the district's general fund levy is less than the amount of the
reduction, the balance shall be deducted first from the
district's community service fund levy, and next from the
district's general fund or community service fund levies for the
following year. A district using an excess amount in the debt
redemption fund to retire the certificates or notes shall report
the amount used for this purpose to the commissioner by July 15
of the following fiscal year. A district having an outstanding
capital loan under section 126C.69 or an outstanding debt
service loan under section 126C.68 must not use an excess amount
in the debt redemption fund to retire the certificates or notes.
Sec. 44. Minnesota Statutes 2000, section 123B.62, is
amended to read:
123B.62 [BONDS FOR CERTAIN CAPITAL FACILITIES.]
(a) In addition to other bonding authority, with approval
of the commissioner, a district may issue general obligation
bonds for certain capital projects under this section. The
bonds must be used only to make capital improvements including:
(1) under section 126C.10, subdivision 14, total operating
capital revenue uses specified in clauses (4), (6), (7), (8),
(9), and (10);
(2) the cost of energy modifications;
(3) improving handicap accessibility to school buildings;
and
(4) bringing school buildings into compliance with life and
safety codes and fire codes.
(b) Before a district issues bonds under this subdivision,
it must publish notice of the intended projects, the amount of
the bond issue, and the total amount of district indebtedness.
(c) A bond issue tentatively authorized by the board under
this subdivision becomes finally authorized unless a petition
signed by more than 15 percent of the registered voters of the
district is filed with the school board within 30 days of the
board's adoption of a resolution stating the board's intention
to issue bonds. The percentage is to be determined with
reference to the number of registered voters in the district on
the last day before the petition is filed with the board. The
petition must call for a referendum on the question of whether
to issue the bonds for the projects under this section. The
approval of 50 percent plus one of those voting on the question
is required to pass a referendum authorized by this section.
(d) The bonds must be paid off within ten years of
issuance. The bonds must be issued in compliance with chapter
475, except as otherwise provided in this section. A tax levy
must be made for the payment of principal and interest on the
bonds in accordance with section 475.61. The sum of the tax
levies under this section and section 123B.61 for each year must
not exceed the amount of the district's total operating capital
revenue for the year the initial debt service levies are
certified limit specified in section 123B.61. The district's
general education levy for each year must be reduced by the sum
of (1) the amount of the tax levies for debt service certified
for each year for payment of the principal and interest on the
bonds, and (2) any excess amount in the debt redemption fund
used to retire bonds issued after April 1, 1997, other than
amounts used to pay capitalized interest as provided in section
123B.61. A district using an excess amount in the debt
redemption fund to retire the bonds shall report the amount used
for this purpose to the commissioner by July 15 of the following
fiscal year. A district having an outstanding capital loan
under section 126C.69 or an outstanding debt service loan under
section 126C.68 must not use an excess amount in the debt
redemption fund to retire the bonds.
(e) Notwithstanding paragraph (d), bonds issued by a
district within the first five years following voter approval of
a combination according to section 123A.37, subdivision 2, must
be paid off within 20 years of issuance. All the other
provisions and limitation of paragraph (d) apply.
Sec. 45. Minnesota Statutes 2001 Supplement, section
125A.09, subdivision 3, is amended to read:
Subd. 3. [INITIAL ACTION; PARENT CONSENT.] (a) The
district must not proceed with the initial formal assessment
evaluation of a child, the initial placement of a child in a
special education program, or the initial provision of special
education services for a child without the prior written consent
of the child's parent or guardian. The refusal of a parent or
guardian to consent to an initial evaluation or reevaluation may
be overridden by the decision in a hearing held pursuant to
subdivision 6 at the district's initiative.
(b) A parent, after consulting with health care, education,
or other professional providers, may agree or disagree to
provide the parent's child with sympathomimetic medications
unless section 144.344 applies.
Sec. 46. Minnesota Statutes 2001 Supplement, section
126C.10, subdivision 4, is amended to read:
Subd. 4. [BASIC SKILLS REVENUE.] (a) For fiscal year 2002,
a school district's basic skills revenue equals the sum of:
(1) compensatory revenue under subdivision 3; plus
(2) limited English proficiency revenue according to
section 124D.65, subdivision 5; plus
(3) $190 times the limited English proficiency pupil units
according to section 126C.05, subdivision 17; plus
(4) $22.50 times the number of adjusted marginal cost pupil
units in kindergarten to grade 8.
(b) For fiscal year 2003 and later, a school district's
basic skills revenue equals the sum of:
(1) compensatory revenue under subdivision 3; plus
(2) limited English proficiency revenue under section
124D.65, subdivision 5; plus
(3) $190 times the limited English proficiency pupil units
under section 126C.05, subdivision 17.
Sec. 47. Minnesota Statutes 2000, section 126C.10,
subdivision 26, is amended to read:
Subd. 26. [DISTRICT EQUITY GAP.] A district's equity gap
equals the greater of zero or the difference between the
district's adjusted general revenue and the value of the school
district at or immediately above the regional 90th 95th
percentile of adjusted general revenue per adjusted marginal
cost pupil unit.
[EFFECTIVE DATE.] This section is effective for revenue for
fiscal year 2002.
Sec. 48. Minnesota Statutes 2001 Supplement, section
136G.03, subdivision 20, is amended to read:
Subd. 20. [MAXIMUM ACCOUNT BALANCE LIMIT.] "Maximum
account balance limit" means the amount established by the
office under section 136.2441 136G.09, subdivision 8, paragraph
(d).
Sec. 49. Minnesota Statutes 2001 Supplement, section
144.057, subdivision 4, is amended to read:
Subd. 4. [RESPONSIBILITIES OF FACILITIES AND AGENCIES.]
Facilities and agencies described in subdivision 1 shall be
responsible for cooperating with the departments in implementing
the provisions of this section. The responsibilities imposed on
applicants and licensees under chapter 245A shall apply to these
facilities and supplemental nursing services agencies. The
provision of section 245A.04, subdivision 3, paragraph (e) (n),
shall apply to applicants, licensees, registrants, or an
individual's refusal to cooperate with the completion of the
background studies. Supplemental nursing services agencies
subject to the registration requirements in section 144A.71 must
maintain records verifying compliance with the background study
requirements under this section.
Sec. 50. Minnesota Statutes 2000, section 144E.43,
subdivision 1, is amended to read:
Subdivision 1. [AWARD PAYMENTS.] (a) The emergency medical
services regulatory board or the board's designee under section
144E.40, subdivision 2, shall pay ambulance service personnel
longevity awards to qualified ambulance service personnel
determined to be entitled to an award under section 144E.46 by
the board based on the submissions by the various ambulance
services. Amounts necessary to pay the ambulance service
personnel longevity award are appropriated from the ambulance
service personnel longevity award and incentive trust account to
the board.
(b) If the state of Minnesota is unable to meet its
financial obligations as they become due, the commissioner of
health board shall undertake all necessary steps to discontinue
paying ambulance service personnel longevity awards until the
state of Minnesota is again able to meet its financial
obligations as they become due.
Sec. 51. Minnesota Statutes 2000, section 148.71,
subdivision 3, is amended to read:
Subd. 3. [FOREIGN-TRAINED PHYSICAL THERAPISTS; TEMPORARY
PERMITS.] (a) The board of medical practice physical therapy may
issue a temporary permit to a foreign-trained physical therapist
who:
(1) is enrolled in a supervised physical therapy
traineeship that meets the requirements under paragraph (b);
(2) has completed a physical therapy education program
equivalent to that under section 148.705 and Minnesota Rules,
part 5601.0800, subpart 2;
(3) has achieved a score of at least 550 on the test of
English as a foreign language or a score of at least 85 on the
Minnesota battery test; and
(4) has paid a nonrefundable fee set by the board.
A foreign-trained physical therapist must have the
temporary permit before beginning a traineeship.
(b) A supervised physical therapy traineeship must:
(1) be at least six months;
(2) be at a board-approved facility;
(3) provide a broad base of clinical experience to the
foreign-trained physical therapist including a variety of
physical agents, therapeutic exercises, evaluation procedures,
and patient diagnoses;
(4) be supervised by a physical therapist who has at least
three years of clinical experience and is licensed under
subdivision 1; and
(5) be approved by the board before the foreign-trained
physical therapist begins the traineeship.
(c) A temporary permit is effective on the first day of a
traineeship and expires 90 days after the next examination for
licensing given by the board following successful completion of
the traineeship or on the date on which the board, after
examination of the applicant, grants or denies the applicant a
license to practice, whichever occurs first.
(d) A foreign-trained physical therapist must successfully
complete a traineeship to be licensed as a physical therapist
under subdivision 1. The traineeship may be waived for a
foreign-trained physical therapist who is licensed or otherwise
registered in good standing in another state and has
successfully practiced physical therapy in that state under the
supervision of a licensed or registered physical therapist for
at least six months at a facility that meets the requirements
under paragraph (b), clauses (2) and (3).
(e) A temporary permit will not be issued to a
foreign-trained applicant who has been issued a temporary permit
for longer than six months in any other state.
Sec. 52. Minnesota Statutes 2001 Supplement, section
169.073, is amended to read:
169.073 [PROHIBITED LIGHT OR SIGNAL.]
(a) No person or corporation shall place, maintain or
display any red light or red sign, signal, or lighting device or
maintain it in view of any highway or any line of railroad on or
over which trains are operated in such a way as to interfere
with the effectiveness or efficiency of any highway
traffic-control device or signals or devices used in the
operation of a railroad. Upon written notice from the
commissioner of transportation, a person or corporation
maintaining or owning or displaying a prohibited light shall
promptly remove it, or change the color of it to some other
color than red. Where a prohibited light or sign interferes
with the effectiveness or efficiency of the signals or devices
used in the operation of a railroad, the department of
transportation may cause the removal of it and the department
may issue notices and orders for its removal. The department
shall proceed as provided in sections 216.13, 216.14, 216.15,
216.16, and 216.17, with a right of appeal to the aggrieved
party in accordance with chapter 14.
(b) No person or corporation shall maintain or display any
light after written notice from the commissioner of
transportation or the department of public service that the
light constitutes a traffic hazard and that it the commissioner
has ordered the removal thereof.
Sec. 53. Minnesota Statutes 2001 Supplement, section
214.01, subdivision 3, is amended to read:
Subd. 3. [NON-HEALTH-RELATED LICENSING BOARD.]
"Non-health-related licensing board" means the board of teaching
established pursuant to section 122A.07, the board of barber
examiners established pursuant to section 154.22, the board of
assessors established pursuant to section 270.41, the board of
architecture, engineering, land surveying, landscape
architecture, geoscience, and interior design established
pursuant to section 326.04, the board of electricity established
pursuant to section 326.241, the private detective and
protective agent licensing board established pursuant to section
326.33, the board of accountancy established pursuant to section
326A.02, the board of boxing established pursuant to section
341.01, and the peace officer standards and training board
established pursuant to section 626.841.
Sec. 54. Minnesota Statutes 2001 Supplement, section
216B.098, subdivision 2, is amended to read:
Subd. 2. [BUDGET BILLING PLANS.] A utility shall offer a
customer a budget billing plan for payment of charges for
service, including adequate notice to customers prior to
changing budget payment amounts. Municipal utilities having
3,000 or fewer customers are exempt from this requirement.
Municipal utilities having more than 3,000 customers shall
implement this requirement within two years of the effective
date of this chapter before July 1, 2003.
Sec. 55. Minnesota Statutes 2001 Supplement, section
216B.2424, subdivision 5, is amended to read:
Subd. 5. [MANDATE.] (a) A public utility, as defined in
section 216B.02, subdivision 4, that operates a nuclear-powered
electric generating plant within this state must construct and
operate, purchase, or contract to construct and operate (1) by
December 31, 1998, 50 megawatts of electric energy installed
capacity generated by farm-grown closed-loop biomass scheduled
to be operational by December 31, 2001; and (2) by December 31,
1998, an additional 75 megawatts of installed capacity so
generated scheduled to be operational by December 31, 2002.
(b) Of the 125 megawatts of biomass electricity installed
capacity required under this subdivision, no more than 50
megawatts of this capacity may be provided by a facility that
uses poultry litter as its primary fuel source and any such
facility:
(1) need not use biomass that complies with the definition
in subdivision 1;
(2) must enter into a contract with the public utility for
such capacity, that has an average purchase price per megawatt
hour over the life of the contract that is equal to or less than
the average purchase price per megawatt hour over the life of
the contract in contracts approved by the public utilities
commission before April 1, 2000, to satisfy the mandate of this
section, and file that contract with the public utilities
commission prior to September 1, 2000; and
(3) must schedule such capacity must be scheduled to be
operational by December 31, 2002.
(c) Of the total 125 megawatts of biomass electric energy
installed capacity required under this section, no more than 75
megawatts may be provided by a single project.
(d) Of the 75 megawatts of biomass electric energy
installed capacity required under paragraph (a), clause (2), no
more than 25 megawatts of this capacity may be provided by a St.
Paul district heating and cooling system cogeneration facility
utilizing waste wood as a primary fuel source. The St. Paul
district heating and cooling system cogeneration facility need
not use biomass that complies with the definition in subdivision
1.
(e) The public utility must accept and consider on an equal
basis with other biomass proposals:
(1) a proposal to satisfy the requirements of this section
that includes a project that exceeds the megawatt capacity
requirements of either paragraph (a), clause (1) or (2), and
that proposes to sell the excess capacity to the public utility
or to other purchasers; and
(2) a proposal for a new facility to satisfy more than ten
but not more than 20 megawatts of the electrical generation
requirements by a small business-sponsored independent power
producer facility to be located within the northern quarter of
the state, which means the area located north of Constitutional
Route No. 8 as described in section 161.114, subdivision 2, and
that utilizes biomass residue wood, sawdust, bark, chipped wood,
or brush to generate electricity. A facility described in this
clause is not required to utilize biomass complying with the
definition in subdivision 1, but must have the capacity required
by this clause operational by December 31, 2002.
(f) If a public utility files a contract with the
commission for electric energy installed capacity that uses
poultry litter as its primary fuel source, the commission must
do a preliminary review of the contract to determine if it meets
the purchase price criteria provided in paragraph (b), clause
(2), of this subdivision. The commission shall perform its
review and advise the parties of its determination within 30
days of filing of such a contract by a public utility. A public
utility may submit by September 1, 2000, a revised contract to
address the commission's preliminary determination.
(g) The commission shall finally approve, modify, or
disapprove no later than July 1, 2001, all contracts submitted
by a public utility as of September 1, 2000, to meet the mandate
set forth in this subdivision.
(h) If a public utility subject to this section exercises
an option to increase the generating capacity of a project in a
contract approved by the commission prior to April 25, 2000, to
satisfy the mandate in this subdivision, the public utility must
notify the commission by September 1, 2000, that it has
exercised the option and include in the notice the amount of
additional megawatts to be generated under the option
exercised. Any review by the commission of the project after
exercise of such an option shall be based on the same criteria
used to review the existing contract.
(i) A facility specified in this subdivision qualifies for
exemption from property taxation under section 272.02,
subdivision 43.
Sec. 56. Minnesota Statutes 2001 Supplement, section
216B.2425, subdivision 3, is amended to read:
Subd. 3. [COMMISSION APPROVAL.] By June 1 of each
even-numbered year, the commission shall adopt a state
transmission project list and shall certify, certify as
modified, or deny certification of the projects proposed under
subdivision 2. The commission may only certify a project that
is a high-voltage transmission line as defined in section
216B.2421, subdivision 2, that the commission finds is:
(1) necessary to maintain or enhance the reliability of
electric service to Minnesota consumers;
(2) needed, applying the criteria in section 216B.241
216B.243, subdivision 3; and
(3) in the public interest, taking into account electric
energy system needs and economic, environmental, and social
interests affected by the project.
Sec. 57. Minnesota Statutes 2000, section 219.98, is
amended to read:
219.98 [FEES FOR APPLYING FOR ORDER.]
A person other than the state, a state agency, or a
political subdivision, who applies for an order of the
commissioner of transportation relating to clearances under
section 219.47, permitting the abandonment or removal of track
under section 219.741, or permitting abandonment of a station or
discontinuance or reduction of agency service under section
219.85, shall pay, at the time the application is filed, into
the state treasury a fee of $100. A person other than the
state, a state agency, or a political subdivision, applying for
an order of the commissioner under any other provision of this
chapter shall pay, at the time the application is filed, into
the state treasury a fee of $50.
Sec. 58. Minnesota Statutes 2000, section 221.185,
subdivision 5a, is amended to read:
Subd. 5a. [REINSTATEMENT AFTER CANCELLATION.] A motor
carrier whose permit or certificate is canceled for failure to
comply with sections 221.141 and 221.296 relating to bonds and
insurance may ask the board commissioner to review the
cancellation. Upon review, the board commissioner shall rescind
the cancellation if: (1) the motor carrier presents evidence
showing that before the effective date of the notice of
cancellation issued under subdivision 5, the motor carrier had
obtained and paid for the insurance required by sections 221.141
and 221.296, and the rules of the commissioner, and (2) the
commissioner informs the board is satisfied that the motor
carrier has complied with the requirements of sections 221.141
and 221.296 and the rules of the commissioner.
Sec. 59. Minnesota Statutes 2000, section 222.631,
subdivision 1, is amended to read:
Subdivision 1. [TERMS.] For purposes of sections
222.631 to 222.633 and 222.632, the following terms have the
meanings given them.
Sec. 60. Minnesota Statutes 2000, section 260B.171,
subdivision 5, is amended to read:
Subd. 5. [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except
for records relating to an offense where proceedings are public
under section 260B.163, subdivision 1, peace officers' records
of children who are or may be delinquent or who may be engaged
in criminal acts shall be kept separate from records of persons
18 years of age or older and are private data but shall be
disseminated: (1) by order of the juvenile court, (2) as
required by section 121A.28, (3) as authorized under section
13.82, subdivision 2, (4) to the child or the child's parent or
guardian unless disclosure of a record would interfere with an
ongoing investigation, (5) to the Minnesota crime victims
reparations board as required by section 611A.56, subdivision 2,
clause (f), for the purpose of processing claims for crime
victims reparations, or (6) as otherwise provided in this
subdivision. Except as provided in paragraph (c), no
photographs of a child taken into custody may be taken without
the consent of the juvenile court unless the child is alleged to
have violated section 169A.20. Peace officers' records
containing data about children who are victims of crimes or
witnesses to crimes must be administered consistent with section
13.82, subdivisions 2, 3, 4 6, and 10 17. Any person violating
any of the provisions of this subdivision shall be guilty of a
misdemeanor.
In the case of computerized records maintained about
juveniles by peace officers, the requirement of this subdivision
that records about juveniles must be kept separate from adult
records does not mean that a law enforcement agency must keep
its records concerning juveniles on a separate computer system.
Law enforcement agencies may keep juvenile records on the same
computer as adult records and may use a common index to access
both juvenile and adult records so long as the agency has in
place procedures that keep juvenile records in a separate place
in computer storage and that comply with the special data
retention and other requirements associated with protecting data
on juveniles.
(b) Nothing in this subdivision prohibits the exchange of
information by law enforcement agencies if the exchanged
information is pertinent and necessary for law enforcement
purposes.
(c) A photograph may be taken of a child taken into custody
pursuant to section 260B.175, subdivision 1, clause (b),
provided that the photograph must be destroyed when the child
reaches the age of 19 years. The commissioner of corrections
may photograph juveniles whose legal custody is transferred to
the commissioner. Photographs of juveniles authorized by this
paragraph may be used only for institution management purposes,
case supervision by parole agents, and to assist law enforcement
agencies to apprehend juvenile offenders. The commissioner
shall maintain photographs of juveniles in the same manner as
juvenile court records and names under this section.
(d) Traffic investigation reports are open to inspection by
a person who has sustained physical harm or economic loss as a
result of the traffic accident. Identifying information on
juveniles who are parties to traffic accidents may be disclosed
as authorized under section 13.82, subdivision 4, and accident
reports required under section 169.09 may be released under
section 169.09, subdivision 13, unless the information would
identify a juvenile who was taken into custody or who is
suspected of committing an offense that would be a crime if
committed by an adult, or would associate a juvenile with the
offense, and the offense is not an adult court traffic offense
under section 260B.225.
(e) A law enforcement agency shall notify the principal or
chief administrative officer of a juvenile's school of an
incident occurring within the agency's jurisdiction if:
(1) the agency has probable cause to believe that the
juvenile has committed an offense that would be a crime if
committed as an adult, that the victim of the offense is a
student or staff member of the school, and that notice to the
school is reasonably necessary for the protection of the victim;
or
(2) the agency has probable cause to believe that the
juvenile has committed an offense described in subdivision 3,
paragraph (a), clauses (1) to (3), that would be a crime if
committed by an adult, regardless of whether the victim is a
student or staff member of the school.
A law enforcement agency is not required to notify the
school under this paragraph if the agency determines that notice
would jeopardize an ongoing investigation. Notwithstanding
section 138.17, data from a notice received from a law
enforcement agency under this paragraph must be destroyed when
the juvenile graduates from the school or at the end of the
academic year when the juvenile reaches age 23, whichever date
is earlier. For purposes of this paragraph, "school" means a
public or private elementary, middle, or secondary school.
(f) In any county in which the county attorney operates or
authorizes the operation of a juvenile prepetition or pretrial
diversion program, a law enforcement agency or county attorney's
office may provide the juvenile diversion program with data
concerning a juvenile who is a participant in or is being
considered for participation in the program.
(g) Upon request of a local social services agency, peace
officer records of children who are or may be delinquent or who
may be engaged in criminal acts may be disseminated to the
agency to promote the best interests of the subject of the data.
(h) Upon written request, the prosecuting authority shall
release investigative data collected by a law enforcement agency
to the victim of a criminal act or alleged criminal act or to
the victim's legal representative, except as otherwise provided
by this paragraph. Data shall not be released if:
(1) the release to the individual subject of the data would
be prohibited under section 13.821; or
(2) the prosecuting authority reasonably believes:
(i) that the release of that data will interfere with the
investigation; or
(ii) that the request is prompted by a desire on the part
of the requester to engage in unlawful activities.
Sec. 61. Minnesota Statutes 2001 Supplement, section
268.052, subdivision 1, is amended to read:
Subdivision 1. [PAYMENTS.] In lieu of taxes payable on a
quarterly basis, the state of Minnesota or its political
subdivisions shall pay into the fund the amount of unemployment
benefits charged to its reimbursable account under section
268.047. Payments in the amount of unemployment benefits
charged to the reimbursable account during a calendar quarter
shall be made on or before the last day of the month following
the month that the notice of unemployment benefits paid is sent
pursuant to section 268.047, subdivision 6 5. Past due payments
in lieu of taxes shall be subject to the same interest charges
and collection procedures that apply to past due taxes.
Sec. 62. Minnesota Statutes 2001 Supplement, section
270.07, subdivision 3a, is amended to read:
Subd. 3a. [APPROPRIATION.] An amount sufficient for the
reissuance of rebate warrants authorized under this section
subdivision 3, paragraph (f), is appropriated to the
commissioner from the general fund.
Sec. 63. Minnesota Statutes 2000, section 270.708,
subdivision 1, is amended to read:
Subdivision 1. [COLLECTION OF LIABILITY.] Any money
realized by proceedings under this chapter, whether by seizure,
by surrender under section 270.70 (except pursuant to
subdivision 9 thereof), by sale of seized property, by sale of
property redeemed by the state of Minnesota (if the interest of
the state of Minnesota in the property was a lien arising under
the provisions of section 270.69), or by agreement, arrangement,
or any other means shall be applied as follows:
(a) First, against the expenses of the proceedings; then
(b) If the property seized and sold is subject to a tax
administered by the commissioner of revenue which has not been
paid, the amount remaining after applying clause (a) shall next
be applied against the tax liability (and, if the tax was not
previously assessed, it shall then be assessed); and
(c) The amount, if any, remaining after applying clauses
(a) and (b) shall be applied against the tax liability in
respect of which the levy was made or the sale was conducted.
Sec. 64. Minnesota Statutes 2000, section 270B.15, is
amended to read:
270B.15 [DISCLOSURE TO LEGISLATIVE AUDITOR.]
Returns and return information must be disclosed to the
legislative auditor to the extent necessary for the legislative
auditor to carry out sections 3.97 to 3.98 3.979.
Sec. 65. Minnesota Statutes 2001 Supplement, section
275.28, subdivision 1, is amended to read:
Subdivision 1. [AUDITOR TO MAKE.] The county auditor shall
make out the tax lists according to the prescribed form, and to
correspond with the assessment districts. The rate percent
necessary to raise the required amount of the various taxes
shall be calculated on the net tax capacity of property as
determined by the state board of equalization, but, in
calculating such rates, no rate shall be used resulting in a
fraction other than a decimal fraction, or less than a gross
local tax rate of .01 percent or a net local tax rate of .01
percent; and, in extending any tax, whenever it amounts to the
fractional part of a cent, it shall be made one cent. The tax
lists shall also be made out to correspond with the assessment
books in reference to ownership and description of property,
with columns for the valuation and for the various items of tax
included in the total amount of all taxes set down opposite each
description. The auditor shall enter both the state tax
determined under sections 275.02 and 275.025, and the local
taxes tax determined under sections section 275.08 and
275.083, on the tax lists. The total ad valorem property tax
for each description of property before credits is the sum of
the amounts of the various local taxes that apply to the parcel
plus the amount of any applicable state tax. Opposite each
description which has been sold for taxes, and which is subject
to redemption, but not redeemed, shall be placed the words "sold
for taxes." The amount of all special taxes shall be entered in
the proper columns, but the general taxes may be shown by
entering the rate percent of each tax at the head of the proper
columns, without extending the same, in which case a schedule of
the rates percent of such taxes shall be made on the first page
of each tax list. If the auditor fails to enter on any such
list before its delivery to the treasurer any tax levied, the
tax may be subsequently entered. The tax lists shall be deemed
completed, and all taxes extended thereon, as of January 1
annually.
Sec. 66. Minnesota Statutes 2001 Supplement, section
275.70, subdivision 5, is amended to read:
Subd. 5. [SPECIAL LEVIES.] "Special levies" means those
portions of ad valorem taxes levied by a local governmental unit
for the following purposes or in the following manner:
(1) to pay the costs of the principal and interest on
bonded indebtedness or to reimburse for the amount of liquor
store revenues used to pay the principal and interest due on
municipal liquor store bonds in the year preceding the year for
which the levy limit is calculated;
(2) to pay the costs of principal and interest on
certificates of indebtedness issued for any corporate purpose
except for the following:
(i) tax anticipation or aid anticipation certificates of
indebtedness;
(ii) certificates of indebtedness issued under sections
298.28 and 298.282;
(iii) certificates of indebtedness used to fund current
expenses or to pay the costs of extraordinary expenditures that
result from a public emergency; or
(iv) certificates of indebtedness used to fund an
insufficiency in tax receipts or an insufficiency in other
revenue sources;
(3) to provide for the bonded indebtedness portion of
payments made to another political subdivision of the state of
Minnesota;
(4) to fund payments made to the Minnesota state armory
building commission under section 193.145, subdivision 2, to
retire the principal and interest on armory construction bonds;
(5) property taxes approved by voters which are levied
against the referendum market value as provided under section
275.61;
(6) to fund matching requirements needed to qualify for
federal or state grants or programs to the extent that either
(i) the matching requirement exceeds the matching requirement in
calendar year 2001, or (ii) it is a new matching requirement
that didn't exist prior to 2002;
(7) to pay the expenses reasonably and necessarily incurred
in preparing for or repairing the effects of natural disaster
including the occurrence or threat of widespread or severe
damage, injury, or loss of life or property resulting from
natural causes, in accordance with standards formulated by the
emergency services division of the state department of public
safety, as allowed by the commissioner of revenue under section
275.74, paragraph (b) subdivision 2;
(8) pay amounts required to correct an error in the levy
certified to the county auditor by a city or county in a levy
year, but only to the extent that when added to the preceding
year's levy it is not in excess of an applicable statutory,
special law or charter limitation, or the limitation imposed on
the governmental subdivision by sections 275.70 to 275.74 in the
preceding levy year;
(9) to pay an abatement under section 469.1815;
(10) to pay any costs attributable to increases in the
employer contribution rates under chapter 353 that are effective
after June 30, 2001;
(11) to pay the operating or maintenance costs of a county
jail as authorized in section 641.01 or 641.262, or of a
correctional facility as defined in section 241.021, subdivision
1, paragraph (5), to the extent that the county can demonstrate
to the commissioner of revenue that the amount has been included
in the county budget as a direct result of a rule, minimum
requirement, minimum standard, or directive of the department of
corrections, or to pay the operating or maintenance costs of a
regional jail as authorized in section 641.262. For purposes of
this clause, a district court order is not a rule, minimum
requirement, minimum standard, or directive of the department of
corrections. If the county utilizes this special levy, any
amount levied by the county in the previous levy year for the
purposes specified under this clause and included in the
county's previous year's levy limitation computed under section
275.71, shall be deducted from the levy limit base under section
275.71, subdivision 2, when determining the county's current
year levy limitation. The county shall provide the necessary
information to the commissioner of revenue for making this
determination;
(12) to pay for operation of a lake improvement district,
as authorized under section 103B.555. If the county utilizes
this special levy, any amount levied by the county in the
previous levy year for the purposes specified under this clause
and included in the county's previous year's levy limitation
computed under section 275.71 shall be deducted from the levy
limit base under section 275.71, subdivision 2, when determining
the county's current year levy limitation. The county shall
provide the necessary information to the commissioner of revenue
for making this determination;
(13) to repay a state or federal loan used to fund the
direct or indirect required spending by the local government due
to a state or federal transportation project or other state or
federal capital project. This authority may only be used if the
project is not a local government initiative;
(14) for counties only, to pay the costs reasonably
expected to be incurred in 2002 related to the redistricting of
election districts and establishment of election precincts under
sections 204B.135 and 204B.14, the notice required by section
204B.14, subdivision 4, and the reassignment of voters in the
statewide registration system, not to exceed $1 per capita,
provided that the county shall distribute a portion of the
amount levied under this clause equal to 25 cents times the
population of the city to all cities in the county with a
population of 30,000 or more; and
(15) to pay for court administration costs as required
under section 273.1398, subdivision 4b; however, for taxes
levied to pay for these costs in the year in which the court
financing is transferred to the state, the amount under this
section is limited to one-third of the aid reduction under
section 273.1398, subdivision 4a.
Sec. 67. Minnesota Statutes 2001 Supplement, section
290A.03, subdivision 13, is amended to read:
Subd. 13. [PROPERTY TAXES PAYABLE.] "Property taxes
payable" means the property tax exclusive of special
assessments, penalties, and interest payable on a claimant's
homestead after deductions made under sections 273.135, 273.1382
273.1384, 273.1391, 273.42, subdivision 2, and any other state
paid property tax credits in any calendar year, and after any
refund claimed and allowable under section 290A.04, subdivision
2h, that is first payable in the year that the property tax is
payable. In the case of a claimant who makes ground lease
payments, "property taxes payable" includes the amount of the
payments directly attributable to the property taxes assessed
against the parcel on which the house is located. No
apportionment or reduction of the "property taxes payable" shall
be required for the use of a portion of the claimant's homestead
for a business purpose if the claimant does not deduct any
business depreciation expenses for the use of a portion of the
homestead in the determination of federal adjusted gross
income. For homesteads which are manufactured homes as defined
in section 273.125, subdivision 8, and for homesteads which are
park trailers taxed as manufactured homes under section 168.012,
subdivision 9, "property taxes payable" shall also include 19
percent of the gross rent paid in the preceding year for the
site on which the homestead is located. When a homestead is
owned by two or more persons as joint tenants or tenants in
common, such tenants shall determine between them which tenant
may claim the property taxes payable on the homestead. If they
are unable to agree, the matter shall be referred to the
commissioner of revenue whose decision shall be final. Property
taxes are considered payable in the year prescribed by law for
payment of the taxes.
In the case of a claim relating to "property taxes
payable," the claimant must have owned and occupied the
homestead on January 2 of the year in which the tax is payable
and (i) the property must have been classified as homestead
property pursuant to section 273.124, on or before December 15
of the assessment year to which the "property taxes payable"
relate; or (ii) the claimant must provide documentation from the
local assessor that application for homestead classification has
been made on or before December 15 of the year in which the
"property taxes payable" were payable and that the assessor has
approved the application.
Sec. 68. Minnesota Statutes 2001 Supplement, section
297A.668, subdivision 3, is amended to read:
Subd. 3. [DEFINITION OF TERMS.] For purposes of this
section, the terms "receive" and "receipt" mean taking
possession of tangible personal property, making first use of
services, or taking possession of or making first use of digital
goods, whichever occurs first. The terms receive and receipt do
not include possession by a carrier for hire on behalf of the
purchaser.
Sec. 69. Minnesota Statutes 2000, section 297B.035,
subdivision 3, is amended to read:
Subd. 3. [SALE IN VIOLATION OF LICENSING REQUIREMENT.]
Motor vehicles sold by a new motor vehicle dealer in
contravention of section 168.27, subdivision 10, paragraph (a),
clause (1)(ii), shall not be considered to have been acquired or
purchased for resale in the ordinary or regular course of
business for the purposes of this chapter, and the dealer shall
be required to pay the excise tax due on the purchase of those
vehicles. The sale by a lessor of a new motor vehicle under
lease within 120 days of the commencement of the lease is deemed
a sale in contravention of section 168.27, subdivision 10,
paragraph (a), clause (1)(ii), unless the lessor holds a valid
contract or franchise with the manufacturer or distributor of
the vehicle. Notwithstanding section 297B.11, the rights of a
dealer to appeal any amounts owed by the dealer under this
subdivision are governed exclusively by the hearing procedure
under section 168.27, subdivision 13.
Sec. 70. Minnesota Statutes 2000, section 297I.05,
subdivision 12, is amended to read:
Subd. 12. [OTHER ENTITIES.] (a) A tax is imposed equal to
two percent of:
(1) gross premiums less return premiums written for risks
resident or located in Minnesota by a risk retention group;
(2) gross premiums less return premiums received by an
attorney in fact acting in accordance with chapter 71A;
(3) gross premiums less return premiums received pursuant
to assigned risk policies and contracts of coverage under
chapter 79;
(4) the direct funded premium received by the reinsurance
association under section 79.34 from self-insurers approved
under section 176.181 and political subdivisions that
self-insure;
(5) gross premiums less return premiums received by a
nonprofit health service plan corporation authorized under
chapter 62C; and
(6) gross premiums less return premiums paid to an insurer
other than a licensed insurance company or a surplus lines
licensee for coverage of risks resident or located in Minnesota
by a purchasing group or any members of the purchasing group to
a broker or agent for the purchasing group.
(b) A tax is imposed on the state fund mutual insurance
company established under chapter 176A. The tax must be
computed in the same manner as mutual insurance companies under
subdivisions 1, 3, and 4.
(c) A tax is imposed on a joint self-insurance plan
operating under chapter 60F. The rate of tax is equal to two
percent of the total amount of claims paid during the fund year,
with no deduction for claims wholly or partially reimbursed
through stop-loss insurance.
(d) (c) A tax is imposed on a joint self-insurance plan
operating under chapter 62H. The rate of tax is equal to two
percent of the total amount of claims paid during the fund's
fiscal year, with no deduction for claims wholly or partially
reimbursed through stop-loss insurance.
(e) (d) A tax is imposed equal to the tax imposed under
section 297I.05, subdivision 5, on the gross premiums less
return premiums on all coverages received by an accountable
provider network or agents of an accountable provider network in
Minnesota, in cash or otherwise, during the year.
Sec. 71. Minnesota Statutes 2000, section 297I.30,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL RULE.] On or before March 1, every
insurer subject to taxation under section 297I.05, subdivisions
1 to 6, and 12, paragraphs (a), clauses (1) to (5), and (b), and
(e), shall file an annual return for the preceding calendar year
setting forth such information as the commissioner may
reasonably require on forms prescribed by the commissioner.
Sec. 72. Minnesota Statutes 2000, section 297I.30,
subdivision 5, is amended to read:
Subd. 5. [JOINT SELF-INSURANCE PLANS.] On or before 60
days following the conclusion of their fiscal year, a plan
subject to tax under section 297I.05, subdivision 12, paragraph
(c) (b) or (d) (c), shall file a return with the commissioner
for the preceding fiscal year setting forth any information the
commissioner reasonably requires on forms prescribed by the
commissioner.
Sec. 73. Minnesota Statutes 2000, section 299F.11,
subdivision 2, is amended to read:
Subd. 2. [AUCTION FOR SALVAGE MATERIAL.] In all cases
where the order of the court has not been complied with and the
state fire marshal is authorized to proceed with the demolition
of any building or structure, the state fire marshal shall sell
and dispose of the salvage materials therefrom at public auction
upon three days' posted notice and all expenses incurred by the
state fire marshal shall be paid out of the moneys received from
the auction of salvage material, and any deficit remaining
unpaid thereafter may be paid out of the funds created by and
provided for in section 299F.21. Should any surplus remain of
the amount received for salvage material, after deducting the
expenses incurred by the state fire marshal, this surplus shall
be paid to the treasurer of the county where the property was
situated to be distributed by the treasurer as provided by law.
Sec. 74. Minnesota Statutes 2001 Supplement, section
336.9-334, is amended to read:
336.9-334 [PRIORITY OF SECURITY INTERESTS IN FIXTURES AND
CROPS.]
(a) [SECURITY INTEREST IN FIXTURES UNDER THIS ARTICLE.] A
security interest under this article may be created in goods
that are fixtures or may continue in goods that become
fixtures. A security interest does not exist under this article
in ordinary building materials incorporated into an improvement
on land.
(b) [SECURITY INTEREST IN FIXTURES UNDER REAL PROPERTY
LAW.] This article does not prevent creation of an encumbrance
upon fixtures under real property law.
(c) [GENERAL RULE: SUBORDINATION OF SECURITY INTEREST IN
FIXTURES.] In cases not governed by subsections (d) through (h),
a security interest in fixtures is subordinate to a conflicting
interest of an encumbrancer or owner of the related real
property other than the debtor.
(d) [FIXTURES PURCHASE-MONEY PRIORITY.] Except as
otherwise provided in subsection (h), a perfected security
interest in fixtures has priority over a conflicting interest of
an encumbrancer or owner of the real property if the debtor has
an interest of record in or is in possession of the real
property and:
(1) the security interest is a purchase-money security
interest;
(2) the interest of the encumbrancer or owner arises before
the goods become fixtures; and
(3) the security interest is perfected by a fixture filing
before the goods become fixtures or within 20 days thereafter.
(e) [PRIORITY OF SECURITY INTEREST IN FIXTURES OVER
INTERESTS IN REAL PROPERTY.] A perfected security interest in
fixtures has priority over a conflicting interest of an
encumbrancer or owner of the real property if:
(1) the debtor has an interest of record in the real
property or is in possession of the real property and the
security interest:
(A) is perfected by a fixture filing before the interest of
the encumbrancer or owner is of record; and
(B) has priority over any conflicting interest of a
predecessor in title of the encumbrancer or owner;
(2) before the goods become fixtures, the security interest
is perfected by any method permitted by this article and the
fixtures are readily removable:
(A) factory or office machines;
(B) equipment that is not primarily used or leased for use
in the operation of the real property; or
(C) replacements of domestic appliances that are consumer
goods;
(3) the conflicting interest is a lien on the real property
obtained by legal or equitable proceedings after the security
interest was perfected by any method permitted by this article;
or
(4) the security interest is:
(A) created in a manufactured home in a manufactured home
transaction; and
(B) perfected pursuant to a statute described in section
336.9-311(a)(2).
(f) [PRIORITY BASED ON CONSENT, DISCLAIMER, OR RIGHT TO
REMOVE.] A security interest in fixtures, whether or not
perfected, has priority over a conflicting interest of an
encumbrancer or owner of the real property if:
(1) the encumbrancer or owner has, in an authenticated
record, consented to the security interest or disclaimed an
interest in the goods as fixtures; or
(2) the debtor has a right to remove the goods as against
the encumbrancer or owner.
(g) [CONTINUATION OF PARAGRAPH (F)(2) PRIORITY.] The
priority of the security interest under paragraph (f)(2)
continues for a reasonable time if the debtor's right to remove
the goods as against the encumbrancer or owner terminates.
(h) [PRIORITY OF CONSTRUCTION MORTGAGE.] A mortgage is a
construction mortgage to the extent that it secures an
obligation incurred for the construction of an improvement on
land, including the acquisition cost of the land, if a recorded
record of the mortgage so indicates. Except as otherwise
provided in subsections (e) and (f), a security interest in
fixtures is subordinate to a construction mortgage if a record
of the mortgage is recorded before the goods become fixtures and
the goods become fixtures before the completion of the
construction. A mortgage has this priority to the same extent
as a construction mortgage to the extent that it is given to
refinance a construction mortgage.
(i) [PRIORITY OF SECURITY INTEREST IN CROPS.] A perfected
security interest in crops growing on real property has priority
over a conflicting interest of an encumbrancer or owner of the
real property except a perfected landlord's lien if the debtor
has an interest of record in or is in possession of the real
property.
(j) [SUBSECTION (I) PREVAILS.] Subsection (i) prevails
over any inconsistent provisions of the following statutes:
(1) section 557.12; and
(2) section 559.2091.
Sec. 75. Minnesota Statutes 2000, section 349.163,
subdivision 6, is amended to read:
Subd. 6. [SAMPLES OF GAMBLING EQUIPMENT.] The board shall
require each licensed manufacturer to submit to the board one or
more samples of each item of gambling equipment the manufacturer
manufactures for use or resale in this state. The board shall
inspect and test all the equipment it deems necessary to
determine the equipment's compliance with law and board rules.
Samples required under this subdivision must be approved by the
board before the equipment being sampled is shipped into or sold
for use or resale in this state. The board may request the
assistance of the commissioner of public safety and the director
of the state lottery board in performing the tests.
Sec. 76. Minnesota Statutes 2000, section 349A.10,
subdivision 5, is amended to read:
Subd. 5. [DEPOSIT OF NET PROCEEDS.] Within 30 days after
the end of each month, the director shall deposit in the state
treasury the net proceeds of the lottery, which is the balance
in the lottery fund after transfers to the lottery prize fund
and credits to the lottery operations account. Of the net
proceeds, 40 percent must be credited to the Minnesota
environment and natural resources trust fund, and during any
period in which bonds are issued and outstanding under section
16A.67, the remainder must be credited to the special revenue
fund created in section 16A.67, subdivision 3, provided that if
bonds are not issued and outstanding under section 16A.67, such
remainder must be credited to the general fund. Money credited
to the special revenue fund must be transferred to the debt
service fund established in section 16A.67, subdivision 4, at
the times and in the amounts determined by the commissioner of
finance to be necessary to provide for the payment and security
of bonds issued pursuant to section 16A.67. On or before the
tenth day of each month, any money in the special revenue fund
not required to be transferred to the debt service fund must be
transferred to the general fund.
Sec. 77. Minnesota Statutes 2000, section 352D.02,
subdivision 1, is amended to read:
Subdivision 1. [COVERAGE.] (a) Employees enumerated in
paragraph (c), clauses (2), (3), (4), and (6) to (14), if they
are in the unclassified service of the state or metropolitan
council and are eligible for coverage under the general state
employees retirement plan under chapter 352, are participants in
the unclassified plan under this chapter unless the employee
gives notice to the executive director of the Minnesota state
retirement system within one year following the commencement of
employment in the unclassified service that the employee desires
coverage under the general state employees retirement plan. For
the purposes of this chapter, an employee who does not file
notice with the executive director is deemed to have exercised
the option to participate in the unclassified plan.
(b) Persons referenced in paragraph (c), clauses (1) and
(5), are participants in the unclassified program under this
chapter unless the person is eligible to elect different
coverage under section 3A.07 or 352C.011 and, after July 1,
1998, elects retirement coverage by the applicable alternative
retirement plan. Persons referenced in paragraph (c), clause
(15), are participants in the unclassified program under this
chapter for judicial employment in excess of the service credit
limit in section 490.121, subdivision 22.
(c) Enumerated employees and referenced persons are:
(1) the governor, the lieutenant governor, the secretary of
state, the state auditor, the state treasurer, and the attorney
general;
(2) an employee in the office of the governor, lieutenant
governor, secretary of state, state auditor, state treasurer,
attorney general;
(3) an employee of the state board of investment;
(4) the head of a department, division, or agency created
by statute in the unclassified service, an acting department
head subsequently appointed to the position, or an employee
enumerated in section 15A.0815 or 15A.083, subdivision 4;
(5) a member of the legislature;
(6) a full-time unclassified employee of the legislature or
a commission or agency of the legislature who is appointed
without a limit on the duration of the employment or a temporary
legislative employee having shares in the supplemental
retirement fund as a result of former employment covered by this
chapter, whether or not eligible for coverage under the
Minnesota state retirement system;
(7) a person who is employed in a position established
under section 43A.08, subdivision 1, clause (3), or in a
position authorized under a statute creating or establishing a
department or agency of the state, which is at the deputy or
assistant head of department or agency or director level;
(8) the regional administrator, or executive director of
the metropolitan council, general counsel, division directors,
operations managers, and other positions as designated by the
council, all of which may not exceed 27 positions at the council
and the chair;
(9) the executive director, associate executive director,
and not to exceed nine positions of the higher education
services office in the unclassified service, as designated by
the higher education services office before January 1, 1992, or
subsequently redesignated with the approval of the board of
directors of the Minnesota state retirement system, unless the
person has elected coverage by the individual retirement account
plan under chapter 354B;
(10) the clerk of the appellate courts appointed under
article VI, section 2, of the Constitution of the state of
Minnesota;
(11) the chief executive officers of correctional
facilities operated by the department of corrections and of
hospitals and nursing homes operated by the department of human
services;
(12) an employee whose principal employment is at the state
ceremonial house;
(13) an employee of the Minnesota educational computing
corporation;
(14) an employee of the state lottery board who is covered
by the managerial plan established under section 43A.18,
subdivision 3; and
(15) a judge who has exceeded the service credit limit in
section 490.121, subdivision 22.
Sec. 78. Minnesota Statutes 2001 Supplement, section
356.62, is amended to read:
356.62 [PAYMENT OF EMPLOYEE CONTRIBUTION.]
For purposes of any public pension plan, as defined in
section 365.615 356.615, 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. 79. Minnesota Statutes 2001 Supplement, section
376.08, subdivision 2, is amended to read:
Subd. 2. [HOSPITAL REMODELING OR ADDITIONS; FINANCING.] A
county hospital may by majority vote of its board of
commissioners, or if the hospital has been leased to another
entity under section 376.06, subdivision 1, or 447.47, by
majority vote of the board of directors of that entity, enter
into projects for the construction of an addition or remodeling
to its presently existing facility or the acquisition of
equipment as described in this subdivision without complying
with the dollar limitation of subdivision 1 or the election
requirements of section 376.03. This subdivision applies to
projects in which the funds for the project are derived from
dedicated, restricted, or other designated accounts, from the
hospital's depreciation fund, or from the issuance of bonds
authorized under other law. An addition to a current hospital
under this subdivision may include construction of buildings
physically separate from the present hospital building, as well
as additions to the present building, if the new buildings are
constructed on the hospital's existing premises.
This subdivision does not affect the ability of the
hospital board to approve funds for improvements or remodeling
of a hospital facility under other law.
Sec. 80. Minnesota Statutes 2000, section 383C.19, is
amended to read:
383C.19 [EMERGENCY JOBS PROGRAM.]
St. Louis county may establish an emergency employment
program to meet the needs of its unemployed residents. The
county board of commissioners shall establish rules governing
the operation of the employment program. Rules shall include
but not be limited to number of hours worked, wages, benefits,
and methods and terms of payment. Limits imposed by civil
service rules shall not apply to an emergency jobs program
established under the authority of this section. Service in a
St. Louis county emergency jobs program shall not constitute
employment under chapter 268 but shall come within the exclusion
established in section 268.04 268.035, subdivision 12 20, clause
(10)(d), and St. Louis county shall not be liable for
contributions to the unemployment insurance program trust fund
for participants of an emergency jobs program.
Sec. 81. Minnesota Statutes 2000, section 401.05,
subdivision 3, is amended to read:
Subd. 3. [LEASING.] (a) A county or joint powers board of
a group of counties which acquires or constructs and equips or
improves facilities under this chapter may, with the approval of
the board of county commissioners of each county, enter into a
lease agreement with a city situated within any of the counties,
or a county housing and redevelopment authority established
under chapter 469 or any special law. Under the lease
agreement, the city or county housing and redevelopment
authority shall:
(1) construct or acquire and equip or improve a facility in
accordance with plans prepared by or at the request of a county
or joint powers board of the group of counties and approved by
the commissioner of corrections; and
(2) finance the facility by the issuance of revenue bonds.
(b) The county or joint powers board of a group of counties
may lease the facility site, improvements, and equipment for a
term upon rental sufficient to produce revenue for the prompt
payment of the revenue bonds and all interest accruing on them.
Upon completion of payment, the lessee shall acquire title. The
real and personal property acquired for the facility constitutes
a project and the lease agreement constitutes a revenue
agreement as provided in sections 469.152 to 469.165. All
proceedings by the city or county housing and redevelopment
authority and the county or joint powers board shall be as
provided in sections 469.152 to 469.165, with the following
adjustments:
(1) no tax may be imposed upon the property;
(2) the approval of the project by the commissioner of
trade and economic development is not required;
(3) the department of corrections shall be furnished and
shall record information concerning each project as it may
prescribe, in lieu of reports required on other projects to the
commissioner of trade and economic development or the energy and
economic development authority;
(4) the rentals required to be paid under the lease
agreement shall not exceed in any year one-tenth of one percent
of the market value of property within the county or group of
counties as last equalized before the execution of the lease
agreement;
(5) the county or group of counties shall provide for
payment of all rentals due during the term of the lease
agreement in the manner required in subdivision 4;
(6) no mortgage on the facilities shall be granted for the
security of the bonds, but compliance with clause (5) may be
enforced as a nondiscretionary duty of the county or group of
counties; and
(7) the county or the joint powers board of the group of
counties may sublease any part of the facilities for purposes
consistent with their maintenance and operation.
Sec. 82. Minnesota Statutes 2000, section 437.08, is
amended to read:
437.08 [LICENSES OR PERMITS VOID.]
Any license, permit, or other grant of authority issued or
made in violation of the provisions of sections 437.07 to 437.11
437.10 shall be absolutely null and void.
Sec. 83. Minnesota Statutes 2000, section 437.09, is
amended to read:
437.09 [SHOWS PROHIBITED WITHOUT LICENSE.]
No person, firm, copartnership, corporation, or association
of any nature or kind shall operate or attempt to operate or
carry on any itinerant carnival, street show, street fair,
sideshow, circus, or any similar enterprise within one mile of
the corporate limits of any city of the fourth class in this
state without license or permit so to do lawfully granted under
the restrictions provided in sections 437.07 to 437.11 437.10.
Any person violating any of the provisions of this section
shall be guilty of a misdemeanor; and any such enterprise
operated without license or permit as herein prescribed is
hereby declared to be a public nuisance.
Sec. 84. Minnesota Statutes 2000, section 437.10, is
amended to read:
437.10 [DEFINITION.]
An itinerant carnival, street show, street fair, sideshow,
circus, or other similar enterprise, within the meaning of
sections 437.07 to 437.11 437.10, is any itinerant carnival,
street show, street fair, sideshow, circus, or other similar
enterprise, which is held, operated, or carried on in the open
or indoors or upon or within any public or private ground, at
which there congregates and assembles, with or without the
payment of an admission fee, a promiscuous gathering of people
as spectators or otherwise.
Sec. 85. Minnesota Statutes 2000, section 458D.02,
subdivision 2, is amended to read:
Subd. 2. [WESTERN LAKE SUPERIOR SANITARY DISTRICT.]
"Western Lake Superior Sanitary District" and "district" mean
the area over which the sanitary sewer board has jurisdiction
which shall include the area now comprised of the city of
Cloquet, the cities of Carlton, Scanlon, Thomson and Wrenshall,
and the townships of Knife Falls, Silver Brook, Thomson, and
Twin Lakes in the county of Carlton; the city of Duluth, the
city of Proctor, and the townships of Canosia, Duluth, Grand
Lake, Herman, Lakewood, Midway, Rice Lake and Solway in the
county of St. Louis; other territory included in the district
pursuant to section 458D.22; and any waters of the state
adjacent thereto.
Sec. 86. Minnesota Statutes 2000, section 458D.02,
subdivision 3, is amended to read:
Subd. 3. [SANITARY SEWER BOARD.] "Sanitary sewer board" or
"board" means the sanitary sewer board established for the
Western Lake Superior Sanitary District as provided in section
458D.03.
Sec. 87. Minnesota Statutes 2000, section 458D.23, is
amended to read:
458D.23 [PROPERTY EXEMPT FROM TAXATION.]
Any properties, real or personal, owned, leased,
controlled, used, or occupied by the sanitary sewer board for
any purpose under sections 458D.01 to 458D.24 are declared to be
acquired, owned, leased, controlled, used and occupied for
public, governmental, and municipal purposes, and shall be
exempt from taxation by the state or any political subdivision
of the state, except to the extent that the property is subject
to the sales and use tax under chapter 297A, provided that such
properties shall be subject to special assessments levied by a
political subdivision for a local improvement in amounts
proportionate to and not exceeding the special benefit received
by the properties from such improvement. No possible use of any
such properties in any manner different from their use as part
of a disposal system at the time shall be considered in
determining the special benefit received by such properties.
All such assessments shall be subject to final approval by the
board, whose determination of the benefits shall be conclusive
upon the political subdivision levying the assessment. All
bonds, certificates of indebtedness or other obligations of the
board, and the interest thereon, shall be exempt from taxation
by the state or any political subdivision of the state.
Sec. 88. Minnesota Statutes 2000, section 469.110,
subdivision 2, is amended to read:
Subd. 2. [AUTHORITY DEPARTMENT.] "Authority Department"
means the energy and department of trade and economic
development authority.
Sec. 89. Minnesota Statutes 2000, section 469.116,
subdivision 7, is amended to read:
Subd. 7. [INVESTMENT IN BONDS.] Subject to the approval of
the state agency, the bonds of a local agency may be declared
securities in which all public officers and bodies of the state
and of its municipal subdivisions, all insurance companies and
associations, all savings banks and savings institutions,
including savings associations, executors, administrators,
guardians, trustees, and all other fiduciaries in the state may
properly and legally invest the funds within their control.
Each mortgage or issue of bonds shall relate only to a single
specified project, and those bonds shall be secured by a
mortgage upon all the real property of which the projects
consist and shall be first lien bonds, secured by a mortgage not
exceeding 80 percent of the estimated cost prior to the
completion of the project, or 80 percent of the appraised value
or actual cost, but in no event in excess of 80 percent of the
actual cost, after that completion, as certified by the
authority department.
Sec. 90. Minnesota Statutes 2000, section 469.118,
subdivision 1, is amended to read:
Subdivision 1. [CONDITIONS FOR MAKING.] When it has been
determined by the authority department upon application of a
local agency that the establishment of a particular
redevelopment project in a redevelopment area has accomplished
or will accomplish the public purposes of sections 469.109 to
469.123, the authority department may contract to loan the local
agency an amount not in excess of 20 percent of the cost or
estimated cost of the redevelopment project, subject to the
following conditions:
(a) In the case of a redevelopment project to be
established,
(1) the authority department shall have first determined
that the local agency holds funds in an amount equal to, or
property of a value equal to not less than, ten percent of the
estimated cost of establishing the redevelopment project, which
funds or property are available for and shall be applied to the
establishment of the project. If a public facility within the
redevelopment area has been or may be constructed and will
benefit a redevelopment project, the imputed value of the
benefit of the facility to the redevelopment project may be
determined and the estimated cost thereof credited to the local
agency for the purpose of satisfying the requirements of this
subparagraph. For purposes of this section, a public facility
includes utility installations, street improvements, public
buildings, parks, playgrounds, schools, recreational buildings,
and parking facilities;
(2) the authority department shall have also determined
that the local agency has obtained from other sources, by gift,
grant, or loan from private or other state or federal sources, a
firm commitment for all other funds, over and above the loan of
the state agency, and such funds or property as the
redevelopment agency may hold, necessary for payment of all the
estimated cost of establishing the redevelopment project, and
that the sum of all these funds, together with the machinery and
equipment to be provided by the owner or operator of the
redevelopment project is adequate to ensure completion and
operation of the plant, enterprise, or facility.
(b) In the case of a redevelopment project established
without initial state or local agency participation,
(1) the state agency shall have first determined that the
local or area redevelopment agency has expended funds in an
amount equal to, or has applied property of a value equal to,
not less than ten percent of the cost of establishing the
redevelopment project. If a public facility within the
redevelopment area has been or may be constructed and will
benefit a redevelopment project, the imputed value of the
benefit of the facility to the redevelopment project may be
determined and the estimated cost thereof credited to the local
agency for the purpose of satisfying the requirements of this
subparagraph;
(2) the authority department shall have also determined
that the local agency has obtained from other public or private
sources other funds necessary for payment of all the cost of
establishing the redevelopment project, and that the local
agency participation and these funds, together with the
machinery and equipment provided by the owner or operator of the
redevelopment project has been adequate to ensure completion and
operation of the plant, enterprise, or facility. The proceeds
of any loan made by the authority department to a local agency
pursuant to this paragraph shall be used only for the
establishment of additional redevelopment projects in
furtherance of the public purposes of sections 469.109 to
469.123.
Sec. 91. Minnesota Statutes 2000, section 469.118,
subdivision 2, is amended to read:
Subd. 2. [TERMS.] Any such loan of the authority
department shall be for the period of time and shall bear
interest at the rate determined by the authority department. It
may be secured by a mortgage on the redevelopment project for
which the loan was made. The mortgage may be second and
subordinate only to the mortgage securing the first lien
obligation, if any, issued to secure the commitment of funds
from a private or public source and used in the financing of the
redevelopment project.
Sec. 92. Minnesota Statutes 2000, section 469.118,
subdivision 4, is amended to read:
Subd. 4. [DEPOSIT OF PAYMENTS.] All payments of interest
on the loans and repayments of principal shall be deposited by
the authority department in the Minnesota account and shall be
available to be applied and reapplied to carry out the purposes
of sections 469.109 to 469.123.
Sec. 93. Minnesota Statutes 2000, section 469.119,
subdivision 1, is amended to read:
Subdivision 1. [APPLICATION CONTENTS.] Prior to the
loaning of any funds for a redevelopment project in a
redevelopment area the local agency shall receive from the
applicant and, in the case of authority department
participation, shall forward to the state agency a loan
application. The application shall be in the form adopted by
the local agency, and shall contain among other things the
following information:
(1) a general description of the redevelopment project and
of the industrial, recreational, commercial, or manufacturing
enterprise for which the project has been or is to be
established;
(2) a legal description of all real estate necessary for
the project;
(3) plans and other documents as may be required to show
the type, structure, and general character of the redevelopment
project;
(4) a general description of the type, classes, and number
of employees employed or to be employed in the operation of the
redevelopment project; and
(5) cost or estimates of cost of establishing the
redevelopment project.
Sec. 94. Minnesota Statutes 2000, section 469.122, is
amended to read:
469.122 [LIMITATION OF POWERS.]
The state pledges to the United States or any agency
thereof that if any federal agency shall construct, loan, or
contribute any funds for the construction, extension,
improvement, or enlargement of any redevelopment project, or any
portion thereof, the state will not alter or limit the rights
and powers of the authority department or the local agency in
any manner inconsistent with the performance of any agreements
between the authority department or the local agency and any
such federal agency. The authority department and the local
agency shall continue to have all powers herein granted, so long
as the same shall be necessary or desirable for the carrying out
of the purposes of these sections.
Sec. 95. Minnesota Statutes 2000, section 469.154,
subdivision 5, is amended to read:
Subd. 5. [INFORMATION TO ENERGY TRADE AND ECONOMIC
DEVELOPMENT AUTHORITY DEPARTMENT.] Each municipality and
redevelopment agency upon entering into a revenue agreement,
except one pertaining to a project referred to in section
469.153, subdivision 2, paragraph (g) or (j), shall furnish
the energy trade and economic development authority department
on forms the authority department prescribes the following
information concerning the project: The name of the contracting
party, the nature of the enterprise, the location, approximate
number of employees, the general terms and nature of the revenue
agreement, the amount of bonds or notes issued, and other
information the energy trade and economic development
authority department deems advisable. The energy trade and
economic development authority department shall keep a record of
the information which shall be available to the public at times
the authority department prescribes.
Sec. 96. Minnesota Statutes 2000, section 471.415,
subdivision 2, is amended to read:
Subd. 2. [AFFIDAVIT FILED BEFORE WARRANT ISSUES.] A
duplicate for a lost or destroyed order or warrant shall not
issue until there shall have been filed with the proper officer
an affidavit of the owner thereof setting forth the ownership of
the order or warrant, the description thereof, and the manner of
its loss or destruction, and until there shall have been
executed and filed with the same officer an indemnifying bond,
with sureties to be approved by such officer, in a sum equal to
the amount of such order or warrant, conditioned that the
parties thereto shall pay all damages which the county, city,
town, or school district may sustain if compelled to pay such
loss lost or destroyed order or warrant. The governing body of
any county, city, town, or school district may in its discretion
dispense with the requirement of an indemnifying bond.
Sec. 97. Minnesota Statutes 2001 Supplement, section
501B.60, subdivision 3, is amended to read:
Subd. 3. [STANDARDS FOR EXERCISE.] In exercising a power
to adjust under section 501B.70 501B.705 or a discretionary
power of administration regarding a matter within the scope of
sections 501B.59 to 501B.76, a fiduciary shall administer the
trust or estate impartially, based on what is fair and
reasonable to all of the beneficiaries, except to the extent
that the terms of the trust or the will clearly manifest an
intention that the fiduciary shall or may favor one or more of
the beneficiaries. A determination in accordance with sections
501B.59 to 501B.76 is presumed to be fair and reasonable to all
of the beneficiaries.
Sec. 98. Minnesota Statutes 2000, section 501B.61, as
amended by Laws 2001, chapter 15, section 4, is amended to read:
501B.61 [INCOME; PRINCIPAL; CHARGES.]
Subdivision 1. [INCOME DEFINED.] "Income" means the return
in money or property derived from the use of principal,
including return received as:
(1) rent of real or personal property, including sums
received for cancellation or renewal of a lease;
(2) interest on money lent, including sums received as
consideration for the privilege of prepayment of principal,
except as provided in section 501B.65 on bond premium and bond
discount;
(3) income earned during administration of a decedent's
estate as provided in section 501B.63;
(4) corporate distributions as provided in section 501B.64;
(5) accrued increment on bonds or other obligations issued
at discount as provided in section 501B.65;
(6) receipts from business and farming operations as
provided in section 501B.66 501B.665;
(7) receipts from disposition of natural resources as
provided in sections 501B.67 and 501B.68; and
(8) receipts from other principal subject to depletion as
provided in section 501B.69; and
(9) receipts from disposition of underproductive property
as provided in section 501B.70.
Subd. 2. [PRINCIPAL DEFINED.] "Principal" means the
property set aside by the owner or the person legally empowered
so that it is held in trust eventually to be delivered to a
remainderperson while the return or use of the principal is in
the meantime taken or received by or held for accumulation for
an income beneficiary. Principal includes:
(1) consideration received by the trustee on the sale or
other transfer of principal, on repayment of a loan, or as a
refund, replacement, or change in the form of principal;
(2) proceeds of property taken on eminent domain
proceedings;
(3) proceeds of insurance on property forming part of the
principal, except proceeds of insurance on a separate interest
of an income beneficiary;
(4) stock dividends, receipts on liquidation of a
corporation, and other corporate distributions as provided in
section 501B.64;
(5) receipts from the disposition of corporate securities
as provided in section 501B.65;
(6) royalties and other receipts from disposition of
natural resources as provided in sections 501B.67 and 501B.68;
(7) receipts from other principal subject to depletion as
provided in section 501B.69;
(8) profit resulting from a change in the form of
principal, except as provided in section 501B.70 on
underproductive property;
(9) receipts from disposition of underproductive property
as provided in section 501B.70;
(10) allowances for depreciation established under sections
501B.66 501B.665 and 501B.71, subdivision 1, clause (2); and
(11) (10) gain or loss, including the purchase premium, if
any, from the grant of an option to buy or sell property of the
trust, whether or not the trust owns the property when the
option is granted.
Subd. 3. [CHARGES.] After determining income and principal
in accordance with the terms of the trust instrument or of
sections 501B.59 to 501B.76, the trustee shall charge to income
or principal expenses and other charges as provided in section
501B.71.
Sec. 99. Minnesota Statutes 2001 Supplement, section
514.661, subdivision 5, is amended to read:
Subd. 5. [PRIORITY.] (a) A perfected lien has priority
over all other liens and security interests in crops produced by
the debtor during the calendar year in which the mediation
occurs except for a perfected landlord's lien under section
514.960.
(b) An unperfected lien has the priority of an unperfected
security interest under sections 336.9-317 and 336.9-322.
Sec. 100. Minnesota Statutes 2000, section 514.94, is
amended to read:
514.94 [RIGHTS OF DETAINER, LIEN AND SALE OF ANIMALS.]
Nothing in sections 514.92 to 514.94 this section or
section 514.93 shall in any way alter or revoke a veterinarian's
rights of detainer, lien and sale of animals under sections
514.18 to 514.22.
Sec. 101. Minnesota Statutes 2000, section 524.2-301, is
amended to read:
524.2-301 [ENTITLEMENT OF SPOUSE; PREMARITAL WILL.]
(a) A testator's surviving spouse, who married the testator
after the testator's will was executed, is entitled to receive,
as an intestate share, no less than the value of the share of
the estate the surviving spouse would have received if the
testator had died intestate as to that portion of the testator's
estate, if any, that neither is devised to a child of the
testator who was born before the testator married the surviving
spouse and who is not a child of the surviving spouse nor is
devised to a descendant of such a child or passes under section
524.2-603 524.2-6031 or 524.2-604 to such a child or to a
descendant of such a child, unless:
(1) it appears from the will or other evidence that the
will was made in contemplation of the testator's marriage to the
surviving spouse;
(2) the will expresses the intention that it is to be
effective notwithstanding any subsequent marriage; or
(3) the testator provided for the spouse by transfer
outside the will and the intent that the transfer be in lieu of
a testamentary provision is shown by the testator's statements
or is reasonably inferred from the amount of the transfer or
other evidence.
(b) In satisfying the share provided by this section,
devises made by the will to the testator's surviving spouse, if
any, are applied first, and other devises, other than a devise
to a child of the testator who was born before the testator
married the surviving spouse and who is not a child of the
surviving spouse or a devise or substitute gift under section
524.2-603 524.2-6031 or 524.2-604 to a descendant of such a
child, abate as provided in section 524.3-902.
Sec. 102. Minnesota Statutes 2000, section 524.2-604, is
amended to read:
524.2-604 [FAILURE OF TESTAMENTARY PROVISION.]
(a) Except as provided in section 524.2-603 524.2-6031, a
devise, other than a residuary devise, that fails for any reason
becomes a part of the residue.
(b) Except as provided in section 524.2-603 524.2-6031, if
the residue is devised to two or more persons, the share of a
residuary devisee that fails for any reason passes to the other
residuary devisee, or to other residuary devisees in proportion
to the interest of each in the remaining part of the residue.
Sec. 103. Minnesota Statutes 2000, section 524.2-609, is
amended to read:
524.2-609 [ADEMPTION BY SATISFACTION.]
(a) Property a testator, while living, gave to a person is
treated as a satisfaction of a devise in whole or in part, only
if (i) the will provides for deduction of the gift, (ii) the
testator declared in a contemporaneous writing that the gift is
in satisfaction of the devise or that its value is to be
deducted from the value of the devise, or (iii) the devisee
acknowledged in writing that the gift is in satisfaction of the
devise or that its value is to be deducted from the value of the
devise.
(b) For purposes of partial satisfaction, property given
during lifetime is valued as of the time the devisee came into
possession or enjoyment of the property or at the testator's
death, whichever occurs first.
(c) If the devisee fails to survive the testator, the gift
is treated as a full or partial satisfaction of the devise, as
appropriate, in applying sections 524.2-603 524.2-6031 and
524.2-604, unless the testator's contemporaneous writing
provides otherwise.
Sec. 104. Minnesota Statutes 2000, section 583.24,
subdivision 4, is amended to read:
Subd. 4. [DEBTS.] The Farmer-Lender Mediation Act does not
apply to a debt:
(1) for which a proof of claim form has been filed in
bankruptcy by a creditor or that was listed as a scheduled debt,
of a debtor who has filed a petition in bankruptcy after July 1,
1987, under United States Code, title 11, chapter 7, 11, 12, or
13;
(2) if the debt was in default when the creditor received a
mediation proceeding notice under the Farmer-Lender Mediation
Act and the creditor filed a claim form, the debt was mediated
during the mediation period under section 583.26, subdivision 8,
and (i) the mediation was unresolved; or (ii) a mediation
agreement with respect to that debt was signed;
(3) for which the creditor has served a mediation notice,
the debtor has failed to make a timely request for mediation,
and within 60 days after the debtor failed to make a timely
request the creditor began a proceeding to enforce the debt
against the agricultural property of the debtor;
(4) for which a creditor has received a mediation
proceeding notice and the creditor and debtor have restructured
the debt and have signed a separate mediation agreement with
respect to that debt; or
(5) for which there is a lien for rental value of farm
machinery under section 514.661 or a lien for rental value
relating to a contract for deed subject to the Farmer-Lender
Mediation Act under section 559.2091.
Sec. 105. Minnesota Statutes 2000, section 609.26,
subdivision 5, is amended to read:
Subd. 5. [DISMISSAL OF CHARGE.] A felony charge brought
under this section shall be dismissed if:
(a) the person voluntarily returns the child within 48
hours after taking, detaining, or failing to return the child in
violation of this section; or
(b)(1) the person taking the action and the child have not
left the state of Minnesota; and (2) within a period of seven
days after taking the action, (i) a motion or proceeding under
chapter 518, 518A, 518B, or 518C, or 518D is commenced by the
person taking the action, or (ii) the attorney representing the
person taking the action has consented to service of process by
the party whose rights are being deprived, for any motion or
action pursuant to chapter 518, 518A, 518B, or 518C.
Clause (a) does not apply if the person returns the child
as a result of being located by law enforcement authorities.
This subdivision does not prohibit the filing of felony
charges or an offense report before the expiration of the 48
hours.
Sec. 106. Minnesota Statutes 2000, section 609.341,
subdivision 17, is amended to read:
Subd. 17. "Psychotherapist" means a person who is or
purports to be a physician, psychologist, nurse, chemical
dependency counselor, social worker, marriage and family
counselor therapist, or other mental health service provider; or
any other person, whether or not licensed by the state, who
performs or purports to perform psychotherapy.
Sec. 107. Minnesota Statutes 2001 Supplement, section
626.556, subdivision 11, is amended to read:
Subd. 11. [RECORDS.] (a) Except as provided in paragraph
(b) or (d) 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. All
records concerning determinations of maltreatment by a facility
are nonpublic data as maintained by the department of children,
families, and learning, 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, 8, and 9, and 14, 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.
(c) The commissioner of children, families, and learning
must be provided with all requested data that are relevant to a
report of maltreatment and are in possession of a school
facility as defined in subdivision 2, paragraph (f), when the
data is requested pursuant to an assessment or investigation of
a maltreatment report of a student in a school. If the
commissioner of children, families, and learning makes a
determination of maltreatment involving an individual performing
work within a school facility who is licensed by a board or
other agency, the commissioner shall provide necessary and
relevant information to the licensing entity to enable the
entity to fulfill its statutory duties. Notwithstanding section
13.03, subdivision 4, data received by a licensing entity under
this paragraph are governed by section 13.41 or other applicable
law governing data of the receiving entity, except that this
section applies to the classification of and access to data on
the reporter of the maltreatment.
(d) The investigating agency shall exchange not public data
with the child maltreatment review panel under section 256.022
if the data are pertinent and necessary for a review requested
under section 256.022. Upon completion of the review, the not
public data received by the review panel must be returned to the
investigating agency.
Sec. 108. Laws 1995, chapter 220, section 141, is amended
to read:
Sec. 141. [REPEALER.]
(a) Minnesota Statutes 1994, sections 97B.301, subdivision
5; 115B.26, subdivision 1; 239.791, subdivisions 4, 5, 6, and 9;
325E.0951, subdivision 5; and Laws 1993, chapter 172, section
10, are repealed.
(b) Sections 78 to 87 are repealed.
(c) Minnesota Statutes 1994, sections 28A.08, subdivision
2; and 446A.071, subdivision 7, are repealed.
(d) (c) Minnesota Statutes 1994, sections 41A.09,
subdivisions 2, 3, and 5; 97A.531, subdivisions 2, 3, 4, 5, and
6; and 296.02, subdivision 7, are repealed.
Sec. 109. Laws 1995, chapter 220, section 142, as amended
by Laws 1995, chapter 263, section 12, Laws 1996, chapter 351,
section 1, Laws 1999, chapter 231, section 191, and Laws 2001,
First Special Session chapter 2, section 151, is amended to read:
Sec. 142. [EFFECTIVE DATES.]
Sections 2, 5, 7, 20, 42, 44 to 49, 56, 57, 101, 102, 117,
and 141, paragraph (d), are effective the day following final
enactment.
Sections 114, 115, 118, and 121 are effective January 1,
1996.
Sections 120, subdivisions 2, 3, 4, and 5, and 141,
paragraph (c), are effective July 1, 1996.
Section 141, paragraph (b), is effective June 30, 2007.
Sections 58 and 66 are effective retroactively to August 1,
1991.
Section 119 is effective September 1, 1996.
Section 120, subdivision 1, is effective July 1, 1999.
Sec. 110. Laws 1997, chapter 202, article 2, section 61,
as amended by Laws 1999, chapter 250, article 1, section 106,
and Laws 2001, First Special Session chapter 10, article 2,
section 85, is amended to read:
Sec. 61. [VOLUNTARY UNPAID LEAVE OF ABSENCE.]
Appointing authorities in state government may allow each
employee to take an unpaid leave of absence for up to 160 hours
during the period ending June 30, 2003, and up to 160 hours
during the period ending June 30, 2005. Each appointing
authority approving such a leave shall allow the employee to
continue accruing vacation and sick leave, be eligible for paid
holidays and insurance benefits, accrue seniority, and accrue
service credit in state retirement plans permitting service
credits for authorized leaves of absence as if the employee had
actually been employed during the time of the leave. If the
leave of absence is for one full pay period or longer, any
holiday pay shall be included in the first payroll warrant after
return from the leave of absence. The appointing authority
shall attempt to grant requests for unpaid leaves of absence
consistent with the need to continue efficient operation of the
agency. However, each appointing authority shall retain
discretion to grant or refuse to grant requests for leaves of
absence and to schedule and cancel leaves, subject to applicable
provisions of collective bargaining agreements and compensation
plans.
Sec. 111. Laws 2000, chapter 399, article 1, section 139,
is amended to read:
Sec. 139. [SATELLITE OFFICES; RULEMAKING.]
The secretary of state shall adopt rules governing the
establishment and operation of satellite offices under Minnesota
Statutes, sections 336.9-527 to 336.9-530, by July 1, 2000. The
rules are exempt from the rulemaking provisions of Minnesota
Statutes, chapter 14, but must be adopted under Minnesota
Statutes, section 14.386. Notwithstanding Minnesota Statutes,
section 14.386, paragraph (b), the rules remain in effect until
July 1, 2003.
The secretary of state may also adopt expedited rules
governing the establishment and operation of the central filing
system under Minnesota Statutes, sections 336.9-501 to 336.9-530
336.9-531 and 336.9-701 to 336.9-709, pursuant to section 14.389.
The authority to adopt rules under this section expires on
July 1, 2003. The expiration of this authority does not affect
the validity of the rules adopted under it.
This section is effective the day following final enactment.
Sec. 112. Laws 2001, chapter 171, section 12, is amended
to read:
Sec. 12. [TRANSFER OF ENFORCEMENT AUTHORITY.]
(a) The terms used in this section have the meanings given
in Minnesota Statutes, section 149A.02.
(b) Except as otherwise provided in statute, enforcement
authority for Minnesota Statutes, sections 149A.70, 149A.71,
149A.72, 149A.73, 149A.74, 149A.745, 149A.75, and 149A.97, may
be exercised for provisions related to insurance policies
purchased by a preneed consumer to arrange for funeral goods,
funeral services, burial site goods, or burial services,
enforcement authority may be exercised by the commissioner of
commerce.
(c) The commissioner of health retains enforcement
authority for provisions of Minnesota Statutes, chapter 149A,
related to funeral providers that are required to be licensed,
registered, or issued a permit under that chapter.
Sec. 113. [REENACTMENT.]
2001 First Special Session Senate File No. 4, as passed by
the senate and the house of representatives on Friday, June 29,
2001, and subsequently published as Laws 2001, First Special
Session chapter 9, is reenacted. Its provisions are effective
on the dates originally provided in the bill.
Sec. 114. [REPEALER.]
(a) Minnesota Statutes 2001 Supplement, section 16A.1286,
subdivisions 4 and 5, are repealed.
(b) Minnesota Statutes 2000, section 116.19, is repealed.
(c) Minnesota Statutes 2000, section 221.0315, is repealed.
(d) Minnesota Statutes 2000, section 437.11, is repealed.
(e) Minnesota Statutes 2000, section 462A.072, is repealed.
(f) Minnesota Statutes 2000, section 557.11, is repealed.
(g) Laws 1997, chapter 85, article 4, section 28, is
repealed.
(h) Laws 1999, chapter 159, section 79, is repealed.
(i) Laws 1999, chapter 231, section 180, is repealed.
(j) Laws 2001, chapter 161, section 4, is repealed.
(k) Laws 2001, chapter 162, section 4, is repealed.
(l) Laws 2001, First Special Session chapter 2, section
103, is repealed.
(m) Laws 2001, First Special Session chapter 8, article 7,
section 1, is repealed.
(n) Minnesota Rules, part 5300.0360, is repealed.
ARTICLE 2
CONFORMING AMENDMENTS
HARMFUL SUBSTANCE COMPENSATION BOARD TRANSFER
Section 1. Minnesota Statutes 2000, section 13.741,
subdivision 1, is amended to read:
Subdivision 1. [HARMFUL SUBSTANCE COMPENSATION BOARD
DATA.] The following data on individuals filing claims for
compensation with the harmful substance compensation board
pollution control agency for injury from harmful substances are
classified as confidential while the claim is being investigated
and private after a decision is made by the board agency about
the claim: the name, address, and all other information that
may identify an individual filing a claim; all medical data
provided to the board agency by the claimant or providers of
health care to the claimant, including reports of physical
examinations, mental health treatment, hospital care, physical
therapy, laboratory testing, X-ray studies, and prescriptions;
and all financial data provided to the board agency by the
claimant or the claimant's employer, insurance carrier, or other
provider of benefits, including state or federal tax forms, W-2
forms, salary records, records of insurance payments,
unemployment or disability benefits.
Sec. 2. Minnesota Statutes 2000, section 13.7411,
subdivision 5, is amended to read:
Subd. 5. [ENVIRONMENTAL RESPONSE AND LIABILITY.] (a)
[RESPONSIBLE PERSONS.] Certain data obtained by the pollution
control agency from a person who may be responsible for a
release are classified in section 115B.17, subdivision 5.
(b) [HAZARDOUS WASTE GENERATORS.] Data exchanged between
the pollution control agency and the department of revenue under
sections 115B.24 and 116.075, subdivision 2, are classified
under section 115B.24, subdivision 5.
(c) [HARMFUL SUBSTANCE COMPENSATION BOARD.] Access to data
collected and maintained by the in connection with harmful
substance compensation board reimbursement is governed by
sections 115B.28, subdivision 2; and 115B.35, subdivision 2.
(d) [DRYCLEANERS ENVIRONMENTAL ACCOUNT.] Disclosure of data
collected under section 115B.49, subdivision 4, is governed by
chapter 270B.
Sec. 3. Minnesota Statutes 2000, section 115B.25,
subdivision 2, is amended to read:
Subd. 2. [BOARD AGENCY.] "Board Agency" means
the harmful substance compensation board established in section
115B.27 pollution control agency.
Sec. 4. Minnesota Statutes 2000, section 115B.26, is
amended to read:
115B.26 [HARMFUL SUBSTANCE COMPENSATION ENVIRONMENTAL
RESPONSE, COMPENSATION, AND COMPLIANCE ACCOUNT.]
Subd. 2. [APPROPRIATION.] The amount necessary to pay
claims of compensation granted by the agency under sections
115B.25 to 115B.37 is appropriated to the agency from the
account.
Subd. 3. [PAYMENT OF CLAIMS WHEN ACCOUNT INSUFFICIENT.] If
the amount of the claims granted exceeds the amount in the
account, the board agency shall request a transfer from the
general contingent account to the harmful substance compensation
environmental response, compensation, and compliance account as
provided in section 3.30. If no transfer is approved, the board
agency shall pay the claims which have been granted in the order
granted only to the extent of the money remaining in the
account. The board agency shall pay the remaining claims which
have been granted after additional money is credited to the
account.
Subd. 4. [ACCOUNT TRANSFER REQUEST.] At the end of each
fiscal year, the board agency shall submit a request to the
petroleum tank release compensation board for transfer to the
harmful substance compensation account from the petroleum tank
release cleanup fund under section 115C.08, subdivision 5, of an
amount equal to the compensation granted by the board agency for
claims related to petroleum releases plus administrative costs
related to determination of those claims.
Sec. 5. Minnesota Statutes 2000, section 115B.28, as
amended by Laws 1999, chapter 227, section 22, is amended to
read:
115B.28 [POWERS AND DUTIES OF THE BOARD AGENCY.]
Subdivision 1. [DUTIES.] In addition to performing duties
specified in sections 115B.25 to 115B.37 or in other law, and
subject to the limitations on disclosure contained in section
115B.35, the board agency shall:
(1) adopt rules as soon as practicable after all members
are appointed, including rules governing practice and procedure
before the board agency, the form and procedure for applications
for compensation, and procedures for claims investigations;
(2) publicize the availability of compensation and
application procedures on a statewide basis with special
emphasis on geographical areas surrounding sites identified by
the pollution control agency as having releases from a facility
where a harmful substance was placed or came to be located prior
to July 1, 1983;
(3) collect, analyze, and make available to the public, in
consultation with the department of health, the pollution
control agency, the University of Minnesota medical and public
health schools, and the medical community, data regarding
injuries relating to exposure to harmful substances; and
(4) prepare and transmit by December 31 of each year to the
governor and the legislature an annual report to include (a) a
summary of board agency activity under clause (3); (b) data
determined by the board agency from actual cases, including but
not limited to number of cases, actual compensation received by
each claimant, types of cases, and types of injuries
compensated, as they relate to types of harmful substances as
well as length of exposure, but excluding identification of the
claimants; (c) all administrative costs associated with the
business of the board agency; and (d) board agency
recommendations for legislative changes, further study, or any
other recommendation aimed at improving the system of
compensation.
Subd. 2. [POWERS.] In addition to exercising any powers
specified in sections 115B.25 to 115B.37 or in other law,
the board agency may:
(1) in reviewing a claim, consider any information relevant
to the claim, in accordance with the evidentiary standards
contained in section 115B.35;
(2) contract for consultant or other services necessary to
carry out the board's agency's duties under sections 115B.25 to
115B.37;
(3) grant reasonable partial compensation on an emergency
basis pending the final decision on a claim if the claim is one
with respect to which an award will probably be made and undue
hardship will result to the claimant if immediate payment is not
made;
(4) limit access to information collected and maintained by
the board agency and take any other action necessary to protect
not public data as defined in section 13.02, subdivision 8a, and
protected information, in accordance with the limitations
contained in section 115B.35.
Subd. 3. [INVESTIGATION; OBTAINING INFORMATION.] The board
agency may investigate any claim for compensation and for this
purpose it may require from the claimant and request from any
person information regarding any matter, fact, or circumstance
which is relevant to determination of a claim under section
115B.33. In exercising its powers under this subdivision,
the board agency may collect information reasonably calculated
to lead to the discovery of evidence admissible under section
115B.35. The board agency shall reimburse the person requested
to provide information the actual cost of copies of documents,
papers, samples, or other tangible items necessary to respond to
the request from the board agency. In order to obtain this
information the board agency, subject to any applicable
privilege, may:
(a) request any person to produce documents, papers, books,
or other tangible things in the possession, custody, or control
of that person;
(b) request the sworn testimony of any person as to any
relevant fact or opinion;
(c) direct written questions to any person and request
written answers and objections;
(d) request a mental or physical examination of the
claimant or autopsy of any deceased person whose death is the
basis of the claim, provided that notice is given to the
claimant and the claimant receives a copy of the report; and
(e) request a waiver of medical privilege by the claimant.
The board agency shall give written notice of any request
under this subdivision at least 15 days before the person is
expected to comply with the request. If a person fails or
refuses to comply with a request for information relevant to the
release of a harmful substance, the board agency may issue a
subpoena for the production of the information and may petition
the district court for an order enforcing the subpoena. If a
person fails or refuses to comply with a request for other
information relevant to determination of the claim, the board
agency may petition the district court for an order to compel
compliance with the request. If the claimant refuses to comply
with a request by the board agency for information relevant to
the claim, the board agency may dismiss the claim.
Subd. 4. [ADMINISTRATIVE PERSONNEL AND SERVICES
INFORMATION FROM STATE AGENCIES.] The board may appoint an
executive director who is not a member of the board. The
executive director is in the unclassified service. The
commissioner of health shall provide staff assistance,
administrative services, and office space under a contract with
the board. The board shall reimburse the commissioner for the
staff, services, and space provided. In order to perform its
duties, the board agency may request information from the
supervising officer of any state agency or state institution of
higher education. When requesting health data as defined in
section 13.3805, subdivision 1, or sections 144.671 to 144.69,
the board agency must submit a written release signed by the
subject of the data or, if the subject is deceased, a
representative of the deceased, authorizing release of the data
in whole or in part. The supervising officer shall comply with
the board's agency's request to the extent possible considering
available agency or institution appropriations and may assign
agency or institution employees to assist the board agency in
performing its duties under sections 115B.25 to 115B.37.
Sec. 6. Minnesota Statutes 2000, section 115B.29,
subdivision 1, is amended to read:
Subdivision 1. [PERSONAL INJURY AND CERTAIN PROPERTY
CLAIMS.] A person may file a claim with the board agency
pursuant to this section for compensation for an eligible
injury, or for eligible property damage that could reasonably
have resulted from an exposure in Minnesota to a harmful
substance released from a facility.
Sec. 7. Minnesota Statutes 2000, section 115B.30,
subdivision 3, is amended to read:
Subd. 3. [TIME FOR FILING CLAIM.] (a) A claim is not
eligible for compensation from the account unless it is filed
with the board agency within the time provided in this
subdivision.
(b) A claim for compensation for personal injury must be
filed within two years after the injury and its connection to
exposure to a harmful substance was or reasonably should have
been discovered.
(c) A claim for compensation for property damage must be
filed within two years after the full amount of compensable
losses can be determined.
(d) Notwithstanding the provisions of this subdivision,
claims for compensation that would otherwise be barred by any
statute of limitations provided in sections 115B.25 to 115B.37
may be filed not later than January 1, 1992.
Sec. 8. Minnesota Statutes 2000, section 115B.31,
subdivision 1, is amended to read:
Subdivision 1. [SUBSEQUENT ACTION OR CLAIM PROHIBITED IN
CERTAIN CASES.] (a) A person who has settled a claim for an
eligible injury or eligible property damage with a responsible
person, either before or after bringing an action in court for
that injury or damage, may not file a claim with the account for
the same injury or damage. A person who has received a
favorable judgment in a court action for an eligible injury or
eligible property damage may not file a claim with the account
for the same injury or damage, unless the judgment cannot be
satisfied in whole or in part against the persons responsible
for the release of the harmful substance. A person who has
filed a claim with the board agency or its predecessor, the
harmful substance compensation board, may not file another claim
with the board agency for the same eligible injury or damage,
unless the claim was inactivated by the agency or board as
provided in section 115B.32, subdivision 1.
(b) A person who has filed a claim with the agency or board
for an eligible injury or damage, and who has received and
accepted an award from the agency or board, is precluded from
bringing an action in court for the same eligible injury or
damage.
(c) A person who files a claim with the board agency for
personal injury or property damage must include all known claims
eligible for compensation in one proceeding before the board
agency.
Sec. 9. Minnesota Statutes 2000, section 115B.31,
subdivision 2, is amended to read:
Subd. 2. [USE OF PROTECTED INFORMATION AND BOARD AGENCY
FINDINGS.] The findings and decision of the board agency are
inadmissible in any court action. Protected information may not
be used in any court action except to the extent that the
information is otherwise available to a party or discovered
under the applicable rules of civil or criminal procedure.
Sec. 10. Minnesota Statutes 2000, section 115B.31,
subdivision 4, is amended to read:
Subd. 4. [SIMULTANEOUS CLAIM AND COURT ACTION PROHIBITED.]
A claimant may not commence a court action to recover for any
injury or damage for which the claimant seeks compensation from
the account during the time that a claim is pending before
the board agency. A person may not file a claim with the board
agency for compensation for any injury or damage for which the
claimant seeks to recover in a pending court action. The time
for filing a claim under section 115B.30 or the statute of
limitations for any civil action is suspended during the period
of time that a claimant is precluded from filing a claim or
commencing an action under this subdivision.
Sec. 11. Minnesota Statutes 2000, section 115B.32, is
amended to read:
115B.32 [CLAIM FOR COMPENSATION.]
Subdivision 1. [FORM.] A claim for compensation from the
account must be filed with the board agency in the form required
by the board agency. When a claim does not include all the
information required by subdivision 2 and applicable board
agency rules, the board agency staff shall notify the claimant
of the absence of the required information within 14 days of the
filing of the claim. All required information must be received
by the board agency not later than 60 days after the claimant
received notice of its absence or the claim will be inactivated
and may not be resubmitted for at least one year following the
date of inactivation. The board agency may decide not to
inactivate a claim under this subdivision if it finds serious
extenuating circumstances.
Subd. 2. [REQUIRED INFORMATION.] A claimant must provide
the following information as part of the claim, provided that
nothing in Laws 1985, First Special Session this chapter 8,
shall be construed to require the claimant to initiate a court
action before filing a claim:
(1) a sworn verification by the claimant of the facts set
forth in the claim to the best of the claimant's knowledge;
(2) evidence that the claimant is an eligible person;
(3) evidence of the claimant's exposure to a named harmful
substance;
(4) evidence that the claimant's exposure to the substance
in the amount and duration experienced by the claimant could
reasonably have been caused or significantly contributed to by
the release of a harmful substance from a facility where the
substance was placed or came to be located, to the extent the
information is available to the claimant;
(5) evidence that the exposure experienced by the claimant
can cause or can significantly contribute to the injury suffered
by the claimant;
(6) evidence of the injury eligible for compensation
suffered by the claimant and the compensable losses resulting
from the injury;
(7) evidence of any property damage eligible for
compensation and the amount of compensable losses resulting from
the damage;
(8) information regarding any collateral sources of
compensation; and
(9) other information required by the rules of the board
agency.
Subd. 3. [DEATH CLAIMS.] In any case in which death is
claimed as a compensable injury, the claim may be brought on
behalf of the claimant by the claimant's estate for compensable
medical expenses and by the claimant's trustee for death
benefits for the claimant's dependents as defined in section
176.111.
Sec. 12. Minnesota Statutes 2000, section 115B.33, is
amended to read:
115B.33 [DETERMINATION OF CLAIM.]
Subdivision 1. [STANDARD FOR PERSONAL INJURY.] The
board agency shall grant compensation to a claimant who shows
that it is more likely than not that:
(1) the claimant suffers a medically verified injury that
is eligible for compensation from the account and that has
resulted in a compensable loss;
(2) the claimant has been exposed to a harmful substance;
(3) the release of the harmful substance from a facility
where the substance was placed or came to be located could
reasonably have resulted in the claimant's exposure to the
substance in the amount and duration experienced by the
claimant; and
(4) the injury suffered by the claimant can be caused or
significantly contributed to by exposure to the harmful
substance in an amount and duration experienced by the claimant.
Subd. 2. [STANDARD FOR PROPERTY DAMAGE.] The board agency
shall grant compensation to a claimant who shows that it is more
likely than not that:
(1) the claimant has suffered property damage that is
eligible for compensation and that has resulted in compensable
loss; and
(2) the presence of the harmful substance in or on the
property could reasonably have resulted from the release of the
harmful substance from a facility where the substance was placed
or came to be located.
Sec. 13. Minnesota Statutes 2000, section 115B.34, is
amended to read:
115B.34 [COMPENSABLE LOSSES.]
Subdivision 1. [PERSONAL INJURY LOSSES.] Losses
compensable by the account for personal injury are limited to:
(1) medical expenses directly related to the claimant's
injury;
(2) up to two-thirds of the claimant's lost wages not to
exceed $2,000 per month or $24,000 per year;
(3) up to two-thirds of a self-employed claimant's lost
income, not to exceed $2,000 per month or $24,000 per year;
(4) death benefits to dependents which the board agency
shall define by rule subject to the following conditions:
(i) the rule adopted by the board agency must establish a
schedule of benefits similar to that established by section
176.111 and must not provide for the payment of benefits to
dependents other than those dependents defined in section
176.111;
(ii) the total benefits paid to all dependents of a
claimant must not exceed $2,000 per month;
(iii) benefits paid to a spouse and all dependents other
than children must not continue for a period longer than ten
years;
(iv) payment of benefits is subject to the limitations of
section 115B.36; and
(5) the value of household labor lost due to the claimant's
injury or disease, which must be determined in accordance with a
schedule established by the board by rule, not to exceed $2,000
per month or $24,000 per year.
Subd. 2. [PROPERTY DAMAGE LOSSES.] (a) Losses compensable
by the account for property damage are limited to the following
losses caused by damage to the principal residence of the
claimant:
(1) the reasonable cost of replacing or decontaminating the
primary source of drinking water for the property not to exceed
the amount actually expended by the claimant or assessed by a
local taxing authority, if the department of health has
confirmed that the remedy provides safe drinking water and
advised that the water not be used for drinking or determined
that the replacement or decontamination of the source of
drinking water was necessary, up to a maximum of $25,000;
(2) losses incurred as a result of a bona fide sale of the
property at less than the appraised market value under
circumstances that constitute a hardship to the owner, limited
to 75 percent of the difference between the appraised market
value and the selling price, but not to exceed $25,000; and
(3) losses incurred as a result of the inability of an
owner in hardship circumstances to sell the property due to the
presence of harmful substances, limited to the increase in costs
associated with the need to maintain two residences, but not to
exceed $25,000.
(b) In computation of the loss under paragraph (a), clause
(3), the board agency shall offset the loss by the amount of any
income received by the claimant from the rental of the property.
(c) For purposes of paragraph (a), the following
definitions apply:
(1) "appraised market value" means an appraisal of the
market value of the property disregarding any decrease in value
caused by the presence of a harmful substance in or on the
property; and
(2) "hardship" means an urgent need to sell the property
based on a special circumstance of the owner including
catastrophic medical expenses, inability of the owner to
physically maintain the property due to a physical or mental
condition, and change of employment of the owner or other member
of the owner's household requiring the owner to move to a
different location.
(d) Appraisals are subject to board agency approval. The
board agency may adopt rules governing approval of appraisals,
criteria for establishing a hardship, and other matters
necessary to administer this subdivision.
Sec. 14. Minnesota Statutes 2000, section 115B.35,
subdivision 2, is amended to read:
Subd. 2. [TREATMENT OF PROTECTED INFORMATION.] In making a
preliminary or final decision under this section, the
board agency shall examine protected information outside of the
presence of the claimant, the claimant's attorney, or any other
person except agency staff to the board. The board agency, the
board's agency's staff, and any other person who obtains access
to protected information under this section may not reveal
protected information to any person except as provided in this
section.
Sec. 15. Minnesota Statutes 2000, section 115B.35,
subdivision 3, is amended to read:
Subd. 3. [EVIDENCE ADMISSIBLE IN CLAIM PROCEEDINGS.] In
the determination of a claim, the board agency may admit and
give probative effect to evidence that possesses probative value
commonly accepted by reasonable and prudent persons in the
conduct of their affairs. The board agency shall give effect to
the rules of privilege recognized by law. The board agency may
exclude incompetent, irrelevant, immaterial, and repetitious
evidence.
Sec. 16. Minnesota Statutes 2000, section 115B.35,
subdivision 4, is amended to read:
Subd. 4. [PRELIMINARY DECISION.] The board member to whom
the claim is assigned agency shall review all materials filed in
support of the claim and may cause an investigation to be
conducted into the validity of the claim. The board member
agency may make a preliminary decision on the basis of the
papers filed in support of the claim and the report of any
investigation of it. The decision must be in writing and include
the reasons for the decision, subject to the limitations on
disclosure of protected information.
Sec. 17. Minnesota Statutes 2000, section 115B.35,
subdivision 8, is amended to read:
Subd. 8. [APPEAL.] A final decision of the board agency
made under this section is conclusive on all matters decided.
There is no right to judicial review of a final decision of the
board agency.
Sec. 18. Minnesota Statutes 2000, section 115B.35,
subdivision 9, is amended to read:
Subd. 9. [REMEDIES AND PENALTIES.] A board An agency
member, board agency staff person, or other person who reveals
protected information in violation of this section is subject to
the civil remedies contained in section 13.08 and the penalties
in section 13.09.
Sec. 19. Minnesota Statutes 2000, section 115B.36, is
amended to read:
115B.36 [AMOUNT AND FORM OF PAYMENT.]
If the board agency decides to grant compensation, it shall
determine the net uncompensated loss payable to the claimant by
computing the total amount of compensable losses payable to the
claimant and subtracting the total amount of any compensation
received by the claimant for the same injury or damage from
other sources including, but not limited to, all forms of
insurance and social security and any emergency award made by
the board agency. The board agency shall pay compensation in
the amount of the net uncompensated loss, provided that no
claimant may receive more than $250,000. In the case of a
death, the total amount paid to all persons on behalf of the
claimant may not exceed $250,000.
Compensation from the account may be awarded in a lump sum
or in installments at the discretion of the board agency.
Sec. 20. Minnesota Statutes 2000, section 115B.37, is
amended to read:
115B.37 [ATTORNEY FEES.]
The board agency may by rule limit the fee charged by any
attorney for representing a claimant before the board agency.
Sec. 21. Minnesota Statutes 2000, section 115C.08,
subdivision 4, is amended to read:
Subd. 4. [EXPENDITURES.] (a) Money in the fund may only be
spent:
(1) to administer the petroleum tank release cleanup
program established in this chapter;
(2) for agency administrative costs under sections 116.46
to 116.50, sections 115C.03 to 115C.06, and costs of corrective
action taken by the agency under section 115C.03, including
investigations;
(3) for costs of recovering expenses of corrective actions
under section 115C.04;
(4) for training, certification, and rulemaking under
sections 116.46 to 116.50;
(5) for agency administrative costs of enforcing rules
governing the construction, installation, operation, and closure
of aboveground and underground petroleum storage tanks;
(6) for reimbursement of the harmful substance compensation
environmental response, compensation, and compliance account
under subdivision 5 and section 115B.26, subdivision 4;
(7) for administrative and staff costs as set by the board
to administer the petroleum tank release program established in
this chapter;
(8) for corrective action performance audits under section
115C.093; and
(9) for contamination cleanup grants, as provided in
paragraph (c).
(b) Except as provided in paragraph (c), money in the fund
is appropriated to the board to make reimbursements or payments
under this section.
(c) $6,200,000 is annually appropriated from the fund to
the commissioner of trade and economic development for
contamination cleanup grants under section 116J.554. Of this
amount, the commissioner may spend up to $120,000 annually for
administration of the contamination cleanup grant program. The
appropriation does not cancel and is available until expended.
The appropriation shall not be withdrawn from the fund nor the
fund balance reduced until the funds are requested by the
commissioner of trade and economic development. The
commissioner shall schedule requests for withdrawals from the
fund to minimize the necessity to impose the fee authorized by
subdivision 2. Unless otherwise provided, the appropriation in
this paragraph may be used for:
(1) project costs at a qualifying site if a portion of the
cleanup costs are attributable to petroleum contamination; and
(2) the costs of performing contamination investigation if
there is a reasonable basis to suspect the contamination is
attributable to petroleum.
Sec. 22. Minnesota Statutes 2000, section 115C.08,
subdivision 5, is amended to read:
Subd. 5. [ACCOUNT TRANSFER.] The board shall authorize the
commissioner of finance to transfer to the harmful substance
compensation environmental response, compensation, and
compliance account the amount requested by the harmful substance
compensation board pollution control agency under section
115B.26, subdivision 4. Transfer of the amount must be made at
the earliest practical date after authorization by the board.
If the unencumbered balance in the account is less than
$2,000,000, the transfer must be made at the earliest practical
date after the unencumbered balance in the account exceeds that
amount.
Sec. 23. [REVISOR INSTRUCTION.]
The revisor shall make the following changes in Minnesota
Rules, chapter 7190: substitute "pollution control agency" or
"agency" for "harmful substance compensation board" or "board"
where it means the harmful substance compensation board;
substitute "agency" for "director"; substitute "agency staff" or
"staff" for "board members" or "member"; and substitute "agency"
for "board by majority vote."
Sec. 24. [REPEALER.]
Minnesota Statutes 2000, sections 115B.27; and 115B.35,
subdivisions 1, 5, and 6; and Minnesota Rules, parts 7190.0001,
subparts 2 and 4; 7190.0002; 7190.0003; 7190.0004; 7190.0008,
subparts 1 and 2; 7190.0015, subparts 1 and 2; 7190.0100,
subpart 2; and 7190.1000, subpart 1, are repealed.
Presented to the governor May 17, 2002
Signed by the governor May 21, 2002, 3:11 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes