Office of the Revisor of Statutes
Minnesota Session Laws - 2003, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 2-H.F.No. 273
An act relating to legislation; correcting erroneous,
ambiguous, and omitted text and obsolete references;
eliminating certain redundant, conflicting, and
superseded provisions; making miscellaneous technical
corrections to statutes and other laws; amending
Minnesota Statutes 2002, sections 3.85, subdivision 6;
4A.02; 12.37; 13.3806, subdivision 4; 13.383, by
adding a subdivision; 13.4963, subdivision 2; 13.4967,
by adding a subdivision; 13.585, subdivision 2;
13.6905, by adding a subdivision; 13.7191, subdivision
6; 13.871, subdivisions 5, 6; 14.03, subdivision 2;
14.388; 37.03, subdivision 1; 40A.121; 50.14,
subdivision 12; 60K.39, subdivision 1; 62A.27; 62Q.71;
69.021, subdivision 5; 69.041; 79.251, subdivision 1;
79A.02, subdivision 1; 85.015, subdivisions 4, 10;
85.20, subdivision 6; 103B.321, subdivision 1;
103G.245, subdivision 5; 116J.556; 144A.4605,
subdivision 4; 144E.41; 147A.01, subdivisions 18, 22;
147A.24, subdivision 2; 168.013, subdivision 1e;
168.61, subdivision 1; 211A.13; 221.021, subdivision
1; 221.0251, subdivision 1; 221.60, subdivision 1;
221.601, subdivision 1; 221.602, subdivisions 1, 2, 3;
222.63, subdivisions 1, 6; 222.86, subdivisions 1, 3;
237.075, subdivision 8; 244.13, subdivision 1;
256B.501, subdivision 11; 260B.163, subdivision 4;
260C.007, subdivision 5; 260C.175, subdivision 1;
270.67, subdivision 2; 270B.03, subdivision 6; 272.67,
subdivision 1; 273.1106; 276A.09; 290.0802,
subdivision 2; 290.9727, subdivision 3; 290.9728,
subdivision 2; 290.9729, subdivision 2; 297A.70,
subdivision 7; 299F.40, subdivision 1; 317A.443,
subdivision 2; 322B.960, subdivision 4; 325E.26,
subdivision 4; 325G.34, subdivision 4; 327C.07,
subdivision 7; 354A.31, subdivisions 6, 7; 356.46,
subdivision 1; 356.62; 365.46, subdivision 2; 379.05;
398A.04, subdivision 4; 412.021, subdivision 1;
412.091; 414.09, subdivision 3; 465.81, subdivisions
1, 2; 465.82, subdivisions 1, 2; 465.84; 469.057,
subdivisions 1, 2; 473.129, subdivision 5; 473F.13,
subdivision 1; 473H.14; 487.17; 487.24; 488A.01,
subdivision 5; 488A.03, subdivisions 11, 13; 488A.06,
subdivisions 2, 3; 488A.11; 488A.18, subdivision 6;
488A.28; 491A.01, subdivision 4; 515B.3-116; 557.09;
572A.015, subdivision 2; 572A.02, subdivision 6;
572A.03, subdivision 5; 609.33, subdivision 6;
609.5317, subdivisions 1, 3; Laws 1997, chapter 203,
article 9, section 21, as amended; repealing Minnesota
Statutes 2002, sections 2.043; 2.053; 2.063; 2.073;
2.083; 2.093; 2.103; 2.113; 2.123; 2.133; 2.143;
2.153; 2.163; 2.173; 2.183; 2.193; 2.203; 2.213;
2.223; 2.233; 2.243; 2.253; 2.263; 2.273; 2.283;
2.293; 2.303; 2.313; 2.323; 2.333; 2.343; 2.353;
2.363; 2.373; 2.383; 2.393; 2.403; 2.413; 2.423;
2.433; 2.443; 2.453; 2.463; 2.473; 2.483; 2.493;
2.503; 2.513; 2.523; 2.533; 2.543; 2.553; 2.563;
2.573; 2.583; 2.593; 2.603; 2.613; 2.623; 2.633;
2.643; 2.653; 2.663; 2.673; 2.683; 2.693; 2.703;
2.742; 2.752; 2.762; 2.772; 2.782; 2;792; 2.802;
2.812; 221.121, subdivision 6g; 221.153, subdivision
3; 356.58; 572A.015, subdivision 1; 609.668,
subdivision 7; Laws 1997, chapter 233, article 1,
section 12; Laws 2000, chapter 395, section 13,
subdivision 3; Laws 2001, chapter 195, article 2,
section 35; Laws 2002, chapter 223, section 25,
subdivision 3; Laws 2002, chapter 243, section 2; Laws
2002, chapter 374, article 8, section 2; Laws 2002,
chapter 380, article 4, section 1; Laws 2002, chapter
392, article 12, section 1; Minnesota Rules, parts
2200.0100; 2200.0200; 2200.0300; 2200.0400; 2200.0500;
2200.0600; 2200.0700; 2200.0800; 2200.0900; 2200.1000;
2200.1100; 2200.1200; 2200.1300; 2200.1400; 2200.1500;
2200.1600; 2200.1700; 2200.1800; 2200.1900; 2200.2000;
2200.2100; 2200.3100; 2200.3200; 2200.3300; 2200.3410;
2200.3500; 2200.3600; 2200.3700; 2200.3800; 2200.3900;
2200.4000; 2200.4100; 2200.4200; 2200.4300; 2200.4400;
2200.5000; 2200.5100; 2200.5200; 2200.5300; 2200.5310;
2200.5400; 2200.5500; 2200.6000; 2200.6100; 2200.6200;
2200.6300; 2200.6400; 2200.6500; 2200.6600; 2200.6700;
2200.6800; 2200.6900; 2200.7000; 2200.7100; 2200.7200;
2200.7300; 2200.7400; 2200.7500; 2200.7600; 2200.7700;
2200.7800; 2200.7900; 2200.8000; 2200.8100; 2200.8200;
2200.8300; 2200.8400; 2200.8500; 2200.9000; 2200.9100;
2200.9200; 2200.9300; 2200.9400; 2200.9500; 2200.9600;
2200.9700; 2200.9800; 2205.0100; 2205.0200; 2205.0300;
2205.0400; 2205.0500; 2205.0600; 2205.0700; 2205.0800;
2205.0900; 2205.1000; 2205.1100; 2205.1200; 2205.1300;
2205.1400; 2205.1500; 4830.6000; 4830.6100; 4830.6200;
4830.6300; 4830.6400; 6100.6000.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
GENERAL
Section 1. Minnesota Statutes 2002, section 3.85,
subdivision 6, is amended to read:
Subd. 6. [ASSISTANCE OF OTHER AGENCIES.] The commission
may request information from any state officer or agency or
public pension fund or plan as defined in section
356.615 356.63, paragraph (b), including a volunteer
firefighters' relief association to which sections 69.771 to
69.776 apply, to assist it to carry out the terms of this
section. The officer, agency, or public pension fund or plan
shall promptly furnish any data requested.
Sec. 2. Minnesota Statutes 2002, section 12.37, is amended
to read:
12.37 [POLITICAL SUBDIVISION'S POWERS TO FAST PROVIDE
EMERGENCY AID.]
(a) During an emergency or disaster, each political
subdivision, notwithstanding any statutory or charter provision
to the contrary, and through its governing body acting within or
without the corporate limits of the political subdivision, may:
(1) enter into contracts and incur obligations necessary to
combat the disaster by protecting the health and safety of
persons and property and by providing emergency assistance to
the victims of the disaster; and
(2) exercise the powers vested by this subdivision in the
light of the exigencies of the disaster without compliance with
time-consuming procedures and formalities prescribed by law
pertaining to:
(i) the performance of public work;
(ii) entering into contracts;
(iii) incurring of obligations;
(iv) employment of temporary workers;
(v) rental of equipment;
(vi) purchase of supplies and materials;
(vii) limitations upon tax levies; and
(viii) the appropriation and expenditure of public funds,
for example, but not limited to, publication of ordinances and
resolutions, publication of calls for bids, provisions of civil
service laws and rules, provisions relating to low bids, and
requirements for budgets.
(b) The failure or malfunction of public infrastructure or
systems critical to the delivery of municipal services due to
year 2000 problems with computers and electronically controlled
devices shall constitute an emergency for the purposes of this
section.
Sec. 3. Minnesota Statutes 2002, 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, 295,
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 2002, section 14.388, is
amended to read:
14.388 [GOOD CAUSE EXEMPTION.]
If an agency for good cause finds that the rulemaking
provisions of this chapter are unnecessary, impracticable, or
contrary to the public interest when adopting, amending, or
repealing a rule to:
(1) address a serious and immediate threat to the public
health, safety, or welfare;
(2) comply with a court order or a requirement in federal
law in a manner that does not allow for compliance with sections
14.14 to 14.28;
(3) incorporate specific changes set forth in applicable
statutes when no interpretation of law is required; or
(4) make changes that do not alter the sense, meaning, or
effect of a rule,
the agency may adopt, amend, or repeal the rule after satisfying
the requirements of section 14.386, paragraph (a), clauses (1)
to (3) (4). The agency shall incorporate its findings and a
brief statement of its supporting reasons in its order adopting,
amending, or repealing the rule.
The office of administrative hearings shall determine
whether the agency has provided adequate justification for its
use of this section.
Rules adopted, amended, or repealed under clauses (1) and
(2) are effective for a period of two years from the date of
publication of the rule in the State Register.
Rules adopted, amended, or repealed under clause (3) or (4)
are effective upon publication in the State Register.
Sec. 5. Minnesota Statutes 2002, section 37.03,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERS.] Members of the state
agricultural society must be citizens of this state. The
membership is as follows:
(a) Three delegates chosen annually by each agricultural
society or association in the state which maintains an active
existence, holds annual fairs, and is entitled to share in the
state appropriation under the provisions of section 38.02. If
one of those societies or associations fails to choose
delegates, then its president, secretary, and treasurer, by
virtue of their offices, are its delegates. If two fairs
receiving state aid are operating in one county, each delegate
from each society or association is entitled to one-half vote at
regular or special meetings of the state society.
(b) One delegate appointed by the county board of each
county in which no county or district agricultural society
exists.
(c) Individuals elected by the society as honorary members
for having performed eminent services in agriculture,
horticulture, or related arts and sciences or long and faithful
service in or benefits to the society. Honorary members must be
elected by two-thirds vote at any annual meeting. The number of
honorary members may not exceed the society's membership and
only one honorary member may be elected annually. Each honorary
member is entitled to one vote.
(d) Two elected delegates and the president may represent
each of the following societies and associations: Red River
Valley Winter Shows, the Minnesota State Horticultural Society,
the State Dairyman's Association, the Minnesota Dairy Goat
Association, the Minnesota Honey Producers Association, Inc.,
the Minnesota Livestock Breeders' Association, the Minnesota
Crop Improvement Association, the Minnesota Pork Producers
Association, the Minnesota Lamb and Wool Producers Association,
the Minnesota Horse Breeders' Association, the Minnesota
Veterinary Medical Association, the Minnesota Cattle Breeders'
Association, the Minnesota Beef Cattle Improvement Association,
the Central Livestock Association, the Minnesota State Poultry
Association, the Farm Equipment Association, the North Central
Florist Association the Minnesota State Florists
Association, the Minnesota Garden Flower Society, the State Fair
Exhibitors' Organization, the Minnesota Federation of County
Fairs, the State Minnesota Forestry Association, the Minnesota
Horse Council, Minnesota Nurserymen's Nursery and Landscape
Association, Minnesota Apple Growers' Association, State Grange
of Minnesota, Minnesota Farmers' Union, American Dairy
Association of Minnesota the Midwest, and the Minnesota Farm
Bureau Federation.
(e) The following societies and associations are entitled
to one delegate each: Central Minnesota Vegetable Growers
Association, the Minnesota Fruit and Vegetable Growers'
Association, Minnesota Shorthorn Breeders' Association, the
Minnesota Milking Shorthorn Association, Minnesota Guernsey
Breeders' Association, Minnesota Jersey Cattle Club, Minnesota
Holstein Association, Minnesota Hereford Association Breeders,
Minnesota Aberdeen Angus Breeders' the Minnesota Angus
Association, Minnesota Red Polled Breeders', Minnesota Ayreshire
Breeders' Association, Minnesota Brown Swiss Association,
Minnesota Poland China Breeders' Association, Minnesota Duroc
Breeders', Minnesota Chester White Association, Minnesota Turkey
Growers' Association, Minnesota Gladiolus Society, Minnesota
Hampshire Sheep Association, Minnesota Suffolk Sheep
Association, North American Dairy Sheep Association, and the
Minnesota Berkshire Association.
(f) The societies and associations listed in paragraphs (d)
and (e) must be active and statewide in their scope and
operation, hold annual meetings, and be incorporated under the
laws of the state before they are entitled to a delegate. The
societies and associations must file with the secretary of
state, on or before December 20, a report showing that the
society or association has held a regular annual meeting for
that year, a summary of its financial transactions for the
current year, and an affidavit of the president and secretary
that it has a paid-up membership of at least 25. On or before
December 31, the secretary of state shall certify to the
secretary of the state agricultural society the names of the
societies or associations that have complied with these
provisions.
(g) If a society or association ceases to exist or
otherwise fails to comply with the requirements of paragraph
(f), its membership in the state agricultural society and its
right to delegates is terminated and it may be replaced by
another society or association representing the same or similar
interests and chosen by a majority vote of the members of the
society at its next annual meeting.
(h) The members of the board of managers of the state
agricultural society are members of the society and entitled to
one vote each.
Sec. 6. Minnesota Statutes 2002, section 60K.39,
subdivision 1, is amended to read:
Subdivision 1. [ISSUANCE.] Unless denied a license under
section 62K.41 60K.43, a nonresident person shall receive a
nonresident producer license if:
(1) the person is currently licensed as a resident and in
good standing in the person's home state;
(2) the person has submitted the proper request for
licensure and has paid the fees required by section 60K.55;
(3) the person has submitted or transmitted to the
commissioner the application for licensure that the person
submitted to the person's home state, or in lieu of the same, a
completed Uniform Application; and
(4) the person's home state awards nonresident producer
licenses to residents of this state on the same basis.
Sec. 7. Minnesota Statutes 2002, section 62A.27, is
amended to read:
62A.27 [COVERAGE OF ADOPTED CHILDREN.]
(a) A health plan that provides coverage to a Minnesota
resident must cover adopted children of the insured, subscriber,
participant, or enrollee on the same basis as other dependents.
Consequently, the plan shall not contain any provision
concerning preexisting condition limitations, insurability,
eligibility, or health underwriting approval concerning children
placed for adoption with the participant.
(b) The coverage required by this section is effective from
the date of placement for adoption. For purposes of this
section, placement for adoption means the assumption and
retention by a person of a legal obligation for total or partial
support of a child in anticipation of adoption of the child.
The child's placement with a person terminates upon the
termination of the legal obligation for total or partial support.
(c) For the purpose of this section, health plan includes:
(1) coverage offered by community integrated service
networks;
(2) coverage that is designed solely to provide dental or
vision care; and
(3) any plan under the federal Employee Retirement Income
Security Act of 1974 (ERISA), United States Code, title 29,
sections 1001 to 1461.
Sec. 8. Minnesota Statutes 2002, section 62Q.71, is
amended to read:
62Q.71 [NOTICE TO ENROLLEES.]
Each health plan company shall provide to enrollees a clear
and concise description of its complaint resolution procedure,
if applicable under section 62Q.68, subdivision 1, and the
procedure used for utilization review as defined under chapter
62M as part of the member handbook, subscriber contract, or
certificate of coverage. If the health plan company does not
issue a member handbook, the health plan company may provide the
description in another written document. The description must
specifically inform enrollees:
(1) how to submit a complaint to the health plan company;
(2) if the health plan includes utilization review
requirements, how to notify the utilization review organization
in a timely manner and how to obtain certification for health
care services;
(3) how to request an appeal either through the procedures
described in sections 62Q.69 and 62Q.70 or through the
procedures described in chapter 62M;
(4) of the right to file a complaint with either the
commissioner of health or commerce at any time during the
complaint and appeal process;
(5) of the toll-free telephone number of the appropriate
commissioner;
(6) of the telephone number of the office of consumer
assistance, advocacy, and information; and
(7) (6) of the right to obtain an external review under
section 62Q.73 and a description of when and how that right may
be exercised.
Sec. 9. Minnesota Statutes 2002, section 69.021,
subdivision 5, is amended to read:
Subd. 5. [CALCULATION OF STATE AID.] (a) The amount of
fire state aid available for apportionment, before the addition
of the minimum fire state aid allocation amount under
subdivision 7, is equal to 107 percent of the amount of premium
taxes paid to the state upon the fire, lightning, sprinkler
leakage, and extended coverage premiums reported to the
commissioner by insurers on the Minnesota Firetown Premium
Report. This amount shall be reduced by the amount required to
pay the state auditor's costs and expenses of the audits or
exams of the firefighters relief associations.
The total amount for apportionment in respect to fire state
aid must not be less than two percent of the premiums reported
to the commissioner by insurers on the Minnesota Firetown
Premium Report after subtracting the following amounts:
(1) the amount required to pay the state auditor's costs
and expenses of the audits or exams of the firefighters relief
associations; and
(2) one percent of the premiums reported by town and
farmers' mutual insurance companies and mutual property and
casualty companies with total assets of $5,000,000 or less.
(b) The total amount for apportionment as police state aid
is equal to 104 percent of the amount of premium taxes paid to
the state on the premiums reported to the commissioner by
insurers on the Minnesota Aid to Police Premium Report, plus the
payment amounts received under section 297I.05, subdivision 8,
since the last aid apportionment, and reduced by the amount
required to pay the costs and expenses of the state auditor for
audits or exams of police relief associations. The total amount
for apportionment in respect to the police state aid program
must not be less than two percent of the amount of premiums
reported to the commissioner by insurers on the Minnesota Aid to
Police Premium Report after subtracting the amount required to
pay the state auditor's cost and expenses of the audits or exams
of the police relief associations.
(c) The commissioner shall calculate the percentage of
increase or decrease reflected in the apportionment over or
under the previous year's available state aid using the same
premiums as a basis for comparison.
(d) The amount for apportionment in respect to peace
officer state aid under paragraph (b) must be further reduced by
$1,779,000 in fiscal year 1999, $2,077,000 in fiscal year 2000,
and $2,404,000 in fiscal year 2001. These reductions in this
paragraph cancel to the general fund.
(e) In addition to the amount for apportionment of police
state aid under paragraph (b), each year $100,000 shall be
apportioned for police state aid. An amount sufficient to pay
this increase is annually appropriated from the general fund.
Sec. 10. Minnesota Statutes 2002, section 69.041, is
amended to read:
69.041 [SHORTFALL FROM GENERAL FUND.]
(a) If the annual funding requirements of fire or police
relief associations or consolidation accounts under sections
69.77, 69.771 to 69.775, or 353A.09, exceed all applicable
revenue sources of a given year, including the insurance premium
taxes funding the applicable fire or police state aid as set
under section 60A.15, subdivision 1, paragraph (e), clauses (1)
to (3) 297I.05, subdivisions 2, 3, and 4, the shortfall in the
annual funding requirements must be paid from the general fund
to the extent appropriated by the legislature.
(b) Nothing in this section may be deemed to relieve any
municipality from its obligation to a relief association or
consolidation account under law.
Sec. 11. Minnesota Statutes 2002, section 79.251,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL DUTIES OF COMMISSIONER.] (a)(1)
The commissioner shall have all the usual powers and authorities
necessary for the discharge of the commissioner's duties under
this section and may contract with individuals in discharge of
those duties. The commissioner shall audit the reserves
established (a) for individual cases arising under policies and
contracts of coverage issued under subdivision 4 and (b) for the
total book of business issued under subdivision 4. If the
commissioner determines on the basis of an audit that there is
an excess surplus in the assigned risk plan, the commissioner
must notify the commissioner of finance who shall transfer
assets of the plan equal to the excess surplus to the budget
reserve account in the general fund.
(2) The commissioner shall monitor the operations of
section 79.252 and this section and shall periodically make
recommendations to the governor and legislature when
appropriate, for improvement in the operation of those sections.
(3) All insurers and self-insurance administrators issuing
policies or contracts under subdivision 4 shall pay to the
commissioner a .25 percent assessment on premiums for policies
and contracts of coverage issued under subdivision 4 for the
purpose of defraying the costs of performing the duties under
clauses (1) and (2). Proceeds of the assessment shall be
deposited in the state treasury and credited to the general fund.
(4) The assigned risk plan shall not be deemed a state
agency.
(b) As used in this subdivision, "excess surplus" means the
amount of assigned risk plan assets in excess of the amount
needed to pay all current liabilities of the plan, including,
but not limited to:
(1) administrative expenses;
(2) benefit claims; and
(3) if the assigned risk plan is dissolved under
subdivision 8, the amounts that would be due insurers who have
paid assessments to the plan.
Sec. 12. Minnesota Statutes 2002, section 79A.02,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP.] For the purposes of assisting
the commissioner, there is established a workers' compensation
self-insurers' advisory committee of five members that are
employers authorized to self-insure in Minnesota. Three of the
members and three alternates shall be elected by the
self-insurers' security fund board of trustees and two members
and two alternates shall be appointed by the commissioner.
Notwithstanding section 15.059, subdivision 5a, the advisory
committee does not expire June 30, 2001.
Sec. 13. Minnesota Statutes 2002, section 103B.321,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] The board shall:
(1) develop guidelines for the contents of comprehensive
water plans that provide for a flexible approach to meeting the
different water and related land resources needs of counties and
watersheds across the state;
(2) coordinate assistance of state agencies to counties and
other local units of government involved in preparation of
comprehensive water plans, including identification of pertinent
data and studies available from the state and federal
government;
(3) conduct an active program of information and education
concerning the requirements and purposes of sections 103B.301 to
103B.355 in conjunction with the association of Minnesota
counties;
(4) determine contested cases under section 103B.345;
(5) establish a process for review of comprehensive water
plans that assures the plans are consistent with state law; and
(6) report to the house of representatives and senate
committees with jurisdiction over the environment, natural
resources, and agriculture as required by section 103B.351; and
(7) make grants to counties for comprehensive local water
planning, implementation of priority actions identified in
approved plans, and sealing of abandoned wells.
Sec. 14. Minnesota Statutes 2002, section 103G.245,
subdivision 5, is amended to read:
Subd. 5. [DELEGATION OF PERMIT AUTHORITY TO LOCAL UNITS OF
GOVERNMENT.] (a) The commissioner may delegate public waters
work permit authority to the appropriate county or municipality
or to watershed districts or watershed management organizations
that have elected to assert local authority over protected
waters. The public waters work permit authority must be
delegated under guidelines of the commissioner and the
delegation must be done by agreement with the involved county,
municipality, watershed district, or water management
organization and in compliance with section 103G.315.
(b) For projects affecting public waters wetlands and for
wetland areas of public waters affected by a public
transportation project as determined by the commissioner, the
commissioner may waive the requirement for a public waters work
permit if the local government unit makes a replacement,
no-loss, or exemption determination in compliance with sections
103A.201, 103B.3355, and 103G.222 to 103G.2373 103G.2372, and
rules adopted pursuant to these same sections.
(c) For projects affecting both public waters and wetlands,
the local government unit may, by written agreement with the
commissioner, waive the requirement for a replacement plan,
no-loss, or exemption determination if a public waters work
permit is required and the commissioner includes the provisions
of sections 103A.201, 103B.3355, and 103G.222 to
103G.2373 103G.2372, and rules adopted pursuant to these same
sections in the public waters work permit.
Sec. 15. Minnesota Statutes 2002, section 116J.556, is
amended to read:
116J.556 [LOCAL MATCH REQUIREMENT.]
(a) In order to qualify for a grant under sections 116J.551
to 116J.557, the municipality must pay for at least one-quarter
of the project costs as a local match. The municipality shall
pay an amount of the project costs equal to at least 12 percent
of the cleanup costs from the municipality's general fund, a
property tax levy for that purpose, or other unrestricted money
available to the municipality (excluding tax increments). These
unrestricted moneys may be spent for project costs, other than
cleanup costs, and qualify for the local match payment equal to
12 percent of cleanup costs. The rest of the local match may be
paid with tax increments, regional, state, or federal money
available for the redevelopment of brownfields or any other
money available to the municipality.
(b) If the development authority establishes a tax
increment financing district or hazardous substance subdistrict
on the site to pay for part of the local match requirement, the
district or subdistrict is not subject to the state aid
reductions under section 273.1399. In order to qualify for the
exemption from the state aid reductions, the municipality must
elect, by resolution, on or before the request for certification
is filed that all tax increments from the district or
subdistrict will be used exclusively to pay (1) for project
costs for the site and (2) administrative costs for the district
or subdistrict. the district or subdistrict must be decertified
when an amount of tax increments equal to no more than three
times the costs of implementing the response action plan for the
site and the administrative costs for the district or
subdistrict have been received, after deducting the amount of
the state grant.
Sec. 16. Minnesota Statutes 2002, section 144A.4605,
subdivision 4, is amended to read:
Subd. 4. [LICENSE REQUIRED.] (a) A housing with services
establishment registered under chapter 144D that is required to
obtain a home care license must obtain an assisted living home
care license according to this section or a class A or class E
license according to rule. A housing with services
establishment that obtains a class E license under this
subdivision remains subject to the payment limitations in
sections 256B.0913, subdivision 5, paragraph (h) (g), and
256B.0915, subdivision 3, paragraph (g) (i).
(b) A board and lodging establishment registered for
special services as of December 31, 1996, and also registered as
a housing with services establishment under chapter 144D, must
deliver home care services according to sections 144A.43 to
144A.47, and may apply for a waiver from requirements under
Minnesota Rules, parts 4668.0002 to 4668.0240, to operate a
licensed agency under the standards of section 157.17. Such
waivers as may be granted by the department will expire upon
promulgation of home care rules implementing section 144A.4605.
(c) An adult foster care provider licensed by the
department of human services and registered under chapter 144D
may continue to provide health-related services under its foster
care license until the promulgation of home care rules
implementing this section.
(d) An assisted living home care provider licensed under
this section must comply with the disclosure provisions of
section 325F.72 to the extent they are applicable.
Sec. 17. Minnesota Statutes 2002, section 144E.41, is
amended to read:
144E.41 [PROGRAM ELIGIBILITY; QUALIFIED AMBULANCE SERVICE
PERSONNEL.]
(a) Persons eligible to participate in the ambulance
service personnel longevity award and incentive program are
qualified ambulance service personnel.
(b) Qualified ambulance service personnel are ambulance
attendants, ambulance drivers, and ambulance service medical
directors or medical advisors who meet the following
requirements:
(1) employment of the person by or provision by the person
of service to an ambulance service that is licensed as such by
the state of Minnesota and that provides ambulance services that
are generally available to the public and are free of unfair
discriminatory practices under chapter 363;
(2) performance by the person during the 12 months ending
as of the immediately previous June 30 of all or a predominant
portion of the person's services in the state of Minnesota or on
behalf of Minnesota residents, as verified by August 1 annually
in an affidavit from the chief administrative officer of the
ambulance service;
(3) current certification of the person during the 12
months ending as of the immediately previous June 30 by the
Minnesota department of health board as an ambulance attendant,
ambulance driver, or ambulance service medical director or
medical advisor under section 144E.265 or 144E.28, and
supporting rules, and current active ambulance service
employment or service provision status of the person, as
verified by August 1 annually in an affidavit from the chief
administrative officer of the ambulance service; and
(4) conformance by the person with the definition of the
phrase "volunteer ambulance attendant" under section 144E.001,
subdivision 15, except that for the salary limit specified in
that provision there must be substituted, for purposes of this
section only, a limit of $3,000 for calendar year 1993, and
$3,000 multiplied by the cumulative percentage increase in the
national Consumer Price Index, all items, for urban wage earners
and clerical workers, as published by the federal Department of
Labor, Bureau of Labor Statistics, since December 31, 1993, and
for an ambulance service medical director, conformance based
solely on the person's hourly stipends or salary for service as
a medical director.
(c) The term "active ambulance service employment or
service provision status" means being in good standing with and
on the active roster of the ambulance service making the
certification.
(d) The maximum period of ambulance service employment or
service provision for which a person may receive credit towards
an award under this chapter, including prior service credit
under section 144E.45, subdivision 2, paragraph (c), is 20 years.
(e) For a person who is employed by or provides service to
more than one ambulance service concurrently during any period
during the 12-month period, credit towards an award under this
chapter is limited to one ambulance service during any period.
The creditable period is with the ambulance service for which
the person undertakes the greatest portion of employment or
service hours.
Sec. 18. Minnesota Statutes 2002, section 147A.01,
subdivision 18, is amended to read:
Subd. 18. [PHYSICIAN ASSISTANT OR REGISTERED PHYSICIAN
ASSISTANT.] "Physician assistant" or "registered physician
assistant" means a person registered pursuant to this section
chapter who is qualified by academic or practical training or
both to provide patient services as specified in this chapter,
under the supervision of a supervising physician.
Sec. 19. Minnesota Statutes 2002, section 147A.01,
subdivision 22, is amended to read:
Subd. 22. [REGISTRATION.] "Registration" is the process by
which the board determines that an applicant has been found to
meet the standards and qualifications found in this
section chapter.
Sec. 20. Minnesota Statutes 2002, section 147A.24,
subdivision 2, is amended to read:
Subd. 2. [TYPE OF EDUCATION REQUIRED.] Approved continuing
education is approved if it is equivalent to category 1 credit
hours as defined by the American Osteopathic Association Bureau
of Professional Education, the Royal College of Physicians and
Surgeons of Canada, the American Academy of Physician
Assistants, or by organizations that have reciprocal
arrangements with the physician recognition award program of the
American Medical Association.
Sec. 21. Minnesota Statutes 2002, section 211A.13, is
amended to read:
211A.13 [PROHIBITED TRANSFERS.]
A candidate for political subdivision office must not
accept contributions from the principal campaign committee of a
candidate as defined in section 10A.01, subdivision 5 34. A
candidate for political subdivision office must not make
contributions to a principal campaign committee, unless the
contribution is made from the personal funds of the candidate
for political subdivision office.
Sec. 22. Minnesota Statutes 2002, section 221.021,
subdivision 1, is amended to read:
Subdivision 1. [REGISTRATION CERTIFICATE OR PERMIT
REQUIRED.] No person may operate as a motor carrier or advertise
or otherwise hold out as a motor carrier without a certificate
of registration or permit in effect. A certificate or permit
may be suspended or revoked upon conviction of violating a
provision of sections 221.011 to 221.296 or an order or rule of
the commissioner governing the operation of motor carriers, and
upon a finding by the court that the violation was willful. The
commissioner may, for good cause after a hearing, suspend or
revoke a certificate or permit for a violation of a provision of
sections 221.011 to 221.296 or an order issued or rule
adopted by the commissioner or board under this chapter.
Sec. 23. Minnesota Statutes 2002, section 237.075,
subdivision 8, is amended to read:
Subd. 8. [CHARITABLE CONTRIBUTION.] The commission shall
allow as operating expenses only those 50 percent of the
qualified charitable contributions which the commission deems
prudent and which qualify under section 290.21, subdivision 3,
clause (b) or (e). Only 50 percent of the qualified
contributions shall be allowed as operating expenses for the use
of any community chest, corporation, trust, fund, association,
foundation, or organization, and only as long as the use is
exclusively for religious, charitable, public cemetery,
scientific, literary, artistic, or educational purposes or for
the prevention of cruelty to children or animals. No part of a
charitable contribution may inure to the benefit of any private
stockholder or individual.
Sec. 24. Minnesota Statutes 2002, section 244.13,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] The commissioner of
corrections shall establish programs for those designated by the
commissioner to serve all or part of a sentence on intensive
community supervision or all or part of a supervised release or
parole term on intensive supervised release. The adoption and
modification of policies and procedures to implement sections
244.05, subdivision 6, and 244.12 to 244.15 are not subject to
the rulemaking procedures of chapter 14 because these policies
and procedures are excluded from the definition of a rule under
section 14.03, subdivision 3, paragraph (b), clause (2) (1).
The commissioner shall locate the programs so that at least
one-half of the money appropriated for the programs in each year
is used for programs in Community Corrections Act counties. In
awarding contracts for intensive supervision programs in
Community Corrections Act counties, the commissioner shall give
first priority to programs that utilize county employees as
intensive supervision agents and shall give second priority to
programs that utilize state employees as intensive supervision
agents. The commissioner may award contracts to other providers
in Community Corrections Act counties only if doing so will
result in a significant cost savings or a significant increase
in the quality of services provided, and only after notifying
the chairs of the committees in the senate and house of
representatives with jurisdiction over criminal justice policy.
Sec. 25. Minnesota Statutes 2002, section 260B.163,
subdivision 4, is amended to read:
Subd. 4. [APPOINTMENT OF COUNSEL.] (a) The child, parent,
guardian or custodian has the right to effective assistance of
counsel in connection with a proceeding in juvenile court. This
right does not apply to a child who is charged with a juvenile
petty offense as defined in section 260B.007, subdivision 15 16,
unless the child is charged with a third or subsequent juvenile
alcohol or controlled substance offense and may be subject to
the alternative disposition described in section 260B.235,
subdivision 6.
(b) The court shall appoint counsel, or stand-by counsel if
the child waives the right to counsel, for a child who is:
(1) charged by delinquency petition with a gross
misdemeanor or felony offense; or
(2) the subject of a delinquency proceeding in which
out-of-home placement has been proposed.
(c) If they desire counsel but are unable to employ it, the
court shall appoint counsel to represent the child or the
parents or guardian in any case in which it feels that such an
appointment is appropriate, except a juvenile petty offender who
does not have the right to counsel under paragraph (a).
(d) Counsel for the child shall not also act as the child's
guardian ad litem.
Sec. 26. Minnesota Statutes 2002, section 260C.007,
subdivision 5, is amended to read:
Subd. 5. [CHILD ABUSE.] "Child abuse" means an act that
involves a minor victim and that constitutes a violation of
section 609.221, 609.222, 609.223, 609.224, 609.2242, 609.322,
609.323, 609.324, 609.342, 609.343, 609.344, 609.345, 609.377,
609.378, 617.246, or an act committed in another state that
involves a minor victim and would constitute a violation of one
of these sections if committed in this state.
Sec. 27. Minnesota Statutes 2002, section 260C.175,
subdivision 1, is amended to read:
Subdivision 1. [IMMEDIATE CUSTODY.] No child may be taken
into immediate custody except:
(a) with an order issued by the court in accordance with
the provisions of section 260C.151, subdivision 5 6, or Laws
1997, chapter 239, article 10, section 10, paragraph (a), clause
(3), or 12, paragraph (a), clause (3), or by a warrant issued in
accordance with the provisions of section 260C.154;
(b) by a peace officer:
(1) when a child has run away from a parent, guardian, or
custodian, or when the peace officer reasonably believes the
child has run away from a parent, guardian, or custodian; or
(2) when a child is found in surroundings or conditions
which endanger the child's health or welfare or which such peace
officer reasonably believes will endanger the child's health or
welfare. If an Indian child is a resident of a reservation or
is domiciled on a reservation but temporarily located off the
reservation, the taking of the child into custody under this
clause shall be consistent with the Indian Child Welfare Act of
1978, United States Code, title 25, section 1922;
(c) by a peace officer or probation or parole officer when
it is reasonably believed that the child has violated the terms
of probation, parole, or other field supervision; or
(d) by a peace officer or probation officer under section
260C.143, subdivision 1 or 4.
Sec. 28. Minnesota Statutes 2002, section 270.67,
subdivision 2, is amended to read:
Subd. 2. [EXTENSION AGREEMENTS.] When any portion of any
tax payable to the commissioner of revenue together with
interest and penalty thereon, if any, has not been paid, the
commissioner may extend the time for payment for a further
period. When the authority of this section is invoked, the
extension shall be evidenced by written agreement signed by the
taxpayer and the commissioner, stating the amount of the tax
with penalty and interest, if any, and providing for the payment
of the amount in installments. The agreement may contain a
confession of judgment for the amount and for any unpaid portion
thereof and shall. If the agreement contains a confession of
judgment, the confession of judgment must provide that the
commissioner may forthwith enter judgment against the taxpayer
in the district court of the county of residence as shown upon
the taxpayer's tax return for the unpaid portion of the amount
specified in the extension agreement. The agreement shall
provide that it can be terminated, after notice by the
commissioner, if information provided by the taxpayer prior to
the agreement was inaccurate or incomplete, collection of the
tax covered by the agreement is in jeopardy, there is a
subsequent change in the taxpayer's financial condition, the
taxpayer has failed to make a payment due under the agreement,
or the taxpayer has failed to pay any other tax or file a tax
return coming due after the agreement. The notice must be given
at least 14 calendar days prior to termination, and shall advise
the taxpayer of the right to request a reconsideration from the
commissioner of whether termination is reasonable and
appropriate under the circumstances. A request for
reconsideration does not stay collection action beyond the
14-day notice period. If the commissioner has reason to believe
that collection of the tax covered by the agreement is in
jeopardy, the commissioner may proceed under sections 270.70,
subdivision 2, paragraph (b), and 270.274, and terminate the
agreement without regard to the 14-day period. The commissioner
may accept other collateral the commissioner considers
appropriate to secure satisfaction of the tax liability. The
principal sum specified in the agreement shall bear interest at
the rate specified in section 270.75 on all unpaid portions
thereof until the same has been fully paid or the unpaid portion
thereof has been entered as a judgment. The judgment shall bear
interest at the rate specified in section 270.75. If it appears
to the commissioner that the tax reported by the taxpayer is in
excess of the amount actually owing by the taxpayer, the
extension agreement or the judgment entered pursuant thereto
shall be corrected. If after making the extension agreement or
entering judgment with respect thereto, the commissioner
determines that the tax as reported by the taxpayer is less than
the amount actually due, the commissioner shall assess a further
tax in accordance with the provisions of law applicable to the
tax. The authority granted to the commissioner by this section
is in addition to any other authority granted to the
commissioner by law to extend the time of payment or the time
for filing a return and shall not be construed in limitation
thereof.
Sec. 29. Minnesota Statutes 2002, section 270B.03,
subdivision 6, is amended to read:
Subd. 6. [INVESTIGATIVE DATA.] For purposes of any law
administered by the department of revenue, including laws not
listed in section 270B.01, subdivision 8, investigative data
collected or created by the department of revenue in order to
prepare a case against a person, whether known or unknown, for
the commission of a crime is confidential or protected nonpublic
during an investigation. When the investigation becomes
inactive, as defined in section 13.82, subdivision 5 7, the data
is private or nonpublic.
Sec. 30. Minnesota Statutes 2002, section 273.1106, is
amended to read:
273.1106 [REPORT TO LEGISLATURE; LIMITED MARKET VALUE;
VALUATION EXCLUSION.]
By March 1 of each year, the commissioner of revenue shall
make a report to the legislature on the use of limited market
value under section 273.13 273.11, subdivision 1a, and the
valuation exclusion under section 273.13 273.11, subdivision 16.
For the limited market value provision, the report shall include
the total value excluded from taxation by type of property for
each city and town. For the valuation exclusion provision, the
report shall include the total market value excluded from
taxation for each city and town, as well as a breakdown of the
excluded improvement amounts by age and value of the property
being improved and the amount of the qualifying improvement.
The county assessors shall provide the information necessary for
the commissioner to compile the report in a manner prescribed by
the commissioner.
Sec. 31. Minnesota Statutes 2002, section 290.0802,
subdivision 2, is amended to read:
Subd. 2. [SUBTRACTION.] (a) A qualified individual is
allowed a subtraction from federal taxable income of the
individual's subtraction base amount. The excess of the
subtraction base amount over the taxable net income computed
without regard to the subtraction for the elderly or disabled
under section 290.01, subdivision 19b, clause (5) (4), may be
used to reduce the amount of a lump sum distribution subject to
tax under section 290.032.
(b)(1) The initial subtraction base amount equals
(i) $12,000 for a married taxpayer filing a joint return if
a spouse is a qualified individual,
(ii) $9,600 for a single taxpayer, and
(iii) $6,000 for a married taxpayer filing a separate
federal return.
(2) The qualified individual's initial subtraction base
amount, then, must be reduced by the sum of nontaxable
retirement and disability benefits and one-half of the amount of
adjusted gross income in excess of the following thresholds:
(i) $18,000 for a married taxpayer filing a joint return if
both spouses are qualified individuals,
(ii) $14,500 for a single taxpayer or for a married couple
filing a joint return if only one spouse is a qualified
individual, and
(iii) $9,000 for a married taxpayer filing a separate
federal return.
(3) In the case of a qualified individual who is under the
age of 65, the maximum amount of the subtraction base may not
exceed the taxpayer's disability income.
(4) The resulting amount is the subtraction base amount.
Sec. 32. Minnesota Statutes 2002, section 290.9727,
subdivision 3, is amended to read:
Subd. 3. [TAXABLE NET INCOME.] For purposes of this
section, taxable net income means the lesser of:
(1) the recognized built-in gains of the S corporation for
the taxable year, as determined under section 1374 of the
Internal Revenue Code, subject to the modifications provided in
section 290.01, subdivision 19f, that are allocable to this
state under section 290.17, 290.191, or 290.20; or
(2) the amount of the S corporation's federal taxable
income, as determined under section 1374(d)(4) of the Internal
Revenue Code, subject to the provisions of section 290.01,
subdivisions 19c to 19f, that is allocable to this state under
section 290.17, 290.191, or 290.20, less the deduction for
charitable contributions in section 290.21, subdivision 3.
Sec. 33. Minnesota Statutes 2002, section 290.9728,
subdivision 2, is amended to read:
Subd. 2. [TAXABLE INCOME.] For purposes of this section,
taxable income means the lesser of:
(1) the amount of the net capital gain of the S corporation
for the taxable year, as determined under sections 1222 and 1374
of the Internal Revenue Code, and subject to the modifications
provided in section 290.01, subdivisions 19e and 19f, in excess
of $25,000 that is allocable to this state under section 290.17,
290.191, or 290.20; or
(2) the amount of the S corporation's federal taxable
income, subject to the provisions of section 290.01,
subdivisions 19c to 19f, that is allocable to this state under
section 290.17, 290.191, or 290.20, less the deduction for
charitable contributions in section 290.21, subdivision 3.
Sec. 34. Minnesota Statutes 2002, section 290.9729,
subdivision 2, is amended to read:
Subd. 2. [TAXABLE INCOME.] For the purposes of this
section, taxable income means the lesser of:
(1) the amount of the S corporation's excess net passive
income, as determined under section 1375 of the Internal Revenue
Code, subject to the provisions of section 290.01, subdivisions
19c to 19f, that is allocable to this state under section
290.17, 290.191, or 290.20; or
(2) the amount of the S corporation's federal taxable
income, as determined under section 1374(d)(4) of the Internal
Revenue Code, subject to the provisions of section 290.01,
subdivisions 19c to 19f, that is allocable to this state under
section 290.17, 290.191, or 290.20, less the deduction for
charitable contributions in section 290.21, subdivision 3.
Sec. 35. Minnesota Statutes 2002, section 297A.70,
subdivision 7, is amended to read:
Subd. 7. [HOSPITALS AND OUTPATIENT SURGICAL CENTERS.] (a)
Sales, except for those listed in paragraph (c), to a hospital
are exempt, if the items purchased are used in providing
hospital services. For purposes of this subdivision, "hospital"
means a hospital organized and operated for charitable purposes
within the meaning of section 501(c)(3) of the Internal Revenue
Code, and licensed under chapter 144 or by any other
jurisdiction, and "hospital services" are services authorized or
required to be performed by a "hospital" under chapter 144.
(b) Sales, except for those listed in paragraph (c), to an
outpatient surgical center are exempt, if the items purchased
are used in providing outpatient surgical services. For
purposes of this subdivision, "outpatient surgical center" means
an outpatient surgical center organized and operated for
charitable purposes within the meaning of section 501(c)(3) of
the Internal Revenue Code, and licensed under chapter 144 or by
any other jurisdiction. For the purposes of this subdivision,
"outpatient surgical services" means: (1) services authorized
or required to be performed by an outpatient surgical center
under chapter 144; and (2) urgent care. For purposes of this
subdivision, "urgent care" means health services furnished to a
person whose medical condition is sufficiently acute to require
treatment unavailable through, or inappropriate to be provided
by, a clinic or physician's office, but not so acute as to
require treatment in a hospital emergency room.
(c) This exemption does not apply to the following products
and services:
(1) purchases made by a clinic, physician's office, or any
other medical facility not operating as a hospital or outpatient
surgical center, even though the clinic, office, or facility may
be owned and operated by a hospital or outpatient surgical
center;
(2) sales under section 297A.61, subdivisions 3, paragraph
(d), and 16, paragraph (c) paragraphs (d) and (g), clause (2);
(3) building and construction materials used in
constructing buildings or facilities that will not be used
principally by the hospital or outpatient surgical center;
(4) building, construction, or reconstruction materials
purchased by a contractor or a subcontractor as a part of a
lump-sum contract or similar type of contract with a guaranteed
maximum price covering both labor and materials for use in the
construction, alteration, or repair of a hospital or outpatient
surgical center; or
(5) the leasing of a motor vehicle as defined in section
297B.01, subdivision 5.
(d) A limited liability company also qualifies for
exemption under this subdivision if (1) it consists of a sole
member that would qualify for the exemption, and (2) the items
purchased qualify for the exemption.
Sec. 36. Minnesota Statutes 2002, section 317A.443,
subdivision 2, is amended to read:
Subd. 2. [METHODS.] Unless otherwise provided in the
articles or bylaws, members may take action at a meeting by
voice or ballot, by unanimous action without a meeting under
section 317A.445, by written ballot under section 317A.447, or
by electronic communication under section 317A.449 317A.450.
Sec. 37. Minnesota Statutes 2002, section 322B.960,
subdivision 4, is amended to read:
Subd. 4. [PENALTY.] (a) A domestic limited liability
company that has not filed a registration pursuant to the
requirements of subdivision 3 2, is administratively terminated.
The secretary of state shall issue a certificate of
administrative termination which must be filed in the office of
the secretary of state. The secretary of state must also make
available in an electronic format the names of the terminated
limited liability companies.
(b) A non-Minnesota limited liability company that has not
filed a registration pursuant to the requirements of subdivision
3 2, shall have its authority to do business in Minnesota
revoked. The secretary of state must issue a certificate of
revocation which must be filed in the office of the secretary of
state. The secretary of state must also make available in an
electronic format the names of the revoked non-Minnesota limited
liability companies.
Sec. 38. Minnesota Statutes 2002, section 325E.26,
subdivision 4, is amended to read:
Subd. 4. [COMMERCIAL TELEPHONE SOLICITATION.] "Commercial
telephone solicitation" means any unsolicited call to a
residential subscriber when the person initiating the call has
not had a prior business or personal relationship with the
subscriber, and when the purpose of the call is to solicit the
purchase or the consideration of purchase of goods or services
by the subscriber. Commercial telephone solicitation does not
include calls initiated by organizations listed in Minnesota
Statutes 2000, section 290.21, subdivision 3, clauses (a) to (e).
Sec. 39. Minnesota Statutes 2002, section 354A.31,
subdivision 6, is amended to read:
Subd. 6. [REDUCED RETIREMENT ANNUITY.] This subdivision
applies only to a person who first became a coordinated member
or a member of a pension fund listed in section 356.30,
subdivision 3, before July 1, 1989, and whose annuity is higher
when calculated using the retirement annuity formula percentage
in subdivision 4, paragraph (b) (c), or subdivision 4a,
paragraph (c), in conjunction with this subdivision than when
calculated under subdivision 4, paragraph (c) (d), or
subdivision 4a, paragraph (d), in conjunction with subdivision 7.
(a) Upon retirement at an age before normal retirement age
with three years of service credit or prior to age 62 with at
least 30 years of service credit, a coordinated member shall be
entitled to a retirement annuity in an amount equal to the
normal retirement annuity calculated using the retirement
annuity formula percentage in subdivision 4, paragraph (b) (c),
or subdivision 4a, paragraph (c), reduced by one-quarter of one
percent for each month that the coordinated member is under
normal retirement age if the coordinated member has less than 30
years of service credit or is under the age of 62 if the
coordinated member has at least 30 years of service credit.
(b) Any coordinated member whose attained age plus credited
allowable service totals 90 years is entitled, upon application,
to a retirement annuity in an amount equal to the normal
retirement annuity calculated using the retirement annuity
formula percentage in subdivision 4, paragraph (b) (c), or
subdivision 4a, paragraph (c), without any reduction by reason
of early retirement.
Sec. 40. Minnesota Statutes 2002, section 354A.31,
subdivision 7, is amended to read:
Subd. 7. [ACTUARIAL REDUCTION FOR EARLY RETIREMENT.] This
subdivision applies to a person who has become at least 55 years
old and first becomes a coordinated member after June 30, 1989,
and to any other coordinated member who has become at least 55
years old and whose annuity is higher when calculated using the
retirement annuity formula percentage in subdivision 4,
paragraph (c) (d), and subdivision 4a, paragraph (d), in
conjunction with this subdivision than when calculated under
subdivision 4, paragraph (b) (c), or subdivision 4a, paragraph
(c), in conjunction with subdivision 6. A coordinated member
who retires before the full benefit age shall be paid the
retirement annuity calculated using the retirement annuity
formula percentage in subdivision 4, paragraph (c) (d), or
subdivision 4a, paragraph (d), reduced so that the reduced
annuity is the actuarial equivalent of the annuity that would be
payable to the member if the member deferred receipt of the
annuity and the annuity amount were augmented at an annual rate
of three percent compounded annually from the day the annuity
begins to accrue until the normal retirement age.
Sec. 41. Minnesota Statutes 2002, section 356.46,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] As used in this section,
each of the following terms shall have the meaning given.
(a) "Annuity form" means the payment procedure and duration
of a retirement annuity or disability benefit available to a
member of a public pension fund, based on the period over which
a retirement annuity or disability benefit is payable,
determined by the number of persons to whom the retirement
annuity or disability benefit is payable, and the amount of the
retirement annuity or disability benefit which is payable to
each person.
(b) "Joint and survivor optional annuity" means an optional
annuity form which provides a retirement annuity or disability
benefit to a retired member and the spouse of the member on a
joint basis during the lifetime of the retired member and all or
a portion of the original retirement annuity or disability
benefit amount to the surviving spouse in the event of the death
of the retired member.
(c) "Optional annuity form" means an annuity form which is
elected by a member and is not provided automatically as the
standard annuity form of the public pension plan.
(d) "Public pension plan" means a public pension plan as
defined under section 356.615 356.63, paragraph (b).
(e) "Retirement annuity" means a series of monthly payments
to which a former or retired member of a public pension fund is
entitled due to attaining a specified age and acquiring credit
for a specified period of service, which includes a retirement
annuity, retirement allowance, or service pension.
(f) "Disability benefit" means a series of monthly payments
to which a former or disabled member of a public pension fund is
entitled due to a physical or mental inability to engage in
specified employment.
Sec. 42. Minnesota Statutes 2002, section 356.62, is
amended to read:
356.62 [PAYMENT OF EMPLOYEE CONTRIBUTION.]
(a) For purposes of any public pension plan, as defined in
section 356.615 356.63, 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 under 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 must be treated as employer contributions in
determining tax treatment under 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.
(b) Employee contributions that are picked up must 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 must 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.
(c) For any calendar year in which withholding has been
reduced under 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 must 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 must apply to the extent
not inconsistent with the provisions of this section.
Sec. 43. Minnesota Statutes 2002, section 469.057,
subdivision 2, is amended to read:
Subd. 2. [SEAPORT CONTROL LIMITED.] Neither the department
of public service nor a successor agency, if any, has no
jurisdiction over a seaway port authority for the following
matters to the extent they are connected with handling
interstate commerce:
(1) charges for stevedoring of vessels;
(2) receiving and delivering cargo for vessels;
(3) car and truck unloading and loading cargo for vessels;
(4) watching cargo for vessels;
(5) charges to vessels for use of facilities;
(6) charges against railroad, trucking companies or
shippers for use of facilities; and
(7) delivery and warehouse charges for cargo to and from
and in warehouses on seaway port authority property.
Sec. 44. Laws 1997, chapter 203, article 9, section 21, as
amended by Laws 1998, chapter 407, article 6, section 111, Laws
2000, chapter 488, article 10, section 28, and Laws 2001 First
Special Session chapter 9, article 10, section 62, is amended to
read:
Sec. 21. [INELIGIBILITY FOR STATE FUNDED PROGRAMS.]
(a) Effective on the date specified, the following persons
will be ineligible for general assistance and general assistance
medical care under Minnesota Statutes, chapter 256D, group
residential housing under Minnesota Statutes, chapter 256I, and
MFIP assistance under Minnesota Statutes, chapter 256J, funded
with state money:
(1) Beginning July 1, 2002, persons who are terminated from
or denied Supplemental Security Income due to the 1996 changes
in the federal law making persons whose alcohol or drug
addiction is a material factor contributing to the person's
disability ineligible for Supplemental Security Income, and are
eligible for general assistance under Minnesota Statutes,
section 256D.05, subdivision 1, paragraph (a), clause (15),
general assistance medical care under Minnesota Statutes,
chapter 256D, or group residential housing under Minnesota
Statutes, chapter 256I;
(2) Beginning July 1, 2002 2003, legal noncitizens who are
ineligible for Supplemental Security Income due to the 1996
changes in federal law making certain noncitizens ineligible for
these programs due to their noncitizen status; and
(3) Beginning July 1, 2003, legal noncitizens who are
eligible for MFIP assistance, either the cash assistance portion
or the food assistance portion, funded entirely with state money.
(b) State money that remains unspent due to changes in
federal law enacted after May 12, 1997, that reduce state
spending for legal noncitizens or for persons whose alcohol or
drug addiction is a material factor contributing to the person's
disability, or enacted after February 1, 1998, that reduce state
spending for food benefits for legal noncitizens shall not
cancel and shall be deposited in the TANF reserve account.
[EFFECTIVE DATE.] This section is effective retroactive to
July 1, 2001.
Sec. 45. [REPEALERS; OBSOLETE OR REDUNDANT LANGUAGE;
TECHNICAL CONFLICTS.]
Subdivision 1. [OBSOLETE DISTRICTS.] Minnesota Statutes
2002, sections 2.043; 2.053; 2.063; 2.073; 2.083; 2.093; 2.103;
2.113; 2.123; 2.133; 2.143; 2.153; 2.163; 2.173; 2.183; 2.193;
2.203; 2.213; 2.223; 2.233; 2.243; 2.253; 2.263; 2.273; 2.283;
2.293; 2.303; 2.313; 2.323; 2.333; 2.343; 2.353; 2.363; 2.373;
2.383; 2.393; 2.403; 2.413; 2.423; 2.433; 2.443; 2.453; 2.463;
2.473; 2.483; 2.493; 2.503; 2.513; 2.523; 2.533; 2.543; 2.553;
2.563; 2.573; 2.583; 2.593; 2.603; 2.613; 2.623; 2.633; 2.643;
2.653; 2.663; 2.673; 2.683; 2.693; 2.703; 2.742; 2.752; 2.762;
2.772; 2.782; 2.792; 2.802; and 2.812, are repealed.
Subd. 2. [OBSOLETE ARMORED CARRIER PROVISIONS.] Minnesota
Statutes 2002, sections 221.121, subdivision 6g, and 221.153,
subdivision 3, are repealed.
Subd. 3. [REDUNDANT SECTION.] Minnesota Statutes 2002,
section 356.58, is repealed.
Subd. 4. [OBSOLETE REPORT.] Minnesota Statutes 2002,
section 609.668, subdivision 7, is repealed.
Subd. 5. [CONFLICT; FIRE AND POLICE INSURANCE LANGUAGE.]
Laws 1997, chapter 233, article 1, section 12, is repealed.
Subd. 6. [CONFLICT; REGISTRATION FORM; DOMESTIC LIMITED
LIABILITY COMPANY.] Laws 2000, chapter 395, section 13,
subdivision 3, is repealed effective January 1, 2001.
Subd. 7. [CONFLICT; AGRICULTURAL LIENS.] Laws 2001,
chapter 195, article 2, section 35, is repealed.
Subd. 8. [REDUNDANT SOCIAL SECURITY DEFINITION.] Laws
2002, chapter 243, section 2, is repealed.
Subd. 9. [CONFLICT; WORKERS' COMPENSATION INSURANCE
LANGUAGE.] Laws 2002, chapter 374, article 8, section 2, is
repealed.
Subd. 10. [CONFLICT; REDEVELOPMENT PROJECTS
LANGUAGE.] Laws 2002, chapter 380, article 4, section 1, is
repealed.
Subd. 11. [CONFLICT; STATE RETIREMENT SYSTEMS
LANGUAGE.] Laws 2002, chapter 392, article 12, section 1, is
repealed.
Subd. 12. [OBSOLETE BOARD OF BOXING RULES.] Minnesota
Rules, parts 2200.0100; 2200.0200; 2200.0300; 2200.0400;
2200.0500; 2200.0600; 2200.0700; 2200.0800; 2200.0900;
2200.1000; 2200.1100; 2200.1200; 2200.1300; 2200.1400;
2200.1500; 2200.1600; 2200.1700; 2200.1800; 2200.1900;
2200.2000; 2200.2100; 2200.3100; 2200.3200; 2200.3300;
2200.3410; 2200.3500; 2200.3600; 2200.3700; 2200.3800;
2200.3900; 2200.4000; 2200.4100; 2200.4200; 2200.4300;
2200.4400; 2200.5000; 2200.5100; 2200.5200; 2200.5300;
2200.5310; 2200.5400; 2200.5500; 2200.6000; 2200.6100;
2200.6200; 2200.6300; 2200.6400; 2200.6500; 2200.6600;
2200.6700; 2200.6800; 2200.6900; 2200.7000; 2200.7100;
2200.7200; 2200.7300; 2200.7400; 2200.7500; 2200.7600;
2200.7700; 2200.7800; 2200.7900; 2200.8000; 2200.8100;
2200.8200; 2200.8300; 2200.8400; 2200.8500; 2200.9000;
2200.9100; 2200.9200; 2200.9300; 2200.9400; 2200.9500;
2200.9600; 2200.9700; 2200.9800; 2205.0100; 2205.0200;
2205.0300; 2205.0400; 2205.0500; 2205.0600; 2205.0700;
2205.0800; 2205.0900; 2205.1000; 2205.1100; 2205.1200;
2205.1300; 2205.1400; and 2205.1500, are repealed.
Subd. 13. [OBSOLETE HIGHER EDUCATION RULES.] Minnesota
Rules, parts 4830.6000; 4830.6100; 4830.6200; 4830.6300; and
4830.6400, are repealed.
Subd. 14. [REVISOR INSTRUCTION; OBSOLETE DNR FORMS.]
Minnesota Rules, part 6100.6000, is repealed. The revisor of
statutes shall delete references to part 6100.6000 found in
Minnesota Rules.
ARTICLE 2
OBSOLETE LANDLORD-TENANT TERMINOLOGY
Section 1. Minnesota Statutes 2002, section 13.585,
subdivision 2, is amended to read:
Subd. 2. [CONFIDENTIAL DATA.] The following data on
individuals maintained by the housing agency are classified as
confidential data, pursuant to section 13.02, subdivision 3:
correspondence between the agency and the agency's attorney
containing data collected as part of an active investigation
undertaken for the purpose of the commencement or defense of
potential or actual litigation, including but not limited to:
referrals to the office of the inspector general or other
prosecuting agencies for possible prosecution for fraud;
initiation of lease terminations and unlawful detainer eviction
actions; admission denial hearings concerning prospective
tenants; commencement of actions against independent contractors
of the agency; and tenant grievance hearings.
Sec. 2. Minnesota Statutes 2002, section 256B.501,
subdivision 11, is amended to read:
Subd. 11. [INVESTMENT PER BED LIMITS, INTEREST EXPENSE
LIMITATIONS, AND ARM'S-LENGTH LEASES.] (a) The provisions of
Minnesota Rules, part 9553.0075, except as modified under this
subdivision, shall apply to newly constructed or established
facilities that are certified for medical assistance on or after
May 1, 1990.
(b) For purposes of establishing payment rates under this
subdivision and Minnesota Rules, parts 9553.0010 to 9553.0080,
the term "newly constructed or newly established" means a
facility (1) for which a need determination has been approved by
the commissioner under sections 252.28 and 252.291; (2) whose
program is newly licensed under Minnesota Rules, parts 9525.0215
to 9525.0355, and certified under Code of Federal Regulations,
title 42, section 442.400, et seq.; and (3) that is part of a
proposal that meets the requirements of section 252.291,
subdivision 2, paragraph (2). The term does not include a
facility for which a need determination was granted solely for
other reasons such as the relocation of a facility; a change in
the facility's name, program, number of beds, type of beds, or
ownership; or the sale of a facility, unless the relocation of a
facility to one or more service sites is the result of a closure
of a facility under section 252.292, in which case clause (3)
shall not apply. The term does include a facility that converts
more than 50 percent of its licensed beds from class A to class
B residential or class B institutional to serve persons
discharged from state regional treatment centers on or after May
1, 1990, in which case clause (3) does not apply.
(c) Newly constructed or newly established facilities that
are certified for medical assistance on or after May 1, 1990,
shall be allowed the capital asset investment per bed limits as
provided in clauses (1) to (4).
(1) The 1990 calendar year investment per bed limit for a
facility's land must not exceed $5,700 per bed for newly
constructed or newly established facilities in Hennepin, Ramsey,
Anoka, Washington, Dakota, Scott, Carver, Chisago, Isanti,
Wright, Benton, Sherburne, Stearns, St. Louis, Clay, and Olmsted
counties, and must not exceed $3,000 per bed for newly
constructed or newly established facilities in other counties.
(2) The 1990 calendar year investment per bed limit for a
facility's depreciable capital assets must not exceed $44,800
for class B residential beds, and $45,200 for class B
institutional beds.
(3) The investment per bed limit in clause (2) must not be
used in determining the three-year average percentage increase
adjustment in Minnesota Rules, part 9553.0060, subpart 1, item
C, subitem (4), for facilities that were newly constructed or
newly established before May 1, 1990.
(4) The investment per bed limits in clause (2) and
Minnesota Rules, part 9553.0060, subpart 1, item C, subitem (2)
shall be adjusted annually beginning January 1, 1991, and each
January 1 following, as provided in Minnesota Rules, part
9553.0060, subpart 1, item C, subitem (2), except that the index
utilized will be the Bureau of the Census: Composite
fixed-weighted price index as published in the Survey of Current
Business.
(d) A newly constructed or newly established facility's
interest expense limitation as provided for in Minnesota Rules,
part 9553.0060, subpart 3, item F, on capital debt for capital
assets acquired during the interim or settle-up period, shall be
increased by 2.5 percentage points for each full .25 percentage
points that the facility's interest rate on its mortgage is
below the maximum interest rate as established in Minnesota
Rules, part 9553.0060, subpart 2, item A, subitem (2). For all
following rate periods, the interest expense limitation on
capital debt in Minnesota Rules, part 9553.0060, subpart 3, item
F, shall apply to the facility's capital assets acquired,
leased, or constructed after the interim or settle-up period.
If a newly constructed or newly established facility is acquired
by the state, the limitations of this paragraph and Minnesota
Rules, part 9553.0060, subpart 3, item F, shall not apply.
(e) If a newly constructed or newly established facility is
leased with an arm's-length lease as provided for in Minnesota
Rules, part 9553.0060, subpart 7, the lease agreement shall be
subject to the following conditions:
(1) the term of the lease, including option periods, must
not be less than 20 years;
(2) the maximum interest rate used in determining the
present value of the lease must not exceed the lesser of the
interest rate limitation in Minnesota Rules, part 9553.0060,
subpart 2, item A, subitem (2), or 16 percent; and
(3) the residual value used in determining the net present
value of the lease must be established using the provisions of
Minnesota Rules, part 9553.0060.
(f) All leases of the physical plant of an intermediate
care facility for the mentally retarded shall contain a clause
that requires the owner to give the commissioner notice of any
requests or orders to vacate the premises 90 days before such
vacation of the premises is to take place. In the case of
unlawful detainer eviction actions, the owner shall notify the
commissioner within three days of notice of an unlawful detainer
eviction action being served upon the tenant. The only
exception to this notice requirement is in the case of
emergencies where immediate vacation of the premises is
necessary to assure the safety and welfare of the residents. In
such an emergency situation, the owner shall give the
commissioner notice of the request to vacate at the time the
owner of the property is aware that the vacating of the premises
is necessary. This section applies to all leases entered into
after May 1, 1990. Rentals set in leases entered into after
that date that do not contain this clause are not allowable
costs for purposes of medical assistance reimbursement.
(g) A newly constructed or newly established facility's
preopening costs are subject to the provisions of Minnesota
Rules, part 9553.0035, subpart 12, and must be limited to only
those costs incurred during one of the following periods,
whichever is shorter:
(1) between the date the commissioner approves the
facility's need determination and 30 days before the date the
facility is certified for medical assistance; or
(2) the 12-month period immediately preceding the 30 days
before the date the facility is certified for medical assistance.
(h) The development of any newly constructed or newly
established facility as defined in this subdivision and
projected to be operational after July 1, 1991, by the
commissioner of human services shall be delayed until July 1,
1993, except for those facilities authorized by the commissioner
as a result of a closure of a facility according to section
252.292 prior to January 1, 1991, or those facilities developed
as a result of a receivership of a facility according to section
245A.12. This paragraph does not apply to state-operated
community facilities authorized in section 252.50.
Sec. 3. Minnesota Statutes 2002, section 325G.34,
subdivision 4, is amended to read:
Subd. 4. [LIMITS ON CONSUMER ACTIONS.] Violation of
section 325G.31 is not a defense to a claim arising from a
consumer's breach of a consumer contract or to an action for
unlawful detainer eviction. A consumer may recover actual
damages caused by a violation of section 325G.31 only if the
violation caused the consumer to be substantially confused about
the rights, obligations or remedies of the contract.
Sec. 4. Minnesota Statutes 2002, section 327C.07,
subdivision 7, is amended to read:
Subd. 7. [REPOSSESSING FINANCE PARTIES.] Any holder of a
security interest who repossesses a manufactured home located in
a park has the same rights as a resident to sell the home
through an in park sale if:
(a) as soon as the secured party either accepts voluntary
repossession or takes any action pursuant to sections 327.61 to
327.67, the secured party notifies the park owner that the home
has been or is being repossessed;
(b) at the time the park owner receives the notice, the
park owner has not already recovered possession of the lot
through an unlawful detainer eviction proceeding;
(c) the secured party pays any past due lot rent not to
exceed three months rent;
(d) the secured party makes monthly lot rent payments until
a buyer of the repossessed home has been approved by the park
owner as a resident. A secured party's liability for past due
rent under this subdivision does not include late fees or other
charges; and
(e) the secured party complies with all park rules relating
to lot and home maintenance.
A secured party who is offering a home for in park sale
under this subdivision is subject to eviction on the same
grounds as a resident.
Sec. 5. Minnesota Statutes 2002, section 487.17, is
amended to read:
487.17 [FORCIBLE ENTRY AND UNLAWFUL DETAINER EVICTION.]
Whether or not title to real estate is involved, the county
court has jurisdiction of actions of forcible entry and unlawful
detainer eviction or actions for unlawful removal or exclusion
pursuant to section 504B.375, involving land located wholly or
partly within the county court district and of actions seeking
relief for code violations pursuant to sections 504B.185 and
504B.381 to 504B.471 involving premises located wholly or partly
within the county court district.
Sec. 6. Minnesota Statutes 2002, section 487.24, is
amended to read:
487.24 [FORCIBLE ENTRY AND UNLAWFUL DETAINER EVICTION
ACTIONS.]
Subdivision 1. [RETURN DAYS.] Return days for forcible
entry and unlawful detainer eviction actions may be fixed by
rule promulgated by the court.
Subd. 2. [PROCEDURE; FORMS.] Sections 504B.281 to 504B.371
apply to the county court. The forms therein prescribed, with
appropriate modifications, may be used.
Subd. 3. [DEFAULT JUDGMENTS.] Whenever a duly verified
complaint in an action of forcible entry or unlawful detainer
eviction shows one of the causes of action set forth in section
504B.285, and on the return day of the summons the defendant
does not appear, the judge of the county court, upon proof of
the due service of the summons, may find the defendant in
default and file an order for judgment accordingly.
Sec. 7. Minnesota Statutes 2002, section 488A.01,
subdivision 5, is amended to read:
Subd. 5. [FORCIBLE ENTRY AND UNLAWFUL DETAINER EVICTION OR
UNLAWFUL REMOVAL OR EXCLUSION.] Whether or not the title to real
estate is involved, the court has jurisdiction of actions
of forcible entry and unlawful detainer eviction or actions for
unlawful removal or exclusion pursuant to section 504B.375,
involving land located wholly or in part within Hennepin county
and, notwithstanding any provision of subdivision 7 to the
contrary, of actions seeking relief for code violations pursuant
to sections 504B.185 and 504B.381 to 504B.471 involving premises
located wholly or partly within Hennepin county.
Sec. 8. Minnesota Statutes 2002, section 488A.03,
subdivision 11, is amended to read:
Subd. 11. [FEES PAYABLE TO ADMINISTRATOR.] (a) The civil
fees payable to the administrator for services are the same in
amount as the fees then payable to the district court of
Hennepin county for like services. Library and filing fees are
not required of the defendant in an unlawful detainer eviction
action. The fees payable to the administrator for all other
services of the administrator or the court shall be fixed by
rules promulgated by a majority of the judges.
(b) Fees are payable to the administrator in advance.
(c) Judgments will be entered only upon written application.
(d) The following fees shall be taxed for all charges filed
in court where applicable: (a) The state of Minnesota and any
governmental subdivision within the jurisdictional area of any
district court herein established may present cases for hearing
before said district court; (b) In the event the court takes
jurisdiction of a prosecution for the violation of a statute or
ordinance by the state or a governmental subdivision other than
a city or town in Hennepin county, all fines, penalties, and
forfeitures collected shall be paid over to the treasurer of the
governmental subdivision which submitted charges for prosecution
under ordinance violation and to the county treasurer in all
other charges except where a different disposition is provided
by law, in which case, payment shall be made to the public
official entitled thereto. The following fees shall be taxed to
the county or to the state or governmental subdivision which
would be entitled to payment of the fines, forfeiture or
penalties in any case, and shall be paid to the court
administrator for disposing of the matter:
(1) For each charge where the defendant is brought into
court and pleads guilty and is sentenced, or the matter is
otherwise disposed of without trial .......... $5.
(2) In arraignments where the defendant waives a
preliminary examination .......... $10.
(3) For all other charges where the defendant stands trial
or has a preliminary examination by the court .......... $15.
(e) This paragraph applies to the distribution of fines
paid by defendants without a court appearance in response to a
citation. On or before the tenth day after the last day of the
month in which the money was collected, the county treasurer
shall pay 80 percent of the fines to the treasurer of the
municipality or subdivision within the county where the
violation was committed. The remainder of the fines shall be
credited to the general revenue fund of the county.
Sec. 9. Minnesota Statutes 2002, section 488A.03,
subdivision 13, is amended to read:
Subd. 13. [DESTRUCTION OF RECORDS.] (a) Upon order of all
the judges the court administrator may destroy or dispose of all
of the following types of files and records of the court which
are more than ten years old:
(1) garnishment files, uncontested,
(2) motion calendars, special term,
(3) unlawful detainer calendars, special term,
(4) garnishment calendars, special term,
(5) general term calendars,
(6) court reporters note books,
(7) receipt books for prisoners,
(8) old receipt books for probation department,
(9) criminal and ordinance violations files,
(10) cash books,
(11) depositions,
(12) traffic tags.
(b) Upon order of all the judges and upon ten days' written
notice to the president of the Hennepin county historical
society, the court administrator may destroy or dispose of all
files of civil or garnishment actions and actions of forcible
entry or, unlawful detainer, or eviction which were commenced
more than 20 years prior to the judges' order and in which no
proceedings have occurred within ten years prior to the judges'
order.
Sec. 10. Minnesota Statutes 2002, section 488A.06,
subdivision 2, is amended to read:
Subd. 2. [SERVICE OF PAPERS.] No bailiff shall serve or
receive for service any summons or other paper in any forcible
entry, unlawful detainer eviction or civil action until the
complaint has been filed with the court administrator. The
bailiff to whom a summons or other paper is delivered for
service shall make a prompt return to the court administrator
showing whether or not it has been served and if not served the
reason therefor.
Sec. 11. Minnesota Statutes 2002, section 488A.06,
subdivision 3, is amended to read:
Subd. 3. [FEES AND MILEAGE.] The fees and mileage of
bailiffs in civil actions and actions of forcible entry and
unlawful detainer eviction are the same as those payable to the
sheriff of Hennepin county for like services for district court
actions. The fees and mileage for all other services of
bailiffs shall be fixed by rules promulgated by a majority of
the judges. The fee provided for by chapter 349 of the Laws of
1953 is not payable. No fees or mileage are payable by the
state, county or city to bailiffs for their services, except
that the county may pay bailiffs for automobile mileage within
the limits provided by law when the bailiffs furnish automobiles
for use in the performance of their duties. Bailiffs shall make
returns showing their fees and mileage after performing such
services. The amount of the bailiffs' fees and mileage is
payable to the sheriff in advance.
Sec. 12. Minnesota Statutes 2002, section 488A.11, is
amended to read:
488A.11 [FORCIBLE ENTRY AND UNLAWFUL DETAINER EVICTION
ACTIONS.]
Subdivision 1. [RETURN DAYS.] Return days for forcible
entry and unlawful detainer eviction actions may be fixed by
rule promulgated by a majority of the judges.
Subd. 2. [PROCEDURE; FORMS.] Sections 504B.281 to 504B.371
apply to the court. The forms therein prescribed, with
appropriate modifications, may be used.
Subd. 3. [DEFAULT JUDGMENTS.] Whenever a duly verified
complaint in an action of forcible entry or unlawful detainer
eviction shows one of the causes of action set forth in section
504B.285 and on the return day of the summons the defendant does
not appear, the judge, upon proof of the due service of the
summons, shall enter an order adjudging the defendant to be in
default, and thereafter the court administrator shall enter
judgment for the plaintiff without the introduction of evidence.
Sec. 13. Minnesota Statutes 2002, section 488A.18,
subdivision 6, is amended to read:
Subd. 6. [FORCIBLE ENTRY AND UNLAWFUL DETAINER EVICTION OR
UNLAWFUL REMOVAL OR EXCLUSION.] Whether or not the title to real
estate is involved, the court has jurisdiction of actions
of forcible entry and unlawful detainer eviction or actions for
unlawful removal or exclusion pursuant to section 504B.375,
involving land located wholly or in part within Ramsey county
and, notwithstanding any provision of subdivision 8 to the
contrary, of actions seeking relief for code violations pursuant
to sections 504B.185 and 504B.381 to 504B.471 involving premises
located wholly or partly within Ramsey county.
Sec. 14. Minnesota Statutes 2002, section 488A.28, is
amended to read:
488A.28 [FORCIBLE ENTRY AND UNLAWFUL DETAINER EVICTION
ACTIONS.]
Subdivision 1. [PROCEDURE.] The general laws applicable to
forcible entry and unlawful detainer eviction actions shall
apply to this court, and the forms as prescribed in the general
laws may be used with such appropriate modifications as may be
necessary for this court.
Subd. 2. [RETURN DAYS.] Return days for forcible entry and
unlawful detainer eviction actions may be fixed by rules
promulgated by a majority of the judges.
Subd. 3. [DEFAULT JUDGMENTS.] Whenever a duly verified
complaint in a forcible entry and unlawful detainer an eviction
action shows one of the causes of action as set forth by general
statute, and on the return day of the summons the defendant does
not appear, the judge, upon proof of the due service of the
summons, shall enter an order adjudging the defendant to be in
default, and thereafter the administrator shall enter judgment
for the plaintiff without the introduction of evidence.
Subd. 4. [TRIALS.] Forcible entry and unlawful
detainer Eviction actions, which are contested, shall be given
precedence over all other civil matters in trial settings.
Sec. 15. Minnesota Statutes 2002, section 491A.01,
subdivision 4, is amended to read:
Subd. 4. [JURISDICTION; EXCLUSIONS.] The conciliation
court does not have jurisdiction over the following actions:
(1) involving title to real estate, including actions to
determine boundary lines;
(2) involving claims of defamation by libel or slander;
(3) for specific performance, except to the extent
authorized in subdivision 5;
(4) brought or defended on behalf of a class;
(5) requesting or involving prejudgment remedies;
(6) involving injunctive relief, except to the extent
authorized in subdivision 5;
(7) pursuant to chapters 256, 257, 259, 260, 518, 518A,
518B, and 518C, except for actions involving debts owed to state
agencies or political subdivisions that arise under those
chapters;
(8) pursuant to chapters 524 and 525;
(9) where jurisdiction is vested exclusively in another
court or division of district court;
(10) for unlawful detainer eviction; and
(11) involving medical malpractice.
Sec. 16. Minnesota Statutes 2002, section 515B.3-116, is
amended to read:
515B.3-116 [LIEN FOR ASSESSMENTS.]
(a) The association has a lien on a unit for any assessment
levied against that unit from the time the assessment becomes
due. If an assessment is payable in installments, the full
amount of the assessment is a lien from the time the first
installment thereof becomes due. Unless the declaration
otherwise provides, fees, charges, late charges, fines and
interest charges pursuant to section 515B.3-102(a)(10), (11) and
(12) are liens, and are enforceable as assessments, under this
section.
(b) A lien under this section is prior to all other liens
and encumbrances on a unit except (i) liens and encumbrances
recorded before the declaration and, in a cooperative, liens and
encumbrances which the association creates, assumes, or takes
subject to, (ii) any first mortgage encumbering the fee simple
interest in the unit, or, in a cooperative, any first security
interest encumbering only the unit owner's interest in the unit,
and (iii) liens for real estate taxes and other governmental
assessments or charges against the unit. If a first mortgage on
a unit is foreclosed, the first mortgage was recorded after June
1, 1994, and no owner redeems during the owner's period of
redemption provided by chapter 580, 581, or 582, the holder of
the sheriff's certificate of sale from the foreclosure of the
first mortgage shall take title to the unit subject to a lien in
favor of the association for unpaid assessments for common
expenses levied pursuant to section 515B.3-115(a), (e)(1) to
(3), (f), and (i) which became due, without acceleration, during
the six months immediately preceding the first day following the
end of the owner's period of redemption. If a first security
interest encumbering a unit owner's interest in a cooperative
unit which is personal property is foreclosed, the secured party
or the purchaser at the sale shall take title to the unit
subject to unpaid assessments for common expenses levied
pursuant to section 515B.3-115(a), (e)(1) to (3), (f), and (i)
which became due, without acceleration, during the six months
immediately preceding the first day following either the
disposition date pursuant to section 336.9-610 or the date on
which the obligation of the unit owner is discharged pursuant to
section 336.9-622. This subsection shall not affect the
priority of mechanics' liens.
(c) Recording of the declaration constitutes record notice
and perfection of any lien under this section, and no further
recordation of any notice of or claim for the lien is required.
(d) Proceedings to enforce an assessment lien shall be
instituted within three years after the last installment of the
assessment becomes payable, or shall be barred.
(e) The unit owner of a unit at the time an assessment is
due shall be personally liable to the association for payment of
the assessment levied against the unit. If there are multiple
owners of the unit, they shall be jointly and severally liable.
(f) This section does not prohibit actions to recover sums
for which subsection (a) creates a lien nor prohibit an
association from taking a deed in lieu of foreclosure. The
commencement of an action to recover the sums is not an election
of remedies if it is dismissed before commencement of
foreclosure of the lien provided for by this section.
(g) The association shall furnish to a unit owner or the
owner's authorized agent upon written request of the unit owner
or the authorized agent a statement setting forth the amount of
unpaid assessments currently levied against the owner's unit.
If the unit owner's interest is real estate, the statement shall
be in recordable form. The statement shall be furnished within
ten business days after receipt of the request and is binding on
the association and every unit owner.
(h) The association's lien may be foreclosed as provided in
this subsection.
(1) In a condominium or planned community, the
association's lien may be foreclosed in a like manner as a
mortgage containing a power of sale pursuant to chapter 580, or
by action pursuant to chapter 581. The association shall have a
power of sale to foreclose the lien pursuant to chapter 580.
(2) In a cooperative whose unit owners' interests are real
estate, the association's lien shall be foreclosed in a like
manner as a mortgage on real estate as provided in paragraph (1).
(3) In a cooperative whose unit owners' interests in the
units are personal property, the association's lien shall be
foreclosed in a like manner as a security interest under article
9 of chapter 336. In any disposition pursuant to section
336.9-610 or retention pursuant to sections 336.9-620 to
336.9-622, the rights of the parties shall be the same as those
provided by law, except (i) notice of sale, disposition, or
retention shall be served on the unit owner 90 days prior to
sale, disposition, or retention, (ii) the association shall be
entitled to its reasonable costs and attorney fees not exceeding
the amount provided by section 582.01, subdivision 1a, (iii) the
amount of the association's lien shall be deemed to be adequate
consideration for the unit subject to disposition or retention,
notwithstanding the value of the unit, and (iv) the notice of
sale, disposition, or retention shall contain the following
statement in capital letters with the name of the association or
secured party filled in:
"THIS IS TO INFORM YOU THAT BY THIS NOTICE (fill in name of
association or secured party) HAS BEGUN PROCEEDINGS UNDER
MINNESOTA STATUTES, CHAPTER 515B, TO FORECLOSE ON YOUR INTEREST
IN YOUR UNIT FOR THE REASON SPECIFIED IN THIS NOTICE. YOUR
INTEREST IN YOUR UNIT WILL TERMINATE 90 DAYS AFTER SERVICE OF
THIS NOTICE ON YOU UNLESS BEFORE THEN:
(a) THE PERSON AUTHORIZED BY (fill in the name of
association or secured party) AND DESCRIBED IN THIS NOTICE TO
RECEIVE PAYMENTS RECEIVES FROM YOU:
(1) THE AMOUNT THIS NOTICE SAYS YOU OWE; PLUS
(2) THE COSTS INCURRED TO SERVE THIS NOTICE ON YOU; PLUS
(3) $500 TO APPLY TO ATTORNEYS FEES ACTUALLY EXPENDED OR
INCURRED; PLUS
(4) ANY ADDITIONAL AMOUNTS FOR YOUR UNIT BECOMING DUE TO
(fill in name of association or secured party) AFTER THE DATE OF
THIS NOTICE; OR
(b) YOU SECURE FROM A DISTRICT COURT AN ORDER THAT THE
FORECLOSURE OF YOUR RIGHTS TO YOUR UNIT BE SUSPENDED UNTIL YOUR
CLAIMS OR DEFENSES ARE FINALLY DISPOSED OF BY TRIAL, HEARING, OR
SETTLEMENT. YOUR ACTION MUST SPECIFICALLY STATE THOSE FACTS AND
GROUNDS THAT DEMONSTRATE YOUR CLAIMS OR DEFENSES.
IF YOU DO NOT DO ONE OR THE OTHER OF THE ABOVE THINGS
WITHIN THE TIME PERIOD SPECIFIED IN THIS NOTICE, YOUR OWNERSHIP
RIGHTS IN YOUR UNIT WILL TERMINATE AT THE END OF THE PERIOD, YOU
WILL LOSE ALL THE MONEY YOU HAVE PAID FOR YOUR UNIT, YOU WILL
LOSE YOUR RIGHT TO POSSESSION OF YOUR UNIT, YOU MAY LOSE YOUR
RIGHT TO ASSERT ANY CLAIMS OR DEFENSES THAT YOU MIGHT HAVE, AND
YOU WILL BE EVICTED. IF YOU HAVE ANY QUESTIONS ABOUT THIS
NOTICE, CONTACT AN ATTORNEY IMMEDIATELY."
(4) In any foreclosure pursuant to chapter 580, 581, or
582, the rights of the parties shall be the same as those
provided by law, except (i) the period of redemption for unit
owners shall be six months from the date of sale or a lesser
period authorized by law, (ii) in a foreclosure by advertisement
under chapter 580, the foreclosing party shall be entitled to
costs and disbursements of foreclosure and attorneys fees
authorized by the declaration or bylaws, notwithstanding the
provisions of section 582.01, subdivisions 1 and 1a, (iii) in a
foreclosure by action under chapter 581, the foreclosing party
shall be entitled to costs and disbursements of foreclosure and
attorneys fees as the court shall determine, and (iv) the amount
of the association's lien shall be deemed to be adequate
consideration for the unit subject to foreclosure,
notwithstanding the value of the unit.
(i) If a holder of a sheriff's certificate of sale, prior
to the expiration of the period of redemption, pays any past due
or current assessments, or any other charges lienable as
assessments, with respect to the unit described in the sheriff's
certificate, then the amount paid shall be a part of the sum
required to be paid to redeem under section 582.03.
(j) In a cooperative, following foreclosure, the
association may bring an action for unlawful detainer eviction
against the unit owner and any persons in possession of the
unit, and in that case section 504B.291 shall not apply.
(k) An association may assign its lien rights in the same
manner as any other secured party.
Sec. 17. Minnesota Statutes 2002, section 557.09, is
amended to read:
557.09 [FORCIBLE ENTRY EVICTION; TREBLE DAMAGES.]
In case of forcible entry and detention eviction, if a
person, claiming in good faith, under color of title, to be
rightfully in possession, so put out or kept out, shall recover
damages therefor, judgment may be entered in that person's favor
for three times the amount at which the actual damages are
assessed.
Sec. 18. Minnesota Statutes 2002, section 609.33,
subdivision 6, is amended to read:
Subd. 6. [PRETRIAL RELEASE.] When a person is charged
under this section with owning or leasing a disorderly house,
the court may require as a condition of pretrial release that
the defendant bring an unlawful detainer eviction action against
a lessee who has violated the covenant not to allow drugs
established by section 504B.171.
Sec. 19. Minnesota Statutes 2002, section 609.5317,
subdivision 1, is amended to read:
Subdivision 1. [RENTAL PROPERTY.] (a) When contraband or a
controlled substance manufactured, distributed, or acquired in
violation of chapter 152 is seized on residential rental
property incident to a lawful search or arrest, the county
attorney shall give the notice required by this subdivision to
(1) the landlord of the property or the fee owner identified in
the records of the county assessor, and (2) the agent authorized
by the owner to accept service pursuant to section 504B.181.
The notice is not required during an ongoing investigation. The
notice shall state what has been seized and specify the
applicable duties and penalties under this subdivision. The
notice shall state that the landlord who chooses to assign the
right to bring an unlawful detainer eviction action retains all
rights and duties, including removal of a tenant's personal
property following issuance of the writ of restitution and
delivery of the writ to the sheriff for execution. The notice
shall also state that the landlord may contact the county
attorney if threatened by the tenant. Notice shall be sent by
certified letter, return receipt requested, within 30 days of
the seizure. If receipt is not returned, notice shall be given
in the manner provided by law for service of summons in a civil
action.
(b) Within 15 days after notice of the first occurrence,
the landlord shall bring, or assign to the county attorney of
the county in which the real property is located, the right to
bring an unlawful detainer eviction action against the tenant.
The assignment must be in writing on a form prepared by the
county attorney. Should the landlord choose to assign the right
to bring an unlawful detainer eviction action, the assignment
shall be limited to those rights and duties up to and including
delivery of the writ of restitution to the sheriff for execution.
(c) Upon notice of a second occurrence on any residential
rental property owned by the same landlord in the same county
and involving the same tenant, and within one year after notice
of the first occurrence, the property is subject to forfeiture
under sections 609.531, 609.5311, 609.5313, and 609.5315, unless
an unlawful detainer eviction action has been commenced as
provided in paragraph (b) or the right to bring an unlawful
detainer eviction action was assigned to the county attorney as
provided in paragraph (b). If the right has been assigned and
not previously exercised, or if the county attorney requests an
assignment and the landlord makes an assignment, the county
attorney may bring an unlawful detainer eviction action rather
than an action for forfeiture.
Sec. 20. Minnesota Statutes 2002, section 609.5317,
subdivision 3, is amended to read:
Subd. 3. [DEFENSES.] It is a defense against a proceeding
under subdivision 1, paragraph (b), that the tenant had no
knowledge or reason to know of the presence of the contraband or
controlled substance or could not prevent its being brought onto
the property.
It is a defense against a proceeding under subdivision 1,
paragraph (c), that the landlord made every reasonable attempt
to evict a tenant or to assign the county attorney the right to
bring an unlawful detainer eviction action against the tenant,
or that the landlord did not receive notice of the seizure.
ARTICLE 3
DATA PRACTICES
Section 1. Minnesota Statutes 2002, section 13.3806,
subdivision 4, is amended to read:
Subd. 4. [VITAL STATISTICS.] (a) [PARENTS' SOCIAL
SECURITY NUMBER; BIRTH RECORD.] Parents' social security numbers
provided for a child's birth record are classified under section
144.215, subdivision 4.
(b) [FOUNDLING REGISTRATION.] The report of the finding of
an infant of unknown parentage is classified under section
144.216, subdivision 2.
(c) [NEW RECORD OF BIRTH.] In circumstances in which a new
record of birth may be issued under section 144.218, the
original record of birth is classified as provided in that
section.
(d) [VITAL RECORDS.] Physical access to vital records is
governed by section 144.225, subdivision 1.
(e) [BIRTH RECORD OF CHILD OF UNMARRIED PARENTS.] Access
to the birth record of a child whose parents were not married to
each other when the child was conceived or born is governed by
sections 144.225, subdivisions 2 and 4, and 257.73.
(f) [HEALTH DATA FOR BIRTH REGISTRATION.] Health data
collected for birth registration or fetal death reporting are
classified under section 144.225, subdivision 2a.
(g) [BIRTH RECORD; SHARING.] Sharing of birth record data
and data prepared under section 257.75, is governed by section
144.225, subdivision 2b.
(h) [GROUP PURCHASER IDENTITY FOR BIRTH REGISTRATION.]
Classification of and access to the identity of a group
purchaser collected in association with birth registration is
governed by section 144.225, subdivision 6.
Sec. 2. Minnesota Statutes 2002, section 13.383, is
amended by adding a subdivision to read:
Subd. 11a. [ALCOHOL AND DRUG COUNSELOR LICENSING;
SHARING.] Sharing of data collected for licensing of alcohol and
drug counselors is governed by section 148C.099, subdivision 2.
Sec. 3. Minnesota Statutes 2002, section 13.4967, is
amended by adding a subdivision to read:
Subd. 2a. [ASSIGNMENT OF REFUND.] Data regarding
assignment of individual income tax refunds is classified by
section 290.0679, subdivision 9.
Sec. 4. Minnesota Statutes 2002, section 13.6905, is
amended by adding a subdivision to read:
Subd. 20a. [CRIME PREVENTION AND PRIVACY COMPACT.] Data
sharing under the National Crime Prevention and Privacy Compact
is governed by section 299C.58.
Sec. 5. Minnesota Statutes 2002, section 13.7191,
subdivision 6, is amended to read:
Subd. 6. [INSURANCE PRODUCERS.] (a) [LICENSING;
TERMINATION.] Access to data on insurance producer terminations
held by the commissioner of commerce is governed by section
60K.51.
(b) [DATA SHARING.] Sharing of licensing and investigative
data on insurance producers is governed by section 60K.52.
Sec. 6. Minnesota Statutes 2002, section 13.871,
subdivision 5, is amended to read:
Subd. 5. [CRIME VICTIMS.] (a) [CRIME VICTIM NOTICE OF
RELEASE.] Data on crime victims who request notice of an
offender's release are classified under section 611A.06.
(b) [SEX OFFENDER HIV TESTS.] Results of HIV tests of sex
offenders under section 611A.19, subdivision 2, are classified
under that section.
(c) [BATTERED WOMEN.] Data on battered women maintained by
grantees for emergency shelter and support services for battered
women are governed by section 611A.32, subdivision 5.
(d) [VICTIMS OF DOMESTIC ABUSE.] Data on battered women
and victims of domestic abuse maintained by grantees and
recipients of per diem payments for emergency shelter for
battered women and support services for battered women and
victims of domestic abuse are governed by sections 611A.32,
subdivision 5, and 611A.371, subdivision 3.
(e) [PERSONAL HISTORY; INTERNAL AUDITING.] Certain
personal history and internal auditing data is classified by
section 611A.46.
(f) [CRIME VICTIM CLAIMS FOR REPARATIONS.] Claims and
supporting documents filed by crime victims seeking reparations
are classified under section 611A.57, subdivision 6.
(f) (g) [CRIME VICTIM OVERSIGHT ACT.] Data maintained by
the commissioner of public safety under the Crime Victim
Oversight Act are classified under section 611A.74, subdivision
2.
Sec. 7. Minnesota Statutes 2002, section 13.871,
subdivision 6, is amended to read:
Subd. 6. [TRAINING; INVESTIGATION; APPREHENSION; REPORTS.]
(a) [REPORTS OF GUNSHOT WOUNDS.] Disclosure of the name of a
person making a report under section 626.52, subdivision 2, is
governed by section 626.53.
(b) [CHILD ABUSE REPORT RECORDS.] Data contained in child
abuse report records are classified under section 626.556.
(c) [INTERSTATE DATA EXCHANGE.] Disclosure of child abuse
reports to agencies of another state is classified under section
626.556, subdivision 10g.
(d) [RELEASE TO FAMILY COURT SERVICES.] Release of child
abuse data to a court services agency is authorized under
section 626.556, subdivision 10h.
(e) [RELEASE OF DATA TO MANDATED REPORTERS.] Release of
child abuse data to mandated reporters who have an ongoing
responsibility for the health, education, or welfare of a child
affected by the data is authorized under section 626.556,
subdivision 10j.
(f) [RELEASE OF CHILD ABUSE INVESTIGATIVE RECORDS TO OTHER
COUNTIES.] Release of child abuse investigative records to local
welfare agencies is authorized under section 626.556,
subdivision 10k.
(g) [CLASSIFYING AND SHARING RECORDS AND REPORTS OF CHILD
ABUSE.] The classification of child abuse data and the sharing
of records and reports of child abuse by and between local
welfare agencies and law enforcement agencies are governed under
section 626.556, subdivision 11.
(h) [DISCLOSURE OF INFORMATION NOT REQUIRED IN CERTAIN
CASES.] Disclosure of certain data obtained from interviewing a
minor is governed by section 626.556, subdivision 11a.
(i) [DATA RECEIVED FROM LAW ENFORCEMENT.] Classifying
child abuse data received by certain agencies from law
enforcement agencies is governed under section 626.556,
subdivision 11b.
(j) [DISCLOSURE IN CHILD FATALITY CASES.] Disclosure of
information relating to a child fatality is governed under
section 626.556, subdivision 11d.
(k) [REPORTS OF ALCOHOL ABUSE.] Data on persons making
reports under section 626.5563 are classified under section
626.5563, subdivision 5.
(l) [VULNERABLE ADULT REPORT RECORDS.] Data contained in
vulnerable adult report records are classified under section
626.557, subdivision 12b.
(m) [ADULT PROTECTION TEAM INFORMATION SHARING.] Sharing
of local welfare agency vulnerable adult data with a protection
team is governed by section 626.5571, subdivision 3.
(n) [CHILD PROTECTION TEAM.] Data acquired by a case
consultation committee or subcommittee of a child protection
team are classified by section 626.558, subdivision 3.
(o) [CHILD MALTREATMENT REPORTS PEER REVIEW PANEL.]
Sharing data of cases reviewed by the panel is governed under
section 626.5593, subdivision 2.
(p) [PEACE OFFICER DISCIPLINE PROCEDURES.] Access by an
officer under investigation to the investigating agency's
investigative report on the officer is governed by section
626.89, subdivision 6.
(q) [RACIAL PROFILING STUDY DATA.] Racial profiling study
data is governed by section 626.951.
ARTICLE 4
INTERSTATE COMMERCE COMMISSION
Section 1. Minnesota Statutes 2002, section 50.14,
subdivision 12, is amended to read:
Subd. 12. Class eleven shall be the bonds of any
corporation which at the time of such investment is incorporated
under the laws of the United States or any state thereof, or the
District of Columbia, and authorized to engage, and engaging, in
the business of furnishing telephone service in the United
States, provided that such corporation is subject to regulation
by the Interstate Commerce Commission or a public utility
commission or other similar federal or state regulatory body
duly established by the laws of the United States or the states
or state in which such corporation operates, subject to the
following conditions:
(a) Such corporation shall have been in existence for a
period of not less than eight fiscal years and at no time within
such period of eight fiscal years next preceding the date of
such investment shall said corporation have failed to pay
promptly and regularly the matured principal and interest of all
its indebtedness direct, assumed or guaranteed, but the period
of life of the corporation, together with the period of life of
any predecessor corporation or corporations from which a
substantial portion of its property was acquired by
consolidation, merger, purchase or as a successor corporation,
shall be considered together in determining the required period;
and such corporation shall file with the commissioner of
commerce or make public in each year a statement and a report
giving the income account covering the previous fiscal year and
the balance sheet showing in reasonable detail the assets and
liabilities at the end of such fiscal year.
(b) The book value of the outstanding capital stock of such
corporation shall at the time of such investment be equal to at
least two-thirds of its total funded debt.
(c) For a period of five fiscal years next preceding the
date of such investment the net earnings of such corporation
shall have been each year not less than twice the annual
interest charges on its total funded debt applicable to that
period, and for such period, the gross operating revenues of any
such corporation shall have averaged per year not less than
$5,000,000.
(d) In determining the qualifications of any bond under
this subdivision where a corporation shall have acquired its
property or any substantial portion thereof within five years
immediately preceding the date of such investment by
consolidation, merger, purchase or as a successor corporation,
the gross operating revenues, net earnings and interest charges
of the predecessor or constituent corporations shall be
consolidated and adjusted so as to ascertain whether the
requirements of paragraph (c) have been complied with.
(e) The gross operating revenues and expenses of a
corporation for the purpose of this subdivision shall be
respectively the total amount earned from the operation of, and
the total expense of maintaining and operating, all property
owned and operated or leased and operated by such corporation,
as determined by the system of accounts prescribed by the
Interstate Commerce Commission or the public utility commission
or other similar federal or state regulatory body having
jurisdiction in the matter.
(f) The net earnings of a corporation for the purpose of
this subdivision shall be the balance obtained by deducting from
its gross operating revenues its operating and maintenance
expenses, taxes, other than federal and state income taxes,
rentals, depreciation and provision, for renewals and
retirements of the physical assets of the corporation, and by
adding to said balance its income from securities and
miscellaneous sources, but not, however, to exceed 15 percent of
said balance. The term "funded debt" shall be construed to mean
all interest-bearing debt excepting therefrom unsecured
obligations maturing within one year of date of issue.
(g) Such bonds must be a part of an original issue or of a
subsequent series of bonds of the aggregate amount of not less
than $5,000,000, both the original issue and the subsequent
series being protected by the same mortgage provisions, and must
be secured by a first or refunding mortgage, and the aggregate
principal amount of bonds secured by such first or refunding
mortgage plus the principal amount of all the underlying
outstanding bonds shall not exceed 60 percent of the value of
the property, real and personal, owned absolutely as shown by
the books of the corporation and subject to the lien of such
mortgage, provided that if a refunding mortgage, it must provide
for the retirement of all bonds secured by prior liens on the
property. Not more than 33-1/3 percent of the property
constituting the specific security for such bonds may consist of
stock or unsecured obligations of affiliated or other telephone
companies, or both. No such savings banks shall loan upon or
invest in bonds of such telephone companies in an amount
exceeding in the aggregate ten percent of its deposits and
surplus, nor exceeding five percent thereof in the bonds of any
one telephone company.
Sec. 2. Minnesota Statutes 2002, section 85.015,
subdivision 4, is amended to read:
Subd. 4. [DOUGLAS TRAIL, OLMSTED, WABASHA, AND GOODHUE
COUNTIES.] (a) The trail shall originate at Rochester in Olmsted
county and shall follow the route of the Chicago Great Western
Railroad to Pine Island in Goodhue county and there terminate.
(b) Additional trails may be established that extend the
Douglas trail system to include Pine Island, Mazeppa in Wabasha
county to Zumbrota, Bellechester, Goodhue, and Red Wing in
Goodhue county. In addition to the criteria in section 86A.05,
subdivision 4, these trails must utilize abandoned railroad
rights-of-way where possible.
(c) The trail shall be developed primarily for riding and
hiking.
(d) Under no circumstances shall the commissioner acquire
any of the right-of-way of the Chicago Great Western Railroad
until the abandonment of the line of railway described in this
subdivision has been approved by the Surface Transportation
Board or the former Interstate Commerce Commission.
Sec. 3. Minnesota Statutes 2002, section 85.015,
subdivision 10, is amended to read:
Subd. 10. [LUCE LINE TRAIL.] (a) The trail shall originate
at Gleason Lake in Plymouth Village, Hennepin county, and shall
follow the route of the Chicago Northwestern Railroad.
(b) The trail shall be developed for multiuse wherever
feasible. The department shall cooperate in maintaining its
integrity for modes of use consistent with local ordinances.
(c) In establishing, developing, maintaining, and operating
the trail, the commissioner shall cooperate with local units of
government and private individuals and groups. Before acquiring
any parcel of land for the trail, the commissioner of natural
resources shall develop a management program for the parcel and
conduct a public hearing on the proposed management program in
the vicinity of the parcel to be acquired. The management
program of the commissioner shall include but not be limited to
the following: (a) fencing of portions of the trail where
necessary to protect adjoining landowners; and (b) the
maintenance of the trail in a litter free condition to the
extent practicable.
(d) The commissioner shall not acquire any of the
right-of-way of the Chicago Northwestern Railway Company until
the abandonment of the line described in this subdivision has
been approved by the Surface Transportation Board or the former
Interstate Commerce Commission. Compensation, in addition to
the value of the land, shall include improvements made by the
railroad, including but not limited to, bridges, trestles,
public road crossings, or any portion thereof, it being the
desire of the railroad that such improvements be included in the
conveyance. The fair market value of the land and improvements
shall be recommended by two independent appraisers mutually
agreed upon by the parties. The fair market value thus
recommended shall be reviewed by a review appraiser agreed to by
the parties, and the fair market value thus determined, and
supported by appraisals, may be the purchase price. The
commissioner may exchange lands with landowners abutting the
right-of-way described in this section to eliminate diagonally
shaped separate fields.
Sec. 4. Minnesota Statutes 2002, section 85.20,
subdivision 6, is amended to read:
Subd. 6. [LITTERING; PENALTY.] (a) No person shall drain,
throw, or deposit upon the lands and waters within a state park
any substance, including cigarette filters, that would mar the
appearance, create a stench, destroy the cleanliness or safety
of the land, or would be likely to injure any animal, vehicle,
or person traveling upon those lands and waters. The operator
of a vehicle or watercraft, except a school bus or a vehicle
transporting passengers for hire and regulated by a successor
agency of the former Interstate Commerce Commission, shall not
permit articles to be thrown or discarded from the vehicle upon
any lands or waters within a state park.
(b) Violation of this subdivision is a misdemeanor. Any
person sentenced under this subdivision shall in lieu of the
sentence imposed be permitted, under terms established by the
court, to work under the direction of the department of natural
resources at clearing rubbish, trash, and debris from any state
park. The court may for any violation of this subdivision order
the offender to perform such work under terms established by the
court with the option of a jail sentence being imposed.
(c) In lieu of enforcement under paragraph (b), this
subdivision may be enforced by imposition of a civil penalty and
an action for damages for littering under section 115A.99.
Sec. 5. Minnesota Statutes 2002, section 168.013,
subdivision 1e, is amended to read:
Subd. 1e. [TRUCK; TRACTOR; COMBINATION; EXCEPTIONS.] (a)
On trucks and tractors except those in this chapter defined as
farm trucks, on truck-tractor and semitrailer combinations
except those defined as farm combinations, and on commercial
zone vehicles, the tax based on total gross weight shall be
graduated according to the Minnesota base rate schedule
prescribed in this subdivision, but in no event less than $120.
Minnesota Base Rate Schedule
Scheduled taxes include five percent
surtax provided for in subdivision 14
TOTAL GROSS WEIGHT
IN POUNDS TAX
A 0 - 1,500 $ 15
B 1,501 - 3,000 20
C 3,001 - 4,500 25
D 4,501 - 6,000 35
E 6,001 - 9,000 45
F 9,001 - 12,000 70
G 12,001 - 15,000 105
H 15,001 - 18,000 145
I 18,001 - 21,000 190
J 21,001 - 26,000 270
K 26,001 - 33,000 360
L 33,001 - 39,000 475
M 39,001 - 45,000 595
N 45,001 - 51,000 715
O 51,001 - 57,000 865
P 57,001 - 63,000 1015
Q 63,001 - 69,000 1185
R 69,001 - 73,280 1325
S 73,281 - 78,000 1595
T 78,001 - 81,000 1760
(b) For purposes of the Minnesota base rate schedule, for
vehicles with six or more axles in the "S" and "T" categories,
the base rates are $1,520 and $1,620 respectively.
(c) For each vehicle with a gross weight in excess of
81,000 pounds an additional tax of $50 is imposed for each ton
or fraction thereof in excess of 81,000 pounds, subject to
subdivision 12.
(d) Truck-tractors except those herein defined as farm and
commercial zone vehicles shall be taxed in accord with the
foregoing gross weight tax schedule on the basis of the combined
gross weight of the truck-tractor and any semitrailer or
semitrailers which the applicant proposes to combine with the
truck-tractor.
(e) Commercial zone trucks include only trucks,
truck-tractors, and semitrailer combinations which are:
(1) used by an authorized local cartage carrier operating
under a permit issued under section 221.296 and whose gross
transportation revenue consists of at least 60 percent obtained
solely from local cartage carriage, and are operated solely
within an area composed of two contiguous cities of the first
class and municipalities contiguous thereto as defined by
section 221.011, subdivision 17; or
(2) operated by an interstate carrier registered under
section 221.60, or by an authorized local cartage carrier or
other carrier receiving operating authority under chapter 221,
and operated solely within a zone exempt from regulation by the
interstate commerce commission pursuant to United States Code,
title 49, section 10526(b) 13506.
(f) The license plates issued for commercial zone vehicles
shall be plainly marked. A person operating a commercial zone
vehicle outside the zone or area in which its operation is
authorized is guilty of a misdemeanor and, in addition to the
penalty therefor, shall have the registration of the vehicle as
a commercial zone vehicle revoked by the registrar and shall be
required to reregister the vehicle at 100 percent of the full
annual tax prescribed in the Minnesota base rate schedule, and
no part of this tax shall be refunded during the balance of the
registration year.
(g) On commercial zone trucks the tax shall be based on the
total gross weight of the vehicle and during each of the first
eight years of vehicle life shall be 75 percent of the Minnesota
base rate schedule. During the ninth and succeeding years of
vehicle life the tax shall be 50 percent of the Minnesota base
rate schedule.
(h) On trucks, truck-tractors and semitrailer combinations,
except those defined as farm trucks and farm combinations, and
except for those commercial zone vehicles specifically provided
for in this subdivision, the tax for each of the first eight
years of vehicle life shall be 100 percent of the tax imposed in
the Minnesota base rate schedule, and during the ninth and
succeeding years of vehicle life, the tax shall be 75 percent of
the Minnesota base rate prescribed by this subdivision.
(i) For the purpose of registration, trailers coupled with
a truck-tractor, semitrailer combination are semitrailers.
Sec. 6. Minnesota Statutes 2002, section 168.61,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITION.] The term "intercity bus" as
used in sections 168.61 to 168.65 means a motor bus as defined
in section 168.011, subdivision 9, which is owned or operated by
either a resident or nonresident of Minnesota in interstate
commerce under authority of the former Interstate Commerce
Commission, or a successor agency, or in combined interstate and
intrastate commerce under authority of the former Interstate
Commerce Commission, or a successor agency, and the department
of transportation of Minnesota, as a result of which operation
such bus operates both within and without the territorial limits
of the state of Minnesota.
Sec. 7. Minnesota Statutes 2002, section 221.0251,
subdivision 1, is amended to read:
Subdivision 1. [REGISTRATION STATEMENT.] (a) A person who
wishes to operate as a motor carrier of property shall file a
complete and accurate registration statement with the
commissioner.
(b) A registration statement must be on a form provided by
the commissioner and include:
(1) the registrant's name, including an assumed or
fictitious name used by the registrant in doing business;
(2) the registrant's mailing address and business telephone
number;
(3) the registrant's federal Employer Identification Number
and Minnesota Business Identification Number and the
identification numbers, if any, assigned to the registrant by
the United States Department of Transportation, the former
Interstate Commerce Commission, or the Environmental Protection
Agency;
(4) the name, title, and telephone number of the individual
who is principally responsible for the operation of the
registrant's transportation business;
(5) the principal location from which the registrant
conducts its transportation business and where the records
required by this chapter will be kept;
(6) if different from clause (5), the location in Minnesota
where the records required by this chapter will be available for
inspection and copying by the commissioner;
(7) whether the registrant transports hazardous materials
or hazardous waste;
(8) whether the registrant's business is a corporation,
partnership, limited liability partnership, limited liability
company, or sole proprietorship; and
(9) if the registrant is a foreign corporation authorized
to transact business in Minnesota, the state of incorporation
and the name and address of its registered agent.
Sec. 8. Minnesota Statutes 2002, section 221.60,
subdivision 1, is amended to read:
Subdivision 1. [PROCEDURE.] A motor carrier may transport
persons or property for hire in interstate commerce in Minnesota
only if it first:
(1) complies with section 221.141;
(2) either registers with the commissioner the Interstate
Commerce Commission federal operating authority that it intends
to exercise, or registers and describes the transportation it
performs under an exemption contained in the Interstate Commerce
Act, United States Code, title 49; and
(3) purchases an interstate identification stamp or an
interstate registration trip permit for each vehicle to be used
in interstate transportation in Minnesota.
Sec. 9. Minnesota Statutes 2002, section 221.601,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY.] The commissioner may enter
into agreements with representatives of other states to allow
the cooperative registration of motor carriers transporting
property or passengers for hire in interstate commerce. The
agreement may authorize representatives of other states to issue
interstate registration stamps and trip permits; accept the
filing of insurance certificates, insurance cancellation
notices, and orders of the former Interstate Commerce Commission
orders or a successor agency; issue suspension and reinstatement
orders or notices; and collect and disburse fees prescribed by
this chapter. The agreement may allow the exchange of
information for audit, reporting, and enforcement purposes, and
the collection and disbursement of fees provided under this
chapter and the laws of other states that participate in the
agreement. The agreement and all amendments must be in
writing. The agreement may provide for the gradual adoption of
a base state registration system. It may provide that a motor
carrier based in another state participating in the agreement,
that has filed evidence of financial responsibility in that
state that meets the requirements of this chapter and of the
agreement, need not file evidence of financial responsibility
with the commissioner for its interstate operations in this
state.
Sec. 10. Minnesota Statutes 2002, section 221.602,
subdivision 1, is amended to read:
Subdivision 1. [PROCEDURE; NONEXEMPT CARRIER.] A motor
carrier subject to the jurisdiction of the Interstate Commerce
Commission U.S. Department of Transportation or Surface
Transportation Board under United States Code, title 49, chapter
105 135, subchapter II I, with its principal place of business
in Minnesota or that designates Minnesota as its base state, may
transport persons or property for hire in Minnesota only if it
first complies with the insurance and registration regulations
adopted by the Interstate Commerce Commission or a successor
agency under United States Code, title 49, section 14504 or
former section 11506. The registration fee is $5; however, a
lesser fee may be collected pursuant to a reciprocal agreement
authorized by section 221.65. A motor carrier shall pay a
service charge of 45 cents for each registration receipt issued
in addition to the fee required by this subdivision.
Sec. 11. Minnesota Statutes 2002, section 221.602,
subdivision 2, is amended to read:
Subd. 2. [PROCEDURE; EXEMPT CARRIER.] (a) A motor carrier
that is exempt from the federal jurisdiction of the Interstate
Commerce Commission under the Interstate Commerce Act, United
States Code, title 49, may transport persons or property for
hire in interstate commerce in Minnesota only if it first:
(1) complies with section 221.141;
(2) registers and describes the transportation it performs
under an exemption contained in the Interstate Commerce Act,
United States Code, title 49; and
(3) pays the fee required in subdivision 1.
(b) A motor carrier that complies with subdivision 1 is not
also required to comply with this subdivision.
Sec. 12. Minnesota Statutes 2002, section 221.602,
subdivision 3, is amended to read:
Subd. 3. [REGISTRATION PERIOD.] The registration period is
that provided by the Interstate Commerce Commission in
rules regulations adopted under United States Code, title 49,
section 14504 or former section 11506.
Sec. 13. Minnesota Statutes 2002, section 222.63,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] The terms defined in section
222.48 have the same meanings when used in this section. Other
terms used in this section have the following meanings:
(a) "Abandoned," when used with reference to a rail line or
right-of-way, means a line or right-of-way with respect to which
the interstate commerce commission Surface Transportation Board
or other responsible federal regulatory agency has permitted
discontinuance of rail service;
(b) "Right-of-way" means any real property, including any
interest in the real property that is or has been owned by a
railroad company as the site, or is adjacent to the site, of an
existing or former rail line;
(c) "State rail bank" means abandoned rail lines and
right-of-way acquired by the commissioner of transportation
pursuant to this section.
Sec. 14. Minnesota Statutes 2002, section 222.63,
subdivision 6, is amended to read:
Subd. 6. [INTERVENTION IN ABANDONMENT PROCEEDING.] The
commissioner may intervene in a proceeding of the interstate
commerce commission Surface Transportation Board on the issue of
suitability for a public use of a rail line proposed to be
abandoned if the commissioner finds that the right-of-way of the
line would be eligible for inclusion in the state rail bank. To
the extent practicable before intervening as provided in this
section the commissioner shall hold at least one public meeting
in the area in which the line is located to solicit opinions of
interested persons concerning the commissioner's proposed action.
Sec. 15. Minnesota Statutes 2002, section 222.86,
subdivision 1, is amended to read:
Subdivision 1. [NOTICE OF EXEMPT TRANSACTION.] An
acquiring carrier shall submit written notification to the
attorney general and the commissioner of transportation of their
its intent to initiate an exempt transaction under Code of
Federal Regulations, title 49, section part 1150, at least 14
days before filing a notice of exemption with the Interstate
Commerce Commission Surface Transportation Board.
Sec. 16. Minnesota Statutes 2002, section 222.86,
subdivision 3, is amended to read:
Subd. 3. [APPLICABILITY TO REQUIREMENTS OF LAW.] Acquiring
and divesting carriers shall attend conferences with the
attorney general or the commissioner of transportation prior to
filing a notice of exemption with the Interstate Commerce
Commission Surface Transportation Board. The divesting and
acquiring carriers shall respond to questions and requests for
information related to the issue of whether the proposed
transaction is consistent with the requirements of
the Interstate Commerce Act Surface Transportation Board, other
applicable federal law, and state law. Copies of the sale
contract, market and feasibility studies, and full financial
information as to the acquiring carrier must be provided at
those conferences.
All information, submitted by the acquiring and divesting
carriers as confidential, shall remain nonpublic data and
private data on individuals in accordance with chapter 13 and
shall not be divulged to any outside parties, except to the
Interstate Commerce Commission Surface Transportation Board as a
part of a filing in relation to the proposed transaction. The
attorney general and the commissioner of transportation shall
take the necessary steps to assure confidentiality.
Sec. 17. Minnesota Statutes 2002, section 299F.40,
subdivision 1, is amended to read:
Subdivision 1. [PUBLIC POLICY.] It is the intent of the
Minnesota legislature to protect the public welfare and promote
safety in the filling and use of pressure vessels containing
liquefied petroleum or industrial gases through implementing
both the regulations of the Interstate Commerce Commission
regulations or successor agency, within the state of Minnesota,
the rules of the Minnesota state fire marshal, and the national
standards of safety on the filling of these containers. It is
deemed necessary to insure that containers properly constructed
and tested be used and that only liquefied petroleum or
industrial gases of suitable and safe vapor pressure be placed
in these containers. To attain this end the filling or
refilling of liquefied petroleum and industrial gas containers
by other than the owner or authorized person must be controlled
and specific authority to prevent violation and encourage
enforcement be established.
Sec. 18. Minnesota Statutes 2002, section 398A.04,
subdivision 4, is amended to read:
Subd. 4. [EMINENT DOMAIN.] The authority shall have all
powers granted to a political subdivision in chapter 117 for the
acquisition of property for a public purpose, except that it
shall have no power of eminent domain with respect to property
owned by another authority or political subdivision of Minnesota
or any other state, or with respect to property owned or used by
a railroad corporation unless the Interstate Commerce Commission
or a successor agency, if any, or another authority with power
to make the finding, has found that the public convenience and
necessity permit discontinuance of rail service on the
property. All property taken for the exercise of the powers
granted herein is declared to be taken for a public governmental
purpose and as a matter of public necessity.
Sec. 19. Minnesota Statutes 2002, section 469.057,
subdivision 1, is amended to read:
Subdivision 1. [REGULATION.] Unless otherwise provided by
law, all laws now or hereafter vesting jurisdiction or control
in the department of public service or a successor agency of the
state of Minnesota, in the Interstate Commerce Commission or a
successor agency, if any, or Department of Defense of the United
States, or in similar regulatory bodies shall apply to any
transportation, terminal, or other facility owned, operated,
leased, or controlled by the port authority with the same force
and effect as if the transportation, terminal, or other facility
were owned, operated, leased, or controlled by a private
corporation.
ARTICLE 5
OBSOLETE MUNICIPAL BOARD REFERENCES
AND RELATED CHAPTER 414 PROVISIONS
Section 1. Minnesota Statutes 2002, section 4A.02, is
amended to read:
4A.02 [STATE DEMOGRAPHER.]
(a) The director shall appoint a state demographer. The
demographer must be professionally competent in demography and
must possess demonstrated ability based upon past performance.
(b) The demographer shall:
(1) continuously gather and develop demographic data
relevant to the state;
(2) design and test methods of research and data
collection;
(3) periodically prepare population projections for the
state and designated regions and periodically prepare
projections for each county or other political subdivision of
the state as necessary to carry out the purposes of this
section;
(4) review, comment on, and prepare analysis of population
estimates and projections made by state agencies, political
subdivisions, other states, federal agencies, or nongovernmental
persons, institutions, or commissions;
(5) serve as the state liaison with the United States
Bureau of the Census, coordinate state and federal demographic
activities to the fullest extent possible, and aid the
legislature in preparing a census data plan and form for each
decennial census;
(6) compile an annual study of population estimates on the
basis of county, regional, or other political or geographical
subdivisions as necessary to carry out the purposes of this
section and section 4A.03;
(7) by January 1 of each year, issue a report to the
legislature containing an analysis of the demographic
implications of the annual population study and population
projections;
(8) prepare maps for all counties in the state, all
municipalities with a population of 10,000 or more, and other
municipalities as needed for census purposes, according to scale
and detail recommended by the United States Bureau of the
Census, with the maps of cities showing precinct boundaries;
(9) prepare an estimate of population and of the number of
households for each governmental subdivision for which the
metropolitan council does not prepare an annual estimate, and
convey the estimates to the governing body of each political
subdivision by May 1 of each year;
(10) direct, under section 414.01, subdivision 14, and
certify population and household estimates of annexed or
detached areas of municipalities or towns after being notified
of the order or letter of approval by the Minnesota municipal
board director; and
(11) prepare, for any purpose for which a population
estimate is required by law or needed to implement a law, a
population estimate of a municipality or town whose population
is affected by action under section 379.02 or 414.01,
subdivision 14.
(c) A governing body may challenge an estimate made under
paragraph (b) by filing their specific objections in writing
with the state demographer by June 10. If the challenge does
not result in an acceptable estimate by June 24, the governing
body may have a special census conducted by the United States
Bureau of the Census. The political subdivision must notify the
state demographer by July 1 of its intent to have the special
census conducted. The political subdivision must bear all costs
of the special census. Results of the special census must be
received by the state demographer by the next April 15 to be
used in that year's May 1 estimate to the political subdivision
under paragraph (b).
Sec. 2. Minnesota Statutes 2002, section 14.03,
subdivision 2, is amended to read:
Subd. 2. [CONTESTED CASE PROCEDURES.] The contested case
procedures of the Administrative Procedure Act provided in
sections 14.57 to 14.69 do not apply to (a) the Minnesota
municipal board proceedings under chapter 414, except as
specified in that chapter, (b) the commissioner of corrections,
(c) the unemployment insurance benefits program and the social
security disability determination program in the department of
economic security, (d) the commissioner of mediation services,
(e) the workers' compensation division in the department of
labor and industry, (f) the workers' compensation court of
appeals, or (g) the board of pardons.
Sec. 3. Minnesota Statutes 2002, section 40A.121, is
amended to read:
40A.121 [ANNEXATION PROCEEDINGS.]
Subdivision 1. [ANNEXATION PROHIBITED.] Land within an
agricultural preserve that is within a township may not be
annexed to a municipality under chapter 414, unless the
Minnesota municipal board director of the office of strategic
and long-range planning finds that either:
(1) the owner or the county has initiated termination of
the zone under section 40A.11;
(2) because of size, tax base, population or other relevant
factors, the township would not be able to provide normal
governmental functions and services; or
(3) the zone would be completely surrounded by lands within
a municipality.
Subd. 2. [EXCEPTION.] This section does not apply to
annexation agreements approved by the Minnesota municipal board
under chapter 414 prior to creation of the zone.
Sec. 4. Minnesota Statutes 2002, section 272.67,
subdivision 1, is amended to read:
Subdivision 1. Any city however organized, except in those
counties situated in a metropolitan area as defined in Minnesota
Statutes 1961, Section 473.02, Subdivision 5, which contain
cities of the first class, may by ordinance adopted in the
manner provided in this section divide its area into an urban
service district and a rural service district, constituting
separate taxing districts for the purpose of all municipal
property taxes except those levied for the payment of bonds and
judgments and interest thereon. In proceedings for annexation,
incorporation, or consolidation being conducted pursuant to
chapter 414, the Minnesota municipal board director of the
office of strategic and long-range planning may by order divide
a municipality into an urban service district and a rural
service district, such districts to be designated by the board
in accordance with the criteria set out in subdivision 2.
Thereafter, said urban service district and rural service
district may be changed in the same manner that an ordinance or
amendment is changed in accordance with this section.
Sec. 5. Minnesota Statutes 2002, section 276A.09, is
amended to read:
276A.09 [CHANGE IN STATUS OF MUNICIPALITY.]
If a municipality is dissolved, is consolidated with all or
part of another municipality, annexes territory, has a portion
of its territory detached from it, or is newly incorporated, the
secretary of state shall immediately certify that fact to the
commissioner of revenue. The secretary of state shall also
certify to the commissioner of revenue the current population of
the new, enlarged, or successor municipality, if determined by
the Minnesota municipal board director of the office of
strategic and long-range planning incident to consolidation,
annexation, or incorporation proceedings. The population so
certified shall govern for purposes of sections 276A.01 to
276A.09 until the state demographer files the first population
estimate as of a later date with the commissioner of revenue.
If an annexation of unincorporated land occurs without
proceedings before the Minnesota municipal board director of the
office of strategic and long-range planning, the population of
the annexing municipality as previously determined shall
continue to govern for purposes of sections 276A.01 to 276A.09
until the state demographer files the first population estimate
as of a later date with the commissioner of revenue.
Sec. 6. Minnesota Statutes 2002, section 365.46,
subdivision 2, is amended to read:
Subd. 2. [COPIES.] The county auditor shall also send a
copy of the notice of the dissolution to: (1) the state
demographer, (2) the land management information center, (3) the
Minnesota municipal board director of the office of strategic
and long-range planning, and (4) the commissioner of
transportation.
Sec. 7. Minnesota Statutes 2002, section 379.05, is
amended to read:
379.05 [AUDITOR TO ABSTRACT REPORT FOR AGENCIES, ENTER TOWN
RECORD.]
Each county auditor shall within 30 days after any such
town is organized transmit by mail to the commissioner of
revenue, the secretary of state, the state demographer, the land
management information center, the Minnesota municipal board
director of the office of strategic and long-range planning, and
the commissioner of transportation an abstract of such report,
giving the name and boundaries of such town and record in a book
kept for that purpose a full description of each such town.
Sec. 8. Minnesota Statutes 2002, section 412.021,
subdivision 1, is amended to read:
Subdivision 1. [ELECTION.] Upon the filing of the
certificate with the secretary of state, if the vote is in favor
of incorporation, the judges of election appointed by the
Minnesota municipal board director of the office of strategic
and long-range planning or the county board as the case may be,
shall fix a day at least 15 and not more than 30 days thereafter
and a place for the holding of an election for officers. The
judges shall also fix the time, not less than three hours,
during which the polls shall remain open at the election and
shall post a notice setting forth the time and place of such
election in three public places in the city for at least ten
days preceding the election.
Sec. 9. Minnesota Statutes 2002, section 412.091, is
amended to read:
412.091 [DISSOLUTION.]
Whenever a number of voters equal to one-third of those
voting at the last preceding city election petition the
municipal board director of the office of strategic and
long-range planning therefor, a special election shall be called
to vote upon the question of dissolving the city. Before the
election, the executive director of the board director shall
designate a time and place for a hearing before the board in
accordance with section 414.09. After the hearing the board the
director shall issue its an order which shall include a date for
the election, a determination of what town or towns the
territory of the city shall belong to if the voters favor
dissolution, and other necessary provisions. The ballots used
at such election shall bear the printed words, "For Dissolution"
and "Against Dissolution," with a square before each phrase in
which the voter may express a preference by a cross. If a
majority of those voting on the question favor dissolution, the
clerk shall file a certificate of the result with the municipal
board director, the secretary of state and the county auditor of
the county in which the city is situated. Six months after the
date of such election, the city shall cease to exist. Within
such six months, the council shall audit all claims against the
city, settle with the treasurer, and other city officers, and
apply the assets of the city to the payment of its debts. If
any debts remain unpaid, other than bonds, the city clerk shall
file a schedule of such debts with the county treasurer and the
council shall levy a tax sufficient for their payment, the
proceeds of which, when collected, shall be paid by the county
treasurer to the creditors in proportion to their several claims
until all are discharged. The principal and interest on
outstanding bonds shall be paid when due by the county treasurer
from a tax annually spread by the county auditor against
property formerly included within the city until the bonds are
fully paid. All city property and all rights of the city shall,
upon dissolution, inure in the town or towns designated by the
board as the legal successor to the city. If the city territory
goes to more than one town, surplus cash assets and unsold city
property shall be distributed as provided by the board order for
the election.
Sec. 10. Minnesota Statutes 2002, section 414.09,
subdivision 3, is amended to read:
Subd. 3. [ELECTIONS OF MUNICIPAL OFFICERS.] (a) An order
approving an incorporation or consolidation pursuant to this
chapter, or an order requiring an election under section
414.031, subdivision 4a, shall set a date for this an election
of new municipal officers not less than 45 days nor more than 60
days after the issuance of such order.
(b) The director shall appoint an acting clerk for election
purposes, at least three election judges who shall be residents
of the new municipality, and shall designate polling places
within the new municipality.
(c) The acting clerk shall prepare the official election
ballot.
(d) Affidavits of candidacy may be filed by Any person
eligible to hold municipal office may file an affidavit of
candidacy not more than four weeks nor less than two weeks
before the date designated in the order for the election.
(e) The election shall be conducted in conformity with the
charter and the laws for conducting municipal elections insofar
as applicable.
(f) Any person eligible to vote at a township or municipal
election within the area of the new municipality, is eligible to
vote at such election.
(g) Any excess in the expense of conducting the election
over receipts from filing fees shall be a charge against the new
municipality; any excess of receipts shall be deposited in the
treasury of the new municipality.
Sec. 11. Minnesota Statutes 2002, section 473.129,
subdivision 5, is amended to read:
Subd. 5. [LOCAL GOVERNMENTAL PARTICIPATION.] The
metropolitan council may (1) participate as a party in any
proceedings originating before the Minnesota municipal board
under chapter 414, if the proceedings involve the change in a
boundary of a governmental unit in the metropolitan area, and (2)
conduct studies of the feasibility of annexing, enlarging, or
consolidating units in the metropolitan area.
Sec. 12. Minnesota Statutes 2002, section 473F.13,
subdivision 1, is amended to read:
Subdivision 1. [CERTIFICATION OF CHANGE IN STATUS.] If a
municipality is dissolved, is consolidated with all or part of
another municipality, annexes territory, has a portion of its
territory detached from it, or is newly incorporated, the
secretary of state shall immediately certify that fact to the
commissioner of revenue. The secretary of state shall also
certify to the commissioner of revenue the current population of
the new, enlarged, or successor municipality, if determined by
the Minnesota municipal board director of the office of
strategic and long-range planning incident to consolidation,
annexation, or incorporation proceedings. The population so
certified shall govern for purposes of sections 473F.01 to
473F.13 until the metropolitan council files its first
population estimate as of a later date with the commissioner of
revenue. If an annexation of unincorporated land occurs without
proceedings before the Minnesota municipal board director, the
population of the annexing municipality as previously determined
shall continue to govern for purposes of sections 473F.01 to
473F.13 until the metropolitan council files its first
population estimate as of a later date with the commissioner of
revenue.
Sec. 13. Minnesota Statutes 2002, section 473H.14, is
amended to read:
473H.14 [ANNEXATION PROCEEDINGS.]
Agricultural preserve land within a township shall not be
annexed to a municipality pursuant to chapter 414, without a
specific finding by the Minnesota municipal board director of
the office of strategic and long-range planning that either (a)
the expiration period as provided for in section 473H.08 has
begun; (b) the township due to size, tax base, population or
other relevant factors would not be able to provide normal
governmental functions and services; or (c) the agricultural
preserve would be completely surrounded by lands within a
municipality.
This section shall not apply to annexation agreements
approved by the Minnesota municipal board under proceedings
authorized by chapter 414 prior to creation of the preserve.
Sec. 14. Minnesota Statutes 2002, section 572A.015,
subdivision 2, is amended to read:
Subd. 2. [MEDIATION.] Within ten days of receiving a
request for mediation that the director of the office of
strategic and long-range planning has required under section
414.12, subdivision 1, the bureau shall provide written notice
of the request for mediation to the parties and provide a list
of neutrals experienced in land use planning and local
government issues obtained from the supreme court, Minnesota
municipal board, bureau of mediation services, Minnesota state
bar association, Hennepin county bar association, office of
dispute resolution, and others. Within 30 days thereafter, the
affected parties, as defined in section 414.10, subdivision 1,
shall select a mediator from the list of neutrals or someone
else acceptable to the parties and submit to mediation for a
period of 30 days facilitated by the bureau. If the dispute
remains unresolved after the close of the 30-day mediation
period, the bureau shall prepare a report of its recommendations
and transmit the report within 30 days to the parties. Within
60 days after the date of issuance of the mediator's report, the
dispute shall be submitted to binding arbitration as provided in
this chapter. The mediator's report submitted to the parties is
informational only and is not admissible in arbitration.
Sec. 15. Minnesota Statutes 2002, section 572A.02,
subdivision 6, is amended to read:
Subd. 6. [DECISION.] The arbitrators, after a hearing on
the matter, shall make a decision regarding the dispute within
60 days and transmit an order to the parties and the office of
strategic and long-range planning or the municipal board.
Unless appealed by an aggrieved party within 30 days of receipt
of the arbitration panel's order by the municipal board office,
the municipal board office shall execute an order in accordance
with the arbitration panel's order and shall cause copies of the
same to be mailed to all parties entitled to mailed notice, the
secretary of state, the department of revenue, the state
demographer, individual property owners if initiated in that
manner, the affected county auditor, and any other party of
record. The affected county auditor shall record the order
against the affected property.
Sec. 16. Minnesota Statutes 2002, section 572A.03,
subdivision 5, is amended to read:
Subd. 5. [ORDERLY ANNEXATIONS WITHIN A DESIGNATED AREA.]
For orderly annexations within a designated area under section
414.0325, which require a hearing, the arbitration panel may
order the annexation: (1) if it finds that the subject area is
now or is about to become urban or suburban in character and
that the annexing municipality is capable of providing the
services required by the area within a reasonable time; (2) if
it finds that the existing township form of government is not
adequate to protect the public health, safety, and welfare; or
(3) if it finds that annexation would be in the best interests
of the subject area. The board panel may deny the annexation if
it conflicts with any provision of the joint agreement. The
board panel may alter the boundaries of the proposed annexation
by increasing or decreasing the area so as to include that
property within the designated area which is in need of
municipal services or will be in need of municipal services.
If the annexation is denied, no proceeding for the
annexation of substantially the same area may be initiated
within two years from the date of the board's order unless the
new proceeding is initiated by a majority of the area's property
owners and the petition is supported by affected parties to the
resolution. In all cases, the arbitration panel shall set forth
the factors which are the basis for the decision.
Sec. 17. [REPEALER.]
Minnesota Statutes 2002, section 572A.015, subdivision 1,
and Laws 2002, chapter 223, section 25, subdivision 3, are
repealed.
ARTICLE 6
OBSOLETE REFERENCES TO THE BOARD OF
GOVERNMENT INNOVATION AND COOPERATION
Section 1. Minnesota Statutes 2002, section 465.81,
subdivision 1, is amended to read:
Subdivision 1. [SCOPE.] Sections 465.81 to 465.87 465.86
establish procedures to be used by counties, cities, or towns
that adopt by resolution an agreement providing a plan to
provide combined services during an initial cooperation period
that may not exceed two years and then:
(1) to merge into a single unit of government over the
succeeding two-year period; or
(2) to agree to apportion the entire area of at least one
local government unit between or among two or more local
government units contiguous to the unit to be apportioned,
resulting in the elimination of at least one local government
unit over the succeeding two years.
Sec. 2. Minnesota Statutes 2002, section 465.81,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] As used in sections 465.81 to
465.87 465.86, the words defined in this subdivision have the
meanings given them in this subdivision.
"Board" means the board of government innovation and
cooperation.
"City" means home rule charter or statutory cities.
"Governing body" means, in the case of a county, the county
board; in the case of a city, the city council; and, in the case
of a town, the town board.
"Local government unit" or "unit" includes counties,
cities, and towns.
Sec. 3. Minnesota Statutes 2002, section 465.82,
subdivision 1, is amended to read:
Subdivision 1. [ADOPTION AND STATE AGENCY REVIEW.] Each
governing body that proposes to take part in a combination under
sections 465.81 to 465.87 465.86 must by resolution adopt a plan
for cooperation and combination. The plan must address each
item in this section. The plan must be specific for any item
that will occur within three years and may be general or set
forth alternative proposals for an item that will occur more
than three years in the future. The plan must be submitted to
the board of government innovation and cooperation for review
and comment. For a metropolitan area local government unit, the
plan must also be submitted to the metropolitan council for
review and comment. The council may point out any resources or
technical assistance it may be able to provide a governing body
submitting a plan under this subdivision. Significant
modifications and specific resolutions of items must be
submitted to the board and council, if appropriate, for review
and comment. In the official newspaper of each local government
unit proposing to take part in the combination, the governing
body shall publish at least a summary of the adopted plans, each
significant modification and resolution of items, and, if
appropriate, the results of each board and council review and
comment. If a territory of a unit is to be apportioned between
or among two or more units contiguous to the unit that is to be
apportioned, the plan must specify the area that will become a
part of each remaining unit.
Sec. 4. Minnesota Statutes 2002, section 465.82,
subdivision 2, is amended to read:
Subd. 2. [CONTENTS OF PLAN.] The plan must state:
(1) the specific cooperative activities the units will
engage in during the first two years of the venture;
(2) the steps to be taken to effect the merger of the
governmental units, with completion no later than four years
after the process begins;
(3) the steps by which a single governing body will be
created or, when the entire territory of a unit will be
apportioned between or among two or more units contiguous to the
unit that is to be apportioned, the steps to be taken by the
governing bodies of the remaining units to provide for
representation of the residents of the apportioned unit;
(4) changes in services provided, facilities used, and
administrative operations and staffing required to effect the
preliminary cooperative activities and the final merger, and a
two-, five-, and ten-year projection of expenditures for each
unit if it combined and if it remained separate;
(5) treatment of employees of the merging governmental
units, specifically including provisions for reassigning
employees, dealing with exclusive representatives, and providing
financial incentives to encourage early retirements;
(6) financial arrangements for the merger, specifically
including responsibility for debt service on outstanding
obligations of the merging units;
(7) one- and two-year impact analyses, prepared by the
granting state agency at the request of the local government
unit, of major state aid revenues received for each unit if it
combined and if it remained separate, including an impact
analysis, prepared by the department of revenue, of any property
tax revenue implications associated with tax increment financing
districts and fiscal disparities under chapter 276A or 473F
resulting from the merger;
(8) procedures for a referendum to be held before the
proposed combination to approve combining the local government
units, specifically stating whether a majority of those voting
in each district proposed for combination or a majority of those
voting on the question in the entire area proposed for
combination is needed to pass the referendum; and
(9) a time schedule for implementation.
Notwithstanding clause (3) or any other law to the
contrary, all current members of the governing bodies of the
local government units that propose to combine under sections
465.81 to 465.88 465.86 may serve on the initial governing body
of the combined unit until a gradual reduction in membership is
achieved by foregoing election of new members when terms expire
until the number permitted by other law is reached.
Sec. 5. Minnesota Statutes 2002, section 465.84, is
amended to read:
465.84 [REFERENDUM.]
During the first or second year of cooperation, and after
approval of the plan by the board under section 465.83, a
referendum on the question of combination must be conducted.
The referendum must be on a date called by the governing bodies
of the units that propose to combine. The referendum must be
conducted according to the Minnesota Election Law, as defined in
section 200.01. If the referendum fails, the same question or a
modified question may be submitted the following year. If the
referendum fails again, the same question may not be submitted.
Referendums shall be conducted on the same date in all local
government units.
Presented to the governor March 17, 2003
Signed by the governor March 19, 2003, 4:05 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes