Office of the Revisor of Statutes
Minnesota Session Laws - 2004, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 228-H.F.No. 2577
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superseded provisions; making miscellaneous technical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 3.971, subdivision
8; 13.07; 13.461, by adding a subdivision; 13.465,
subdivision 1, by adding a subdivision; 13.475,
subdivision 4; 13.4965, by adding a subdivision;
13.4967, by adding a subdivision; 13.7411, subdivision
5; 15.0591, subdivision 2; 18F.02, subdivision 2a;
60A.23, subdivision 5; 82.34, subdivision 15; 85.053,
subdivision 2; 89.391; 97A.055, subdivision 4;
103B.101, subdivision 10; 115B.16, subdivision 4;
115B.18, subdivision 1; 116A.11, subdivision 1;
119A.05, subdivision 1; 126C.48, subdivision 8;
162.081, subdivision 4; 163.16, subdivision 1;
163.161; 164.05, subdivision 3; 164.08, subdivision 1;
168.12, subdivision 2d; 181.953, subdivision 1;
214.03, subdivision 1; 237.39; 256D.03, subdivision 8;
260B.175, subdivision 1; 270B.01, subdivision 8;
272.0212, subdivision 2; 273.1398, subdivisions 1, 2d,
3; 275.07, subdivision 1; 276.04, subdivision 2;
290.191, subdivision 5; 290C.04; 306.32; 325F.19,
subdivision 3; 325F.69, subdivisions 1, 4; 326.10,
subdivisions 1, 7; 326.12, subdivision 2; 326.13;
326.15; 336.9-531; 344.20; 348.02; 357.021,
subdivision 5; 365.59; 366.17; 368.85, subdivision 9;
385.09; 395.14; 477A.011, subdivisions 21, 27, 35;
477A.015; 609.3452, subdivision 2; Minnesota Statutes
2003 Supplement, sections 13.4963, subdivision 2;
18G.14, subdivisions 1, 8; 37.31, subdivision 4;
62J.692, subdivision 10; 62J.694, subdivision 1;
97A.482; 115B.31, subdivision 1; 116J.966, subdivision
1; 119B.125, subdivision 2; 127A.45, subdivision 10;
144.395, subdivision 1; 192.501, subdivision 2;
216C.41, subdivision 1; 246.014; 256.954, subdivision
3; 256B.0943, subdivisions 5, 7, 9, 12, by adding a
subdivision; 270B.03, subdivision 6; 273.1392;
273.1398, subdivision 4c; 297A.668, subdivision 3;
297A.669, subdivision 16; 308B.201; 308B.311,
subdivision 6; 308B.471, subdivision 2; 308B.735,
subdivision 1; 365.52, subdivision 1; 469.177,
subdivision 9; 469.339, subdivision 2; 473.253,
subdivision 1; Laws 2003, First Special Session
chapter 11, article 2, section 21; Laws 2003, First
Special Session chapter 21, article 8, section 10;
repealing Minnesota Statutes 2002, sections 18.79,
subdivision 11; 115B.241; 273.1398, subdivisions 1a,
2e; 275.07, subdivisions 1a, 5; Laws 2001, chapter
161, section 29; Laws 2001, First Special Session
chapter 5, article 3, section 9; Laws 2002, chapter
364, section 15; Laws 2002, chapter 380, article 4,
section 1; Laws 2003, chapter 112, article 2, section
35; Laws 2003, chapter 127, article 5, section 19;
Laws 2003, chapter 127, article 7, section 1; Laws
2003, chapter 128, article 2, section 13; Laws 2003,
chapter 128, article 3, section 44; Laws 2003, First
Special Session chapter 9, article 5, section 29;
Minnesota Rules, parts 1220.0200; 1220.0300;
1220.0400; 1220.0500; 1220.0600; 1220.0700; 1220.0800;
1220.0900; 7380.0200; 7380.0210; 7380.0220; 7380.0230;
7380.0240.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
GENERAL
Section 1. Minnesota Statutes 2002, section 3.971,
subdivision 8, is amended to read:
Subd. 8. [BEST PRACTICES REVIEWS.] (a) The legislative
auditor shall conduct best practices reviews that examine the
procedures and practices used to deliver local government
services, determine the methods of local government service
delivery, identify variations in cost and effectiveness, and
identify practices to save money or provide more effective
service delivery. The legislative auditor shall recommend to
local governments service delivery methods and practices to
improve the cost-effectiveness of services. The legislative
auditor and the Board of Government Innovation and Cooperation
shall notify each other of projects being conducted relating to
improving local government services.
(b) The commission shall approve local government services
to be reviewed with advice from an advisory council appointed by
the legislative auditor and consisting of:
(1) three representatives from the Association of Minnesota
Counties;
(2) three representatives from the League of Minnesota
Cities;
(3) two representatives from the Association of
Metropolitan Municipalities;
(4) one representative from the Minnesota Association of
Townships; and
(5) one representative from the Minnesota Association of
School Administrators.
Sec. 2. Minnesota Statutes 2002, section 13.07, is amended
to read:
13.07 [DUTIES OF THE COMMISSIONER.]
The commissioner shall with the advice of the
Intergovernmental Information Services Advisory Council
promulgate rules, in accordance with the rulemaking procedures
in the Administrative Procedure Act which shall apply to state
agencies, statewide systems and political subdivisions to
implement the enforcement and administration of this chapter.
The rules shall not affect section 13.04, relating to rights of
subjects of data. Prior to the adoption of rules authorized by
this section the commissioner shall give notice to all state
agencies and political subdivisions in the same manner and in
addition to other parties as required by section 14.06 of the
date and place of hearing, enclosing a copy of the rules to be
adopted.
Sec. 3. Minnesota Statutes 2002, section 13.461, is
amended by adding a subdivision to read:
Subd. 7a. [BACKGROUND STUDIES.] Access to and sharing of
data for human services background studies under chapter 245C
are governed by that chapter.
Sec. 4. Minnesota Statutes 2002, section 13.465,
subdivision 1, is amended to read:
Subdivision 1. [SCOPE.] The sections referred to in
subdivisions 2 to 14 15 are codified outside this chapter.
Those sections classify domestic relations data as other than
public, place restrictions on access to government data, or
involve data sharing.
Sec. 5. Minnesota Statutes 2002, section 13.465, is
amended by adding a subdivision to read:
Subd. 15. [GUARDIAN OR CONSERVATOR; BACKGROUND
STUDY.] Access to data for background studies required by the
court under section 524.5-118, is governed by that section.
Sec. 6. Minnesota Statutes 2002, section 13.475,
subdivision 4, is amended to read:
Subd. 4. [COMMISSIONER OF ECONOMIC SECURITY UNEMPLOYMENT;
WAGE DETAIL.] Data maintained by the commissioner of employment
and economic security development pursuant to the administration
of the Minnesota Unemployment Insurance Law are classified under
and may be disseminated as provided in section 268.19,
subdivision 1. Wage and employment data gathered pursuant to
section 268.044 may be disseminated as provided in section
268.19, subdivision 1a.
Sec. 7. Minnesota Statutes 2003 Supplement, 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, 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. 8. Minnesota Statutes 2002, section 13.4965, is
amended by adding a subdivision to read:
Subd. 2a. [UNIFORM ASSESSMENT DATA.] Data on property
shared to promote uniform assessment is governed by section
273.061, subdivision 8a.
Sec. 9. Minnesota Statutes 2002, section 13.4967, is
amended by adding a subdivision to read:
Subd. 2b. [SUSTAINABLE FOREST INCENTIVE.] Data collected
under section 290C.04 are classified and may be shared as
provided in paragraph (d) of that section.
Sec. 10. Minnesota Statutes 2002, section 13.7411,
subdivision 5, is amended to read:
Subd. 5. [ENVIRONMENTAL RESPONSE AND LIABILITY.] (a)
[RESPONSIBLE PERSONS.] Certain data obtained by the Pollution
Control Agency from a person who may be responsible for a
release are classified in section 115B.17, subdivision 5.
(b) [HAZARDOUS WASTE GENERATORS.] Data exchanged between
the Pollution Control Agency and the Department of Revenue under
sections 115B.24 and 116.075, subdivision 2, are classified
under section 115B.24, subdivision 5.
(c) [HARMFUL SUBSTANCE COMPENSATION.] Access to data
collected and maintained in connection with harmful substance
compensation reimbursement is governed by sections 115B.28,
subdivision 2; and 115B.35, subdivision 2.
(d) (c) [DRYCLEANERS ENVIRONMENTAL ACCOUNT.] Disclosure of
data collected under section 115B.49, subdivision 4, is governed
by chapter 270B.
Sec. 11. Minnesota Statutes 2002, section 15.0591,
subdivision 2, is amended to read:
Subd. 2. [BODIES AFFECTED.] A member meeting the
qualifications in subdivision 1 must be appointed to the
following boards, commissions, advisory councils, task forces,
or committees:
(1) Advisory Council on Battered Women and Domestic Abuse;
(2) Advisory Task Force on the Use of State Facilities;
(3) Alcohol and Other Drug Abuse Advisory Council;
(4) Board of Examiners for Nursing Home Administrators;
(5) Board on Aging;
(6) Chiropractic Examiners Board;
(7) Consumer Advisory Council on Vocational Rehabilitation;
(8) Council on Disability;
(9) Council on Affairs of Chicano/Latino People;
(10) Council on Black Minnesotans;
(11) Dentistry Board;
(12) Department of Economic Security Advisory Council;
(13) Higher Education Services Office;
(14) Housing Finance Agency;
(15) Indian Advisory Council on Chemical Dependency;
(16) Medical Practice Board;
(17) Medical Policy Directional Task Force on Mental
Health;
(18) Minnesota Employment and Economic Development Task
Force;
(19) (18) Minnesota State Arts Board;
(20) (19) Nursing Board;
(21) (20) Optometry Board;
(22) (21) Pharmacy Board;
(23) (22) Board of Physical Therapy;
(24) (23) Podiatry Board;
(25) (24) Psychology Board;
(26) Veterans Advisory Committee.
Sec. 12. Minnesota Statutes 2002, section 18F.02,
subdivision 2a, is amended to read:
Subd. 2a. [AGRICULTURALLY RELATED ORGANISM.]
"Agriculturally related organism" means any organism that is
used in agricultural production or processing of agricultural
products. It includes livestock and livestock products; dairy
animals and dairy products; poultry and poultry products;
domestic fur-bearing animals; animal feeds; horticultural stock;
nursery stock, as defined in section 18.46, subdivision 3
18G.02, subdivision 17; fruit; vegetables; forage grain; wild
rice; seeds; bees; apiary products; and products for the control
or mitigation of noxious weeds. It excludes vaccines and drugs
for use in humans; genetic engineering of human germ cells and
human somatic cells intended for use in human gene therapy;
vaccines for use in livestock, dairy animals, poultry, domestic
fur-bearing animals, or private aquatic life; genetically
engineered wild animals; and forestry products.
Sec. 13. Minnesota Statutes 2003 Supplement, section
18G.14, subdivision 1, is amended to read:
Subdivision 1. [DECLARATION OF POLICY.] The abatement or
suppression of mosquitoes is advisable and necessary for the
maintenance and improvement of the health, welfare, and
prosperity of the people. Areas where mosquitoes incubate or
hatch are declared to be public nuisances and may be abated
under this section. Mosquito abatement may be undertaken under
sections 18.041 to 18.161 this section anywhere in the state by
any governmental unit.
Sec. 14. Minnesota Statutes 2003 Supplement, section
18G.14, subdivision 8, is amended to read:
Subd. 8. [POWERS OF BOARD.] A mosquito abatement board and
a joint board established under this section 18.131 may, either
by board action or through its members, officers, agents, or
employees, as may be appropriate:
(1) enter any property within the governmental unit at
reasonable times to determine whether mosquito breeding exists;
(2) take necessary and proper steps for the abatement of
mosquitoes and other insects and arachnids, such as ticks,
mites, and spiders, as the commissioner may designate;
(3) subject to the paramount control of county and state
authorities, lagoon and clean up any stagnant pool of water and
clean up shores of lakes and streams and other mosquito breeding
places;
(4) spray with insecticides, approved by the commissioner,
areas in the governmental unit found to be breeding places for
mosquitoes or other insects or arachnids designated under clause
(2);
(5) purchase supplies and equipment and employ persons
necessary and proper for mosquito abatement;
(6) accept gifts of money or equipment to be used for
mosquito abatement; and
(7) enter into contracts necessary to accomplish mosquito
abatement.
Sec. 15. Minnesota Statutes 2003 Supplement, section
37.31, subdivision 4, is amended to read:
Subd. 4. [RESOLUTION AND TERMS OF SALE.] The bonds of the
society must be authorized by a resolution or resolutions
adopted by the society. The bonds must bear the date or dates,
mature at the time or times, bear interest at a fixed or
variable rate, including a rate varying periodically at the time
or times and on the terms determined by the society, or any
combination of fixed and variable rates, be in the
denominations, be in the form, carry the registration
privileges, be executed in the manner, be payable in lawful
money of the United States, at the place or places within or
without the state, and be subject to the terms of redemption or
purchase before maturity as the resolutions or certificates
provide. If, for any reason existing at the date of issue of
the bonds or existing at the date of making or purchasing any
loan or securities from the proceeds or after that date, the
interest on the bonds is or becomes subject to federal income
taxation, this fact does not affect the validity or the
provisions made for the security of the bonds. The society may
make covenants and take or have taken actions that are in its
judgment necessary or desirable to comply with conditions
established by federal law or regulations for the exemption of
interest on its obligations. The society may refrain from
compliance with those conditions if in its judgment this would
serve the purposes and policies set forth in this chapter with
respect to any particular issue of bonds, unless this would
violate covenants made by the society. The maximum maturity of
a bond, whether or not issued for the purpose of refunding, must
be 30 years from its date. The bonds of the society may be sold
at public or private sale, at a price or prices determined by
the society; provided that:
(1) the aggregate price at which an issue of bonds is
initially offered by underwriters to investors, as stated in the
authority's society's official statement with respect to the
offering, must not exceed by more than three percent the
aggregate price paid by the underwriters to the society at the
time of delivery;
(2) the commission paid by the society to an underwriter
for placing an issue of bonds with investors must not exceed
three percent of the aggregate price at which the issue is
offered to investors as stated in the society's offering
statement; and
(3) the spread or commission must be an amount determined
by the society to be reasonable in light of the risk assumed and
the expenses of issuance, if any, required to be paid by the
underwriters.
Sec. 16. Minnesota Statutes 2003 Supplement, section
62J.692, subdivision 10, is amended to read:
Subd. 10. [TRANSFERS FROM UNIVERSITY OF MINNESOTA.] Of the
funds dedicated to the Academic Health Center under section
297F.10, subdivision 1, paragraph (b), clause (1), $4,850,000
shall be transferred annually to the commissioner of health no
later than April 15 of each year for distribution under
subdivision 4, paragraph (f).
Sec. 17. Minnesota Statutes 2003 Supplement, section
62J.694, subdivision 1, is amended to read:
Subdivision 1. [CREATION; USE OF CASH RESERVES.] (a) The
medical education endowment fund is created in the state
treasury. The State Board of Investment shall invest the fund
under section 11A.24. All earnings of the fund must be credited
to the fund. The principal of the fund must be maintained
inviolate, except that the principal may be used to make
expenditures from the fund for the purposes specified in this
section when the market value of the fund falls below 105
percent of the cumulative total of the tobacco settlement
payments received by the state and credited to the tobacco
settlement fund under Minnesota Statutes 2002, section 16A.87,
subdivision 2. For purposes of this section, "principal" means
an amount equal to the cumulative total of the tobacco
settlement payments received by the state and credited to the
tobacco settlement fund under Minnesota Statutes 2002, section
16A.87, subdivision 2.
(b) If the commissioner of finance determines that probable
receipts to the general fund will be sufficient to meet the need
for expenditures from the general fund for a fiscal biennium,
after using the cash reserves of the tobacco use prevention and
local public health endowment fund, excluding an amount
sufficient to meet the annual appropriations in section 144.395,
subdivision 2, the commissioner may use cash reserves of the
medical education endowment fund, excluding the amounts needed
to meet the appropriations described in subdivisions 2 and 2a,
to pay expenses of the general fund. If cash reserves are
transferred to the general fund to meet cash flow needs, the
amount transferred, plus interest at a rate comparable to the
rate earned by the state on invested commissioner of finance
cash, as determined monthly by the commissioner, must be
returned to the endowment fund as soon as sufficient cash
balances are available in the general fund, but in any event
before the end of the fiscal biennium. An amount necessary to
pay the interest is appropriated from the general fund. If cash
reserves of the endowment fund are used to pay expenses for the
general fund, notwithstanding subdivision 2, paragraph (d), the
Academic Health Center shall be held harmless to the extent
possible. When determining the fair market value of the fund,
for the purposes described in subdivisions 2 and 2a, the value
of the cash reserves transferred to the general fund must be
included in the determination.
(c) The Academic Health Center account is created as a
separate account in the medical education endowment fund. The
account is invested under paragraph (a). All earnings of the
account must be credited to the account. The principal of the
account must be maintained inviolate, except that the principal
may be used to make expenditures from the account for the
purposes specified in subdivision 2a when the value of the
account falls below an amount equal to deposits made to the
account under Minnesota Statutes, section 16A.87, subdivision 3,
paragraph (b).
Sec. 18. Minnesota Statutes 2002, section 82.34,
subdivision 15, is amended to read:
Subd. 15. [APPROPRIATION.] Any sums received by the
commissioner pursuant to any provisions of this section shall be
deposited in the state treasury, and credited to the real estate
education, research and recovery fund, and said sums shall be
allocated exclusively for the purposes provided in this
section. All moneys in the fund are appropriated annually to
the commissioner for the purposes of this section.
All money credited to the fund under section 462A.201 may
only be used for purposes under subdivision 6, clause (g) (f).
Beginning in 1990, the commissioner must, on February 1 of each
year, review the amount of money spent or allocated for uses
under subdivision 6, clause (g) (f), for the previous calendar
year. If the amount spent or allocated is less than the amount
credited to the fund under section 462A.201 during the same
calendar year, the difference must be transferred from the fund
to the housing trust fund account established in section
462A.201. If the fund balance exceeds $4,000,000, the
commissioner may suspend the fee imposed under subdivision 3.
Sec. 19. Minnesota Statutes 2002, section 85.053,
subdivision 2, is amended to read:
Subd. 2. [REQUIREMENT.] Except as provided in section
85.054, a motor vehicle may not enter a state park, state
recreation area, or state wayside over 50 acres in area, without
a state park permit issued under this section. Except for
vehicles permitted under subdivision 7, paragraph (a), clause
(3) (2), the state park permit must be affixed to the lower
right corner windshield of the motor vehicle and must be
completely affixed by its own adhesive to the windshield.
Sec. 20. Minnesota Statutes 2002, section 89.391, is
amended to read:
89.391 [NURSERY INSPECTION CERTIFICATES; LIMITATIONS ON
ISSUANCE.]
No certificate of inspection shall be issued pursuant to
section 18.51 18H.05 by the commissioner of agriculture to a
person who is determined by the commissioner of natural
resources to have purchased trees pursuant to sections 89.35 to
89.39 and who is selling, giving, removing, or permitting the
removal of the trees with roots attached, in violation of
section 89.38.
Sec. 21. Minnesota Statutes 2002, section 97A.055,
subdivision 4, is amended to read:
Subd. 4. [ANNUAL REPORTS.] (a) By November 15 each year,
the commissioner shall submit to the legislative committees
having jurisdiction over appropriations and the environment and
natural resources reports on each of the following:
(1) the amount of revenue from the following and purposes
for which expenditures were made:
(i) the small game license surcharge under section 97A.475,
subdivision 4;
(ii) the Minnesota migratory waterfowl stamp under section
97A.475, subdivision 5, clause (1);
(iii) the trout and salmon stamp under section 97A.475,
subdivision 10;
(iv) the pheasant stamp under section 97A.475, subdivision
5, clause (2); and
(v) the turkey stamp under section 97A.475, subdivision 5,
clause (3);
(2) the amounts available under section 97A.075,
subdivision 1, paragraphs (b) and (c), and the purposes for
which these amounts were spent;
(3) money credited to the game and fish fund under this
section and purposes for which expenditures were made from the
fund;
(4) outcome goals for the expenditures from the game and
fish fund; and
(5) summary and comments of citizen oversight committee
reviews under subdivision 4a 4b.
(b) The report must include the commissioner's
recommendations, if any, for changes in the laws relating to the
stamps and surcharge referenced in paragraph (a).
Sec. 22. Minnesota Statutes 2003 Supplement, section
97A.482, is amended to read:
97A.482 [LICENSE APPLICATIONS; COLLECTION OF SOCIAL
SECURITY NUMBERS.]
(a) All applicants for individual noncommercial game and
fish licenses under this chapter and chapters 97B and 97C must
include the applicant's social security number on the license
application. If an applicant does not have a Social Security
number, the applicant must certify that the applicant does not
have a Social Security number.
(b) The Social Security numbers collected by the
commissioner on game and fish license applications are private
data under section 13.49 13.355, subdivision 1, and must be
provided by the commissioner to the commissioner of human
services for child support enforcement purposes. Title IV-D of
the Social Security Act, United States Code, title 42, section
666(a)(13), requires the collection of Social Security numbers
on game and fish license applications for child support
enforcement purposes.
Sec. 23. Minnesota Statutes 2002, section 103B.101,
subdivision 10, is amended to read:
Subd. 10. [COMMITTEE FOR DISPUTE RESOLUTION.] A committee
of the board is established to hear and resolve disputes,
appeals, and interventions under sections 103A.301 to 103A.341;
103B.231, subdivision 9; 103B.345; and 103D.535; 103D.537; and
103G.2242, subdivision 9. The committee consists of two of the
three citizen members; one county commissioner member; one soil
and water conservation district supervisor member; and one
watershed district or watershed management organization
representative member. The committee is appointed by the board
chair.
Sec. 24. Minnesota Statutes 2002, section 115B.16,
subdivision 4, is amended to read:
Subd. 4. [PENALTIES.] (a) Any person who knowingly
violates the provisions of subdivision 1 is subject to a civil
penalty in an amount determined by the court of not more than
$100,000, and shall be liable under sections 115B.04 and 115B.05
for any release or threatened release of any hazardous substance
resulting from the violation.
(b) Any person who knowingly fails to record an affidavit
as required by subdivision 2 shall be liable under sections
115B.04 and 115B.05 for any release or threatened release of any
hazardous substance from a facility located on that property.
(c) A civil penalty may be imposed and recovered by an
action brought by a county attorney or by the attorney general
in the district court of the county in which the property is
located.
(d) Any civil fines recovered under this subdivision shall
be deposited in the account remediation fund.
Sec. 25. Minnesota Statutes 2002, section 115B.18,
subdivision 1, is amended to read:
Subdivision 1. [CIVIL PENALTIES.] Any person responsible
for a release or threatened release from a facility of a
pollutant or contaminant which presents an imminent and
substantial danger to the public health or welfare or the
environment or for a release or threatened release of a
hazardous substance from a facility shall forfeit and pay to the
state a civil penalty in an amount to be determined by the court
of not more than $20,000 per day for each day that the person
fails to take reasonable and necessary response actions or to
make reasonable progress in completing response actions
requested as provided in subdivision 3.
The penalty provided under this subdivision may be
recovered by an action brought by the attorney general in the
name of the state in connection with an action to recover
expenses of the agency under section 115B.17, subdivision 6, or
by a separate action in the District Court of Ramsey County.
All penalties recovered under this subdivision shall be
deposited in the remediation fund.
Sec. 26. Minnesota Statutes 2003 Supplement, section
115B.31, subdivision 1, is amended to read:
Subdivision 1. [SUBSEQUENT ACTION OR CLAIM PROHIBITED IN
CERTAIN CASES.] (a) A person who has settled a claim for an
eligible injury or eligible property damage with a responsible
person, either before or after bringing an action in court for
that injury or damage, may not file a claim with the account
fund for the same injury or damage. A person who has received a
favorable judgment in a court action for an eligible injury or
eligible property damage may not file a claim with the fund for
the same injury or damage, unless the judgment cannot be
satisfied in whole or in part against the persons responsible
for the release of the harmful substance. A person who has
filed a claim with the agency or its predecessor, the Harmful
Substance Compensation Board, may not file another claim with
the agency for the same eligible injury or damage, unless the
claim was inactivated by the agency or board as provided in
section 115B.32, subdivision 1.
(b) A person who has filed a claim with the agency or board
for an eligible injury or damage, and who has received and
accepted an award from the agency or board, is precluded from
bringing an action in court for the same eligible injury or
damage.
(c) A person who files a claim with the agency for personal
injury or property damage must include all known claims eligible
for compensation in one proceeding before the agency.
Sec. 27. Minnesota Statutes 2003 Supplement, section
116J.966, subdivision 1, is amended to read:
Subdivision 1. [GENERALLY.] (a) The commissioner shall
promote, develop, and facilitate trade and foreign investment in
Minnesota. In furtherance of these goals, and in addition to
the powers granted by section 116J.035, the commissioner may:
(1) locate, develop, and promote international markets for
Minnesota products and services;
(2) arrange and lead trade missions to countries with
promising international markets for Minnesota goods, technology,
services, and agricultural products;
(3) promote Minnesota products and services at domestic and
international trade shows;
(4) organize, promote, and present domestic and
international trade shows featuring Minnesota products and
services;
(5) host trade delegations and assist foreign traders in
contacting appropriate Minnesota businesses and investments;
(6) develop contacts with Minnesota businesses and gather
and provide information to assist them in locating and
communicating with international trading or joint venture
counterparts;
(7) provide information, education, and counseling services
to Minnesota businesses regarding the economic, commercial,
legal, and cultural contexts of international trade;
(8) provide Minnesota businesses with international trade
leads and information about the availability and sources of
services relating to international trade, such as export
financing, licensing, freight forwarding, international
advertising, translation, and custom brokering;
(9) locate, attract, and promote foreign direct investment
and business development in Minnesota to enhance employment
opportunities in Minnesota;
(10) provide foreign businesses and investors desiring to
locate facilities in Minnesota information regarding sources of
governmental, legal, real estate, financial, and business
services;
(11) enter into contracts or other agreements with private
persons and public entities, including agreements to establish
and maintain offices and other types of representation in
foreign countries, to carry out the purposes of promoting
international trade and attracting investment from foreign
countries to Minnesota and to carry out this section, without
regard to section 16C.06; and
(12) market trade-related materials to businesses and
organizations, and the proceeds of which must be placed in a
special revolving account and are appropriated to the
commissioner to prepare and distribute trade-related materials.
(b) The programs and activities of the commissioner of
employment and economic development and the Minnesota Trade
Division may not duplicate programs and activities of the
commissioner of agriculture or the Minnesota World Trade Center.
(c) The commissioner shall notify the chairs of the senate
Finance and house Appropriations Committees of each agreement
under this subdivision to establish and maintain an office or
other type of representation in a foreign country.
Sec. 28. Minnesota Statutes 2002, section 119A.05,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY FOR FUNDING CONSOLIDATION.]
Notwithstanding existing law governing allocation of funds by
local grantees, mode of service delivery, grantee planning and
reporting requirements, and other procedural requirements for
the grant programs identified in this section, a local grantee
may elect to consolidate all or a portion of funding received
from the programs under subdivision 5 in a collaboration funding
plan, if all conditions specified in this section are
satisfied. County boards, school boards, or governing boards of
other grantees may elect not to consolidate funding for a
program.
For grantees electing consolidation, the commissioner may,
with the approval of the Board of Government Innovation and
Cooperation, waive all provisions of rules inconsistent with the
intent of this section. This waiver authority does not apply to
rules governing client protections, due process, or inclusion of
clients, parents, cultures, and ethnicities in decision making.
Funding to a local grantee must be determined according to the
funding formulas or allocation rules governing the individual
programs listed in section 119A.04.
Sec. 29. Minnesota Statutes 2003 Supplement, section
119B.125, subdivision 2, is amended to read:
Subd. 2. [PERSONS WHO CANNOT BE AUTHORIZED.] (a) A person
who meets any of the conditions under paragraphs (b) to (n) must
not be authorized as a legal nonlicensed family child care
provider. For purposes of this subdivision, a finding that a
delinquency petition is proven in juvenile court must be
considered a conviction in state district court.
(b) The person has been convicted of one of the following
offenses or has admitted to committing or a preponderance of the
evidence indicates that the person has committed an act that
meets the definition of one of the following offenses: sections
609.185 to 609.195, murder in the first, second, or third
degree; 609.2661 to 609.2663, murder of an unborn child in the
first, second, or third degree; 609.322, solicitation,
inducement, or promotion of prostitution; 609.323, or receiving
profit from prostitution; 609.342 to 609.345, criminal sexual
conduct in the first, second, third, or fourth degree; 609.352,
solicitation of children to engage in sexual conduct; 609.365,
incest; 609.377, felony malicious punishment of a child;
617.246, use of minors in sexual performance; 617.247,
possession of pictorial representation of a minor; 609.2242 to
609.2243, felony domestic assault; a felony offense of spousal
abuse; a felony offense of child abuse or neglect; a felony
offense of a crime against children; or an attempt or conspiracy
to commit any of these offenses as defined in Minnesota
Statutes; or an offense in any other state or country where the
elements are substantially similar to any of the offenses listed
in this paragraph.
(c) Less than 15 years have passed since the discharge of
the sentence imposed for the offense and the person has received
a felony conviction for one of the following offenses, or the
person has admitted to committing or a preponderance of the
evidence indicates that the person has committed an act that
meets the definition of a felony conviction for one of the
following offenses: sections 609.20 to 609.205, manslaughter in
the first or second degree; 609.21, criminal vehicular homicide;
609.215, aiding suicide or aiding attempted suicide; 609.221 to
609.2231, assault in the first, second, third, or fourth degree;
609.224, repeat offenses of fifth degree assault; 609.228, great
bodily harm caused by distribution of drugs; 609.2325, criminal
abuse of a vulnerable adult; 609.2335, financial exploitation of
a vulnerable adult; 609.235, use of drugs to injure or
facilitate a crime; 609.24, simple robbery; 617.241, repeat
offenses of obscene materials and performances; 609.245,
aggravated robbery; 609.25, kidnapping; 609.255, false
imprisonment; 609.2664 to 609.2665, manslaughter of an unborn
child in the first or second degree; 609.267 to 609.2672,
assault of an unborn child in the first, second, or third
degree; 609.268, injury or death of an unborn child in the
commission of a crime; 609.27, coercion; 609.275, attempt to
coerce; 609.324, subdivision 1, other prohibited acts, minor
engaged in prostitution; 609.3451, repeat offenses of criminal
sexual conduct in the fifth degree; 609.378, neglect or
endangerment of a child; 609.52, theft; 609.521, possession of
shoplifting gear; 609.561 to 609.563, arson in the first,
second, or third degree; 609.582, burglary in the first, second,
third, or fourth degree; 609.625, aggravated forgery; 609.63,
forgery; 609.631, check forgery, offering a forged check;
609.635, obtaining signature by false pretenses; 609.66,
dangerous weapon; 609.665, setting a spring gun; 609.67,
unlawfully owning, possessing, or operating a machine gun;
609.687, adulteration; 609.71, riot; 609.713, terrorist threats;
609.749, harassment, stalking; 260.221 260C.301, grounds for
termination of parental rights; 152.021 to 152.022, controlled
substance crime in the first or second degree; 152.023,
subdivision 1, clause (3) or (4), or 152.023, subdivision 2,
clause (4), controlled substance crime in third degree; 152.024,
subdivision 1, clause (2), (3), or (4), controlled substance
crime in fourth degree; 617.23, repeat offenses of indecent
exposure; an attempt or conspiracy to commit any of these
offenses as defined in Minnesota Statutes; or an offense in any
other state or country where the elements are substantially
similar to any of the offenses listed in this paragraph.
(d) Less than ten years have passed since the discharge of
the sentence imposed for the offense and the person has received
a gross misdemeanor conviction for one of the following offenses
or the person has admitted to committing or a preponderance of
the evidence indicates that the person has committed an act that
meets the definition of a gross misdemeanor conviction for one
of the following offenses: sections 609.224, fifth degree
assault; 609.2242 to 609.2243, domestic assault; 518B.01,
subdivision 14, violation of an order for protection; 609.3451,
fifth degree criminal sexual conduct; 609.746, repeat offenses
of interference with privacy; 617.23, repeat offenses of
indecent exposure; 617.241, obscene materials and performances;
617.243, indecent literature, distribution; 617.293,
disseminating or displaying harmful material to minors; 609.71,
riot; 609.66, dangerous weapons; 609.749, harassment, stalking;
609.224, subdivision 2, paragraph (c), fifth degree assault
against a vulnerable adult by a caregiver; 609.23, mistreatment
of persons confined; 609.231, mistreatment of residents or
patients; 609.2325, criminal abuse of a vulnerable adult;
609.2335, financial exploitation of a vulnerable adult; 609.233,
criminal neglect of a vulnerable adult; 609.234, failure to
report maltreatment of a vulnerable adult; 609.72, subdivision
3, disorderly conduct against a vulnerable adult; 609.265,
abduction; 609.378, neglect or endangerment of a child; 609.377,
malicious punishment of a child; 609.324, subdivision 1a, other
prohibited acts, minor engaged in prostitution; 609.33,
disorderly house; 609.52, theft; 609.582, burglary in the first,
second, third, or fourth degree; 609.631, check forgery,
offering a forged check; 609.275, attempt to coerce; an attempt
or conspiracy to commit any of these offenses as defined in
Minnesota Statutes; or an offense in any other state or country
where the elements are substantially similar to any of the
offenses listed in this paragraph.
(e) Less than seven years have passed since the discharge
of the sentence imposed for the offense and the person has
received a misdemeanor conviction for one of the following
offenses or the person has admitted to committing or a
preponderance of the evidence indicates that the person has
committed an act that meets the definition of a misdemeanor
conviction for one of the following offenses: sections 609.224,
fifth degree assault; 609.2242, domestic assault; 518B.01,
violation of an order for protection; 609.3232, violation of an
order for protection; 609.746, interference with privacy;
609.79, obscene or harassing telephone calls; 609.795, letter,
telegram, or package opening, harassment; 617.23, indecent
exposure; 609.2672, assault of an unborn child, third degree;
617.293, dissemination and display of harmful materials to
minors; 609.66, dangerous weapons; 609.665, spring guns; an
attempt or conspiracy to commit any of these offenses as defined
in Minnesota Statutes; or an offense in any other state or
country where the elements are substantially similar to any of
the offenses listed in this paragraph.
(f) The person has been identified by the county's child
protection agency or by the statewide child protection database
as the person allegedly responsible for physical or sexual abuse
of a child within the last seven years.
(g) The person has been identified by the county's adult
protection agency or by the statewide adult protection database
as the person responsible for abuse or neglect of a vulnerable
adult within the last seven years.
(h) The person has refused to give written consent for
disclosure of criminal history records.
(i) The person has been denied a family child care license
or has received a fine or a sanction as a licensed child care
provider that has not been reversed on appeal.
(j) The person has a family child care licensing
disqualification that has not been set aside.
(k) The person has admitted or a county has found that
there is a preponderance of evidence that fraudulent information
was given to the county for application purposes or was used in
submitting bills for payment.
(l) The person has been convicted or there is a
preponderance of evidence of the crime of theft by wrongfully
obtaining public assistance.
(m) The person has a household member age 13 or older who
has access to children during the hours that care is provided
and who meets one of the conditions listed in paragraphs (b) to
(l).
(n) The person has a household member ages ten to 12 who
has access to children during the hours that care is provided;
information or circumstances exist which provide the county with
articulable suspicion that further pertinent information may
exist showing the household member meets one of the conditions
listed in paragraphs (b) to (l); and the household member
actually meets one of the conditions listed in paragraphs (b) to
(l).
Sec. 30. Minnesota Statutes 2003 Supplement, section
144.395, subdivision 1, is amended to read:
Subdivision 1. [CREATION.] (a) The tobacco use prevention
and local public health endowment fund is created in the state
treasury. The State Board of Investment shall invest the fund
under section 11A.24. All earnings of the fund must be credited
to the fund. The principal of the fund must be maintained
inviolate, except that the principal may be used to make
expenditures from the fund for the purposes specified in this
section when the market value of the fund falls below 105
percent of the cumulative total of the tobacco settlement
payments received by the state and credited to the tobacco
settlement fund under Minnesota Statutes 2002, section 16A.87,
subdivision 2. For purposes of this section, "principal" means
an amount equal to the cumulative total of the tobacco
settlement payments received by the state and credited to the
tobacco settlement fund under Minnesota Statutes 2002, section
16A.87, subdivision 2.
(b) If the commissioner of finance determines that probable
receipts to the general fund will be sufficient to meet the need
for expenditures from the general fund for a fiscal biennium,
the commissioner may use cash reserves of the tobacco use
prevention and local public health endowment fund, excluding an
amount sufficient to meet the annual appropriations in
subdivision 2, to pay expenses of the general fund. If cash
reserves are transferred to the general fund to meet cash flow
needs, the amount transferred, plus interest at a rate
comparable to the rate earned by the state on invested
commissioner of finance cash, as determined monthly by the
commissioner, must be returned to the endowment fund as soon as
sufficient cash balances are available in the general fund, but
in any event before the end of the fiscal biennium. An amount
necessary to pay the interest is appropriated from the general
fund. If cash reserves of the endowment fund are used to pay
expenses for the general fund, the recipients of the grants
shall be held harmless to the extent possible in the following
order: (1) local public health; (2) local tobacco prevention;
and (3) statewide tobacco prevention. When determining the fair
market value of the fund, for the purposes described in
subdivision 2, the value of the cash reserves transferred to the
general fund must be included in the determination.
Sec. 31. Minnesota Statutes 2002, section 168.12,
subdivision 2d, is amended to read:
Subd. 2d. [READY RESERVE; SPECIAL PLATES.] (a) The
registrar shall issue special license plates to an applicant who
is not eligible for special license plates under subdivision 2c,
who is a member of the United States Armed Forces Ready Reserve
as described in United States Code, title 10, section 268 10142
or 10143, and is an owner or joint owner of a passenger
automobile, van, or pickup truck, on paying a fee of $10, paying
the registration tax required by law, and complying with other
laws of this state relating to registration and licensing of
motor vehicles and drivers. The commissioner of veterans
affairs shall design these special plates subject to the
approval of the registrar. No applicant may be issued more than
two sets of plates for vehicles owned or jointly owned by the
applicant. The commissioner of veterans affairs shall estimate
the number of special plates that will be required and submit
the estimate to the registrar.
(b) Special plates issued under this subdivision may only
be used during the period that the owner or joint owner of the
vehicle is a member of the ready reserve. When the person is no
longer a member, the special plates must be removed from the
vehicle and returned to the registrar. On returning the special
plates, the owner or purchaser of the vehicle is entitled to
receive regular plates for the vehicle without cost for the rest
of the registration period for which the special plates were
issued. While the person is a member of the ready reserve,
plates issued under this subdivision may be transferred to
another motor vehicle owned or jointly owned by that person on
paying a fee of $5.
(c) The fees collected under this subdivision must be paid
into the state treasury and credited to the highway user tax
distribution fund.
(d) The registrar may adopt rules under the Administrative
Procedure Act to govern the issuance and use of the special
plates authorized by this subdivision.
Sec. 32. Minnesota Statutes 2002, section 181.953,
subdivision 1, is amended to read:
Subdivision 1. [USE OF LICENSED, ACCREDITED, OR CERTIFIED
LABORATORY REQUIRED.] (a) An employer who requests or requires
an employee or job applicant to undergo drug or alcohol testing
shall use the services of a testing laboratory that meets one of
the following criteria for drug testing:
(1) is certified by the National Institute on Drug Abuse as
meeting the mandatory guidelines published at 54 53 Federal
Register 11970 to 11989, April 11, 1988;
(2) is accredited by the College of American Pathologists,
325 Waukegan Road, Northfield, Illinois, 60093-2750, under the
forensic urine drug testing laboratory program; or
(3) is licensed to test for drugs by the state of New York,
Department of Health, under Public Health Law, article 5, title
V, and rules adopted under that law.
(b) For alcohol testing, the laboratory must either be:
(1) licensed to test for drugs and alcohol by the state of
New York, Department of Health, under Public Health Law, article
5, title V, and the rules adopted under that law; or
(2) accredited by the College of American Pathologists, 325
Waukegan Road, Northfield, Illinois, 60093-2750, in the
laboratory accreditation program.
Sec. 33. Minnesota Statutes 2003 Supplement, section
192.501, subdivision 2, is amended to read:
Subd. 2. [TUITION AND TEXTBOOK REIMBURSEMENT GRANT
PROGRAM.] (a) The adjutant general shall establish a program to
provide tuition and textbook reimbursement grants to eligible
members of the Minnesota National Guard within the limitations
of this subdivision.
(b) Eligibility is limited to a member of the National
Guard who:
(1) is serving satisfactorily as defined by the adjutant
general;
(2) is attending a postsecondary educational institution,
as defined by section 136A.15, subdivision 6, including a
vocational or technical school operated or regulated by this
state or another state or province; and
(3) provides proof of satisfactory completion of
coursework, as defined by the adjutant general.
In addition, if a member of the Minnesota National Guard is
killed in the line of state active service or federally funded
state active service, as defined in section 190.05, subdivisions
5a and 5b, the member's surviving spouse, and any surviving
dependent who has not yet reached 24 years of age, is eligible
for a tuition and textbook reimbursement grant.
The adjutant general may, within the limitations of this
paragraph and other applicable laws, determine additional
eligibility criteria for the grant, and must specify the
criteria in department regulations and publish changes as
necessary.
(c) The amount of a tuition and textbook reimbursement
grant must be specified on a schedule as determined and
published in department regulations by the adjutant general, but
is limited to a maximum of an amount equal to the greater of:
(1) 75 80 percent of the cost of tuition for lower division
programs in the College of Liberal Arts at the Twin Cities
campus of the University of Minnesota in the most recent
academic year; or
(2) 50 80 percent of the cost of tuition for the program in
which the person is enrolled at that Minnesota public
institution, or if that public institution is outside the state
of Minnesota, for the cost of a comparable program at the
University of Minnesota, except that in the case of a survivor
as defined in paragraph (b), the amount of the tuition and
textbook reimbursement grant for coursework satisfactorily
completed by the person is limited to 100 percent of the cost of
tuition for postsecondary courses at a Minnesota public
educational institution.
Paragraph (b) notwithstanding, a person is no longer
eligible for a grant under this subdivision once the person has
received grants under this subdivision for the equivalent of 208
quarter credits or 144 semester credits of coursework.
(d) Tuition and textbook reimbursement grants received
under this subdivision may not be considered by the Minnesota
Higher Education Services Office or by any other state board,
commission, or entity in determining a person's eligibility for
a scholarship or grant-in-aid under sections 136A.095 to
136A.1311.
(e) If a member fails to complete a term of enlistment
during which a tuition and textbook reimbursement grant was
paid, the adjutant general may seek to recoup a prorated amount
as determined by the adjutant general.
[EFFECTIVE DATE.] This section is effective retroactively
from June 30, 2003.
Sec. 34. Minnesota Statutes 2002, section 214.03,
subdivision 1, is amended to read:
Subdivision 1. [STANDARDIZED TESTS USED.] All state
examining and licensing boards, other than the State Board of
Law Examiners, the state Board of Lawyers Professional
Responsibility Board or any other board established by the
Supreme Court to regulate the practice of law and judicial
functions, shall use national standardized tests for the
objective, nonpractical portion of any examination given to
prospective licensees to the extent that such national
standardized tests are appropriate, except when the subject
matter of the examination relates to the application of
Minnesota law to the profession or calling being licensed.
Sec. 35. Minnesota Statutes 2003 Supplement, section
216C.41, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) The definitions in this
subdivision apply to this section.
(b) "Qualified hydroelectric facility" means a
hydroelectric generating facility in this state that:
(1) is located at the site of a dam, if the dam was in
existence as of March 31, 1994; and
(2) begins generating electricity after July 1, 1994, or
generates electricity after substantial refurbishing of a
facility that begins after July 1, 2001.
(c) "Qualified wind energy conversion facility" means a
wind energy conversion system in this state that:
(1) produces two megawatts or less of electricity as
measured by nameplate rating and begins generating electricity
after December 31, 1996, and before July 1, 1999;
(2) begins generating electricity after June 30, 1999,
produces two megawatts or less of electricity as measured by
nameplate rating, and is:
(i) owned by a resident of Minnesota or an entity that is
organized under the laws of this state, is not prohibited from
owning agricultural land under section 500.24, and that owns the
land where the facility is sited;
(ii) owned by a Minnesota small business as defined in
section 645.445;
(iii) owned by a Minnesota nonprofit organization;
(iv) owned by a tribal council if the facility is located
within the boundaries of the reservation;
(v) owned by a Minnesota municipal utility or a Minnesota
cooperative electric association; or
(vi) owned by a Minnesota political subdivision or local
government, including, but not limited to, a county, statutory
or home rule charter city, town, school district, or any other
local or regional governmental organization such as a board,
commission, or association; or
(3) begins generating electricity after June 30, 1999,
produces seven megawatts or less of electricity as measured by
nameplate rating, and:
(i) is owned by a cooperative organized under chapter 308A
other than a Minnesota cooperative electric association; and
(ii) all shares and membership in the cooperative are held
by an entity that is not prohibited from owning agricultural
land under section 500.24.
(d) "Qualified on-farm biogas recovery facility" means an
anaerobic digester system that:
(1) is located at the site of an agricultural operation;
(2) is owned by an entity that is not prohibited from
owning agricultural land under section 500.24 and that owns or
rents the land where the facility is located; and
(3) begins generating electricity after July 1, 2001.
(e) "Anaerobic digester system" means a system of
components that processes animal waste based on the absence of
oxygen and produces gas used to generate electricity.
Sec. 36. Minnesota Statutes 2003 Supplement, section
246.014, is amended to read:
246.014 [SERVICES.]
The measure of services established and prescribed by
section 246.012, are:
(a) The commissioner of human services shall develop and
maintain state-operated services in a manner consistent with
sections 245.461, 245.487, and 253.28, and chapters 252A 252,
254A, and 254B. State-operated services shall be provided in
coordination with counties and other vendors. State-operated
services shall include regional treatment centers, specialized
inpatient or outpatient treatment programs, enterprise services,
community-based services and programs, community preparation
services, consultative services, and other services consistent
with the mission of the Department of Human Services. These
services shall include crisis beds, waivered homes, intermediate
care facilities, and day training and habilitation facilities.
The administrative structure of state-operated services must be
statewide in character. The state-operated services staff may
deliver services at any location throughout the state.
(b) The commissioner of human services shall create and
maintain forensic services programs. Forensic services shall be
provided in coordination with counties and other vendors.
Forensic services shall include specialized inpatient programs
at secure treatment facilities as defined in section 253B.02,
subdivision 18a, consultative services, aftercare services,
community-based services and programs, transition services, or
other services consistent with the mission of the Department of
Human Services.
(c) Community preparation services as identified in
paragraphs (a) and (b) are defined as specialized inpatient or
outpatient services or programs operated outside of a secure
environment but are administered by a secured treatment facility.
(d) The commissioner of human services may establish
policies and procedures which govern the operation of the
services and programs under the direct administrative authority
of the commissioner.
Sec. 37. Minnesota Statutes 2003 Supplement, section
256.954, subdivision 3, is amended to read:
Subd. 3. [DEFINITIONS.] For the purpose of this section,
the following terms have the meanings given them.
(a) "Commissioner" means the commissioner of human services.
(b) "Manufacturer" means a manufacturer as defined in
section 151.44, paragraph (c).
(c) "Covered prescription drug" means a prescription drug
as defined in section 151.44, paragraph (d), that is covered
under medical assistance as described in section 256B.0625,
subdivision 13, and that is provided by a manufacturer that has
a fully executed rebate agreement with the commissioner under
this section and complies with that agreement.
(d) "Health carrier" means an insurance company licensed
under chapter 60A to offer, sell, or issue an individual or
group policy of accident and sickness insurance as defined in
section 62A.01; a nonprofit health service plan corporation
operating under chapter 62C; a health maintenance organization
operating under chapter 62D; a joint self-insurance employee
health plan operating under chapter 62H; a community integrated
systems network licensed under chapter 62N; a fraternal benefit
society operating under chapter 64B; a city, county, school
district, or other political subdivision providing self-insured
health coverage under section 461.617 471.617 or sections 471.98
to 471.982; and a self-funded health plan under the Employee
Retirement Income Security Act of 1974, as amended.
(e) "Participating pharmacy" means a pharmacy as defined in
section 151.01, subdivision 2, that agrees to participate in the
prescription drug discount program.
(f) "Enrolled individual" means a person who is eligible
for the program under subdivision 4 and has enrolled in the
program according to subdivision 5.
Sec. 38. Minnesota Statutes 2003 Supplement, section
256B.0943, subdivision 5, is amended to read:
Subd. 5. [PROVIDER ENTITY ADMINISTRATIVE INFRASTRUCTURE
REQUIREMENTS.] (a) To be an eligible provider entity under this
section, a provider entity must have an administrative
infrastructure that establishes authority and accountability for
decision making and oversight of functions, including finance,
personnel, system management, clinical practice, and performance
measurement. The provider must have written policies and
procedures that it reviews and updates every three years and
distributes to staff initially and upon each subsequent update.
(b) The administrative infrastructure written policies and
procedures must include:
(1) personnel procedures, including a process for: (i)
recruiting, hiring, training, and retention of culturally and
linguistically competent providers; (ii) conducting a criminal
background check on all direct service providers and volunteers;
(iii) investigating, reporting, and acting on violations of
ethical conduct standards; (iv) investigating, reporting, and
acting on violations of data privacy policies that are compliant
with federal and state laws; (v) utilizing volunteers, including
screening applicants, training and supervising volunteers, and
providing liability coverage for volunteers; and (vi)
documenting that a each mental health professional, mental
health practitioner, or mental health behavioral aide meets the
applicable provider qualification criteria, training criteria
under subdivision 8, and clinical supervision or direction of a
mental health behavioral aide requirements under subdivision 6;
(2) fiscal procedures, including internal fiscal control
practices and a process for collecting revenue that is compliant
with federal and state laws;
(3) if a client is receiving services from a case manager
or other provider entity, a service coordination process that
ensures services are provided in the most appropriate manner to
achieve maximum benefit to the client. The provider entity must
ensure coordination and nonduplication of services consistent
with county board coordination procedures established under
section 245.4881, subdivision 5;
(4) a performance measurement system, including monitoring
to determine cultural appropriateness of services identified in
the individual treatment plan, as determined by the client's
culture, beliefs, values, and language, and family-driven
services; and
(5) a process to establish and maintain individual client
records. The client's records must include:
(i) the client's personal information;
(ii) forms applicable to data privacy;
(iii) the client's diagnostic assessment, updates, results
of tests, individual treatment plan, and individual behavior
plan, if necessary;
(iv) documentation of service delivery as specified under
subdivision 6;
(v) telephone contacts;
(vi) discharge plan; and
(vii) if applicable, insurance information.
Sec. 39. Minnesota Statutes 2003 Supplement, section
256B.0943, subdivision 7, is amended to read:
Subd. 7. [QUALIFICATIONS OF INDIVIDUAL AND TEAM
PROVIDERS.] (a) An individual or team provider working within
the scope of the provider's practice or qualifications may
provide service components of children's therapeutic services
and supports that are identified as medically necessary in a
client's individual treatment plan.
(b) An individual provider and multidisciplinary team
includes must be qualified as:
(1) a mental health professional as defined in subdivision
1, paragraph (m); or
(2) a mental health practitioner as defined in section
245.4871, subdivision 26. The mental health practitioner must
work under the clinical supervision of a mental health
professional; or
(3) a mental health behavioral aide working under the
direction of a mental health professional to implement the
rehabilitative mental health services identified in the client's
individual treatment plan. A level I mental health behavioral
aide must:
(i) be at least 18 years old;
(ii) have a high school diploma or general equivalency
diploma (GED) or two years of experience as a primary caregiver
to a child with severe emotional disturbance within the previous
ten years; and
(iii) meet preservice and continuing education requirements
under subdivision 8. A level II mental health behavioral aide
must:
(i) be at least 18 years old;
(ii) have an associate or bachelor's degree or 4,000 hours
of experience in delivering clinical services in the treatment
of mental illness concerning children or adolescents; and
(iii) meet preservice and continuing education requirements
in subdivision 8;.
(4) (c) A preschool program multidisciplinary team that
includes must include at least one mental health professional
and one or more of the following individuals under the clinical
supervision of a mental health professional:
(i) a mental health practitioner; or
(ii) a program person, including a teacher, assistant
teacher, or aide, who meets the qualifications and training
standards of a level I mental health behavioral aide; or.
(5) (d) A day treatment multidisciplinary team that
includes must include at least one mental health professional
and one mental health practitioner.
Sec. 40. Minnesota Statutes 2003 Supplement, section
256B.0943, subdivision 9, is amended to read:
Subd. 9. [SERVICE DELIVERY CRITERIA.] (a) In delivering
services under this section, a certified provider entity must
ensure that:
(1) each individual provider's caseload size permits the
provider to deliver services to both clients with severe,
complex needs and clients with less intensive needs. The
provider's caseload size should reasonably enable the provider
to play an active role in service planning, monitoring, and
delivering services to meet the client's and client's family's
needs, as specified in each client's individual treatment plan;
(2) site-based programs, including day treatment and
preschool programs, provide staffing and facilities to ensure
the client's health, safety, and protection of rights, and that
the programs are able to implement each client's individual
treatment plan;
(3) a day treatment program is provided to a group of
clients by a multidisciplinary staff team under the clinical
supervision of a mental health professional. The day treatment
program must be provided in and by: (i) an outpatient hospital
accredited by the Joint Commission on Accreditation of Health
Organizations and licensed under sections 144.50 to 144.55; (ii)
a community mental health center under section 245.62; and (iii)
an entity that is under contract with the county board to
operate a program that meets the requirements of sections
245.4712, subdivision 2, and 245.4884, subdivision 2, and
Minnesota Rules, parts 9505.0170 to 9505.0475. The day
treatment program must stabilize the client's mental health
status while developing and improving the client's independent
living and socialization skills. The goal of the day treatment
program must be to reduce or relieve the effects of mental
illness and provide training to enable the client to live in the
community. The program must be available at least one day a
week for a minimum three-hour time block. The three-hour time
block must include at least one hour, but no more than two
hours, of individual or group psychotherapy. The remainder of
the three-hour time block may include recreation therapy,
socialization therapy, or independent living skills therapy, but
only if the therapies are included in the client's individual
treatment plan. Day treatment programs are not part of
inpatient or residential treatment services; and
(4) a preschool program is a structured treatment program
offered to a child who is at least 33 months old, but who has
not yet reached the first day of kindergarten, by a preschool
multidisciplinary team in a day program licensed under Minnesota
Rules, parts 9503.0005 to 9503.0175. The program must be
available at least one day a week for a minimum two-hour time
block. The structured treatment program may include individual
or group psychotherapy and recreation therapy, socialization
therapy, or independent living skills therapy, if included in
the client's individual treatment plan.
(b) A provider entity must deliver the service components
of children's therapeutic services and supports in compliance
with the following requirements:
(1) individual, family, and group psychotherapy must be
delivered as specified in Minnesota Rules, part 9505.0323;
(2) individual, family, or group skills training must be
provided by a mental health professional or a mental health
practitioner who has a consulting relationship with a mental
health professional who accepts full professional responsibility
for the training;
(3) crisis assistance must be intense, time-limited, and
designed to resolve or stabilize crisis through arrangements for
direct intervention and support services to the child and the
child's family. Crisis assistance must utilize resources
designed to address abrupt or substantial changes in the
functioning of the child or the child's family as evidenced by a
sudden change in behavior with negative consequences for well
being, a loss of usual coping mechanisms, or the presentation of
danger to self or others;
(4) medically necessary services that are provided by a
mental health behavioral aide must be designed to improve the
functioning of the child and support the family in activities of
daily and community living. A mental health behavioral aide
must document the delivery of services in written progress
notes. The mental health behavioral aide must implement goals
in the treatment plan for the child's emotional disturbance that
allow the child to acquire developmentally and therapeutically
appropriate daily living skills, social skills, and leisure and
recreational skills through targeted activities. These
activities may include:
(i) assisting a child as needed with skills development in
dressing, eating, and toileting;
(ii) assisting, monitoring, and guiding the child to
complete tasks, including facilitating the child's participation
in medical appointments;
(iii) observing the child and intervening to redirect the
child's inappropriate behavior;
(iv) assisting the child in using age-appropriate
self-management skills as related to the child's emotional
disorder or mental illness, including problem solving, decision
making, communication, conflict resolution, anger management,
social skills, and recreational skills;
(v) implementing deescalation techniques as recommended by
the mental health professional;
(vi) implementing any other mental health service that the
mental health professional has approved as being within the
scope of the behavioral aide's duties; or
(vii) assisting the parents to develop and use parenting
skills that help the child achieve the goals outlined in the
child's individual treatment plan or individual behavioral
plan. Parenting skills must be directed exclusively to the
child's treatment; and
(5) direction of a mental health behavioral aide must
include the following:
(i) a total of one hour of on-site observation by a mental
health professional during the first 12 hours of service
provided to a child;
(ii) ongoing on-site observation by a mental health
professional or mental health practitioner for at least a total
of one hour during every 40 hours of service provided to a
child; and
(iii) immediate accessibility of the mental health
professional or mental health practitioner to the mental health
behavioral aide during service provision.
Sec. 41. Minnesota Statutes 2003 Supplement, section
256B.0943, subdivision 12, is amended to read:
Subd. 12. [EXCLUDED SERVICES.] The following services are
not eligible for medical assistance payment as children's
therapeutic services and supports:
(1) service components of children's therapeutic services
and supports simultaneously provided by more than one provider
entity unless prior authorization is obtained;
(2) children's therapeutic services and supports provided
in violation of medical assistance policy in Minnesota Rules,
part 9505.0220;
(3) mental health behavioral aide services provided by a
personal care assistant who is not qualified as a mental health
behavioral aide and employed by a certified children's
therapeutic services and supports provider entity;
(4) services that are the responsibility of a residential
or program license holder, including foster care providers under
the terms of a service agreement or administrative rules
governing licensure; and
(5) up to 15 hours of children's therapeutic services and
supports provided within a six-month period to a child with
severe emotional disturbance who is residing in a hospital, a
group home as defined in Minnesota Rules, part 9560.0520,
subpart 4, a residential treatment facility licensed under
Minnesota Rules, parts 9545.0900 to 9545.1090, a regional
treatment center, or other institutional group setting or who is
participating in a program of partial hospitalization are
eligible for medical assistance payment if part of the discharge
plan; and
(6) adjunctive activities that may be offered by a provider
entity but are not otherwise covered by medical assistance,
including:
(i) a service that is primarily recreation oriented or that
is provided in a setting that is not medically supervised. This
includes sports activities, exercise groups, activities such as
craft hours, leisure time, social hours, meal or snack time,
trips to community activities, and tours;
(ii) a social or educational service that does not have or
cannot reasonably be expected to have a therapeutic outcome
related to the client's emotional disturbance;
(iii) consultation with other providers or service agency
staff about the care or progress of a client;
(iv) prevention or education programs provided to the
community; and
(v) treatment for clients with primary diagnoses of alcohol
or other drug abuse.
Sec. 42. Minnesota Statutes 2003 Supplement, section
256B.0943, is amended by adding a subdivision to read:
Subd. 13. [EXCEPTION TO EXCLUDED
SERVICES.] Notwithstanding subdivision 12, up to 15 hours of
children's therapeutic services and supports provided within a
six-month period to a child with severe emotional disturbance
who is residing in a hospital; a group home as defined in
Minnesota Rules, part 9560.0520, subpart 4; a residential
treatment facility licensed under Minnesota Rules, parts
9545.0900 to 9545.1090; a regional treatment center; or other
institutional group setting or who is participating in a program
of partial hospitalization are eligible for medical assistance
payment if part of the discharge plan.
Sec. 43. Minnesota Statutes 2002, section 256D.03,
subdivision 8, is amended to read:
Subd. 8. [PRIVATE INSURANCE POLICIES.] (a) Private
accident and health care coverage for medical services is
primary coverage and must be exhausted before general assistance
medical care is paid. When a person who is otherwise eligible
for general assistance medical care has private accident or
health care coverage, including a prepaid health plan, the
private health care benefits available to the person must be
used first and to the fullest extent. General assistance
medical care payment will not be made when either covered
charges are paid in full by a third party or the provider has an
agreement to accept payment for less than charges as payment in
full. Payment for patients that are simultaneously covered by
general assistance medical care and a liable third party other
than Medicare will be determined as the lesser of clauses (1) to
(3):
(1) the patient liability according to the provider/insurer
agreement;
(2) covered charges minus the third party payment amount;
or
(3) the general assistance medical care rate minus the
third party payment amount.
A negative difference will not be implemented.
(b) When a parent or a person with an obligation of support
has enrolled in a prepaid health care plan under section
518.171, subdivision 1, the commissioner of human services shall
limit the recipient of general assistance medical care to the
benefits payable under that prepaid health care plan to the
extent that services available under general assistance medical
care are also available under the prepaid health care plan.
(c) Upon furnishing general assistance medical care or
general assistance to any person having private accident or
health care coverage, or having a cause of action arising out of
an occurrence that necessitated the payment of assistance, the
state agency shall be subrogated, to the extent of the cost of
medical care, subsistence, or other payments furnished, to any
rights the person may have under the terms of the coverage or
under the cause of action. For purposes of this subdivision,
"state agency" includes prepaid health plans under contract with
the commissioner according to subdivision 4, paragraph (c), and
sections 256B.69, 256D.03, subdivision 4, paragraph (d), and
256L.12; children's mental health collaboratives under section
245.493; demonstration projects for persons with disabilities
under section 256B.77; nursing homes under the alternative
payment demonstration project under section 256B.434; and
county-based purchasing entities under section 256B.692.
This right of subrogation includes all portions of the
cause of action, notwithstanding any settlement allocation or
apportionment that purports to dispose of portions of the cause
of action not subject to subrogation.
(d) To recover under this section, the attorney general may
institute or join a civil action to enforce the subrogation
rights the commissioner established under this section.
Any prepaid health plan providing services under
subdivision 4, paragraph (c), and sections 256B.69, 256D.03,
subdivision 4, paragraph (d), and 256L.12; children's mental
health collaboratives under section 245.493; demonstration
projects for persons with disabilities under section 256B.77;
nursing homes under the alternative payment demonstration
project under section 256B.434; or the county-based purchasing
entity providing services under section 256B.692 may retain
legal representation to enforce the subrogation rights created
under this section or, if no action has been brought, may
initiate and prosecute an independent action on their behalf
against a person, firm, or corporation that may be liable to the
person to whom the care or payment was furnished.
(e) The state agency must be given notice of monetary
claims against a person, firm, or corporation that may be liable
in damages, or otherwise obligated to pay part or all of the
costs related to an injury when the state agency has paid or
become liable for the cost of care or payments related to the
injury. Notice must be given as follows:
(i) Applicants for general assistance or general assistance
medical care shall notify the state or county agency of any
possible claims when they submit the application. Recipients of
general assistance or general assistance medical care shall
notify the state or county agency of any possible claims when
those claims arise.
(ii) A person providing medical care services to a
recipient of general assistance medical care shall notify the
state agency when the person has reason to believe that a third
party may be liable for payment of the cost of medical care.
(iii) A person who is party to a claim upon which the state
agency may be entitled to subrogation under this section shall
notify the state agency of its potential subrogation claim
before filing a claim, commencing an action, or negotiating a
settlement. A person who is a party to a claim includes the
plaintiff, the defendants, and any other party to the cause of
action.
Notice given to the county agency is not sufficient to meet
the requirements of paragraphs (b) and (c).
(f) Upon any judgment, award, or settlement of a cause of
action, or any part of it, upon which the state agency has a
subrogation right, including compensation for liquidated,
unliquidated, or other damages, reasonable costs of collection,
including attorney fees, must be deducted first. The full
amount of general assistance or general assistance medical care
paid to or on behalf of the person as a result of the injury
must be deducted next and paid to the state agency. The rest
must be paid to the public assistance recipient or other
plaintiff. The plaintiff, however, must receive at least
one-third of the net recovery after attorney fees and collection
costs.
Sec. 44. Minnesota Statutes 2002, section 260B.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 260B.151, subdivision 5 260C.151,
subdivision 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 260B.154;
(b) In accordance with the laws relating to arrests; or
(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.
Sec. 45. Minnesota Statutes 2002, section 270B.01,
subdivision 8, is amended to read:
Subd. 8. [MINNESOTA TAX LAWS.] For purposes of this
chapter only, unless expressly stated otherwise, "Minnesota tax
laws" means the taxes, refunds, and fees administered by or paid
to the commissioner under chapters 115B (except taxes imposed
under sections 115B.21 to 115B.24), 289A (except taxes imposed
under sections 298.01, 298.015, and 298.24), 290, 290A, 291,
295, 297A, and 297H, or any similar Indian tribal tax
administered by the commissioner pursuant to any tax agreement
between the state and the Indian tribal government, and includes
any laws for the assessment, collection, and enforcement of
those taxes, refunds, and fees.
Sec. 46. Minnesota Statutes 2003 Supplement, 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 data on individuals or
protected nonpublic data, as defined in section 13.02,
subdivisions 3 and 13, during an investigation. When the
investigation becomes inactive, as defined in section 13.82,
subdivision 7, the data is private data on individuals or
nonpublic data, as defined in section 13.02, subdivisions 9 and
12.
Sec. 47. Minnesota Statutes 2002, section 290.191,
subdivision 5, is amended to read:
Subd. 5. [DETERMINATION OF SALES FACTOR.] For purposes of
this section, the following rules apply in determining the sales
factor.
(a) The sales factor includes all sales, gross earnings, or
receipts received in the ordinary course of the business, except
that the following types of income are not included in the sales
factor:
(1) interest;
(2) dividends;
(3) sales of capital assets as defined in section 1221 of
the Internal Revenue Code;
(4) sales of property used in the trade or business, except
sales of leased property of a type which is regularly sold as
well as leased;
(5) sales of debt instruments as defined in section
1275(a)(1) of the Internal Revenue Code or sales of stock; and
(6) royalties, fees, or other like income of a type which
qualify for a subtraction from federal taxable income under
section 290.01, subdivision 19(d)(11) 19d(10).
(b) Sales of tangible personal property are made within
this state if the property is received by a purchaser at a point
within this state, and the taxpayer is taxable in this state,
regardless of the f.o.b. point, other conditions of the sale, or
the ultimate destination of the property.
(c) Tangible personal property delivered to a common or
contract carrier or foreign vessel for delivery to a purchaser
in another state or nation is a sale in that state or nation,
regardless of f.o.b. point or other conditions of the sale.
(d) Notwithstanding paragraphs (b) and (c), when
intoxicating liquor, wine, fermented malt beverages, cigarettes,
or tobacco products are sold to a purchaser who is licensed by a
state or political subdivision to resell this property only
within the state of ultimate destination, the sale is made in
that state.
(e) Sales made by or through a corporation that is
qualified as a domestic international sales corporation under
section 992 of the Internal Revenue Code are not considered to
have been made within this state.
(f) Sales, rents, royalties, and other income in connection
with real property is attributed to the state in which the
property is located.
(g) Receipts from the lease or rental of tangible personal
property, including finance leases and true leases, must be
attributed to this state if the property is located in this
state and to other states if the property is not located in this
state. Receipts from the lease or rental of moving property
including, but not limited to, motor vehicles, rolling stock,
aircraft, vessels, or mobile equipment are included in the
numerator of the receipts factor to the extent that the property
is used in this state. The extent of the use of moving property
is determined as follows:
(1) A motor vehicle is used wholly in the state in which it
is registered.
(2) The extent that rolling stock is used in this state is
determined by multiplying the receipts from the lease or rental
of the rolling stock by a fraction, the numerator of which is
the miles traveled within this state by the leased or rented
rolling stock and the denominator of which is the total miles
traveled by the leased or rented rolling stock.
(3) The extent that an aircraft is used in this state is
determined by multiplying the receipts from the lease or rental
of the aircraft by a fraction, the numerator of which is the
number of landings of the aircraft in this state and the
denominator of which is the total number of landings of the
aircraft.
(4) The extent that a vessel, mobile equipment, or other
mobile property is used in the state is determined by
multiplying the receipts from the lease or rental of the
property by a fraction, the numerator of which is the number of
days during the taxable year the property was in this state and
the denominator of which is the total days in the taxable year.
(h) Royalties and other income not described in paragraph
(a), clause (6), received for the use of or for the privilege of
using intangible property, including patents, know-how,
formulas, designs, processes, patterns, copyrights, trade names,
service names, franchises, licenses, contracts, customer lists,
or similar items, must be attributed to the state in which the
property is used by the purchaser. If the property is used in
more than one state, the royalties or other income must be
apportioned to this state pro rata according to the portion of
use in this state. If the portion of use in this state cannot
be determined, the royalties or other income must be excluded
from both the numerator and the denominator. Intangible
property is used in this state if the purchaser uses the
intangible property or the rights therein in the regular course
of its business operations in this state, regardless of the
location of the purchaser's customers.
(i) Sales of intangible property are made within the state
in which the property is used by the purchaser. If the property
is used in more than one state, the sales must be apportioned to
this state pro rata according to the portion of use in this
state. If the portion of use in this state cannot be
determined, the sale must be excluded from both the numerator
and the denominator of the sales factor. Intangible property is
used in this state if the purchaser used the intangible property
in the regular course of its business operations in this state.
(j) Receipts from the performance of services must be
attributed to the state where the services are received. For
the purposes of this section, receipts from the performance of
services provided to a corporation, partnership, or trust may
only be attributed to a state where it has a fixed place of
doing business. If the state where the services are received is
not readily determinable or is a state where the corporation,
partnership, or trust receiving the service does not have a
fixed place of doing business, the services shall be deemed to
be received at the location of the office of the customer from
which the services were ordered in the regular course of the
customer's trade or business. If the ordering office cannot be
determined, the services shall be deemed to be received at the
office of the customer to which the services are billed.
Sec. 48. Minnesota Statutes 2002, section 290C.04, is
amended to read:
290C.04 [APPLICATIONS.]
(a) A landowner may apply to enroll forest land for the
sustainable forest incentive program under this chapter. The
claimant must complete, sign, and submit an application to the
commissioner by September 30 in order for the land to become
eligible beginning in the next year. The application shall be
on a form prescribed by the commissioner and must include the
information the commissioner deems necessary. At a minimum, the
application must show the following information for the land and
the claimant: (i) the claimant's Social Security number or
state or federal business tax registration number and date of
birth, (ii) the claimant's address, (iii) the claimant's
signature, (iv) the county's parcel identification numbers for
the tax parcels that completely contain the claimant's forest
land that is sought to be enrolled, (v) the number of acres
eligible for enrollment in the program, (vi) the approved plan
writer's signature and identification number, and (vii) proof,
in a form specified by the commissioner, that the claimant has
executed and acknowledged in the manner required by law for a
deed, and recorded, a covenant that the land is not and shall
not be developed in a manner inconsistent with the requirements
and conditions of this chapter. The covenant shall state in
writing that the covenant is binding on the claimant and the
claimant's successor or assignee, and that it runs with the land
for a period of not less than eight years. The commissioner
shall specify the form of the covenant and provide copies upon
request. The covenant must include a legal description that
encompasses all the forest land that the claimant wishes to
enroll under this section or the certificate of title number for
that land if it is registered land.
(b) In all cases, the commissioner shall notify the
claimant within 90 days after receipt of a completed application
that either the land has or has not been approved for enrollment.
A claimant whose application is denied may appeal the denial as
provided in section 290C.11, paragraph (a).
(c) Within 90 days after the denial of an application, or
within 90 days after the final resolution of any appeal related
to the denial, the commissioner shall execute and acknowledge a
document releasing the land from the covenant required under
this chapter. The document must be mailed to the claimant and
is entitled to be recorded.
(d) The Social Security numbers collected from individuals
under this section are private data as provided in section 13.49
13.355. The state or federal business tax registration number
and date of birth data collected under this section are also
private data on individuals or nonpublic data, as defined in
section 13.02, subdivisions 9 and 12, but may be shared with
county assessors for purposes of tax administration and with
county treasurers for purposes of the revenue recapture under
chapter 270A.
Sec. 49. Minnesota Statutes 2003 Supplement, section
297A.668, subdivision 3, is amended to read:
Subd. 3. [LEASE OR RENTAL OF TANGIBLE PERSONAL PROPERTY.]
The lease or rental of tangible personal property, other than
property identified in subdivision 4 or 5, shall be sourced as
required in paragraphs (a) to (c).
(a) For a lease or rental that requires recurring periodic
payments, the first periodic payment is sourced the same as a
retail sale in accordance with the provisions of subdivision 6 2.
Periodic payments made subsequent to the first payment are
sourced to the primary property location for each period covered
by the payment. The primary property location must be as
indicated by an address for the property provided by the lessee
that is available to the lessor from its records maintained in
the ordinary course of business, when use of this address does
not constitute bad faith. The property location must not be
altered by intermittent use at different locations, such as use
of business property that accompanies employees on business
trips and service calls.
(b) For a lease or rental that does not require recurring
periodic payments, the payment is sourced the same as a retail
sale in accordance with the provisions of subdivision 2.
(c) This subdivision does not affect the imposition or
computation of sales or use tax on leases or rentals based on a
lump sum or accelerated basis, or on the acquisition of property
for lease.
[EFFECTIVE DATE.] This section is effective for sales and
purchases made on or after January 1, 2004.
Sec. 50. Minnesota Statutes 2003 Supplement, section
297A.669, subdivision 16, is amended to read:
Subd. 16. [SERVICE ADDRESS.] "Service address," for
purposes of this section, means:
(1) the location of the telecommunications equipment to
which a customer's call is charged and from which the call
originates or terminates, regardless of where the call is billed
or paid;
(2) if the location in paragraph (a) clause (1) is not
known, service address means the origination point of the signal
of the telecommunications services first identified by either
the seller's telecommunications system or in information
received by the seller from its service provider, where the
system used to transport the signals is not that of the seller;
or
(3) if the location in paragraphs (a) and (b) clauses (1)
and (2) is not known, the service address means the location of
the customer's place of primary use.
[EFFECTIVE DATE.] This section is effective for sales and
purchases made on or after January 1, 2004.
Sec. 51. Minnesota Statutes 2003 Supplement, section
308B.201, is amended to read:
308B.201 [ORGANIZATIONAL PURPOSE.]
A cooperative may be formed and organized on a cooperative
plan for any lawful purpose, including:
(1) to market, process, or otherwise change the form or
marketability of products, including crops, livestock, and other
agricultural products, the manufacturing and further processing
of those products, other purposes that are necessary or
convenient to facilitate the production or marketing of products
by patron members and others, and other purposes that are
related to the business of the cooperative;
(2) to provide products, supplies, and services to its
members; and
(3) for any other purposes that cooperatives are authorized
to perform by law.
Sec. 52. Minnesota Statutes 2003 Supplement, section
308B.311, subdivision 6, is amended to read:
Subd. 6. [PENALTIES FOR CONTRACT INTERFERENCE AND FALSE
REPORTS.] Any person who knowingly induces or attempts to induce
any patron member or patron of a cooperative organized under
this chapter to breach a marketing contract with the
cooperative, or who maliciously and knowingly spreads false
reports about the cooperative's finances or management, is
guilty of a misdemeanor and subject to a fine of not less than
$100, and not more than $1,000, for each such offense.
Sec. 53. Minnesota Statutes 2003 Supplement, section
308B.471, subdivision 2, is amended to read:
Subd. 2. [INDEMNIFICATION.] (a) Subject to the provisions
of subdivision 4, a cooperative shall indemnify a person made or
threatened to be made a party to a proceeding by reason of the
former or present official capacity of the person against
judgments, penalties, fines, including, without limitation,
excise taxes assessed against the person with respect to an
employee benefit plan, settlements, and reasonable expenses,
including attorney fees and disbursements incurred by the person
in connection with the proceeding, if, with respect to the acts
or omissions of the person complained of in the proceeding, the
person:
(1) has not been indemnified by another organization or
employee benefit plan for the same judgments, penalties, fines,
including, without limitation, excise taxes assessed against the
person with respect to an employee benefit plan, settlements,
and reasonable expenses, including attorney fees and
disbursements incurred by the person in connection with the
proceeding with respect to the same acts or omissions;
(2) acted in good faith;
(3) received no improper personal benefit and the person
has not committed an act for which liability cannot be
eliminated or limited under section 308B.465, subdivision 2;
(4) in the case of a criminal proceeding, had no reasonable
cause to believe the conduct was unlawful; and
(5) in the case of acts or omissions occurring in the
official capacity described in subdivision 1, paragraph (c),
clause (1) or (2), reasonably believed that the conduct was in
the best interests of the cooperative, or in the case of acts or
omissions occurring in the official capacity described in
subdivision 1, paragraph (c), clause (3), reasonably believed
that the conduct was not opposed to the best interests of the
cooperative. If the person's acts or omissions complained of in
the proceeding relate to conduct at as a director, officer,
trustee, employee, or agent of an employee benefit plan, the
conduct is not considered to be opposed to the best interests of
the cooperative if the person reasonably believed that the
conduct was in the best interests of the participants or
beneficiaries of the employee benefit plan.
(b) The termination of a proceeding by judgment, order,
settlement, conviction, or upon a plea of nolo contendere or its
equivalent does not, of itself, establish that the person did
not meet the criteria set forth in this subdivision.
Sec. 54. Minnesota Statutes 2003 Supplement, section
308B.735, subdivision 1, is amended to read:
Subdivision 1. [ALTERNATE PROCEDURE TO DISBURSE PROPERTY.]
A cooperative may, in lieu of paying or delivering to the state
the unclaimed property specified in its report of unclaimed
property, distribute the unclaimed property to a business entity
or organization that is exempt from taxation. A cooperative
making the election to distribute unclaimed property shall file
with the secretary of state Department of Commerce:
(1) a verified written explanation of the proof of claim of
an owner establishing a right to receive the abandoned property;
(2) any error in the presumption of abandonment;
(3) the name, address, and exemption number of the business
entity or organization to which the property was or is to be
distributed; and
(4) the approximate date of distribution.
Sec. 55. Minnesota Statutes 2002, section 325F.19,
subdivision 3, is amended to read:
Subd. 3. [COMMISSIONER.] "Commissioner" means the
commissioner of energy and economic development commerce.
Sec. 56. Minnesota Statutes 2002, section 325F.69,
subdivision 1, is amended to read:
Subdivision 1. [FRAUD, MISREPRESENTATION, DECEPTIVE
PRACTICES.] The act, use, or employment by any person of any
fraud, false pretense, false promise, misrepresentation,
misleading statement or deceptive practice, with the intent that
others rely thereon in connection with the sale of any
merchandise, whether or not any person has in fact been misled,
deceived, or damaged thereby, is enjoinable as provided herein
in section 325F.70.
Sec. 57. Minnesota Statutes 2002, section 325F.69,
subdivision 4, is amended to read:
Subd. 4. [SOLICITATION OF MONEY FOR MERCHANDISE NOT
ORDERED OR SERVICES NOT PERFORMED.] The act, use, or employment
by any person of any solicitation for payment of money by
another by any statement or invoice, or any writing that could
reasonably be interpreted as a statement or invoice, for
merchandise not yet ordered or for services not yet performed
and not yet ordered, whether or not any person has in fact been
misled, deceived, or damaged thereby, is enjoinable as
provided herein in section 325F.70.
Sec. 58. Minnesota Statutes 2002, section 326.10,
subdivision 1, is amended to read:
Subdivision 1. [ISSUANCE.] (a) The board shall on
application therefor on a prescribed form, and upon payment of a
fee prescribed by rule of the board, issue a license or
certificate as an architect, engineer, land surveyor, landscape
architect, geoscientist, or certified interior designer. A
separate fee shall be paid for each profession licensed.
(1) To any person over 25 years of age, who is of good
moral character and repute, and who has the experience and
educational qualifications which the board by rule may prescribe.
(2) To any person who holds an unexpired certificate of
registration or license issued by proper authority in the
District of Columbia, any state or territory of the United
States, or any foreign country, in which the requirements for
registration or licensure of architects, engineers, land
surveyors, landscape architects, geoscientists, or certified
interior designers, respectively, at the time of registration or
licensure in the other jurisdiction, were equal, in the opinion
of the board, to those fixed by the board and by the laws of
this state, and in which similar privileges are extended to the
holders of certificates of registration or licensure issued by
this state. The board may require such person to submit a
certificate of technical qualification from the National Council
of Architectural Registration Boards in the case of an
architect, from the National Council of Engineering Examiners
for Engineering and Surveying in the case of an engineer, from
the National Council of Landscape Architects Architectural
Registration Board Boards in the case of a landscape architect,
and from the National Council for Interior Design Qualifications
Qualification in the case of a certified interior designer.
(b) Notwithstanding paragraph (a), for one year from the
effective date of rules adopted by the board with respect to the
discipline of professional geoscience, the board may accept as
evidence that the applicant is qualified for licensing in the
discipline of professional geoscience:
(1) a record of graduation with a baccalaureate degree from
a school or college having accreditation defined by the board
and a geoscience or associated science curriculum approved by
the board; and
(2) at least five years of active professional practice in
the discipline of professional geoscience as approved by the
board.
Sec. 59. Minnesota Statutes 2002, section 326.10,
subdivision 7, is amended to read:
Subd. 7. [ENGINEER-IN-TRAINING; LAND SURVEYOR-IN-TRAINING;
LANDSCAPE ARCHITECT-IN-TRAINING; GEOSCIENTIST-IN-TRAINING.] (1)
An applicant for certification as an engineer-in-training who is
a graduate with a bachelor of engineering degree from a school
or college having an engineering curriculum accredited by the
engineers' council for professional development or whose
education, in the opinion of the board, is equivalent thereto,
shall receive from the board, upon passing an examination in
fundamental engineering subjects, a certificate stating that the
applicant has passed such examination and that the applicant's
name has been recorded as an engineer-in-training.
(2) An applicant for certification as a land
surveyor-in-training who is a graduate with a bachelor's degree
from a school or college having an accredited engineering or
land surveying curriculum or who has equivalent education, in
the opinion of the board, shall receive from the board, upon
passing a written examination in the fundamentals of mathematics
and the basic principles of land surveying, a certificate
stating that the applicant has passed such examination and that
the applicant's name has been recorded as a land
surveyor-in-training.
(3) Any applicant for certification as a landscape
architect-in-training who is a graduate with a degree from a
school or college having a landscape architecture curriculum
accredited by the American Society of Landscape Architects
committee on education or who has had equivalent education or
experience or a combination thereof of a grade and character
acceptable to the board shall receive from the board, upon
passing an examination in fundamental landscape architectural
subjects, a certificate stating that the applicant has passed
that examination and that the applicant's name has been recorded
as a landscape architect-in-training.
(4) An applicant for certification as a
geoscientist-in-training who is a graduate with a baccalaureate
degree from a school or college having accreditation defined by
the board and a geoscience or associated science curriculum
approved by the board, shall receive from the board, upon
passing the appropriate examination in fundamental geoscience
subjects for the applicant's discipline as approved by the
board, a certificate stating that the applicant's name has been
recorded as a geoscientist-in-training with the appropriate
geoscientist-in-training legend as approved by the board.
Sec. 60. Minnesota Statutes 2002, section 326.12,
subdivision 2, is amended to read:
Subd. 2. [SEAL.] Each licensee or certificate holder may,
upon registration licensure or certification, obtain a seal of a
design approved by the board, bearing the licensee's or
certificate holder's name and the legend "licensed architect,"
"licensed professional engineer," "licensed land surveyor,"
"licensed landscape architect," the appropriate licensed
professional geoscientist legend as defined by the board, or
"certified interior designer." Plans, specifications, plats,
reports, and other documents prepared by a licensee or
certificate holder may be stamped with the seal during the life
of the license or certificate. A rubber stamp facsimile thereof
may be used in lieu of the seal on tracings from which prints
are to be made or on papers which would be damaged by the
regular seal. It shall be unlawful for any one to stamp or seal
any document with the stamp or seal after the license of the
registrant named thereon or certificate has expired, been
revoked or suspended, unless said license or certificate shall
have been renewed or reissued.
Sec. 61. Minnesota Statutes 2002, section 326.13, is
amended to read:
326.13 [PRACTICE EXEMPT.]
Practice of architecture, engineering, landscape
architecture, land surveying, or geoscience, or use of the title
certified interior designer in this state prior to licensure or
certification by the board shall be permitted under the
following conditions and limitations:
(1) By any person or firm not a resident of and having no
established place of business in this state, or any person or
firm resident in this state, but whose arrival in the state is
recent; provided, however, such person or a person connected
with such firm:
(i) is registered or licensed and qualified to practice
such profession in a state or country to which the board grants
registration or licensure or certification by comity in
accordance with the provisions of section 326.10, subdivision 1,
clause (2); and
(ii) shall have filed an application for licensure as an
architect, an engineer, a geoscientist, or a certified interior
designer shall have paid the fee provided for in section 326.10,
and shall have been notified by the board that the applicant
meets the requirements for licensure or certification in this
state and is entitled to receive a license or certificate, and
has applied for and been granted a temporary permit to
practice. Temporary permits shall be granted to do a specific
job for the period stipulated on the permit.
(2) By a nonresident applicant who seeks to provide
architecture, engineering, land surveying, landscape
architecture, geoscience, or certified interior design services
in this state if the applicant offers to practice only for the
purpose of seeking to provide services, without having first
been registered or certified by the state, if the applicant:
(i) is registered and qualified to practice such profession
in a state or country to which the board grants registration or
licensure by comity in accordance with section 326.10,
subdivision 1, clause (2);
(ii) notified the board in writing that the applicant is
not currently registered in this state, but will be present in
this state for the purpose of seeking to provide services;
(iii) delivers a copy of the notice referred to in clause
(ii) to every potential client for whom the applicant is seeking
to provide services; and
(iv) applies within ten days to the board for licensure or
certification if selected as the design professional for a
project in this state; the applicant is prohibited from actually
rendering services as defined within the terms of sections
326.02 to 326.15 until the applicant is licensed or certified,
or obtains a temporary permit as described in clause (1).
(3) Practice as an architect, an engineer, a land surveyor,
a landscape architect, or a geoscientist, or use of the title
certified interior designer solely as an officer or employee of
the United States.
(4) Practice as a geoscientist by a person who would be
qualified under sections 326.02 to 326.15 by virtue of
experience and education while (i) engaged in exploration,
development, extraction, and reclamation of minerals and mineral
deposits or energy resources including sand, gravel, peat,
industrial minerals, metallic minerals, iron ore, coal, oil, and
gas and other mineral fuels; (ii) an employee of a corporation
or agency engaged in such exploration, development, extraction,
and reclamation of minerals and mineral deposits; (iii) acting
in accordance with the provisions of section 82B.035,
subdivision 3; 103I.205, subdivision 4; or 103I.601, subdivision
2; or (iv) engaged in academic geoscience research.
Sec. 62. Minnesota Statutes 2002, section 326.15, is
amended to read:
326.15 [FALSE IMPERSONATION.]
It shall be unlawful for any person to present or attempt
to use as the person's own the seal or certificate of another,
or to give false or forged evidence of any kind to the board, or
any member thereof, or to falsely impersonate any registrant
licensee or certificate holder of like or different name, or to
use or attempt to use as the person's own the license of another
issued by any authority outside of this state, or to use or
attempt to use an expired or revoked or suspended license.
Sec. 63. Minnesota Statutes 2002, section 336.9-531, is
amended to read:
336.9-531 [ELECTRONIC ACCESS; LIABILITY; RETENTION.]
(a) [ELECTRONIC ACCESS.] The secretary of state may allow
private parties to have electronic access to the central filing
system and to other computerized records maintained by the
secretary of state on a fee basis, except that: (1) visual
access to electronic display terminals at the public counters at
the Secretary of State's Office must be without charge and must
be available during public counter hours; and (2) access by law
enforcement personnel, acting in an official capacity, must be
without charge. If the central filing system allows a form of
electronic access to information regarding the obligations of
debtors, the access must be available 24 hours a day, every day
of the year. Notwithstanding section 13.49 13.355, private
parties who have electronic access to computerized records may
view the Social Security number information about a debtor that
is of record.
Notwithstanding section 13.49 13.355, a filing office may
include Social Security number information in an information
request response under section 336.9-523 or a search of other
liens in the central filing system. A filing office may also
include Social Security number information on a photocopy or
electronic copy of a record whether provided in an information
request response or in response to a request made under section
13.03.
(b) [LIABILITY.] The secretary of state, county recorders,
and their employees and agents are not liable for any loss or
damages arising from errors in or omissions from information
entered into the central filing system as a result of the
electronic transmission of tax lien notices under sections
268.058, subdivision 1, paragraph (c); 270.69, subdivision 2,
paragraph (b), clause (2); 272.483; and 272.488, subdivisions 1
and 3.
The state, the secretary of state, counties, county
recorders, and their employees and agents are immune from
liability that occurs as a result of errors in or omissions from
information provided from the central filing system.
(c) [RETENTION.] Once the image of a paper record has been
captured by the central filing system, the secretary of state
may remove or direct the removal from the files and destroy the
paper record.
Sec. 64. Minnesota Statutes 2002, section 357.021,
subdivision 5, is amended to read:
Subd. 5. [EXEMPTION FOR GOVERNMENT AGENCIES.]
Notwithstanding any other provision of the law to the contrary,
no fee otherwise required to be paid to the court administrator
of district court by a defendant or defendants when filing the
first paper for that party in an action, shall be paid by the
state of Minnesota, or any department or agency thereof, or when
the state or a department or agency as plaintiff enters judgment
pursuant to a confession of judgment executed by the defendant.
Sec. 65. Minnesota Statutes 2003 Supplement, section
469.339, subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] (a) For purposes of this section,
the following terms have the meanings given.
(b) "Qualified research expenses" means qualified research
expenses and basic research payments as defined in section 41(b)
and (e) of the Internal Revenue Code.
(c) "Qualified research" means activities in the fields of
biotechnology or health sciences that are "qualified research"
as defined in section 41(d) of the Internal Revenue Code, except
that the term does not include qualified research conducted
outside the biotechnology and health sciences industry zone.
(d) "Base amount" means base amount as defined in section
4(c) 41(c) of the Internal Revenue Code, except that the average
annual gross receipts must be calculated using Minnesota sales
or receipts under section 290.191 and the definitions contained
in paragraphs (b) and (c) apply.
(e) "Liability for tax" for purposes of this section means
the tax imposed under this chapter for the taxable year reduced
by the sum of the nonrefundable credits allowed under this
chapter.
Sec. 66. Minnesota Statutes 2002, section 609.3452,
subdivision 2, is amended to read:
Subd. 2. [ACCESS TO DATA.] Notwithstanding section 13.384,
13.85, 144.335, 260B.171, 260C.171, or 626.556, the assessor has
access to the following private or confidential data on the
person if access is relevant and necessary for the assessment:
(1) medical data under section 13.42 13.384;
(2) corrections and detention data under section 13.85;
(3) health records under section 144.335;
(4) juvenile court records under sections 260B.171 and
260C.171; and
(5) local welfare agency records under section 626.556.
Data disclosed under this section may be used only for
purposes of the assessment and may not be further disclosed to
any other person, except as authorized by law.
Sec. 67. Laws 2003, First Special Session chapter 11,
article 2, section 21, is amended to read:
Sec. 21. [INDEPENDENT STUDY ON INTERMITTENT RESOURCES.]
The commission shall order the electric utility subject to
Minnesota Statutes, section 216B.1691, subdivision 7 6, to
contract with a firm selected by the commissioner of commerce
for an independent engineering study of the impacts of
increasing wind capacity on its system above the 825 megawatts
of nameplate wind energy capacity to which the utility is
already committed, to evaluate options available to manage the
intermittent nature of this renewable resource. The study shall
be completed by June 1, 2004, and incorporated into the
utility's next resource plan filing. The costs of the study,
options pursued by the utility to manage the intermittent nature
of wind energy, and the costs of complying with Minnesota
Statutes, section 216B.1691, subdivision 7 6, shall be
recoverable under Minnesota Statutes, section 216B.1645.
[EFFECTIVE DATE.] This section is effective retroactively
from May 30, 2003.
Sec. 68. Laws 2003, First Special Session chapter 21,
article 8, section 10, the effective date, is amended to read:
[EFFECTIVE DATE.] This section is effective for sales made
after June 30, 2007 2003.
Sec. 69. [CERTAIN STATUTES REVIVED AND REENACTED.]
Minnesota Statutes, sections 169.829, subdivision 3, and
169.87, subdivisions 5 and 6, are expressly revived and
reenacted as specifically provided according to Minnesota
Statutes, section 645.36, effective retroactively and without
interruption from April 25, 2000.
Sec. 70. [SEWAGE DISPOSAL SYSTEM CHARGES; CLEARWATER RIVER
WATERSHED DISTRICT.]
The Clearwater River Watershed District may collect charges
for maintenance, repair, operation, and use of sewer systems,
sewage treatment systems, and other facilities, whether created
as projects of the district or acquired by the district, for
disposing of sewage, industrial waste, or other wastes as
prescribed under Minnesota Statutes, section 444.075,
subdivision 2a.
[EFFECTIVE DATE.] This section is effective retroactively
from August 1, 2003.
Sec. 71. [REVISOR'S INSTRUCTION; WETLAND RULES.]
The revisor of statutes shall make the following changes in
Minnesota Rules:
(1) in part 8420.0110, subpart 30, items A and B, insert
"or soil and water conservation district" to conform to Laws
2003, chapter 128, article 1, section 111;
(2) in part 8420.0544, item A, the first sentence, replace
the clause beginning with "statewide" with the language in
Minnesota Statutes, section 103G.222, subdivision 3, paragraph
(a), clause (5), to conform with the amendment to that section
in Laws 2003, chapter 128, article 1, section 113;
(3) in part 8420.0544, replace item C with the language in
Minnesota Statutes, section 103G.22, paragraph (k), to conform
with the amendment to that section in Laws 2003, chapter 128,
article 1, section 112; and
(4) in part 8420.0720, add two new subparts containing the
language in Minnesota Statutes, section 103G.2242, subdivisions
14 and 15, to conform with the amendment adding those
subdivisions in Laws 2003, chapter 128, article 1, sections 114
and 115.
Sec. 72. [REVISOR'S INSTRUCTION; MISDEMEANORS.]
Subdivision 1. [CONSTRUCTION.] The instructions in this
section are intended to correct sections that specify the
amounts of fines for gross misdemeanors, misdemeanors, and petty
misdemeanors so that the fine specified in each section is in
accord with the increases in fines enacted in Laws 1983, chapter
331, and Laws 2000, chapter 488, article 5, and codified in
Minnesota Statutes, sections 609.033 (misdemeanors), 609.0331
(petty misdemeanors), and 609.0341, subdivision 1 (gross
misdemeanors).
Subd. 2. [GROSS MISDEMEANORS.] The revisor shall identify
every section of Minnesota Statutes that specifies that an
offense is a gross misdemeanor but states a maximum criminal
penalty amount lower than $3,000 for that offense. The revisor
shall prepare a bill for the 2005 legislative session that
corrects the penalty amounts in the identified sections. The
corrections must be in accordance with the penalty amounts in
Laws 1983, chapter 331; Laws 2000, chapter 488, article 5; and
Minnesota Statutes, section 609.0341, subdivision 1.
Subd. 3. [MISDEMEANORS.] (a) In the following sections,
the revisor shall change "$700" to "$1,000" when the amount
specifies the maximum amount of a fine: Minnesota Statutes,
sections 12.45; 21.122; 62C.22; 116J.871; 127A.10; 168.275;
169.21; 177.43; 181.30; 234.23; 235.10; 256.045; 260B.198;
260B.225; 299F.80; 299F.82; 299F.831; 325F.73; 412.231; 518B.01;
609.27; 609.324; 609.375; 609.50; 609.52; 609.526; 609.535;
609.5632; 609.576; 609.597; 609.615; 609.65; 609.66; 609.662;
609.665; 609.748; 609.855; 609.86; 609.88; 609.89; 609.891;
609.893; 624.25; and 624.68.
(b) The revisor shall identify every section of Minnesota
Statutes that specifies that an offense is a misdemeanor but
states a maximum criminal penalty amount lower than $1,000 for
that offense. The revisor shall prepare a bill for the 2005
legislative session that corrects the penalty amounts in the
identified sections. The corrections must be in accordance with
the penalty amount in Laws 2000, chapter 488, article 5, and
codified in Minnesota Statutes, section 609.033 (misdemeanors).
Subd. 4. [PETTY MISDEMEANORS.] (a) In the following
section and subdivision, the revisor shall change "$200" to
"$300" when the amount specifies the maximum amount of a fine:
Minnesota Statutes, sections 152.07, subdivision 4; and 624.7162.
(b) The revisor shall identify every section of Minnesota
Statutes that specifies that an offense is a petty misdemeanor
but states a maximum fine amount lower than $300 for that petty
offense. The revisor shall prepare a bill for the 2005
legislative session that corrects the penalty amounts in the
identified sections. The corrections must be in accordance with
the penalty amount in Laws 2000, chapter 488, article 5, and
codified in Minnesota Statutes, section 609.0331 (petty
misdemeanors).
Sec. 73. [REVISOR'S INSTRUCTION; OBSOLETE HAZARDOUS WASTE
GENERATOR TAX.]
The revisor of statutes shall replace "115B.24" with
"115B.20" in the following sections of Minnesota Statutes:
115B.01, 115B.40, 115B.405, 115B.50, and 116J.554.
Sec. 74. [REVISOR'S INSTRUCTION; TACIP.]
The revisor of statutes shall change the term
"telecommunications access for communications-impaired persons"
to "telecommunications access Minnesota" wherever it appears in
Minnesota Statutes or Minnesota Rules.
Sec. 75. [REVISOR'S INSTRUCTION; GENERAL ASSISTANCE
REFERENCES.]
The revisor of statutes shall change the reference
"256D.03, subdivision 4, paragraph (d)" to "256D.03, subdivision
4, paragraph (c)" in Minnesota Statutes, sections 62A.045,
paragraph (b); 256.015, subdivisions 1 and 3; 256B.042,
subdivisions 1 and 3; 256B.056, subdivision 6; 256B.37,
subdivision 2; 256B.69, subdivisions 26, paragraphs (b) and (d),
and 27; 256L.03, subdivision 6; and 256L.12, subdivision 5.
Sec. 76. [REPEALERS.]
Subdivision 1. [NOXIOUS WEED QUARANTINE.] Minnesota
Statutes 2002, section 18.79, subdivision 11, is repealed.
Subd. 2. [115B.241; EFFECTIVE DATE.] Minnesota Statutes
2002, section 115B.241, is repealed.
Subd. 3. [INTERSTATE HIGHWAY SYSTEM; EDITORIAL
CONFLICT.] Laws 2001, chapter 161, section 29, is repealed.
Subd. 4. [PUBLIC TRANSIT ASSISTANCE; EDITORIAL
CONFLICT.] Laws 2001, First Special Session chapter 5, article
3, section 9, is repealed.
Subd. 5. [TRUCK LOAD WEIGHTS; EDITORIAL CONFLICT.] Laws
2002, chapter 364, section 15, is repealed.
Subd. 6. [BROWNFIELD CLEANUP; EDITORIAL CONFLICT.] Laws
2002, chapter 380, article 4, section 1, is repealed.
Subd. 7. [COUNTY AID OFFSET; EDITORIAL CONFLICT.] Laws
2003, chapter 127, article 5, section 19, is repealed.
Subd. 8. [STATE PROPERTY TAX SETTLEMENT AND PAYMENT;
EDITORIAL CONFLICT.] Laws 2003, chapter 112, article 2, section
35, is repealed.
Subd. 9. [CHAPTER 115B; EDITORIAL CONFLICT.] Laws 2003,
chapter 127, article 7, section 1; and Laws 2003, chapter 128,
article 2, section 13, are repealed.
Subd. 10. [RENEWABLE ENERGY; EDITORIAL CONFLICT.] Laws
2003, chapter 128, article 3, section 44, is repealed.
Subd. 11. [ATTACHED MACHINERY AID; EDITORIAL
CONFLICT.] Laws 2003, First Special Session chapter 9, article
5, section 29, is repealed.
Subd. 12. [INTERGOVERNMENTAL INFORMATION SYSTEMS ADVISORY
COUNCIL RULES.] Minnesota Rules, parts 1220.0200; 1220.0300;
1220.0400; 1220.0500; 1220.0600; 1220.0700; 1220.0800; and
1220.0900, are repealed.
Subd. 13. [HEALTH CARE EQUIPMENT LOAN PROGRAM.] Minnesota
Rules, parts 7380.0200; 7380.0210; 7380.0220; 7380.0230; and
7380.0240, are repealed.
ARTICLE 2
TERMINOLOGY CLARIFICATION
Section 1. Minnesota Statutes 2002, section 60A.23,
subdivision 5, is amended to read:
Subd. 5. [PROVISIONS AS TO FIDELITY AND SURETY COMPANIES.]
(1) [REQUIREMENTS AND ACCEPTABILITY.] No company for
guaranteeing the fidelity of persons in fiduciary positions,
public or private, or for acting as surety, shall transact any
business in this state until it shall have satisfied the
commissioner that it has complied with all the provisions of law
and obtained the commissioner's certificate to that effect.
Thereupon it shall be authorized to execute as sole or joint
surety any bond, undertaking, or recognizance which, by any
municipal or other law, or by the rules or regulations of any
municipal or other board, body, organization, or officer, is
required or permitted to be made, given, tendered, or filed for
the security or protection of any person, corporation, or
municipality, or any department thereof, or of any other
organization, conditioned for the doing or omitting of anything
in such bond or other instrument specified or provided; and any
and all courts, judges, officers, and heads of departments,
boards, and municipalities required or permitted to accept or
approve of the sufficiency of any such bond or instrument may in
their discretion accept the same when executed, or the
conditions thereof guaranteed solely or jointly by any such
company, and the same shall be in all respects full compliance
with every law or other provisions for the execution or guaranty
by one surety or by two or more sureties, or that sureties shall
be residents or householders, or freeholders landowners, or all
or either.
(2) [LIMITS OF RISK.] No fidelity or surety company shall
insure or reinsure in a single risk, less any portion thereof
reinsured, a larger sum than one-tenth of its net assets.
Sec. 2. Minnesota Statutes 2002, section 116A.11,
subdivision 1, is amended to read:
Subdivision 1. [APPOINTMENT.] Following the filing of the
order for a detailed survey the board or court shall make an
order appointing as viewers three disinterested resident
freeholders landowners of the county or counties affected.
Sec. 3. Minnesota Statutes 2002, section 163.16,
subdivision 1, is amended to read:
Subdivision 1. [COMPLAINT.] When a written complaint,
signed by five or more freeholders landowners of any town is
presented to the county board stating that a described town road
in or on the line of the town has not been opened and
constructed or is not properly maintained, and because of such
neglect is not reasonably passable, the county board by
resolution, shall fix a time and place for hearing the
complaint. The county auditor shall mail a copy of the
complaint, together with notice of the time and place of hearing
on the complaint, to the town clerk. All persons signing the
complaint shall also be notified of the time and place of the
hearing by the county auditor.
Sec. 4. Minnesota Statutes 2002, section 163.161, is
amended to read:
163.161 [IMPASSABLE CITY THOROUGHFARE.]
When a written complaint signed by five or more freeholders
landowners of a statutory city of not more than 5,000 population
is presented to the county board stating that a city
thoroughfare located outside an urban area as defined in section
169.01, subdivision 59 has not been properly maintained and
because of the improper maintenance is not reasonably passable
the county board shall consider and act upon the complaint in
the same manner provided for a complaint under section 163.16.
Sec. 5. Minnesota Statutes 2002, section 164.05,
subdivision 3, is amended to read:
Subd. 3. [PETITION; NOTICE; VOTE AT TOWN MEETING.] When a
petition signed by ten or more freeholders landowners and voters
of a town shall be presented to the town clerk at least 20 days
before the time of holding the annual town meeting, praying that
the question of authorizing the town board to levy and assess a
town road drainage tax be submitted to the voters of such town,
the town clerk shall include in the notice of such annual town
meeting a notice that such question will be voted on at such
meeting. Such question shall be voted on by ballot and it shall
be the duty of the clerk to provide at the expense of the town a
suitable number of ballots, which may be printed or written or
partly printed and partly written, in substantially the
following form:
"Shall the town board be authorized to levy and assess a
Town Road Drainage Tax?
(Yes ..) (No ..)"
Sec. 6. Minnesota Statutes 2002, section 164.08,
subdivision 1, is amended to read:
Subdivision 1. [PERMITTED ESTABLISHMENT; CONDITIONS.] The
town board by resolution may establish a cartway two rods wide
and not more than one-half mile in length upon petition
presented to the town board signed by at least five voters,
freeholders landowners of the town, requesting the cartway on a
section line to serve a tract or tracts of land consisting of at
least 150 acres of which at least 100 acres are tillable. If
the petition is granted the proceedings of the town board shall
be in accordance with section 164.07.
Sec. 7. Minnesota Statutes 2002, section 237.39, is
amended to read:
237.39 [ACQUIRING OR SELLING TELEPHONE SYSTEM.]
When, under the provisions of sections 237.33 to 237.40, a
township telephone system is established in any township in
which any of the inhabitants of the town are already provided
with telephone service furnished by any other telephone company
or person, the town shall, when so requested by the telephone
company or person, acquire from the telephone company all
telephone equipment used by the telephone company or person in
furnishing telephone service to the inhabitants of the town
exclusively. For the purpose of determining the purchase price
of the equipment, application shall be made to the department
which shall determine the just compensation which the owner of
the telephone equipment is entitled to receive for it from the
town. Before deciding upon the compensation, the department
shall, at a public meeting, which may be adjourned from time to
time, hear all interested persons of the question involved. The
department shall by order fix the compensation and furnish a
copy of its order to the town, and to the telephone company or
person concerned. An appeal may be taken to the district court
of the county in which the town is situated from that part of
the order fixing the compensation to be paid, within 30 days, by
either party. The appeal shall be tried in the same manner as
other appeals hereunder. If no appeal is taken, the order of
the department shall become final at the end of 30 days.
When, under the provisions of sections 237.33 to 237.40 a
township telephone system has been established in any town, and
it has been determined by the board of supervisors of the town
to be for the best interest of public service and all persons
concerned, to sell and transfer the township telephone system to
any telephone company or person giving service organized for
that purpose and qualified to purchase the system and operate
it, the board of supervisors may sell, transfer, and convey the
township telephone system upon such reasonable price and terms
as it may determine; provided, that there shall be presented to
the board of supervisors by a petition signed by at least 25
percent of the freeholders landowners of the town asking for the
sale. If the sale and agreed sale price are approved at an
annual or special town meeting, it being stated in the notice of
the annual and special meeting that the proposition will be
considered at it, by 66 percent of the legal voters attending
the meeting.
If any township telephone lines are sold under the
provisions of sections 237.33 to 237.40, and the town has
previously issued bonds for their construction, and any part of
the bonds are then outstanding and unpaid, the entire
consideration received from the sale, or such part as may be
necessary, shall be held and applied only for the payment and
retirement of the bonds.
Sec. 8. Minnesota Statutes 2002, section 306.32, is
amended to read:
306.32 [TRUSTEES OF FUND.]
The trustees shall choose by ballot and appoint by deed of
the association a board of at least three and not more than five
trustees of the fund. They shall be resident freeholders
landowners of this state during all the time they exercise the
powers of the trust. If any of those appointed fails to qualify
within 30 days after appointment, the one or more who have
qualified shall appoint by deed other persons to be trustees in
their places. If any of those appointed fails to qualify within
30 days, another shall be appointed in the same manner. Every
appointment to fill a vacancy must be by unanimous vote of those
acting. However, instead of appointing a board, the trustees of
the association may designate any trust company of the state to
act as the trustee during a time determined by the board. All
instruments of appointment of trustees must be recorded with the
secretary.
Sec. 9. Minnesota Statutes 2002, section 344.20, is
amended to read:
344.20 [TOWN OPTION.]
If eight or more freeholders landowners in a town petition
the town board for a vote on a partition fence policy, the town
board may adopt its own policy and procedures for dealing with
partition fences, including enforcement procedures. The policy
must be approved by the electors of the town at an annual or
special town meeting, in which case this chapter does not apply
in that town.
This chapter applies to any partition fence lying on the
boundary between a town which has adopted its own partition
fence policy and any other political subdivision unless the
other political subdivision is a town which has adopted a
similar policy.
Sec. 10. Minnesota Statutes 2002, section 348.02, is
amended to read:
348.02 [CLAIM AND PROOF.]
The claimant shall file with the county auditor a plat
giving the government subdivision, and the position of the trees
thereon. If the number of trees be increased, supplemental
plats shall be filed. The claimant shall show ownership of the
land, and make oath to the planting and maintaining of the
trees, as prescribed in section 348.01; and the proof shall be
supported by the affidavit of at least two freeholders
landowners residing in the same town, who have personal
knowledge of the facts. Such proofs shall be filed with the
county auditor between July 1 and July 15, of the year for which
compensation is claimed.
Sec. 11. Minnesota Statutes 2003 Supplement, section
365.52, subdivision 1, is amended to read:
Subdivision 1. [HOW CALLED; STATEMENT; PETITION.] A
special town meeting may be held to conduct any lawful
business. To call a special meeting, the supervisors and town
clerk, or any two of them together with at least 12 other town
freeholders landowners, shall file a statement in the town
clerk's office. The statement must tell why the meeting is
called, the particular business to be transacted, and that the
interests of the town require the meeting. A special town
meeting may also be called on petition of 20 percent of the
electors of the town. The percentage is of the number of voters
at the last general election.
Sec. 12. Minnesota Statutes 2002, section 365.59, is
amended to read:
365.59 [COUNTY TO APPOINT OFFICERS IF NONE ELECTED.]
Subdivision 1. [SECOND MEETING TRY.] If a town fails to
organize or fails to elect officers at the annual town meeting,
12 freeholders landowners of the town may call a town meeting
for these purposes. The meeting is called by giving ten days'
posted notice of it. The notice must include the time, place,
and purpose of the meeting.
Subd. 2. [30-DAY WAIT; AFFIDAVIT.] If the notice under
subdivision 1 is not posted within 30 days after the date for
the annual town meeting, the county board shall appoint officers
for the town. The officers shall hold their offices until their
successors qualify. The county board shall act only after an
affidavit of a freeholder landowner of the town is filed with
the county auditor. The affidavit must state the facts that
require the county board to act.
Sec. 13. Minnesota Statutes 2002, section 366.17, is
amended to read:
366.17 [PLANNING AND ZONING COMMISSION.]
To carry out sections 366.10 to 366.18, the town board may
appoint a planning and zoning commission, all of whom shall be
freeholders landowners. The number of commissioners shall be
determined by the board. The planning and zoning commission
shall act as an adviser to the town board. The commission may
be empowered to employ a civil engineer or city planner as
required to establish the districts or zones of any parts of the
town.
Sec. 14. Minnesota Statutes 2002, section 368.85,
subdivision 9, is amended to read:
Subd. 9. [DISSOLUTION.] A special fire protection district
may be dissolved in the following manner. The town board may
submit the question of dissolution of a district at any annual
town meeting. It must submit that question at the next annual
town meeting on the signed petition of electors residing in the
district equal in number to at least one-half of the number
of freeholders landowners in the district according to the tax
record in the county auditor's office filed with the town clerk
not less than 45 days before the annual meeting. Notice that
the question will be submitted shall be posted by the town clerk
in three public places within the special district not less than
two weeks before the annual meeting at which it will be
submitted. Only voters residing in the district shall vote on
the question of dissolution. A separate ballot box shall be
provided for votes on the question. The town board shall
provide ballots for the question of dissolution which shall be
in the same form as provided in subdivision 4 except that the
question shall be "Shall Special Fire Protection District No.
..... be dissolved?". If a majority vote of those voting on
the question vote in the affirmative, the district shall be
dissolved. In that event the results of the election shall be
certified by the chair of the town board to the county auditor.
There shall be no further special levy for fire protection in
the district, but dissolution shall not relieve the property in
the special district from any taxes levied under this section
before dissolution.
Sec. 15. Minnesota Statutes 2002, section 385.09, is
amended to read:
385.09 [BONDS OF DEPOSITORIES.]
Every bank or banker, before being designated as a
depository, shall deposit with the county treasurer a bond, to
be approved by the county board, in at least double the amount
to be deposited, payable to such county, and signed by not less
than five resident freeholders landowners as sureties; who
shall, in the aggregate, qualify for the full penalty named in
such bond. Any county in which there is no such bank or banker
may be exempt from the foregoing provisions which relate to
depositing its funds, if in the judgment of the county board
such deposit would be detrimental to its interests. In cases
where the bond furnished by the depository is that of a surety
company authorized to do business in this state, the amount of
such bond need not be more than the amount to be deposited in
such depository.
Sec. 16. Minnesota Statutes 2002, section 395.14, is
amended to read:
395.14 [SEED AND FEED LOANS.]
Authority is granted to any county in the state to lend
money to residents of the county who are citizens of the United
States or resident aliens or who have declared their intention
of becoming citizens of the United States, for the purpose of
purchasing seed and feed for teams whenever there has been a
total or partial failure of crops in the county, by reason of
hail, flood, drought, fire, or other cause. Qualified residents
must own, or hold under contract for deed, land previously under
cultivation and cropped and in condition capable of being
cropped during the ensuing year, but must be unable to procure
seed for planting their land and feed for their teams while
doing the planting and must be in imminent danger of losing
their property. If not less than 25 resident freeholders
landowners of the county, before March first next following the
crop failure, present to the auditor of the county a petition
signed by them asking that the county lend money to residents
suffering by reason of the crop failure, for the purpose of
purchasing seed and feed, the auditor shall receive and file the
petition and at once call a meeting of the county board to
consider the petition. The county board shall, on or before the
second Monday in March, next following, meet and consider the
petition and may enter an order that the county lend, from its
general fund, sums as it deems necessary for the purpose;
however, the amount shall not, with the existing indebtedness of
the county, exceed the amount of indebtedness fixed by the laws
of this state.
ARTICLE 3
OBSOLETE PROPERTY TAX REFERENCES
Section 1. Minnesota Statutes 2002, section 126C.48,
subdivision 8, is amended to read:
Subd. 8. [TACONITE PAYMENT AND OTHER REDUCTIONS.] (1)
Reductions in levies pursuant to sections section 126C.48,
subdivision 1, and 273.138, must be made prior to the reductions
in clause (2).
(2) Notwithstanding any other law to the contrary,
districts which received payments pursuant to sections 298.018;
298.225; 298.28, except an amount distributed under section
298.28, subdivision 4, paragraph (c), clause (ii); 298.34 to
298.39; 298.391 to 298.396; 298.405; and any law imposing a tax
upon severed mineral values; or recognized revenue under section
477A.15 must not include a portion of these aids in their
permissible levies pursuant to those sections, but instead must
reduce the permissible levies authorized by this chapter and
chapters 120B, 122A, 123A, 123B, 124A, 124D, 125A, and 127A by
the greater of the following:
(a) an amount equal to 50 percent of the total dollar
amount of the payments received pursuant to those sections or
revenue recognized under section 477A.15 in the previous fiscal
year; or
(b) an amount equal to the total dollar amount of the
payments received pursuant to those sections or revenue
recognized under section 477A.15 in the previous fiscal year
less the product of the same dollar amount of payments or
revenue times five percent.
For levy year 2002 only, 77 percent of the amounts
distributed under section 298.225 and 298.28, and 100 percent of
the amounts distributed under sections 298.018; 298.34 to
298.39; 298.391 to 298.396; 298.405; and any law imposing a tax
upon severed mineral values, or recognized revenue under section
477A.15, shall be used for purposes of the calculations under
this paragraph. For levy year 2003 only, the levy reductions
under this subdivision must be calculated as if section 298.28,
subdivision 4, paragraph (f), did not apply for the 2003
distribution.
(3) The amount of any voter approved referendum, facilities
down payment, and debt levies shall not be reduced by more than
50 percent under this subdivision. In administering this
paragraph, the commissioner shall first reduce the nonvoter
approved levies of a district; then, if any payments, severed
mineral value tax revenue or recognized revenue under paragraph
(2) remains, the commissioner shall reduce any voter approved
referendum levies authorized under section 126C.17; then, if any
payments, severed mineral value tax revenue or recognized
revenue under paragraph (2) remains, the commissioner shall
reduce any voter approved facilities down payment levies
authorized under section 123B.63 and then, if any payments,
severed mineral value tax revenue or recognized revenue under
paragraph (2) remains, the commissioner shall reduce any voter
approved debt levies.
(4) Before computing the reduction pursuant to this
subdivision of the health and safety levy authorized by sections
123B.57 and 126C.40, subdivision 5, the commissioner shall
ascertain from each affected school district the amount it
proposes to levy under each section or subdivision. The
reduction shall be computed on the basis of the amount so
ascertained.
(5) To the extent the levy reduction calculated under
paragraph (2) exceeds the limitation in paragraph (3), an amount
equal to the excess must be distributed from the school
district's distribution under sections 298.225, 298.28, and
477A.15 in the following year to the cities and townships within
the school district in the proportion that their taxable net tax
capacity within the school district bears to the taxable net tax
capacity of the school district for property taxes payable in
the year prior to distribution. No city or township shall
receive a distribution greater than its levy for taxes payable
in the year prior to distribution. The commissioner of revenue
shall certify the distributions of cities and towns under this
paragraph to the county auditor by September 30 of the year
preceding distribution. The county auditor shall reduce the
proposed and final levies of cities and towns receiving
distributions by the amount of their distribution.
Distributions to the cities and towns shall be made at the times
provided under section 298.27.
Sec. 2. Minnesota Statutes 2003 Supplement, section
127A.45, subdivision 10, is amended to read:
Subd. 10. [PAYMENTS TO SCHOOL NONOPERATING FUNDS.] Each
fiscal year state general fund payments for a district
nonoperating fund must be made at 80 percent of the estimated
entitlement during the fiscal year of the entitlement. This
amount shall be paid in 12 equal monthly installments. The
amount of the actual entitlement, after adjustment for actual
data, minus the payments made during the fiscal year of the
entitlement must be paid prior to October 31 of the following
school year. The commissioner may make advance payments of debt
service equalization aid or homestead and agricultural credit
aid for a district's debt service fund earlier than would occur
under the preceding schedule if the district submits evidence
showing a serious cash flow problem in the fund. The
commissioner may make earlier payments during the year and, if
necessary, increase the percent of the entitlement paid to
reduce the cash flow problem.
Sec. 3. Minnesota Statutes 2002, section 162.081,
subdivision 4, is amended to read:
Subd. 4. [FORMULA FOR DISTRIBUTION TO TOWNS; PURPOSES.]
Money apportioned to a county from the town road account must be
distributed to the treasurer of each town within the county,
according to a distribution formula adopted by the county
board. The formula must take into account each town's levy for
road and bridge purposes, its population and town road mileage,
and other factors the county board deems advisable in the
interests of achieving equity among the towns. Distribution of
town road funds to each town treasurer must be made by March 1,
annually, or within 30 days after receipt of payment from the
commissioner. Distribution of funds to town treasurers in a
county which has not adopted a distribution formula under this
subdivision must be made according to a formula prescribed by
the commissioner by rule. A formula adopted by a county board
or by the commissioner must provide that a town, in order to be
eligible for distribution of funds from the town road account in
a calendar year, must have levied before the deduction of
homestead and agricultural credit aid certified under section
273.1398, subdivision 2, for taxes payable in the previous year
for road and bridge purposes at least 0.04835 percent of taxable
market value. For purposes of this eligibility requirement,
taxable market value means taxable market value for taxes
payable two years prior to the aid distribution year.
Money distributed to a town under this subdivision may be
expended by the town only for the construction, reconstruction,
and gravel maintenance of town roads within the town.
Sec. 4. Minnesota Statutes 2002, section 272.0212,
subdivision 2, is amended to read:
Subd. 2. [LIMITS ON EXEMPTION.] Property in a zone is not
exempt under this section from the following:
(1) special assessments;
(2) ad valorem property taxes specifically levied for the
payment of principal and interest on debt obligations; and
(3) all taxes levied by a school district, except equalized
school referendum levies as defined in section 273.1398,
subdivision 1, paragraph (e) 126C.17.
Sec. 5. Minnesota Statutes 2003 Supplement, section
273.1392, is amended to read:
273.1392 [PAYMENT; SCHOOL DISTRICTS.]
The amounts of conservation tax credits under section
273.119; disaster or emergency reimbursement under section
273.123; attached machinery aid under section 273.138; homestead
and agricultural credits under section 273.1384; aids and
credits under section 273.1398; wetlands reimbursement under
section 275.295; enterprise zone property credit payments under
section 469.171; and metropolitan agricultural preserve
reduction under section 473H.10 for school districts, shall be
certified to the Department of Education by the Department of
Revenue. The amounts so certified shall be paid according to
section 127A.45, subdivisions 9 and 13.
Sec. 6. Minnesota Statutes 2002, section 273.1398,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) In this section, the
terms defined in this subdivision have the meanings given them.
(b) "Unique taxing jurisdiction" means the geographic area
subject to the same set of local tax rates.
(c) "Previous net tax capacity" means the product of the
appropriate net class rates for the year previous to the year in
which the aid is payable, and estimated market values for the
assessment two years prior to that in which aid is payable.
"Total previous net tax capacity" means the previous net tax
capacities for all property within the unique taxing
jurisdiction. The total previous net tax capacity shall be
reduced by the sum of (1) the unique taxing jurisdiction's
previous net tax capacity of commercial-industrial property as
defined in section 473F.02, subdivision 3, or 276A.01,
subdivision 3, multiplied by the ratio determined pursuant to
section 473F.08, subdivision 6, or 276A.06, subdivision 7, for
the municipality, as defined in section 473F.02, subdivision 8,
or 276A.01, subdivision 8, in which the unique taxing
jurisdiction is located, (2) the previous net tax capacity of
the captured value of tax increment financing districts as
defined in section 469.177, subdivision 2, and (3) the previous
net tax capacity of transmission lines deducted from a local
government's total net tax capacity under section 273.425.
Previous net tax capacity cannot be less than zero.
(d) "Equalized market values" are market values that have
been equalized by dividing the assessor's estimated market value
for the second year prior to that in which the aid is payable by
the assessment sales ratios determined by class in the
assessment sales ratio study conducted by the Department of
Revenue pursuant to section 127A.48 in the second year prior to
that in which the aid is payable. The equalized market values
shall equal the unequalized market values divided by the
assessment sales ratio.
(e) "Equalized school levies" means the amounts levied for:
(1) general education under section 126C.13, subdivision 2;
(2) supplemental revenue under section 126C.10, subdivision
10;
(3) transition revenue under section 126C.10, subdivision
20; and
(4) referendum revenue under section 126C.17.
(f) "Current local tax rate" means the quotient derived by
dividing the taxes levied within a unique taxing jurisdiction
for taxes payable in the year prior to that for which aids are
being calculated by the total previous net tax capacity of the
unique taxing jurisdiction.
(g) For purposes of calculating and allocating homestead
and agricultural credit aid authorized pursuant to subdivision 2
and the disparity reduction aid authorized in subdivision 3,
"gross taxes levied on all properties," "gross taxes," or "taxes
levied" means the total net tax capacity based taxes levied on
all properties except that levied on the captured value of tax
increment districts as defined in section 469.177, subdivision
2, and that levied on the portion of commercial industrial
properties' assessed value or gross tax capacity, as defined in
section 473F.02, subdivision 3, subject to the areawide tax as
provided in section 473F.08, subdivision 6, in a unique taxing
jurisdiction. "Gross taxes" are before any reduction for
disparity reduction aid but "taxes levied" are after any
reduction for disparity reduction aid. Gross taxes levied or
taxes levied cannot be less than zero.
"Taxes levied" excludes equalized school levies.
(h) "Household adjustment factor" means the number of
households, for the year most recently determined as of July 1
in the aid calculation year, divided by the number of households
for the year immediately preceding the year for which the number
of households has most recently been determined as of July 1.
The household adjustment factor cannot be less than one.
(i) "Growth adjustment factor" means the household
adjustment factor in the case of counties. In the case of
cities, towns, school districts, and special taxing districts,
the growth adjustment factor equals one. The growth adjustment
factor cannot be less than one.
(j) "Homestead and agricultural credit base" means the
previous year's certified homestead and agricultural credit aid
determined under subdivision 2 less any permanent aid reduction
in the previous year to homestead and agricultural credit aid.
(k) "Net tax capacity adjustment" means (1) the tax base
differential defined in subdivision 1a, multiplied by (2) the
unique taxing jurisdiction's current local tax rate. The net
tax capacity adjustment cannot be less than zero.
(l) "Fiscal disparity adjustment" means a taxing
jurisdiction's fiscal disparity distribution levy under section
473F.08, subdivision 3, clause (a), or 276A.06, subdivision 3,
clause (a), for taxes payable in the year prior to that for
which aids are being calculated, multiplied by the ratio of the
tax base differential percent referenced in subdivision 1a for
the highest class rate for class 3 property for taxes payable in
the year prior to that for which aids are being calculated to
the highest class rate for class 3 property for taxes payable in
the second prior year to that for which aids are being
calculated. In the case of school districts, the fiscal
disparity distribution levy shall exclude that part of the levy
attributable to equalized school levies.
Sec. 7. Minnesota Statutes 2002, section 273.1398,
subdivision 2d, is amended to read:
Subd. 2d. [AIDS DETERMINED AS OF JUNE 30.] For aid amounts
authorized under subdivisions 2 and subdivision 3, and section
273.166: (i) if the effective date for a municipal
incorporation, consolidation, annexation, detachment,
dissolution, or township organization is on or before June 30 of
the year preceding the aid distribution year, the change in
boundaries or form of government shall be recognized for aid
determinations for the aid distribution year; (ii) if the
effective date for a municipal incorporation, consolidation,
annexation, detachment, dissolution, or township organization is
after June 30 of the year preceding the aid distribution year,
the change in boundaries or form of government shall not be
recognized for aid determinations until the following year.
Sec. 8. Minnesota Statutes 2002, section 273.1398,
subdivision 3, is amended to read:
Subd. 3. [DISPARITY REDUCTION AID.] (a) For taxes payable
in 2003 and subsequent years, the amount of disparity aid
certified for each taxing district within each unique taxing
jurisdiction for taxes payable in the prior year shall be
multiplied by the ratio of (1) the jurisdiction's tax capacity
using the class rates for taxes payable in the year for which
aid is being computed, to (2) its tax capacity using the class
rates for taxes payable in the year prior to that for which aid
is being computed, both based upon market values for taxes
payable in the year prior to that for which aid is being
computed. For the purposes of this aid determination, disparity
reduction aid certified for taxes payable in the prior year for
a taxing entity other than a town or school district is deemed
to be county government disparity reduction aid. The amount of
disparity aid certified to each taxing jurisdiction shall be
reduced by any reductions required in the current year or
permanent reductions required in previous years under section
477A.0132.
(b) For aid payable in 2003, in each unique taxing
jurisdiction where the total tax rate for taxes payable in 2002
exceeds 135 percent of taxable net tax capacity, an amount shall
be permanently added to the unique taxing jurisdiction's aid
amount under paragraph (a) equal to the lesser of: (i) the
amount, if any, by which 87 percent of the aid certified for
2001 exceeds the amount certified for 2002, or (ii) the amount
that would be necessary to reduce the total payable 2002 tax
rate for the unique taxing jurisdiction to 135 percent of
taxable net tax capacity. The amount determined under this
paragraph must be added before the class rate adjustment
described in paragraph (a).
Sec. 9. Minnesota Statutes 2003 Supplement, section
273.1398, subdivision 4c, is amended to read:
Subd. 4c. [TEMPORARY AID; COURT ADMINISTRATION COSTS.] For
calendar years 2004 and 2005, each county in a judicial district
that has not been transferred to the state by January 1 of that
year shall receive temporary court maintenance of effort cost
aid. This amount is in addition to the amount calculated under
subdivision 2 and must not be included in the definition of
homestead and agricultural credit base under subdivision 1,
paragraph (j). The amount of aid is equal to the difference
between (1) the amount budgeted for court administration costs
in 2001 as determined under subdivision 4b, paragraph (b),
multiplied by the maintenance of effort percent for the calendar
year as determined under subdivision 4b, paragraph (a), and (2)
the amount calculated under subdivision 4b, paragraph (a), for
calendar year 2003, except that the payment under this section
is reduced by 50 percent in the calendar year in which the
district is transferred to the state. This additional aid must
be used only to fund court administration expenditures as
defined in section 480.183, subdivision 3. This amount must be
added to the state court's base budget in the year when the
court in that judicial district in which the county is located
is transferred to the state.
Sec. 10. Minnesota Statutes 2002, section 275.07,
subdivision 1, is amended to read:
Subdivision 1. [CERTIFICATION OF LEVY.] (a) Except as
provided under paragraph (b), the taxes voted by cities,
counties, school districts, and special districts shall be
certified by the proper authorities to the county auditor on or
before five working days after December 20 in each year. A town
must certify the levy adopted by the town board to the county
auditor by September 15 each year. If the town board modifies
the levy at a special town meeting after September 15, the town
board must recertify its levy to the county auditor on or before
five working days after December 20. The taxes certified shall
not be reduced by the county auditor by the aid received under
section 273.1398, subdivision 2, but shall be reduced by the
county auditor by the aid received under section 273.1398,
subdivision 3. If a city, town, county, school district, or
special district fails to certify its levy by that date, its
levy shall be the amount levied by it for the preceding year.
(b)(i) The taxes voted by counties under sections 103B.241,
103B.245, and 103B.251 shall be separately certified by the
county to the county auditor on or before five working days
after December 20 in each year. The taxes certified shall not
be reduced by the county auditor by the aid received under
section 273.1398, subdivisions 2 and subdivision 3. If a county
fails to certify its levy by that date, its levy shall be the
amount levied by it for the preceding year.
(ii) For purposes of the proposed property tax notice under
section 275.065 and the property tax statement under section
276.04, for the first year in which the county implements the
provisions of this paragraph, the county auditor shall reduce
the county's levy for the preceding year to reflect any amount
levied for water management purposes under clause (i) included
in the county's levy.
Sec. 11. Minnesota Statutes 2002, section 276.04,
subdivision 2, is amended to read:
Subd. 2. [CONTENTS OF TAX STATEMENTS.] (a) The treasurer
shall provide for the printing of the tax statements. The
commissioner of revenue shall prescribe the form of the property
tax statement and its contents. The statement must contain a
tabulated statement of the dollar amount due to each taxing
authority and the amount of the state tax from the parcel of
real property for which a particular tax statement is prepared.
The dollar amounts attributable to the county, the state tax,
the voter approved school tax, the other local school tax, the
township or municipality, and the total of the metropolitan
special taxing districts as defined in section 275.065,
subdivision 3, paragraph (i), must be separately stated. The
amounts due all other special taxing districts, if any, may be
aggregated. If the county levy under this paragraph includes an
amount for a lake improvement district as defined under sections
103B.501 to 103B.581, the amount attributable for that purpose
must be separately stated from the remaining county levy
amount. The amount of the tax on homesteads qualifying under
the senior citizens' property tax deferral program under chapter
290B is the total amount of property tax before subtraction of
the deferred property tax amount. The amount of the tax on
contamination value imposed under sections 270.91 to 270.98, if
any, must also be separately stated. The dollar amounts,
including the dollar amount of any special assessments, may be
rounded to the nearest even whole dollar. For purposes of this
section whole odd-numbered dollars may be adjusted to the next
higher even-numbered dollar. The amount of market value
excluded under section 273.11, subdivision 16, if any, must also
be listed on the tax statement.
(b) The property tax statements for manufactured homes and
sectional structures taxed as personal property shall contain
the same information that is required on the tax statements for
real property.
(c) Real and personal property tax statements must contain
the following information in the order given in this paragraph.
The information must contain the current year tax information in
the right column with the corresponding information for the
previous year in a column on the left:
(1) the property's estimated market value under section
273.11, subdivision 1;
(2) the property's taxable market value after reductions
under section 273.11, subdivisions 1a and 16;
(3) the property's gross tax, calculated by adding the
property's total property tax to the sum of the aids enumerated
in clause (4);
(4) a total of the following aids:
(i) education aids payable under chapters 122A, 123A, 123B,
124D, 125A, 126C, and 127A;
(ii) local government aids for cities, towns, and counties
under chapter 477A; and
(iii) disparity reduction aid under section 273.1398; and
(iv) homestead and agricultural credit aid under section
273.1398;
(5) for homestead residential and agricultural properties,
the credits under section 273.1384;
(6) any credits received under sections 273.119; 273.123;
273.135; 273.1391; 273.1398, subdivision 4; 469.171; and
473H.10, except that the amount of credit received under section
273.135 must be separately stated and identified as "taconite
tax relief"; and
(7) the net tax payable in the manner required in paragraph
(a).
(d) If the county uses envelopes for mailing property tax
statements and if the county agrees, a taxing district may
include a notice with the property tax statement notifying
taxpayers when the taxing district will begin its budget
deliberations for the current year, and encouraging taxpayers to
attend the hearings. If the county allows notices to be
included in the envelope containing the property tax statement,
and if more than one taxing district relative to a given
property decides to include a notice with the tax statement, the
county treasurer or auditor must coordinate the process and may
combine the information on a single announcement.
The commissioner of revenue shall certify to the county
auditor the actual or estimated aids enumerated in clause (4)
that local governments will receive in the following year. The
commissioner must certify this amount by January 1 of each year.
Sec. 12. Minnesota Statutes 2003 Supplement, section
469.177, subdivision 9, is amended to read:
Subd. 9. [DISTRIBUTIONS OF EXCESS TAXES ON CAPTURED NET
TAX CAPACITY.] (a) If the amount of tax paid on captured net tax
capacity exceeds the amount of tax increment, the county auditor
shall distribute the excess to the municipality, county, and
school district as follows: each governmental unit's share of
the excess equals
(1) the total amount of the excess for the tax increment
financing district, multiplied by
(2) a fraction, the numerator of which is the current local
tax rate of the governmental unit less the governmental unit's
local tax rate for the year the original local tax rate for the
district was certified (in no case may this amount be less than
zero) and the denominator of which is the sum of the numerators
for the municipality, county, and school district.
If the entire increase in the local tax rate is attributable to
a taxing district, other than the municipality, county, or
school district, then the excess must be distributed to the
municipality, county, and school district in proportion to their
respective local tax rates.
The school district's tax rate must be divided into the
portion of the tax rate attributable (1) to state equalized
levies, and (2) unequalized levies. As used in this
subdivision, "equalized levies" means the "equalized school
levies" which are defined in section 273.1398, subdivision 1,
for aids payable in the year following the year in which the
excess taxes on captured net tax capacity are due and payable.
Unequalized levies mean the rest of the school district's
levies. The calculations under clause (2) must determine the
amount of excess taxes attributable to each portion of the
school district's tax rate. If one of the portions of the
change in the school district tax rate is less than zero and the
combined change is greater than zero, the combined rate must be
used and all the school district's share of excess taxes
allocated to that portion of the tax rate.
(b) The amounts distributed shall be deducted in computing
the levy limits of the taxing district for the succeeding
taxable year. In the case of a school district, only the
proportion of the excess taxes attributable to unequalized
levies that are subject to a fixed dollar amount levy limit
shall be deducted from the levy limit.
(c) In the case of distributions to a school district that
are attributable to state equalized levies, the county auditor
shall report amounts distributed to the commissioner of
education in the same manner as provided for excess increments
under section 469.176, subdivision 2, and the distribution shall
be deducted from the school district's state aid payments.
Sec. 13. Minnesota Statutes 2003 Supplement, section
473.253, subdivision 1, is amended to read:
Subdivision 1. [SOURCES OF FUNDS.] The council shall
credit to the livable communities demonstration account the
revenues provided in this subdivision. This tax shall be levied
and collected in the manner provided by section 473.13. The
levy shall not exceed the following amount for the years
specified:
(a)(1) for taxes payable in 1997 through 2003, the product
of (i) the property tax levy limit under this subdivision for
the previous year multiplied by (ii) an index for market
valuation changes equal to the total market valuation of all
taxable property located within the metropolitan area for the
current taxes payable year divided by the total market valuation
of all taxable property located in the metropolitan area for the
previous taxes payable year;
(2) for taxes payable in 2004 and 2005, $8,259,070; and
(3) (2) for taxes payable in 2006 and subsequent years, the
product of (i) the property tax levy limit under this
subdivision for the previous year multiplied by (ii) one plus a
percentage equal to the growth in the implicit price deflator as
defined in section 275.70, subdivision 2.
(b) The Metropolitan Council, for the purposes of the fund,
is considered a unique taxing jurisdiction for purposes of
receiving aid pursuant to section 273.1398. For aid to be
received in 1996, the fund's homestead and agricultural credit
base shall equal 50 percent of the metropolitan mosquito control
commission's certified homestead and agricultural credit aid for
1995, determined under section 273.1398, subdivision 2, less any
permanent aid reduction under section 477A.0132. For aid to be
received under section 273.1398 in 1997 and subsequent years,
the fund's homestead and agricultural credit base shall be
determined in accordance with section 273.1398, subdivision 1.
Sec. 14. Minnesota Statutes 2002, section 477A.011,
subdivision 21, is amended to read:
Subd. 21. [EQUALIZED MARKET VALUES.] "Equalized market
values" are equalized market values as defined in section
273.1398, subdivision 1 means market values that have been
equalized by dividing the assessor's estimated market value for
the second year prior to that in which the aid is payable by the
assessment sales ratios determined by class in the assessment
sales ratio study conducted by the Department of Revenue
pursuant to section 127A.48 in the second year prior to that in
which the aid is payable. The equalized market values equal the
unequalized market values divided by the assessment sales ratio.
Sec. 15. Minnesota Statutes 2002, section 477A.011,
subdivision 27, is amended to read:
Subd. 27. [REVENUE BASE.] "Revenue base" means the amount
levied for taxes payable in the previous year, including the
levy on the fiscal disparity distribution under section 276A.06,
subdivision 3, paragraph (a), or 473F.08, subdivision 3,
paragraph (a), and before reduction for the homestead and
agricultural credit aid under section 273.1398, subdivision 2,
equalization aid under section 477A.013, subdivision 5, and
disparity reduction aid under section 273.1398, subdivision 3;
plus the originally certified local government aid in the
previous year under sections 477A.011 and 477A.013; and the
taconite aids received in the previous year under sections
298.28 and 298.282.
Sec. 16. Minnesota Statutes 2002, section 477A.011,
subdivision 35, is amended to read:
Subd. 35. [TAX EFFORT RATE.] "Tax effort rate" means the
sum of (1) the net levy for all cities plus (2) for aid payable
in 2002 only, the total aid payments to all cities under section
273.1398 in the previous year; divided by the sum of the city
net tax capacity for all cities. For purposes of this section,
"net levy" means the city levy, after all adjustments, used for
calculating the local tax rate under section 275.08 for taxes
payable in the year prior to the aid distribution. The fiscal
disparity distribution levy under chapter 276A or 473F is
included in net levy.
Sec. 17. Minnesota Statutes 2002, section 477A.015, is
amended to read:
477A.015 [PAYMENT DATES.]
The commissioner of revenue shall make the payments of
local government aid to affected taxing authorities in two
installments on July 20 and December 26 annually.
When the commissioner of public safety determines that a
local government has suffered financial hardship due to a
natural disaster, the commissioner of public safety shall notify
the commissioner of revenue, who shall make payments of
homestead and agricultural credit aid under section 273.1398 and
aids under sections 477A.011 to 477A.014, which are otherwise
due on December 26, as soon as is practical after the
determination is made but not before July 20.
The commissioner may pay all or part of the payments of
homestead and agricultural credit aid under section 273.1398 and
aids under sections 477A.011 to 477A.014, which are due on
December 26 at any time after August 15 if a local government
requests such payment as being necessary for meeting its cash
flow needs.
Sec. 18. [REPEALER.]
Minnesota Statutes 2002, sections 273.1398, subdivisions 1a
and 2e; and 275.07, subdivisions 1a and 5, are repealed.
Presented to the governor May 15, 2004
Signed by the governor May 19, 2004, 12:05 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes