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Key: (1) language to be deleted (2) new language

CHAPTER 277--S.F.No. 3674
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superseded provisions; making miscellaneous technical corrections to statutes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 2006, sections 13.202, subdivision
3; 13.322, subdivision 1; 13.3806, subdivision 1; 13.635, subdivision 1; 13.681,
subdivision 1; 13.712, subdivision 1; 13.83, subdivision 10; 13.871, subdivisions
1, 6; 17.117, subdivision 3; 46.044, subdivision 1; 72A.20, subdivision 11;
103F.725, subdivision 1a; 103I.005, subdivision 22; 103I.311, subdivision
3; 115A.554; 123B.88, subdivision 19; 124D.59, subdivision 3; 126C.17,
subdivision 9; 144.396, subdivision 9; 144.581, subdivision 1; 144A.461;
145B.02, subdivision 5; 148.736, subdivisions 2, 3; 169.01, subdivision 4b;
169.421, subdivision 5; 169.448, subdivision 1; 171.12, subdivision 2a; 174.03,
subdivision 8; 175.35; 237.411, subdivision 5; 244.08; 256.98, subdivision
7; 256B.04, subdivision 16; 256B.35, subdivision 1; 256J.30, subdivision 9;
256J.32, subdivision 4; 256J.42, subdivisions 5, 6; 256J.425, subdivisions 5,
6; 256J.46, subdivision 1; 256J.50, subdivision 1; 256J.521, subdivision 4;
256J.54, subdivision 5; 260B.235, subdivision 5; 260C.007, subdivision 6;
270.81, subdivision 1; 270.82, subdivision 1; 270.83, subdivision 3; 273.1398,
subdivision 6; 275.065, subdivision 5a; 282.01, subdivision 1b; 289A.08,
subdivision 7; 289A.63, subdivision 6; 290.0921, subdivision 3; 297A.70,
subdivision 13; 298.28, subdivision 4, as amended; 298.282, subdivision
2; 300.15; 300.64, subdivision 4; 321.0108; 332.30; 352.03, subdivision
11; 352.119, subdivision 3; 354.07, subdivision 3; 354A.12, subdivisions 1,
2a; 356.30, subdivision 1; 356.65, subdivision 2; 386.015, subdivision 5;
422A.101, subdivision 2; 424A.02, subdivision 8a; 458D.18, subdivision 9;
469.153, subdivision 2; 480.182; 484.012; 501B.86, subdivision 2; 508A.22,
subdivision 3; 518C.310; 550.04; 609.101, subdivision 3; 609.75, subdivision 1;
609B.121; 609B.164; 609B.265, subdivision 3; 609B.515; 611.272; Minnesota
Statutes 2007 Supplement, sections 16B.326; 16C.03, subdivision 10; 103I.235,
subdivision 1; 136A.127, subdivision 8; 144.121, subdivision 5b; 148.67,
subdivision 1; 183.57, subdivision 2; 183.59; 216B.1637; 256.01, subdivision 23;
256.476, subdivision 4; 256B.0915, subdivisions 3a, 3e; 256B.49, subdivision
16a; 256J.49, subdivision 13; 256J.55, subdivision 1; 268.101, subdivision
2; 325E.386, subdivision 1; 326.91, subdivision 1; 352.01, subdivision 2b;
446A.051, subdivision 1; 446A.072, subdivision 5a; Laws 2007, chapter 147,
article 19, section 3, subdivision 4; proposing coding for new law in Minnesota
Statutes, chapter 609B; repealing Minnesota Statutes 2006, sections 35.701;
35.96, subdivision 5; 62Q.64; 216C.30, subdivision 4; 256E.21, subdivision 3;
289A.11, subdivision 2; 383D.47; 473.1551, subdivision 1; 473.553, subdivision
14; 473.616; 484.69, subdivision 1a; 525.091, subdivision 2; Laws 2006, chapter
270, article 2, section 13; Laws 2007, chapter 128, article 6, section 16; Laws
2007, chapter 134, article 1, section 8; Laws 2007, chapter 147, article 1, section
32.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1
GENERAL

    Section 1. Minnesota Statutes 2007 Supplement, section 16B.326, is amended to read:
16B.326 HEATING AND COOLING SYSTEMS; STATE-FUNDED
BUILDINGS.
    The commissioner must review and study project proposer's study for geothermal
and solar thermal applications as possible uses for heating or cooling for all building
projects subject to a predesign review under section 16B.335 that receive any state funding
for replacement of heating or cooling systems. When practicable, geothermal and solar
thermal heating and cooling systems must be considered when designing, planning, or
letting bids for necessary replacement or initial installation of cooling or heating systems
in new or existing buildings that are constructed or maintained with state funds. The
predesign review must include a written plan for compliance with this section from
a project proposer.
    For the purposes of this section, "solar thermal" means a flat plate or evacuated tube
with a fixed orientation that collects the sun's radiant energy and transfers it to a storage
medium for distribution as energy for heating and cooling.

    Sec. 2. Minnesota Statutes 2007 Supplement, section 16C.03, subdivision 10, is
amended to read:
    Subd. 10. Cooperative purchasing. The commissioner is authorized to enter into a
cooperative purchasing agreement for the provision of goods, services, and utilities with
one or more other states or governmental units, as described in section 471.59, subdivision
1;
entities defined in section 16C.23, subdivision 1; a registered combined charitable
organization and its affiliated agencies as defined by section 309.501 43A.50; a charitable
organization defined in section 309.50, subdivision 4, that is also a recipient of a state
grant or contract; or a nonprofit community health clinic defined in section 145.9268.
The commissioner is authorized to enter into cooperative purchasing agreements for the
purchase of goods, services, and utilities with health care facilities that are required to
provide indigent care or any entity recognized by another state's statutes as authorized to
use that state's commodity or service contracts.

    Sec. 3. Minnesota Statutes 2006, section 46.044, subdivision 1, is amended to read:
    Subdivision 1. Charters issued, conditions. An application for a bank charter must
be granted if (1) the applicants are of good moral character and financial integrity, (2) there
is a reasonable public demand for this bank in this location, (3) the organization expenses
being paid by the bank do not exceed those allowed by section 46.043, (4) the probable
volume of business in this location is sufficient to insure and maintain the solvency of
the new bank and the solvency of the then existing bank or banks in the locality without
endangering the safety of any bank in the locality as a place of deposit of public and
private money, (5) (4) the commissioner of commerce is satisfied that the proposed bank
will be properly and safely managed, and (6) (5) the commissioner is satisfied that the
capital funds required pursuant to section 48.02 are available and the commissioner may
accept any reasonable demonstration including subscription agreements supported by
current financial statements. If the application does not satisfy the requirements of this
subdivision, it must be denied. In case of the denial of the application, the commissioner
of commerce shall specify the grounds for the denial. A person aggrieved may obtain
judicial review of the determination in accordance with chapter 14.

    Sec. 4. Minnesota Statutes 2006, section 72A.20, subdivision 11, is amended to read:
    Subd. 11. Application to certain sections. Violating any provision of the following
sections of this chapter not set forth in this section shall constitute an unfair method of
competition and an unfair and deceptive act or practice: sections 72A.12, subdivisions 2,
3, and 4
, 72A.16, subdivision 2, 72A.03 and 72A.04, 72A.08, subdivision 1, as modified
by sections 72A.08, subdivision 4, 72A.201, and sections 72A.49 to 72A.505, and 65B.13.

    Sec. 5. Minnesota Statutes 2006, section 103I.005, subdivision 22, is amended to read:
    Subd. 22. Well disclosure certificate. "Well disclosure certificate" means a
certificate containing the requirements of section 103I.235, subdivision 1, paragraph (k) (j).

    Sec. 6. Minnesota Statutes 2007 Supplement, section 103I.235, subdivision 1, is
amended to read:
    Subdivision 1. Disclosure of wells to buyer. (a) Before signing an agreement to
sell or transfer real property, the seller must disclose in writing to the buyer information
about the status and location of all known wells on the property, by delivering to the buyer
either a statement by the seller that the seller does not know of any wells on the property,
or a disclosure statement indicating the legal description and county, and a map drawn
from available information showing the location of each well to the extent practicable.
In the disclosure statement, the seller must indicate, for each well, whether the well is in
use, not in use, or sealed.
    (b) At the time of closing of the sale, the disclosure statement information, name and
mailing address of the buyer, and the quartile, section, township, and range in which each
well is located must be provided on a well disclosure certificate signed by the seller or a
person authorized to act on behalf of the seller.
    (c) A well disclosure certificate need not be provided if the seller does not know
of any wells on the property and the deed or other instrument of conveyance contains
the statement: "The Seller certifies that the Seller does not know of any wells on the
described real property."
    (d) If a deed is given pursuant to a contract for deed, the well disclosure certificate
required by this subdivision shall be signed by the buyer or a person authorized to act on
behalf of the buyer. If the buyer knows of no wells on the property, a well disclosure
certificate is not required if the following statement appears on the deed followed by the
signature of the grantee or, if there is more than one grantee, the signature of at least one
of the grantees: "The Grantee certifies that the Grantee does not know of any wells on the
described real property." The statement and signature of the grantee may be on the front
or back of the deed or on an attached sheet and an acknowledgment of the statement by
the grantee is not required for the deed to be recordable.
    (e) This subdivision does not apply to the sale, exchange, or transfer of real property:
    (1) that consists solely of a sale or transfer of severed mineral interests; or
    (2) that consists of an individual condominium unit as described in chapters 515
and 515B.
    (f) For an area owned in common under chapter 515 or 515B the association or other
responsible person must report to the commissioner by July 1, 1992, the location and
status of all wells in the common area. The association or other responsible person must
notify the commissioner within 30 days of any change in the reported status of wells.
    (g) For real property sold by the state under section 92.67, the lessee at the time of
the sale is responsible for compliance with this subdivision.
    (h) (g) If the seller fails to provide a required well disclosure certificate, the buyer, or
a person authorized to act on behalf of the buyer, may sign a well disclosure certificate
based on the information provided on the disclosure statement required by this section
or based on other available information.
    (i) (h) A county recorder or registrar of titles may not record a deed or other
instrument of conveyance dated after October 31, 1990, for which a certificate of value
is required under section 272.115, or any deed or other instrument of conveyance dated
after October 31, 1990, from a governmental body exempt from the payment of state deed
tax, unless the deed or other instrument of conveyance contains the statement made in
accordance with paragraph (c) or (d) or is accompanied by the well disclosure certificate
containing all the information required by paragraph (b) or (d). The county recorder or
registrar of titles must not accept a certificate unless it contains all the required information.
The county recorder or registrar of titles shall note on each deed or other instrument
of conveyance accompanied by a well disclosure certificate that the well disclosure
certificate was received. The notation must include the statement "No wells on property"
if the disclosure certificate states there are no wells on the property. The well disclosure
certificate shall not be filed or recorded in the records maintained by the county recorder or
registrar of titles. After noting "No wells on property" on the deed or other instrument of
conveyance, the county recorder or registrar of titles shall destroy or return to the buyer the
well disclosure certificate. The county recorder or registrar of titles shall collect from the
buyer or the person seeking to record a deed or other instrument of conveyance, a fee of
$45 for receipt of a completed well disclosure certificate. By the tenth day of each month,
the county recorder or registrar of titles shall transmit the well disclosure certificates to the
commissioner of health. By the tenth day after the end of each calendar quarter, the county
recorder or registrar of titles shall transmit to the commissioner of health $37.50 of the fee
for each well disclosure certificate received during the quarter. The commissioner shall
maintain the well disclosure certificate for at least six years. The commissioner may store
the certificate as an electronic image. A copy of that image shall be as valid as the original.
    (j) (i) No new well disclosure certificate is required under this subdivision if the
buyer or seller, or a person authorized to act on behalf of the buyer or seller, certifies on
the deed or other instrument of conveyance that the status and number of wells on the
property have not changed since the last previously filed well disclosure certificate. The
following statement, if followed by the signature of the person making the statement, is
sufficient to comply with the certification requirement of this paragraph: "I am familiar
with the property described in this instrument and I certify that the status and number of
wells on the described real property have not changed since the last previously filed well
disclosure certificate." The certification and signature may be on the front or back of the
deed or on an attached sheet and an acknowledgment of the statement is not required for
the deed or other instrument of conveyance to be recordable.
    (k) (j) The commissioner in consultation with county recorders shall prescribe the
form for a well disclosure certificate and provide well disclosure certificate forms to
county recorders and registrars of titles and other interested persons.
    (l) (k) Failure to comply with a requirement of this subdivision does not impair:
    (1) the validity of a deed or other instrument of conveyance as between the parties
to the deed or instrument or as to any other person who otherwise would be bound by
the deed or instrument; or
    (2) the record, as notice, of any deed or other instrument of conveyance accepted for
filing or recording contrary to the provisions of this subdivision.

    Sec. 7. Minnesota Statutes 2006, section 103I.311, subdivision 3, is amended to read:
    Subd. 3. Prohibition on state land purchased without well identification. The
state may not purchase or sell a fee interest in real property without identifying the location
of all wells on the property, whether in use, not in use, or sealed, and making provisions to
have the wells not in use properly sealed at the cost of the seller as part of the contract.
For real property sold by the state under section 92.67, the lessee at the time of the sale
is responsible for compliance under this subdivision. The deed or other instrument of
conveyance evidencing the sale may not be recorded with the county recorder or registrar
of titles unless this subdivision is complied with. Failure to comply with a requirement of
this subdivision does not impair:
(1) the validity of a deed or other instrument of conveyance as between the parties
to the deed or instrument or as to any other person who otherwise would be bound by
the deed or instrument; or
(2) the record, as notice, of any deed or other instrument of conveyance accepted for
filing or recording contrary to the provisions of this subdivision.

    Sec. 8. Minnesota Statutes 2006, section 115A.554, is amended to read:
115A.554 AUTHORITY OF SANITARY DISTRICTS.
A sanitary district has the authorities and duties of counties within the district's
boundary for purposes of sections 115A.0716; 115A.46, subdivisions 4 and 5; 115A.48;
115A.545; 115A.551; 115A.552; 115A.553; 115A.919; 115A.929; 115A.93; 115A.96,
subdivision 6
; 115A.961; 116.072; 375.18, subdivision 14; 400.04; 400.06; 400.07;
400.08; 400.16; and 400.161.

    Sec. 9. Minnesota Statutes 2006, section 123B.88, subdivision 19, is amended to read:
    Subd. 19. Disabled person transport to developmental achievement center
day training and habilitation program. The board must contract with any licensed
developmental achievement center day training and habilitation program attended by
a resident disabled person who fulfills the eligibility requirements of section 252.23,
subdivision 1
256B.092, to transport the resident disabled person to the developmental
achievement center program in return for payment by the center program of the cost of the
transportation, if transportation by the board is in the best interest of the disabled person
and is not unreasonably burdensome to the district and if a less expensive, reasonable,
alternative means of transporting the disabled person does not exist. If the board and the
developmental achievement center program are unable to agree to a contract, either the
board or the center program may appeal to the commissioner to resolve the conflict. All
decisions of the commissioner shall be final and binding upon the board and the center
program.

    Sec. 10. Minnesota Statutes 2006, section 124D.59, subdivision 3, is amended to read:
    Subd. 3. Essential instructional personnel. "Essential instructional personnel"
means the following:
(1) a teacher licensed by the state Board of Teaching to teach bilingual education
or English as a second language;
(2) a teacher with an exemption from a teaching license requirement pursuant to
section 124D.62 who is employed in a school district's English as a second language
or bilingual education program;
(3) any teacher as defined in section 122A.15 who holds a valid license from the
state Board of Teaching, if the district assures the department that the teacher will obtain
the preservice and in-service training the department considers necessary to enable the
teacher to provide appropriate service to pupils of limited English proficiency.

    Sec. 11. Minnesota Statutes 2006, section 126C.17, subdivision 9, is amended to read:
    Subd. 9. Referendum revenue. (a) The revenue authorized by section 126C.10,
subdivision 1
, may be increased in the amount approved by the voters of the district
at a referendum called for the purpose. The referendum may be called by the board or
shall be called by the board upon written petition of qualified voters of the district. The
referendum must be conducted one or two calendar years before the increased levy
authority, if approved, first becomes payable. Only one election to approve an increase
may be held in a calendar year. Unless the referendum is conducted by mail under
subdivision 11, paragraph (g) (a), the referendum must be held on the first Tuesday
after the first Monday in November. The ballot must state the maximum amount of the
increased revenue per resident marginal cost pupil unit. The ballot may state a schedule,
determined by the board, of increased revenue per resident marginal cost pupil unit that
differs from year to year over the number of years for which the increased revenue is
authorized or may state that the amount shall increase annually by the rate of inflation.
For this purpose, the rate of inflation shall be the annual inflationary increase calculated
under subdivision 2, paragraph (b). The ballot may state that existing referendum levy
authority is expiring. In this case, the ballot may also compare the proposed levy authority
to the existing expiring levy authority, and express the proposed increase as the amount, if
any, over the expiring referendum levy authority. The ballot must designate the specific
number of years, not to exceed ten, for which the referendum authorization applies. The
ballot, including a ballot on the question to revoke or reduce the increased revenue amount
under paragraph (c), must abbreviate the term "per resident marginal cost pupil unit" as
"per pupil." The notice required under section 275.60 may be modified to read, in cases of
renewing existing levies:
"BY VOTING "YES" ON THIS BALLOT QUESTION, YOU MAY BE VOTING
FOR A PROPERTY TAX INCREASE."
The ballot may contain a textual portion with the information required in this
subdivision and a question stating substantially the following:
"Shall the increase in the revenue proposed by (petition to) the board of .........,
School District No. .., be approved?"
If approved, an amount equal to the approved revenue per resident marginal cost
pupil unit times the resident marginal cost pupil units for the school year beginning in
the year after the levy is certified shall be authorized for certification for the number of
years approved, if applicable, or until revoked or reduced by the voters of the district at a
subsequent referendum.
(b) The board must prepare and deliver by first class mail at least 15 days but no more
than 30 days before the day of the referendum to each taxpayer a notice of the referendum
and the proposed revenue increase. The board need not mail more than one notice to any
taxpayer. For the purpose of giving mailed notice under this subdivision, owners must be
those shown to be owners on the records of the county auditor or, in any county where
tax statements are mailed by the county treasurer, on the records of the county treasurer.
Every property owner whose name does not appear on the records of the county auditor
or the county treasurer is deemed to have waived this mailed notice unless the owner
has requested in writing that the county auditor or county treasurer, as the case may be,
include the name on the records for this purpose. The notice must project the anticipated
amount of tax increase in annual dollars for typical residential homesteads, agricultural
homesteads, apartments, and commercial-industrial property within the school district.
The notice for a referendum may state that an existing referendum levy is expiring
and project the anticipated amount of increase over the existing referendum levy in
the first year, if any, in annual dollars for typical residential homesteads, agricultural
homesteads, apartments, and commercial-industrial property within the district.
The notice must include the following statement: "Passage of this referendum will
result in an increase in your property taxes." However, in cases of renewing existing
levies, the notice may include the following statement: "Passage of this referendum may
result in an increase in your property taxes."
(c) A referendum on the question of revoking or reducing the increased revenue
amount authorized pursuant to paragraph (a) may be called by the board and shall be called
by the board upon the written petition of qualified voters of the district. A referendum to
revoke or reduce the revenue amount must state the amount per resident marginal cost
pupil unit by which the authority is to be reduced. Revenue authority approved by the
voters of the district pursuant to paragraph (a) must be available to the school district at
least once before it is subject to a referendum on its revocation or reduction for subsequent
years. Only one revocation or reduction referendum may be held to revoke or reduce
referendum revenue for any specific year and for years thereafter.
(d) A petition authorized by paragraph (a) or (c) is effective if signed by a number of
qualified voters in excess of 15 percent of the registered voters of the district on the day
the petition is filed with the board. A referendum invoked by petition must be held on the
date specified in paragraph (a).
(e) The approval of 50 percent plus one of those voting on the question is required to
pass a referendum authorized by this subdivision.
(f) At least 15 days before the day of the referendum, the district must submit a
copy of the notice required under paragraph (b) to the commissioner and to the county
auditor of each county in which the district is located. Within 15 days after the results
of the referendum have been certified by the board, or in the case of a recount, the
certification of the results of the recount by the canvassing board, the district must notify
the commissioner of the results of the referendum.

    Sec. 12. Minnesota Statutes 2007 Supplement, section 136A.127, subdivision 8,
is amended to read:
    Subd. 8. Documentation of qualifying household income. Achieve Scholarship
Program applicants must certify on the application that they meet the income eligibility
requirement in subdivision 5 4, clause (2) (3). The Office of Higher Education or the
postsecondary institution may request documentation needed to confirm income eligibility.

    Sec. 13. Minnesota Statutes 2007 Supplement, section 144.121, subdivision 5b,
is amended to read:
    Subd. 5b. Variance of scope of practice. The commissioner may grant a variance
according to Minnesota Rules, parts 4717.7000 to 4717.7050, to a facility for the scope of
practice of an x-ray operator in cases where the delivery of health care would otherwise be
compromised if a variance were not granted. The request for a variance must be in writing,
state the circumstances that constitute hardship, state the period of time the facility wishes
to have the variance for the scope of practice in place, and state the alternative measures
that will be taken if the variance is granted. The commissioner shall set forth in writing
the reasons for granting or denying the variance. Variances granted by the commissioner
must specify in writing the time limitation and required alternative measures to be taken
by the facility. A request for the variance shall be denied if the commissioner finds the
circumstances stated by the facility do not support a claim of hardship, the requested time
period for the variance is unreasonable, the alternative measures proposed by the facility
are not equivalent to the scope of practice, or the request for the variance is not submitted
to the commissioner in a timely manner.

    Sec. 14. Minnesota Statutes 2006, section 144.396, subdivision 9, is amended to read:
    Subd. 9. Evaluation. (a) Using the outcome measures established in subdivision 2,
the commissioner of health shall conduct a biennial evaluation of the statewide and local
tobacco use prevention projects and community health board activities funded under
this section. The evaluation must include:
(1) the effect of these activities on the amount of tobacco use by youth and rates at
which youth start to use tobacco products; and
(2) a longitudinal tracking of outcomes for youth.
Grant recipients and community health boards shall cooperate with the commissioner
in the evaluation and provide the commissioner with the information necessary to conduct
the evaluation. Beginning January 15, 2003, the results of each evaluation must be
submitted to the chairs and members of the house Health and Human Services Finance
Committee and the senate Health and Family Security Budget Division.
(b) A maximum of $150,000 of the annual appropriation described in section
144.395, subdivision 2, paragraph (c), that is appropriated on July 1, 2000, and in every
odd-numbered year thereafter, may be used by the commissioner to establish and maintain
tobacco use monitoring systems and to conduct the evaluations. This appropriation is in
addition to the appropriation in section 144.395, subdivision 2, paragraph (d).

    Sec. 15. Minnesota Statutes 2006, section 144.581, subdivision 1, is amended to read:
    Subdivision 1. Nonprofit corporation powers. A municipality, political
subdivision, state agency, or other governmental entity that owns or operates a hospital
authorized, organized, or operated under chapters 158, 250, 376, and 397, or under sections
246A.01 to 246A.27, 412.221, 447.05 to 447.13, 447.31, or 471.59, or under any special
law authorizing or establishing a hospital or hospital district shall, relative to the delivery
of health care services, have, in addition to any authority vested by law, the authority and
legal capacity of a nonprofit corporation under chapter 317A, including authority to
(a) enter shared service and other cooperative ventures,
(b) join or sponsor membership in organizations intended to benefit the hospital or
hospitals in general,
(c) enter partnerships,
(d) incorporate other corporations,
(e) have members of its governing authority or its officers or administrators serve as
directors, officers, or employees of the ventures, associations, or corporations,
(f) own shares of stock in business corporations,
(g) offer, directly or indirectly, products and services of the hospital, organization,
association, partnership, or corporation to the general public, and
(h) expend funds, including public funds in any form, or devote the resources of the
hospital or hospital district to recruit or retain physicians whose services are necessary
or desirable for meeting the health care needs of the population, and for successful
performance of the hospital or hospital district's public purpose of the promotion of health.
Allowable uses of funds and resources include the retirement of medical education debt,
payment of one-time amounts in consideration of services rendered or to be rendered,
payment of recruitment expenses, payment of moving expenses, and the provision of other
financial assistance necessary for the recruitment and retention of physicians, provided
that the expenditures in whatever form are reasonable under the facts and circumstances of
the situation.

    Sec. 16. Minnesota Statutes 2006, section 144A.461, is amended to read:
144A.461 REGISTRATION.
A person or organization that provides only home management services defined as
home care services under section 144A.43, subdivision 3, clause (8), may not operate
in the state without a current certificate of registration issued by the commissioner of
health. To obtain a certificate of registration, the person or organization must annually
submit to the commissioner the name, address, and telephone number of the person or
organization and a signed statement declaring that the person or organization is aware that
the Home Care Bill of Rights applies to their clients and that the person or organization
will comply with the bill of rights provisions contained in section 144A.44. A person
who provides home management services under this section must, within 120 days after
beginning to provide services, attend an orientation session approved by the commissioner
that provides training on the bill of rights and an orientation on the aging process and
the needs and concerns of elderly and disabled persons. An organization applying for a
certificate must also provide the name, business address, and telephone number of each
of the individuals responsible for the management or direction of the organization. The
commissioner shall charge an annual registration fee of $20 for individuals and $50 for
organizations. A home care provider that provides home management services and other
home care services must be licensed, but licensure requirements other than the home
care bill of rights do not apply to those employees or volunteers who provide only home
management services to clients who do not receive any other home care services from the
provider. A licensed home care provider need not be registered as a home management
service provider, but must provide an orientation on the home care bill of rights to its
employees or volunteers who provide home management services. The commissioner
may suspend or revoke a provider's certificate of registration or assess fines for violation
of the home care bill of rights. Any fine assessed for a violation of the bill of rights by a
provider registered under this section shall be in the amount established in the licensure
rules for home care providers. As a condition of registration, a provider must cooperate
fully with any investigation conducted by the commissioner, including providing specific
information requested by the commissioner on clients served and the employees and
volunteers who provide services. The commissioner may use any of the powers granted in
sections 144A.43 to 144A.49 144A.47 to administer the registration system and enforce
the home care bill of rights under this section.

    Sec. 17. Minnesota Statutes 2006, section 145B.02, subdivision 5, is amended to read:
    Subd. 5. Health care facility. "Health care facility" means a hospital or other entity
licensed under sections 144.50 to 144.58; a nursing home licensed to serve adults under
section 144A.02; or a home care provider licensed under sections 144A.43 to 144A.49
144A.47
.

    Sec. 18. Minnesota Statutes 2007 Supplement, section 148.67, subdivision 1, is
amended to read:
    Subdivision 1. Board of Physical Therapy appointed. The governor shall appoint
a state Board of Physical Therapy to administer sections 148.65 to 148.78, regarding the
qualifications and examination of physical therapists and physical therapist assistants. The
board shall consist of nine 11 members, citizens and residents of the state of Minnesota,
composed of five physical therapists, one licensed and registered doctor of medicine, two
physical therapist assistants, and three public members. The physical therapist members
and the physical therapist assistant members must be licensed in this state and have at
least five years' experience in physical therapy practice, physical therapy administration,
or physical therapy education. The five years' experience must immediately precede
appointment. Membership terms, compensation of members, removal of members,
filling of membership vacancies, and fiscal year and reporting requirements shall be as
provided in sections 214.07 to 214.09. The provision of staff, administrative services, and
office space; the review and processing of complaints; the setting of board fees; and
other provisions relating to board operations shall be as provided in chapter 214. Each
member of the board shall file with the secretary of state the constitutional oath of office
before beginning the term of office.

    Sec. 19. Minnesota Statutes 2006, section 148.736, subdivision 2, is amended to read:
    Subd. 2. Fees nonrefundable. A physical therapist or physical therapist assistant
who receives board approval for credential cancellation is not entitled to a refund of any
fees paid for the credentialing year in which cancellation of the credential occurred.

    Sec. 20. Minnesota Statutes 2006, section 148.736, subdivision 3, is amended to read:
    Subd. 3. New credential after cancellation. If a physical therapist or physical
therapist assistant who has been granted board approval for credential cancellation
desires to resume the practice of physical therapy in Minnesota, that physical therapist
or physical therapist assistant must obtain a new credential by applying to the board and
fulfilling the requirements then in existence for obtaining an initial credential to practice
physical therapy in Minnesota.

    Sec. 21. Minnesota Statutes 2006, section 169.01, subdivision 4b, is amended to read:
    Subd. 4b. Electric-assisted bicycle. "Electric-assisted bicycle" means a motor
vehicle with two or three wheels that:
(1) has a saddle and fully operable pedals for human propulsion;
(2) meets the requirements of federal motor vehicle safety standards in Code of
Federal Regulations, title 49, sections 571.01 571.1 et seq.; and
(3) has an electric motor that (i) has a power output of not more than 1,000 watts, (ii)
is incapable of propelling the vehicle at a speed of more than 20 miles per hour, (iii) is
incapable of further increasing the speed of the device when human power alone is used
to propel the vehicle at a speed of more than 20 miles per hour, and (iv) disengages or
ceases to function when the vehicle's brakes are applied.

    Sec. 22. Minnesota Statutes 2006, section 169.421, subdivision 5, is amended to read:
    Subd. 5. Procedures. A civil action may be commenced as is any civil action
or by the issuance of a citation to the owner of the vehicle by any law enforcement
officer who has reason to believe that a violation has occurred. Actions commenced by
the issuance of a citation by a law enforcement officer shall be tried by the prosecuting
authority responsible for misdemeanor prosecutions in the jurisdiction where a violation
occurs. Any damages recovered in an action brought by a public agency shall be deposited
in the treasury of the jurisdiction trying the action and distributed as provided in section
487.33 484.90. Any district court may establish a separate civil calendar for cases brought
under this section.

    Sec. 23. Minnesota Statutes 2006, section 169.448, subdivision 1, is amended to read:
    Subdivision 1. Restrictions on appearance; misdemeanor. (a) A bus that is not
used as a school bus may not be operated on a street or highway unless it is painted a color
significantly different than national school bus glossy yellow.
(b) A bus that is not used as a school bus or Head Start bus may not be operated if it
is equipped with school bus or Head Start bus-related equipment and printing.
(c) A violation of this subdivision is a misdemeanor.
(d) This subdivision does not apply to a school bus owned by or under contract to a
school district operated as a charter or leased bus.
(e) This subdivision does not apply to a school bus operated by a licensed child
care provider if:
(1) the stop arm is removed;
(2) the eight-light system is deactivated;
(3) the school bus is identified as a "child care bus" in letters at least eight inches
high on the front and rear top of the bus;
(4) the name, address, and telephone number of the owner or operator of the bus is
identified on each front door of the bus in letters not less than three inches high; and
(5) the conditions under section 171.02, subdivision 2a, paragraph (b), clauses (1)
through (10), (12), and (14) paragraphs (a) through (j), (l), and (n), have been met.

    Sec. 24. Minnesota Statutes 2006, section 171.12, subdivision 2a, is amended to read:
    Subd. 2a. Alcohol concentration on driving record. When a person's driver's
license or permit to drive is revoked or suspended pursuant to section 169A.52, or when a
person is convicted for violating section 169A.20, 169A.31, 169A.33, 360.0752, or 609.21,
and a test of the person's breath, urine, or blood has been made to determine the person's
alcohol concentration, the commissioner of public safety shall record the test results on the
person's driving record pertaining to that violation. The alcohol concentration is classified
as public data on individuals, as defined in section 13.02, subdivision 15, and must be kept
for the period of time specified in subdivision 3, clause (2) (3).

    Sec. 25. Minnesota Statutes 2006, section 174.03, subdivision 8, is amended to read:
    Subd. 8. Salaries and expenses. Salaries and expenses of the department relating
to highway purposes shall be paid from moneys available in the trunk highway fund.
The funds provided in sections 360.011 to 360.076 and 360.301 360.305 to 360.91 shall
be expended by the commissioner of transportation in accordance with the purposes
prescribed by those sections. Funds appropriated pursuant to the authority conferred by
any constitutional article shall be expended in conformity with the purposes and uses
authorized thereby.

    Sec. 26. Minnesota Statutes 2006, section 175.35, is amended to read:
175.35 ENFORCEMENT.
It shall be the duty of the Department of Labor and Industry to enforce the provisions
of sections section 175.33 and 175.34 and it may call upon the state commissioner of
health and boards of health as defined in section 145A.02, subdivision 2, for assistance.

    Sec. 27. Minnesota Statutes 2007 Supplement, section 183.57, subdivision 2, is
amended to read:
    Subd. 2. Exemption. Every boiler or pressure vessel as to which any insurance
company authorized to do business in this state has issued a policy of insurance, after the
inspection thereof, is exempt from inspection by the department made under sections
183.375 183.38 to 183.62, while the same continues to be insured and provided it
continues to be inspected in accordance with the inspection schedule set forth in sections
183.42 and 183.45, and the person owning or operating the same has an unexpired
certificate of registration.

    Sec. 28. Minnesota Statutes 2007 Supplement, section 183.59, is amended to read:
183.59 VIOLATIONS BY INSPECTORS.
    Every inspector who willfully certifies falsely regarding any boiler or its attachments,
or pressure vessel, or the hull and equipments of any steam vessel, or who grants a license
to any individual to act as engineer or master contrary to any provision of sections 183.375
183.38
to 183.62, is guilty of a misdemeanor. In addition to this punishment the inspector
shall be removed from office forthwith.

    Sec. 29. Minnesota Statutes 2007 Supplement, section 216B.1637, is amended to read:
216B.1637 RECOVERY OF CERTAIN LIMITED UTILITY GREENHOUSE
GAS INFRASTRUCTURE COSTS.
    A public utility that owns a nuclear power plant and a public utility furnishing gas
service may file for recovery of investments and expenses associated with the replacement
of cast iron natural gas distribution and service lines owned by the utility and to replace
breakers that contain sodium sulfur hexafluoride in order to reduce the risk of greenhouse
gases being released into the atmosphere. Upon a finding that the projects are consistent
with the public interest and do not impose excessive costs on customers, the commission
shall provide timely recovery of the utility's investment and expenses on any approved
projects through a rate adjustment mechanism similar to that provided for transmission
projects under section 216B.16, subdivision 7b, paragraphs (b) to (d).

    Sec. 30. Minnesota Statutes 2006, section 237.411, subdivision 5, is amended to read:
    Subd. 5. Enforcement. (a) The powers and duties granted to the commission by
section 237.081 apply to violations or suspected violations of this section. A person
aggrieved by a violation of this section may file a complaint as provided in section
237.081, which shall be treated as any other complaint filed under that section. The
commissioner of commerce may investigate violations or alleged violations of this section.
(b) Sections Section 237.461 and 237.462 apply applies to violations of this section.

    Sec. 31. Minnesota Statutes 2006, section 244.08, is amended to read:
244.08 COMMISSIONER OF CORRECTIONS.
    Subdivision 1. Authority; duties; powers. Effective May 1, 1980, the
commissioner of corrections shall have only those powers and duties in sections 244.01
to 244.11, 609.10, 609.145, subdivision 1, and 609.165, subdivision 2, and 609.109,
subdivision 1
, with relation to persons sentenced for crimes committed on or after May
1, 1980.
The commissioner of corrections shall retain all powers and duties presently vested
in and imposed upon the commissioner with relation to persons sentenced for crimes
committed on or before April 30, 1980.
The commissioner of corrections shall take into consideration, but not be bound
by, the sentence terms embodied in the Sentencing Guidelines promulgated by the
Minnesota Sentencing Guidelines Commission and the penal philosophy embodied in
sections 244.01 to 244.11, 609.10, 609.145, subdivision 1, and 609.165, subdivision 2,
and 609.109, subdivision 1, in its deliberations relative to parole, probation, release, or
other disposition of inmates who commit the crimes giving rise to their sentences on
or before April 30, 1980.
    Subd. 2. No limitation intent. Nothing in sections 244.01 to 244.11, 609.10,
609.145, subdivision 1, and 609.165, subdivision 2, and 609.109, subdivision 1, shall be
deemed to limit the powers and duties otherwise provided by law to the commissioner of
corrections with regard to the management of correctional institutions or the disposition of
inmates unless those powers and duties are inconsistent with the provisions of sections
244.01 to 244.11, 609.10, 609.145, subdivision 1, and 609.165, subdivision 2, and
609.109, subdivision 1, in which case those powers and duties shall be superseded by
sections 244.01 to 244.11, 609.10, 609.145, subdivision 1, and 609.165, subdivision 2,
and 609.109, subdivision 1.

    Sec. 32. Minnesota Statutes 2007 Supplement, section 256.01, subdivision 23, is
amended to read:
    Subd. 23. Administrative simplification; county cost study. (a) The commissioner
shall establish and convene the first meeting of an advisory committee to identify ways
to simplify and streamline human services laws and administrative requirements. The
advisory committee shall select its chair from its membership at the first meeting.
    (b) The committee shall consist of three senators appointed by the senate
Subcommittee on Committees of the Committee on Rules and Administration, three
state representatives appointed by the speaker of the house of representatives, and
nine department staff and county representatives appointed by the commissioner. The
appointments required under this paragraph must be completed by September 1, 2007.
    (c) The committee shall discuss methods of reducing inconsistency between
programs and complexity within programs in order to improve administrative efficiency
and reduce the risk of recipient noncompliance. Topics for discussion may include child
support enforcement, adoption services, child care licensing, child care assistance, and
other programs. The state senators and state representatives on the advisory committee,
in consultation with the advisory committee, shall report annually to the chairs of the
legislative committees and divisions with jurisdiction over the Department of Human
Services, beginning January 15, 2008, with recommendations developed by the advisory
group.
    (d) The commissioner, in consultation with the advisory committee, shall study
and report to the legislature by January 15, 2009, on the transfer of any responsibilities
between the department and counties that would result in more efficient and effective
administration of human services programs.
    (e) This section subdivision expires on June 30, 2012.

    Sec. 33. Minnesota Statutes 2007 Supplement, section 256.476, subdivision 4, is
amended to read:
    Subd. 4. Support grants; criteria and limitations. (a) A county board may
choose to participate in the consumer support grant program. If a county has not chosen
to participate by July 1, 2002, the commissioner shall contract with another county or
other entity to provide access to residents of the nonparticipating county who choose
the consumer support grant option. The commissioner shall notify the county board
in a county that has declined to participate of the commissioner's intent to enter into
a contract with another county or other entity at least 30 days in advance of entering
into the contract. The local agency shall establish written procedures and criteria to
determine the amount and use of support grants. These procedures must include, at least,
the availability of respite care, assistance with daily living, and adaptive aids. The local
agency may establish monthly or annual maximum amounts for grants and procedures
where exceptional resources may be required to meet the health and safety needs of the
person on a time-limited basis, however, the total amount awarded to each individual may
not exceed the limits established in subdivision 11.
    (b) Support grants to a person, a person's legal representative, or other authorized
representative will be provided through a monthly subsidy payment and be in the form
of cash, voucher, or direct county payment to vendor. Support grant amounts must be
determined by the local agency. Each service and item purchased with a support grant
must meet all of the following criteria:
    (1) it must be over and above the normal cost of caring for the person if the person
did not have functional limitations;
    (2) it must be directly attributable to the person's functional limitations;
    (3) it must enable the person, a person's legal representative, or other authorized
representative to delay or prevent out-of-home placement of the person; and
    (4) it must be consistent with the needs identified in the service agreement, when
applicable.
    (c) Items and services purchased with support grants must be those for which there
are no other public or private funds available to the person, a person's legal representative,
or other authorized representative. Fees assessed to the person or the person's family for
health and human services are not reimbursable through the grant.
    (d) In approving or denying applications, the local agency shall consider the
following factors:
    (1) the extent and areas of the person's functional limitations;
    (2) the degree of need in the home environment for additional support; and
    (3) the potential effectiveness of the grant to maintain and support the person in the
family environment or the person's own home.
    (e) At the time of application to the program or screening for other services, the
person, a person's legal representative, or other authorized representative shall be provided
sufficient information to ensure an informed choice of alternatives by the person, the
person's legal representative, or other authorized representative, if any. The application
shall be made to the local agency and shall specify the needs of the person and family,
the form and amount of grant requested, the items and services to be reimbursed, and
evidence of eligibility for medical assistance.
    (f) Upon approval of an application by the local agency and agreement on a support
plan for the person or person's family, the local agency shall make grants to the person or
the person's family. The grant shall be in an amount for the direct costs of the services or
supports outlined in the service agreement.
    (g) Reimbursable costs shall not include costs for resources already available, such as
special education classes, day training and habilitation, case management, other services to
which the person is entitled, medical costs covered by insurance or other health programs,
or other resources usually available at no cost to the person or the person's family.
    (h) The state of Minnesota, the county boards participating in the consumer
support grant program, or the agencies acting on behalf of the county boards in the
implementation and administration of the consumer support grant program shall not be
liable for damages, injuries, or liabilities sustained through the purchase of support by
the individual, the individual's family, or the authorized representative under this section
with funds received through the consumer support grant program. Liabilities include but
are not limited to: workers' compensation liability, the Federal Insurance Contributions
Act (FICA), or the Federal Unemployment Tax Act (FUTA). For purposes of this section,
participating county boards and agencies acting on behalf of county boards are exempt
from the provisions of section 268.04 268.035.

    Sec. 34. Minnesota Statutes 2006, section 256.98, subdivision 7, is amended to read:
    Subd. 7. Division of recovered amounts. Except for recoveries under chapter
119B, if the state is responsible for the recovery, the amounts recovered shall be paid to
the appropriate units of government as provided under section 256.863. If the recovery is
directly attributable to a county, the county may retain one-half of the nonfederal share
of any recovery from a recipient or the recipient's estate.
This subdivision does not apply to recoveries from medical providers or to recoveries
involving the department of human services, surveillance and utilization review division,
state hospital collections unit, and the benefit recoveries division.

    Sec. 35. Minnesota Statutes 2006, section 256B.04, subdivision 16, is amended to read:
    Subd. 16. Personal care services. (a) Notwithstanding any contrary language in
this paragraph, the commissioner of human services and the commissioner of health shall
jointly promulgate rules to be applied to the licensure of personal care services provided
under the medical assistance program. The rules shall consider standards for personal care
services that are based on the World Institute on Disability's recommendations regarding
personal care services. These rules shall at a minimum consider the standards and
requirements adopted by the commissioner of health under section 144A.45, which the
commissioner of human services determines are applicable to the provision of personal
care services, in addition to other standards or modifications which the commissioner of
human services determines are appropriate.
The commissioner of human services shall establish an advisory group including
personal care consumers and providers to provide advice regarding which standards or
modifications should be adopted. The advisory group membership must include not less
than 15 members, of which at least 60 percent must be consumers of personal care services
and representatives of recipients with various disabilities and diagnoses and ages. At least
51 percent of the members of the advisory group must be recipients of personal care.
The commissioner of human services may contract with the commissioner of health
to enforce the jointly promulgated licensure rules for personal care service providers.
Prior to final promulgation of the joint rule the commissioner of human services
shall report preliminary findings along with any comments of the advisory group and a
plan for monitoring and enforcement by the Department of Health to the legislature by
February 15, 1992.
Limits on the extent of personal care services that may be provided to an individual
must be based on the cost-effectiveness of the services in relation to the costs of inpatient
hospital care, nursing home care, and other available types of care. The rules must
provide, at a minimum:
(1) that agencies be selected to contract with or employ and train staff to provide and
supervise the provision of personal care services;
(2) that agencies employ or contract with a qualified applicant that a qualified
recipient proposes to the agency as the recipient's choice of assistant;
(3) that agencies bill the medical assistance program for a personal care service
by a personal care assistant and supervision by a qualified professional supervising the
personal care assistant unless the recipient selects the fiscal agent option under section
256B.0627, subdivision 10 256B.0655, subdivision 7;
(4) that agencies establish a grievance mechanism; and
(5) that agencies have a quality assurance program.
(b) The commissioner may waive the requirement for the provision of personal care
services through an agency in a particular county, when there are less than two agencies
providing services in that county and shall waive the requirement for personal care
assistants required to join an agency for the first time during 1993 when personal care
services are provided under a relative hardship waiver under Minnesota Statutes 1992,
section 256B.0627, subdivision 4, paragraph (b), clause (7), and at least two agencies
providing personal care services have refused to employ or contract with the independent
personal care assistant.

    Sec. 36. Minnesota Statutes 2007 Supplement, section 256B.0915, subdivision 3a,
is amended to read:
    Subd. 3a. Elderly waiver cost limits. (a) The monthly limit for the cost of waivered
services to an individual elderly waiver client shall be the weighted average monthly
nursing facility rate of the case mix resident class to which the elderly waiver client would
be assigned under Minnesota Rules, parts 9549.0050 to 9549.0059, less the recipient's
maintenance needs allowance as described in subdivision 1d, paragraph (a), until the first
day of the state fiscal year in which the resident assessment system as described in section
256B.437 256B.438 for nursing home rate determination is implemented. Effective on the
first day of the state fiscal year in which the resident assessment system as described in
section 256B.437 256B.438 for nursing home rate determination is implemented and the
first day of each subsequent state fiscal year, the monthly limit for the cost of waivered
services to an individual elderly waiver client shall be the rate of the case mix resident class
to which the waiver client would be assigned under Minnesota Rules, parts 9549.0050 to
9549.0059, in effect on the last day of the previous state fiscal year, adjusted by the greater
of any legislatively adopted home and community-based services percentage rate increase
or the average statewide percentage increase in nursing facility payment rates.
    (b) If extended medical supplies and equipment or environmental modifications are
or will be purchased for an elderly waiver client, the costs may be prorated for up to
12 consecutive months beginning with the month of purchase. If the monthly cost of a
recipient's waivered services exceeds the monthly limit established in paragraph (a), the
annual cost of all waivered services shall be determined. In this event, the annual cost of
all waivered services shall not exceed 12 times the monthly limit of waivered services as
described in paragraph (a).

    Sec. 37. Minnesota Statutes 2007 Supplement, section 256B.0915, subdivision 3e,
is amended to read:
    Subd. 3e. Customized living service rate. (a) Payment for customized living
services shall be a monthly rate negotiated and authorized by the lead agency within the
parameters established by the commissioner. The payment agreement must delineate the
services that have been customized for each recipient and specify the amount of each
service to be provided. The lead agency shall ensure that there is a documented need for
all services authorized. Customized living services must not include rent or raw food
costs. The negotiated payment rate must be based on services to be provided. Negotiated
rates must not exceed payment rates for comparable elderly waiver or medical assistance
services and must reflect economies of scale.
    (b) The individualized monthly negotiated payment for customized living services
shall not exceed the nonfederal share, in effect on July 1 of the state fiscal year for which
the rate limit is being calculated, of the greater of either the statewide or any of the
geographic groups' weighted average monthly nursing facility rate of the case mix resident
class to which the elderly waiver eligible client would be assigned under Minnesota
Rules, parts 9549.0050 to 9549.0059, less the maintenance needs allowance as described
in subdivision 1d, paragraph (a), until the July 1 of the state fiscal year in which the
resident assessment system as described in section 256B.437 256B.438 for nursing home
rate determination is implemented. Effective on July 1 of the state fiscal year in which
the resident assessment system as described in section 256B.437 256B.438 for nursing
home rate determination is implemented and July 1 of each subsequent state fiscal year,
the individualized monthly negotiated payment for the services described in this clause
shall not exceed the limit described in this clause which was in effect on June 30 of the
previous state fiscal year and which has been adjusted by the greater of any legislatively
adopted home and community-based services cost-of-living percentage increase or any
legislatively adopted statewide percent rate increase for nursing facilities.
    (c) Customized living services are delivered by a provider licensed by the
Department of Health as a class A or class F home care provider and provided in a
building that is registered as a housing with services establishment under chapter 144D.

    Sec. 38. Minnesota Statutes 2006, section 256B.35, subdivision 1, is amended to read:
    Subdivision 1. Personal needs allowance. (a) Notwithstanding any law to the
contrary, welfare allowances for clothing and personal needs for individuals receiving
medical assistance while residing in any skilled nursing home, intermediate care facility,
or medical institution including recipients of supplemental security income, in this state
shall not be less than $45 per month from all sources. When benefit amounts for Social
Security or supplemental security income recipients are increased pursuant to United
States Code, title 42, sections 415(i) and 1382f, the commissioner shall, effective in the
month in which the increase takes effect, increase by the same percentage to the nearest
whole dollar the clothing and personal needs allowance for individuals receiving medical
assistance while residing in any skilled nursing home, medical institution, or intermediate
care facility. The commissioner shall provide timely notice to local agencies, providers,
and recipients of increases under this provision.
(b) The personal needs allowance may be paid as part of the Minnesota supplemental
aid program, notwithstanding the provisions of section 256D.37, subdivision 2, and
payments to recipients of Minnesota supplemental aid may be made once each three
months covering liabilities that accrued during the preceding three months.
(c) The personal needs allowance shall be increased to include income garnished
for child support under a court order, up to a maximum of $250 per month but only to
the extent that the amount garnished is not deducted as a monthly allowance for children
under section 256B.0575, paragraph (a), clause (5).

    Sec. 39. Minnesota Statutes 2007 Supplement, section 256B.49, subdivision 16a,
is amended to read:
    Subd. 16a. Medical assistance reimbursement. (a) The commissioner shall
seek federal approval for medical assistance reimbursement of independent living skills
services, foster care waiver service, supported employment, prevocational service,
structured day service, and adult day care under the home and community-based waiver
for persons with a traumatic brain injury, the community alternatives for disabled
individuals waivers, and the community alternative care waivers.
    (b) Medical reimbursement shall be made only when the provider demonstrates
evidence of its capacity to meet basic health, safety, and protection standards through
one of the methods in paragraphs (c) to (e).
    (c) The provider is licensed to provide services under chapter 245B and agrees
to apply these standards to services funded through the traumatic brain injury,
community alternatives for disabled persons, or community alternative care home and
community-based waivers.
    (d) The local agency contracting for the services certifies on a form provided by the
commissioner that the provider has the capacity to meet the individual needs as identified
in each person's individual service plan. When certifying that the service provider meets
the necessary provider qualifications, the local agency shall verify that the provider has
policies and procedures governing the following:
    (1) protection of the consumer's rights and privacy;
    (2) risk assessment and planning;
    (3) record keeping and reporting of incidents and emergencies with documentation
of corrective action if needed;
    (4) service outcomes, regular reviews of progress, and periodic reports;
    (5) complaint and grievance procedures;
    (6) service termination or suspension;
    (7) necessary training and supervision of direct care staff that includes:
    (i) documentation in personnel files of 20 hours of orientation training in providing
training related to service provision;
    (ii) training in recognizing the symptoms and effects of certain disabilities, health
conditions, and positive behavioral supports and interventions;
    (iii) a minimum of five hours of related training annually; and
    (iv) when applicable:
    (A) safe medication administration;
    (B) proper handling of consumer funds; and
    (C) compliance with prohibitions and standards developed by the commissioner to
satisfy federal requirements regarding the use of restraints and restrictive interventions.
The local agency shall review at least annually each service provider's continued
compliance with the standards governing basic health, safety, and protection of rights.
    (e) The commissioner shall seek federal approval for Medicaid reimbursement
of foster care services under the home and community-based waiver for persons with
a traumatic brain injury, the community alternatives for disabled individuals waiver,
and community alternative care waiver when the provider demonstrates evidence of its
capacity to meet basic health, safety, and protection standards. The local agency shall
verify that the provider is licensed under Minnesota Rules, parts 9555.5105 to 9555.6265,
and certify that the provider has policies and procedures that govern:
    (1) compliance with prohibitions and standards developed by the commissioner to
meet federal requirements regarding the use of restraints and restrictive interventions; and
    (2) documentation of service needs and outcomes, regular reviews of progress,
and periodic reports.
The local agency shall review at least annually each service provider's continued
compliance with the standards governing basic health, safety, and protection of rights
standards.

    Sec. 40. Minnesota Statutes 2006, section 256J.30, subdivision 9, is amended to read:
    Subd. 9. Changes that must be reported. A caregiver must report the changes or
anticipated changes specified in clauses (1) to (16) within ten days of the date they occur,
at the time of the periodic recertification of eligibility under section 256J.32, subdivision
6
, or within eight calendar days of a reporting period as in subdivision 5 or 6, whichever
occurs first. A caregiver must report other changes at the time of the periodic recertification
of eligibility under section 256J.32, subdivision 6, or at the end of a reporting period under
subdivision 5 or 6, as applicable. A caregiver must make these reports in writing to the
county agency. When a county agency could have reduced or terminated assistance for
one or more payment months if a delay in reporting a change specified under clauses (1)
to (15) had not occurred, the county agency must determine whether a timely notice
under section 256J.31, subdivision 4, could have been issued on the day that the change
occurred. When a timely notice could have been issued, each month's overpayment
subsequent to that notice must be considered a client error overpayment under section
256J.38. Calculation of overpayments for late reporting under clause (16) is specified in
section 256J.09, subdivision 9. Changes in circumstances which must be reported within
ten days must also be reported on the MFIP household report form for the reporting period
in which those changes occurred. Within ten days, a caregiver must report:
(1) a change in initial employment;
(2) a change in initial receipt of unearned income;
(3) a recurring change in unearned income;
(4) a nonrecurring change of unearned income that exceeds $30;
(5) the receipt of a lump sum;
(6) an increase in assets that may cause the assistance unit to exceed asset limits;
(7) a change in the physical or mental status of an incapacitated member of the
assistance unit if the physical or mental status is the basis of exemption from an MFIP
employment services program under section 256J.56, or as the basis for reducing the
hourly participation requirements under section 256J.55, subdivision 1, or the type of
activities included in an employment plan under section 256J.521, subdivision 2;
(8) a change in employment status;
(9) information affecting an exception under section 256J.24, subdivision 9;
(10) the marriage or divorce of an assistance unit member;
(11) the death of a parent, minor child, or financially responsible person;
(12) a change in address or living quarters of the assistance unit;
(13) the sale, purchase, or other transfer of property;
(14) a change in school attendance of a caregiver under age 20 or an employed child;
(15) filing a lawsuit, a workers' compensation claim, or a monetary claim against a
third party; and
(16) a change in household composition, including births, returns to and departures
from the home of assistance unit members and financially responsible persons, or a change
in the custody of a minor child.

    Sec. 41. Minnesota Statutes 2006, section 256J.32, subdivision 4, is amended to read:
    Subd. 4. Factors to be verified. The county agency shall verify the following
at application:
(1) identity of adults;
(2) presence of the minor child in the home, if questionable;
(3) relationship of a minor child to caregivers in the assistance unit;
(4) age, if necessary to determine MFIP eligibility;
(5) immigration status;
(6) Social Security number according to the requirements of section 256J.30,
subdivision 12
;
(7) income;
(8) self-employment expenses used as a deduction;
(9) source and purpose of deposits and withdrawals from business accounts;
(10) spousal support and child support payments made to persons outside the
household;
(11) real property;
(12) vehicles;
(13) checking and savings accounts;
(14) savings certificates, savings bonds, stocks, and individual retirement accounts;
(15) pregnancy, if related to eligibility;
(16) inconsistent information, if related to eligibility;
(17) burial accounts;
(18) school attendance, if related to eligibility;
(19) residence;
(20) a claim of family violence if used as a basis to qualify for the family violence
waiver;
(21) disability if used as the basis for an exemption from employment and training
services requirements under section 256J.56 or as the basis for reducing the hourly
participation requirements under section 256J.55, subdivision 1, or the type of activity
included in an employment plan under section 256J.521, subdivision 2; and
(22) information needed to establish an exception under section 256J.24, subdivision
9
.

    Sec. 42. Minnesota Statutes 2006, section 256J.42, subdivision 5, is amended to read:
    Subd. 5. Exemption for certain families. (a) Any cash assistance received by an
assistance unit does not count toward the 60-month limit on assistance during a month in
which the caregiver is age 60 or older, including months during which the caregiver was
exempt under section 256J.56, paragraph (a), clause (1).
(b) From July 1, 1997, until the date MFIP is operative in the caregiver's county of
financial responsibility, any cash assistance received by a caregiver who is complying with
Minnesota Statutes 1996, section 256.73, subdivision 5a, and Minnesota Statutes 1998,
section 256.736, if applicable, does not count toward the 60-month limit on assistance.
Thereafter, any cash assistance received by a minor caregiver who is complying with
the requirements of sections 256J.14 and 256J.54, if applicable, does not count towards
the 60-month limit on assistance.
(c) Any diversionary assistance or emergency assistance received prior to July 1,
2003, does not count toward the 60-month limit.
(d) Any cash assistance received by an 18- or 19-year-old caregiver who is
complying with an employment plan that includes an education option under section
256J.54 does not count toward the 60-month limit.
(e) Payments provided to meet short-term emergency needs under section 256J.626
and diversionary work program benefits provided under section 256J.95 do not count
toward the 60-month time limit.

    Sec. 43. Minnesota Statutes 2006, section 256J.42, subdivision 6, is amended to read:
    Subd. 6. Case review. (a) Within 180 days, but not less than 60 days, before the end
of the participant's 60th month on assistance, the county agency or job counselor must
review the participant's case to determine if the employment plan is still appropriate or if
the participant is exempt under section 256J.56 from the employment and training services
component, and attempt to meet with the participant face-to-face.
(b) During the face-to-face meeting, a county agency or the job counselor must:
(1) inform the participant how many months of counted assistance the participant
has accrued and when the participant is expected to reach the 60th month;
(2) explain the hardship extension criteria under section 256J.425 and what the
participant should do if the participant thinks a hardship extension applies;
(3) identify other resources that may be available to the participant to meet the
needs of the family; and
(4) inform the participant of the right to appeal the case closure under section
256J.40.
(c) If a face-to-face meeting is not possible, the county agency must send the
participant a notice of adverse action as provided in section 256J.31, subdivisions 4 and 5.
(d) Before a participant's case is closed under this section, the county must ensure
that:
(1) the case has been reviewed by the job counselor's supervisor or the review team
designated by the county to determine if the criteria for a hardship extension, if requested,
were applied appropriately; and
(2) the county agency or the job counselor attempted to meet with the participant
face-to-face.

    Sec. 44. Minnesota Statutes 2006, section 256J.425, subdivision 5, is amended to read:
    Subd. 5. Accrual of certain exempt months. (a) Participants who meet the criteria
in clause (1), (2), or (3) and who are not eligible for assistance under a hardship extension
under subdivision 2, paragraph (a), clause (3), shall be eligible for a hardship extension
for a period of time equal to the number of months that were counted toward the federal
60-month time limit while the participant was:
(1) a caregiver with a child or an adult in the household who meets the disability or
medical criteria for home care services under section 256B.0651, subdivision 1, paragraph
(c), or a home and community-based waiver services program under chapter 256B, or
meets the criteria for severe emotional disturbance under section 245.4871, subdivision
6
, or for serious and persistent mental illness under section 245.462, subdivision 20,
paragraph (c), who was subject to the requirements in section 256J.561, subdivision 2;.
(2) exempt under section 256J.56, paragraph (a), clause (7); or
(3) exempt under section 256J.56, paragraph (a), clause (3), and demonstrates at the
time of the case review required under section 256J.42, subdivision 6, that the participant
met the exemption criteria under section 256J.56, paragraph (a), clause (7), during one
or more months the participant was exempt under section 256J.56, paragraph (a), clause
(3). Only months during which the participant met the criteria under section 256J.56,
paragraph (a)
, clause (7), shall be considered.
(b) A participant who received TANF assistance that counted towards the federal
60-month time limit while the participant met the state time limit exemption criteria under
section 256J.42, subdivision 4 or 5, is eligible for assistance under a hardship extension
for a period of time equal to the number of months that were counted toward the federal
60-month time limit while the participant met the state time limit exemption criteria
under section 256J.42, subdivision 4 or 5.
(c) After the accrued months have been exhausted, the county agency must
determine if the assistance unit is eligible for an extension under another extension
category in section 256J.425, subdivision 2, 3, or 4.
(d) At the time of the case review, a county agency must explain to the participant
the basis for receiving a hardship extension based on the accrual of exempt months.
The participant must provide documentation necessary to enable the county agency to
determine whether the participant is eligible to receive a hardship extension based on the
accrual of exempt months or authorize a county agency to verify the information.
(e) While receiving extended MFIP assistance under this subdivision, a participant is
subject to the MFIP policies that apply to participants during the first 60 months of MFIP,
unless the participant is a member of a two-parent family in which one parent is extended
under subdivision 3 or 4. For two-parent families in which one parent is extended under
subdivision 3 or 4, the sanction provisions in subdivision 6 shall apply.

    Sec. 45. Minnesota Statutes 2006, section 256J.425, subdivision 6, is amended to read:
    Subd. 6. Sanctions for extended cases. (a) If one or both participants in an
assistance unit receiving assistance under subdivision 3 or 4 are not in compliance with
the employment and training service requirements in sections 256J.521 to 256J.57,
the sanctions under this subdivision apply. For a first occurrence of noncompliance,
an assistance unit must be sanctioned under section 256J.46, subdivision 1, paragraph
(c), clause (1). For a second or third occurrence of noncompliance, the assistance unit
must be sanctioned under section 256J.46, subdivision 1, paragraph (c), clause (2). For a
fourth occurrence of noncompliance, the assistance unit is disqualified from MFIP. If a
participant is determined to be out of compliance, the participant may claim a good cause
exception under section 256J.57, however, the participant may not claim an exemption
under section 256J.56.
(b) If both participants in a two-parent assistance unit are out of compliance at the
same time, it is considered one occurrence of noncompliance.
(c) When a parent in an extended two-parent assistance unit who has not used 60
months of assistance is out of compliance with the employment and training service
requirements in sections 256J.521 to 256J.57, sanctions must be applied as specified in
clauses (1) and (2).
(1) If the assistance unit is receiving assistance under subdivision 3 or 4, the
assistance unit is subject to the sanction policy in this subdivision.
(2) If the assistance unit is receiving assistance under subdivision 2, the assistance
unit is subject to the sanction policy in section 256J.46.
(d) If a two-parent assistance unit is extended under subdivision 3 or 4, and a
parent who has not reached the 60-month time limit is out of compliance with the
employment and training services requirements in sections 256J.521 to 256J.57 when the
case is extended, the sanction in the 61st month is considered the first sanction for the
purposes of applying the sanctions in this subdivision, except that the sanction amount
shall be 30 percent.

    Sec. 46. Minnesota Statutes 2006, section 256J.46, subdivision 1, is amended to read:
    Subdivision 1. Participants not complying with program requirements. (a)
A participant who fails without good cause under section 256J.57 to comply with the
requirements of this chapter, and who is not subject to a sanction under subdivision 2,
shall be subject to a sanction as provided in this subdivision. Prior to the imposition of
a sanction, a county agency shall provide a notice of intent to sanction under section
256J.57, subdivision 2, and, when applicable, a notice of adverse action as provided
in section 256J.31.
(b) A sanction under this subdivision becomes effective the month following the
month in which a required notice is given. A sanction must not be imposed when a
participant comes into compliance with the requirements for orientation under section
256J.45 prior to the effective date of the sanction. A sanction must not be imposed
when a participant comes into compliance with the requirements for employment and
training services under sections 256J.515 to 256J.57 ten days prior to the effective date
of the sanction. For purposes of this subdivision, each month that a participant fails to
comply with a requirement of this chapter shall be considered a separate occurrence of
noncompliance. If both participants in a two-parent assistance unit are out of compliance
at the same time, it is considered one occurrence of noncompliance.
(c) Sanctions for noncompliance shall be imposed as follows:
(1) For the first occurrence of noncompliance by a participant in an assistance unit,
the assistance unit's grant shall be reduced by ten percent of the MFIP standard of need
for an assistance unit of the same size with the residual grant paid to the participant. The
reduction in the grant amount must be in effect for a minimum of one month and shall be
removed in the month following the month that the participant returns to compliance.
(2) For a second, third, fourth, fifth, or sixth occurrence of noncompliance by a
participant in an assistance unit, the assistance unit's shelter costs shall be vendor paid
up to the amount of the cash portion of the MFIP grant for which the assistance unit is
eligible. At county option, the assistance unit's utilities may also be vendor paid up to
the amount of the cash portion of the MFIP grant remaining after vendor payment of the
assistance unit's shelter costs. The residual amount of the grant after vendor payment, if
any, must be reduced by an amount equal to 30 percent of the MFIP standard of need for an
assistance unit of the same size before the residual grant is paid to the assistance unit. The
reduction in the grant amount must be in effect for a minimum of one month and shall be
removed in the month following the month that the participant in a one-parent assistance
unit returns to compliance. In a two-parent assistance unit, the grant reduction must
be in effect for a minimum of one month and shall be removed in the month following
the month both participants return to compliance. The vendor payment of shelter costs
and, if applicable, utilities shall be removed six months after the month in which the
participant or participants return to compliance. If an assistance unit is sanctioned under
this clause, the participant's case file must be reviewed to determine if the employment
plan is still appropriate.
(d) For a seventh occurrence of noncompliance by a participant in an assistance
unit, or when the participants in a two-parent assistance unit have a total of seven
occurrences of noncompliance, the county agency shall close the MFIP assistance unit's
financial assistance case, both the cash and food portions, and redetermine the family's
continued eligibility for food support payments. The MFIP case must remain closed for a
minimum of one full month. Before the case is closed, the county agency must review
the participant's case to determine if the employment plan is still appropriate and attempt
to meet with the participant face-to-face. The participant may bring an advocate to the
face-to-face meeting. If a face-to-face meeting is not conducted, the county agency must
send the participant a written notice that includes the information required under clause (1).
(1) During the face-to-face meeting, the county agency must:
(i) determine whether the continued noncompliance can be explained and mitigated
by providing a needed preemployment activity, as defined in section 256J.49, subdivision
13
, clause (9);
(ii) determine whether the participant qualifies for a good cause exception under
section 256J.57, or if the sanction is for noncooperation with child support requirements,
determine if the participant qualifies for a good cause exemption under section 256.741,
subdivision 10
;
(iii) determine whether the participant qualifies for an exemption under section
256J.56 or the work activities in the employment plan are appropriate based on the criteria
in section 256J.521, subdivision 2 or 3;
(iv) determine whether the participant qualifies for the family violence waiver;
(v) inform the participant of the participant's sanction status and explain the
consequences of continuing noncompliance;
(vi) identify other resources that may be available to the participant to meet the
needs of the family; and
(vii) inform the participant of the right to appeal under section 256J.40.
(2) If the lack of an identified activity or service can explain the noncompliance, the
county must work with the participant to provide the identified activity.
(3) The grant must be restored to the full amount for which the assistance unit is
eligible retroactively to the first day of the month in which the participant was found to
lack preemployment activities or to qualify for an exemption under section 256J.56, a
family violence waiver, or for a good cause exemption under section 256.741, subdivision
10
, or 256J.57.
(e) For the purpose of applying sanctions under this section, only occurrences of
noncompliance that occur after July 1, 2003, shall be considered. If the participant is in
30 percent sanction in the month this section takes effect, that month counts as the first
occurrence for purposes of applying the sanctions under this section, but the sanction
shall remain at 30 percent for that month.
(f) An assistance unit whose case is closed under paragraph (d) or (g), may
reapply for MFIP and shall be eligible if the participant complies with MFIP program
requirements and demonstrates compliance for up to one month. No assistance shall be
paid during this period.
(g) An assistance unit whose case has been closed for noncompliance, that reapplies
under paragraph (f), is subject to sanction under paragraph (c), clause (2), for a first
occurrence of noncompliance. Any subsequent occurrence of noncompliance shall result
in case closure under paragraph (d).

    Sec. 47. Minnesota Statutes 2007 Supplement, section 256J.49, subdivision 13,
is amended to read:
    Subd. 13. Work activity. "Work activity" means any activity in a participant's
approved employment plan that leads to employment. For purposes of the MFIP program,
this includes activities that meet the definition of work activity under the participation
requirements of TANF. Work activity includes:
    (1) unsubsidized employment, including work study and paid apprenticeships or
internships;
    (2) subsidized private sector or public sector employment, including grant diversion
as specified in section 256J.69, on-the-job training as specified in section 256J.66,
the self-employment investment demonstration program (SEID) as specified in section
256J.65, paid work experience, and supported work when a wage subsidy is provided;
    (3) unpaid work experience, including community service, volunteer work,
the community work experience program as specified in section 256J.67, unpaid
apprenticeships or internships, and supported work when a wage subsidy is not provided.
Unpaid work experience is only an option if the participant has been unable to obtain or
maintain paid employment in the competitive labor market, and no paid work experience
programs are available to the participant. Unless a participant consents to participating
in unpaid work experience, the participant's employment plan may only include unpaid
work experience if including the unpaid work experience in the plan will meet the
following criteria:
    (i) the unpaid work experience will provide the participant specific skills or
experience that cannot be obtained through other work activity options where the
participant resides or is willing to reside; and
    (ii) the skills or experience gained through the unpaid work experience will result
in higher wages for the participant than the participant could earn without the unpaid
work experience;
    (4) job search including job readiness assistance, job clubs, job placement,
job-related counseling, and job retention services;
    (5) job readiness education, including English as a second language (ESL) or
functional work literacy classes as limited by the provisions of section 256J.531,
subdivision 2
, general educational development (GED) course work, high school
completion, and adult basic education as limited by the provisions of section 256J.531,
subdivision 1
;
    (6) job skills training directly related to employment, including education and
training that can reasonably be expected to lead to employment, as limited by the
provisions of section 256J.53;
    (7) providing child care services to a participant who is working in a community
service program;
    (8) activities included in the employment plan that is developed under section
256J.521, subdivision 3; and
    (9) preemployment activities including chemical and mental health assessments,
treatment, and services; learning disabilities services; child protective services; family
stabilization services; or other programs designed to enhance employability.

    Sec. 48. Minnesota Statutes 2006, section 256J.50, subdivision 1, is amended to read:
    Subdivision 1. Employment and training services component of MFIP. (a) Each
county must develop and provide an employment and training services component which
is designed to put participants on the most direct path to unsubsidized employment.
Participation in these services is mandatory for all MFIP caregivers, unless the caregiver
is exempt under section 256J.56.
(b) A county must provide employment and training services under sections
256J.515 to 256J.74 within 30 days after the caregiver is determined eligible for MFIP, or
within ten days when the caregiver participated in the diversionary work program under
section 256J.95 within the past 12 months.

    Sec. 49. Minnesota Statutes 2006, section 256J.521, subdivision 4, is amended to read:
    Subd. 4. Self-employment. (a) Self-employment activities may be included in an
employment plan contingent on the development of a business plan which establishes a
timetable and earning goals that will result in the participant exiting MFIP assistance.
Business plans must be developed with assistance from an individual or organization with
expertise in small business as approved by the job counselor.
(b) Participants with an approved plan that includes self-employment must meet
the participation requirements in section 256J.55, subdivision 1. Only hours where
the participant earns at least minimum wage shall be counted toward the requirement.
Additional activities and hours necessary to meet the participation requirements in section
256J.55, subdivision 1, must be included in the employment plan.
(c) Employment plans which include self-employment activities must be reviewed
every three months. Participants who fail, without good cause, to make satisfactory
progress as established in the business plan must revise the employment plan to replace
the self-employment with other approved work activities.
(d) The requirements of this subdivision may be waived for participants who are
enrolled in the self-employment investment demonstration program (SEID) under section
256J.65, and who make satisfactory progress as determined by the job counselor and
the SEID provider.

    Sec. 50. Minnesota Statutes 2006, section 256J.54, subdivision 5, is amended to read:
    Subd. 5. School attendance required. (a) Notwithstanding the provisions of
section 256J.56, Minor parents, or 18- or 19-year-old parents without a high school
diploma or its equivalent who chooses choose an employment plan with an education
option must attend school unless:
(1) transportation services needed to enable the caregiver to attend school are not
available;
(2) appropriate child care services needed to enable the caregiver to attend school
are not available;
(3) the caregiver is ill or incapacitated seriously enough to prevent attendance at
school; or
(4) the caregiver is needed in the home because of the illness or incapacity of
another member of the household. This includes a caregiver of a child who is younger
than six weeks of age.
(b) The caregiver must be enrolled in a secondary school and meeting the school's
attendance requirements. The county, social service agency, or job counselor must verify
at least once per quarter that the caregiver is meeting the school's attendance requirements.
An enrolled caregiver is considered to be meeting the attendance requirements when the
school is not in regular session, including during holiday and summer breaks.

    Sec. 51. Minnesota Statutes 2007 Supplement, section 256J.55, subdivision 1, is
amended to read:
    Subdivision 1. Participation requirements. (a) All caregivers must participate
in employment services under sections 256J.515 to 256J.57 concurrent with receipt of
MFIP assistance.
    (b) Until July 1, 2004, participants who meet the requirements of section 256J.56 are
exempt from participation requirements.
    (c) Participants under paragraph (a) must develop and comply with an employment
plan under section 256J.521 or section 256J.54 in the case of a participant under the age of
20 who has not obtained a high school diploma or its equivalent.
    (d) (c) With the exception of participants under the age of 20 who must meet
the education requirements of section 256J.54, all participants must meet the hourly
participation requirements of TANF or the hourly requirements listed in clauses (1) to
(3), whichever is higher.
    (1) In single-parent families with no children under six years of age, the job
counselor and the caregiver must develop an employment plan that includes 130 hours per
month of work activities.
    (2) In single-parent families with a child under six years of age, the job counselor
and the caregiver must develop an employment plan that includes 87 hours per month
of work activities.
    (3) In two-parent families, the job counselor and the caregivers must develop
employment plans which result in a combined total of at least 55 hours per week of work
activities.
    (e) (d) Failure to participate in employment services, including the requirement to
develop and comply with an employment plan, including hourly requirements, without
good cause under section 256J.57, shall result in the imposition of a sanction under section
256J.46.

    Sec. 52. Minnesota Statutes 2006, section 260B.235, subdivision 5, is amended to read:
    Subd. 5. Enhanced dispositions. If the juvenile court finds that a child has
committed a second or subsequent juvenile alcohol or controlled substance offense, the
court may impose any of the dispositional alternatives described in paragraphs (a) to (c).
If the juvenile court finds that a child has committed a second or subsequent juvenile
tobacco offense, the court may impose any of the dispositional alternatives described
in paragraphs (a) to (c).
(a) The court may impose any of the dispositional alternatives described in
subdivision 3 4, clauses (a) to (f).
(b) If the adjudicated petty offender has a driver's license or permit, the court may
forward the license or permit to the commissioner of public safety. The commissioner
shall revoke the petty offender's driver's license or permit until the offender reaches the
age of 18 years or for a period of one year, whichever is longer.
(c) If the adjudicated petty offender has a driver's license or permit, the court may
suspend the driver's license or permit for a period of up to 90 days but may allow the
offender driving privileges as necessary to travel to and from work.
(d) If the adjudicated petty offender does not have a driver's license or permit, the
court may prepare an order of denial of driving privileges. The order must provide that the
petty offender will not be granted driving privileges until the offender reaches the age of 18
years or for a period of one year, whichever is longer. The court shall forward the order to
the commissioner of public safety. The commissioner shall deny the offender's eligibility
for a driver's license under section 171.04, for the period stated in the court order.

    Sec. 53. Minnesota Statutes 2006, section 260C.007, subdivision 6, is amended to read:
    Subd. 6. Child in need of protection or services. "Child in need of protection or
services" means a child who is in need of protection or services because the child:
(1) is abandoned or without parent, guardian, or custodian;
(2)(i) has been a victim of physical or sexual abuse, (ii) resides with or has resided
with a victim of domestic child abuse as defined in subdivision 5 13, (iii) resides with
or would reside with a perpetrator of domestic child abuse or child abuse as defined in
subdivision 13 or 5, or (iv) is a victim of emotional maltreatment as defined in subdivision
8 15;
(3) is without necessary food, clothing, shelter, education, or other required care
for the child's physical or mental health or morals because the child's parent, guardian,
or custodian is unable or unwilling to provide that care;
(4) is without the special care made necessary by a physical, mental, or emotional
condition because the child's parent, guardian, or custodian is unable or unwilling to
provide that care, including a child in voluntary placement due solely to the child's
developmental disability or emotional disturbance;
(5) is medically neglected, which includes, but is not limited to, the withholding of
medically indicated treatment from a disabled infant with a life-threatening condition. The
term "withholding of medically indicated treatment" means the failure to respond to the
infant's life-threatening conditions by providing treatment, including appropriate nutrition,
hydration, and medication which, in the treating physician's or physicians' reasonable
medical judgment, will be most likely to be effective in ameliorating or correcting all
conditions, except that the term does not include the failure to provide treatment other
than appropriate nutrition, hydration, or medication to an infant when, in the treating
physician's or physicians' reasonable medical judgment:
(i) the infant is chronically and irreversibly comatose;
(ii) the provision of the treatment would merely prolong dying, not be effective in
ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be
futile in terms of the survival of the infant; or
(iii) the provision of the treatment would be virtually futile in terms of the survival
of the infant and the treatment itself under the circumstances would be inhumane;
(6) is one whose parent, guardian, or other custodian for good cause desires to
be relieved of the child's care and custody, including a child in placement according to
voluntary release by the parent under section 260C.212, subdivision 8;
(7) has been placed for adoption or care in violation of law;
(8) is without proper parental care because of the emotional, mental, or physical
disability, or state of immaturity of the child's parent, guardian, or other custodian;
(9) is one whose behavior, condition, or environment is such as to be injurious or
dangerous to the child or others. An injurious or dangerous environment may include, but
is not limited to, the exposure of a child to criminal activity in the child's home;
(10) is experiencing growth delays, which may be referred to as failure to thrive, that
have been diagnosed by a physician and are due to parental neglect;
(11) has engaged in prostitution as defined in section 609.321, subdivision 9;
(12) has committed a delinquent act or a juvenile petty offense before becoming
ten years old;
(13) is a runaway;
(14) is a habitual truant; or
(15) has been found incompetent to proceed or has been found not guilty by reason
of mental illness or mental deficiency in connection with a delinquency proceeding, a
certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a
proceeding involving a juvenile petty offense.

    Sec. 54. Minnesota Statutes 2007 Supplement, section 268.101, subdivision 2, is
amended to read:
    Subd. 2. Determination. (a) The commissioner shall determine any issue of
ineligibility raised by information required from an applicant under subdivision 1,
paragraph (a) or (c), and send to the applicant and any involved employer, by mail or
electronic transmission, a determination of eligibility or a determination of ineligibility,
as is appropriate. The determination on an issue of ineligibility as a result of a quit or a
discharge of the applicant must state the effect on the employer under section 268.047. A
determination must be made in accordance with this paragraph even if a notified employer
has not raised the issue of ineligibility.
    (b) The commissioner shall determine any issue of ineligibility raised by an
employer and send to the applicant and that employer, by mail or electronic transmission,
a determination of eligibility or a determination of ineligibility as is appropriate. The
determination on an issue of ineligibility as a result of a quit or discharge of the applicant
must state the effect on the employer under section 268.047.
    If a base period employer:
    (1) was not the applicant's most recent employer before the application for
unemployment benefits;
    (2) did not employ the applicant during the six calendar months before the
application for unemployment benefits; and
    (3) did not raise an issue of ineligibility as a result of a quit or discharge of the
applicant within ten calendar days of notification under subdivision 1, paragraph (b);
then any exception under section 268.047, subdivisions 2 and 3, begins the Sunday two
weeks following the week that the issue of ineligibility as a result of a quit or discharge of
the applicant was raised by the employer.
    A communication from an employer must specifically set out why the applicant
should be determined ineligible for unemployment benefits for that communication to be
considered to have raised an issue of ineligibility for purposes of this section. A statement
of "protest" or a similar term without more information does not constitute raising an issue
of ineligibility for purposes of this section.
    (c) An issue of ineligibility is determined based upon that information required of
an applicant, any information that may be obtained from an applicant or employer, and
information from any other source, without regard to any burden of proof.
    (d) Regardless of the requirements of this subdivision, the commissioner is not
required to send to an applicant a copy of the determination where the applicant has
satisfied any otherwise a period of ineligibility because of a quit or a discharge under
section 268.095, subdivision 10.
    (e) The commissioner may issue a determination on an issue of ineligibility at any
time within 24 months from the establishment of a benefit account based upon information
from any source, even if the issue of ineligibility was not raised by the applicant or an
employer.
    This paragraph does not prevent the imposition of a penalty under section 268.18,
subdivision 2
, or 268.182.
    (f) A determination of eligibility or determination of ineligibility is final unless an
appeal is filed by the applicant or notified employer within 20 calendar days after sending.
The determination must contain a prominent statement indicating the consequences of not
appealing. Proceedings on the appeal are conducted in accordance with section 268.105.
    (g) An issue of ineligibility required to be determined under this section includes
any question regarding the denial or allowing of unemployment benefits under this chapter
except for issues under section 268.07. An issue of ineligibility for purposes of this section
includes any question of effect on an employer under section 268.047.
    (h) Except for issues of ineligibility as a result of a quit or discharge of the applicant,
the employer will be (1) sent a copy of the determination of eligibility or a determination
of ineligibility, or (2) considered an involved employer for purposes of an appeal under
section 268.105, only if the employer raised the issue of ineligibility.

    Sec. 55. Minnesota Statutes 2006, section 270.81, subdivision 1, is amended to read:
    Subdivision 1. Valuation of operating property. The operating property of every
railroad company doing business in Minnesota shall be valued by the commissioner in
the manner prescribed by Laws 1979, chapter 303, article 7, sections 1 to 13 sections
270.80 to 270.87.

    Sec. 56. Minnesota Statutes 2006, section 270.82, subdivision 1, is amended to read:
    Subdivision 1. Annual report required. Every railroad company doing business
in Minnesota shall annually file with the commissioner on or before March 31 a report
under oath setting forth the information prescribed by the commissioner to enable the
commissioner to make the valuation and equalization required by Laws 1979, chapter 303,
article 7, sections 1 to 13 sections 270.80 to 270.87.

    Sec. 57. Minnesota Statutes 2006, section 270.83, subdivision 3, is amended to read:
    Subd. 3. Failure to file report. If any railroad company shall refuse or neglect to
make the report required by this section to the commissioner, or shall refuse or neglect to
permit an inspection and examination of its property, records, books, accounts or other
papers when requested by the commissioner, or shall refuse or neglect to appear before
the commissioner or a person appointed under subdivision 2 when required so to do, the
commissioner shall make the valuation provided for by Laws 1979, chapter 303, article 7,
sections 1 to 13 sections 270.80 to 270.87 against the railroad company according to the
commissioner's best judgment on available information.

    Sec. 58. Minnesota Statutes 2006, section 273.1398, subdivision 6, is amended to read:
    Subd. 6. Payment. The commissioner shall certify the aids provided in subdivision
3 before September 1 of the year preceding the distribution year to the county auditor of
the affected local government. The aids provided in subdivisions subdivision 3, 4a, and
4c must be paid to local governments other than school districts at the times provided in
section 477A.015 for payment of local government aid to taxing jurisdictions, except
that the first one-half payment of disparity reduction aid provided in subdivision 3 must
be paid on or before August 31. The disparity reduction credit provided in subdivision
4 must be paid to taxing jurisdictions other than school districts at the time provided in
section 473H.10, subdivision 3. Aids and credit reimbursements to school districts must
be certified to the commissioner of education and paid under section 273.1392. Payment
shall not be made to any taxing jurisdiction that has ceased to levy a property tax.

    Sec. 59. Minnesota Statutes 2006, section 275.065, subdivision 5a, is amended to read:
    Subd. 5a. Public advertisement. (a) A city that has a population of more than
2,500, county, a metropolitan special taxing district as defined in subdivision 3, paragraph
(i), a regional library district established under section 134.201, or school district shall
advertise in a newspaper a notice of its intent to adopt a budget and property tax levy or,
in the case of a school district, to review its current budget and proposed property taxes
payable in the following year, at a public hearing, if a public hearing is required under
subdivision 6. The notice must be published not less than two business days nor more
than six business days before the hearing.
The advertisement must be at least one-eighth page in size of a standard-size or a
tabloid-size newspaper. The advertisement must not be placed in the part of the newspaper
where legal notices and classified advertisements appear. The advertisement must be
published in an official newspaper of general circulation in the taxing authority. The
newspaper selected must be one of general interest and readership in the community, and
not one of limited subject matter. The advertisement must appear in a newspaper that is
published at least once per week.
For purposes of this section, the metropolitan special taxing district's advertisement
must only be published in the Minneapolis Star and Tribune and the Saint Paul Pioneer
Press.
In addition to other requirements, a county and a city having a population of
more than 2,500 must show in the public advertisement required under this subdivision
the current local tax rate, the proposed local tax rate if no property tax levy increase
is adopted, and the proposed rate if the proposed levy is adopted. For purposes of this
subdivision, "local tax rate" means the city's or county's net tax capacity levy divided by
the city's or county's taxable net tax capacity.
(b) The advertisement for school districts, metropolitan special taxing districts, and
regional library districts must be in the following form, except that the notice for a school
district may include references to the current budget in regard to proposed property taxes.
"NOTICE OF
PROPOSED PROPERTY TAXES
(School District/Metropolitan
Special Taxing District/Regional
Library District) of .........
The governing body of ........ will soon hold budget hearings and vote on the property
taxes for (metropolitan special taxing district/regional library district services that will be
provided in (year)/school district services that will be provided in (year) and (year)).
NOTICE OF PUBLIC HEARING:
All concerned citizens are invited to attend a public hearing and express their opinions
on the proposed (school district/metropolitan special taxing district/regional library
district) budget and property taxes, or in the case of a school district, its current budget
and proposed property taxes, payable in the following year. The hearing will be held on
(Month/Day/Year) at (Time) at (Location, Address)."
(c) The advertisement for cities and counties must be in the following form.
"NOTICE OF PROPOSED
TOTAL BUDGET AND PROPERTY TAXES
The (city/county) governing body or board of commissioners will hold a public hearing to
discuss the budget and to vote on the amount of property taxes to collect for services the
(city/county) will provide in (year).
SPENDING: The total budget amounts below compare (city's/county's) (year) total actual
budget with the amount the (city/county) proposes to spend in (year).


(Year) Total Actual
Budget
Proposed (Year)
Budget
Change from
(Year)-(Year)

$...........
$...........
.....%
TAXES: The property tax amounts below compare that portion of the current budget
levied in property taxes in (city/county) for (year) with the property taxes the (city/county)
proposes to collect in (year).


(Year) Property
Taxes
Proposed (Year)
Property Taxes
Change from
(Year)-(Year)

$...........
$...........
.....%
LOCAL TAX RATE COMPARISON: The current local tax rate, the local tax rate if no tax
levy increase is adopted, and the proposed local tax rate if the proposed levy is adopted.


(Year) Tax Rate
(Year) Tax Rate if NO
Levy Increase
(Year) Proposed
Tax Rate

...........
...........
.....
ATTEND THE PUBLIC HEARING
All (city/county) residents are invited to attend the public hearing of the (city/county) to
express your opinions on the budget and the proposed amount of (year) property taxes.
The hearing will be held on:
(Month/Day/Year/Time)
(Location/Address)
If the discussion of the budget cannot be completed, a time and place for continuing the
discussion will be announced at the hearing. You are also invited to send your written
comments to:
(City/County)
(Location/Address)"
(d) For purposes of this subdivision, the budget amounts listed on the advertisement
mean:
(1) for cities, the total government fund expenditures, as defined by the state auditor
under section 471.6965, less any expenditures for improvements or services that are
specially assessed or charged under chapter 429, 430, 435, or the provisions of any other
law or charter; and
(2) for counties, the total government fund expenditures, as defined by the state
auditor under section 375.169, less any expenditures for direct payments to recipients or
providers for the human service aids listed below:
(i) Minnesota family investment program under chapters 256J and 256K;
(ii) medical assistance under sections 256B.041, subdivision 5, and 256B.19,
subdivision 1
;
(iii) general assistance medical care under section 256D.03, subdivision 6;
(iv) general assistance under section 256D.03, subdivision 2;
(v) emergency assistance under section 256J.48;
(vi) (v) Minnesota supplemental aid under section 256D.36, subdivision 1;
(vii) (vi) preadmission screening under section 256B.0911, and alternative care
grants under section 256B.0913;
(viii) (vii) general assistance medical care claims processing, medical transportation
and related costs under section 256D.03, subdivision 4;
(ix) (viii) medical transportation and related costs under section 256B.0625,
subdivisions 17 to 18a
;
(x) (ix) group residential housing under section 256I.05, subdivision 8, transferred
from programs in clauses (iv) and (vi) (v); or
(xi) (x) any successor programs to those listed in clauses (i) to (x) (ix).
(e) A city with a population of over 500 but not more than 2,500 that is required to
hold a public hearing under subdivision 6 must advertise by posted notice as defined in
section 645.12, subdivision 1. The advertisement must be posted at the time provided in
paragraph (a). It must be in the form required in paragraph (b).
(f) For purposes of this subdivision, the population of a city is the most recent
population as determined by the state demographer under section 4A.02.
(g) The commissioner of revenue, subject to the approval of the chairs of the house
and senate tax committees, shall prescribe the form and format of the advertisements
required under this subdivision.

    Sec. 60. Minnesota Statutes 2006, section 282.01, subdivision 1b, is amended to read:
    Subd. 1b. Conveyance; targeted neighborhood lands. (a) Notwithstanding
subdivision 1a, in the case of tax-forfeited lands located in a targeted neighborhood,
as defined in section 469.201, subdivision 10, and section 473.121, subdivision 2, the
commissioner of revenue shall convey by deed in the name of the state any tract of
tax-forfeited land held in trust in favor of the taxing districts, to a political subdivision
that submits an application to the commissioner of revenue and the recommendation
of the county board.
(b) The application under paragraph (a) must include a statement of facts as to the
use to be made of the tract, the need therefor, and a resolution, adopted by the governing
body of the political subdivision, finding that the conveyance of a tract of tax-forfeited
land to the political subdivision is necessary to provide for the redevelopment of land as
productive taxable property. Deeds of conveyance issued under paragraph (a) are not
conditioned on continued use of the property for the use stated in the application.

    Sec. 61. Minnesota Statutes 2006, section 289A.08, subdivision 7, is amended to read:
    Subd. 7. Composite income tax returns for nonresident partners, shareholders,
and beneficiaries. (a) The commissioner may allow a partnership with nonresident
partners to file a composite return and to pay the tax on behalf of nonresident partners who
have no other Minnesota source income. This composite return must include the names,
addresses, Social Security numbers, income allocation, and tax liability for the nonresident
partners electing to be covered by the composite return.
(b) The computation of a partner's tax liability must be determined by multiplying
the income allocated to that partner by the highest rate used to determine the tax liability
for individuals under section 290.06, subdivision 2c. Nonbusiness deductions, standard
deductions, or personal exemptions are not allowed.
(c) The partnership must submit a request to use this composite return filing method
for nonresident partners. The requesting partnership must file a composite return in the
form prescribed by the commissioner of revenue. The filing of a composite return is
considered a request to use the composite return filing method.
(d) The electing partner must not have any Minnesota source income other than
the income from the partnership and other electing partnerships. If it is determined that
the electing partner has other Minnesota source income, the inclusion of the income
and tax liability for that partner under this provision will not constitute a return to
satisfy the requirements of subdivision 1. The tax paid for the individual as part of the
composite return is allowed as a payment of the tax by the individual on the date on
which the composite return payment was made. If the electing nonresident partner has no
other Minnesota source income, filing of the composite return is a return for purposes of
subdivision 1.
(e) This subdivision does not negate the requirement that an individual pay estimated
tax if the individual's liability would exceed the requirements set forth in section 289A.25.
A composite estimate may, however, be filed in a manner similar to and containing the
information required under paragraph (a).
(f) If an electing partner's share of the partnership's gross income from Minnesota
sources is less than the filing requirements for a nonresident under this subdivision, the tax
liability is zero. However, a statement showing the partner's share of gross income must
be included as part of the composite return.
(g) The election provided in this subdivision is only available to a partner who has
no other Minnesota source income and who is either (1) a full-year nonresident individual
or (2) a trust or estate that does not claim a deduction under either section 651 or 661 of
the Internal Revenue Code.
(h) A corporation defined in section 290.9725 and its nonresident shareholders may
make an election under this paragraph. The provisions covering the partnership apply to
the corporation and the provisions applying to the partner apply to the shareholder.
(i) Estates and trusts distributing current income only and the nonresident individual
beneficiaries of the estates or trusts may make an election under this paragraph. The
provisions covering the partnership apply to the estate or trust. The provisions applying to
the partner apply to the beneficiary.
(j) For the purposes of this subdivision, "income" means the partner's share of federal
adjusted gross income from the partnership modified by the additions provided in section
290.01, subdivision 19a, clauses (6) to (9) and (11) (10), and the subtractions provided in:
(i) section 290.01, subdivision 19b, clause (9), to the extent the amount is assignable or
allocable to Minnesota under section 290.17; and (ii) section 290.01, subdivision 19b,
clause (14). The subtraction allowed under section 290.01, subdivision 19b, clause (9), is
only allowed on the composite tax computation to the extent the electing partner would
have been allowed the subtraction.

    Sec. 62. Minnesota Statutes 2006, section 289A.63, subdivision 6, is amended to read:
    Subd. 6. Collection of tax; penalty. An agent, canvasser, or employee of a retailer,
who is not authorized by permit from the commissioner, may not collect the sales tax as
imposed by chapter 297A, nor sell, solicit orders for, nor deliver, any tangible personal
property in this state. An agent, canvasser, or employee violating the provisions of section
297A.63; 297A.66 to 297A.71; 297A.75; 297A.76, subdivision 1; 297A.77; 297A.78;
297A.80; 297A.82, subdivision 4; 297A.83; 297A.89; 297A.90; 297A.91; or 297A.96; or
297A.97 is guilty of a misdemeanor.

    Sec. 63. Minnesota Statutes 2006, section 290.0921, subdivision 3, is amended to read:
    Subd. 3. Alternative minimum taxable income. "Alternative minimum taxable
income" is Minnesota net income as defined in section 290.01, subdivision 19, and
includes the adjustments and tax preference items in sections 56, 57, 58, and 59(d), (e),
(f), and (h) of the Internal Revenue Code. If a corporation files a separate company
Minnesota tax return, the minimum tax must be computed on a separate company basis.
If a corporation is part of a tax group filing a unitary return, the minimum tax must be
computed on a unitary basis. The following adjustments must be made.
(1) For purposes of the depreciation adjustments under section 56(a)(1) and
56(g)(4)(A) of the Internal Revenue Code, the basis for depreciable property placed in
service in a taxable year beginning before January 1, 1990, is the adjusted basis for federal
income tax purposes, including any modification made in a taxable year under section
290.01, subdivision 19e, or Minnesota Statutes 1986, section 290.09, subdivision 7,
paragraph (c).
For taxable years beginning after December 31, 2000, the amount of any remaining
modification made under section 290.01, subdivision 19e, or Minnesota Statutes 1986,
section 290.09, subdivision 7, paragraph (c), not previously deducted is a depreciation
allowance in the first taxable year after December 31, 2000.
(2) The portion of the depreciation deduction allowed for federal income tax
purposes under section 168(k) of the Internal Revenue Code that is required as an addition
under section 290.01, subdivision 19c, clause (16) (15), is disallowed in determining
alternative minimum taxable income.
(3) The subtraction for depreciation allowed under section 290.01, subdivision 19d,
clause (19), is allowed as a depreciation deduction in determining alternative minimum
taxable income.
(4) The alternative tax net operating loss deduction under sections 56(a)(4) and 56(d)
of the Internal Revenue Code does not apply.
(5) The special rule for certain dividends under section 56(g)(4)(C)(ii) of the Internal
Revenue Code does not apply.
(6) The special rule for dividends from section 936 companies under section
56(g)(4)(C)(iii) does not apply.
(7) The tax preference for depletion under section 57(a)(1) of the Internal Revenue
Code does not apply.
(8) The tax preference for intangible drilling costs under section 57(a)(2) of the
Internal Revenue Code must be calculated without regard to subparagraph (E) and the
subtraction under section 290.01, subdivision 19d, clause (4).
(9) The tax preference for tax exempt interest under section 57(a)(5) of the Internal
Revenue Code does not apply.
(10) The tax preference for charitable contributions of appreciated property under
section 57(a)(6) of the Internal Revenue Code does not apply.
(11) For purposes of calculating the tax preference for accelerated depreciation or
amortization on certain property placed in service before January 1, 1987, under section
57(a)(7) of the Internal Revenue Code, the deduction allowable for the taxable year is the
deduction allowed under section 290.01, subdivision 19e.
For taxable years beginning after December 31, 2000, the amount of any remaining
modification made under section 290.01, subdivision 19e, not previously deducted is a
depreciation or amortization allowance in the first taxable year after December 31, 2004.
(12) For purposes of calculating the adjustment for adjusted current earnings in
section 56(g) of the Internal Revenue Code, the term "alternative minimum taxable
income" as it is used in section 56(g) of the Internal Revenue Code, means alternative
minimum taxable income as defined in this subdivision, determined without regard to the
adjustment for adjusted current earnings in section 56(g) of the Internal Revenue Code.
(13) For purposes of determining the amount of adjusted current earnings under
section 56(g)(3) of the Internal Revenue Code, no adjustment shall be made under section
56(g)(4) of the Internal Revenue Code with respect to (i) the amount of foreign dividend
gross-up subtracted as provided in section 290.01, subdivision 19d, clause (1), (ii) the
amount of refunds of income, excise, or franchise taxes subtracted as provided in section
290.01, subdivision 19d, clause (10) (9), or (iii) the amount of royalties, fees or other like
income subtracted as provided in section 290.01, subdivision 19d, clause (11) (10).
(14) Alternative minimum taxable income excludes the income from operating in a
job opportunity building zone as provided under section 469.317.
(15) Alternative minimum taxable income excludes the income from operating in a
biotechnology and health sciences industry zone as provided under section 469.337.
(16) Alternative minimum taxable income excludes the income from operating in an
international economic development zone as provided under section 469.326.
Items of tax preference must not be reduced below zero as a result of the
modifications in this subdivision.

    Sec. 64. Minnesota Statutes 2006, section 297A.70, subdivision 13, is amended to read:
    Subd. 13. Fund-raising sales by or for nonprofit groups. (a) The following
sales by the specified organizations for fund-raising purposes are exempt, subject to the
limitations listed in paragraph (b):
(1) all sales made by an organization that exists solely for the purpose of providing
educational or social activities for young people primarily age 18 and under;
(2) all sales made by an organization that is a senior citizen group or association of
groups if (i) in general it limits membership to persons age 55 or older; (ii) it is organized
and operated exclusively for pleasure, recreation, and other nonprofit purposes; and (iii)
no part of its net earnings inures to the benefit of any private shareholders;
(3) the sale or use of tickets or admissions to a golf tournament held in Minnesota if
the beneficiary of the tournament's net proceeds qualifies as a tax-exempt organization
under section 501(c)(3) of the Internal Revenue Code; and
(4) sales of candy sold for fund-raising purposes by a nonprofit organization that
provides educational and social activities primarily for young people age 18 and under.
(b) The exemptions listed in paragraph (a) are limited in the following manner:
(1) the exemption under paragraph (a), clauses (1) and (2), applies only if the gross
annual receipts of the organization from fund-raising do not exceed $10,000; and
(2) the exemption under paragraph (a), clause (1), does not apply if the sales are
derived from admission charges or from activities for which the money must be deposited
with the school district treasurer under section 123B.49, subdivision 2, or be recorded in
the same manner as other revenues or expenditures of the school district under section
123B.49, subdivision 4.
(c) Sales of tangible personal property are exempt if the entire proceeds, less the
necessary expenses for obtaining the property, will be contributed to a registered combined
charitable organization described in section 309.501 43A.50, to be used exclusively for
charitable, religious, or educational purposes, and the registered combined charitable
organization has given its written permission for the sale. Sales that occur over a period of
more than 24 days per year are not exempt under this paragraph.
(d) For purposes of this subdivision, a club, association, or other organization of
elementary or secondary school students organized for the purpose of carrying on sports,
educational, or other extracurricular activities is a separate organization from the school
district or school for purposes of applying the $10,000 limit.

    Sec. 65. Minnesota Statutes 2006, section 298.28, subdivision 4, as amended by Laws
2008, chapter 154, article 8, section 7, is amended to read:
    Subd. 4. School districts. (a) 23.15 cents per taxable ton, plus the increase provided
in paragraph (d) must be allocated to qualifying school districts to be distributed, based
upon the certification of the commissioner of revenue, under paragraphs (b), (c), and (f).
    (b) (i) 3.43 cents per taxable ton must be distributed to the school districts in which
the lands from which taconite was mined or quarried were located or within which the
concentrate was produced. The distribution must be based on the apportionment formula
prescribed in subdivision 2.
    (ii) Four cents per taxable ton from each taconite facility must be distributed to
each affected school district for deposit in a fund dedicated to building maintenance
and repairs, as follows:
    (1) proceeds from Keewatin Taconite or its successor are distributed to Independent
School Districts Nos. 316, Coleraine, and 319, Nashwauk-Keewatin, or their successor
districts;
    (2) proceeds from the Hibbing Taconite Company or its successor are distributed to
Independent School Districts Nos. 695, Chisholm, and 701, Hibbing, or their successor
districts;
    (3) proceeds from the Mittal Steel Company and Minntac or their successors are
distributed to Independent School Districts Nos. 712, Mountain Iron-Buhl, 706, Virginia,
2711, Mesabi East, and 2154, Eveleth-Gilbert, or their successor districts;
    (4) proceeds from the Northshore Mining Company or its successor are distributed
to Independent School Districts Nos. 2142, St. Louis County, and 381, Lake Superior,
or their successor districts; and
    (5) proceeds from United Taconite or its successor are distributed to Independent
School Districts Nos. 2142, St. Louis County, and 2154, Eveleth-Gilbert, or their
successor districts.
    Revenues that are required to be distributed to more than one district shall be
apportioned according to the number of pupil units identified in section 126C.05,
subdivision 1
, enrolled in the second previous year.
    (c)(i) 15.72 cents per taxable ton, less any amount distributed under paragraph (e),
shall be distributed to a group of school districts comprised of those school districts which
qualify as a tax relief area under section 273.134, paragraph (b), or in which there is a
qualifying municipality as defined by section 273.134, paragraph (a), in direct proportion
to school district indexes as follows: for each school district, its pupil units determined
under section 126C.05 for the prior school year shall be multiplied by the ratio of the
average adjusted net tax capacity per pupil unit for school districts receiving aid under
this clause as calculated pursuant to chapters 122A, 126C, and 127A for the school year
ending prior to distribution to the adjusted net tax capacity per pupil unit of the district.
Each district shall receive that portion of the distribution which its index bears to the sum
of the indices for all school districts that receive the distributions.
    (ii) Notwithstanding clause (i), each school district that receives a distribution
under sections 298.018; 298.23 to 298.28, exclusive of any amount received under this
clause; 298.34 to 298.39; 298.391 to 298.396; 298.405; or any law imposing a tax on
severed mineral values after reduction for any portion distributed to cities and towns under
section 126C.48, subdivision 8, paragraph (5), that is less than the amount of its levy
reduction under section 126C.48, subdivision 8, for the second year prior to the year of the
distribution shall receive a distribution equal to the difference; the amount necessary to
make this payment shall be derived from proportionate reductions in the initial distribution
to other school districts under clause (i).
    (d) Any school district described in paragraph (c) where a levy increase pursuant to
section 126C.17, subdivision 9, was authorized by referendum for taxes payable in 2001,
shall receive a distribution of 21.3 cents per ton. Each district shall receive $175 times the
pupil units identified in section 126C.05, subdivision 1, enrolled in the second previous
year or the 1983-1984 school year, whichever is greater, less the product of 1.8 percent
times the district's taxable net tax capacity in the second previous year.
    If the total amount provided by paragraph (d) is insufficient to make the payments
herein required then the entitlement of $175 per pupil unit shall be reduced uniformly
so as not to exceed the funds available. Any amounts received by a qualifying school
district in any fiscal year pursuant to paragraph (d) shall not be applied to reduce general
education aid which the district receives pursuant to section 126C.13 or the permissible
levies of the district. Any amount remaining after the payments provided in this paragraph
shall be paid to the commissioner of Iron Range resources and rehabilitation who shall
deposit the same in the taconite environmental protection fund and the Douglas J. Johnson
economic protection trust fund as provided in subdivision 11.
    Each district receiving money according to this paragraph shall reserve the lesser of
the amount received under this paragraph or $25 times the number of pupil units served
in the district. It may use the money for early childhood programs or for outcome-based
learning programs that enhance the academic quality of the district's curriculum. The
outcome-based learning programs must be approved by the commissioner of education.
    (e) There shall be distributed to any school district the amount which the school
district was entitled to receive under section 298.32 in 1975.
    (f) Four cents per taxable ton must be distributed to qualifying school districts
according to the distribution specified in paragraph (b), clause (ii), and two cents per
taxable ton must be distributed according to the distribution specified in paragraph (c).
These amounts are not subject to section sections 126C.21, subdivision 4, and 126C.48,
subdivision 8
.
EFFECTIVE DATE.This section is effective for distributions in 2009 and
thereafter.

    Sec. 66. Minnesota Statutes 2006, section 298.282, subdivision 2, is amended to read:
    Subd. 2. Commissioner's calculation and certification of municipal
distributions. (a) Each year following the final determination of the amount of taxes
payable under section 298.24, the commissioner of revenue shall determine the amount in
the taconite municipal aid account as of July 1 of that year and the amount to be distributed
to each qualifying municipality during the year. The amount to be distributed to each
qualifying municipality shall be determined by determining an index for each qualifying
municipality by subtracting its local effort tax rate, multiplied by its equalized gross tax
capacity, from its fiscal need factor. For the purposes of this subdivision, the following
terms have the meanings given them herein. A municipality's "local effort tax rate" means
its fiscal need factor per capita divided by $21 per capita for each one percent of the gross
local tax rate or $17 per capita for each one percent of the net local tax rate for the first
$350 of its fiscal need factor per capita; plus its fiscal need factor per capita divided by
$18 per capita for each one percent of the gross local tax rate or $15 per capita for each
one percent of the net local tax rate on that part of its fiscal need factor per capita, if any,
in excess of $350. In no case shall a municipality's local effort tax rate be less than a gross
local tax rate of 6.56 percent or a net local tax rate of 8.16 percent. A municipality's
"equalized gross tax capacity" means its previous year tax capacity, less the tax capacity in
any tax increment district, divided by the municipality's aggregate sales ratio covering
the period ending two years prior to the year of aid distribution. A municipality's "fiscal
need factor" means the three-year average of the sum of its municipal levy, taconite aids
received under section 298.28, subdivisions 2, 11, paragraph (b), and this section and its
local government aid distribution amount, for taxes payable and distribution amounts
receivable in the three years immediately preceding the aid distribution year.
The ratio of the resulting index for each qualifying municipality to the sum of all
qualifying municipalities' indexes shall be multiplied by the total amount in the taconite
municipal aid account less the amount distributed pursuant to subdivision 5.
(b) If the distribution under this section, sections 273.138, 298.26 and 298.28, and
chapter 477A, to any municipality would exceed that municipality's levy for that year,
the amount in excess of the levy for that year shall reduce the amount distributed to
the municipality under this section and this excess amount shall be distributed to the
other qualifying municipalities in the same manner as the distribution made pursuant to
subdivision 2, except that the qualifying municipality receiving an initial distribution when
added to that received pursuant to sections 273.138, 298.26, 298.28, and chapter 477A in
excess of the qualifying municipality's levy, shall not receive a distribution nor shall its
index be used in computing the distribution pursuant to this clause. The distributions to
be received in the year in which the taxes are payable shall be compared to the levy for
that same year. Upon completion of the determination, the commissioner of revenue shall
certify to the chief clerical officer of each qualifying municipality the amount which will
be distributed to the municipality from the taconite municipal aid account that year.

    Sec. 67. Minnesota Statutes 2006, section 300.15, is amended to read:
300.15 POWERS, RIGHTS, LIABILITIES, AND DUTIES OF
CONSOLIDATED CORPORATION.
When the agreement is signed, acknowledged, filed for record, and published
as required by Minnesota Statutes 2004, section 300.14, the separate existence of the
constituent corporations ceases and they become a single corporation in accordance with
the agreement, possessing all the rights, privileges, powers, franchises, and immunities
and subject to all the liabilities and duties of each of the consolidating corporations. The
rights, privileges, powers, franchises, and immunities of each of the corporations and
all property, and all debts owing on whatever account, and all other things in action of
or belonging to each of the corporations are vested in the consolidated corporation, and
all property, rights, privileges, powers, franchises, immunities, and other interests are
thereafter as effectually the property of the consolidated corporation as they were of the
several and respective constituent corporations. All rights of creditors and all liens upon
the property of either of the constituent corporations are preserved unimpaired, and are
limited in lien to the property affected by the lien at the time of the consolidation. All
debts, liabilities, and duties of the constituent corporations attach to the consolidated
corporation and may be enforced against it to the same extent as if the debts, liabilities,
and duties had been incurred or contracted by it.

    Sec. 68. Minnesota Statutes 2006, section 300.64, subdivision 4, is amended to read:
    Subd. 4. Elimination or limitation of liability. A director's personal liability to the
corporation or its stockholders or members for monetary damages for breach of fiduciary
duty as a director may be eliminated or limited in the certificate. The certificate shall not
eliminate or limit the liability of a director:
(1) for a breach of the director's duty of loyalty to the corporation or its stockholders
or members;
(2) for acts or omissions not in good faith or that involve intentional misconduct
or a knowing violation of law;
(3) for acts prohibited under Minnesota Statutes 2004, section 300.60;
(4) under subdivision 1, 2, or 3;
(5) for a transaction from which the director derived an improper personal benefit; or
(6) for an act or omission occurring prior to the date when the provision in the
certificate eliminating or limiting liability becomes effective.

    Sec. 69. Minnesota Statutes 2006, section 321.0108, is amended to read:
321.0108 NAME.
(a) The name of a limited partnership may contain the name of any partner.
(b) The name of a limited partnership that is not a limited liability limited partnership
must contain the phrase "limited partnership" or the abbreviation "L.P." or "LP" and may
not contain the phrase "limited liability limited partnership" or the abbreviation "LLLP"
or "L.L.L.P."
(c) Except as provided in section 321.1206(d)(1) 321.1206(e)(1), the name of a
limited liability limited partnership must contain the phrase "limited liability limited
partnership" or the abbreviation "LLLP" or "L.L.L.P." and must not otherwise contain
the abbreviation "L.P." or "LP."
(d) The limited partnership name shall not contain a word or phrase that indicates or
implies that it is formed for a purpose other than a legal purpose.
(e) The limited partnership name shall be distinguishable upon the records in the
Office of the Secretary of State from the name of each domestic corporation, limited
partnership, limited liability partnership, and limited liability company, whether profit or
nonprofit, and each foreign corporation, limited partnership, limited liability partnership,
and limited liability company authorized or registered to do business in this state, whether
profit or nonprofit, and each name the right to which is, at the time of formation, reserved
as provided for in sections 302A.117, 322A.03, 322B.125, or 333.001 to 333.54, unless
there is filed with the certificate of limited partnership one of the following:
(1) the written consent of the domestic corporation, limited partnership, limited
liability partnership, or limited liability company, or the foreign corporation, limited
partnership, limited liability partnership, or limited liability company authorized or
registered to do business in this state or the holder of a reserved name or a name filed by
or registered with the secretary of state under sections 333.001 to 333.54 having a name
that is not distinguishable;
(2) a certified copy of a final decree of a court in this state establishing the prior right
of the applicant to the use of the name in this state; or
(3) the applicant's affidavit that the corporation, limited partnership, or limited
liability company with the name that is not distinguishable has been incorporated or on file
in this state for at least three years prior to the affidavit, if it is a domestic corporation,
limited partnership, or limited liability company, or has been authorized or registered to
do business in this state for at least three years prior to the affidavit, if it is a foreign
corporation, limited partnership, or limited liability company, or that the holder of a name
filed or registered with the secretary of state under sections 333.001 to 333.54 filed or
registered that name at least three years prior to the affidavit; that the corporation, limited
partnership, or limited liability company or holder has not during the three-year period
before the affidavit filed any document with the secretary of state; that the applicant has
mailed written notice to the corporation, limited partnership, or limited liability company
or the holder of a name filed or registered with the secretary of state under sections
333.001 to 333.54 by certified mail, return receipt requested, properly addressed to the
registered office of the corporation or limited liability company or in care of the agent of
the limited partnership, or the address of the holder of a name filed or registered with the
secretary of state under sections 333.001 to 333.54, shown in the records of the secretary
of state, stating that the applicant intends to use a name that is not distinguishable and the
notice has been returned to the applicant as undeliverable to the addressee corporation,
limited partnership, limited liability company, or holder of a name filed or registered
with the secretary of state under sections 333.001 to 333.54; that the applicant, after
diligent inquiry, has been unable to find any telephone listing for the corporation, limited
partnership, or limited liability company with the name that is not distinguishable in the
county in which is located the registered office of the corporation, limited partnership, or
limited liability company shown in the records of the secretary of state or has been unable
to find any telephone listing for the holder of a name filed or registered with the secretary
of state under sections 333.001 to 333.54 in the county in which is located the address
of the holder shown in the records of the secretary of state; and that the applicant has no
knowledge that the corporation, limited partnership, limited liability company, or holder
of a name filed or registered with the secretary of state under sections 333.001 to 333.54 is
currently engaged in business in this state.
(f) The secretary of state shall determine whether a name is distinguishable from
another name for purposes of this section and section 321.0109.
(g) This section and section 321.0109 do not abrogate or limit the law of unfair
competition or unfair practices; nor sections 333.001 to 333.54; nor the laws of the United
States with respect to the right to acquire and protect copyrights, trade names, trademarks,
service names, service marks, or any other rights to the exclusive use of names or symbols;
nor derogate the common law or the principles of equity.
(h) A limited partnership that is the surviving organization in a merger with one
or more other organizations, or that is formed by the reorganization of one or more
organizations, or that acquires by sale, lease, or other disposition to or exchange with an
organization all or substantially all of the assets of another organization, including its
name, may have the same name as that used in this state by any of the other organizations,
if the other organization whose name is sought to be used was organized under the laws
of, or is authorized to transact business in, this state.
(i) The use of a name by a limited partnership in violation of this section does not
affect or vitiate its existence, but a court in this state may, upon application of the state or
of a person interested or affected, enjoin the limited partnership from doing business under
a name assumed in violation of this section, although its certificate of limited partnership
may have been filed with the secretary of state and a certificate of formation issued.
(j) A person doing business in this state may contest the subsequent registration of a
name with the Office of the Secretary of State as provided in section 5.22.

    Sec. 70. Minnesota Statutes 2007 Supplement, section 325E.386, subdivision 1,
is amended to read:
    Subdivision 1. Penta- and octabromodiphenyl ethers. Except as provided in
subdivision 3 2, beginning January 1, 2008, a person may not manufacture, process, or
distribute in commerce a product or flame-retardant part of a product containing more
than one-tenth of one percent of pentabromodiphenyl ether or octabromodiphenyl ether
by mass.

    Sec. 71. Minnesota Statutes 2007 Supplement, section 326.91, subdivision 1, is
amended to read:
    Subdivision 1. Grounds. In addition to the grounds set forth in section 326B.082,
subdivision 11
, the commissioner may deny, suspend, limit, place conditions on, or revoke
a license or certificate of exemption, or may censure the person holding the license
or certificate of exemption, if the applicant, licensee, certificate of exemption holder,
qualifying person, or affiliate of an applicant, licensee, or certificate of exemption holder,
or other agent owner:
    (1) has filed an application for licensure or a certificate of exemption which is
incomplete in any material respect or contains any statement which, in light of the
circumstances under which it is made, is false or misleading with respect to any material
fact;
    (2) has engaged in a fraudulent, deceptive, or dishonest practice;
    (3) is permanently or temporarily enjoined by any court of competent jurisdiction
from engaging in or continuing any conduct or practice involving any aspect of the
business;
    (4) has failed to reasonably supervise employees, agents, subcontractors, or
salespersons, or has performed negligently or in breach of contract, so as to cause injury
or harm to the public;
    (5) has violated or failed to comply with any provision of sections 326.83 to 326.98,
any rule or order under sections 326.83 to 326.98, or any other law, rule, or order related
to the duties and responsibilities entrusted to the commissioner;
    (6) has been convicted of a violation of the State Building Code or has refused to
comply with a notice of violation or stop order issued by a certified building official, or in
local jurisdictions that have not adopted the State Building Code has refused to correct a
violation of the State Building Code when the violation has been documented or a notice
of violation or stop order issued by a certified building official has been received;
    (7) has failed to use the proceeds of any payment made to the licensee for the
construction of, or any improvement to, residential real estate, as defined in section 326.83,
subdivision 17
, for the payment of labor, skill, material, and machinery contributed to the
construction or improvement, knowing that the cost of any labor performed, or skill,
material, or machinery furnished for the improvement remains unpaid;
    (8) has not furnished to the person making payment either a valid lien waiver as to
any unpaid labor performed, or skill, material, or machinery furnished for an improvement,
or a payment bond in the basic amount of the contract price for the improvement
conditioned for the prompt payment to any person or persons entitled to payment;
    (9) has engaged in an act or practice that results in compensation to an aggrieved
owner or lessee from the contractor recovery fund pursuant to section 36B.825 326B.89,
unless:
    (i) the applicant or licensee has repaid the fund twice the amount paid from the fund,
plus interest at the rate of 12 percent per year; and
    (ii) the applicant or licensee has obtained a surety bond in the amount of at least
$40,000, issued by an insurer authorized to transact business in this state;
    (10) has engaged in bad faith, unreasonable delays, or frivolous claims in defense
of a civil lawsuit or arbitration arising out of their activities as a licensee or certificate
of exemption holder under this chapter;
    (11) has had a judgment entered against them for failure to make payments to
employees, subcontractors, or suppliers, that the licensee has failed to satisfy and all
appeals of the judgment have been exhausted or the period for appeal has expired;
    (12) if unlicensed, has obtained a building permit by the fraudulent use of a fictitious
license number or the license number of another, or, if licensed, has knowingly allowed
an unlicensed person to use the licensee's license number for the purpose of fraudulently
obtaining a building permit; or has applied for or obtained a building permit for an
unlicensed person;
    (13) has made use of a forged mechanic's lien waiver under chapter 514;
    (14) has provided false, misleading, or incomplete information to the commissioner
or has refused to allow a reasonable inspection of records or premises;
    (15) has engaged in an act or practice whether or not the act or practice directly
involves the business for which the person is licensed, that demonstrates that the applicant
or licensee is untrustworthy, financially irresponsible, or otherwise incompetent or
unqualified to act under the license granted by the commissioner; or
    (16) has failed to comply with requests for information, documents, or other requests
from the department within the time specified in the request or, if no time is specified,
within 30 days of the mailing of the request by the department.

    Sec. 72. Minnesota Statutes 2006, section 332.30, is amended to read:
332.30 ACCELERATED MORTGAGE PAYMENT PROVIDER; BOND
REQUIREMENTS.
(a) Before beginning business in this state, an accelerated mortgage payment
provider, as defined in section 332.13, subdivision 2, clause (10) 332A.02, subdivision 8,
clause (9), shall submit to the commissioner of commerce an authorization fee of $250
and either:
(1) a surety bond in which the accelerated mortgage payment provider is the obligor,
in an amount determined by the commissioner; or
(2) if the commissioner agrees to accept it, a deposit:
(i) in cash in an amount equivalent to the bond amount; or
(ii) of authorized securities, as defined in section 50.14, with an aggregate market
value equal to the bond amount. The cash or securities must be deposited with the
commissioner of finance.
(b) The amount of the bond required by the commissioner shall vary with the amount
of Minnesota client funds held or to be held by the obligor. For new businesses, the bond
must be no less than $100,000, except as provided in section 332.301. The commissioner
may increase the required bond amount upon 30 days' notice to the accelerated mortgage
payment provider.
(c) If a bond is submitted, it must name as surety an insurance company authorized
to transact fidelity and surety business in this state. The bond must run to the state of
Minnesota for the use of the state and of any person who may have a claim against the
obligor arising out of the obligor's activities as an accelerated mortgage payment provider.
The bond must be conditioned that the obligor will not commit any fraudulent act and
will faithfully conform to and abide by the provisions of accelerated mortgage payment
agreements with Minnesota residents.
If an accelerated mortgage payment provider has failed to account to a mortgagor
or distribute funds to the mortgagee as required by an accelerated mortgage payment
agreement, the mortgagor or the mortgagor's legal representative or receiver or the
commissioner shall have, in addition to any other legal remedies, a right of action in the
name of the debtor on the bond or the security given pursuant to this section.

    Sec. 73. Minnesota Statutes 2007 Supplement, section 352.01, subdivision 2b, is
amended to read:
    Subd. 2b. Excluded employees. "State employee" does not include:
    (1) students employed by the University of Minnesota, or the state colleges and
universities, unless approved for coverage by the Board of Regents of the University of
Minnesota or the Board of Trustees of the Minnesota State Colleges and Universities,
whichever is applicable;
    (2) employees who are eligible for membership in the state Teachers Retirement
Association, except employees of the Department of Education who have chosen or may
choose to be covered by the general state employees retirement plan of the Minnesota
State Retirement System instead of the Teachers Retirement Association;
    (3) employees of the University of Minnesota who are excluded from coverage by
action of the Board of Regents;
    (4) officers and enlisted personnel in the National Guard and the naval militia who
are assigned to permanent peacetime duty and who under federal law are or are required to
be members of a federal retirement system;
    (5) election officers;
    (6) persons who are engaged in public work for the state but who are employed
by contractors when the performance of the contract is authorized by the legislature or
other competent authority;
    (7) officers and employees of the senate, or of the house of representatives, or of a
legislative committee or commission who are temporarily employed;
    (8) receivers, jurors, notaries public, and court employees who are not in the judicial
branch as defined in section 43A.02, subdivision 25, except referees and adjusters
employed by the Department of Labor and Industry;
    (9) patient and inmate help in state charitable, penal, and correctional institutions
including the Minnesota Veterans Home;
    (10) persons who are employed for professional services where the service is
incidental to their regular professional duties and whose compensation is paid on a per
diem basis;
    (11) employees of the Sibley House Association;
    (12) the members of any state board or commission who serve the state intermittently
and are paid on a per diem basis; the secretary, secretary-treasurer, and treasurer of those
boards if their compensation is $5,000 or less per year, or, if they are legally prohibited
from serving more than three years; and the board of managers of the State Agricultural
Society and its treasurer unless the treasurer is also its full-time secretary;
    (13) state troopers and persons who are described in section 352B.01, subdivision 2,
clauses (2) to (6);
    (14) temporary employees of the Minnesota State Fair who are employed on or
after July 1 for a period not to extend beyond October 15 of that year; and persons who
are employed at any time by the state fair administration for special events held on the
fairgrounds;
    (15) emergency employees who are in the classified service; except that if an
emergency employee, within the same pay period, becomes a provisional or probationary
employee on other than a temporary basis, the employee shall be considered a "state
employee" retroactively to the beginning of the pay period;
    (16) temporary employees in the classified service, and temporary employees in the
unclassified service who are appointed for a definite period of not more than six months
and who are employed less than six months in any one-year period;
    (17) interns hired for six months or less and trainee employees, except those listed in
subdivision 2a, clause (8);
    (18) persons whose compensation is paid on a fee basis or as an independent
contractor;
    (19) state employees who are employed by the Board of Trustees of the Minnesota
State Colleges and Universities in unclassified positions enumerated in section 43A.08,
subdivision 1
, clause (9);
    (20) state employees who in any year have credit for 12 months service as teachers
in the public schools of the state and as teachers are members of the Teachers Retirement
Association or a retirement system in St. Paul, Minneapolis, or Duluth, except for
incidental employment as a state employee that is not covered by one of the teacher
retirement associations or systems;
    (21) employees of the adjutant general who are employed on an unlimited
intermittent or temporary basis in the classified or unclassified service for the support of
Army and Air National Guard training facilities;
    (22) chaplains and nuns who are excluded from coverage under the federal Old
Age, Survivors, Disability, and Health Insurance Program for the performance of service
as specified in United States Code, title 42, section 410(a)(8)(A), as amended, if no
irrevocable election of coverage has been made under section 3121(r) of the Internal
Revenue Code of 1986, as amended through December 31, 1992;
    (23) examination monitors who are employed by departments, agencies,
commissions, and boards to conduct examinations required by law;
    (24) persons who are appointed to serve as members of fact-finding commissions or
adjustment panels, arbitrators, or labor referees under chapter 179;
    (25) temporary employees who are employed for limited periods under any state or
federal program for training or rehabilitation, including persons who are employed for
limited periods from areas of economic distress, but not including skilled and supervisory
personnel and persons having civil service status covered by the system;
    (26) full-time students who are employed by the Minnesota Historical Society
intermittently during part of the year and full-time during the summer months;
    (27) temporary employees who are appointed for not more than six months, of
the Metropolitan Council and of any of its statutory boards, if the board members are
appointed by the Metropolitan Council;
    (28) persons who are employed in positions designated by the Department of
Employee Relations as student workers;
    (29) members of trades who are employed by the successor to the Metropolitan
Waste Control Commission, who have trade union pension plan coverage under a
collective bargaining agreement, and who are first employed after June 1, 1977;
    (30) off-duty peace officers while employed by the Metropolitan Council;
    (31) persons who are employed as full-time police officers by the Metropolitan
Council and as police officers are members of the public employees police and fire fund;
    (32) persons who are employed as full-time firefighters by the Department of Military
Affairs and as firefighters are members of the public employees police and fire fund;
    (33) foreign citizens with a work permit of less than three years, or an H-1b/JV visa
valid for less than three years of employment, unless notice of extension is supplied which
allows them to work for three or more years as of the date the extension is granted, in
which case they are eligible for coverage from the date extended; and
    (34) persons who are employed by the Board of Trustees of the Minnesota State
Colleges and Universities and who elect elected to remain members of the Public
Employees Retirement Association or the Minneapolis Employees Retirement Fund,
whichever applies, under Minnesota Statutes 1994, section 136C.75.

    Sec. 74. Minnesota Statutes 2006, section 352.03, subdivision 11, is amended to read:
    Subd. 11. Legal adviser, attorney general. The attorney general shall be the legal
adviser of the board and of the director. The board may sue or be sued or petitioned
under this section in the name of the board of directors of the system. In actions brought
by it or against it, the board shall be represented by the attorney general and, except as
provided in section 352.031, subdivision 9, 356.96, subdivision 13, venue of actions shall
be in the Ramsey County District Court.

    Sec. 75. Minnesota Statutes 2006, section 352.119, subdivision 3, is amended to read:
    Subd. 3. Increases made automatically. Notwithstanding section 356.18, Increases
in benefit payments under this section will be made automatically unless the intended
recipient files written notice with the system requesting that the increase not be made.

    Sec. 76. Minnesota Statutes 2006, section 354.07, subdivision 3, is amended to read:
    Subd. 3. Attorney general; venue. The attorney general shall be legal advisor to
the board and the executive director. The board may sue or be sued or petitioned under
section 354.071 356.96 in the name of the board of trustees of the Teachers Retirement
Association. In all actions brought by or against it the board shall be represented by the
attorney general. Except as provided in section 354.071, subdivision 9 356.96, subdivision
13, venue of all actions is in the Ramsey County District Court.

    Sec. 77. Minnesota Statutes 2006, section 354A.12, subdivision 1, is amended to read:
    Subdivision 1. Employee contributions. The contribution required to be paid by
each member of a teachers retirement fund association shall not be less than the percentage
of total salary specified below for the applicable association and program:

Association and Program
Percentage of

Total Salary


Duluth Teachers Retirement Fund
Association

old law and new law

coordinated programs
5.5 percent


St. Paul Teachers Retirement Fund
Association

basic program
8 percent

coordinated program
5.5 percent
Contributions shall be made by deduction from salary and must be remitted directly
to the respective teachers retirement fund association at least once each month.

    Sec. 78. Minnesota Statutes 2006, section 354A.12, subdivision 2a, is amended to read:
    Subd. 2a. Employer regular and additional contribution rates. (a) The
employing units shall make the following employer contributions to teachers retirement
fund associations:
(1) for any coordinated member of a teachers retirement fund association in a city
of the first class, the employing unit shall pay the employer Social Security taxes in
accordance with section 355.46, subdivision 3, clause (b);
(2) for any coordinated member of one of the following teachers retirement fund
associations in a city of the first class, the employing unit shall make a regular employer
contribution to the respective retirement fund association in an amount equal to the
designated percentage of the salary of the coordinated member as provided below:

Duluth Teachers Retirement

Fund Association
4.50 percent

St. Paul Teachers Retirement

Fund Association
4.50 percent
(3) for any basic member of the St. Paul Teachers Retirement Fund Association, the
employing unit shall make a regular employer contribution to the respective retirement
fund in an amount equal to 8.00 percent of the salary of the basic member;
(4) for a basic member of the St. Paul Teachers Retirement Fund Association, the
employing unit shall make an additional employer contribution to the respective fund in
an amount equal to 3.64 percent of the salary of the basic member;
(5) for a coordinated member of a teachers retirement fund association in a city
of the first class, the employing unit shall make an additional employer contribution to
the respective fund in an amount equal to the applicable percentage of the coordinated
member's salary, as provided below:

Duluth Teachers Retirement

Fund Association
1.29 percent

St. Paul Teachers Retirement

Fund Association

July 1, 1993 - June 30, 1994
0.50 percent

July 1, 1994 - June 30, 1995
1.50 percent

July 1, 1997, and thereafter
3.84 percent
(b) The regular and additional employer contributions must be remitted directly to
the respective teachers retirement fund association at least once each month. Delinquent
amounts are payable with interest under the procedure in subdivision 1a.
(c) Payments of regular and additional employer contributions for school district
or technical college employees who are paid from normal operating funds must be made
from the appropriate fund of the district or technical college.

    Sec. 79. Minnesota Statutes 2006, section 356.30, subdivision 1, is amended to read:
    Subdivision 1. Eligibility; computation of annuity. (a) Notwithstanding any
provisions of the laws governing the retirement plans enumerated in subdivision 3, a
person who has met the qualifications of paragraph (b) may elect to receive a retirement
annuity from each enumerated retirement plan in which the person has at least one-half
year of allowable service, based on the allowable service in each plan, subject to the
provisions of paragraph (c).
(b) A person may receive, upon retirement, a retirement annuity from each
enumerated retirement plan in which the person has at least one-half year of allowable
service, and augmentation of a deferred annuity calculated at the appropriate rate under
the laws governing each public pension plan or fund named in subdivision 3, based on
the date of the person's initial entry into public employment from the date the person
terminated all public service if:
(1) the person has allowable service totaling an amount that allows the person to
receive an annuity in any two or more of the enumerated plans; and
(2) the person has not begun to receive an annuity from any enumerated plan or the
person has made application for benefits from each applicable plan and the effective
dates of the retirement annuity with each plan under which the person chooses to receive
an annuity are within a one-year period.
(c) The retirement annuity from each plan must be based upon the allowable service,
accrual rates, and average salary in the applicable plan except as further specified or
modified in the following clauses:
(1) the laws governing annuities must be the law in effect on the date of termination
from the last period of public service under a covered retirement plan with which the
person earned a minimum of one-half year of allowable service credit during that
employment;
(2) the "average salary" on which the annuity from each covered plan in which
the employee has credit in a formula plan must be based on the employee's highest five
successive years of covered salary during the entire service in covered plans;
(3) the accrual rates to be used by each plan must be those percentages prescribed by
each plan's formula as continued for the respective years of allowable service from one
plan to the next, recognizing all previous allowable service with the other covered plans;
(4) the allowable service in all the plans must be combined in determining eligibility
for and the application of each plan's provisions in respect to reduction in the annuity
amount for retirement prior to normal retirement age; and
(5) the annuity amount payable for any allowable service under a nonformula plan
of a covered plan must not be affected, but such service and covered salary must be used
in the above calculation.
(d) This section does not apply to any person whose final termination from the last
public service under a covered plan was before May 1, 1975.
(e) For the purpose of computing annuities under this section, the accrual rates
used by any covered plan, except the public employees police and fire plan, the judges
retirement fund, and the State Patrol retirement plan, must not exceed the percent specified
in section 356.315, subdivision 4, per year of service for any year of service or fraction
thereof. The formula percentage used by the judges retirement fund must not exceed the
percentage rate specified in section 356.315, subdivision 8, per year of service for any
year of service or fraction thereof. The accrual rate used by the public employees police
and fire plan and the State Patrol retirement plan must not exceed the percentage rate
specified in section 356.315, subdivision 6, per year of service for any year of service or
fraction thereof. The accrual rate or rates used by the legislators retirement plan and the
elective state officers retirement plan must not exceed 2.5 percent, but this limit does not
apply to the adjustment provided under section 3A.02, subdivision 1, paragraph (c), or
352C.031, paragraph (b).
(f) Any period of time for which a person has credit in more than one of the covered
plans must be used only once for the purpose of determining total allowable service.
(g) If the period of duplicated service credit is more than one-half year, or the person
has credit for more than one-half year, with each of the plans, each plan must apply its
formula to a prorated service credit for the period of duplicated service based on a fraction
of the salary on which deductions were paid to that fund for the period divided by the total
salary on which deductions were paid to all plans for the period.
(h) If the period of duplicated service credit is less than one-half year, or when
added to other service credit with that plan is less than one-half year, the service credit
must be ignored and a refund of contributions made to the person in accord with that
plan's refund provisions.

    Sec. 80. Minnesota Statutes 2006, section 356.65, subdivision 2, is amended to read:
    Subd. 2. Disposition of abandoned amounts. Any unclaimed public pension fund
amounts existing in any public pension fund are presumed to be abandoned, but are not
subject to the provisions of sections 345.31 to 345.60. Unless the benefit plan of the public
pension fund specifically provides for a different disposition of unclaimed or abandoned
funds or amounts, any unclaimed public pension fund amounts cancel and must be
credited to the public pension fund. If the unclaimed public pension fund amount exceeds
$25 and the inactive or former member again becomes a member of the applicable public
pension plan or applies for a retirement annuity under section 3A.12, 352.72, 352B.30,
352C.051, 353.71, 354.60, 356.30, or 422A.16, subdivision 8, whichever applies, the
canceled amount must be restored to the credit of the person.

    Sec. 81. Minnesota Statutes 2006, section 386.015, subdivision 5, is amended to read:
    Subd. 5. Public and private fees. The county recorder shall charge and collect all
fees as prescribed by law and all such fees collected as county recorder shall be paid to the
county in the manner and at the time prescribed by the county board, but not less often
than once each month. This subdivision shall apply to the fees collected by the county
recorder in performing the duties of the registrar of titles and all such fees shall be paid
to the county as herein provided except that money paid to the registrar of titles for the
state general fund as provided in section 508.74 shall be paid to the county as provided
in section 508.75. A county recorder may retain as personal compensation any fees the
recorder is permitted to charge by law for services rendered in a private capacity as a
registered abstracter as defined in section 386.61, subdivision 2, clause (2).

    Sec. 82. Minnesota Statutes 2006, section 422A.101, subdivision 2, is amended to read:
    Subd. 2. Contributions by or for city-owned public utilities, improvements, or
municipal activities. Contributions by or for any city-owned public utility, improvement
project, and other municipal activities supported in whole or in part by revenues other than
real estate taxes, any public corporation, any employing unit of metropolitan government,
Special School District No. 1, or Hennepin County, on account of any employee covered
by the fund, shall be calculated as follows:
(a) a regular employer contribution of an amount equal to the percentage rounded to
the nearest two decimal places of the salaries and wages of all employees of the employing
unit covered by the retirement fund which equals the difference between the level normal
cost plus administrative cost reported in the annual actuarial valuation prepared by the
actuary retained under section 356.214 and the employee contributions provided for
in section 422A.10;
(b) an additional employer contribution of an amount equal to the percent specified
in section 353.27, subdivision 3a, clause (a), multiplied by the salaries and wages of all
employees of the employing unit covered by the retirement fund;
(c) a proportional share of an additional employer amortization contribution of an
amount equal to $3,900,000 annually until June 30, 2020, based upon the share of the
fund's unfunded actuarial accrued liability attributed to the employer as disclosed in the
annual actuarial valuation prepared by the actuary retained under section 356.214.
The city council or any board or commission may, by proper action, provide for the
inclusion of the cost of the retirement contributions for employees of any city-owned
public utility or for persons employed in any improvement project or other municipal
activity supported in whole or in part by revenues other than taxes who are covered by
the retirement fund in the cost of operating the utility, improvement project, or municipal
activity. The cost of retirement contributions for these employees shall be determined by
the retirement board and the respective governing bodies having jurisdiction over the
financing of these operating costs.
The cost of the employer contributions on behalf of employees of Special School
District No. 1 who are covered by the retirement fund shall be the obligation of the school
district. Contributions by the school district to the retirement fund or any other public
pension or retirement fund of which its employees are members must be remitted to the
fund each month. An amount due and not transmitted begins to accrue interest at the rate
of six percent compounded annually 15 days after the date due. The retirement board shall
prepare an itemized statement of the financial requirements of the fund payable by the
school district, which shall be submitted prior to September 15. Contributions by the
school district shall be made at times designated by the retirement board. The school
district may levy for its contribution to the retirement fund only to the extent permitted
pursuant to section 126C.41, subdivision 3.
The cost of the employer contributions on behalf of elective officers or other
employees of Hennepin County who are covered by the retirement fund pursuant to
section 422A.09, subdivision 3, clause (2), or 422A.22, subdivision 2, or 488A.115,
or Laws 1973, chapter 380, section 3, Laws 1975, chapter 402, section 2, or any other
applicable law shall be the obligation of Hennepin County. The retirement board shall
prepare an itemized statement of the financial requirements of the fund payable by
Hennepin County, which shall be submitted prior to September 15. Contributions by
Hennepin County shall be made at times designated by the retirement board. Hennepin
County may levy for its contribution to the retirement fund.

    Sec. 83. Minnesota Statutes 2006, section 424A.02, subdivision 8a, is amended to read:
    Subd. 8a. Purchase of annuity contracts. A relief association providing a
lump-sum service pension, if the governing articles of incorporation or bylaws so provide,
may purchase an annuity contract on behalf of a retiring member in an amount equal
to the service pension otherwise payable at the request of the person and in place of a
direct payment to the person. The annuity contract must be purchased from an insurance
carrier licensed to do business in this state and approved for this product by the commerce
commissioner under section 60A.40.

    Sec. 84. Minnesota Statutes 2007 Supplement, section 446A.051, subdivision 1,
is amended to read:
    Subdivision 1. Determination of financial assistance. The authority shall assist
eligible recipients in determining what grants or loans under sections 446A.06, 446A.07,
446A.072, 446A.073, 446A.074, 446A.075, and 446A.081
to apply for to finance projects
and the manner in which the eligible recipient will pay for its portion of the project cost.

    Sec. 85. Minnesota Statutes 2006, section 458D.18, subdivision 9, is amended to read:
    Subd. 9. Real, personal property. The board may acquire by purchase, lease,
condemnation, gift, or grant, any real or personal property including positive and negative
easements and water and air rights, and it may construct, enlarge, improve, replace, repair,
maintain, and operate any interceptor, treatment works, or water facilities determined to
be necessary or convenient for the collection and disposal of sewage in the district. Any
local government unit and the commissioners of highways and natural resources are
authorized to convey to or permit the use of any such facilities owned or controlled by it,
by the board, subject to the rights of the holders of any bonds issued with respect thereto,
with or without compensation, without an election or approval by any other government
unit or agency. All powers conferred by this subdivision may be exercised both within or
without the district as may be necessary for the exercise by the board of its powers or the
accomplishments of its purposes. The board may hold, lease, convey or otherwise dispose
of such property for its purposes upon such terms and in such manner as it shall deem
advisable. Unless otherwise provided, the right to acquire lands and property rights by
condemnation shall be exercised in accordance with sections 117.011 117.012 to 117.56,
and shall apply to any property or interest therein owned by any local government unit;
provided, that no such property devoted to an actual public use at the time, or held to
be devoted to such use within a reasonable time, shall be so acquired unless a court of
competent jurisdiction shall determine that the use proposed by the board is paramount to
such use. Except in case of property in actual public use, the board may take possession
of any property for which condemnation proceedings have been commenced at any time
after the issuance of a court order appointing commissioners for its condemnation.

    Sec. 86. Minnesota Statutes 2006, section 469.153, subdivision 2, is amended to read:
    Subd. 2. Project. (a) "Project" means (1) any properties, real or personal, used
or useful in connection with a revenue producing enterprise, or any combination of
two or more such enterprises engaged or to be engaged in generating, transmitting, or
distributing electricity, assembling, fabricating, manufacturing, mixing, processing,
storing, warehousing, or distributing any products of agriculture, forestry, mining, or
manufacture, or in research and development activity in this field; (2) any properties, real
or personal, used or useful in the abatement or control of noise, air, or water pollution, or
in the disposal of solid wastes, in connection with a revenue producing enterprise, or any
combination of two or more such enterprises engaged or to be engaged in any business
or industry; (3) any properties, real or personal, used or useful in connection with the
business of telephonic communications, conducted or to be conducted by a telephone
company, including toll lines, poles, cables, switching, and other electronic equipment
and administrative, data processing, garage, and research and development facilities;
(4) any properties, real or personal, used or useful in connection with a district heating
system, consisting of the use of one or more energy conversion facilities to produce hot
water or steam for distribution to homes and businesses, including cogeneration facilities,
distribution lines, service facilities, and retrofit facilities for modifying the user's heating
or water system to use the heat energy converted from the steam or hot water.
(b) "Project" also includes any properties, real or personal, used or useful in
connection with a revenue producing enterprise, or any combination of two or more
such enterprises engaged in any business.
(c) "Project" also includes any properties, real or personal, used or useful for the
promotion of tourism in the state. Properties may include hotels, motels, lodges, resorts,
recreational facilities of the type that may be acquired under section 471.191, and related
facilities.
(d) "Project" also includes any properties, real or personal, used or useful in
connection with a revenue producing enterprise, whether or not operated for profit,
engaged in providing health care services, including hospitals, nursing homes, and related
medical facilities.
(e) "Project" does not include any property to be sold or to be affixed to or consumed
in the production of property for sale, and does not include any housing facility to be
rented or used as a permanent residence.
(f) "Project" also means the activities of any revenue producing enterprise involving
the construction, fabrication, sale, or leasing of equipment or products to be used in
gathering, processing, generating, transmitting, or distributing solar, wind, geothermal,
biomass, agricultural or forestry energy crops, or other alternative energy sources for
use by any person or any residential, commercial, industrial, or governmental entity in
heating, cooling, or otherwise providing energy for a facility owned or operated by that
person or entity.
(g) "Project" also includes any properties, real or personal, used or useful in
connection with a county jail, county regional jail, community corrections facilities
authorized by chapter 401, or other law enforcement facilities, the plans for which are
approved by the commissioner of corrections; provided that the provisions of section
469.155, subdivisions 7 and 13, do not apply to those projects.
(h) "Project" also includes any real properties used or useful in furtherance of the
purposes purpose and policies policy of sections 469.135 to section 469.141.
(i) "Project" also includes related facilities as defined by section 471A.02,
subdivision 11
.
(j) "Project" also includes an undertaking to purchase the obligations of local
governments located in whole or in part within the boundaries of the municipality that are
issued or to be issued for public purposes.

    Sec. 87. Minnesota Statutes 2006, section 480.182, is amended to read:
480.182 STATE ASSUMPTION OF CERTAIN COURT COSTS.
Notwithstanding any law to the contrary, the state courts will pay for the following
court-related programs and costs:
(1) court interpreter program costs, including the costs of hiring court interpreters;
(2) guardian ad litem program and personnel costs;
(3) examination costs, not including hospitalization or treatment costs, for mental
commitments and related proceedings under chapter 253B;
(4) examination costs under rule 20 of the Rules of Criminal Procedure;
(5) in forma pauperis costs;
(6) costs for transcripts mandated by statute, except in appeal cases and
postconviction cases handled by the Board of Public Defense;
(7) jury program costs; and
(8) witness fees and mileage fees specified in sections 253B.23, subdivision 1;
260B.152, subdivision 2; 260C.152, subdivision 2; 260B.331, subdivision 3, clause (a);
260C.152, subdivision 2; 260C.331, subdivision 3, clause (a); 357.24; 357.32; 525.012,
subdivision 5
; and 627.02.

    Sec. 88. Minnesota Statutes 2006, section 484.012, is amended to read:
484.012 COURT ADMINISTRATOR OF PROBATE COURT, SECOND
JUDICIAL DISTRICT.
Notwithstanding section 525.09 The judicial district administrator in the Second
Judicial District may appoint a court administrator of the Probate Court for the district
subject to the approval of the chief judge and assistant chief judge who shall serve at the
pleasure of the judges of the district, and who shall be supervised by the judicial district
administrator.

    Sec. 89. Minnesota Statutes 2006, section 501B.86, subdivision 2, is amended to read:
    Subd. 2. Who may disclaim. A beneficiary may disclaim an interest in whole or in
part, or with reference to specific parts, shares, portions, or assets, by filing a disclaimer in
court in the manner provided in this section. A guardian or conservator of the estate of a
minor or an incapacitated person under section 525.54 sections 524.5-101 to 524.5-502,
the Uniform Guardianship and Protective Proceedings Act, or the personal representative
of the estate of a deceased beneficiary may execute and file a disclaimer on behalf of the
beneficiary if that representative considers it not detrimental to the best interests of the
beneficiary and in the best interests of those interested in the beneficiary's estate and of
those who take the beneficiary's interest by virtue of the disclaimer. The representative
may file the disclaimer with or without a court order within the time specified in
subdivision 3. A beneficiary may file a disclaimer by an attorney or attorney-in-fact.

    Sec. 90. Minnesota Statutes 2006, section 508A.22, subdivision 3, is amended to read:
    Subd. 3. Fees. Upon the filing with the registrar of titles of the examiner's directive
pursuant to subdivision 1, there shall be paid to the registrar: (1) the fee provided by
section 508A.82, subdivision 1, clause (2), for registering a first CPT, and (2) the fee
provided by section 508.74, which shall be paid to the commissioner of finance pursuant
to section 508.75.

    Sec. 91. Minnesota Statutes 2006, section 518C.310, is amended to read:
518C.310 DUTIES OF STATE INFORMATION AGENCY.
(a) The unit within the Department of Human Services that receives and disseminates
incoming interstate actions under title IV-D of the Social Security Act from section
518C.02, subdivision 1a, is the State Information Agency under this chapter.
(b) The State Information Agency shall:
(1) compile and maintain a current list, including addresses, of the tribunals in this
state which have jurisdiction under this chapter and any support enforcement agencies in
this state and transmit a copy to the state information agency of every other state;
(2) maintain a register of tribunals and support enforcement agencies received from
other states;
(3) forward to the appropriate tribunal in the place in this state in which the
individual obligee or the obligor resides, or in which the obligor's property is believed to
be located, all documents concerning a proceeding under this chapter received from an
initiating tribunal or the state information agency of the initiating state; and
(4) obtain information concerning the location of the obligor and the obligor's
property within this state not exempt from execution, by such means as postal verification
and federal or state locator services, examination of telephone directories, requests for the
obligor's address from employers, and examination of governmental records, including, to
the extent not prohibited by other law, those relating to real property, vital statistics, law
enforcement, taxation, motor vehicles, driver's licenses, and Social Security.

    Sec. 92. Minnesota Statutes 2006, section 550.04, is amended to read:
550.04 EXECUTION, HOW ISSUED; CONTENTS.
The execution shall be under the seal of the court, subscribed by the court
administrator, directed to the sheriff, or to the coroner, if the sheriff be a party or
interested, or to the judgment creditor or the judgment creditor's attorney, if issued under
section 550.041 chapter 551, and endorsed by the party applying therefor or the party's
attorney. It shall refer intelligibly to the judgment, stating the court, the county where the
judgment roll or transcript is filed, the names of the parties, the amount of the judgment,
if it be for money, the amount actually due thereon, together with accrued interest to the
date of issuance and the amount of daily interest accruing during the calendar year, and
the time of docketing in the county to which the execution is issued. When issued to the
sheriff or coroner, it shall require the officer substantially as follows:
(1) if it be against the property of the judgment debtor, to satisfy the judgment, with
interest, out of the debtor's personal property, and, if sufficient personal property cannot be
found, out of the real property belonging to the debtor on the day when the judgment was
docketed in the county, or at any time thereafter not exceeding ten years;
(2) if real property has been attached, and judgment rendered in favor of the plaintiff
in the same action, the execution thereon may also direct a sale of all the property which
the defendant had in such real estate at the time it was so attached, or at any time after
entry of judgment not exceeding ten years; in such case, if after the attachment the
judgment creditor has paid taxes on the real property and filed with the court administrator
the tax receipt, it shall be attached to the judgment roll, and the execution shall also state
that it has been filed, and the date and amount thereof, and the date of filing; and, if the
property be sold under the execution, the proceeds, after deducting the expenses of sale,
shall be first applied to the payment of the amount so paid for taxes, with interest;
(3) if it be against real or personal property in the hands of personal representatives,
heirs, devisees, legatees, trustees, or tenants of real property, it shall require the officer to
satisfy the judgment, with interest, out of such property;
(4) if it be against defendants jointly indebted on a contract, a part of whom only
have been summoned in the action, it shall issue in form against all; but the party causing
it to be issued, or the party's attorney, shall endorse thereon the names of those defendants
who have not been summoned, and it shall not be levied upon the sole property of any
such defendant; but it may be levied upon the personal property owned by such defendant
as a partner with any or all of the other defendants;
(5) if it be for delivery of the possession of real or personal property, it shall require
the officer to deliver possession of the same, particularly describing it, to the party entitled
thereto; and it may, at the same time, require the officer to satisfy, out of the personal
property of the party against whom the judgment was rendered, any costs, charges,
damages, rents, or profits recovered thereby, and the value of the property for which the
judgment was recovered, to be specified therein, if a delivery thereof cannot be had; and if
sufficient personal property cannot be found, then out of the real property, as provided in
clause (1), and in that respect it shall be deemed an execution against property.

    Sec. 93. Minnesota Statutes 2006, section 609.101, subdivision 3, is amended to read:
    Subd. 3. Controlled substance offenses; minimum fines. (a) Notwithstanding any
other law, when a court sentences a person convicted of a controlled substance crime
under sections 152.021 to 152.025 and 152.0262, it must impose a fine of not less than
30 percent of the maximum fine authorized by law nor more than the maximum fine
authorized by law.
(b) The minimum fine required by this subdivision is in addition to the surcharge or
assessment required by section 357.021, subdivision 6, and is in addition to any sentence
of imprisonment or restitution imposed or ordered by the court.
(c) The court shall collect the fine mandated by this subdivision and forward 70
percent of it to a local drug abuse prevention program existing or being implemented in
the county in which the crime was committed. The court shall forward the remaining 30
percent to the commissioner of finance to be credited to the general fund. If more than one
drug abuse prevention program serves the county in which the crime was committed, the
court may designate on a case-by-case basis which program will receive the fine proceeds,
giving consideration to the community in which the crime was committed, the funding
needs of the program, the number of peace officers in each community certified to teach
the program, and the number of children served by the program in each community. If
no drug abuse prevention program serves communities in that county, the court shall
forward 100 percent of the fine proceeds to the commissioner of finance to be credited
to the general fund.
(d) The minimum fines required by this subdivision shall be collected as are other
fines. Fine proceeds received by a local drug abuse prevention program must be used to
support that program, and may be used for salaries of peace officers certified to teach
the program. The drug abuse resistance education program must report receipt and use
of money generated under this subdivision as prescribed by the Drug Abuse Resistance
Education Advisory Council.
(e) As used in this subdivision, "drug abuse prevention program" and "program"
include:
(1) the drug abuse resistance education program described in sections section
299A.33 and 299A.331; and
(2) any similar drug abuse education and prevention program that includes the
following components:
(A) instruction for students enrolled in kindergarten through grade six that is
designed to teach students to recognize and resist pressures to experiment with controlled
substances and alcohol;
(B) provisions for parental involvement;
(C) classroom instruction by uniformed law enforcement personnel;
(D) the use of positive student leaders to influence younger students not to use
drugs; and
(E) an emphasis on activity-oriented techniques designed to encourage
student-generated responses to problem-solving situations.

    Sec. 94. Minnesota Statutes 2006, section 609.75, subdivision 1, is amended to read:
    Subdivision 1. Lottery. (a) A lottery is a plan which provides for the distribution
of money, property or other reward or benefit to persons selected by chance from among
participants some or all of whom have given a consideration for the chance of being
selected. A participant's payment for use of a 900 telephone number or another means of
communication that results in payment to the sponsor of the plan constitutes consideration
under this paragraph.
(b) An in-package chance promotion is not a lottery if all of the following are met:
(1) participation is available, free and without purchase of the package, from the
retailer or by mail or toll-free telephone request to the sponsor for entry or for a game piece;
(2) the label of the promotional package and any related advertising clearly states
any method of participation and the scheduled termination date of the promotion;
(3) the sponsor on request provides a retailer with a supply of entry forms or game
pieces adequate to permit free participation in the promotion by the retailer's customers;
(4) the sponsor does not misrepresent a participant's chances of winning any prize;
(5) the sponsor randomly distributes all game pieces and maintains records of
random distribution for at least one year after the termination date of the promotion;
(6) all prizes are randomly awarded if game pieces are not used in the promotion; and
(7) the sponsor provides on request of a state agency a record of the names and
addresses of all winners of prizes valued at $100 or more, if the request is made within
one year after the termination date of the promotion.
(c) Except as provided by section 349.40, acts in this state in furtherance of a lottery
conducted outside of this state are included notwithstanding its validity where conducted.
(d) The distribution of property, or other reward or benefit by an employer to persons
selected by chance from among participants, all of whom:
(1) have made a contribution through a payroll or pension deduction campaign to
a registered combined charitable organization, within the meaning of section 309.501
43A.50
; or
(2) have paid other consideration to the employer entirely for the benefit of such
a registered combined charitable organization, as a precondition to the chance of being
selected, is not a lottery if:
(i) all of the persons eligible to be selected are employed by or retirees of the
employer; and
(ii) the cost of the property or other reward or benefit distributed and all costs
associated with the distribution are borne by the employer.

    Sec. 95. Minnesota Statutes 2006, section 611.272, is amended to read:
611.272 ACCESS TO GOVERNMENT DATA.
The district public defender, the state public defender, or an attorney working for
a public defense corporation under section 611.216 has access to the criminal justice
data communications network described in section 299C.46, as provided in this section.
Access to data under this section is limited to data necessary to prepare criminal cases in
which the public defender has been appointed as follows:
(1) access to data about witnesses in a criminal case shall be limited to records of
criminal convictions; and
(2) access to data regarding the public defender's own client which includes, but
is not limited to, criminal history data under section 13.87; juvenile offender data under
section 299C.095; warrant information data under section 299C.115; incarceration data
under section 299C.14; conditional release data under section 299C.147 241.065; and
diversion program data under section 299C.46, subdivision 5.
The public defender has access to data under this section, whether accessed via CriMNet
or other methods. The public defender does not have access to law enforcement active
investigative data under section 13.82, subdivision 7; data protected under section 13.82,
subdivision 17
; confidential arrest warrant indices data under section 13.82, subdivision
19
; or data systems maintained by a prosecuting attorney. The public defender has access
to the data at no charge, except for the monthly network access charge under section
299C.46, subdivision 3, paragraph (b), and a reasonable installation charge for a terminal.
Notwithstanding section 13.87, subdivision 3; 299C.46, subdivision 3, paragraph (b);
299C.48, or any other law to the contrary, there shall be no charge to public defenders for
Internet access to the criminal justice data communications network.

    Sec. 96. REVISOR'S INSTRUCTION; CROSS REFERENCE.
In Minnesota Statutes, the revisor of statutes shall delete the range reference
"sections 115.41 to 115.54" and insert "sections 115.41 to 115.53."

    Sec. 97. REVISOR'S INSTRUCTION; "SERVICEMEMBERS CIVIL RELIEF
ACT."
In Minnesota Statutes, sections 281.273; 281.274; 281.275; 281.277; and 580.15,
the revisor shall change the term "Soldiers' and Sailors' Civil Relief Act of 1940" to
"Servicemembers Civil Relief Act." In Minnesota Statutes, section 190.055, the revisor
shall change the term "Service Members Civil Relief Act" to "Servicemembers Civil
Relief Act." In Minnesota Statutes, section 290.01, subdivision 19b, the revisor shall
change the term "Service Member Civil Relief Act" to "Servicemembers Civil Relief Act."

    Sec. 98. REPEALERS; OBSOLETE PROVISIONS; STATUTORY CONFLICTS.
    Subdivision 1. Disposal of diseased animals. Minnesota Statutes 2006, sections
35.701; and 35.96, subdivision 5, are repealed.
    Subd. 2. Consumer Advisory Board. Minnesota Statutes 2006, section 62Q.64, is
repealed.
    Subd. 3. Housing authority exemption; energy planning. Minnesota Statutes
2006, section 216C.30, subdivision 4, is repealed.
    Subd. 4. Advisory council definition. Minnesota Statutes 2006, section 256E.21,
subdivision 3, is repealed.
    Subd. 5. Liquor sales tax. Minnesota Statutes 2006, section 289A.11, subdivision
2, is repealed.
    Subd. 6. County morgue costs. Minnesota Statutes 2006, section 383D.47, is
repealed.
    Subd. 7. New airport planning. Minnesota Statutes 2006, section 473.1551,
subdivision 1, is repealed.
    Subd. 8. Baseball park preliminary planning. Minnesota Statutes 2006, section
473.553, subdivision 14, is repealed.
    Subd. 9. New airport planning. Minnesota Statutes 2006, section 473.616, is
repealed.
    Subd. 10. 1991 district court terms. Minnesota Statutes 2006, section 484.69,
subdivision 1a, is repealed.
    Subd. 11. Probate record retention. Minnesota Statutes 2006, section 525.091,
subdivision 2, is repealed.
    Subd. 12. Annexation time limit. Laws 2006, chapter 270, article 2, section 13, is
repealed.
    Subd. 13. Limited liability companies. Laws 2007, chapter 128, article 6, section
16, is repealed.
    Subd. 14. Teacher retirement. Laws 2007, chapter 134, article 1, section 8, is
repealed.
    Subd. 15. Child welfare policy. Laws 2007, chapter 147, article 1, section 32, is
repealed.

ARTICLE 2
DATA PRACTICES

    Section 1. Minnesota Statutes 2006, section 13.202, subdivision 3, is amended to read:
    Subd. 3. Hennepin County. (a) Records of closed county board meetings.
Records of Hennepin County board meetings permitted to be closed under section
383B.217, subdivision 7, are classified under that subdivision.
(b) Medical examiner investigations. Certain data on deceased persons collected or
created by the Hennepin County medical examiner are classified under section 383B.225.

    Sec. 2. Minnesota Statutes 2006, section 13.322, subdivision 1, is amended to read:
    Subdivision 1. Scope. The sections referred to in subdivisions 2 to 4 this section are
codified outside this chapter. Those sections classify higher education data as other than
public, place restrictions on access to government data, or involve data sharing.

    Sec. 3. Minnesota Statutes 2006, section 13.3806, subdivision 1, is amended to read:
    Subdivision 1. Scope. The sections referred to in subdivisions 2 to 20 this section
are codified outside this chapter. Those sections classify data on public health as other
than public, place restrictions on access to government data, or involve data sharing.

    Sec. 4. Minnesota Statutes 2006, section 13.635, subdivision 1, is amended to read:
    Subdivision 1. Scope. The sections referred to in subdivisions 2 to 4 this section
are codified outside this chapter. Those sections classify state agency data as other than
public, place restrictions on access to government data, or involve data sharing.

    Sec. 5. Minnesota Statutes 2006, section 13.681, subdivision 1, is amended to read:
    Subdivision 1. Scope. The sections referred to in subdivisions 2 to 4 this section are
codified outside this chapter. Those sections classify certain energy or utility data as other
than public, place restrictions on access to government data, or involve data sharing.

    Sec. 6. Minnesota Statutes 2006, section 13.712, subdivision 1, is amended to read:
    Subdivision 1. Scope. The sections referred to in subdivision 2 this section are
codified outside chapter 13. Those sections classify Department of Commerce data as
other than public, place restrictions on access to government data, or involve data sharing.

    Sec. 7. Minnesota Statutes 2006, section 13.83, subdivision 10, is amended to read:
    Subd. 10. Classification of certain medical examiner and coroner data. Data
described in sections 383B.225, subdivision 6, 390.11, subdivision 7, and 390.32,
subdivision 6
, shall be classified as described therein.

    Sec. 8. Minnesota Statutes 2006, section 13.871, subdivision 1, is amended to read:
    Subdivision 1. Scope. The sections referred to in subdivisions 2 to 8 this section are
codified outside this chapter. Those sections classify criminal justice data as other than
public, place restrictions on access to government data, or involve data sharing.

    Sec. 9. Minnesota Statutes 2006, section 13.871, subdivision 6, is amended to read:
    Subd. 6. Training; investigation; apprehension; reports. (a) Reports of gunshot
wounds. Disclosure of the name of a person making a report under section 626.52,
subdivision 2
, is governed by section 626.53.
(b) Child abuse report records. Data contained in child abuse report records are
classified under section 626.556.
(c) Interstate data exchange. Disclosure of child abuse reports to agencies of
another state is classified under section 626.556, subdivision 10g.
(d) Release to family court services. Release of child abuse data to a court services
agency is authorized under section 626.556, subdivision 10h.
(e) Release of data to mandated reporters. Release of child abuse data to mandated
reporters who have an ongoing responsibility for the health, education, or welfare of a
child affected by the data is authorized under section 626.556, subdivision 10j.
(f) Release of child abuse investigative records to other counties. Release of
child abuse investigative records to local welfare agencies is authorized under section
626.556, subdivision 10k.
(g) Classifying and sharing records and reports of child abuse. The classification
of child abuse data and the sharing of records and reports of child abuse by and between
local welfare agencies and law enforcement agencies are governed under section 626.556,
subdivision 11
.
(h) Disclosure of information not required in certain cases. Disclosure of certain
data obtained from interviewing a minor is governed by section 626.556, subdivision 11a.
(i) Data received from law enforcement. Classifying child abuse data received
by certain agencies from law enforcement agencies is governed under section 626.556,
subdivision 11b
.
(j) Disclosure in child fatality cases. Disclosure of information relating to a child
fatality is governed under section 626.556, subdivision 11d.
(k) Reports of alcohol abuse prenatal exposure to controlled substances. Data
on persons making reports under section 626.5563 626.5561 are classified under section
626.5563 626.5561, subdivision 5 3.
(l) Vulnerable adult report records. Data contained in vulnerable adult report
records are classified under section 626.557, subdivision 12b.
(m) Adult protection team information sharing. Sharing of local welfare agency
vulnerable adult data with a protection team is governed by section 626.5571, subdivision
3
.
(n) Child protection team. Data acquired by a case consultation committee or
subcommittee of a child protection team are classified by section 626.558, subdivision 3.
(o) Child maltreatment reports peer review panel. Sharing data of cases reviewed
by the panel is governed under section 626.5593, subdivision 2.
(p) Peace officer discipline procedures. Access by an officer under investigation
to the investigating agency's investigative report on the officer is governed by section
626.89, subdivision 6.
(q) Racial profiling study data. Racial profiling study data is governed by section
626.951.

ARTICLE 3
CLEAN WATER REVOLVING FUND

    Section 1. Minnesota Statutes 2006, section 17.117, subdivision 3, is amended to read:
    Subd. 3. Appropriations. Up to $140,000,000 of the balance in the water pollution
control clean water revolving fund in section 446A.07, as determined by the Public
Facilities Authority, is appropriated to the commissioner for the establishment of this
program. In addition, the commissioner may receive appropriations from the legislature
and grants or funds from other sources for implementation of the program.

    Sec. 2. Minnesota Statutes 2006, section 103F.725, subdivision 1a, is amended to read:
    Subd. 1a. Financial assistance; loans. (a) Up to $36,000,000 of the balance in the
water pollution control clean water revolving fund in section 446A.07, as determined by
the Public Facilities Authority, may be provided to the commissioner for the establishment
of a clean water partnership loan program.
(b) The agency may award loans for up to 100 percent of the costs associated with
activities identified by the agency as best management practices pursuant to section
319 and section 320 of the federal Water Quality Act of 1987, as amended, including
associated administrative costs.
(c) Loans may be used to finance clean water partnership grant project eligible costs
not funded by grant assistance.
(d) The interest rate, at or below market rate, and the term, not to exceed 20 years,
shall be determined by the agency in consultation with the Public Facilities Authority.
(e) The repayment must be deposited in the water pollution control clean water
revolving fund under section 446A.07.
(f) The local unit of government receiving the loan is responsible for repayment of
the loan.
(g) For the purpose of obtaining a loan from the agency, a local government unit
may provide to the agency its general obligation note. All obligations incurred by a local
government unit in obtaining a loan from the agency must be in accordance with chapter
475, except that so long as the obligations are issued to evidence a loan from the agency
to the local government unit, an election is not required to authorize the obligations
issued, and the amount of the obligations shall not be included in determining the net
indebtedness of the local government unit under the provisions of any law or chapter
limiting the indebtedness.

    Sec. 3. Minnesota Statutes 2007 Supplement, section 446A.072, subdivision 5a,
is amended to read:
    Subd. 5a. Type and amount of assistance. (a) For a governmental unit receiving
grant funding from the USDA/RECD, the authority shall provide assistance in the form
of a grant of up to one-half of the eligible grant amount determined by USDA/RECD. A
governmental unit may not receive a grant under this paragraph for more than $4,000,000
or $15,000 per existing connection, whichever is less, unless specifically approved by
law. In the case of a sanitary district or other multijurisdictional project for which the
USDA/RECD is unable to fully fund up to one-half of the eligible grant amount, the
authority may provide up to an additional $1,000,000 for each additional governmental
unit participating up to a maximum of $8,000,000 or $15,000 per existing connection,
whichever is less, but not to exceed the maximum grant level determined by the
USDA/RECD as needed to keep the project affordable.
(b) For a governmental unit not receiving grant funding from the USDA/RECD,
the authority shall provide assistance in the form of a loan for the eligible project costs
that exceed five percent of the market value of properties in the project service area,
less the amount of any other grant funding received by the governmental unit for the
project. A governmental unit may not receive a loan under this paragraph for more than
$4,000,000 or $15,000 per existing connection, whichever is less, unless specifically
approved by law. In the case of a sanitary district or other multijurisdictional project, the
authority may provide a loan under this paragraph for up to an additional $1,000,000 for
each additional municipality participating up to a maximum of $8,000,000 or $15,000
per existing connection, whichever is less, unless specifically approved by law. A loan
under this paragraph must bear no interest, must be repaid as provided in subdivision 7,
and must only be provided in conjunction with a loan from the clean water revolving fund
under section 446A.07.
(c) Notwithstanding the limits in paragraphs (a) and (b), for a governmental unit
receiving supplemental assistance under this section after January 1, 2002, if the authority
determines that the governmental unit's construction and installation costs are significantly
increased due to geological conditions of crystalline bedrock or karst areas and discharge
limits that are more stringent than secondary treatment, the authority shall provide
assistance in the form of half grant and half loan. Assistance from the authority may not
be more than $25,000 per existing connection. Any additional grant amount received
for the same project must be used to reduce the amount of the governmental unit's loan
from the water pollution control clean water revolving fund that exceeds five percent of
the market value of properties in the project service area.

    Sec. 4. REVISOR'S INSTRUCTION; CLEAN WATER REVOLVING FUND.
The revisor shall make the following changes in Minnesota Rules, chapters 4309,
7076, and 7380: substitute "clean water revolving fund" for "water pollution control
revolving fund."

ARTICLE 4
COLLATERAL SANCTION CROSS-REFERENCES

    Section 1. Minnesota Statutes 2006, section 609B.121, is amended to read:
609B.121 CHILD ABUSE, SEXUAL ABUSE, OR SIMILAR CONVICTION;
REVOCATION OR DENIAL OF TEACHER'S LICENSE.
Under section 122A.20 or any similar law of another state or the United States, a
person convicted of child abuse or sexual abuse, using minors in a sexual performance,
or possessing pornographic works involving a minor shall have the person's teaching
license revoked.

    Sec. 2. Minnesota Statutes 2006, section 609B.164, is amended to read:
609B.164 INDIVIDUAL COLLECTOR REGISTRATION; PRIOR
CONVICTIONS AS DISQUALIFICATION.
Under section 332.25 332.35, a license shall not be issued to, and registration shall
not be accepted for, any person, firm, corporation, or association, or any officers, which,
within the past five years, have been convicted in any court of fraud or any felony.

    Sec. 3. Minnesota Statutes 2006, section 609B.265, subdivision 3, is amended to read:
    Subd. 3. No issuance. Under section 171.055, subdivision 2, paragraph (b) (c),
if a holder of a provisional license during the period of provisional licensing incurs a
conviction of an offense specified in that paragraph, then that person may not be issued a
driver's license until 12 consecutive months have expired since the date of the conviction
or until the person reaches the age of 18 years, whichever occurs first.

    Sec. 4. [609B.430] MEDICAL ASSISTANCE; INCARCERATION;
ELIGIBILITY.
A person who is enrolled in medical assistance and incarcerated for less than 12
months is suspended from the program under section 256B.055, subdivision 14, paragraph
(b), from the time of incarceration until release.

    Sec. 5. Minnesota Statutes 2006, section 609B.515, is amended to read:
609B.515 DWI; VEHICLE FORFEITURE.
Under section 169A.63, a motor vehicle is subject to forfeiture if a driver is
convicted of a "designated offense," as defined in 169A.65 section 169A.63, subdivision 1.
Section 169A.63, subdivision 7, specifies limitations on vehicle forfeiture. Section
169A.63, subdivisions 8 and 9, provide for administrative forfeiture procedure and judicial
forfeiture procedure. Section 169A.63, subdivisions 10 and 11, provide for disposition of
a forfeited vehicle.

ARTICLE 5
PUBLICATION CORRECTION

    Section 1. Laws 2007, chapter 147, article 19, section 3, subdivision 4, is amended to
read:


Subd. 4. Children and Economic Assistance
Grants
The amounts that may be spent from this
appropriation for each purpose are as follows:

(a) MFIP/DWP Grants

Appropriations by Fund

General
62,069,000
62,405,000

Federal TANF
75,904,000
80,841,000

(b) Support Services Grants

Appropriations by Fund

General
8,715,000
8,715,000

Federal TANF
113,429,000
115,902,000
TANF Prior Appropriation Cancellation.
Notwithstanding Laws 2001, First Special
Session chapter 9, article 17, section
2, subdivision 11, paragraph (b), any
unexpended TANF funds appropriated to the
commissioner to contract with the Board of
Trustees of Minnesota State Colleges and
Universities, to provide tuition waivers to
employees of health care and human service
providers that are members of qualifying
consortia operating under Minnesota
Statutes, sections 116L.10 to 116L.15, must
cancel at the end of fiscal year 2007.
MFIP Pilot Program. Of the TANF
appropriation, $100,000 in fiscal year 2008
and $750,000 in fiscal year 2009 are for a
grant to the Stearns-Benton Employment and
Training Council for the Workforce U pilot
program. Base level funding for this program
shall be $750,000 in 2010 and $0 in 2011.
Supported Work. (1) Of the TANF
appropriation, $5,468,000 in fiscal year
2008 and $7,291,000 in fiscal year
2009 are for supported work for MFIP
participants, to be allocated to counties
and tribes based on the criteria under
clauses (2) and (3). Paid transitional work
experience and other supported employment
under this rider provides a continuum of
employment assistance, including outreach
and recruitment, program orientation
and intake, testing and assessment, job
development and marketing, preworksite
training, supported worksite experience, job
coaching, and postplacement follow-up, in
addition to extensive case management and
referral services. * (The preceding text
"and $7,291,000 in fiscal year 2009" was
indicated as vetoed by the governor.)
(2) A county or tribe is eligible to receive an
allocation under this rider if:
(i) the county or tribe is not meeting the
federal work participation rate;
(ii) the county or tribe has participants who
are required to perform work activities under
Minnesota Statutes, chapter 256J, but are not
meeting hourly work requirements; and
(iii) the county or tribe has assessed
participants who have completed six weeks
of job search or are required to perform
work activities and are not meeting the
hourly requirements, and the county or tribe
has determined that the participant would
benefit from working in a supported work
environment.
(3) A county or tribe may also be eligible for
funds in order to contract for supplemental
hours of paid work at the participant's child's
place of education, child care location, or the
child's physical or mental health treatment
facility or office. This grant to counties and
tribes is specifically for MFIP participants
who need to work up to five hours more
per week in order to meet the hourly work
requirement, and the participant's employer
cannot or will not offer more hours to the
participant.
Work Study. Of the TANF appropriation,
$750,000 each year are to the commissioner
to contract with the Minnesota Office of
Higher Education for the biennium beginning
July 1, 2007, for work study grants under
Minnesota Statutes, section 136A.233,
specifically for low-income individuals who
receive assistance under Minnesota Statutes,
chapter 256J, and for grants to opportunities
industrialization centers. * (The preceding
text beginning "Work Study. Of the TANF
appropriation," was indicated as vetoed
by the governor.)
Integrated Service Projects. $2,500,000
in fiscal year 2008 and $2,500,000 in fiscal
year 2009 are appropriated from the TANF
fund to the commissioner to continue to
fund the existing integrated services projects
for MFIP families, and if funding allows,
additional similar projects.
Base Adjustment. The TANF base for fiscal
year 2010 is $115,902,000 and for fiscal year
2011 is $115,152,000.

(c) MFIP Child Care Assistance Grants

General
74,654,000
71,951,000


(d) Basic Sliding Fee Child Care Assistance
Grants

General
42,995,000
45,008,000
Base Adjustment. The general fund base
is $44,881,000 for fiscal year 2010 and
$44,852,000 for fiscal year 2011.
At-Home Infant Care Program. No
funding shall be allocated to or spent on
the at-home infant care program under
Minnesota Statutes, section 119B.035.

(e) Child Care Development Grants

General
4,390,000
6,390,000
Prekindergarten Exploratory Projects. Of
the general fund appropriation, $2,000,000
the first year and $4,000,000 the second
year are for grants to the city of St. Paul,
Hennepin County, and Blue Earth County to
establish scholarship demonstration projects
to be conducted in partnership with the
Minnesota Early Learning Foundation to
promote children's school readiness. This
appropriation is available until June 30, 2009.
Child Care Services Grants. Of this
appropriation, $500,000 $250,000 each year
are for the purpose of providing child care
services grants under Minnesota Statutes,
section 119B.21, subdivision 5. This
appropriation is for the 2008-2009 biennium
only, and does not increase the base funding.
Early Childhood Professional
Development System. Of this appropriation,
$500,000 $250,000 each year are for
purposes of the early childhood professional
development system, which increases the
quality and continuum of professional
development opportunities for child care
practitioners. This appropriation is for the
2008-2009 biennium only, and does not
increase the base funding.
Base Adjustment. The general fund base
is $1,515,000 for each of fiscal years 2010
and 2011.

(f) Child Support Enforcement Grants

General
11,038,000
3,705,000
Child Support Enforcement. $7,333,000
for fiscal year 2008 is to make grants to
counties for child support enforcement
programs to make up for the loss under the
2005 federal Deficit Reduction Act of federal
matching funds for federal incentive funds
passed on to the counties by the state.
This appropriation is available until June 30,
2009.

(g) Children's Services Grants

Appropriations by Fund

General
63,647,000
71,147,000

Health Care Access
250,000
-0-

TANF
240,000
340,000
Grants for Programs Serving Young
Parents. Of the TANF fund appropriation,
$140,000 each year is for a grant to a program
or programs that provide comprehensive
services through a private, nonprofit agency
to young parents in Hennepin County who
have dropped out of school and are receiving
public assistance. The program administrator
shall report annually to the commissioner on
skills development, education, job training,
and job placement outcomes for program
participants.
County Allocations for Rate Increases.
County Children and Community Services
Act allocations shall be increased by
$197,000 effective October 1, 2007, and
$696,000 effective October 1, 2008, to help
counties pay for the rate adjustments to
day training and habilitation providers for
participants paid by county social service
funds. Notwithstanding the provisions of
Minnesota Statutes, section 256M.40, the
allocation to a county shall be based on
the county's proportion of social services
spending for day training and habilitation
services as determined in the most recent
social services expenditure and grant
reconciliation report.
Privatized Adoption Grants. Federal
reimbursement for privatized adoption grant
and foster care recruitment grant expenditures
is appropriated to the commissioner for
adoption grants and foster care and adoption
administrative purposes.
Adoption Assistance Incentive Grants.
Federal funds available during fiscal year
2008 and fiscal year 2009 for the adoption
incentive grants are appropriated to the
commissioner for these purposes.
Adoption Assistance and Relative Custody
Assistance. The commissioner may transfer
unencumbered appropriation balances for
adoption assistance and relative custody
assistance between fiscal years and between
programs.
Children's Mental Health Grants. Of the
general fund appropriation, $5,913,000 in
fiscal year 2008 and $6,825,000 in fiscal year
2009 are for children's mental health grants.
The purpose of these grants is to increase and
maintain the state's children's mental health
service capacity, especially for school-based
mental health services. The commissioner
shall require grantees to utilize all available
third party reimbursement sources as a
condition of using state grant funds. At
least 15 percent of these funds shall be
used to encourage efficiencies through early
intervention services. At least another 15
percent shall be used to provide respite care
services for children with severe emotional
disturbance at risk of out-of-home placement.
Mental Health Crisis Services. Of the
general fund appropriation, $2,528,000 in
fiscal year 2008 and $2,850,000 in fiscal year
2009 are for statewide funding of children's
mental health crisis services. Providers must
utilize all available funding streams.
Children's Mental Health Evidence-Based
and Best Practices. Of the general fund
appropriation, $375,000 in fiscal year 2008
and $750,000 in fiscal year 2009 are for
children's mental health evidence-based and
best practices including, but not limited
to: Adolescent Integrated Dual Diagnosis
Treatment services; school-based mental
health services; co-location of mental
health and physical health care, and; the
use of technological resources to better
inform diagnosis and development of
treatment plan development by mental
health professionals. The commissioner
shall require grantees to utilize all available
third-party reimbursement sources as a
condition of using state grant funds.
Culturally Specific Mental Health
Treatment Grants. Of the general fund
appropriation, $75,000 in fiscal year 2008
and $300,000 in fiscal year 2009 are for
children's mental health grants to support
increased availability of mental health
services for persons from cultural and
ethnic minorities within the state. The
commissioner shall use at least 20 percent
of these funds to help members of cultural
and ethnic minority communities to become
qualified mental health professionals and
practitioners. The commissioner shall assist
grantees to meet third-party credentialing
requirements and require them to utilize all
available third-party reimbursement sources
as a condition of using state grant funds.
Mental Health Services for Children with
Special Treatment Needs. Of the general
fund appropriation, $50,000 in fiscal year
2008 and $200,000 in fiscal year 2009 are
for children's mental health grants to support
increased availability of mental health
services for children with special treatment
needs. These shall include, but not be limited
to: victims of trauma, including children
subjected to abuse or neglect, veterans and
their families, and refugee populations;
persons with complex treatment needs, such
as eating disorders; and those with low
incidence disorders.
MFIP and Children's Mental Health
Pilot Project. Of the TANF appropriation,
$100,000 in fiscal year 2008 and $200,000
in fiscal year 2009 are to fund the MFIP
and children's mental health pilot project.
Of these amounts, up to $100,000 may be
expended on evaluation of this pilot.
Prenatal Alcohol or Drug Use. Of the
general fund appropriation, $75,000 each
year is to award grants beginning July 1,
2007, to programs that provide services
under Minnesota Statutes, section 254A.171,
in Pine, Kanabec, and Carlton Counties. This
appropriation shall become part of the base
appropriation.
Base Adjustment. The general fund base
is $62,572,000 in fiscal year 2010 and
$62,575,000 in fiscal year 2011.

(h) Children and Community Services Grants

General
101,369,000
69,208,000
Base Adjustment. The general fund base
is $69,274,000 in each of fiscal years 2010
and 2011.
Targeted Case Management Temporary
Funding. (a) Of the general fund
appropriation, $32,667,000 in fiscal year
2008 is transferred to the targeted case
management contingency reserve account in
the general fund to be allocated to counties
and tribes affected by reductions in targeted
case management federal Medicaid revenue
as a result of the provisions in the federal
Deficit Reduction Act of 2005, Public Law
109-171.
(b) Contingent upon (1) publication by the
federal Centers for Medicare and Medicaid
Services of final regulations implementing
the targeted case management provisions
of the federal Deficit Reduction Act of
2005, Public Law 109-171, or (2) the
issuance of a finding by the Centers for
Medicare and Medicaid Services of federal
Medicaid overpayments for targeted case
management expenditures, up to $32,667,000
is appropriated to the commissioner of human
services. Prior to distribution of funds, the
commissioner shall estimate and certify the
amount by which the federal regulations or
federal disallowance will reduce targeted
case management Medicaid revenue over the
2008-2009 biennium.
(c) Within 60 days of a contingency described
in paragraph (b), the commissioner shall
distribute the grants proportionate to each
affected county or tribe's targeted case
management federal earnings for calendar
year 2005, not to exceed the lower of (1) the
amount of the estimated reduction in federal
revenue or (2) $32,667,000.
(d) These funds are available in either year of
the biennium. Counties and tribes shall use
these funds to pay for social service-related
costs, but the funds are not subject to
provisions of the Children and Community
Services Act grant under Minnesota Statutes,
chapter 256M.
(e) This appropriation shall be available to
pay counties and tribes for expenses incurred
on or after July 1, 2007. The appropriation
shall be available until expended.

(i) General Assistance Grants

General
37,876,000
38,253,000
General Assistance Standard. The
commissioner shall set the monthly standard
of assistance for general assistance units
consisting of an adult recipient who is
childless and unmarried or living apart
from parents or a legal guardian at $203.
The commissioner may reduce this amount
according to Laws 1997, chapter 85, article
3, section 54.
Emergency General Assistance. The
amount appropriated for emergency general
assistance funds is limited to no more
than $7,889,812 in fiscal year 2008 and
$7,889,812 in fiscal year 2009. Funds
to counties must be allocated by the
commissioner using the allocation method
specified in Minnesota Statutes, section
256D.06.

(j) Minnesota Supplemental Aid Grants

General
30,505,000
30,812,000
Emergency Minnesota Supplemental
Aid Funds. The amount appropriated for
emergency Minnesota supplemental aid
funds is limited to no more than $1,100,000
in fiscal year 2008 and $1,100,000 in fiscal
year 2009. Funds to counties must be
allocated by the commissioner using the
allocation method specified in Minnesota
Statutes, section 256D.46.

(k) Group Residential Housing Grants

General
91,069,000
98,671,000
People Incorporated. Of the general fund
appropriation, $460,000 each year is to
augment community support and mental
health services provided to individuals
residing in facilities under Minnesota
Statutes, section 256I.05, subdivision 1m.


(l) Other Children and Economic Assistance
Grants

General
20,183,000
16,333,000

Federal TANF
1,500,000
1,500,000
Base Adjustment. The general fund base
shall be $16,033,000 in fiscal year 2010 and
$15,533,000 in fiscal year 2011. The TANF
base shall be $1,500,000 in fiscal year 2010
and $1,181,000 in fiscal year 2011.
Homeless and Runaway Youth. Of the
general fund appropriation, $500,000 each
year are for the Runaway and Homeless
Youth Act under Minnesota Statutes, section
256K.45. Funds shall be spent in each area
of the continuum of care to ensure that
programs are meeting the greatest need. This
is a onetime appropriation.
Long-Term Homelessness. Of the general
fund appropriation, $1,500,000 $1,000,000
each year are for implementation of programs
to address long-term homelessness. This is a
onetime appropriation.
Minnesota Community Action Grants. (a)
Of the general fund appropriation, $250,000
each year is for the purposes of Minnesota
community action grants under Minnesota
Statutes, sections 256E.30 to 256E.32. This
is a onetime appropriation.
(b) Of the TANF appropriation, $1,500,000
each year is for community action agencies
for auto repairs, auto loans, and auto
purchase grants to individuals who are
eligible to receive benefits under Minnesota
Statutes, chapter 256J, or who have lost
eligibility for benefits under Minnesota
Statutes, chapter 256J, due to earnings in the
prior 12 months. Base level funding for this
activity shall be $1,500,000 in fiscal year
2010 and $1,181,000 in fiscal year 2011. *
(The preceding text beginning "(b) Of the
TANF appropriation," was indicated as
vetoed by the governor.)
(c) Money appropriated under paragraphs (a)
and (b) that is not spent in the first year does
not cancel but is available for the second
year.
Presented to the governor May 5, 2008
Signed by the governor May 8, 2008, 9:49 a.m.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569