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2005 Minnesota Session Laws

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                             CHAPTER 10-H.F.No. 378 
                  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                  superseded provisions; making miscellaneous technical 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 2004, sections 4.077, subdivision 
                  1; 10A.04, subdivision 6; 13.32, subdivision 3; 
                  13.321, by adding a subdivision; 13.381, by adding a 
                  subdivision; 13.46, subdivision 2; 13.47, subdivision 
                  1; 13.4963, subdivision 2; 15.0591, subdivision 2; 
                  15.39, subdivision 2; 16B.31, subdivision 1; 17.43; 
                  18C.60, subdivision 1; 28.15; 32.645; 47.59, 
                  subdivision 2; 62I.13, subdivision 3; 62L.17, 
                  subdivision 2a; 64B.37, subdivision 2; 82.33, 
                  subdivision 4; 84.8712, subdivisions 2, 3, 4, 6; 
                  85.22, subdivision 2a; 89.01, subdivision 5a; 115B.20, 
                  subdivision 2; 116J.871, subdivision 3; 119B.25, 
                  subdivision 2; 124D.68, subdivision 2; 127A.10; 
                  137.09; 144.6501, subdivision 1; 145B.04; 152.027, 
                  subdivision 4; 155A.03, subdivision 1; 155A.16; 
                  161.1419, subdivision 8; 168.275; 168.33, subdivision 
                  2a; 169.21, subdivision 2; 169.50, subdivision 1; 
                  169.59, subdivision 4; 169A.55, subdivision 3; 
                  171.181, subdivision 1; 177.23, subdivision 7; 181.30; 
                  201.014, subdivision 2; 201.071, subdivision 1; 
                  201.15, subdivision 1; 204B.10, subdivision 6; 
                  216B.61; 219.57, subdivision 6; 234.23; 235.10; 
                  235.13; 237.763; 238.37; 238.38; 238.42; 239.791, 
                  subdivision 15; 244.05, subdivisions 4, 5; 245.466, 
                  subdivision 1; 245.4875, subdivision 1; 245.75; 
                  246.01; 246B.04, subdivision 2; 252.24, subdivision 5; 
                  252A.03, subdivisions 1, 4; 252A.101, subdivisions 1, 
                  5; 253B.23, subdivision 2; 256.93, subdivision 1; 
                  256B.055, subdivision 12; 256B.0625, subdivision 6a; 
                  256B.0627, subdivisions 1, 5; 256B.0917, subdivisions 
                  4, 5; 256B.0951, subdivision 8; 256B.431, subdivision 
                  14; 256G.01, subdivision 3; 256L.07, subdivision 1; 
                  256L.15, subdivision 2; 256M.10, subdivision 5; 
                  257B.08; 259.21, subdivision 4; 260B.007, subdivision 
                  16; 260C.101, subdivision 2; 276.04, subdivision 2; 
                  290.095, subdivision 1; 299D.07; 299F.051, subdivision 
                  4; 299F.093, subdivision 1; 302A.011, subdivision 16; 
                  303.03; 303.25, subdivision 1; 321.0210; 321.1114; 
                  322B.03, subdivision 27; 325F.40; 325N.15; 329.17; 
                  333.135; 336.4A-105; 343.40, subdivision 3; 345.14; 
                  346.05; 353.01, subdivision 2; 353.34, subdivision 3a; 
                  356.431, subdivision 1; 395.22; 458D.02, subdivision 
                  2; 469.104; 473.845, subdivision 1; 481.05; 501B.18; 
                  501B.19; 514.996, subdivision 3; 515B.4-102; 
                  524.2-114; 525.9212; 525.95, subdivision 1; 527.38; 
                  527.39; 529.12; 540.18, subdivision 1; 580.041, 
                  subdivision 2; 624.64; 624.67; 626.84, subdivision 1; 
                  629.11; 631.04; Laws 2003, First Special Session 
                  chapter 11, article 2, section 21; Laws 2004, chapter 
                  199, article 12, section 108; Laws 2004, chapter 261, 
                  article 6, section 5; repealing Minnesota Statutes 
                  2004, sections 115B.49, subdivision 4a; 306.13; 
                  315.43; 317A.909, subdivision 4; 357.12; 367.40, 
                  subdivisions 3, 4; 367.401, subdivision 4; 367.42; 
                  398.35, subdivision 2; Laws 2001, First Special 
                  Session chapter 10, article 10, section 1; Laws 2003, 
                  chapter 8, section 2; Laws 2004, chapter 219, section 
                  1; Laws 2004, chapter 288, article 3, section 5; 
                  Minnesota Rules, parts 6700.0100, subpart 14; 
                  6700.1300; 9055.0125; 9055.0500; 9055.0510; 9055.0520; 
                  9055.0530; 9055.0540; 9055.0550; 9055.0560; 9055.0570; 
                  9055.0580; 9055.0590; 9055.0600; 9055.0610. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                   ARTICLE 1 
                                    GENERAL 
           Section 1.  Minnesota Statutes 2004, section 4.077, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PLAN TO RENOVATE COURTS BUILDING.] (a) The 
        Old Federal Courts Building in the city of St. Paul, described 
        in the registry of historic sites in section 138.57, and called 
        in this section the "courts building," is an outstanding example 
        of federal architecture of its period and a significant symbol 
        of constitutional government which spans much of this state's 
        history.  Its acquisition, preservation, and appropriate use is 
        a concern of the state and an important aspect of state policy 
        declared in the Historic Sites Act of 1965.  
           (b) The legislature is informed that feasible renovation 
        and remodeling of the structure of this historic site would make 
        it suitable to meet existing and foreseeable need of the state 
        for school, classroom, and other educational use, or for use in 
        the protection of public health, and such practical adaptation 
        of the courts building should not be incompatible, but rather in 
        keeping with, continued observance of the building as an 
        historic monument.  
           (c) National policy expressed in enactments of the Congress 
        (including, but not necessarily limited to, the Surplus Property 
        Act of 1944 and Federal Property and Administrative Services Act 
        of 1949) make this historic site, now held by and subject to the 
        control of the administrator of the General Service 
        Administration, available to this state, its political 
        subdivisions or instrumentalities upon compliance with the 
        conditions of the statutes and rules promulgated thereunder for 
        educational use or use in the protection of the public health, 
        or as an historic monument for the benefit of the public. 
           Sec. 2.  Minnesota Statutes 2004, section 10A.04, 
        subdivision 6, is amended to read: 
           Subd. 6.  [PRINCIPAL REPORTS.] (a) A principal must report 
        to the board as required in this subdivision by March 15 for the 
        preceding calendar year.  Along with the report, the principal 
        must pay a fee of $50, except as otherwise provided in this 
        subdivision.  The fee must be no more than necessary to cover 
        the cost of administering sections 10A.03 to 10A.06.  The amount 
        of the fee is subject to change each biennium in accordance with 
        the budget request made by the board.  The fee requirement 
        expires June 30, 2004. 
           (b) The principal must report the total amount, rounded to 
        the nearest $20,000, spent by the principal during the preceding 
        calendar year to influence legislative action, administrative 
        action, and the official action of metropolitan governmental 
        units. 
           (c) The principal must report under this subdivision a 
        total amount that includes: 
           (1) all direct payments by the principal to lobbyists in 
        this state; 
           (2) all expenditures for advertising, mailing, research, 
        analysis, compilation and dissemination of information, and 
        public relations campaigns related to legislative action, 
        administrative action, or the official action of metropolitan 
        governmental units in this state; and 
           (3) all salaries and administrative expenses attributable 
        to activities of the principal relating to efforts to influence 
        legislative action, administrative action, or the official 
        action of metropolitan governmental units in this state. 
           Sec. 3.  Minnesota Statutes 2004, section 13.32, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PRIVATE DATA; WHEN DISCLOSURE IS PERMITTED.] 
        Except as provided in subdivision 5, educational data is private 
        data on individuals and shall not be disclosed except as follows:
           (a) pursuant to section 13.05; 
           (b) pursuant to a valid court order; 
           (c) pursuant to a statute specifically authorizing access 
        to the private data; 
           (d) to disclose information in health and safety 
        emergencies pursuant to the provisions of United States Code, 
        title 20, section 1232g(b)(1)(I) and Code of Federal 
        Regulations, title 34, section 99.36; 
           (e) pursuant to the provisions of United States Code, title 
        20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B), 
        (b)(3) and Code of Federal Regulations, title 34, sections 
        99.31, 99.32, 99.33, 99.34, and 99.35; 
           (f) to appropriate health authorities to the extent 
        necessary to administer immunization programs and for bona fide 
        epidemiologic investigations which the commissioner of health 
        determines are necessary to prevent disease or disability to 
        individuals in the public educational agency or institution in 
        which the investigation is being conducted; 
           (g) when disclosure is required for institutions that 
        participate in a program under title IV of the Higher Education 
        Act, United States Code, title 20, chapter section 1092; 
           (h) to the appropriate school district officials to the 
        extent necessary under subdivision 6, annually to indicate the 
        extent and content of remedial instruction, including the 
        results of assessment testing and academic performance at a 
        postsecondary institution during the previous academic year by a 
        student who graduated from a Minnesota school district within 
        two years before receiving the remedial instruction; 
           (i) to appropriate authorities as provided in United States 
        Code, title 20, section 1232g(b)(1)(E)(ii), if the data concern 
        the juvenile justice system and the ability of the system to 
        effectively serve, prior to adjudication, the student whose 
        records are released; provided that the authorities to whom the 
        data are released submit a written request for the data that 
        certifies that the data will not be disclosed to any other 
        person except as authorized by law without the written consent 
        of the parent of the student and the request and a record of the 
        release are maintained in the student's file; 
           (j) to volunteers who are determined to have a legitimate 
        educational interest in the data and who are conducting 
        activities and events sponsored by or endorsed by the 
        educational agency or institution for students or former 
        students; 
           (k) to provide student recruiting information, from 
        educational data held by colleges and universities, as required 
        by and subject to Code of Federal Regulations, title 32, section 
        216; 
           (l) to the juvenile justice system if information about the 
        behavior of a student who poses a risk of harm is reasonably 
        necessary to protect the health or safety of the student or 
        other individuals; 
           (m) with respect to Social Security numbers of students in 
        the adult basic education system, to Minnesota State Colleges 
        and Universities and the Department of Employment and Economic 
        Development for the purpose and in the manner described in 
        section 124D.52, subdivision 7; or 
           (n) to the commissioner of education for purposes of an 
        assessment or investigation of a report of alleged maltreatment 
        of a student as mandated by section 626.556.  Upon request by 
        the commissioner of education, data that are relevant to a 
        report of maltreatment and are from charter school and school 
        district investigations of alleged maltreatment of a student 
        must be disclosed to the commissioner, including, but not 
        limited to, the following: 
           (1) information regarding the student alleged to have been 
        maltreated; 
           (2) information regarding student and employee witnesses; 
           (3) information regarding the alleged perpetrator; and 
           (4) what corrective or protective action was taken, if any, 
        by the school facility in response to a report of maltreatment 
        by an employee or agent of the school or school district. 
           Sec. 4.  Minnesota Statutes 2004, section 13.321, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [SCHOOL ACCOUNTABILITY.] Certain school 
        accountability data are governed by section 120B.36, 
        subdivisions 1, paragraph (e), and 2. 
           Sec. 5.  Minnesota Statutes 2004, section 13.381, is 
        amended by adding a subdivision to read: 
           Subd. 7a.  [FACILITY REQUIREMENTS.] Data provided to, filed 
        with, or created or obtained by the commissioner of health under 
        section 144.7065 are classified as provided in section 144.7065, 
        subdivision 10. 
           Sec. 6.  Minnesota Statutes 2004, section 13.46, 
        subdivision 2, is amended to read: 
           Subd. 2.  [GENERAL.] (a) Unless the data is summary data or 
        a statute specifically provides a different classification, data 
        on individuals collected, maintained, used, or disseminated by 
        the welfare system is private data on individuals, and shall not 
        be disclosed except:  
           (1) according to section 13.05; 
           (2) according to court order; 
           (3) according to a statute specifically authorizing access 
        to the private data; 
           (4) to an agent of the welfare system, including a law 
        enforcement person, attorney, or investigator acting for it in 
        the investigation or prosecution of a criminal or civil 
        proceeding relating to the administration of a program; 
           (5) to personnel of the welfare system who require the data 
        to verify an individual's identity; determine eligibility, 
        amount of assistance, and the need to provide services to an 
        individual or family across programs; evaluate the effectiveness 
        of programs; and investigate suspected fraud; 
           (6) to administer federal funds or programs; 
           (7) between personnel of the welfare system working in the 
        same program; 
           (8) to the Department of Revenue to administer and evaluate 
        tax refund or tax credit programs and to identify individuals 
        who may benefit from these programs.  The following information 
        may be disclosed under this paragraph:  an individual's and 
        their dependent's names, dates of birth, Social Security 
        numbers, income, addresses, and other data as required, upon 
        request by the Department of Revenue.  Disclosures by the 
        commissioner of revenue to the commissioner of human services 
        for the purposes described in this clause are governed by 
        section 270B.14, subdivision 1.  Tax refund or tax credit 
        programs include, but are not limited to, the dependent care 
        credit under section 290.067, the Minnesota working family 
        credit under section 290.0671, the property tax refund and 
        rental credit under section 290A.04, and the Minnesota education 
        credit under section 290.0674; 
           (9) between the Department of Human Services, the 
        Department of Education, and the Department of Employment and 
        Economic Development for the purpose of monitoring the 
        eligibility of the data subject for unemployment benefits, for 
        any employment or training program administered, supervised, or 
        certified by that agency, for the purpose of administering any 
        rehabilitation program or child care assistance program, whether 
        alone or in conjunction with the welfare system, or to monitor 
        and evaluate the Minnesota family investment program by 
        exchanging data on recipients and former recipients of food 
        support, cash assistance under chapter 256, 256D, 256J, or 256K, 
        child care assistance under chapter 119B, or medical programs 
        under chapter 256B, 256D, or 256L; 
           (10) to appropriate parties in connection with an emergency 
        if knowledge of the information is necessary to protect the 
        health or safety of the individual or other individuals or 
        persons; 
           (11) data maintained by residential programs as defined in 
        section 245A.02 may be disclosed to the protection and advocacy 
        system established in this state according to Part C of Public 
        Law 98-527 to protect the legal and human rights of persons with 
        mental retardation or other related conditions who live in 
        residential facilities for these persons if the protection and 
        advocacy system receives a complaint by or on behalf of that 
        person and the person does not have a legal guardian or the 
        state or a designee of the state is the legal guardian of the 
        person; 
           (12) to the county medical examiner or the county coroner 
        for identifying or locating relatives or friends of a deceased 
        person; 
           (13) data on a child support obligor who makes payments to 
        the public agency may be disclosed to the Higher Education 
        Services Office to the extent necessary to determine eligibility 
        under section 136A.121, subdivision 2, clause (5); 
           (14) participant Social Security numbers and names 
        collected by the telephone assistance program may be disclosed 
        to the Department of Revenue to conduct an electronic data match 
        with the property tax refund database to determine eligibility 
        under section 237.70, subdivision 4a; 
           (15) the current address of a Minnesota family investment 
        program participant may be disclosed to law enforcement officers 
        who provide the name of the participant and notify the agency 
        that: 
           (i) the participant: 
           (A) is a fugitive felon fleeing to avoid prosecution, or 
        custody or confinement after conviction, for a crime or attempt 
        to commit a crime that is a felony under the laws of the 
        jurisdiction from which the individual is fleeing; or 
           (B) is violating a condition of probation or parole imposed 
        under state or federal law; 
           (ii) the location or apprehension of the felon is within 
        the law enforcement officer's official duties; and 
           (iii) the request is made in writing and in the proper 
        exercise of those duties; 
           (16) the current address of a recipient of general 
        assistance or general assistance medical care may be disclosed 
        to probation officers and corrections agents who are supervising 
        the recipient and to law enforcement officers who are 
        investigating the recipient in connection with a felony level 
        offense; 
           (17) information obtained from food support applicant or 
        recipient households may be disclosed to local, state, or 
        federal law enforcement officials, upon their written request, 
        for the purpose of investigating an alleged violation of the 
        Food Stamp Act, according to Code of Federal Regulations, title 
        7, section 272.1(c); 
           (18) the address, Social Security number, and, if 
        available, photograph of any member of a household receiving 
        food support shall be made available, on request, to a local, 
        state, or federal law enforcement officer if the officer 
        furnishes the agency with the name of the member and notifies 
        the agency that:  
           (i) the member: 
           (A) is fleeing to avoid prosecution, or custody or 
        confinement after conviction, for a crime or attempt to commit a 
        crime that is a felony in the jurisdiction the member is 
        fleeing; 
           (B) is violating a condition of probation or parole imposed 
        under state or federal law; or 
           (C) has information that is necessary for the officer to 
        conduct an official duty related to conduct described in subitem 
        (A) or (B); 
           (ii) locating or apprehending the member is within the 
        officer's official duties; and 
           (iii) the request is made in writing and in the proper 
        exercise of the officer's official duty; 
           (19) the current address of a recipient of Minnesota family 
        investment program, general assistance, general assistance 
        medical care, or food support may be disclosed to law 
        enforcement officers who, in writing, provide the name of the 
        recipient and notify the agency that the recipient is a person 
        required to register under section 243.166, but is not residing 
        at the address at which the recipient is registered under 
        section 243.166; 
           (20) certain information regarding child support obligors 
        who are in arrears may be made public according to section 
        518.575; 
           (21) data on child support payments made by a child support 
        obligor and data on the distribution of those payments excluding 
        identifying information on obligees may be disclosed to all 
        obligees to whom the obligor owes support, and data on the 
        enforcement actions undertaken by the public authority, the 
        status of those actions, and data on the income of the obligor 
        or obligee may be disclosed to the other party; 
           (22) data in the work reporting system may be disclosed 
        under section 256.998, subdivision 7; 
           (23) to the Department of Education for the purpose of 
        matching Department of Education student data with public 
        assistance data to determine students eligible for free and 
        reduced price meals, meal supplements, and free milk according 
        to United States Code, title 42, sections 1758, 1761, 1766, 
        1766a, 1772, and 1773; to allocate federal and state funds that 
        are distributed based on income of the student's family; and to 
        verify receipt of energy assistance for the telephone assistance 
        plan; 
           (24) the current address and telephone number of program 
        recipients and emergency contacts may be released to the 
        commissioner of health or a local board of health as defined in 
        section 145A.02, subdivision 2, when the commissioner or local 
        board of health has reason to believe that a program recipient 
        is a disease case, carrier, suspect case, or at risk of illness, 
        and the data are necessary to locate the person; 
           (25) to other state agencies, statewide systems, and 
        political subdivisions of this state, including the attorney 
        general, and agencies of other states, interstate information 
        networks, federal agencies, and other entities as required by 
        federal regulation or law for the administration of the child 
        support enforcement program; 
           (26) to personnel of public assistance programs as defined 
        in section 256.741, for access to the child support system 
        database for the purpose of administration, including monitoring 
        and evaluation of those public assistance programs; 
           (27) to monitor and evaluate the Minnesota family 
        investment program by exchanging data between the Departments of 
        Human Services and Education, on recipients and former 
        recipients of food support, cash assistance under chapter 256, 
        256D, 256J, or 256K, child care assistance under chapter 119B, 
        or medical programs under chapter 256B, 256D, or 256L; 
           (28) to evaluate child support program performance and to 
        identify and prevent fraud in the child support program by 
        exchanging data between the Department of Human Services, 
        Department of Revenue under section 270B.14, subdivision 1, 
        paragraphs (a) and (b), without regard to the limitation of use 
        in paragraph (c), Department of Health, Department of Employment 
        and Economic Development, and other state agencies as is 
        reasonably necessary to perform these functions; or 
           (29) counties operating child care assistance programs 
        under chapter 119B may disseminate data on program participants, 
        applicants, and providers to the commissioner of education. 
           (b) Information on persons who have been treated for drug 
        or alcohol abuse may only be disclosed according to the 
        requirements of Code of Federal Regulations, title 42, sections 
        2.1 to 2.67. 
           (c) Data provided to law enforcement agencies under 
        paragraph (a), clause (15), (16), (17), or (18), or paragraph 
        (b), are investigative data and are confidential or protected 
        nonpublic while the investigation is active.  The data are 
        private after the investigation becomes inactive under section 
        13.82, subdivision 5, paragraph (a) or (b). 
           (d) Mental health data shall be treated as provided in 
        subdivisions 7, 8, and 9, but is not subject to the access 
        provisions of subdivision 10, paragraph (b). 
           For the purposes of this subdivision, a request will be 
        deemed to be made in writing if made through a computer 
        interface system. 
           Sec. 7.  Minnesota Statutes 2004, section 13.47, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITION.] (a) "Employment and training 
        data" means data on individuals collected, maintained, used, or 
        disseminated because an individual applies for, is currently 
        enrolled in, or has been enrolled in employment and training 
        programs funded with federal, state, or local resources, 
        including those provided under the Workforce Investment Act of 
        1998, United States Code, title 29, section 2801. 
           (b) "Employment and training service provider" means an 
        entity certified, or seeking to be certified, by the 
        commissioner of employment and economic development to deliver 
        employment and training services under section 268.0122 
        116J.401, subdivision 3 2, or an organization that contracts 
        with a certified entity or the Department of Employment and 
        Economic Development to deliver employment and training services.
           (c) "Provider of training services" means an organization 
        or entity that provides training under the Workforce Investment 
        Act of 1998, United States Code, title 29, section 2801. 
           Sec. 8.  Minnesota Statutes 2004, section 13.4963, 
        subdivision 2, is amended to read: 
           Subd. 2.  [GENERALLY.] Classification and disclosure of tax 
        data created, collected, or maintained by the Department of 
        Revenue under section 273.1315, chapter 115B, 289A (except for 
        taxes imposed under sections 298.01, 298.015, and 298.24), 290, 
        290A, 291, 295, 297A, or 297H, or any similar Indian tribal tax 
        administered by the commissioner according to a tax agreement 
        between the state and an Indian tribal government are governed 
        by chapter 270B. 
           Sec. 9.  Minnesota Statutes 2004, section 15.0591, 
        subdivision 2, is amended to read: 
           Subd. 2.  [BODIES AFFECTED.] A member meeting the 
        qualifications in subdivision 1 must be appointed to the 
        following boards, commissions, advisory councils, task forces, 
        or committees:  
           (1) Advisory Council on Battered Women and Domestic Abuse; 
           (2) Advisory Task Force on the Use of State Facilities; 
           (3) Alcohol and Other Drug Abuse Advisory Council; 
           (4) Board of Examiners for Nursing Home Administrators; 
           (5) Board on Aging; 
           (6) Chiropractic Examiners Board; 
           (7) Council on Disability; 
           (8) Council on Affairs of Chicano/Latino People; 
           (9) Council on Black Minnesotans; 
           (10) Dentistry Board; 
           (11) Higher Education Services Office; 
           (12) Housing Finance Agency; 
           (13) Indian Advisory Council on Chemical Dependency; 
           (14) Medical Practice Board; 
           (15) Medical Policy Directional Task Force on Mental 
        Health; 
           (16) Minnesota State Arts Board; 
           (17) (16) Nursing Board; 
           (18) (17) Optometry Board; 
           (19) (18) Pharmacy Board; 
           (20) (19) Board of Physical Therapy; 
           (21) (20) Podiatry Board; 
           (22) (21) Psychology Board. 
           Sec. 10.  Minnesota Statutes 2004, section 15.39, 
        subdivision 2, is amended to read: 
           Subd. 2.  [REQUISITION AUTHORITY.] The commissioner is 
        authorized to requisition from the economic security 
        administration fund any amount necessary to pay premiums for the 
        insurance specified in subdivision 1 and money in the amount 
        necessary is appropriated for that purpose. 
           Sec. 11.  Minnesota Statutes 2004, section 16B.31, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CONSTRUCTION PLANS AND SPECIFICATIONS.] 
        (a) The commissioner shall (1) have plans and specifications 
        prepared for the construction, alteration, or enlargement of all 
        state buildings, structures, and other improvements except 
        highways and bridges, and except for buildings and structures 
        under the control of the Board of Regents of the University of 
        Minnesota or of the Board of Trustees of the Minnesota State 
        Colleges and Universities; (2) approve those plans and 
        specifications; (3) advertise for bids and award all contracts 
        in connection with the improvements; (4) supervise and inspect 
        all work relating to the improvements; (5) approve all lawful 
        changes in plans and specifications after the contract for an 
        improvement is let; and (6) approve estimates for payment.  This 
        subdivision does not apply to the construction of the Zoological 
        Gardens.  
           (b) MS 2002 (Expired) 
           (c) MS 2002 (Expired) 
           (d) The commissioner, the board, the Board of Regents of 
        the University of Minnesota, and the Board of Trustees of the 
        Minnesota State Colleges and Universities shall create a panel 
        of representatives, including representatives of the 
        construction industry and the architecture and engineering 
        professions, to evaluate the use of design-build and the 
        procedures for design-builder selection under section 16C.31, 
        and shall report to the legislature on or before January 1, 
        2004, as to the success of design-build as a method of 
        construction and the need and desirability for any changes in 
        the selection procedure. 
           Sec. 12.  Minnesota Statutes 2004, section 18C.60, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS DEFINITION.] (a) The 
        definitions in this subdivision apply to this section. 
           (b) "Metropolitan county" means any one of the following 
        counties:  Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or 
        Washington. 
           (c) For the purpose of this section, "turf" means noncrop 
        land planted in closely mowed, managed grasses including, but 
        not limited to, residential and commercial residential property, 
        private golf courses, and property owned by federal, state, or 
        local units of government, including parks, recreation areas, 
        and public golf courses.  Turf does not mean pasture, hayland, 
        hay, turf grown on turf farms, or any other form of agricultural 
        production. 
           Sec. 13.  Minnesota Statutes 2004, section 47.59, 
        subdivision 2, is amended to read: 
           Subd. 2.  [APPLICATION.] Extensions of credit or purchases 
        of extensions of credit by financial institutions under sections 
        47.20, 47.21, 47.201, 47.204, 47.58, 47.60, 48.153, 48.185, 
        48.195, 59A.01 to 59A.15, 334.01, 334.011, 334.012, 334.022, 
        334.06, and 334.061 to 334.19 may, but need not, be made 
        according to those sections in lieu of the authority set forth 
        in this section to the extent those sections authorize the 
        financial institution to make extensions of credit or purchase 
        extensions of credit under those sections.  If a financial 
        institution elects to make an extension of credit or to purchase 
        an extension of credit under those other sections, the extension 
        of credit or the purchase of an extension of credit is subject 
        to those sections and not this section, except this subdivision, 
        and except as expressly provided in those sections.  A financial 
        institution may also charge an organization a rate of interest 
        and any charges agreed to by the organization and may calculate 
        and collect finance and other charges in any manner agreed to by 
        that organization.  Except for extensions of credit a financial 
        institution elects to make under section 334.01, 334.011, 
        334.012, 334.021 334.022, 334.06, or 334.061 to 334.19, chapter 
        334 does not apply to extensions of credit made according to 
        this section or the sections listed in this subdivision.  This 
        subdivision does not authorize a financial institution to extend 
        credit or purchase an extension of credit under any of the 
        sections listed in this subdivision if the financial institution 
        is not authorized to do so under those sections.  A financial 
        institution extending credit under any of the sections listed in 
        this subdivision shall specify in the promissory note, contract, 
        or other loan document the section under which the extension of 
        credit is made. 
           Sec. 14.  Minnesota Statutes 2004, section 62I.13, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DISQUALIFYING FACTORS.] For good cause, coverage 
        may be denied or terminated by the association.  Good cause may 
        exist if the applicant or insured:  (1) has an outstanding debt 
        due or owing to the association at the time of application or 
        renewal arising from a prior policy; (2) refuses to permit 
        completion of an audit requested by the commissioner or 
        administrator; (3) submits misleading or erroneous information 
        to the commissioner or administrator; (4) disregards safety 
        standards, laws, rules or ordinance pertaining to the risk being 
        insured; (5) fails to supply information requested by the 
        commissioner or administrator; and (6) fails to comply with the 
        terms of the policies or contracts for coverage issued by the 
        association; and (7) has not satisfied the requirements of the 
        market assistance program as set forth in section 62I.09. 
           Sec. 15.  Minnesota Statutes 2004, section 62L.17, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [PARTICIPATION OF NEW SMALL EMPLOYER HEALTH 
        CARRIERS.] A health carrier that enters the small employer 
        market subsequent to February 1993, may elect to not participate 
        in the reinsurance association by filing an application within 
        60 days of entry into the small employer market or May 26, 1995, 
        whichever is later.  The commissioner shall make a determination 
        and notify the health carrier no later than 60 days after 
        receipt of the application.  In determining whether to approve 
        the application, the commissioner shall consider the standards 
        defined in subdivision 2, except that the commissioner may also 
        consider whether the health carrier has a guaranteeing 
        organization as defined in section 62D.043, subdivision 1, or as 
        permitted under chapter 62N. 
           Sec. 16.  Minnesota Statutes 2004, section 82.33, 
        subdivision 4, is amended to read: 
           Subd. 4.  [RENEWAL; EXAMINATION.] Except as provided in 
        sections 82.22, subdivision 7, and section 82.29, subdivision 7, 
        no examination shall be required for the renewal of any license, 
        provided, however, any licensee having been licensed as a broker 
        or salesperson in the state of Minnesota and who shall fail to 
        renew the license for a period of two years shall be required by 
        the commissioner to again take an examination. 
           Sec. 17.  Minnesota Statutes 2004, section 84.8712, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CIVIL CITATION; AUTHORITY TO ISSUE.] 
        Conservation officers and other licensed peace officers may 
        issue civil citations to a person who operates a snowmobile in 
        violation of this section or section 84.8713.  The citation must 
        impose a penalty of $50 for the first offense, $200 for the 
        second offense, and $500 for third and subsequent offenses. 
           Sec. 18.  Minnesota Statutes 2004, section 84.8712, 
        subdivision 3, is amended to read: 
           Subd. 3.  [APPEALS.] Civil citations for offenses under 
        this section or section 84.8713 may be appealed under the 
        procedures in section 116.072, subdivision 6, if the recipient 
        of the citation requests a hearing by notifying the commissioner 
        in writing within 15 days after receipt of the citation.  For 
        the purposes of the enforcement of this section, the terms 
        "commissioner" and "agency" as used in section 116.072 mean the 
        commissioner of natural resources.  If a hearing is not 
        requested within the 15-day period, the citation becomes a final 
        order not subject to further review. 
           Sec. 19.  Minnesota Statutes 2004, section 84.8712, 
        subdivision 4, is amended to read: 
           Subd. 4.  [ENFORCEMENT.] Civil citations for offenses under 
        this section or section 84.8713 may be enforced under section 
        116.072, subdivision 9.  If a person fails to pay a penalty owed 
        under this section, the person may not operate a snowmobile 
        until the penalty is paid.  Penalty amounts must be remitted 
        within 30 days of issuance of the penalty citation. 
           Sec. 20.  Minnesota Statutes 2004, section 84.8712, 
        subdivision 6, is amended to read: 
           Subd. 6.  [SELECTION OF REMEDY.] A person operating a 
        snowmobile in violation of this section or section 84.8713 is 
        guilty of a petty misdemeanor punishable by a fine of no more 
        than $50 for the first offense, no more than $300 for the second 
        offense, and no more than $600 for the third and subsequent 
        offenses.  A peace officer may not seek both civil and petty 
        misdemeanor penalties for a violation of this section or section 
        84.8713. 
           Sec. 21.  Minnesota Statutes 2004, section 85.22, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [RECEIPTS, APPROPRIATION.] All receipts derived 
        from the rental or sale of state park items, tours at 
        Forestville Mystery Cave State Park, and operation of Douglas 
        Lodge shall be deposited in the state treasury and be credited 
        to the state parks working capital account.  Receipts and 
        expenses from Douglas Lodge shall be tracked separately within 
        the account.  Money in the account is annually appropriated for 
        the purchase and payment of expenses attributable to items for 
        resale or rental and operation of Douglas Lodge.  Any excess 
        receipts in this account are annually appropriated for state 
        park management and interpretive programs. 
           Sec. 22.  Minnesota Statutes 2004, section 89.01, 
        subdivision 5a, is amended to read: 
           Subd. 5a.  [SALE OF STATE FOREST LAND.] Any state lands 
        included in areas set apart as state forests are eliminated from 
        the state forest upon sale under the provisions of sections 
        92.06 to 92.09 92.08 or 94.09 to 94.16. 
           Sec. 23.  Minnesota Statutes 2004, section 115B.20, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PURPOSES FOR WHICH MONEY MAY BE SPENT.] Money 
        appropriated from the remediation fund under section 116.155, 
        subdivision 2, paragraph (a), clause (1), may be spent only for 
        the following purposes:  
           (1) preparation by the agency and the commissioner of 
        agriculture for taking removal or remedial action under section 
        115B.17, or under chapter 18D, including investigation, 
        monitoring and testing activities, enforcement and compliance 
        efforts relating to the release of hazardous substances, 
        pollutants or contaminants under section 115B.17 or 115B.18, or 
        chapter 18D; 
           (2) removal and remedial actions taken or authorized by the 
        agency or the commissioner of the Pollution Control Agency under 
        section 115B.17, or taken or authorized by the commissioner of 
        agriculture under chapter 18D including related enforcement and 
        compliance efforts under section 115B.17 or 115B.18, or chapter 
        18D, and payment of the state share of the cost of remedial 
        action which may be carried out under a cooperative agreement 
        with the federal government pursuant to the federal Superfund 
        Act, under United States Code, title 42, section 9604(c)(3) for 
        actions related to facilities other than commercial hazardous 
        waste facilities located under the siting authority of chapter 
        115A; 
           (3) reimbursement to any private person for expenditures 
        made before July 1, 1983, to provide alternative water supplies 
        deemed necessary by the agency or the commissioner of 
        agriculture and the Department of Health to protect the public 
        health from contamination resulting from the release of a 
        hazardous substance; 
           (4) assessment and recovery of natural resource damages by 
        the agency and the commissioners commissioner of natural 
        resources and for administration, and planning, and 
        implementation by the commissioner of natural resources of the 
        rehabilitation, restoration, or acquisition of natural resources 
        to remedy injuries or losses to natural resources resulting from 
        the release of a hazardous substance; before implementing a 
        project to rehabilitate, restore, or acquire natural resources 
        under this clause, the commissioner of natural resources shall 
        provide written notice of the proposed project to the chairs of 
        the senate and house of representatives committees with 
        jurisdiction over environment and natural resources finance; 
           (5) acquisition of a property interest under section 
        115B.17, subdivision 15; 
           (6) reimbursement, in an amount to be determined by the 
        agency in each case, to a political subdivision that is not a 
        responsible person under section 115B.03, for reasonable and 
        necessary expenditures resulting from an emergency caused by a 
        release or threatened release of a hazardous substance, 
        pollutant, or contaminant; and 
           (7) reimbursement to a political subdivision for 
        expenditures in excess of the liability limit under section 
        115B.04, subdivision 4. 
           Sec. 24.  Minnesota Statutes 2004, section 119B.25, 
        subdivision 2, is amended to read: 
           Subd. 2.  [GRANTS.] The commissioner shall distribute money 
        provided by this section through a grant to a nonprofit 
        corporation organized to plan, develop, and finance early 
        childhood education and child care sites.  The nonprofit 
        corporation must have demonstrated the ability to analyze 
        financing projects, have knowledge of other sources of public 
        and private financing for child care and early childhood 
        education sites, and have a relationship with the regional 
        resource and referral programs under section 119B.211.  The 
        board of directors of the nonprofit corporation must include 
        members who are knowledgeable about early childhood education, 
        child care, development and improvement, and financing.  The 
        commissioners of the Departments of Human Services and 
        Employment and Economic Development, and the commissioner of the 
        Housing Finance Agency shall advise the board on the loan 
        program.  The grant must be used to make loans to improve child 
        care or early childhood education sites, or loans to plan, 
        design, and construct or expand licensed and legal unlicensed 
        sites to increase the availability of child care or early 
        childhood education.  All loans made by the nonprofit 
        corporation must comply with section 363A.16. 
           Sec. 25.  Minnesota Statutes 2004, section 124D.68, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ELIGIBLE PUPILS.] The following pupils are 
        eligible to participate in the graduation incentives program:  
           (a) any pupil under the age of 21 who:  
           (1) performs substantially below the performance level for 
        pupils of the same age in a locally determined achievement test; 
           (2) is at least one year behind in satisfactorily 
        completing coursework or obtaining credits for graduation; 
           (3) is pregnant or is a parent; 
           (4) has been assessed as chemically dependent; 
           (5) has been excluded or expelled according to sections 
        121A.40 to 121A.56; 
           (6) has been referred by a school district for enrollment 
        in an eligible program or a program pursuant to section 124D.69; 
           (7) is a victim of physical or sexual abuse; 
           (8) has experienced mental health problems; 
           (9) has experienced homelessness sometime within six months 
        before requesting a transfer to an eligible program; 
           (10) speaks English as a second language or has limited 
        English proficiency; or 
           (11) has withdrawn from school or has been chronically 
        truant; or 
           (b) any person who is at least 21 years of age and who:  
           (1) has received fewer than 14 years of public or nonpublic 
        education, beginning at age 5; 
           (2) has not completed the requirements for a high school 
        diploma; and 
           (3) at the time of application, (i) is eligible for 
        unemployment benefits or has exhausted the benefits, (ii) is 
        eligible for, or is receiving income maintenance and support 
        services, as defined in section 116L.19, subdivision 5, or (iii) 
        is eligible for services under the displaced homemaker program, 
        state wage-subsidy program, or any programs under the federal 
        Jobs Training Partnership Act or its successor. 
           Sec. 26.  Minnesota Statutes 2004, section 155A.03, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [TERMS.] For purposes of sections 155A.03 
        to 155A.26 155A.16, and unless the context clearly requires 
        otherwise, the words defined in this section have the meanings 
        given them. 
           Sec. 27.  Minnesota Statutes 2004, section 161.1419, 
        subdivision 8, is amended to read: 
           Subd. 8.  [EXPIRATION.] The commission shall expire expires 
        on June 30, 2003 2007. 
           Sec. 28.  Minnesota Statutes 2004, section 168.33, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [DEPUTY REGISTRARS, CONTINUATION IN OFFICE.] 
        Persons serving as deputy registrars on the effective date of 
        this act July 1, 1970, shall continue to hold such office until 
        a successor is duly appointed and qualifies. 
           Sec. 29.  Minnesota Statutes 2004, section 169.50, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REQUIREMENTS; EXCEPTION.] (a) Every motor 
        vehicle and every vehicle that is being drawn at the end of a 
        train of vehicles must be equipped with at least one taillamp, 
        exhibiting a red light plainly visible from a distance of 500 
        feet to the rear.  
           (b) Every motor vehicle, other than a truck-tractor, and 
        every vehicle that is being drawn at the end of a train of 
        vehicles, registered in this state and manufactured or assembled 
        after January 1, 1960, must be equipped with at least two 
        taillamps mounted on the rear and on the same level and as 
        widely spaced laterally as practicable.  When lighted, the 
        taillamps must comply with the provisions of this section.  
           (c) An implement of husbandry being towed by a motor 
        vehicle at a speed of not more than 30 miles per hour, 
        displaying a slow-moving vehicle emblem, and complying with 
        section 169.55, subdivision 2, paragraph (a), clause (4), is not 
        subject to the requirements of this section. 
           Sec. 30.  Minnesota Statutes 2004, section 169.59, 
        subdivision 4, is amended to read: 
           Subd. 4.  [FLASHING WARNING LIGHT.] Any vehicle may be 
        equipped with lamps which may be used for the purpose of warning 
        the operators of other vehicles of the presence of a vehicular 
        traffic hazard requiring the exercise of unusual care in 
        approaching, overtaking, or passing, and when so equipped may 
        display such warning in addition to any other warning signals 
        required by this act section or section 169.50, subdivision 1 or 
        3; 169.56, subdivision 1, 2, 3, or 4; 169.57, subdivision 1; or 
        169.64, subdivision 3.  The lamps used to display such warnings 
        to the front shall be mounted at the same level and as widely 
        spaced laterally as practicable, and shall display simultaneous 
        flashing white or amber lights, or any shade of color between 
        white and amber.  The lamps used to display such warnings to the 
        rear shall be mounted at the same level and as widely spaced 
        laterally as practicable, and shall show simultaneously flashing 
        amber or red lights, or any shade of color between amber and 
        red.  Instead of a pair of lamps that flash simultaneously, 
        either one or two strobe lights or rotating beacon lights with 
        an amber or yellow lens may be used both to the front and rear 
        of the vehicle.  These warning lights shall be visible from a 
        distance of not less than 500 feet under normal atmospheric 
        conditions at night. 
           Sec. 31.  Minnesota Statutes 2004, section 169A.55, 
        subdivision 3, is amended to read: 
           Subd. 3.  [REINSTATEMENT OR ISSUANCE OF PROVISIONAL 
        LICENSE.] The commissioner shall not issue a provisional or 
        regular driver's license to a person whose provisional driver's 
        license was revoked for conviction as a juvenile of violating a 
        violation of section 169A.20, 169A.33, or 169A.35; a violation 
        of a provision of sections 169A.50 to 169A.53; or revoked for 
        conviction of a crash-related moving violation; until the 
        person, following the violation, reaches the age of 18 and 
        satisfactorily: 
           (1) completes a formal course in driving instruction 
        approved by the commissioner of public safety; 
           (2) completes an additional three months' experience 
        operating a motor vehicle, as documented to the satisfaction of 
        the commissioner; 
           (3) completes the written examination for a driver's 
        license with a passing score; and 
           (4) complies with all other laws for reinstatement of a 
        provisional or regular driver's license, as applicable. 
           Sec. 32.  Minnesota Statutes 2004, section 171.181, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [FOREIGN STATE CONVICTION.] (a) On revoking 
        or suspending the driver's license of a Minnesota resident as a 
        result of a foreign state conviction, the commissioner shall 
        notify that foreign state when the driver's license is 
        reinstated or a new license issued. 
           (b) For the purposes of this section, "foreign state" means 
        a state as defined in section 171.01, subdivision 46 47, 
        excluding the state of Minnesota. 
           Sec. 33.  Minnesota Statutes 2004, section 177.23, 
        subdivision 7, is amended to read: 
           Subd. 7.  [EMPLOYEE.] "Employee" means any individual 
        employed by an employer but does not include:  
           (1) two or fewer specified individuals employed at any 
        given time in agriculture on a farming unit or operation who are 
        paid a salary; 
           (2) any individual employed in agriculture on a farming 
        unit or operation who is paid a salary greater than the 
        individual would be paid if the individual worked 48 hours at 
        the state minimum wage plus 17 hours at 1-1/2 times the state 
        minimum wage per week; 
           (3) an individual under 18 who is employed in agriculture 
        on a farm to perform services other than corn detasseling or 
        hand field work when one or both of that minor hand field 
        worker's parents or physical custodians are also hand field 
        workers; 
           (4) for purposes of section 177.24, an individual under 18 
        who is employed as a corn detasseler; 
           (5) any staff member employed on a seasonal basis by an 
        organization for work in an organized resident or day camp 
        operating under a permit issued under section 144.72; 
           (6) any individual employed in a bona fide executive, 
        administrative, or professional capacity, or a salesperson who 
        conducts no more than 20 percent of sales on the premises of the 
        employer; 
           (7) any individual who renders service gratuitously for a 
        nonprofit organization; 
           (8) any individual who serves as an elected official for a 
        political subdivision or who serves on any governmental board, 
        commission, committee or other similar body, or who renders 
        service gratuitously for a political subdivision; 
           (9) any individual employed by a political subdivision to 
        provide police or fire protection services or employed by an 
        entity whose principal purpose is to provide police or fire 
        protection services to a political subdivision; 
           (10) any individual employed by a political subdivision who 
        is ineligible for membership in the Public Employees Retirement 
        Association under section 353.01, subdivision 2b, clause (1), 
        (2), (4), or (9); 
           (11) any driver employed by an employer engaged in the 
        business of operating taxicabs; 
           (12) any individual engaged in babysitting as a sole 
        practitioner; 
           (13) for the purpose of section 177.25, any individual 
        employed on a seasonal basis in a carnival, circus, fair, or ski 
        facility; 
           (14) any individual under 18 working less than 20 hours per 
        workweek for a municipality as part of a recreational program; 
           (15) any individual employed by the state as a natural 
        resource manager 1, 2, or 3 (conservation officer); 
           (16) any individual in a position for which the United 
        States Department of Transportation has power to establish 
        qualifications and maximum hours of service under United States 
        Code, title 49, section 304 31502; 
           (17) any individual employed as a seafarer.  The term 
        "seafarer" means a master of a vessel or any person subject to 
        the authority, direction, and control of the master who is 
        exempt from federal overtime standards under United States Code, 
        title 29, section 213(b)(6), including but not limited to 
        pilots, sailors, engineers, radio operators, firefighters, 
        security guards, pursers, surgeons, cooks, and stewards; 
           (18) any individual employed by a county in a single-family 
        residence owned by a county home school as authorized under 
        section 260B.060 if the residence is an extension facility of 
        that county home school, and if the individual as part of the 
        employment duties resides at the residence for the purpose of 
        supervising children as defined by section 260C.007, subdivision 
        4; or 
           (19) nuns, monks, priests, lay brothers, lay sisters, 
        ministers, deacons, and other members of religious orders who 
        serve pursuant to their religious obligations in schools, 
        hospitals, and other nonprofit institutions operated by the 
        church or religious order. 
           Sec. 34.  Minnesota Statutes 2004, section 216B.61, is 
        amended to read: 
           216B.61 [ACTIONS TO RECOVER PENALTIES.] 
           Actions to recover penalties under Laws 1974, this chapter 
        429 shall be brought in the name of the state of Minnesota in 
        the district court of Ramsey County. 
           Sec. 35.  Minnesota Statutes 2004, section 237.763, is 
        amended to read: 
           237.763 [EXEMPTION FROM EARNINGS REGULATION AND 
        INVESTIGATION.] 
           Except as provided in the plan and any subsequent plans, a 
        company that has an alternative regulation plan approved under 
        section 237.764, is not subject to the rate-of-return regulation 
        or earnings investigations provisions of section 237.075 or 
        237.081 during the term of the plan.  A company with an approved 
        plan is not subject to the provisions of section 237.57; 237.59; 
        237.60, subdivisions 1, 2, 4, and 5; 237.63; or 237.65, during 
        the term of the plan.  Except as specifically provided in this 
        section or in the approved plan, the commission retains all of 
        its authority under section 237.081 to investigate other matters 
        and to issue appropriate orders, and the department retains its 
        authority under sections 216A.07 and 237.15 to investigate 
        matters other than the earnings of the company. 
           Sec. 36.  Minnesota Statutes 2004, section 238.37, is 
        amended to read: 
           238.37 [SCOPE; POLE, DUCT, AND CONDUIT AGREEMENTS.] 
           Sections 238.02, subdivisions 3a, 20a, and 31b, and 238.36 
        238.37 to 238.42 only apply to pole, duct, and conduit 
        agreements entered into or renewed between public utilities and 
        cable communications systems on or after January 1, 1976, and 
        have no application to those agreements executed before January 
        1, 1976, until those agreements are either renewed or 
        substantially renegotiated.  If a public utility company and a 
        cable communications system enter into an agreement regarding 
        only pole attachments, sections 238.02, subdivisions 3a, 20a, 
        and 31b, and 238.36 238.37 to 238.42 relating to conduit systems 
        are applicable to that agreement and if a public utility company 
        and a cable communications system enter into an agreement 
        regarding only use of a conduit system, sections 238.02, 
        subdivisions 3a, 20a, and 31b, and 238.36 238.37 to 238.42 
        relating to pole attachments are not applicable to that 
        agreement. 
           Sec. 37.  Minnesota Statutes 2004, section 238.38, is 
        amended to read: 
           238.38 [PERMIT TO ATTACH TO POLE OR CONDUIT SYSTEM.] 
           Every pole, duct, and conduit agreement must contain a 
        provision that before attaching to the public utility company's 
        poles or occupying any part of the public utility's conduit 
        system, the cable communications system shall apply and receive 
        a permit for that purpose on a form provided by the public 
        utility company.  If the cable communications system accepts the 
        permit, it may attach its equipment to the poles covered by the 
        permit or occupy the conduit system of the public utility to the 
        extent authorized by the permit, subject to sections 238.02, 
        subdivisions 3a, 20a, and 31b, and 238.36 238.37 to 238.42 and 
        the terms of the agreement between the contracting parties.  In 
        granting or denying a permit, the public utility has the right 
        to determine whether a grant of a permit would adversely affect 
        its public services, duties, and obligations or have an adverse 
        effect on the economy, safety, and future needs of the public 
        utility. 
           Sec. 38.  Minnesota Statutes 2004, section 238.42, is 
        amended to read: 
           238.42 [ADDITIONAL CONTRACT TERMS.] 
           Nothing contained in sections 238.02, subdivisions 3a, 20a, 
        and 31b, and 238.36 238.37 to 238.42 in any way prohibits a 
        public utility company from including in its pole, duct, and 
        conduit agreements with cable communications systems additional 
        terms which do not conflict with sections 238.02, subdivisions 
        3a, 20a, and 31b, and 238.36 238.37 to 238.42. 
           Sec. 39.  Minnesota Statutes 2004, section 239.791, 
        subdivision 15, is amended to read: 
           Subd. 15.  [EXEMPTION FOR CERTAIN BLEND PUMPS.] A person 
        responsible for the product, who offers for sale, sells, or 
        dispenses nonoxygenated premium gasoline under one or more of 
        the exemptions in subdivisions 10 to 14, may sell, offer for 
        sale, or dispense oxygenated gasoline that contains less than 
        the minimum amount of ethanol required under subdivision 1 if 
        all of the following conditions are met: 
           (1) the blended gasoline has an octane rating of 88 or 
        greater; 
           (2) the gasoline is a blend of oxygenated gasoline meeting 
        the requirements of subdivision 1 with nonoxygenated premium 
        gasoline; 
           (3) the blended gasoline contains not more than ten percent 
        nonoxygenated premium gasoline; 
           (4) the blending of oxygenated gasoline with nonoxygenated 
        gasoline occurs within the gasoline dispenser; and 
           (5) the gasoline station at which the gasoline is sold, 
        offered for sale, or delivered is equipped to store gasoline in 
        not more than two storage tanks.  
           This subdivision applies only to those persons who meet met 
        the conditions in clauses (1) through (5) on the effective date 
        of this act August 1, 2004, and have registered with the 
        director within three months of the effective date of this 
        act by November 1, 2004. 
           Sec. 40.  Minnesota Statutes 2004, section 244.05, 
        subdivision 4, is amended to read: 
           Subd. 4.  [MINIMUM IMPRISONMENT, LIFE SENTENCE.] An inmate 
        serving a mandatory life sentence under section 609.106 must not 
        be given supervised release under this section.  An inmate 
        serving a mandatory life sentence under section 609.185, clause 
        (1), (3), (5), or (6); or 609.109, subdivision 2a 3, must not be 
        given supervised release under this section without having 
        served a minimum term of 30 years.  An inmate serving a 
        mandatory life sentence under section 609.385 must not be given 
        supervised release under this section without having served a 
        minimum term of imprisonment of 17 years. 
           Sec. 41.  Minnesota Statutes 2004, section 244.05, 
        subdivision 5, is amended to read: 
           Subd. 5.  [SUPERVISED RELEASE, LIFE SENTENCE.] (a) The 
        commissioner of corrections may, under rules promulgated by the 
        commissioner, give supervised release to an inmate serving a 
        mandatory life sentence under section 609.185, clause (1), (3), 
        (5), or (6); 609.109, subdivision 2a 3; or 609.385 after the 
        inmate has served the minimum term of imprisonment specified in 
        subdivision 4. 
           (b) The commissioner shall require the preparation of a 
        community investigation report and shall consider the findings 
        of the report when making a supervised release decision under 
        this subdivision.  The report shall reflect the sentiment of the 
        various elements of the community toward the inmate, both at the 
        time of the offense and at the present time.  The report shall 
        include the views of the sentencing judge, the prosecutor, any 
        law enforcement personnel who may have been involved in the 
        case, and any successors to these individuals who may have 
        information relevant to the supervised release decision.  The 
        report shall also include the views of the victim and the 
        victim's family unless the victim or the victim's family chooses 
        not to participate. 
           (c) The commissioner shall make reasonable efforts to 
        notify the victim, in advance, of the time and place of the 
        inmate's supervised release review hearing.  The victim has a 
        right to submit an oral or written statement at the review 
        hearing.  The statement may summarize the harm suffered by the 
        victim as a result of the crime and give the victim's 
        recommendation on whether the inmate should be given supervised 
        release at this time.  The commissioner must consider the 
        victim's statement when making the supervised release decision. 
           (d) As used in this subdivision, "victim" means the 
        individual who suffered harm as a result of the inmate's crime 
        or, if the individual is deceased, the deceased's surviving 
        spouse or next of kin. 
           Sec. 42.  Minnesota Statutes 2004, section 245.466, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEVELOPMENT OF SERVICES.] The county board 
        in each county is responsible for using all available resources 
        to develop and coordinate a system of locally available and 
        affordable adult mental health services.  The county board may 
        provide some or all of the mental health services and activities 
        specified in subdivision 2 directly through a county agency or 
        under contracts with other individuals or agencies.  A county or 
        counties may enter into an agreement with a regional treatment 
        center under section 246.57 or with any state facility or 
        program as defined in section 246.50, subdivision 3, to enable 
        the county or counties to provide the treatment services in 
        subdivision 2.  Services provided through an agreement between a 
        county and a regional treatment center must meet the same 
        requirements as services from other service providers.  County 
        boards shall demonstrate their continuous progress toward full 
        implementation of sections 245.461 to 245.486 during the period 
        July 1, 1987, to January 1, 1990.  County boards must develop 
        fully each of the treatment services and management activities 
        prescribed by sections 245.461 to 245.486 by January 1, 1990, 
        according to the priorities established in section 245.464 and 
        the adult mental health component of the community social 
        services plan approved by the commissioner. 
           Sec. 43.  Minnesota Statutes 2004, section 245.4875, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEVELOPMENT OF CHILDREN'S SERVICES.] The 
        county board in each county is responsible for using all 
        available resources to develop and coordinate a system of 
        locally available and affordable children's mental health 
        services.  The county board may provide some or all of the 
        children's mental health services and activities specified in 
        subdivision 2 directly through a county agency or under 
        contracts with other individuals or agencies.  A county or 
        counties may enter into an agreement with a regional treatment 
        center under section 246.57 to enable the county or counties to 
        provide the treatment services in subdivision 2.  Services 
        provided through an agreement between a county and a regional 
        treatment center must meet the same requirements as services 
        from other service providers.  County boards shall demonstrate 
        their continuous progress toward fully implementing sections 
        245.487 to 245.4887 during the period July 1, 1989, to January 
        1, 1992.  County boards must develop fully each of the treatment 
        services prescribed by sections 245.487 to 245.4887 by January 
        1, 1992, according to the priorities established in section 
        245.4873 and the children's mental health component of the 
        community social services plan approved by the commissioner 
        under section 245.4887. 
           Sec. 44.  Minnesota Statutes 2004, section 245.75, is 
        amended to read: 
           245.75 [FEDERAL GRANTS FOR THE WELFARE AND RELIEF OF 
        MINNESOTA INDIANS.] 
           The commissioner of human services is authorized to enter 
        into contracts with the Department of Health, Education, Welfare 
        and the Department of Interior, Bureau of Indian Affairs, for 
        the purpose of receiving federal grants for the welfare and 
        relief of Minnesota Indians.  Such contract and the plan of 
        distribution of such funds shall be subject to approval of the 
        Minnesota Public Relief Advisory Committee. 
           Sec. 45.  Minnesota Statutes 2004, section 246B.04, 
        subdivision 2, is amended to read: 
           Subd. 2.  [BAN ON OBSCENE MATERIAL OR PORNOGRAPHIC WORK.] 
        The commissioner shall prohibit persons civilly committed as 
        sexual psychopathic personalities or sexually dangerous persons 
        under sections 246.43 and section 253B.185 from having or 
        receiving material that is obscene as defined under section 
        617.241, subdivision 1, material that depicts sexual conduct as 
        defined under section 617.241, subdivision 1, or pornographic 
        work as defined under section 617.246, subdivision 1, while 
        receiving services in any secure treatment facilities operated 
        by the Minnesota sex offender program or any other facilities 
        operated by the commissioner. 
           Sec. 46.  Minnesota Statutes 2004, section 252.24, 
        subdivision 5, is amended to read: 
           Subd. 5.  [DEVELOPMENTAL ACHIEVEMENT CENTERS:  SALARY 
        ADJUSTMENT PER DIEM.] The commissioner shall approve a two 
        percent increase in the payment rates for day training and 
        habilitation services vendors effective July 1, 1991.  All 
        revenue generated shall be used by vendors to increase salaries, 
        fringe benefits, and payroll taxes by at least three percent for 
        personnel below top management.  County boards shall amend 
        contracts with vendors to require that all revenue generated by 
        this provision is expended on salary increases to staff below 
        top management.  County boards shall verify in writing to the 
        commissioner that each vendor has complied with this 
        requirement.  If a county board determines that a vendor has not 
        complied with this requirement for a specific contract period, 
        the county board shall reduce the vendor's payment rates for the 
        next contract period to reflect the amount of money not spent 
        appropriately.  The commissioner shall modify reporting 
        requirements for vendors and counties as necessary to monitor 
        compliance with this provision. 
           Each county agency shall report to the commissioner by July 
        30, 1991, its actual social service day training and 
        habilitation expenditures for calendar year 1990.  The 
        commissioner shall allocate the day habilitation service CSSA 
        appropriation made available for this purpose to county agencies 
        in proportion to these expenditures. 
           Sec. 47.  Minnesota Statutes 2004, section 256B.055, 
        subdivision 12, is amended to read: 
           Subd. 12.  [DISABLED CHILDREN.] (a) A person is eligible 
        for medical assistance if the person is under age 19 and 
        qualifies as a disabled individual under United States Code, 
        title 42, section 1382c(a), and would be eligible for medical 
        assistance under the state plan if residing in a medical 
        institution, and the child requires a level of care provided in 
        a hospital, nursing facility, or intermediate care facility for 
        persons with mental retardation or related conditions, for whom 
        home care is appropriate, provided that the cost to medical 
        assistance under this section is not more than the amount that 
        medical assistance would pay for if the child resides in an 
        institution.  After the child is determined to be eligible under 
        this section, the commissioner shall review the child's 
        disability under United States Code, title 42, section 1382c(a) 
        and level of care defined under this section no more often than 
        annually and may elect, based on the recommendation of health 
        care professionals under contract with the state medical review 
        team, to extend the review of disability and level of care up to 
        a maximum of four years.  The commissioner's decision on the 
        frequency of continuing review of disability and level of care 
        is not subject to administrative appeal under section 256.045.  
        Nothing in this subdivision shall be construed as affecting 
        other redeterminations of medical assistance eligibility under 
        this chapter and annual cost-effective reviews under this 
        section.  
           (b) For purposes of this subdivision, "hospital" means an 
        institution as defined in section 144.696, subdivision 3, 
        144.55, subdivision 3, or Minnesota Rules, part 4640.3600, and 
        licensed pursuant to sections 144.50 to 144.58.  For purposes of 
        this subdivision, a child requires a level of care provided in a 
        hospital if the child is determined by the commissioner to need 
        an extensive array of health services, including mental health 
        services, for an undetermined period of time, whose health 
        condition requires frequent monitoring and treatment by a health 
        care professional or by a person supervised by a health care 
        professional, who would reside in a hospital or require frequent 
        hospitalization if these services were not provided, and the 
        daily care needs are more complex than a nursing facility level 
        of care.  
           A child with serious emotional disturbance requires a level 
        of care provided in a hospital if the commissioner determines 
        that the individual requires 24-hour supervision because the 
        person exhibits recurrent or frequent suicidal or homicidal 
        ideation or behavior, recurrent or frequent psychosomatic 
        disorders or somatopsychic disorders that may become life 
        threatening, recurrent or frequent severe socially unacceptable 
        behavior associated with psychiatric disorder, ongoing and 
        chronic psychosis or severe, ongoing and chronic developmental 
        problems requiring continuous skilled observation, or severe 
        disabling symptoms for which office-centered outpatient 
        treatment is not adequate, and which overall severely impact the 
        individual's ability to function. 
           (c) For purposes of this subdivision, "nursing facility" 
        means a facility which provides nursing care as defined in 
        section 144A.01, subdivision 5, licensed pursuant to sections 
        144A.02 to 144A.10, which is appropriate if a person is in 
        active restorative treatment; is in need of special treatments 
        provided or supervised by a licensed nurse; or has unpredictable 
        episodes of active disease processes requiring immediate 
        judgment by a licensed nurse.  For purposes of this subdivision, 
        a child requires the level of care provided in a nursing 
        facility if the child is determined by the commissioner to meet 
        the requirements of the preadmission screening assessment 
        document under section 256B.0911 and the home care independent 
        rating document under section 256B.0627, subdivision 5, 
        paragraph (f) (e), clause (2), item (iii), adjusted to address 
        age-appropriate standards for children age 18 and under, 
        pursuant to section 256B.0627, subdivision 5, paragraph (d), 
        clause (2). 
           (d) For purposes of this subdivision, "intermediate care 
        facility for persons with mental retardation or related 
        conditions" or "ICF/MR" means a program licensed to provide 
        services to persons with mental retardation under section 
        252.28, and chapter 245A, and a physical plant licensed as a 
        supervised living facility under chapter 144, which together are 
        certified by the Minnesota Department of Health as meeting the 
        standards in Code of Federal Regulations, title 42, part 483, 
        for an intermediate care facility which provides services for 
        persons with mental retardation or persons with related 
        conditions who require 24-hour supervision and active treatment 
        for medical, behavioral, or habilitation needs.  For purposes of 
        this subdivision, a child requires a level of care provided in 
        an ICF/MR if the commissioner finds that the child has mental 
        retardation or a related condition in accordance with section 
        256B.092, is in need of a 24-hour plan of care and active 
        treatment similar to persons with mental retardation, and there 
        is a reasonable indication that the child will need ICF/MR 
        services. 
           (e) For purposes of this subdivision, a person requires the 
        level of care provided in a nursing facility if the person 
        requires 24-hour monitoring or supervision and a plan of mental 
        health treatment because of specific symptoms or functional 
        impairments associated with a serious mental illness or disorder 
        diagnosis, which meet severity criteria for mental health 
        established by the commissioner and published in March 1997 as 
        the Minnesota Mental Health Level of Care for Children and 
        Adolescents with Severe Emotional Disorders. 
           (f) The determination of the level of care needed by the 
        child shall be made by the commissioner based on information 
        supplied to the commissioner by the parent or guardian, the 
        child's physician or physicians, and other professionals as 
        requested by the commissioner.  The commissioner shall establish 
        a screening team to conduct the level of care determinations 
        according to this subdivision. 
           (g) If a child meets the conditions in paragraph (b), (c), 
        (d), or (e), the commissioner must assess the case to determine 
        whether: 
           (1) the child qualifies as a disabled individual under 
        United States Code, title 42, section 1382c(a), and would be 
        eligible for medical assistance if residing in a medical 
        institution; and 
           (2) the cost of medical assistance services for the child, 
        if eligible under this subdivision, would not be more than the 
        cost to medical assistance if the child resides in a medical 
        institution to be determined as follows: 
           (i) for a child who requires a level of care provided in an 
        ICF/MR, the cost of care for the child in an institution shall 
        be determined using the average payment rate established for the 
        regional treatment centers that are certified as ICFs/MR; 
           (ii) for a child who requires a level of care provided in 
        an inpatient hospital setting according to paragraph (b), 
        cost-effectiveness shall be determined according to Minnesota 
        Rules, part 9505.3520, items F and G; and 
           (iii) for a child who requires a level of care provided in 
        a nursing facility according to paragraph (c) or (e), 
        cost-effectiveness shall be determined according to Minnesota 
        Rules, part 9505.3040, except that the nursing facility average 
        rate shall be adjusted to reflect rates which would be paid for 
        children under age 16.  The commissioner may authorize an amount 
        up to the amount medical assistance would pay for a child 
        referred to the commissioner by the preadmission screening team 
        under section 256B.0911. 
           (h) Children eligible for medical assistance services under 
        section 256B.055, subdivision 12, as of June 30, 1995, must be 
        screened according to the criteria in this subdivision prior to 
        January 1, 1996.  Children found to be ineligible may not be 
        removed from the program until January 1, 1996. 
           Sec. 48.  Minnesota Statutes 2004, section 256B.0625, 
        subdivision 6a, is amended to read: 
           Subd. 6a.  [HOME HEALTH SERVICES.] Home health services are 
        those services specified in Minnesota Rules, part 
        9505.0290 9505.0295. Medical assistance covers home health 
        services at a recipient's home residence.  Medical assistance 
        does not cover home health services for residents of a hospital, 
        nursing facility, or intermediate care facility, unless the 
        commissioner of human services has prior authorized skilled 
        nurse visits for less than 90 days for a resident at an 
        intermediate care facility for persons with mental retardation, 
        to prevent an admission to a hospital or nursing facility or 
        unless a resident who is otherwise eligible is on leave from the 
        facility and the facility either pays for the home health 
        services or forgoes the facility per diem for the leave days 
        that home health services are used.  Home health services must 
        be provided by a Medicare certified home health agency.  All 
        nursing and home health aide services must be provided according 
        to section 256B.0627. 
           Sec. 49.  Minnesota Statutes 2004, section 256B.0627, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITION.] (a) "Activities of daily 
        living" includes eating, toileting, grooming, dressing, bathing, 
        transferring, mobility, and positioning.  
           (b) "Assessment" means a review and evaluation of a 
        recipient's need for home care services conducted in person.  
        Assessments for private duty nursing shall be conducted by a 
        registered private duty nurse.  Assessments for home health 
        agency services shall be conducted by a home health agency 
        nurse.  Assessments for personal care assistant services shall 
        be conducted by the county public health nurse or a certified 
        public health nurse under contract with the county.  A 
        face-to-face assessment must include:  documentation of health 
        status, determination of need, evaluation of service 
        effectiveness, identification of appropriate services, service 
        plan development or modification, coordination of services, 
        referrals and follow-up to appropriate payers and community 
        resources, completion of required reports, recommendation of 
        service authorization, and consumer education.  Once the need 
        for personal care assistant services is determined under this 
        section, the county public health nurse or certified public 
        health nurse under contract with the county is responsible for 
        communicating this recommendation to the commissioner and the 
        recipient.  A face-to-face assessment for personal care 
        assistant services is conducted on those recipients who have 
        never had a county public health nurse assessment.  A 
        face-to-face assessment must occur at least annually or when 
        there is a significant change in the recipient's condition or 
        when there is a change in the need for personal care assistant 
        services.  A service update may substitute for the annual 
        face-to-face assessment when there is not a significant change 
        in recipient condition or a change in the need for personal care 
        assistant service.  A service update or review for temporary 
        increase includes a review of initial baseline data, evaluation 
        of service effectiveness, redetermination of service need, 
        modification of service plan and appropriate referrals, update 
        of initial forms, obtaining service authorization, and on going 
        consumer education.  Assessments for medical assistance home 
        care services for mental retardation or related conditions and 
        alternative care services for developmentally disabled home and 
        community-based waivered recipients may be conducted by the 
        county public health nurse to ensure coordination and avoid 
        duplication.  Assessments must be completed on forms provided by 
        the commissioner within 30 days of a request for home care 
        services by a recipient or responsible party. 
           (c) "Care plan" means a written description of personal 
        care assistant services developed by the qualified professional 
        or the recipient's physician with the recipient or responsible 
        party to be used by the personal care assistant with a copy 
        provided to the recipient or responsible party. 
           (d) "Complex and regular private duty nursing care" means: 
           (1) complex care is private duty nursing provided to 
        recipients who are ventilator dependent or for whom a physician 
        has certified that were it not for private duty nursing the 
        recipient would meet the criteria for inpatient hospital 
        intensive care unit (ICU) level of care; and 
           (2) regular care is private duty nursing provided to all 
        other recipients. 
           (e) "Health-related functions" means functions that can be 
        delegated or assigned by a licensed health care professional 
        under state law to be performed by a personal care 
        attendant assistant. 
           (f) "Home care services" means a health service, determined 
        by the commissioner as medically necessary, that is ordered by a 
        physician and documented in a service plan that is reviewed by 
        the physician at least once every 60 days for the provision of 
        home health services, or private duty nursing, or at least once 
        every 365 days for personal care.  Home care services are 
        provided to the recipient at the recipient's residence that is a 
        place other than a hospital or long-term care facility or as 
        specified in section 256B.0625.  
           (g) "Instrumental activities of daily living" includes meal 
        planning and preparation, managing finances, shopping for food, 
        clothing, and other essential items, performing essential 
        household chores, communication by telephone and other media, 
        and getting around and participating in the community. 
           (h) "Medically necessary" has the meaning given in 
        Minnesota Rules, parts 9505.0170 to 9505.0475.  
           (i) "Personal care assistant" means a person who:  
           (1) is at least 18 years old, except for persons 16 to 18 
        years of age who participated in a related school-based job 
        training program or have completed a certified home health aide 
        competency evaluation; 
           (2) is able to effectively communicate with the recipient 
        and personal care provider organization; 
           (3) effective July 1, 1996, has completed one of the 
        training requirements as specified in Minnesota Rules, part 
        9505.0335, subpart 3, items A to D; 
           (4) has the ability to, and provides covered personal care 
        assistant services according to the recipient's care plan, 
        responds appropriately to recipient needs, and reports changes 
        in the recipient's condition to the supervising qualified 
        professional or physician; 
           (5) is not a consumer of personal care assistant services; 
        and 
           (6) is subject to criminal background checks and procedures 
        specified in chapter 245C.  
           (j) "Personal care provider organization" means an 
        organization enrolled to provide personal care assistant 
        services under the medical assistance program that complies with 
        the following:  (1) owners who have a five percent interest or 
        more, and managerial officials are subject to a background study 
        as provided in chapter 245C.  This applies to currently enrolled 
        personal care provider organizations and those agencies seeking 
        enrollment as a personal care provider organization.  An 
        organization will be barred from enrollment if an owner or 
        managerial official of the organization has been convicted of a 
        crime specified in chapter 245C, or a comparable crime in 
        another jurisdiction, unless the owner or managerial official 
        meets the reconsideration criteria specified in chapter 245C; 
        (2) the organization must maintain a surety bond and liability 
        insurance throughout the duration of enrollment and provides 
        proof thereof.  The insurer must notify the Department of Human 
        Services of the cancellation or lapse of policy; and (3) the 
        organization must maintain documentation of services as 
        specified in Minnesota Rules, part 9505.2175, subpart 7, as well 
        as evidence of compliance with personal care assistant training 
        requirements. 
           (k) "Responsible party" means an individual who is capable 
        of providing the support necessary to assist the recipient to 
        live in the community, is at least 18 years old, actively 
        participates in planning and directing of personal care 
        assistant services, and is not the personal care assistant.  The 
        responsible party must be accessible to the recipient and the 
        personal care assistant when personal care services are being 
        provided and monitor the services at least weekly according to 
        the plan of care.  The responsible party must be identified at 
        the time of assessment and listed on the recipient's service 
        agreement and care plan.  Responsible parties may delegate the 
        responsibility to another adult who is not the personal care 
        assistant.  The responsible party must assure that the delegate 
        performs the functions of the responsible party, is identified 
        at the time of the assessment, and is listed on the service 
        agreement and the care plan.  Foster care license holders may be 
        designated the responsible party for residents of the foster 
        care home if case management is provided as required in section 
        256B.0625, subdivision 19a.  For persons who, as of April 1, 
        1992, are sharing personal care assistant services in order to 
        obtain the availability of 24-hour coverage, an employee of the 
        personal care provider organization may be designated as the 
        responsible party if case management is provided as required in 
        section 256B.0625, subdivision 19a. 
           (l) "Service plan" means a written description of the 
        services needed based on the assessment developed by the nurse 
        who conducts the assessment together with the recipient or 
        responsible party.  The service plan shall include a description 
        of the covered home care services, frequency and duration of 
        services, and expected outcomes and goals.  The recipient and 
        the provider chosen by the recipient or responsible party must 
        be given a copy of the completed service plan within 30 calendar 
        days of the request for home care services by the recipient or 
        responsible party. 
           (m) "Skilled nurse visits" are provided in a recipient's 
        residence under a plan of care or service plan that specifies a 
        level of care which the nurse is qualified to provide.  These 
        services are: 
           (1) nursing services according to the written plan of care 
        or service plan and accepted standards of medical and nursing 
        practice in accordance with chapter 148; 
           (2) services which due to the recipient's medical condition 
        may only be safely and effectively provided by a registered 
        nurse or a licensed practical nurse; 
           (3) assessments performed only by a registered nurse; and 
           (4) teaching and training the recipient, the recipient's 
        family, or other caregivers requiring the skills of a registered 
        nurse or licensed practical nurse. 
           (n) "Telehomecare" means the use of telecommunications 
        technology by a home health care professional to deliver home 
        health care services, within the professional's scope of 
        practice, to a patient located at a site other than the site 
        where the practitioner is located. 
           Sec. 50.  Minnesota Statutes 2004, section 256B.0627, 
        subdivision 5, is amended to read: 
           Subd. 5.  [LIMITATION ON PAYMENTS.] Medical assistance 
        payments for home care services shall be limited according to 
        this subdivision.  
           (a)  [LIMITS ON SERVICES WITHOUT PRIOR AUTHORIZATION.] A 
        recipient may receive the following home care services during a 
        calendar year: 
           (1) up to two face-to-face assessments to determine a 
        recipient's need for personal care assistant services; 
           (2) one service update done to determine a recipient's need 
        for personal care assistant services; and 
           (3) up to nine skilled nurse visits.  
           (b)  [PRIOR AUTHORIZATION; EXCEPTIONS.] All home care 
        services above the limits in paragraph (a) must receive the 
        commissioner's prior authorization, except when: 
           (1) the home care services were required to treat an 
        emergency medical condition that if not immediately treated 
        could cause a recipient serious physical or mental disability, 
        continuation of severe pain, or death.  The provider must 
        request retroactive authorization no later than five working 
        days after giving the initial service.  The provider must be 
        able to substantiate the emergency by documentation such as 
        reports, notes, and admission or discharge histories; 
           (2) the home care services were provided on or after the 
        date on which the recipient's eligibility began, but before the 
        date on which the recipient was notified that the case was 
        opened.  Authorization will be considered if the request is 
        submitted by the provider within 20 working days of the date the 
        recipient was notified that the case was opened; 
           (3) a third-party payor for home care services has denied 
        or adjusted a payment.  Authorization requests must be submitted 
        by the provider within 20 working days of the notice of denial 
        or adjustment.  A copy of the notice must be included with the 
        request; 
           (4) the commissioner has determined that a county or state 
        human services agency has made an error; or 
           (5) the professional nurse determines an immediate need for 
        up to 40 skilled nursing or home health aide visits per calendar 
        year and submits a request for authorization within 20 working 
        days of the initial service date, and medical assistance is 
        determined to be the appropriate payer. 
           (c)  [RETROACTIVE AUTHORIZATION.] A request for retroactive 
        authorization will be evaluated according to the same criteria 
        applied to prior authorization requests.  
           (d)  [ASSESSMENT AND SERVICE PLAN.] Assessments under 
        section 256B.0627, subdivision 1, paragraph (a) (b), shall be 
        conducted initially, and at least annually thereafter, in person 
        with the recipient and result in a completed service plan using 
        forms specified by the commissioner.  Within 30 days of 
        recipient or responsible party request for home care services, 
        the assessment, the service plan, and other information 
        necessary to determine medical necessity such as diagnostic or 
        testing information, social or medical histories, and hospital 
        or facility discharge summaries shall be submitted to the 
        commissioner.  Notwithstanding the provisions of section 
        256B.0627, subdivision 12, the commissioner shall maximize 
        federal financial participation to pay for public health nurse 
        assessments for personal care services.  For personal care 
        assistant services: 
           (1) The amount and type of service authorized based upon 
        the assessment and service plan will follow the recipient if the 
        recipient chooses to change providers.  
           (2) If the recipient's medical need changes, the 
        recipient's provider may assess the need for a change in service 
        authorization and request the change from the county public 
        health nurse.  Within 30 days of the request, the public health 
        nurse will determine whether to request the change in services 
        based upon the provider assessment, or conduct a home visit to 
        assess the need and determine whether the change is appropriate. 
           (3) To continue to receive personal care assistant services 
        after the first year, the recipient or the responsible party, in 
        conjunction with the public health nurse, may complete a service 
        update on forms developed by the commissioner according to 
        criteria and procedures in subdivision 1.  
           (e)  [PRIOR AUTHORIZATION.] The commissioner, or the 
        commissioner's designee, shall review the assessment, service 
        update, request for temporary services, service plan, and any 
        additional information that is submitted.  The commissioner 
        shall, within 30 days after receiving a complete request, 
        assessment, and service plan, authorize home care services as 
        follows:  
           (1)  [HOME HEALTH SERVICES.] All home health services 
        provided by a home health aide must be prior authorized by the 
        commissioner or the commissioner's designee.  Prior 
        authorization must be based on medical necessity and 
        cost-effectiveness when compared with other care options.  When 
        home health services are used in combination with personal care 
        and private duty nursing, the cost of all home care services 
        shall be considered for cost-effectiveness.  The commissioner 
        shall limit home health aide visits to no more than one visit 
        each per day.  The commissioner, or the commissioner's designee, 
        may authorize up to two skilled nurse visits per day. 
           (2)  [PERSONAL CARE ASSISTANT SERVICES.] (i) All personal 
        care assistant services and supervision by a qualified 
        professional, if requested by the recipient, must be prior 
        authorized by the commissioner or the commissioner's designee 
        except for the assessments established in paragraph (a).  The 
        amount of personal care assistant services authorized must be 
        based on the recipient's home care rating.  A child may not be 
        found to be dependent in an activity of daily living if because 
        of the child's age an adult would either perform the activity 
        for the child or assist the child with the activity and the 
        amount of assistance needed is similar to the assistance 
        appropriate for a typical child of the same age.  Based on 
        medical necessity, the commissioner may authorize: 
           (A) up to two times the average number of direct care hours 
        provided in nursing facilities for the recipient's comparable 
        case mix level; or 
           (B) up to three times the average number of direct care 
        hours provided in nursing facilities for recipients who have 
        complex medical needs or are dependent in at least seven 
        activities of daily living and need physical assistance with 
        eating or have a neurological diagnosis; or 
           (C) up to 60 percent of the average reimbursement rate, as 
        of July 1, 1991, for care provided in a regional treatment 
        center for recipients who have Level I behavior, plus any 
        inflation adjustment as provided by the legislature for personal 
        care service; or 
           (D) up to the amount the commissioner would pay, as of July 
        1, 1991, plus any inflation adjustment provided for home care 
        services, for care provided in a regional treatment center for 
        recipients referred to the commissioner by a regional treatment 
        center preadmission evaluation team.  For purposes of this 
        clause, home care services means all services provided in the 
        home or community that would be included in the payment to a 
        regional treatment center; or 
           (E) up to the amount medical assistance would reimburse for 
        facility care for recipients referred to the commissioner by a 
        preadmission screening team established under section 256B.0911 
        or 256B.092; and 
           (F) a reasonable amount of time for the provision of 
        supervision by a qualified professional of personal care 
        assistant services, if a qualified professional is requested by 
        the recipient or responsible party.  
           (ii) The number of direct care hours shall be determined 
        according to the annual cost report submitted to the department 
        by nursing facilities.  The average number of direct care hours, 
        as established by May 1, 1992, shall be calculated and 
        incorporated into the home care limits on July 1, 1992.  These 
        limits shall be calculated to the nearest quarter hour. 
           (iii) The home care rating shall be determined by the 
        commissioner or the commissioner's designee based on information 
        submitted to the commissioner by the county public health nurse 
        on forms specified by the commissioner.  The home care rating 
        shall be a combination of current assessment tools developed 
        under sections 256B.0911 and 256B.501 with an addition for 
        seizure activity that will assess the frequency and severity of 
        seizure activity and with adjustments, additions, and 
        clarifications that are necessary to reflect the needs and 
        conditions of recipients who need home care including children 
        and adults under 65 years of age.  The commissioner shall 
        establish these forms and protocols under this section and shall 
        use an advisory group, including representatives of recipients, 
        providers, and counties, for consultation in establishing and 
        revising the forms and protocols. 
           (iv) A recipient shall qualify as having complex medical 
        needs if the care required is difficult to perform and because 
        of recipient's medical condition requires more time than 
        community-based standards allow or requires more skill than 
        would ordinarily be required and the recipient needs or has one 
        or more of the following: 
           (A) daily tube feedings; 
           (B) daily parenteral therapy; 
           (C) wound or decubiti care; 
           (D) postural drainage, percussion, nebulizer treatments, 
        suctioning, tracheotomy care, oxygen, mechanical ventilation; 
           (E) catheterization; 
           (F) ostomy care; 
           (G) quadriplegia; or 
           (H) other comparable medical conditions or treatments the 
        commissioner determines would otherwise require institutional 
        care.  
           (v) A recipient shall qualify as having Level I behavior if 
        there is reasonable supporting evidence that the recipient 
        exhibits, or that without supervision, observation, or 
        redirection would exhibit, one or more of the following 
        behaviors that cause, or have the potential to cause: 
           (A) injury to the recipient's own body; 
           (B) physical injury to other people; or 
           (C) destruction of property. 
           (vi) Time authorized for personal care relating to Level I 
        behavior in subclause (v), items (A) to (C), shall be based on 
        the predictability, frequency, and amount of intervention 
        required. 
           (vii) A recipient shall qualify as having Level II behavior 
        if the recipient exhibits on a daily basis one or more of the 
        following behaviors that interfere with the completion of 
        personal care assistant services under subdivision 4, paragraph 
        (a): 
           (A) unusual or repetitive habits; 
           (B) withdrawn behavior; or 
           (C) offensive behavior. 
           (viii) A recipient with a home care rating of Level II 
        behavior in subclause (vii), items (A) to (C), shall be rated as 
        comparable to a recipient with complex medical needs under 
        subclause (iv).  If a recipient has both complex medical needs 
        and Level II behavior, the home care rating shall be the next 
        complex category up to the maximum rating under subclause (i), 
        item (B). 
           (3)  [PRIVATE DUTY NURSING SERVICES.] All private duty 
        nursing services shall be prior authorized by the commissioner 
        or the commissioner's designee.  Prior authorization for private 
        duty nursing services shall be based on medical necessity and 
        cost-effectiveness when compared with alternative care options.  
        The commissioner may authorize medically necessary private duty 
        nursing services in quarter-hour units when: 
           (i) the recipient requires more individual and continuous 
        care than can be provided during a nurse visit; or 
           (ii) the cares are outside of the scope of services that 
        can be provided by a home health aide or personal care assistant.
           The commissioner may authorize: 
           (A) up to two times the average amount of direct care hours 
        provided in nursing facilities statewide for case mix 
        classification "K" as established by the annual cost report 
        submitted to the department by nursing facilities in May 1992; 
           (B) private duty nursing in combination with other home 
        care services up to the total cost allowed under clause (2); 
           (C) up to 16 hours per day if the recipient requires more 
        nursing than the maximum number of direct care hours as 
        established in item (A) and the recipient meets the hospital 
        admission criteria established under Minnesota Rules, parts 
        9505.0501 to 9505.0540.  
           The commissioner may authorize up to 16 hours per day of 
        medically necessary private duty nursing services or up to 24 
        hours per day of medically necessary private duty nursing 
        services until such time as the commissioner is able to make a 
        determination of eligibility for recipients who are 
        cooperatively applying for home care services under the 
        community alternative care program developed under section 
        256B.49, or until it is determined by the appropriate regulatory 
        agency that a health benefit plan is or is not required to pay 
        for appropriate medically necessary health care services.  
        Recipients or their representatives must cooperatively assist 
        the commissioner in obtaining this determination.  Recipients 
        who are eligible for the community alternative care program may 
        not receive more hours of nursing under this section than would 
        otherwise be authorized under section 256B.49.  
           (4)  [VENTILATOR-DEPENDENT RECIPIENTS.] If the recipient is 
        ventilator-dependent, the monthly medical assistance 
        authorization for home care services shall not exceed what the 
        commissioner would pay for care at the highest cost hospital 
        designated as a long-term hospital under the Medicare program.  
        For purposes of this clause, home care services means all 
        services provided in the home that would be included in the 
        payment for care at the long-term hospital.  
        "Ventilator-dependent" means an individual who receives 
        mechanical ventilation for life support at least six hours per 
        day and is expected to be or has been dependent for at least 30 
        consecutive days.  
           (f)  [PRIOR AUTHORIZATION; TIME LIMITS.] The commissioner 
        or the commissioner's designee shall determine the time period 
        for which a prior authorization shall be effective.  If the 
        recipient continues to require home care services beyond the 
        duration of the prior authorization, the home care provider must 
        request a new prior authorization.  Under no circumstances, 
        other than the exceptions in paragraph (b), shall a prior 
        authorization be valid prior to the date the commissioner 
        receives the request or for more than 12 months.  A recipient 
        who appeals a reduction in previously authorized home care 
        services may continue previously authorized services, other than 
        temporary services under paragraph (h), pending an appeal under 
        section 256.045.  The commissioner must provide a detailed 
        explanation of why the authorized services are reduced in amount 
        from those requested by the home care provider.  
           (g)  [APPROVAL OF HOME CARE SERVICES.] The commissioner or 
        the commissioner's designee shall determine the medical 
        necessity of home care services, the level of caregiver 
        according to subdivision 2, and the institutional comparison 
        according to this subdivision, the cost-effectiveness of 
        services, and the amount, scope, and duration of home care 
        services reimbursable by medical assistance, based on the 
        assessment, primary payer coverage determination information as 
        required, the service plan, the recipient's age, the cost of 
        services, the recipient's medical condition, and diagnosis or 
        disability.  The commissioner may publish additional criteria 
        for determining medical necessity according to section 256B.04. 
           (h)  [PRIOR AUTHORIZATION REQUESTS; TEMPORARY SERVICES.] 
        The agency nurse, the independently enrolled private duty nurse, 
        or county public health nurse may request a temporary 
        authorization for home care services by telephone.  The 
        commissioner may approve a temporary level of home care services 
        based on the assessment, and service or care plan information, 
        and primary payer coverage determination information as required.
        Authorization for a temporary level of home care services 
        including nurse supervision is limited to the time specified by 
        the commissioner, but shall not exceed 45 days, unless extended 
        because the county public health nurse has not completed the 
        required assessment and service plan, or the commissioner's 
        determination has not been made.  The level of services 
        authorized under this provision shall have no bearing on a 
        future prior authorization. 
           (i)  [PRIOR AUTHORIZATION REQUIRED IN FOSTER CARE SETTING.] 
        Home care services provided in an adult or child foster care 
        setting must receive prior authorization by the department 
        according to the limits established in paragraph (a). 
           The commissioner may not authorize: 
           (1) home care services that are the responsibility of the 
        foster care provider under the terms of the foster care 
        placement agreement and administrative rules; 
           (2) personal care assistant services when the foster care 
        license holder is also the personal care provider or personal 
        care assistant unless the recipient can direct the recipient's 
        own care, or case management is provided as required in section 
        256B.0625, subdivision 19a; 
           (3) personal care assistant services when the responsible 
        party is an employee of, or under contract with, or has any 
        direct or indirect financial relationship with the personal care 
        provider or personal care assistant, unless case management is 
        provided as required in section 256B.0625, subdivision 19a; or 
           (4) personal care assistant and private duty nursing 
        services when the number of foster care residents is greater 
        than four unless the county responsible for the recipient's 
        foster placement made the placement prior to April 1, 1992, 
        requests that personal care assistant and private duty nursing 
        services be provided, and case management is provided as 
        required in section 256B.0625, subdivision 19a. 
           Sec. 51.  Minnesota Statutes 2004, section 256B.0917, 
        subdivision 4, is amended to read: 
           Subd. 4.  [ACCESSIBLE INFORMATION, SCREENING, AND 
        ASSESSMENT FUNCTION.] (a) The projects selected by and under 
        contract with the commissioner shall establish an accessible 
        information, screening, and assessment function for persons who 
        need assistance and information regarding long-term care.  This 
        accessible information, screening, and assessment activity shall 
        include information and referral, early intervention, follow-up 
        contacts, telephone screening, home visits, assessments, 
        preadmission screening, and relocation case management for the 
        frail elderly and their caregivers in the area served by the 
        county or counties.  The purpose is to ensure that information 
        and help is provided to elderly persons and their families in a 
        timely fashion, when they are making decisions about long-term 
        care.  These functions may be split among various agencies, but 
        must be coordinated by the local long-term care coordinating 
        team. 
           (b) Accessible information, screening, and assessment 
        functions shall be reimbursed as follows: 
           (1) The screenings of all persons entering nursing homes 
        shall be reimbursed as defined in section 256B.0911, subdivision 
        6; and 
           (2) Additional state administrative funds shall be 
        available for the access, screening, and assessment activities 
        that are not reimbursed under clause (1).  This amount shall not 
        exceed the amount authorized in the guidelines and in 
        instructions for the application and must be within the amount 
        appropriated for this activity. 
           (c) Any information and referral functions funded by other 
        sources, such as Title III of the Older Americans Act and Title 
        XX of the Social Security Act and the Community Social Services 
        Act, shall be considered by the local long-term care 
        coordinating team in establishing this function to avoid 
        duplication and to ensure access to information for persons 
        needing help and information regarding long-term care. 
           (d) The lead agency or the agencies under contract with the 
        lead agency which are responsible for the accessible 
        information, screening, and assessment function must complete 
        the forms and reports required by the commissioner as specified 
        in the contract. 
           Sec. 52.  Minnesota Statutes 2004, section 256B.0917, 
        subdivision 5, is amended to read: 
           Subd. 5.  [SERVICE DEVELOPMENT AND SERVICE DELIVERY.] (a) 
        In addition to the access, screening, and assessment activity, 
        each local strategy may include provisions for the following: 
           (1) the addition of a full-time staff person who is 
        responsible to develop the following services and recruit 
        providers as established in the contract: 
           (i) additional adult family foster care homes; 
           (ii) family adult day care providers as defined in section 
        256B.0919, subdivision 2; 
           (iii) an assisted living program in an apartment; 
           (iv) a congregate housing service project in a subsidized 
        housing project; and 
           (v) the expansion of evening and weekend coverage of home 
        care services as deemed necessary by the local strategic plan; 
           (2) small incentive grants to new adult family care 
        providers for renovations needed to meet licensure requirements; 
           (3) a plan to apply for a congregate housing service 
        project as identified in section 256.9731, authorized by the 
        Minnesota Board on Aging, to the extent that funds are 
        available; 
           (4) (3) a plan to divert new applicants to nursing homes 
        and to relocate a targeted population from nursing homes, using 
        the individual's own resources or the funding available for 
        services; 
           (5) (4) one or more caregiver support and respite care 
        projects, as described in subdivision 6; and 
           (6) (5) one or more living-at-home/block nurse projects, as 
        described in subdivisions 7 to 10. 
           (b) The expansion of alternative care clients under 
        paragraph (a) shall be accomplished with the funds provided 
        under section 256B.0913, and includes the allocation of targeted 
        funds.  The funding for all participating counties must be 
        coordinated by the local long-term care coordinating team and 
        must be part of the local long-term care strategy.  Alternative 
        care funds may be transferred from one SAIL county to another 
        within a designated SAIL project area during a fiscal year as 
        authorized by the local long-term care coordinating team and 
        approved by the commissioner.  The base allocation used for a 
        future year shall reflect the final transfer.  Each county 
        retains responsibility for reimbursement as defined in section 
        256B.0913, subdivision 12.  All other requirements for the 
        alternative care program must be met unless an exception is 
        provided in this section.  The commissioner may establish by 
        contract a reimbursement mechanism for alternative care that 
        does not require invoice processing through the Medical 
        Assistance Management Information System (MMIS).  The 
        commissioner and local agencies must assure that the same client 
        and reimbursement data is obtained as is available under MMIS.  
           (c) The administration of these components is the 
        responsibility of the agencies selected by the local 
        coordinating team and under contract with the local lead 
        agency.  However, administrative funds for paragraph (a), 
        clauses (2) to (5) (4), and grant funds for paragraph 
        (a), clauses (6) and (7) clause (5), shall be granted to the 
        local lead agency.  The funding available for each component is 
        based on the plan submitted and the amount negotiated in the 
        contract. 
           Sec. 53.  Minnesota Statutes 2004, section 256B.0951, 
        subdivision 8, is amended to read: 
           Subd. 8.  [FEDERAL WAIVER.] The commissioner of human 
        services shall seek a federal waiver to allow intermediate care 
        facilities for persons with mental retardation (ICFs/MR) in 
        region 10 of Minnesota to participate in the alternative 
        licensing system.  If it is necessary for purposes of 
        participation in this alternative licensing system for a 
        facility to be decertified as an ICF/MR facility according to 
        the terms of the federal waiver, when the facility seeks 
        recertification under the provisions of ICF/MR regulations at 
        the end of the demonstration project, it will not be considered 
        a new ICF/MR as defined under section 252.291 provided the 
        licensed capacity of the facility did not increase during its 
        participation in the alternative licensing system.  The 
        provisions of sections 252.82 252.28, 252.292, and 256B.5011 to 
        256B.5015 will remain applicable for counties in region 10 of 
        Minnesota and the ICFs/MR located within those counties 
        notwithstanding a county's participation in the alternative 
        licensing system. 
           Sec. 54.  Minnesota Statutes 2004, section 256B.431, 
        subdivision 14, is amended to read: 
           Subd. 14.  [LIMITATIONS ON SALES OF NURSING FACILITIES.] 
        (a) For rate periods beginning on October 1, 1992, and for rate 
        years beginning after June 30, 1993, a nursing facility's 
        property-related payment rate as established under subdivision 
        13 shall be adjusted by either paragraph (b) or (c) for the sale 
        of the nursing facility, including sales occurring after June 
        30, 1992, as provided in this subdivision. 
           (b) If the nursing facility's property-related payment rate 
        under subdivision 13 prior to sale is greater than the nursing 
        facility's rental rate under Minnesota Rules, parts 9549.0010 to 
        9549.0080, and this section prior to sale, the nursing 
        facility's property-related payment rate after sale shall be the 
        greater of its property-related payment rate under subdivision 
        13 prior to sale or its rental rate under Minnesota Rules, parts 
        9549.0010 to 9549.0080, and this section calculated after sale. 
           (c) If the nursing facility's property-related payment rate 
        under subdivision 13 prior to sale is equal to or less than the 
        nursing facility's rental rate under Minnesota Rules, parts 
        9549.0010 to 9549.0080, and this section prior to sale, the 
        nursing facility's property-related payment rate after sale 
        shall be the nursing facility's property-related payment rate 
        under subdivision 13 plus the difference between its rental rate 
        calculated under Minnesota Rules, parts 9549.0010 to 9549.0080, 
        and this section prior to sale and its rental rate calculated 
        under Minnesota Rules, parts 9549.0010 to 9549.0080, and this 
        section calculated after sale. 
           (d) For purposes of this subdivision, "sale" means the 
        purchase of a nursing facility's capital assets with cash or 
        debt.  The term sale does not include a stock purchase of a 
        nursing facility or any of the following transactions:  
           (1) a sale and leaseback to the same licensee that does not 
        constitute a change in facility license; 
           (2) a transfer of an interest to a trust; 
           (3) gifts or other transfers for no consideration; 
           (4) a merger of two or more related organizations; 
           (5) a change in the legal form of doing business, other 
        than a publicly held organization that becomes privately held or 
        vice versa; 
           (6) the addition of a new partner, owner, or shareholder 
        who owns less than 20 percent of the nursing facility or the 
        issuance of stock; and 
           (7) a sale, merger, reorganization, or any other transfer 
        of interest between related organizations other than those 
        permitted in this section.  
           (e) For purposes of this subdivision, "sale" includes the 
        sale or transfer of a nursing facility to a close relative as 
        defined in Minnesota Rules, part 9549.0020, subpart 38, item C, 
        upon the death of an owner, due to serious illness or 
        disability, as defined under the Social Security Act, under 
        United States Code, title 42, section 423(d)(1)(A), or upon 
        retirement of an owner from the business of owning or operating 
        a nursing home at 62 years of age or older.  For sales to a 
        close relative allowed under this paragraph, otherwise 
        nonallowable debt resulting from seller financing of all or a 
        portion of the debt resulting from the sale shall be allowed and 
        shall not be subject to Minnesota Rules, part 9549.0060, subpart 
        5, item E, provided that in addition to existing requirements 
        for allowance of debt and interest, the debt is subject to 
        repayment through annual principal payments and the interest 
        rate on the related organization debt does not exceed three 
        percentage points above the posted yield for standard 
        conventional fixed rate mortgages of the Federal Home Loan 
        Mortgage Corporation for delivery in 60 days in effect on the 
        day of sale.  If at any time, the seller forgives the related 
        organization debt allowed under this paragraph for other than 
        equal amount of payment on that debt, then the buyer shall pay 
        to the state the total revenue received by the nursing facility 
        after the sale attributable to the amount of allowable debt 
        which has been forgiven.  Any assignment, sale, or transfer of 
        the debt instrument entered into by the close relatives, either 
        directly or indirectly, which grants to the close relative buyer 
        the right to receive all or a portion of the payments under the 
        debt instrument shall, effective on the date of the transfer, 
        result in the prospective reduction in the corresponding portion 
        of the allowable debt and interest expense.  Upon the death of 
        the close relative seller, any remaining balance of the close 
        relative debt must be refinanced and such refinancing shall be 
        subject to the provisions of Minnesota Rules, part 9549.0060, 
        subpart 7, item G.  This paragraph shall not apply to sales 
        occurring on or after June 30, 1997.  
           (f) For purposes of this subdivision, "effective date of 
        sale" means the later of either the date on which legal title to 
        the capital assets is transferred or the date on which closing 
        for the sale occurred.  
           (g) The effective day for the property-related payment rate 
        determined under this subdivision shall be the first day of the 
        month following the month in which the effective date of sale 
        occurs or October 1, 1992, whichever is later, provided that the 
        notice requirements under section 256B.47, subdivision 2, have 
        been met. 
           (h) Notwithstanding Minnesota Rules, part 9549.0060, 
        subparts 5, item A, subitems (3) and (4), and 7, items E and F, 
        the commissioner shall limit the total allowable debt and 
        related interest for sales occurring after June 30, 1992, to the 
        sum of clauses (1) to (3):  
           (1) the historical cost of capital assets, as of the 
        nursing facility's most recent previous effective date of sale 
        or, if there has been no previous sale, the nursing facility's 
        initial historical cost of constructing capital assets; 
           (2) the average annual capital asset additions after 
        deduction for capital asset deletions, not including 
        depreciations; and 
           (3) one-half of the allowed inflation on the nursing 
        facility's capital assets.  The commissioner shall compute the 
        allowed inflation as described in paragraph (i). 
           (i) For purposes of computing the amount of allowed 
        inflation, the commissioner must apply the following principles: 
           (1) the lesser of the Consumer Price Index for all urban 
        consumers or the Dodge Construction Systems Costs for Nursing 
        Homes for any time periods during which both are available must 
        be used.  If the Dodge Construction Systems Costs for Nursing 
        Homes becomes unavailable, the commissioner shall substitute the 
        index in subdivision 3f, or such other index as the secretary of 
        the Centers for Medicare and Medicaid Services may designate; 
           (2) the amount of allowed inflation to be applied to the 
        capital assets in paragraph (g) (h), clauses (1) and (2), must 
        be computed separately; 
           (3) the amount of allowed inflation must be determined on 
        an annual basis, prorated on a monthly basis for partial years 
        and if the initial month of use is not determinable for a 
        capital asset, then one-half of that calendar year shall be used 
        for purposes of prorating; 
           (4) the amount of allowed inflation to be applied to the 
        capital assets in paragraph (g) (h), clauses (1) and (2), must 
        not exceed 300 percent of the total capital assets in any one of 
        those clauses; and 
           (5) the allowed inflation must be computed starting with 
        the month following the nursing facility's most recent previous 
        effective date of sale or, if there has been no previous sale, 
        the month following the date of the nursing facility's initial 
        occupancy, and ending with the month preceding the effective 
        date of sale. 
           (j) If the historical cost of a capital asset is not 
        readily available for the date of the nursing facility's most 
        recent previous sale or if there has been no previous sale for 
        the date of the nursing facility's initial occupancy, then the 
        commissioner shall limit the total allowable debt and related 
        interest after sale to the extent recognized by the Medicare 
        intermediary after the sale.  For a nursing facility that has no 
        historical capital asset cost data available and does not have 
        allowable debt and interest calculated by the Medicare 
        intermediary, the commissioner shall use the historical cost of 
        capital asset data from the point in time for which capital 
        asset data is recorded in the nursing facility's audited 
        financial statements. 
           (k) The limitations in this subdivision apply only to debt 
        resulting from a sale of a nursing facility occurring after June 
        30, 1992, including debt assumed by the purchaser of the nursing 
        facility. 
           Sec. 55.  Minnesota Statutes 2004, section 256G.01, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PROGRAM COVERAGE.] This chapter applies to all 
        social service programs administered by the commissioner in 
        which residence is the determining factor in establishing 
        financial responsibility.  These include, but are not limited to:
        commitment proceedings, including voluntary admissions; 
        emergency holds; poor relief funded wholly through local 
        agencies; social services, including title XX, IV-E and other 
        components of the Community Social Services Act, section 
        256E.12; social services programs funded wholly through the 
        resources of county agencies; social services provided under the 
        Minnesota Indian Family Preservation Act, sections 260.751 to 
        260.781; costs for delinquency confinement under section 393.07, 
        subdivision 2; service responsibility for these programs; and 
        group residential housing. 
           Sec. 56.  Minnesota Statutes 2004, section 256L.07, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERAL REQUIREMENTS.] (a) Children 
        enrolled in the original children's health plan as of September 
        30, 1992, children who enrolled in the MinnesotaCare program 
        after September 30, 1992, pursuant to Laws 1992, chapter 549, 
        article 4, section 17, and children who have family gross 
        incomes that are equal to or less than 150 percent of the 
        federal poverty guidelines are eligible without meeting the 
        requirements of subdivision 2 and the four-month requirement in 
        subdivision 3, as long as they maintain continuous coverage in 
        the MinnesotaCare program or medical assistance.  Children who 
        apply for MinnesotaCare on or after the implementation date of 
        the employer-subsidized health coverage program as described in 
        Laws 1998, chapter 407, article 5, section 45, who have family 
        gross incomes that are equal to or less than 150 percent of the 
        federal poverty guidelines, must meet the requirements of 
        subdivision 2 to be eligible for MinnesotaCare. 
           (b) Families enrolled in MinnesotaCare under section 
        256L.04, subdivision 1, whose income increases above 275 percent 
        of the federal poverty guidelines, are no longer eligible for 
        the program and shall be disenrolled by the commissioner.  
        Individuals enrolled in MinnesotaCare under section 256L.04, 
        subdivision 7, whose income increases above 175 percent of the 
        federal poverty guidelines are no longer eligible for the 
        program and shall be disenrolled by the commissioner.  For 
        persons disenrolled under this subdivision, MinnesotaCare 
        coverage terminates the last day of the calendar month following 
        the month in which the commissioner determines that the income 
        of a family or individual exceeds program income limits.  
           (c)(1) Notwithstanding paragraph (b), families enrolled in 
        MinnesotaCare under section 256L.04, subdivision 1, may remain 
        enrolled in MinnesotaCare if ten percent of their annual income 
        is less than the annual premium for a policy with a $500 
        deductible available through the Minnesota Comprehensive Health 
        Association.  Families who are no longer eligible for 
        MinnesotaCare under this subdivision shall be given an 18-month 
        notice period from the date that ineligibility is determined 
        before disenrollment.  This clause expires February 1, 2004. 
           (2) Effective February 1, 2004, Notwithstanding paragraph 
        (b), children may remain enrolled in MinnesotaCare if ten 
        percent of their annual family income is less than the annual 
        premium for a policy with a $500 deductible available through 
        the Minnesota Comprehensive Health Association.  Children who 
        are no longer eligible for MinnesotaCare under this clause shall 
        be given a 12-month notice period from the date that 
        ineligibility is determined before disenrollment.  The premium 
        for children remaining eligible under this clause shall be the 
        maximum premium determined under section 256L.15, subdivision 2, 
        paragraph (b). 
           (d) Effective July 1, 2003, Notwithstanding paragraphs (b) 
        and (c), parents are no longer not eligible for MinnesotaCare if 
        gross household income exceeds $50,000. 
           Sec. 57.  Minnesota Statutes 2004, section 256L.15, 
        subdivision 2, is amended to read: 
           Subd. 2.  [SLIDING FEE SCALE TO DETERMINE PERCENTAGE OF 
        GROSS INDIVIDUAL OR FAMILY INCOME.] (a) The commissioner shall 
        establish a sliding fee scale to determine the percentage of 
        gross individual or family income that households at different 
        income levels must pay to obtain coverage through the 
        MinnesotaCare program.  The sliding fee scale must be based on 
        the enrollee's gross individual or family income.  The sliding 
        fee scale must contain separate tables based on enrollment of 
        one, two, or three or more persons.  The sliding fee scale 
        begins with a premium of 1.5 percent of gross individual or 
        family income for individuals or families with incomes below the 
        limits for the medical assistance program for families and 
        children in effect on January 1, 1999, and proceeds through the 
        following evenly spaced steps:  1.8, 2.3, 3.1, 3.8, 4.8, 5.9, 
        7.4, and 8.8 percent.  These percentages are matched to evenly 
        spaced income steps ranging from the medical assistance income 
        limit for families and children in effect on January 1, 1999, to 
        275 percent of the federal poverty guidelines for the applicable 
        family size, up to a family size of five.  The sliding fee scale 
        for a family of five must be used for families of more than 
        five.  Effective October 1, 2003, the commissioner shall 
        increase each percentage by 0.5 percentage points for enrollees 
        with income greater than 100 percent but not exceeding 200 
        percent of the federal poverty guidelines and shall increase 
        each percentage by 1.0 percentage points for families and 
        children with incomes greater than 200 percent of the federal 
        poverty guidelines.  The sliding fee scale and percentages are 
        not subject to the provisions of chapter 14.  If a family or 
        individual reports increased income after enrollment, premiums 
        shall not be adjusted until eligibility renewal. 
           (b)(1) Enrolled families whose gross annual income 
        increases above 275 percent of the federal poverty guideline 
        shall pay the maximum premium.  This clause expires effective 
        February 1, 2004.  
           (2) Effective February 1, 2004, Children in families whose 
        gross income is above 275 percent of the federal poverty 
        guidelines shall pay the maximum premium.  
           (3) The maximum premium is defined as a base charge for 
        one, two, or three or more enrollees so that if all 
        MinnesotaCare cases paid the maximum premium, the total revenue 
        would equal the total cost of MinnesotaCare medical coverage and 
        administration.  In this calculation, administrative costs shall 
        be assumed to equal ten percent of the total.  The costs of 
        medical coverage for pregnant women and children under age two 
        and the enrollees in these groups shall be excluded from the 
        total.  The maximum premium for two enrollees shall be twice the 
        maximum premium for one, and the maximum premium for three or 
        more enrollees shall be three times the maximum premium for one. 
           Sec. 58.  Minnesota Statutes 2004, section 256M.10, 
        subdivision 5, is amended to read: 
           Subd. 5.  [FORMER CHILDREN'S SERVICES AND COMMUNITY SERVICE 
        GRANTS.] "Former children's services and community service 
        grants" means allocations for the following grants: 
           (1) community social service grants under section 252.24 
        and Minnesota Statutes 2002, sections 256E.06 and 256E.14; 
           (2) family preservation grants under section 256F.05, 
        subdivision 3; 
           (3) concurrent permanency planning grants under section 
        260C.213, subdivision 5; 
           (4) social service block grants (Title XX) under Minnesota 
        Statutes 2002, section 256E.07; and 
           (5) children's mental health grants under Minnesota 
        Statutes 2002, section sections 245.4886 and section 260.152. 
           Sec. 59.  Minnesota Statutes 2004, section 260B.007, 
        subdivision 16, is amended to read: 
           Subd. 16.  [JUVENILE PETTY OFFENDER; JUVENILE PETTY 
        OFFENSE.] (a) "Juvenile petty offense" includes a juvenile 
        alcohol offense, a juvenile controlled substance offense, a 
        violation of section 609.685, or a violation of a local 
        ordinance, which by its terms prohibits conduct by a child under 
        the age of 18 years which would be lawful conduct if committed 
        by an adult.  
           (b) Except as otherwise provided in paragraph (c), 
        "juvenile petty offense" also includes an offense that would be 
        a misdemeanor if committed by an adult.  
           (c) "Juvenile petty offense" does not include any of the 
        following: 
           (1) a misdemeanor-level violation of section 518B.01, 
        588.20, 609.224, 609.2242, 609.324, 609.563 609.5632, 609.576, 
        609.66, 609.746, 609.748, 609.79, or 617.23; 
           (2) a major traffic offense or an adult court traffic 
        offense, as described in section 260B.225; 
           (3) a misdemeanor-level offense committed by a child whom 
        the juvenile court previously has found to have committed a 
        misdemeanor, gross misdemeanor, or felony offense; or 
           (4) a misdemeanor-level offense committed by a child whom 
        the juvenile court has found to have committed a 
        misdemeanor-level juvenile petty offense on two or more prior 
        occasions, unless the county attorney designates the child on 
        the petition as a juvenile petty offender notwithstanding this 
        prior record.  As used in this clause, "misdemeanor-level 
        juvenile petty offense" includes a misdemeanor-level offense 
        that would have been a juvenile petty offense if it had been 
        committed on or after July 1, 1995.  
           (d) A child who commits a juvenile petty offense is a 
        "juvenile petty offender." 
           Sec. 60.  Minnesota Statutes 2004, section 276.04, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CONTENTS OF TAX STATEMENTS.] (a) The treasurer 
        shall provide for the printing of the tax statements.  The 
        commissioner of revenue shall prescribe the form of the property 
        tax statement and its contents.  The statement must contain a 
        tabulated statement of the dollar amount due to each taxing 
        authority and the amount of the state tax from the parcel of 
        real property for which a particular tax statement is prepared.  
        The dollar amounts attributable to the county, the state tax, 
        the voter approved school tax, the other local school tax, the 
        township or municipality, and the total of the metropolitan 
        special taxing districts as defined in section 275.065, 
        subdivision 3, paragraph (i), must be separately stated.  The 
        amounts due all other special taxing districts, if any, may be 
        aggregated.  If the county levy under this paragraph includes an 
        amount for a lake improvement district as defined under sections 
        103B.501 to 103B.581, the amount attributable for that purpose 
        must be separately stated from the remaining county levy 
        amount.  The amount of the tax on homesteads qualifying under 
        the senior citizens' property tax deferral program under chapter 
        290B is the total amount of property tax before subtraction of 
        the deferred property tax amount.  The amount of the tax on 
        contamination value imposed under sections 270.91 to 270.98, if 
        any, must also be separately stated.  The dollar amounts, 
        including the dollar amount of any special assessments, may be 
        rounded to the nearest even whole dollar.  For purposes of this 
        section whole odd-numbered dollars may be adjusted to the next 
        higher even-numbered dollar.  The amount of market value 
        excluded under section 273.11, subdivision 16, if any, must also 
        be listed on the tax statement. 
           (b) The property tax statements for manufactured homes and 
        sectional structures taxed as personal property shall contain 
        the same information that is required on the tax statements for 
        real property.  
           (c) Real and personal property tax statements must contain 
        the following information in the order given in this paragraph.  
        The information must contain the current year tax information in 
        the right column with the corresponding information for the 
        previous year in a column on the left: 
           (1) the property's estimated market value under section 
        273.11, subdivision 1; 
           (2) the property's taxable market value after reductions 
        under section 273.11, subdivisions 1a and 16; 
           (3) the property's gross tax, calculated by adding the 
        property's total property tax to the sum of the aids enumerated 
        in clause (4); 
           (4) a total of the following aids: 
           (i) education aids payable under chapters 122A, 123A, 123B, 
        124D, 125A, 126C, and 127A; 
           (ii) local government aids for cities, towns, and counties 
        under chapter 477A; and 
           (iii) disparity reduction aid under section 273.1398; 
           (5) for homestead residential and agricultural properties, 
        the credits under section 273.1384; 
           (6) any credits received under sections 273.119; 273.123; 
        273.135; 273.1391; 273.1398, subdivision 4; 469.171; and 
        473H.10, except that the amount of credit received under section 
        273.135 must be separately stated and identified as "taconite 
        tax relief"; and 
           (7) the net tax payable in the manner required in paragraph 
        (a). 
           (d) If the county uses envelopes for mailing property tax 
        statements and if the county agrees, a taxing district may 
        include a notice with the property tax statement notifying 
        taxpayers when the taxing district will begin its budget 
        deliberations for the current year, and encouraging taxpayers to 
        attend the hearings.  If the county allows notices to be 
        included in the envelope containing the property tax statement, 
        and if more than one taxing district relative to a given 
        property decides to include a notice with the tax statement, the 
        county treasurer or auditor must coordinate the process and may 
        combine the information on a single announcement.  
           The commissioner of revenue shall certify to the county 
        auditor the actual or estimated aids enumerated in paragraph 
        (c), clause (4), that local governments will receive in the 
        following year.  The commissioner must certify this amount by 
        January 1 of each year. 
           Sec. 61.  Minnesota Statutes 2004, section 290.095, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ALLOWANCE OF DEDUCTION.] (a) There shall 
        be allowed as a deduction for the taxable year the amount of any 
        net operating loss deduction as provided in section 172 of the 
        Internal Revenue Code, subject to the limitations and 
        modifications provided in this section. 
           (b) A net operating loss deduction shall be available under 
        this section only to corporate taxpayers except that 
        subdivisions 7, 9, and 11 hereof apply only to individuals, 
        estates, and trusts.  
           (c) In the case of a regulated investment company or fund 
        thereof, as defined in section 851(a) or 851(g) of the Internal 
        Revenue Code, the deduction provided by this section shall not 
        be allowed. 
           Sec. 62.  Minnesota Statutes 2004, section 299D.07, is 
        amended to read: 
           299D.07 [HELICOPTER, FIXED WING AIRCRAFT.] 
           The commissioner of public safety is hereby authorized to 
        retain, acquire, maintain and operate helicopters and fixed wing 
        aircraft for the purposes of the Highway State Patrol and the 
        Bureau of Criminal Apprehension and for any other law 
        enforcement purpose that the commissioner determines is 
        appropriate.  The commissioner also is authorized to employ 
        State Patrol officer pilots as required. 
           Sec. 63.  Minnesota Statutes 2004, section 299F.051, 
        subdivision 4, is amended to read: 
           Subd. 4.  [COOPERATIVE INVESTIGATION; REIMBURSEMENT.] The 
        state fire marshal and the superintendent of the Bureau of 
        Criminal Apprehension shall encourage the cooperation of local 
        firefighters and peace officers in the investigation of 
        violations of sections 609.561 to 609.576 or other crimes 
        associated with reported fires in all appropriate ways, 
        including providing reimbursement to political subdivisions at a 
        rate not to exceed 50 percent of the salaries of peace officers 
        and firefighters for time spent in attending fire investigation 
        training courses offered by the arson training unit.  Volunteer 
        firefighters from a political subdivision shall be reimbursed at 
        the rate of $35 per day plus expenses incurred in attending fire 
        investigation training courses offered by the arson training 
        unit.  Reimbursement shall be made only in the event that both a 
        peace officer and a firefighter from the same political 
        subdivision attend the same training course.  The reimbursement 
        shall be subject to the limitation of funds appropriated and 
        available for expenditure.  The state fire marshal and the 
        superintendent also shall encourage local firefighters and peace 
        officers to seek assistance from the arson strike force 
        established in section 299F.058. 
           Sec. 64.  Minnesota Statutes 2004, section 299F.093, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DUTIES; RULES.] (a) The commissioner shall:
           (1) adopt rules no later than July 1, 1987, with the advice 
        of the Hazardous Substance Notification Advisory Committee, 
        establishing the form and content of the hazardous substance 
        notification report form, as required by section 299F.094, and 
        describing one or more hazard categories with specified ranges 
        of quantities in each hazard category, representing increments 
        of substantially increased risk; 
           (2) print and provide to individual fire departments the 
        requested number of hazardous substance notification reports, 
        which must be made available to a fire department no more than 
        90 days following its request, for the fire department to mail 
        or otherwise make available to employers in the jurisdiction; 
           (3) report to the legislature, as needed, on the 
        effectiveness of sections 299F.091 to 299F.099 and recommend 
        amendments to sections 299F.091 to 299F.099 that are considered 
        necessary; 
           (4) adopt rules to implement sections 299F.091 to 299F.099, 
        compatible with the Minnesota Uniform Fire Code so as to not 
        limit the authority of local fire officials under that code; and 
           (5) adopt rules that are based on the most recent standard 
        704, adopted by the National Fire Protection Association, and 
        that allow a fire department to require employers within its 
        jurisdiction to post signs conforming to standard 704, and 
        indicating the presence of hazardous substances.  If the signs 
        are required, a fire department shall supply the signs or 
        provide information to assist an employer to obtain them.  
           (b) The commissioner shall adopt criteria and guidelines, 
        with the concurrence of the Hazardous Substance Notification 
        Advisory Committee, for the disbursement of funds pursuant to 
        Laws 1986, First Special Session chapter 1, article 10, section 
        20, subdivision 1. 
           Sec. 65.  Minnesota Statutes 2004, section 321.0210, is 
        amended to read: 
           321.0210 [ANNUAL REPORT FOR SECRETARY OF STATE.] 
           (a) Subject to subsection (b): 
           (1) in each calendar year following the calendar year in 
        which a limited partnership becomes subject to this chapter, the 
        limited partnership must deliver to the secretary of state for 
        filing an annual registration containing the information 
        required by subsection (d) (c); and 
           (2) in each calendar year following the calendar year in 
        which there is first on file with the secretary of state a 
        certificate of authority under section 321.0904 pertaining to a 
        foreign limited partnership, the foreign limited partnership 
        must deliver to the secretary of state for filing an annual 
        registration containing the information required by subsection 
        (d) (c). 
           (b) A limited partnership's obligation under subsection (a) 
        ends if the limited partnership delivers to the secretary of 
        state for filing a statement of termination under section 
        321.0203 and the statement becomes effective under section 
        321.0206.  A foreign limited partnership's obligation under 
        subsection (a) ends if the secretary of state issues and files a 
        certificate of revocation under section 321.0906 or if the 
        foreign limited partnership delivers to the secretary of state 
        for filing a notice of cancellation under section 321.0907(a) 
        and that notice takes effect under section 321.0206.  If a 
        foreign limited partnership's obligations under subsection (a) 
        end and later the secretary of state files, pursuant to section 
        321.0904, a new certificate of authority pertaining to that 
        foreign limited partnership, subsection (a)(2), again applies to 
        the foreign limited partnership and, for the purposes of 
        subsection (a)(2), the calendar year of the new filing is 
        treated as the calendar year in which a certificate of authority 
        is first on file with the secretary of state. 
           (c) The annual registration must contain: 
           (1) the name of the limited partnership or foreign limited 
        partnership; 
           (2) the address of its designated office and the name and 
        street and mailing address of its agent for service of process 
        in Minnesota; 
           (3) in the case of a limited partnership, the street and 
        mailing address of its principal office; and 
           (4) in the case of a foreign limited partnership, the name 
        of the state or other jurisdiction under whose law the foreign 
        limited partnership is formed and any alternate name adopted 
        under section 321.0905(a). 
           (d) The secretary of state shall: 
           (1) administratively dissolve under section 321.0809 a 
        limited partnership that has failed to file a registration 
        pursuant to subsection (a); and 
           (2) revoke under section 321.0906 the certificate of 
        authority of a foreign limited partnership that has failed to 
        file a registration pursuant to subsection (a). 
           Sec. 66.  Minnesota Statutes 2004, section 321.1114, is 
        amended to read: 
           321.1114 [CONFLICT RELATING TO MERGER OR CONVERSION.] 
           If a partnership governed by chapter 323A participates in a 
        merger or conversion under chapter 321, then in the event of any 
        conflict between the provisions of chapter 323A and chapter 321 
        relating to the merger or conversion, the provisions of chapter 
        321 control chapter 321. 
           Sec. 67.  Minnesota Statutes 2004, section 325N.15, is 
        amended to read: 
           325N.15 [WAIVER.] 
           Any waiver of the provisions of sections 325N.10 to 315N.18 
        325N.18 is void and unenforceable as contrary to public policy 
        except a consumer may waive the five-day right to cancel 
        provided in section 325N.13 if the property is subject to a 
        foreclosure sale within the five business days, and the 
        foreclosed homeowner agrees to waive his or her right to cancel 
        in a handwritten statement signed by all parties holding title 
        to the foreclosed property. 
           Sec. 68.  Minnesota Statutes 2004, section 336.4A-105, is 
        amended to read: 
           336.4A-105 [OTHER DEFINITIONS.] 
           (a) In this article: 
           (1) "Authorized account" means a deposit account of a 
        customer in a bank designated by the customer as a source of 
        payment of payment orders issued by the customer to the bank.  
        If a customer does not so designate an account, any account of 
        the customer is an authorized account if payment of a payment 
        order from that account is not inconsistent with a restriction 
        on the use of that account. 
           (2) "Bank" means a person engaged in the business of 
        banking and includes a savings bank, savings association, credit 
        union, and trust company.  A branch or separate office of a bank 
        is a separate bank for purposes of this article. 
           (3) "Customer" means a person, including a bank, having an 
        account with a bank or from whom a bank has agreed to receive 
        payment orders. 
           (4) "Funds-transfer business day" of a receiving bank means 
        the part of a day during which the receiving bank is open for 
        the receipt, processing, and transmittal of payment orders and 
        cancellations and amendments of payment orders. 
           (5) "Funds-transfer system" means a wire transfer network, 
        automated clearinghouse, or other communication system of a 
        clearinghouse or other association of banks through which a 
        payment order by a bank may be transmitted to the bank to which 
        the order is addressed. 
           (6) (Reserved.) 
           (7) "Prove" with respect to a fact means to meet the burden 
        of establishing the fact (section 336.1-201(b)(8)). 
           (b) Other definitions applying to the article and the 
        sections in which they appear: 
           "Acceptance." Section 336.4A-209. 
           "Beneficiary." Section 336.4A-103. 
           "Beneficiary's bank." Section 336.4A-103. 
           "Executed." Section 336.4A-301. 
           "Execution date." Section 336.4A-301. 
           "Funds transfer." Section 336.4A-104. 
           "Funds-transfer system rule." Section 336.4A-501. 
           "Intermediary bank." Section 336.4A-104. 
           "Originator." Section 336.4A-104. 
           "Originator's bank." Section 336.4A-104. 
           "Payment by beneficiary's bank to beneficiary." Section 
        336.4A-405. 
           "Payment by originator to beneficiary." Section 336.4A-406. 
           "Payment by sender to receiving bank." Section 336.4A-403. 
           "Payment date." Section 336.4A-401. 
           "Payment order." Section 336.4A-103. 
           "Receiving bank." Section 336.4A-103. 
           "Security procedure." Section 336.4A-201. 
           "Sender." Section 336.4A-103. 
           (c) The following definitions in article 4 apply to this 
        article: 
           "Clearinghouse." Section 336.4-104. 
           "Item." Section 336.4-104. 
           "Suspends payments." Section 336.4-104. 
           (d) In addition, sections 336.1-101 to 336.1-209 336.1-206 
        contain general definitions and principles of construction and 
        interpretation applicable throughout this article. 
           Sec. 69.  Minnesota Statutes 2004, section 343.40, 
        subdivision 3, is amended to read: 
           Subd. 3.  [SHADE.] Shade from the direct rays of the sun, 
        during the months of June May to September October shall be 
        provided. 
           Sec. 70.  Minnesota Statutes 2004, section 458D.02, 
        subdivision 2, is amended to read: 
           Subd. 2.  [WESTERN LAKE SUPERIOR SANITARY DISTRICT; 
        DISTRICT.] "Western Lake Superior Sanitary District" and 
        "district" mean the area over which the sanitary board has 
        jurisdiction which shall include the area now comprised on July 
        8, 1971, of the city of Cloquet, the cities of Carlton, Scanlon, 
        Thomson and Wrenshall, and the townships of Knife Falls, Silver 
        Brook, Thomson, and Twin Lakes in the county of Carlton; the 
        city of Duluth, the city of Proctor, and the townships of 
        Canosia, Duluth, Grand Lake, Herman, Lakewood, Midway, Rice Lake 
        and Solway in the county of St. Louis; other territory included 
        in the district pursuant to section 458D.22; and any waters of 
        the state adjacent thereto. 
           Sec. 71.  Minnesota Statutes 2004, section 469.104, is 
        amended to read: 
           469.104 [SECTIONS THAT APPLY IF FEDERAL LIMIT APPLIES.] 
           Sections 474A.01 to 474A.21 apply to obligations issued 
        under sections 469.090 to 469.108 that are limited by a federal 
        limitation act as defined in section 474A.02, subdivision 9, or 
        existing federal tax law as defined in section 474A.02, 
        subdivision 8. 
           Sec. 72.  Minnesota Statutes 2004, section 473.845, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ESTABLISHMENT.] The metropolitan landfill 
        contingency action trust account is an expendable trust account 
        in the remediation fund.  The account consists of revenue 
        deposited in the fund account under section 473.843, subdivision 
        2, clause (2); amounts recovered under subdivision 7; and 
        interest earned on investment of money in the fund account. 
           Sec. 73.  Minnesota Statutes 2004, section 514.966, 
        subdivision 3, is amended to read: 
           Subd. 3.  [LIVESTOCK PRODUCTION INPUT LIEN.] (a) A supplier 
        furnishing livestock production inputs in the ordinary course of 
        business has a livestock production input lien for the unpaid 
        retail cost of the livestock production input.  A perfected 
        livestock production input lien that attaches to livestock may 
        not exceed the amount, if any, that the sales price of the 
        livestock exceeds the greater of the fair market value of the 
        livestock at the time the lien attaches or the acquisition price 
        of the livestock.  A livestock production input lien becomes 
        effective when the agricultural production inputs are furnished 
        by the supplier to the purchaser. 
           (b) A supplier shall notify a lender of a livestock 
        production input lien by providing a lien-notification statement 
        to the lender in an envelope marked "IMPORTANT-LEGAL NOTICE."  
        Delivery of the notice must be made by certified mail or another 
        verifiable method. 
           (c) The lien-notification statement must be in a form 
        approved by the secretary of state and disclose the following: 
           (1) the name and business address of the lender that is to 
        receive notification; 
           (2) the name and address of the supplier claiming the lien; 
           (3) a description and the date or anticipated date or dates 
        of the transaction and the retail cost or anticipated costs of 
        the livestock production input; 
           (4) the name, residential and address, and signature of the 
        person to whom the livestock production input was furnished; 
           (5) the name and residential address of the owner of the 
        livestock, the location where the livestock will be raised, and 
        a description of the livestock; and 
           (6) a statement that products and proceeds of the livestock 
        are covered by the livestock input lien. 
           (d) Within ten calendar days after receiving a 
        lien-notification statement, the lender must respond to the 
        supplier with either: 
           (1) a letter of commitment for part or all of the amount in 
        the lien-notification statement; or 
           (2) a written refusal to issue a letter of commitment. 
        A copy of the response must be mailed to the person for whom the 
        financing was requested. 
           (e) If a lender responds with a letter of commitment for 
        part or all of the amount in the lien-notification statement, 
        the supplier may not obtain a lien for the amount stated in the 
        letter of commitment.  If a lender responds with a refusal to 
        provide a letter of commitment, the rights of the lender and the 
        supplier are not affected. 
           (f) If a lender does not respond under paragraph (d) to the 
        supplier within ten calendar days after receiving the 
        lien-notification statement, a perfected livestock production 
        input lien corresponding to the lien-notification statement has 
        priority over any security interest of the lender in the same 
        livestock or their proceeds for the lesser of: 
           (1) the amount stated in the lien-notification statement; 
        or 
           (2) the unpaid retail cost of the livestock production 
        input identified in the lien-notification statement, subject to 
        any limitation in paragraph (a). 
           Sec. 74.  Minnesota Statutes 2004, section 515B.4-102, is 
        amended to read: 
           515B.4-102 [DISCLOSURE STATEMENT; GENERAL PROVISIONS.] 
           (a) A disclosure statement shall fully and accurately 
        disclose: 
           (1) the name and, if available, the number of the common 
        interest community; 
           (2) the name and principal address of the declarant; 
           (3) the number of units in the common interest community 
        and a statement that the common interest community is either a 
        condominium, cooperative, or planned community; 
           (4) a general description of the common interest community, 
        including, at a minimum, (i) the number of buildings, (ii) the 
        number of dwellings per building, (iii) the type of 
        construction, (iv) whether the common interest community 
        involves new construction or rehabilitation, (v) whether any 
        building was wholly or partially occupied, for any purpose, 
        before it was added to the common interest community and the 
        nature of the occupancy, and (vi) a general description of any 
        roads, trails, or utilities that are located on the common 
        elements and that the association or a master association will 
        be required to maintain; 
           (5) declarant's schedule of commencement and completion of 
        construction of any buildings and other improvements that the 
        declarant is obligated to build pursuant to section 515B.4-117; 
           (6) any expenses or services, not reflected in the budget, 
        that the declarant pays or provides, which may become a common 
        expense; the projected common expense attributable to each of 
        those expenses or services; and an explanation of declarant's 
        limited assessment liability under section 515B.3-115, 
        subsection (b); 
           (7) any initial or special fee due from the purchaser to 
        the declarant or the association at closing, together with a 
        description of the purpose and method of calculating the fee; 
           (8) identification of any liens, defects, or encumbrances 
        which will continue to affect the title to a unit or to any real 
        property owned by the association after the contemplated 
        conveyance; 
           (9) a description of any financing offered or arranged by 
        the declarant; 
           (10) a statement as to whether application has been made 
        for any project approvals for the common interest community from 
        the Federal National Mortgage Association (FNMA), Federal Home 
        Loan Mortgage Corporation (FHLMC), Department of Housing and 
        Urban Development (HUD) or Department of Veterans Affairs (VA), 
        and which, if any, such final approvals have been received; 
           (11) the terms of any warranties provided by the declarant, 
        including copies of chapter 327A, and sections 515B.4-112 
        through 515B.4-115, and a statement of any limitations on the 
        enforcement of warranties or on damages; 
           (12) a statement that:  (i) within ten five days after the 
        receipt of a disclosure statement, a purchaser may cancel any 
        contract for the purchase of a unit from a declarant; provided, 
        that the right to cancel terminates upon the purchaser's 
        voluntary acceptance of a conveyance of the unit from the 
        declarant; (ii) if a purchaser receives a disclosure statement 
        more than ten five days before signing a purchase agreement, the 
        purchaser cannot cancel the purchase agreement; and (iii) if a 
        declarant obligated to deliver a disclosure statement fails to 
        deliver a disclosure statement which substantially complies with 
        this chapter to a purchaser to whom a unit is conveyed, the 
        declarant shall be liable to the purchaser as provided in 
        section 515B.4-106(d); 
           (13) a statement disclosing to the extent of the 
        declarant's or an affiliate of a declarant's actual knowledge, 
        after reasonable inquiry, any unsatisfied judgments or lawsuits 
        to which the association is a party, and the status of those 
        lawsuits which are material to the common interest community or 
        the unit being purchased; 
           (14) a statement (i) describing the conditions under which 
        earnest money will be held in and disbursed from the escrow 
        account, as set forth in section 515B.4-109, (ii) that the 
        earnest money will be returned to the purchaser if the purchaser 
        cancels the contract pursuant to section 515B.4-106, and (iii) 
        setting forth the name and address of the escrow agent; 
           (15) a detailed description of the insurance coverage 
        provided by the association for the benefit of unit owners, 
        including a statement as to which, if any, of the items referred 
        to in section 515B.3-113, subsection (b), are insured by the 
        association; 
           (16) any current or expected fees or charges, other than 
        assessments for common expenses, to be paid by unit owners for 
        the use of the common elements or any other improvements or 
        facilities; 
           (17) the financial arrangements, including any 
        contingencies, which have been made to provide for completion of 
        all improvements that the declarant is obligated to build 
        pursuant to section 515B.4-118, or a statement that no such 
        arrangements have been made; 
           (18) in a cooperative:  (i) whether the unit owners will be 
        entitled for federal and state tax purposes, to deduct payments 
        made by the association for real estate taxes and interest paid 
        to the holder of a security interest encumbering the 
        cooperative; and (ii) a statement as to the effect on the unit 
        owners if the association fails to pay real estate taxes or 
        payments due the holder of a security interest encumbering the 
        cooperative; 
           (19) a statement:  (i) that real estate taxes for the unit 
        or any real property owned by the association are not delinquent 
        or, if there are delinquent real estate taxes, describing the 
        property for which the taxes are delinquent, stating the amount 
        of the delinquent taxes, interest and penalties, and stating the 
        years for which taxes are delinquent, and (ii) setting forth the 
        amount of real estate taxes, including the amount of any special 
        assessment certified for payment with the real estate taxes, due 
        and payable with respect to the unit in the year in which the 
        disclosure statement is given, if real estate taxes have been 
        separately assessed against the unit; 
           (20) if the association or the purchaser of the unit will 
        be a member of a master association, a statement to that effect, 
        and all of the following information with respect to the master 
        association:  (i) a copy of the declaration, if any (other than 
        any CIC plat), the articles of incorporation, bylaws, and rules 
        and regulations for the master association, together with any 
        amendments thereto; (ii) the name, address and general 
        description of the master association, including a general 
        description of any other association, unit owners, or other 
        persons which are or may become members; (iii) a description of 
        any nonresidential use permitted on any property subject to the 
        master association; (iv) a statement as to the estimated maximum 
        number of associations, unit owners or other persons which may 
        become members of the master association, and the degree and 
        period of control of the master association by a declarant or 
        other person; (v) a description of any facilities intended for 
        the benefit of the members of the master association and not 
        located on property owned or controlled by a member; (vi) the 
        financial arrangements, including any contingencies, which have 
        been made to provide for completion of the facilities referred 
        to in subsection (v), or a statement that no arrangements have 
        been made; (vii) any current balance sheet of the master 
        association and a projected or current annual budget, as 
        applicable, which budget shall include with respect to the 
        master association those items in paragraph (23), clauses (i) 
        through (iv); (viii) a description of any expenses or services 
        not reflected in the budget, paid for or provided by a declarant 
        or a person executing the master declaration, which may become 
        an expense of the master association in the future; (ix) a 
        description of any powers delegated to and accepted by the 
        master association pursuant to section 515B.2-121(f)(2); (x) 
        identification of any liens, defects or encumbrances that will 
        continue to affect title to property owned or operated by the 
        master association for the benefit of its members; (xi) the 
        terms of any warranties provided by any person for construction 
        of facilities in which the members of the master association 
        have or may have an interest, and any known defects in the 
        facilities which would violate the standards described in 
        section 515B.4-112(b); (xii) a statement disclosing, to the 
        extent of the declarant's knowledge, after inquiry of the master 
        association, any unsatisfied judgments or lawsuits to which the 
        master association is a party, and the status of those lawsuits 
        which are material to the master association; (xiii) a 
        description of any insurance coverage provided for the benefit 
        of its members by the master association; and (xiv) any current 
        or expected fees or charges, other than assessments by the 
        master association, to be paid by members of the master 
        association for the use of any facilities intended for the 
        benefit of the members; 
           (21) a statement as to whether the unit will be 
        substantially completed at the time of conveyance to a 
        purchaser, and if not substantially completed, who is 
        responsible to complete and pay for the construction of the 
        unit; 
           (22) a copy of the declaration and any amendments thereto, 
        (exclusive of the CIC plat), any other recorded covenants, 
        conditions restrictions, and reservations affecting the common 
        interest community; the articles of incorporation, bylaws and 
        any rules or regulations of the association; any agreement 
        excluding or modifying any implied warranties; any agreement 
        reducing the statute of limitations for the enforcement of 
        warranties; any contracts or leases to be signed by purchaser at 
        closing; and a brief narrative description of any contracts or 
        leases that are or may be subject to cancellation by the 
        association under section 515B.3-105; and 
           (23) any current balance sheet for the association; a 
        projected annual budget for the association for the year in 
        which the first unit is conveyed to a purchaser, and thereafter 
        the current annual budget of the association; and a statement 
        identifying the party responsible for the preparation of the 
        budget.  The budget shall include, without limitation:  (i) a 
        statement of the amount included in the budget as a reserve for 
        maintenance, repair and replacement; (ii) a statement of any 
        other reserves; (iii) the projected common expense for each 
        category of expenditures for the association; and (iv) the 
        projected monthly common expense assessment for each type of 
        unit. 
           (b) A declarant shall promptly amend the disclosure 
        statement to reflect any material change in the information 
        required by this chapter. 
           (c) The master association, within ten days after a request 
        by a declarant, or any holder of declarant rights, or the 
        authorized representative of any of them, shall furnish the 
        information required to be provided by subsection (a)(20).  A 
        declarant or other person who provides information pursuant to 
        subsection (a)(20) is not liable to the purchaser for any 
        erroneous information if the declarant or other person:  (i) is 
        not an affiliate of or related in any way to a person authorized 
        to appoint the master association board pursuant to section 
        515B.2-121(c)(3), and (ii) has no actual knowledge that the 
        information is incorrect. 
           Sec. 75.  Minnesota Statutes 2004, section 524.2-114, is 
        amended to read: 
           524.2-114 [MEANING OF CHILD AND RELATED TERMS.] 
           If, for purposes of intestate succession, a relationship of 
        parent and child must be established to determine succession by, 
        through, or from a person: 
           (1) An adopted person is the child of an adopting parent 
        and not of the birth parents except that adoption of a child by 
        the spouse of a birth parent has no effect on the relationship 
        between the child and that birth parent.  If a parent dies and a 
        child is subsequently adopted by a stepparent who is the spouse 
        of a surviving parent, any rights of inheritance of the child or 
        the child's descendant from or through the deceased parent of 
        the child which exist at the time of the death of that parent 
        shall not be affected by the adoption. 
           (2) In cases not covered by clause (1), a person is the 
        child of the person's parents regardless of the marital status 
        of the parents and the parent and child relationship may be 
        established under the Parentage Act, sections 257.51 and to 
        257.74. 
           Sec. 76.  Minnesota Statutes 2004, section 580.041, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CONTENT OF NOTICE.] The notice required by this 
        section must appear substantially as follows: 
                      "Help For Homeowners in Foreclosure 
           Minnesota law requires that we send you this notice about 
           the foreclosure process.  Please read it carefully. 
           Mortgage foreclosure is a complex process.  Some people may 
           approach you about "saving" your home.  You should be 
           careful about any such promises. 
           The state encourages you to become informed about your 
           options in foreclosure before entering into any agreements 
           with anyone in connection with the foreclosure of your 
           home.  There are government agencies and nonprofit 
           organizations that you may contact for helpful information 
           about the foreclosure process.  For the name and telephone 
           number of an organization near you please call the 
           Minnesota Home Housing Finance Agency (MHFA) at (insert 
           telephone number).  The state does not guarantee the advice 
           of these agencies. 
           Do not delay dealing with the foreclosure because your 
           options may become more limited as time passes." 
           Sec. 77.  Minnesota Statutes 2004, section 626.84, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] For purposes of sections 
        626.84 to 626.863, the following terms have the meanings given 
        them: 
           (a) "Board" means the Board of Peace Officer Standards and 
        Training. 
           (b) "Director" means the executive director of the board. 
           (c) "Peace officer" means: 
           (1) an employee or an elected or appointed official of a 
        political subdivision or law enforcement agency who is licensed 
        by the board, charged with the prevention and detection of crime 
        and the enforcement of the general criminal laws of the state 
        and who has the full power of arrest, and shall also include the 
        Minnesota State Patrol, agents of the Division of Alcohol and 
        Gambling Enforcement, state conservation officers, Metropolitan 
        Transit police officers, Department of Corrections' Fugitive 
        Apprehension Unit officers, and Department of Commerce Insurance 
        Fraud Unit officers; and 
           (2) a peace officer who is employed by a law enforcement 
        agency of a federally recognized tribe, as defined in United 
        States Code, title 25, section 450b(e), and who is licensed by 
        the board. 
           (d) "Constable" has the meaning assigned to it in section 
        367.40. 
           (e) "Deputy constable" has the meaning assigned to it in 
        section 367.40. 
           (f) "Part-time peace officer" means an individual licensed 
        by the board whose services are utilized by law enforcement 
        agencies no more than an average of 20 hours per week, not 
        including time spent on call when no call to active duty is 
        received, calculated on an annual basis, who has either full 
        powers of arrest or authorization to carry a firearm while on 
        active duty.  The term shall apply even though the individual 
        receives no compensation for time spent on active duty, and 
        shall apply irrespective of the title conferred upon the 
        individual by any law enforcement agency.  The limitation on the 
        average number of hours in which the services of a part-time 
        peace officer may be utilized shall not apply to a part-time 
        peace officer who has formally notified the board pursuant to 
        rules adopted by the board of the part-time peace officer's 
        intention to pursue the specialized training for part-time peace 
        officers who desire to become peace officers pursuant to 
        sections 626.843, subdivision 1, clause (g), and 626.845, 
        subdivision 1, clause (g). 
           (g) "Reserve officer" means an individual whose services 
        are utilized by a law enforcement agency to provide 
        supplementary assistance at special events, traffic or crowd 
        control, and administrative or clerical assistance.  A reserve 
        officer's duties do not include enforcement of the general 
        criminal laws of the state, and the officer does not have full 
        powers of arrest or authorization to carry a firearm on duty. 
           (h) "Law enforcement agency" means: 
           (1) a unit of state or local government that is authorized 
        by law to grant full powers of arrest and to charge a person 
        with the duties of preventing and detecting crime and enforcing 
        the general criminal laws of the state; and 
           (2) subject to the limitations in section 626.93, a law 
        enforcement agency of a federally recognized tribe, as defined 
        in United States Code, title 25, section 450b(e). 
           (i) "Professional peace officer education" means a 
        postsecondary degree program, or a nondegree program for persons 
        who already have a college degree, that is offered by a college 
        or university in Minnesota, designed for persons seeking 
        licensure as a peace officer, and approved by the board. 
           Sec. 78.  Laws 2003, First Special Session chapter 11, 
        article 2, section 21, is amended to read: 
           Sec. 21.  [INDEPENDENT STUDY ON INTERMITTENT RESOURCES.] 
           The commission shall order the electric utility subject to 
        Minnesota Statutes, section 216B.1691, subdivision 7 6, to 
        contract with a firm selected by the commissioner of commerce 
        for an independent engineering study of the impacts of 
        increasing wind capacity on its system above the 825 megawatts 
        of nameplate wind energy capacity to which the utility is 
        already committed, to evaluate options available to manage the 
        intermittent nature of this renewable resource.  The study shall 
        be completed by June 1, 2004, and incorporated into the 
        utility's next resource plan filing.  The costs of the study, 
        options pursued by the utility to manage the intermittent nature 
        of wind energy, and the costs of complying with Minnesota 
        Statutes, section 216B.1691, subdivision 7, shall be recoverable 
        under Minnesota Statutes, section 216B.1645. 
           Sec. 79.  Laws 2004, chapter 199, article 12, section 108, 
        is amended to read: 
           Sec. 108.  [EFFECTIVE DATE.] 
           This act, except articles 14 and 15, is effective January 
        1, 2005. 
           Articles 14 and 15 are effective July 1, 2004. 
           [EFFECTIVE DATE.] This section is effective retroactively 
        from May 16, 2004. 
           Sec. 80.  Laws 2004, chapter 261, article 6, section 5, is 
        amended to read: 
           Sec. 5.  [EXPIRATION.] 
           This article Section 1 expires August 1, 2010. 
           Sec. 81.  [AMENDMENT HAS NO EFFECT.] 
           The portion of Laws 2003, First Special Session chapter 14, 
        article 7, section 17, striking paragraph (e) of Minnesota 
        Statutes 2002, section 62J.692, subdivision 4, is of no effect. 
           Sec. 82.  [REPEALER.] 
           Subdivision 1.  [EXPIRED FEE.] Minnesota Statutes 2004, 
        section 115B.49, subdivision 4a, is repealed. 
           Subd. 2.  [DUPLICATIVE METROPOLITAN COUNCIL 
        BOUNDARIES.] Laws 2003, chapter 8, section 2, is repealed. 
           Subd. 3.  [TUITION REIMBURSEMENT.] Laws 2004, chapter 219, 
        section 1, is repealed. 
           Subd. 4.  [PHARMACY BENEFITS.] Laws 2004, chapter 288, 
        article 3, section 5, is repealed. 
           Subd. 5.  [OBSOLETE VETERANS AFFAIRS RULES.] Minnesota 
        Rules, parts 9055.0125; 9055.0500; 9055.0510; 9055.0520; 
        9055.0530; 9055.0540; 9055.0550; 9055.0560; 9055.0570; 
        9055.0580; 9055.0590; 9055.0600; and 9055.0610, are repealed. 
           Subd. 6.  [OBSOLETE POST BOARD RULES.] Minnesota Rules, 
        parts 6700.0100, subpart 14; and 6700.1300, are repealed. 

                                   ARTICLE 2 
                   OBSOLETE CONSTABLE AND MARSHAL PROVISIONS 
           Section 1.  Minnesota Statutes 2004, section 345.14, is 
        amended to read: 
           345.14 [FEES OF COURT ADMINISTRATORS.] 
           For services performed under the provisions of this 
        chapter, court administrators of district court shall be allowed 
        $1 for each day, and constables peace officers the same fees as 
        are allowed by law for sales upon execution, and ten cents per 
        folio for making an inventory of the property. 
           Sec. 2.  Minnesota Statutes 2004, section 346.05, is 
        amended to read: 
           346.05 [SALE OF ESTRAY.] 
           If no claimant for such estray shall cause its return to 
        the claimant as before provided, and if such estray shall not 
        have been appraised at more than $10, the finder shall thereupon 
        become the owner thereof; but, if such appraised value exceeds 
        $10, the estray shall be sold at public auction by any constable 
        peace officer of the county on the request of the finder.  
        Notice thereof shall be given and the sale conducted and the 
        same fees allowed as in case of sales upon justice's execution.  
        The finder may bid at such sale, and at the time thereof shall 
        deliver to such officer a statement, in writing, of the finder's 
        charges.  After deducting such charges, if reasonable, and the 
        costs of sale, the officer shall deposit the remainder of the 
        money, together with the written statement and a statement of 
        the costs of sale, with the county treasurer, taking the 
        treasurer's receipt therefor.  If the finder of any such estray 
        shall fail to cause the sale to be made, the finder shall pay to 
        the town the value of the estray, to be recovered in an action 
        by the town. 
           Sec. 3.  Minnesota Statutes 2004, section 626.84, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] For purposes of sections 
        626.84 to 626.863, the following terms have the meanings given 
        them: 
           (a) "Board" means the Board of Peace Officer Standards and 
        Training. 
           (b) "Director" means the executive director of the board. 
           (c) "Peace officer" means: 
           (1) an employee or an elected or appointed official of a 
        political subdivision or law enforcement agency who is licensed 
        by the board, charged with the prevention and detection of crime 
        and the enforcement of the general criminal laws of the state 
        and who has the full power of arrest, and shall also include the 
        Minnesota State Patrol, agents of the Division of Alcohol and 
        Gambling Enforcement, state conservation officers, Metropolitan 
        Transit police officers, Department of Corrections' Fugitive 
        Apprehension Unit officers, and Department of Commerce Insurance 
        Fraud Unit officers; and 
           (2) a peace officer who is employed by a law enforcement 
        agency of a federally recognized tribe, as defined in United 
        States Code, title 25, section 450b(e), and who is licensed by 
        the board. 
           (d) "Constable" has the meaning assigned to it in section 
        367.40. 
           (e) "Deputy constable" has the meaning assigned to it in 
        section 367.40. 
           (f) "Part-time peace officer" means an individual licensed 
        by the board whose services are utilized by law enforcement 
        agencies no more than an average of 20 hours per week, not 
        including time spent on call when no call to active duty is 
        received, calculated on an annual basis, who has either full 
        powers of arrest or authorization to carry a firearm while on 
        active duty.  The term shall apply even though the individual 
        receives no compensation for time spent on active duty, and 
        shall apply irrespective of the title conferred upon the 
        individual by any law enforcement agency.  The limitation on the 
        average number of hours in which the services of a part-time 
        peace officer may be utilized shall not apply to a part-time 
        peace officer who has formally notified the board pursuant to 
        rules adopted by the board of the part-time peace officer's 
        intention to pursue the specialized training for part-time peace 
        officers who desire to become peace officers pursuant to 
        sections 626.843, subdivision 1, clause (g), and 626.845, 
        subdivision 1, clause (g). 
           (g) (e) "Reserve officer" means an individual whose 
        services are utilized by a law enforcement agency to provide 
        supplementary assistance at special events, traffic or crowd 
        control, and administrative or clerical assistance.  A reserve 
        officer's duties do not include enforcement of the general 
        criminal laws of the state, and the officer does not have full 
        powers of arrest or authorization to carry a firearm on duty. 
           (h) (f) "Law enforcement agency" means: 
           (1) a unit of state or local government that is authorized 
        by law to grant full powers of arrest and to charge a person 
        with the duties of preventing and detecting crime and enforcing 
        the general criminal laws of the state; and 
           (2) subject to the limitations in section 626.93, a law 
        enforcement agency of a federally recognized tribe, as defined 
        in United States Code, title 25, section 450b(e). 
           (i) (g) "Professional peace officer education" means a 
        postsecondary degree program, or a nondegree program for persons 
        who already have a college degree, that is offered by a college 
        or university in Minnesota, designed for persons seeking 
        licensure as a peace officer, and approved by the board. 
           Sec. 4.  [REVISOR'S INSTRUCTION.] 
           Subdivision 1.  [LAW ENFORCEMENT AGENCY DEFINITION.] The 
        revisor of statutes shall change the reference "626.84, 
        subdivision 1, paragraph (h)" to "626.84, subdivision 1, 
        paragraph (f)" in Minnesota Statutes, sections 45.0135, 
        subdivision 2a; 364.09, paragraph (a); 473.407, subdivision 1; 
        241.025, subdivision 1; 626.8453, subdivision 1, paragraph (b); 
        626.90, subdivision 2, paragraph (a); 626.91, subdivision 1, 
        paragraph (a); 626.92, subdivision 2; and 626.93, subdivision 2, 
        clause (1), and change the reference from "626.84, subdivision 
        1, paragraph (f)" or "clause (f)" to "626.84, subdivision 1, 
        paragraph (d)" in Minnesota Statutes, sections 473.407, 
        subdivision 4; 241.025, subdivision 4; and 629.34, subdivision 1.
           Subd. 2.  [CONSTABLES AND MARSHALS.] In the following 
        sections, the revisor of statutes shall delete references to the 
        terms "constable," "deputy constable," "marshal," "city 
        marshals," and "statutory city marshal" and make changes 
        necessary to correct the punctuation, grammar, or structure of 
        the remaining text and preserve its meaning:  38.01; 97A.205; 
        103B.645; 103B.683; 115.32, subdivision 3; 136F.53, subdivision 
        5; 169.965, subdivisions 4 and 5; 169.966, subdivisions 4 and 5; 
        169A.03, subdivision 18; 176.011, subdivision 9; 192.68, 
        subdivision 1; 192.85; 260C.148, subdivision 3; 299C.03; 
        299C.06; 299D.03, subdivision 1; 325E.21, subdivision 1; 
        326.3384, subdivision 1; 327.76, subdivision 3; 329.14; 330.06; 
        332.37; 345.04; 345.05; 346.14; 346.17; 346.18; 347.14, 
        subdivisions 1 and 2; 349.33; 359.11; 382.27; 395.23; 398.13; 
        412.861, subdivision 1; 458D.18, subdivision 4; 473.608, 
        subdivision 17; 504B.331; 504B.361, subdivision 1; 504B.375, 
        subdivision 1; 514.22; 514.58; 518B.01, subdivisions 6 and 9; 
        541.06; 561.07; 617.27; 624.24; 624.62; 626.848; 626.862; 
        626.863; 626.88; and 631.04. 
           Sec. 5.  [REPEALER.] 
           Minnesota Statutes 2004, sections 306.13; 315.43; 317A.909, 
        subdivision 4; 357.12; 367.40, subdivisions 3 and 4; 367.401, 
        subdivision 4; 367.42; and 398.35, subdivision 2, are repealed. 

                                   ARTICLE 3 
                         UPDATING AND CONFORMING FINES 
           Section 1.  Minnesota Statutes 2004, section 17.43, is 
        amended to read: 
           17.43 [VIOLATIONS; PENALTIES.] 
           Any person violating section 17.42, shall be is guilty of a 
        gross misdemeanor and shall be fined not less than $250 or be 
        imprisoned for not less than 60 days, or both.  
           Sec. 2.  Minnesota Statutes 2004, section 28.15, is amended 
        to read: 
           28.15 [PENALTIES.] 
           Any person, firm, or corporation violating any provision of 
        this chapter relating to cold storage warehousing shall be is 
        guilty of a gross misdemeanor and, upon conviction, punished for 
        the a first offense by a fine of not to exceed $700 or by 
        imprisonment in the jail of the proper county for a period of 
        not more than three months, or by both such fine and 
        imprisonment, and for the second or subsequent offense by a fine 
        of not to exceed $3,000 or by imprisonment in the jail of the 
        proper county for a period of not to exceed one year or by both 
        such fine and imprisonment, is guilty of a gross misdemeanor.  
           Sec. 3.  Minnesota Statutes 2004, section 32.645, is 
        amended to read: 
           32.645 [PENALTIES.] 
           Subdivision 1.  [GROSS MISDEMEANOR; LICENSE REVOCATION.] 
        Any person licensed under the provisions of sections 28A.04, 
        28A.14, 32.56, and 32.59, who knowingly violates, or who directs 
        or knowingly permits any officer, agent, or employee to violate 
        section 32.62, subdivision 2, clause (1) or (3), shall be is 
        guilty of a gross misdemeanor and upon conviction thereof, be 
        punished by a fine of not more than $3,000, or 30 days 
        imprisonment in the county jail, or both.  For each subsequent 
        offense, in addition to any fine or imprisonment imposed under 
        this subdivision, upon conviction thereof, the commissioner of 
        agriculture shall revoke or withhold issuing to such offender 
        any license required under the provisions of sections 28A.04, 
        28A.14, 32.56, and 32.59, and in such case of revocation of 
        license the commissioner shall not issue any license for the 
        operation of such frozen food manufacturing plant for a period 
        of one year from the date of such revocation.  
           Subd. 2.  [LESSER PENALTIES.] Any person violating section 
        32.62, subdivision 2, clause (2) or (4), for each first 
        offense shall, upon conviction thereof, be punished by a fine of 
        not less than $25 nor more than $200 is guilty of a petty 
        misdemeanor and for each subsequent offense, upon conviction 
        thereof, by a fine of not less than $100 nor more than $250, or 
        30 days imprisonment in the county jail, or both is guilty of a 
        misdemeanor.  
           Sec. 4.  Minnesota Statutes 2004, section 64B.37, 
        subdivision 2, is amended to read: 
           Subd. 2.  [FALSE OR FRAUDULENT STATEMENTS OR 
        REPRESENTATIONS.] Any person, officer, member, or examining 
        physician, who shall knowingly or willfully make makes any false 
        or fraudulent statement or representation in, or with reference 
        to, any application for membership for the purpose of obtaining 
        money from or benefit in any society transacting business under 
        this chapter shall be is guilty of a misdemeanor: 
           (1) any person who shall willfully make makes a false 
        statement of any material fact or thing in a sworn statement as 
        to the death or disability of a certificate holder in any such 
        society, for the purpose of procuring payment of a benefit named 
        in the certificate of such holder, and any person who shall 
        willfully make makes any false statement and any verified report 
        or declaration under oath, required or authorized under this 
        chapter, shall be is guilty of perjury and shall be proceeded 
        against and punished as provided by the statutes of this state 
        in relation to the crime of perjury; 
           (2) any person who shall solicit solicits membership for, 
        or in any manner assist in procuring membership in, any society 
        not licensed to do business in this state, or who shall solicit 
        solicits membership for or in any manner assist in procuring 
        membership in, any such society not authorized to do business in 
        this state, shall be is guilty of a misdemeanor; and, upon 
        conviction thereof, punished by fine of not more than $200; 
           (3) any society, or any officer, agent, or employee 
        thereof, neglecting, refusing to comply with, or violating, any 
        of the provisions of this chapter, the penalty for which 
        neglect, refusal, or violation is not specified in this section, 
        shall be fined not exceeding $200 upon conviction thereof more 
        than $1,000. 
           Sec. 5.  Minnesota Statutes 2004, section 116J.871, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PREVAILING WAGE; PENALTY.] It is a misdemeanor 
        for a person who has certified that prevailing wages will be 
        paid to laborers and mechanics under subdivision 2 to 
        subsequently fail to pay the prevailing wage.  This misdemeanor 
        is punishable by a fine of not more than $1,000, or imprisonment 
        for not more than 90 days, or both.  Each day a violation of 
        this subdivision continues is a separate offense. 
           Sec. 6.  Minnesota Statutes 2004, section 127A.10, is 
        amended to read: 
           127A.10 [STATE OFFICIALS AND SCHOOL BOARD MEMBERS TO BE 
        DISINTERESTED; PENALTY.] 
           If the commissioner of education, an assistant or any 
        employee connected with the commissioner's office, or any member 
        of any school board shall accept or receive any money, gift or 
        any property, or favor from any person, firm, or corporation 
        offering for sale any textbooks, or any agent thereof, or from 
        any person in any way interested in the sale of textbooks, the 
        person accepting or receiving it shall, upon conviction, be 
        punished by a fine not exceeding $1,000, or by imprisonment in 
        the county jail for not more than six months, or both by such 
        fine and imprisonment is guilty of a gross misdemeanor.  
           Sec. 7.  Minnesota Statutes 2004, section 137.09, is 
        amended to read: 
           137.09 [BOARD OF REGENTS NOT TO EXCEED APPROPRIATIONS; 
        PENALTY.] 
           It shall be unlawful for the Board of Regents to permit any 
        expenditures for any purpose in excess of the amount 
        appropriated or contemplated by law and any member or agent of 
        the board violating this provision shall be is guilty of a gross 
        misdemeanor; and, upon conviction, fined not less than $100 nor 
        more than $3,000, or be imprisoned in the county jail for not 
        less than six months, or by both fine and imprisonment.  
           Sec. 8.  Minnesota Statutes 2004, section 152.027, 
        subdivision 4, is amended to read: 
           Subd. 4.  [POSSESSION OR SALE OF SMALL AMOUNTS OF 
        MARIJUANA.] (a) A person who unlawfully sells a small amount of 
        marijuana for no remuneration, or who unlawfully possesses a 
        small amount of marijuana is guilty of a petty misdemeanor 
        punishable by a fine of up to $200 and participation in a drug 
        education program unless the court enters a written finding that 
        a drug education program is inappropriate.  The program must be 
        approved by an area mental health board with a curriculum 
        approved by the state alcohol and drug abuse authority. 
           (b) A person convicted of an unlawful sale under paragraph 
        (a) who is subsequently convicted of an unlawful sale under 
        paragraph (a) within two years is guilty of a misdemeanor and 
        shall be required to participate in a chemical dependency 
        evaluation and treatment if so indicated by the evaluation. 
           (c) A person who is convicted of a petty misdemeanor under 
        paragraph (a) who willfully and intentionally fails to comply 
        with the sentence imposed, is guilty of a misdemeanor.  
        Compliance with the terms of the sentence imposed before 
        conviction under this paragraph is an absolute defense. 
           Sec. 9.  Minnesota Statutes 2004, section 155A.16, is 
        amended to read: 
           155A.16 [VIOLATIONS; PENALTIES.] 
           Any person who violates any of the provisions of sections 
        155A.01 to 155A.16 is guilty of a misdemeanor and upon 
        conviction may be sentenced to imprisonment for not more than 90 
        days or fined not more than $700, or both, per violation. 
           Sec. 10.  Minnesota Statutes 2004, section 168.275, is 
        amended to read: 
           168.275 [SALE OF MOTOR VEHICLE ON SUNDAY FORBIDDEN.] 
           Any person who shall carry on or engage in the business of 
        buying, selling, exchanging, dealing in or trading in new or 
        used motor vehicles; or who shall open any place of business or 
        lot wherein the person attempts to or does engage in the 
        business of buying, selling, exchanging, dealing or trading in 
        new or used motor vehicles; or who does buy, sell, exchange, 
        deal or trade in new or used motor vehicles as a business on the 
        first day of the week, commonly known and designated as Sunday, 
        is guilty of a misdemeanor for the first offense, and a gross 
        misdemeanor for each succeeding offense.  Such a person upon 
        conviction for the first offense shall pay a fine not to exceed 
        $1,000 or be imprisoned for a period of not more than ten days; 
        and for the second offense shall pay a fine not to exceed $3,000 
        or be imprisoned for a period of not more than 30 days or both; 
        and for the third or each subsequent offense shall pay a fine of 
        not more than $3,000 or be imprisoned for a period of not more 
        than six months or both.  This section does not apply to the 
        sale of (1) trailers designed and used primarily to transport 
        watercraft, as defined in section 86B.005, subdivision 18, (2) 
        trailers designed and used primarily to transport all-terrain 
        vehicles, as defined in section 84.92, subdivision 8, (3) 
        trailers designed and used primarily to transport snowmobiles as 
        defined in section 84.81, subdivision 3, or (4) utility trailers 
        as defined in section 168.27, subdivision 20. 
           Sec. 11.  Minnesota Statutes 2004, section 169.21, 
        subdivision 2, is amended to read: 
           Subd. 2.  [RIGHTS IN ABSENCE OF SIGNAL.] (a) Where 
        traffic-control signals are not in place or in operation, the 
        driver of a vehicle shall stop to yield the right-of-way to a 
        pedestrian crossing the roadway within a marked crosswalk or at 
        an intersection with no marked crosswalk.  The driver must 
        remain stopped until the pedestrian has passed the lane in which 
        the vehicle is stopped.  No pedestrian shall suddenly leave a 
        curb or other place of safety and walk or run into the path of a 
        vehicle which is so close that it is impossible for the driver 
        to yield.  This provision shall not apply under the conditions 
        as otherwise provided in this subdivision. 
           (b) When any vehicle is stopped at a marked crosswalk or at 
        an intersection with no marked crosswalk to permit a pedestrian 
        to cross the roadway, the driver of any other vehicle 
        approaching from the rear shall not overtake and pass the 
        stopped vehicle. 
           (c) It is unlawful for any person to drive a motor vehicle 
        through a column of school children crossing a street or highway 
        or past a member of a school safety patrol or adult crossing 
        guard, while the member of the school safety patrol or adult 
        crossing guard is directing the movement of children across a 
        street or highway and while the school safety patrol member or 
        adult crossing guard is holding an official signal in the stop 
        position.  A peace officer may arrest the driver of a motor 
        vehicle if the peace officer has probable cause to believe that 
        the driver has operated the vehicle in violation of this 
        paragraph within the past four hours.  
           (d) A person who violates this subdivision is guilty of a 
        misdemeanor and may be sentenced to imprisonment for not more 
        than 90 days or to payment of a fine of not more than $1,000, or 
        both.  A person who violates this subdivision a second or 
        subsequent time within one year of a previous conviction under 
        this subdivision is guilty of a gross misdemeanor and may be 
        sentenced to imprisonment for not more than one year or to 
        payment of a fine of not more than $3,000, or both. 
           Sec. 12.  Minnesota Statutes 2004, section 181.30, is 
        amended to read: 
           181.30 [DUTY OF DEPARTMENT OF TRANSPORTATION.] 
           Any officer of any railroad company in the state violating 
        any of the provisions of section 181.29 shall be is guilty of a 
        misdemeanor; and, upon conviction, punished by a fine of not 
        less than $100, and not more than $1,000, for each offense, or 
        by imprisonment in the county jail not more than 60 days, or 
        both fine and imprisonment, at the discretion of the court.  It 
        shall be the duty of the state Department of Transportation, 
        upon complaint properly filed with it alleging a violation of 
        section 181.29, to make a full investigation in relation 
        thereto, and for such purpose it shall have the power to 
        administer oaths, interrogate witnesses, take testimony and 
        require the production of books and papers, and if such report 
        shall show a violation of the provisions of section 181.29, the 
        Department of Transportation shall, through the attorney 
        general, begin the prosecution of all parties against whom 
        evidence of such violation is found; but section 181.29 shall 
        not be construed to prevent any other person from beginning 
        prosecution for the violation of the provisions thereof.  
           Sec. 13.  Minnesota Statutes 2004, section 219.57, 
        subdivision 6, is amended to read: 
           Subd. 6.  [MISDEMEANOR.] A railroad company violating this 
        section is guilty of a misdemeanor punishable by a fine of not 
        less than $50 nor more than $200 and may be assessed costs of 
        prosecution for each offense.  
           A railroad employee violating this section is guilty of a 
        misdemeanor punishable by a fine of not less than $50 nor more 
        than $100 and may be assessed costs of prosecution or by 
        imprisonment in the county jail not exceeding 90 days.  
           Sec. 14.  Minnesota Statutes 2004, section 234.23, is 
        amended to read: 
           234.23 [VIOLATION; PENALTY.] 
           A person unlawfully removing, breaking, or interfering or 
        tampering with a seal, lock, or other fastening placed upon a 
        granary, crib, bin, or other receptacle for grain under this 
        chapter, except when the removal is imperative to prevent the 
        damage, loss, or destruction of stored grain, is guilty of a 
        crime punishable by a fine of not less than $100 or more than 
        $1,000 or by imprisonment in the county jail for not more than 
        six months, or both gross misdemeanor.  
           Sec. 15.  Minnesota Statutes 2004, section 235.10, is 
        amended to read: 
           235.10 [UNLAWFUL DISCRIMINATION IN SALE OR PURCHASE OF 
        GRAIN.] 
           A person, firm, copartnership, or corporation engaged in 
        the business of buying grain, either for itself or others, may 
        not, with the intention of creating a monopoly or destroying the 
        business of a competitor, discriminate between different 
        localities, of this state by purchasing grain of a particular 
        grade and condition at a higher price or rate in one locality 
        than in another after making due allowance for the difference, 
        if any, in actual cost of transportation from the locality of 
        purchase, to the locality of manufacture, use, or distribution.  
        Violation of this section is unfair discrimination, punishable 
        by a fine up to $1,000 or by imprisonment in the county jail up 
        to six months a gross misdemeanor.  
           Sec. 16.  Minnesota Statutes 2004, section 235.13, is 
        amended to read: 
           235.13 [VIOLATIONS; PENALTIES.] 
           Violation of chapters 216 to 235, if no specific penalty is 
        prescribed, is a gross misdemeanor, punishable by a fine of not 
        less than $50 nor more than $700.  
           Sec. 17.  Minnesota Statutes 2004, section 325F.40, is 
        amended to read: 
           325F.40 [VIOLATIONS; PENALTIES.] 
           Any person, company, or corporation violating any of the 
        provisions of sections 325F.35 to 325F.39 shall be deemed is 
        guilty of a misdemeanor; and, upon conviction thereof, for the 
        first offense, punished by a fine of not less than $25 nor more 
        than $50 and for each subsequent offense by a fine of not less 
        than $50 nor more than $200.  
           Sec. 18.  Minnesota Statutes 2004, section 329.17, is 
        amended to read: 
           329.17 [VIOLATIONS; PENALTIES.] 
           Subdivision 1.  [GROSS MISDEMEANOR.] Every person, either 
        as principal or agent, who shall in any manner engage in, do, or 
        transact any business as a transient merchant, without having 
        first obtained a license, or who shall conduct any sale, or who 
        shall sell or expose for sale any goods, wares, and merchandise 
        contrary to the provisions of sections 329.10 to 329.16, or who 
        shall advertise, represent, or hold forth any sale of goods, 
        wares, and merchandise, to be conducted contrary to the 
        provisions of sections 329.10 to 329.16, shall be is guilty of a 
        gross misdemeanor.  
           Subd. 2.  [MISDEMEANOR.] Every person who shall engage in 
        or follow the business of a hawker or peddler without having 
        first obtained a license shall be is guilty of a misdemeanor; 
        and upon conviction thereof punished by a fine of not less than 
        $15 nor more than $100 or in default of the payment of such fine 
        by imprisonment in the county jail of the county of conviction 
        for a period of not exceeding 60 days for each offense.  
           Sec. 19.  Minnesota Statutes 2004, section 333.135, is 
        amended to read: 
           333.135 [IMPROPER USE OF INSIGNIA.] 
           Every person who shall willfully wear the insignia or 
        rosette of the military order of the Loyal Legion of the United 
        States, or the badge or button of the American Legion, the 
        Veterans of Foreign Wars, the Disabled American Veterans of the 
        World War, or of any other veterans' organization, or any 
        similitude thereof; or who shall willfully wear any badge, 
        emblem, or insignia pertaining to the order of Masons, Odd 
        Fellows, Knights of Pythias, or any other secret order or 
        society, or any similitude thereof; or who shall use any such 
        badge, button, or insignia to obtain aid or assistance, or who 
        shall use the name of any such order or society for gain, unless 
        entitled to so use the same under the constitution, bylaws, 
        rules, and regulations of such order, shall be is guilty of a 
        misdemeanor and shall be punished by imprisonment in the county 
        jail for not more than 60 days or by a fine of not more than $50 
        or by both.  
           Sec. 20.  Minnesota Statutes 2004, section 395.22, is 
        amended to read: 
           395.22 [PENALTY FOR VIOLATION.] 
           Any person who shall, contrary to the provisions of 
        sections 395.14 to 395.24, sell, transfer, take, or carry away, 
        or in any manner dispose of, the seed or feed, or any part 
        thereof, furnished by the county under sections 395.14 to 395.24 
        or shall use or dispose of such seed or feed, or any part 
        thereof, for any other purpose than that of planting or sowing 
        with same as stated in the application and contract, or shall 
        sell, transfer, take, or carry away, or in any manner dispose 
        of, the crop or any part thereof, produced from the sowing or 
        planting of such seed, before the same is paid for, shall be is 
        guilty of a misdemeanor; and upon conviction thereof shall pay a 
        fine of not less than $50 nor more than $100 or may be 
        imprisoned in the county jail for a term of not less than 30 nor 
        more than 90 days, and shall pay all the costs of prosecution, 
        and whoever under any of the provisions of sections 395.14 to 
        395.24 shall be found guilty of false swearing shall be deemed 
        to have committed perjury and shall upon conviction suffer the 
        pains and penalties of that crime.  Upon the filing of the 
        contract in the office of the county recorder, and the sowing of 
        the seed obtained therefor, the title and right of possession to 
        the growing crop and to the grain produced from the seed shall 
        be in the county which shall have furnished the seed until the 
        debt incurred for such seed or feed, shall have been paid, and 
        any seizure thereof or interference therewith except by the 
        applicant and those in the applicant's employ, for the purpose 
        of harvesting, threshing, and marketing the same to pay such 
        debt, shall be deemed a conversion thereof and treble damages 
        may be recovered against the person so converting the same by 
        the county furnishing such seed and feed. 
           Sec. 21.  Minnesota Statutes 2004, section 481.05, is 
        amended to read: 
           481.05 [VIOLATIONS; PENALTIES.] 
           Subdivision 1.  [MISDEMEANOR.] Any attorney at law who 
        shall violate violates section 481.03 shall be is guilty of a 
        misdemeanor and punished by a fine of not less than $50 nor more 
        than $100 or by imprisonment in the county jail for not more 
        than 90 days. 
           Subd. 2.  [MISDEMEANOR.] Any person who shall violate 
        violates section 481.04 shall be is guilty of a misdemeanor and 
        punished by a fine of not less than $50 nor more than $100 or by 
        imprisonment in the county jail for not to exceed 90 days.  
           Sec. 22.  Minnesota Statutes 2004, section 624.64, is 
        amended to read: 
           624.64 [ACROBATIC EXHIBITIONS.] 
           Every proprietor, occupant, or lessee of any place where 
        acrobatic exhibitions are held, who shall permit any person to 
        perform on any trapeze, rope, pole, or other acrobatic 
        contrivance, without network, or other sufficient means of 
        protection from falling or other accident, shall be is guilty of 
        a gross misdemeanor, and, for the first offense, punished by a 
        fine of $250 and for each subsequent offense by a fine of $250 
        and imprisonment in the county jail for not less than three 
        months nor more than one year.  
           Sec. 23.  Minnesota Statutes 2004, section 624.67, is 
        amended to read: 
           624.67 [FALSE CERTIFICATE OF REGISTRATION OF ANIMALS; FALSE 
        REPRESENTATION AS TO BREED.] 
           Every person who by any false pretense shall obtain from 
        any club, association, society, or company for the improvement 
        of the breed of cattle, horses, sheep, swine, fowls, or other 
        domestic animals, or birds, a certificate of registration of any 
        animal in the herd, or other register of any such association, 
        society, or company, or a transfer of any such registration, and 
        every person who shall knowingly represent any animal used for 
        breeding purposes to be of a greater degree of any particular 
        strain of blood than such animal actually possesses, shall be is 
        guilty of a gross misdemeanor, and punished by imprisonment in 
        the county jail for not more than six months, or by a fine of 
        not more than $250.  
           Sec. 24.  Minnesota Statutes 2004, section 629.11, is 
        amended to read: 
           629.11 [VIOLATION A GROSS MISDEMEANOR.] 
           Any officer who shall deliver to the agent for extradition 
        of the demanding state a person in custody under the governor's 
        warrant in willful disobedience to section 629.10 shall be is 
        guilty of a gross misdemeanor; and upon conviction shall be 
        fined not more than $3,000 or be imprisoned for not more than 
        six months.  
           Sec. 25.  Minnesota Statutes 2004, section 631.04, is 
        amended to read: 
           631.04 [EXCLUDING MINORS FROM ATTENDANCE AT CRIMINAL 
        TRIALS; DUTY OF OFFICER; PENALTY.] 
           A minor under the age of 17 who is not a party to, witness 
        in, or directly interested in a criminal prosecution or trial 
        before a district court, may not be present at the trial.  A 
        police officer, constable, sheriff, or other officer in charge 
        of a court and attending upon the trial of a criminal case in 
        the court, shall exclude a minor under age of 17 from the room 
        in which the trial is being held.  This section does not apply 
        when the minor is permitted to attend by order of the court 
        before which the trial is being held.  A police officer, 
        constable, sheriff, or deputy sheriff who knowingly neglects or 
        refuses to carry out the provisions of this section is guilty of 
        a misdemeanor and shall be punished by a fine of not less than 
        $10 nor more than $25. 

                                   ARTICLE 4 
                        GUARDIANSHIP AND CONSERVATORSHIP 
           Section 1.  Minnesota Statutes 2004, section 144.6501, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] For purposes of this 
        section, the following terms have the meanings given them. 
           (a) "Facility" means a nursing home licensed under chapter 
        144A or a boarding care facility licensed under sections 144.50 
        to 144.58. 
           (b) "Contract of admission," "admission contract," or 
        "admission agreement," includes, but is not limited to, all 
        documents that a resident or resident's representative must sign 
        at the time of, or as a condition of, admission to the 
        facility.  Oral representations and statements between the 
        facility and the resident or resident's representative are not 
        part of the contract of admission unless expressly contained in 
        writing in those documents.  The contract of admission must 
        specify the obligations of the resident or the responsible party.
           (c) "Legal representative" means an attorney-in-fact under 
        a valid power of attorney executed by the prospective resident, 
        or a conservator or guardian of the person or of the estate 
        appointed for the prospective resident, or a representative 
        payee appointed for the prospective resident, or other agent of 
        limited powers. 
           (d) "Responsible party" means a person who has access to 
        the resident's income and assets and who agrees to apply the 
        resident's income and assets to pay for the resident's care or 
        who agrees to make and complete an application for medical 
        assistance on behalf of the resident. 
           Sec. 2.  Minnesota Statutes 2004, section 145B.04, is 
        amended to read: 
           145B.04 [SUGGESTED FORM.] 
           A living will executed after August 1, 1989, under this 
        chapter must be substantially in the form in this section.  
        Forms printed for public distribution must be substantially in 
        the form in this section. 
                            "Health Care Living Will
        Notice: 
           This is an important legal document.  Before signing this 
        document, you should know these important facts: 
           (a) This document gives your health care providers or your 
        designated proxy the power and guidance to make health care 
        decisions according to your wishes when you are in a terminal 
        condition and cannot do so.  This document may include what kind 
        of treatment you want or do not want and under what 
        circumstances you want these decisions to be made.  You may 
        state where you want or do not want to receive any treatment. 
           (b) If you name a proxy in this document and that person 
        agrees to serve as your proxy, that person has a duty to act 
        consistently with your wishes.  If the proxy does not know your 
        wishes, the proxy has the duty to act in your best interests.  
        If you do not name a proxy, your health care providers have a 
        duty to act consistently with your instructions or tell you that 
        they are unwilling to do so. 
           (c) This document will remain valid and in effect until and 
        unless you amend or revoke it.  Review this document 
        periodically to make sure it continues to reflect your 
        preferences.  You may amend or revoke the living will at any 
        time by notifying your health care providers. 
           (d) Your named proxy has the same right as you have to 
        examine your medical records and to consent to their disclosure 
        for purposes related to your health care or insurance unless you 
        limit this right in this document. 
           (e) If there is anything in this document that you do not 
        understand, you should ask for professional help to have it 
        explained to you. 
        TO MY FAMILY, DOCTORS, AND ALL THOSE CONCERNED WITH MY CARE: 
           I, .........................., born on ........ 
        (birthdate), being an adult of sound mind, willfully and 
        voluntarily make this statement as a directive to be followed if 
        I am in a terminal condition and become unable to participate in 
        decisions regarding my health care.  I understand that my health 
        care providers are legally bound to act consistently with my 
        wishes, within the limits of reasonable medical practice and 
        other applicable law.  I also understand that I have the right 
        to make medical and health care decisions for myself as long as 
        I am able to do so and to revoke this living will at any time. 
           (1) The following are my feelings and wishes regarding my 
        health care (you may state the circumstances under which this 
        living will applies): 
        ................................................................ 
        ................................................................ 
        ................................................................ 
        ................................................................ 
           (2) I particularly want to have all appropriate health care 
        that will help in the following ways (you may give instructions 
        for care you do want): 
        .................................................................
        .................................................................
        .................................................................
        .................................................................
           (3) I particularly do not want the following (you may list 
        specific treatment you do not want in certain circumstances): 
        .................................................................
        .................................................................
           (4) I particularly want to have the following kinds of 
        life-sustaining treatment if I am diagnosed to have a terminal 
        condition (you may list the specific types of life-sustaining 
        treatment that you do want if you have a terminal condition): 
        ............................................................... 
        ............................................................... 
        ............................................................... 
        ............................................................... 
           (5) I particularly do not want the following kinds of 
        life-sustaining treatment if I am diagnosed to have a terminal 
        condition (you may list the specific types of life-sustaining 
        treatment that you do not want if you have a terminal condition):
        ............................................................... 
        ............................................................... 
        ............................................................... 
        ............................................................... 
           (6) I recognize that if I reject artificially administered 
        sustenance, then I may die of dehydration or malnutrition rather 
        than from my illness or injury.  The following are my feelings 
        and wishes regarding artificially administered sustenance should 
        I have a terminal condition (you may indicate whether you wish 
        to receive food and fluids given to you in some other way than 
        by mouth if you have a terminal condition): 
        ............................................................... 
        ............................................................... 
        ............................................................... 
        ............................................................... 
           (7) Thoughts I feel are relevant to my instructions.  (You 
        may, but need not, give your religious beliefs, philosophy, or 
        other personal values that you feel are important.  You may also 
        state preferences concerning the location of your care.) 
        ............................................................... 
        ............................................................... 
        ............................................................... 
        ............................................................... 
           (8) Proxy Designation.  (If you wish, you may name someone 
        to see that your wishes are carried out, but you do not have to 
        do this.  You may also name a proxy without including specific 
        instructions regarding your care.  If you name a proxy, you 
        should discuss your wishes with that person.) 
           If I become unable to communicate my instructions, I 
        designate the following person(s) to act on my behalf 
        consistently with my instructions, if any, as stated in this 
        document.  Unless I write instructions that limit my proxy's 
        authority, my proxy has full power and authority to make health 
        care decisions for me.  If a guardian or conservator of the 
        person is to be appointed for me, I nominate my proxy named in 
        this document to act as my guardian or conservator of my person. 
           Name:  ................................................. 
           Address:  .............................................. 
           Phone Number:  ......................................... 
           Relationship:  (If any) ................................ 
           If the person I have named above refuses or is unable or 
        unavailable to act on my behalf, or if I revoke that person's 
        authority to act as my proxy, I authorize the following person 
        to do so: 
           Name:  .....................................................
           Address:  ..................................................
           Phone Number:  .............................................
           Relationship:  (If any) ....................................
           I understand that I have the right to revoke the 
        appointment of the persons named above to act on my behalf at 
        any time by communicating that decision to the proxy or my 
        health care provider. 
           (9) Organ Donation After Death.  (If you wish, you may 
        indicate whether you want to be an organ donor upon your 
        death.)  Initial the statement which expresses your wish: 
           .....  In the event of my death, I would like to donate my 
        organs.  I understand that to become an organ donor, I must be 
        declared brain dead.  My organ function may be maintained 
        artificially on a breathing machine, (i.e., artificial 
        ventilation), so that my organs can be removed. 
           Limitations or special wishes:  (If any) ...................
        .................................................................
        .................................................................
           I understand that, upon my death, my next of kin may be 
        asked permission for donation.  Therefore, it is in my best 
        interests to inform my next of kin about my decision ahead of 
        time and ask them to honor my request. 
           I (have) (have not) agreed in another document or on 
        another form to donate some or all of my organs when I die. 
           .....  I do not wish to become an organ donor upon my death.
           DATE:  .....................................................
           SIGNED: ....................................................
           STATE OF ......................... 
           .................................. 
           COUNTY OF ........................ 
           Subscribed, sworn to, and acknowledged before me by 
        .......... on this ..... day of ............, ..... 
           
           ......................................... 
           NOTARY PUBLIC 
           OR 
           (Sign and date here in the presence of two adult witnesses, 
        neither of whom is entitled to any part of your estate under a 
        will or by operation of law, and neither of whom is your proxy.) 
           I certify that the declarant voluntarily signed this living 
        will in my presence and that the declarant is personally known 
        to me.  I am not named as a proxy by the living will, and to the 
        best of my knowledge, I am not entitled to any part of the 
        estate of the declarant under a will or by operation of law. 
        Witness ....................  Address ..................... 
        Witness ....................  Address ..................... 
        Reminder:  Keep the signed original with your personal papers. 
        Give signed copies to your doctors, family, and proxy." 
           Sec. 3.  Minnesota Statutes 2004, section 201.014, 
        subdivision 2, is amended to read: 
           Subd. 2.  [NOT ELIGIBLE.] The following individuals are not 
        eligible to vote.  Any individual:  
           (a) Convicted of treason or any felony whose civil rights 
        have not been restored; 
           (b) Under a guardianship of the person in which the court 
        order provides that the ward does not retain the right to vote; 
        or 
           (c) Found by a court of law to be legally incompetent.  
           Sec. 4.  Minnesota Statutes 2004, section 201.071, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [FORM.] A voter registration application 
        must be of suitable size and weight for mailing and contain 
        spaces for the following required information:  voter's first 
        name, middle name, and last name; voter's previous name, if any; 
        voter's current address; voter's previous address, if any; 
        voter's date of birth; voter's municipality and county of 
        residence; voter's telephone number, if provided by the voter; 
        date of registration; current and valid Minnesota driver's 
        license number or Minnesota state identification number, or if 
        the voter has no current and valid Minnesota driver's license or 
        Minnesota state identification, the last four digits of the 
        voter's Social Security number; and voter's signature.  The 
        registration application may include the voter's e-mail address, 
        if provided by the voter, and the voter's interest in serving as 
        an election judge, if indicated by the voter.  The application 
        must also contain the following certification of voter 
        eligibility: 
           "I certify that I: 
           (1) will be at least 18 years old on election day; 
           (2) am a citizen of the United States; 
           (3) will have resided in Minnesota for 20 days immediately 
        preceding election day; 
           (4) maintain residence at the address given on the 
        registration form; 
           (5) am not under court-ordered guardianship of the person 
        where I have not retained the right to vote; 
           (6) have not been found by a court to be legally 
        incompetent to vote; 
           (7) have not been convicted of a felony without having my 
        civil rights restored; and 
           (8) have read and understand the following statement:  that 
        giving false information is a felony punishable by not more than 
        five years imprisonment or a fine of not more than $10,000, or 
        both." 
           The certification must include boxes for the voter to 
        respond to the following questions:  
           "(1) Are you a citizen of the United States?" and 
           "(2) Will you be 18 years old on or before election day?" 
           And the instruction: 
           "If you checked 'no' to either of these questions, do not 
        complete this form." 
           The form of the voter registration application and the 
        certification of voter eligibility must be as provided in this 
        subdivision and approved by the secretary of state.  Voter 
        registration forms authorized by the National Voter Registration 
        Act may also be accepted as valid. 
           An individual may use a voter registration application to 
        apply to register to vote in Minnesota or to change information 
        on an existing registration. 
           Sec. 5.  Minnesota Statutes 2004, section 201.15, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GUARDIANSHIPS AND INCOMPETENTS.] Pursuant 
        to the Help America Vote Act of 2002, Public Law 107-252, the 
        state court administrator shall report monthly by electronic 
        means to the secretary of state the name, address, and date of 
        birth of each individual 18 years of age or over, who during the 
        month preceding the date of the report:  
           (a) was placed under a guardianship of the person in which 
        the court order provides that the ward does not retain the right 
        to vote; or 
           (b) was adjudged legally incompetent. 
           The court administrator shall also report the same 
        information for each individual transferred to the jurisdiction 
        of the court who meets a condition specified in clause (a) or 
        (b).  The secretary of state shall determine if any of the 
        persons in the report is registered to vote and shall prepare a 
        list of those registrants for the county auditor.  The county 
        auditor shall change the status on the record in the statewide 
        registration system of any individual named in the report to 
        indicate that the individual is not eligible to reregister or 
        vote. 
           Sec. 6.  Minnesota Statutes 2004, section 204B.10, 
        subdivision 6, is amended to read: 
           Subd. 6.  [INELIGIBLE VOTER.] Upon receipt of a certified 
        copy of a final judgment or order of a court of competent 
        jurisdiction that a person who has filed an affidavit of 
        candidacy or who has been nominated by petition: 
           (1) has been convicted of treason or a felony and the 
        person's civil rights have not been restored; 
           (2) is under guardianship of the person; or 
           (3) has been found by a court of law to be legally 
        incompetent; 
        the filing officer shall notify the person by certified mail at 
        the address shown on the affidavit or petition, and shall not 
        certify the person's name to be placed on the ballot.  The 
        actions of a filing officer under this subdivision are subject 
        to judicial review under section 204B.44. 
           Sec. 7.  Minnesota Statutes 2004, section 246.01, is 
        amended to read: 
           246.01 [POWERS AND DUTIES.] 
           The commissioner of human services is hereby specifically 
        constituted the guardian of both the estate and person of all 
        persons with mental retardation, the guardianship of whom has 
        heretofore been vested in the State Board of Control or in the 
        director of social welfare whether by operation of law or by an 
        order of court without any further act or proceeding, and all 
        the powers and duties vested in or imposed upon the State Board 
        of Control or the director of social welfare, with reference to 
        mental testing of persons with mental retardation, and with 
        reference to the institutions of the state of Minnesota except 
        correctional facilities administered and managed by the 
        commissioner of corrections, are hereby transferred to, vested 
        in, and imposed upon the commissioner of human services, and in 
        relation thereto is hereby charged with and shall have the 
        exclusive power of administration and management of all of the 
        following state institutions:  state hospitals for persons with 
        mental retardation, mental illness, or chemical dependency.  The 
        commissioner shall have power and authority to determine all 
        matters relating to the unified and continuous development of 
        all of the foregoing institutions and of such other 
        institutions, the supervision of which may, from time to time, 
        be vested in the commissioner.  It is intended that there be 
        vested in the commissioner all of the powers, functions, and 
        authority heretofore vested in the State Board of Control 
        relative to such state institutions.  The commissioner shall 
        have the power and authority to accept, in behalf of the state, 
        contributions and gifts of money and personal property for the 
        use and benefit of the residents of the public institutions 
        under the commissioner's control, and all money and securities 
        so received shall be deposited in the state treasury subject to 
        the order of the commissioner of human services.  If the gift or 
        contribution is designated by the donor for a certain 
        institution or purpose, the commissioner of human services shall 
        expend or use the same as nearly as may be in accordance with 
        the conditions of the gift or contribution, compatible with the 
        best interests of the inmates and the state.  The commissioner 
        of human services is hereby constituted the "state agency" as 
        defined by the Social Security Act of the United States and the 
        laws of this state for all purposes relating to mental health 
        and mental hygiene. 
           For the purpose of carrying out these duties, the 
        commissioner of human services shall accept from wards with 
        mental retardation for whom the commissioner is specifically 
        appointed guardian a signed application for consent to the 
        marriage of said ward.  Upon receipt of such application the 
        commissioner shall promptly conduct such investigation as the 
        commissioner deems proper and determine if the contemplated 
        marriage is for the best interest of the ward and the public.  A 
        signed copy of the commissioner's determination shall be mailed 
        to the ward and to the court administrator of the district court 
        of the county where the application for such marriage license 
        was made. 
           There is hereby appropriated to such persons or 
        institutions as are entitled to such sums as are provided for in 
        this section, from the fund or account in the state treasury to 
        which the money was credited, an amount sufficient to make such 
        payment. 
           Sec. 8.  Minnesota Statutes 2004, section 252A.03, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [NOMINATION OF GUARDIAN OR CONSERVATOR.] 
        The commissioner may be nominated in a sworn written request by 
        any one of the following to act as guardian or conservator for 
        any mentally retarded person: 
           (a) An interested person; 
           (b) The guardian or conservator of the person of the 
        mentally retarded person to act as successor; 
           (c) The mentally retarded person. 
           Sec. 9.  Minnesota Statutes 2004, section 252A.03, 
        subdivision 4, is amended to read: 
           Subd. 4.  [ALTERNATIVES.] Public guardianship or 
        conservatorship may be imposed only when no acceptable, less 
        restrictive form of guardianship or conservatorship is 
        available.  The commissioner shall seek parents, near relatives, 
        and other interested persons to assume private guardianship for 
        persons with developmental disabilities who are currently under 
        public guardianship.  If a person seeks to become a private 
        guardian or conservator, costs to the person may be reimbursed 
        under section 525.703, subdivision 3, paragraph (b) 524.5-502.  
        The commissioner must provide technical assistance to parents, 
        near relatives, and interested persons seeking to become private 
        guardians or conservators. 
           Sec. 10.  Minnesota Statutes 2004, section 252A.101, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERAL.] Except as otherwise provided in 
        this section, section 525.551, subdivisions 1 to 4, sections 
        524.5-101 to 524.5-502 apply to public guardianship hearings. 
           Sec. 11.  Minnesota Statutes 2004, section 252A.101, 
        subdivision 5, is amended to read: 
           Subd. 5.  [FINDINGS.] (a) In all cases the court shall make 
        specific written findings of fact, conclusions of law, and 
        direct entry of an appropriate judgment or order.  The court 
        shall order the appointment of the commissioner as guardian or 
        conservator if it finds that: 
           (1) the proposed ward or conservatee is a mentally retarded 
        person as defined in section 252A.02, subdivision 2; 
           (2) the proposed ward or conservatee is incapable of 
        exercising specific legal rights, which must be enumerated in 
        its findings; 
           (3) the proposed ward or conservatee is in need of the 
        supervision and protection of a guardian or conservator; and 
           (4) no appropriate alternatives to public guardianship or 
        public conservatorship exist that are less restrictive of the 
        person's civil rights and liberties, such as appointing a 
        guardian or conservator under sections 525.539 524.5-101 to 
        525.705 524.5-502. 
           (b) The court shall grant the specific powers that are 
        necessary for the commissioner to act as public guardian or 
        conservator on behalf of the ward or conservatee. 
           Sec. 12.  Minnesota Statutes 2004, section 253B.23, 
        subdivision 2, is amended to read: 
           Subd. 2.  [LEGAL RESULTS OF COMMITMENT STATUS.] (a) Except 
        as otherwise provided in this chapter and in sections 246.15 and 
        246.16, no person by reason of commitment or treatment pursuant 
        to this chapter shall be deprived of any legal right, including 
        but not limited to the right to dispose of property, sue and be 
        sued, execute instruments, make purchases, enter into 
        contractual relationships, vote, and hold a driver's license.  
        Commitment or treatment of any patient pursuant to this chapter 
        is not a judicial determination of legal incompetency except to 
        the extent provided in section 253B.03, subdivision 6.  
           (b) Proceedings for determination of legal incompetency and 
        the appointment of a guardian for a person subject to commitment 
        under this chapter may be commenced before, during, or after 
        commitment proceedings have been instituted and may be conducted 
        jointly with the commitment proceedings.  The court shall notify 
        the head of the treatment facility to which the patient is 
        committed of a finding that the patient is incompetent.  
           (c) Where the person to be committed is a minor or owns 
        property of value and it appears to the court that the person is 
        not competent to manage a personal estate, the court shall 
        appoint a general or special guardian or conservator of the 
        person's estate for the person or a conservator of the person's 
        estate as provided by law. 
           Sec. 13.  Minnesota Statutes 2004, section 256.93, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [LIMITATIONS.] In any case where the 
        guardianship of the person of any mentally retarded, 
        handicapped, dependent, neglected or delinquent child, or a 
        child born to a mother who was not married to the child's father 
        when the child was conceived nor when the child was born, has 
        been committed to the commissioner of human services, and in any 
        case where the guardianship or conservatorship of the person of 
        any person with mental retardation has been committed to the 
        commissioner of human services, the court having jurisdiction of 
        the estate may on such notice as the court may direct, authorize 
        the commissioner to take possession of the personal property in 
        the estate, liquidate it, and hold the proceeds in trust for the 
        ward, to be invested, expended and accounted for as provided by 
        sections 256.88 to 256.92.  
           Sec. 14.  Minnesota Statutes 2004, section 257B.08, is 
        amended to read: 
           257B.08 [CONFLICTING DOCUMENTS.] 
           If a parent has appointed a testamentary guardian of the 
        person or estate of children by will under chapter 529 and there 
        is a conflict between the designation in the will and a duly 
        executed standby custodian designation, the document latest in 
        date of execution prevails. 
           Sec. 15.  Minnesota Statutes 2004, section 259.21, 
        subdivision 4, is amended to read: 
           Subd. 4.  [GUARDIAN.] "Guardian" means a guardian of the 
        person of the ward appointed by a court of competent 
        jurisdiction.  
           Sec. 16.  Minnesota Statutes 2004, section 260C.101, 
        subdivision 2, is amended to read: 
           Subd. 2.  [JURISDICTION OVER OTHER MATTERS RELATING TO 
        CHILDREN.] Except as provided in clause (d), the juvenile court 
        has original and exclusive jurisdiction in proceedings 
        concerning: 
           (a) The termination of parental rights to a child in 
        accordance with the provisions of sections 260C.301 to 260C.328. 
           (b) The appointment and removal of a juvenile court 
        guardian of the person for a child, where parental rights have 
        been terminated under the provisions of sections 260C.301 to 
        260C.328. 
           (c) Judicial consent to the marriage of a child when 
        required by law. 
           (d) The juvenile court in those counties in which the judge 
        of the probate-juvenile court has been admitted to the practice 
        of law in this state shall proceed under the laws relating to 
        adoptions in all adoption matters.  In those counties in which 
        the judge of the probate-juvenile court has not been admitted to 
        the practice of law in this state the district court shall 
        proceed under the laws relating to adoptions in all adoption 
        matters. 
           (e) The review of the foster care status of a child who has 
        been placed in a residential facility, as defined in section 
        260C.212, subdivision 1, pursuant to a voluntary release by the 
        child's parent or parents.  
           Sec. 17.  Minnesota Statutes 2004, section 302A.011, 
        subdivision 16, is amended to read: 
           Subd. 16.  [LEGAL REPRESENTATIVE.] "Legal representative"  
        means a person empowered to act for another person, including, 
        but not limited to, an agent, officer, partner, or associate of, 
        an organization; a trustee of a trust; a personal 
        representative; an executor of a will; an administrator of an 
        estate; a trustee in bankruptcy; and a receiver, guardian, 
        custodian, or conservator of the a person or estate of a 
        person a person's estate.  
           Sec. 18.  Minnesota Statutes 2004, section 303.03, is 
        amended to read: 
           303.03 [FOREIGN CORPORATIONS MUST HAVE CERTIFICATE OF 
        AUTHORITY.] 
           No foreign corporation shall transact business in this 
        state unless it holds a certificate of authority so to do; and 
        no foreign corporation whose certificate of authority has been 
        revoked or canceled pursuant to the provisions of this chapter 
        shall be entitled to obtain a certificate of authority except in 
        accordance with the provisions of section 303.19.  This section 
        does not establish standards for those activities that may 
        subject a foreign corporation to taxation under section 290.015 
        and to the reporting requirements of section 290.371.  Without 
        excluding other activities which may not constitute transacting 
        business in this state, and subject to the provisions of 
        sections 5.25 and 543.19, a foreign corporation shall not be 
        considered to be transacting business in this state for the 
        purposes of this chapter solely by reason of carrying on in this 
        state any one or more of the following activities:  
           (a) maintaining or defending any action or suit or any 
        administrative or arbitration proceeding, or effecting the 
        settlement thereof or the settlement of claims or disputes; 
           (b) holding meetings of its directors or shareholders or 
        carrying on other activities concerning its internal affairs; 
           (c) maintaining bank accounts; 
           (d) maintaining offices or agencies for the transfer, 
        exchange, and registration of its securities, or appointing and 
        maintaining trustees or depositaries with relation to its 
        securities; 
           (e) holding title to and managing real or personal 
        property, or any interest therein, situated in this state, as 
        executor of the will or administrator of the estate of any 
        decedent, as trustee of any trust, or as guardian or conservator 
        of the person or estate, or both, of any person or conservator 
        of any person's estate; 
           (f) making, participating in, or investing in loans or 
        creating, as borrower or lender, or otherwise acquiring 
        indebtedness or mortgages or other security interests in real or 
        personal property; 
           (g) securing or collecting its debts or enforcing any 
        rights in property securing them; or 
           (h) conducting an isolated transaction completed within a 
        period of 30 days and not in the course of a number of repeated 
        transactions of like nature.  
           Sec. 19.  Minnesota Statutes 2004, section 303.25, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [APPOINTMENTS.] Any foreign trust 
        association may accept appointment and act as executor of the 
        will or administrator of the estate of any decedent who was a 
        resident of this state at the time of death, as trustee of any 
        trust created by a resident of this state by will or otherwise, 
        and as guardian or conservator of the person or estate, or both, 
        of any resident of this state or conservator of the resident's 
        estate, if banking or trust associations or corporations 
        organized under the laws of this state or national banking 
        associations maintaining their principal offices in this state 
        are permitted to act as executors, administrators, trustees, 
        guardians, or conservators in the state in which the foreign 
        trust association maintains its principal office.  Any foreign 
        trust association may accept appointment and act as executor of 
        the will or administrator of the estate of a decedent, who was a 
        resident of the state in which the foreign trust association 
        maintains its principal office at the time of death, in 
        ancillary probate proceedings in this state, as trustee of any 
        trust created by the decedent by will or otherwise of property 
        situated in this state, and as guardian or conservator in 
        ancillary proceedings in this state with respect to the property 
        of a resident of the other state if banking or trust 
        associations or corporations organized under the laws of this 
        state and national banking associations maintaining their 
        principal offices in this state are permitted to act as 
        executors, administrators, trustees, guardians, or conservators 
        in the state in which the foreign trust association maintains 
        its principal office. 
           Sec. 20.  Minnesota Statutes 2004, section 322B.03, 
        subdivision 27, is amended to read: 
           Subd. 27.  [LEGAL REPRESENTATIVE.] "Legal representative" 
        means a person empowered to act for another person, including, 
        but not limited to, an agent, manager, partner, or associate, of 
        an organization; a trustee of a trust; a personal 
        representative; an executor of a will; an administrator of an 
        estate; a trustee in bankruptcy; and a receiver, guardian, 
        custodian, or conservator of the a person or estate of a person 
        a person's estate. 
           Sec. 21.  Minnesota Statutes 2004, section 501B.18, is 
        amended to read: 
           501B.18 [ORDER FOR HEARING.] 
           Upon the filing of a petition under section 501B.16, the 
        court shall, by order, fix a time and place for a hearing, 
        unless notice and hearing have been waived in writing by the 
        beneficiaries of the trust then in being.  Unless waived, notice 
        of the hearing must be given as follows:  (1) by publishing, at 
        least 20 days before the date of the hearing, a copy of the 
        order for hearing one time in a legal newspaper for the county 
        in which the petition is filed; and (2) by mailing, at least 15 
        days before the date of the hearing, a copy of the order for 
        hearing to those beneficiaries of the trust who are known to or 
        reasonably ascertainable by the petitioner.  In the case of a 
        beneficiary who is a minor or an incapacitated person as defined 
        in section 525.54 524.5-102 and for whom a conservator, 
        guardian, or guardian ad litem known to the petitioner has been 
        appointed, notice must be mailed to that fiduciary.  Notice may 
        be given in any other manner the court orders. 
           Sec. 22.  Minnesota Statutes 2004, section 501B.19, is 
        amended to read: 
           501B.19 [REPRESENTATION OF PERSONS WHO ARE UNBORN, 
        UNASCERTAINED, UNKNOWN, OR MINORS OR INCAPACITATED PERSONS.] 
           If an interested person is a minor or an incapacitated 
        person as defined in section 525.54 524.5-102 and has no 
        guardian or conservator within the state, or if an interested 
        person is unborn, unascertained, or a person whose identity or 
        address is unknown to the petitioner, the court shall represent 
        that person, unless the court, upon the application of the 
        trustee or any other interested person, appoints a guardian ad 
        litem to represent the person. 
           Sec. 23.  Minnesota Statutes 2004, section 525.9212, is 
        amended to read: 
           525.9212 [MAKING, REVOKING, AND OBJECTING TO ANATOMICAL 
        GIFTS, BY OTHERS.] 
           (a) Any member of the following classes of persons, in the 
        order of priority listed, may make an anatomical gift of all or 
        a part of the decedent's body for an authorized purpose, unless 
        the decedent has made a refusal to make that anatomical gift 
        that is unrevoked at the time of death: 
           (1) the spouse of the decedent; 
           (2) an adult son or daughter of the decedent; 
           (3) either parent of the decedent; 
           (4) an adult brother or sister of the decedent; 
           (5) a grandparent of the decedent; and 
           (6) a guardian or conservator of the person of the decedent 
        at the time of death or a health care agent or proxy appointed 
        by the decedent under a health care directive as defined in 
        section 145C.01, a living will under chapter 145B, or other 
        similar document executed in another state and enforceable under 
        the laws of this state. 
           (b) An anatomical gift may not be made by a person listed 
        in paragraph (a) if: 
           (1) a person in a prior class is available at the time of 
        death to make an anatomical gift; 
           (2) the person proposing to make an anatomical gift knows 
        of a refusal or contrary indications by the decedent; or 
           (3) the person proposing to make an anatomical gift knows 
        of an objection to making an anatomical gift by a member of the 
        person's class or a prior class. 
           (c) An anatomical gift by a person authorized under 
        paragraph (a) must be made by (i) a document of gift signed by 
        the person, or (ii) the person's telegraphic, recorded 
        telephonic, or other recorded message, or other form of 
        communication from the person that is contemporaneously reduced 
        to writing and signed by the recipient. 
           (d) An anatomical gift by a person authorized under 
        paragraph (a) may be revoked by any member of the same or a 
        prior class if, before procedures have begun for the removal of 
        a part from the body of the decedent, the physician, surgeon, 
        technician, or enucleator removing the part knows of the 
        revocation. 
           (e) A failure to make a decision as to an anatomical gift 
        under paragraph (a) is not an objection to the making of an 
        anatomical gift. 
           Sec. 24.  Minnesota Statutes 2004, section 525.95, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] The definitions in this 
        subdivision apply to this section. 
           (a) "War service" includes the following, during a period 
        when the United States is engaged in war or other major military 
        engagement with a foreign nation: 
           (1) active membership in the military forces of the United 
        States or any of its allies; 
           (2) acceptance for membership in the military forces of the 
        United States or any of its allies and awaiting induction into 
        that service; 
           (3) participation in work abroad in connection with a 
        governmental agency of the United States or any of its allies, 
        with the Red Cross, or with a similar service; 
           (4) internment by an enemy or absence from the United 
        States and inability to return; and 
           (5) service arising out of or in connection with the war or 
        other major military engagement, which in the opinion of the 
        court prevents the fiduciary from giving the proper attention to 
        duties. 
           (b) "Fiduciary" refers to a trustee of a testamentary trust 
        or of an express trust, a guardian of a person or conservator of 
        the person or estate of a person person's estate, an executor of 
        a will, an administrator of the estate of the decedent, a 
        custodian under the Minnesota Uniform Transfers to Minors Act, 
        or an advisor or consultant in a testamentary or express trust. 
           Sec. 25.  Minnesota Statutes 2004, section 527.38, is 
        amended to read: 
           527.38 [RENUNCIATION, RESIGNATION, DEATH, OR REMOVAL OF 
        CUSTODIAN; DESIGNATION OF SUCCESSOR CUSTODIAN.] 
           (a) A person nominated under section 527.23 or designated 
        under section 527.29 as custodian may decline to serve by 
        delivering a valid disclaimer to the person who made the 
        nomination or to the transferor or the transferor's legal 
        representative.  If the event giving rise to a transfer has not 
        occurred and no substitute custodian able, willing, and eligible 
        to serve was nominated under section 527.23, the person who made 
        the nomination may nominate a substitute custodian under section 
        527.23; otherwise the transferor or the transferor's legal 
        representative shall designate a substitute custodian at the 
        time of the transfer, in either case from among the persons 
        eligible to serve as custodian for that kind of property under 
        section 527.29, paragraph (a).  The custodian so designated has 
        the rights of a successor custodian.  
           (b) A custodian at any time may designate a trust company 
        or an adult other than a transferor under section 527.24 as 
        successor custodian by executing and dating an instrument of 
        designation before a subscribing witness other than the 
        successor.  If the instrument of designation does not contain or 
        is not accompanied by the resignation of the custodian, the 
        designation of the successor does not take effect until the 
        custodian resigns, dies, becomes incapacitated, or is removed.  
           (c) A custodian may resign at any time by delivering 
        written notice to the minor if the minor has attained the age of 
        14 years and to the successor custodian and by delivering the 
        custodial property to the successor custodian.  
           (d) If a custodian is ineligible, dies, or becomes 
        incapacitated without having effectively designated a successor 
        and the minor has attained the age of 14 years, the minor may 
        designate as successor custodian, in the manner prescribed in 
        paragraph (b), an adult member of the minor's family, a 
        conservator of the minor, or a trust company.  If the minor has 
        not attained the age of 14 years or fails to act within 60 days 
        after the ineligibility, death, or incapacity, the conservator 
        of the minor becomes successor custodian.  If the minor has no 
        conservator or the conservator declines to act, the transferor, 
        the legal representative of the transferor or of the custodian, 
        an adult member of the minor's family, or any other interested 
        person may petition the court to designate a successor custodian.
           (e) A custodian who declines to serve under paragraph (a) 
        or resigns under paragraph (c), or the legal representative of a 
        deceased or incapacitated custodian, as soon as practicable, 
        shall put the custodial property and records in the possession 
        and control of the successor custodian.  The successor custodian 
        by action may enforce the obligation to deliver custodial 
        property and records and becomes responsible for each item as 
        received.  
           (f) A transferor, the legal representative of a transferor, 
        an adult member of the minor's family, a guardian of the person 
        of the minor, the conservator of the minor minor's estate, or 
        the minor if the minor has attained the age of 14 years may 
        petition the court to remove the custodian for cause and to 
        designate a successor custodian other than a transferor under 
        section 527.24 or to require the custodian to give appropriate 
        bond.  
           Sec. 26.  Minnesota Statutes 2004, section 527.39, is 
        amended to read: 
           527.39 [ACCOUNTING BY AND DETERMINATION OF LIABILITY OF 
        CUSTODIAN.] 
           (a) A minor who has attained the age of 14 years, the 
        minor's guardian of the person or legal representative, an adult 
        member of the minor's family, a transferor, or a transferor's 
        legal representative may petition the court (i) for an 
        accounting by the custodian or the custodian's legal 
        representative; or (ii) for a determination of responsibility, 
        as between the custodial property and the custodian personally, 
        for claims against the custodial property unless the 
        responsibility has been adjudicated in an action under section 
        527.37 to which the minor or the minor's legal representative 
        was a party.  
           (b) A successor custodian may petition the court for an 
        accounting by the predecessor custodian.  
           (c) The court, in a proceeding under this chapter or in any 
        other proceeding, may require or permit the custodian or the 
        custodian's legal representative to account.  
           (d) If a custodian is removed under section 527.38, 
        paragraph (f), the court shall require an accounting and order 
        delivery of the custodial property and records to the successor 
        custodian and the execution of all instruments required for 
        transfer of the custodial property.  
           Sec. 27.  Minnesota Statutes 2004, section 529.12, is 
        amended to read: 
           529.12 [DECLINATION, RESIGNATION, INCAPACITY, DEATH, OR 
        REMOVAL OF CUSTODIAL TRUSTEE; DESIGNATION OF SUCCESSOR CUSTODIAL 
        TRUSTEE.] 
           (a) Before accepting the custodial trust property, a person 
        designated as custodial trustee may decline to serve by 
        notifying the person who made the designation, the transferor, 
        or the transferor's legal representative.  If an event giving 
        rise to a transfer has not occurred, the substitute custodial 
        trustee designated under section 529.03 becomes the custodial 
        trustee, or, if a substitute custodial trustee has not been 
        designated, the person who made the designation may designate a 
        substitute custodial trustee pursuant to section 529.03.  In 
        other cases, the transferor or the transferor's legal 
        representative may designate a substitute custodial trustee. 
           (b) A custodial trustee who has accepted the custodial 
        trust property may resign by (i) delivering written notice to a 
        successor custodial trustee, if any, the beneficiary and, if the 
        beneficiary is incapacitated, to the beneficiary's conservator, 
        if any, and (ii) transferring or registering, or recording an 
        appropriate instrument relating to, the custodial trust 
        property, in the name of, and delivering the records to, the 
        successor custodial trustee identified under subsection (c). 
           (c) If a custodial trustee or successor custodial trustee 
        is ineligible, resigns, dies, or becomes incapacitated, the 
        successor designated under section 529.02, subsection (g), or 
        529.03 becomes custodial trustee.  If there is no effective 
        provision for a successor, the beneficiary, if not 
        incapacitated, or the holder of the beneficiary's power of 
        attorney, may designate a successor custodial trustee. 
           (d) If a successor custodial trustee is not designated 
        pursuant to subsection (c), the transferor, the legal 
        representative of the transferor or of the custodial trustee, an 
        adult member of the beneficiary's family, the conservator of the 
        beneficiary, a person interested in the custodial trust 
        property, or a person interested in the welfare of the 
        beneficiary, may petition the court to designate a successor 
        custodial trustee in accordance with the procedures set forth in 
        sections 501B.16 to 501B.25. 
           (e) A custodial trustee who declines to serve or resigns, 
        or the legal representative of a deceased or incapacitated 
        custodial trustee, as soon as practicable, shall put the 
        custodial trust property and records in the possession and 
        control of the successor custodial trustee.  The successor 
        custodial trustee may enforce the obligation to deliver 
        custodial trust property and records and becomes responsible for 
        each item as received. 
           (f) A beneficiary, the beneficiary's conservator, an adult 
        member of the beneficiary's family, a guardian of the person of 
        the beneficiary, a person interested in the custodial trust 
        property, or a person interested in the welfare of the 
        beneficiary, may petition the court to remove the custodial 
        trustee for cause and designate a successor custodial trustee, 
        to require the custodial trustee to furnish a bond or other 
        security for the faithful performance of fiduciary duties, or 
        for other appropriate relief. 
           Sec. 28.  Minnesota Statutes 2004, section 540.18, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [LIABILITY RULE.] The parent or guardian of 
        the person of a minor who is under the age of 18 and who is 
        living with the parent or guardian and who willfully or 
        maliciously causes injury to any person or damage to any 
        property is jointly and severally liable with such minor for 
        such injury or damage to an amount not exceeding $1,000, if such 
        minor would have been liable for such injury or damage if the 
        minor had been an adult. Nothing in this subdivision shall be 
        construed to relieve such minor from personal liability for such 
        injury or damage.  The liability provided in this subdivision is 
        in addition to and not in lieu of any other liability which may 
        exist at law.  Recovery under this section shall be limited to 
        special damages. 
           Sec. 29.  [REVISOR'S INSTRUCTION.] 
           The Revisor of Statutes shall change the references to 
        Minnesota Statutes in the following Minnesota Rules parts from 
        the repealed section number in column A to the current section 
        number in column B. 
                                Column A            Column B
        Minnesota Rules Part  Obsolete Reference  Current Reference
        3400.0020,            525.615; 525.6165   524.5-201;
        subp. 31b                                 524.5-202;
                                                  524.5-204
        9520.0902, subp. 26   525.619             524.5-207;
                                                  524.5-209
        9525.0004, subp. 17   524.5-505           524.5-211
        9525.3020, subp. 3    525.54,             524.5-302;
                              subd. 3             524.5-303;
                                                  524.5-403
        9525.3025, subp. 7    525.55              524.5-113;         
                                                  524.5-303;
                                                  524.5-304;
                                                  524.5-308;
                                                  524.5-404
        9525.3030             525.56              524.5-313;
                                                  524.5-417;
                                                  524.5-418
        9525.3040, subp. 1    525.56,             524.5-313,
                              subds. 1 to 3       paragraphs (a) to (c)
        9525.3060, subp. 1    525.56, subd. 3     524.5-313,
                                                  paragraph (c)
        9525.3060, subp. 1    525.56, subd. 3,    524.5-313,
                              clause (4),         paragraph (c),
                              paragraph (b)       clause (4), item (ii)
        9525.3060, subp. 2    525.56, subd. 3,    524.5-313,
                              clause (4),         paragraph (c),
                              paragraph (c)       clause (4), item (iii)
        9525.3060, subp. 4    525.56, subd. 3,    524.5-313,
                              clause (4),         paragraph (c),
                              paragraph (a)       clause (4), item (i)
        9525.3075, subp. 3    525.57              524.5-107;
                                                  524.5-433
        9525.3090, subp. 3    525.60              524.5-112;
                                                  524.5-317;
                                                  524.5-428;
                                                  524.5-431
        9525.0925, subp. 22   525.619             524.5-207;
                                                  524.5-209
        9555.5105, subp. 20   525.539 to          524.5-101 to
                              525.6198            524.5-502
        9555.7600             525.539 to          524.5-101 to
                              525.6198            524.5-502

                                   ARTICLE 5 
                             RETIREMENT PROVISIONS 
           Section 1.  Minnesota Statutes 2004, section 353.01, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PUBLIC EMPLOYEE.] "Public employee" means a 
        governmental employee performing personal services for a 
        governmental subdivision defined in subdivision 6, whose salary 
        is paid, in whole or in part, from revenue derived from 
        taxation, fees, assessments, or from other sources.  The term 
        includes the classes of persons described or listed in 
        subdivision 2a.  The term also includes persons who elect 
        association membership under subdivision 2d, paragraph (a), and 
        persons for whom the applicable governmental subdivision had 
        elected association membership under subdivision 2d, paragraph 
        (b).  The term also includes full-time employees of the Dakota 
        County Agricultural Society.  The term excludes the classes of 
        persons listed in subdivision 2b for purposes of membership in 
        the association.  
           Sec. 2.  Minnesota Statutes 2004, section 353.34, 
        subdivision 3a, is amended to read: 
           Subd. 3a.  [DEFERRED ANNUITY; CERTAIN HOSPITAL EMPLOYEES.] 
        Any member employed by a public hospital, as defined in 
        section 355.71 355.01, subdivision 3 3k, who has at least three 
        years of allowable service credit on the date the public 
        hospital is taken over by a private corporation or organization, 
        may elect to receive a deferred annuity pursuant to subdivision 
        3 notwithstanding the length of service requirement contained 
        therein.  
           Sec. 3.  Minnesota Statutes 2004, section 356.431, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [LUMP-SUM POSTRETIREMENT PAYMENT 
        CONVERSION.] For benefits paid after December 31, 2001, to 
        eligible persons under sections 356.42 and 356.43, the amount of 
        the most recent lump-sum benefit payable to an eligible 
        recipient under sections 356.86 356.42 and 356.865 356.43 must 
        be divided by 12.  The result must be added to the monthly 
        annuity or benefit otherwise payable to an eligible recipient, 
        must become a permanent part of the benefit recipient's pension, 
        and must be included in any pension benefit subject to future 
        increases. 
           Sec. 4.  [INSTRUCTION TO REVISOR.] 
           The revisor of statutes shall replace the references to 
        Minnesota Statutes, section 356.55 with Minnesota Statutes, 
        section 356.551 in the following sections of Minnesota 
        Statutes:  352.275, subdivision 1; 352B.01, subdivision 3a; 
        353.01, subdivision 16a; 353.666; and 354.533. 
           Sec. 5.  [REPEALER.] 
           Laws 2001, First Special Session chapter 10, article 10, 
        section 1, is repealed. 
           Presented to the governor March 10, 2005 
           Signed by the governor March 14, 2005, 3:50 p.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