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

CHAPTER 212--H.F.No. 3488
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superseded provisions; making miscellaneous technical corrections to statutes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 3.736, subdivision
8; 13.322, subdivision 3, by adding a subdivision; 13.6905, by adding a
subdivision; 16B.85, subdivision 5; 45.011, subdivision 1; 62D.03, subdivision
4; 62D.30, subdivision 8; 62Q.19, subdivision 2; 82.50, subdivision 7; 97A.445,
subdivision 3; 103F.205, subdivision 1; 103G.293; 115A.0716, subdivision
3; 145A.09, subdivision 4; 168.187, subdivision 12; 169.781, subdivision 1;
253B.045, subdivision 2; 256.9831, subdivision 1; 256B.0917, subdivision 13;
256B.093, subdivision 3a; 256J.88; 260C.007, subdivision 6; 273.03, subdivision
3; 273.111, subdivision 3; 290.48, subdivision 10; 295.50, subdivision 10b;
297E.01, subdivision 8; 299A.292, subdivision 2; 299A.80, subdivision 1;
299C.091, subdivision 2; 349.12, subdivision 21; 353.27, subdivision 9; 353.33,
subdivision 1; 353.656, subdivision 8; 354.05, subdivision 13; 466.06; 581.02;
609.652, subdivision 2; 609.671, subdivision 1; 626.5572, subdivision 2;
Minnesota Statutes 2005 Supplement, sections 16C.33, subdivision 3; 116J.575,
subdivision 1; 138.17, subdivision 10; 144.225, subdivision 7; 144.335,
subdivision 1; 144.602, subdivision 1; 148B.60, subdivision 3; 148D.240,
subdivision 5; 168.128, subdivision 2; 168.33, subdivision 2; 169.18, subdivision
11; 216B.1612, subdivision 2; 237.763; 245C.15, subdivision 3; 256B.441,
subdivision 13; 270C.96; 289A.42, subdivision 1; 296A.22, subdivision 9;
325E.61, subdivision 5; 349.153; 357.021, subdivision 1a; 604A.33, subdivision
1; Laws 2005, chapter 20, article 2, section 1; Laws 2005, chapter 88, article 3,
section 10; Laws 2005, First Special Session chapter 6, article 3, section 95;
repealing Minnesota Statutes 2004, sections 155A.03, subdivision 11; 299J.061;
309.50, subdivision 8; 326.991, subdivision 2; Laws 2001, First Special Session
chapter 5, article 12, sections 31; 32; Laws 2005, chapter 156, article 5, section
20; Laws 2005, First Special Session chapter 4, article 5, section 14.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1
GENERAL PROVISIONS

    Section 1. Minnesota Statutes 2004, section 3.736, subdivision 8, is amended to read:
    Subd. 8. Liability insurance. A state agency, including an entity defined as a part of
the state in section 3.732, subdivision 1, clause (1), may procure insurance against liability
of the agency and its employees for damages resulting from the torts of the agency and
its employees. Procurement of the insurance is a waiver of the limits of governmental
liability under subdivisions 4 and 4a only to the extent that valid and collectible insurance,
including where applicable, proceeds from the Minnesota Guarantee Fund Insurance
Guaranty Association, exceeds those limits and covers the claim. Purchase of insurance
has no other effect on the liability of the agency and its employees. Procurement of
commercial insurance, participation in the risk management fund under section 16B.85,
or provisions of an individual self-insurance plan with or without a reserve fund or
reinsurance does not constitute a waiver of any governmental immunities or exclusions.

    Sec. 2. Minnesota Statutes 2004, section 16B.85, subdivision 5, is amended to read:
    Subd. 5. Risk management fund not considered insurance. A state agency,
including an entity defined as a part of the state in section 3.732, subdivision 1, clause
(1), may procure insurance against liability of the agency and its employees for damages
resulting from the torts of the agency and its employees. The procurement of this
insurance constitutes a waiver of the limits of governmental liability under section 3.736,
subdivisions 4 and 4a
, only to the extent that valid and collectible insurance, including
where applicable, proceeds from the Minnesota Guarantee Fund Insurance Guaranty
Association, exceeds those limits and covers the claim. Purchase of insurance has no
other effect on the liability of the agency and its employees. Procurement of commercial
insurance, participation in the risk management fund under this section, or provisions of
an individual self-insurance plan with or without a reserve fund or reinsurance does not
constitute a waiver of any governmental immunities or exclusions.

    Sec. 3. Minnesota Statutes 2004, section 45.011, subdivision 1, is amended to read:
    Subdivision 1. Scope. As used in chapters 45 to 83, 155A, 309, 332, 345, and 359,
and sections 325D.30 to 325D.42, 326.83 to 326.991, and 386.61 to 386.78, unless the
context indicates otherwise, the terms defined in this section have the meanings given
them.

    Sec. 4. Minnesota Statutes 2004, section 97A.445, subdivision 3, is amended to read:
    Subd. 3. Angling and spearing; disabled railroad and postal retirees. A license
is not required to take fish by angling or spearing for a resident that is:
(1) receiving aid under the federal Railroad Retirement Act of 1937 1974, United
States Code, title 45, section 228b(a)5 231a(a)(1)(v); or
(2) a former employee of the United States Postal Service receiving disability pay
under United States Code, title 5, section 8337.

    Sec. 5. Minnesota Statutes 2005 Supplement, section 138.17, subdivision 10, is
amended to read:
    Subd. 10. Optical image storage. (a) Any government record, including a record
with archival value, may be transferred to and stored on a nonerasable optical imaging
system and retained only in that format, if the requirements of this section are met.
(b) All documents preserved on nonerasable optical imaging systems must meet
standards for permanent records specified in section 15.17, subdivision 1, and must be
kept available for retrieval so long as any law requires. Standards under section 15.17,
subdivision 1
, may not be inconsistent with efficient use of optical imaging systems.
(c) A government entity storing a record on an optical imaging system shall create
and store a backup copy of the record at a site other than the site where the original is kept.
The government entity shall retain the backup copy and operable retrieval equipment so
long as any law requires the original to be retained. The backup copy required by this
paragraph must be preserved either (1) on a nonerasable optical imaging system; or (2) by
another reproduction method approved by the records disposition panel.
(d) All contracts for the purchase of optical imaging systems used pursuant to this
chapter shall contain terms that insure continued retrievability of the optically stored
images and conform to any guidelines that may be established by the Office of Enterprise
Technology of the Department of Administration for perpetuation of access to stored data.

    Sec. 6. Minnesota Statutes 2005 Supplement, section 168.128, subdivision 2, is
amended to read:
    Subd. 2. Plates. (a) A person who operates a limousine for other than personal use
shall register the motor vehicle as provided in this section.
(b) A person who operates a limousine for personal use may apply. The
commissioner shall issue limousine plates to the registered owner of a limousine who:
(1) certifies that an insurance policy under section 65B.13 65B.135 in an aggregate
amount of $300,000 per accident is in effect for the entire period of the registration;
(2) provides the commissioner with proof that the passenger automobile license tax
and a $10 fee have been paid for each limousine receiving limousine plates; and
(3) complies with this chapter and rules governing the registration of motor vehicles
and licensing of drivers.
(c) The limousine plates must be designed to specifically identify the vehicle as a
limousine and must be clearly marked with the letters "LM." Limousine plates may not be
transferred upon sale of the limousine, but may be transferred to another limousine owned
by the same person upon notifying the commissioner and paying a $5 transfer fee.

    Sec. 7. Minnesota Statutes 2004, section 168.187, subdivision 12, is amended to read:
    Subd. 12. Registration of proratable vehicles. (1) The commissioner of public
safety shall register proratable vehicles of a fleet upon application and payment of
registration fees as provided in subdivision 11. Payment of an additional fee for each
vehicle so registered may be required by the commissioner in an amount not to exceed $5
per motor powered vehicle, for issuance of a plate, sticker, or other suitable identification
for each vehicle. A registration card shall be issued for each vehicle registered, which
shall appropriately identify the vehicle for which it is issued. Such registration card shall
be carried in or upon the vehicle for which it has been issued, at all times, except that the
registration cards for all vehicles in a combination of vehicles may be carried in or upon
the vehicle supplying the motive power.
(2) Fleet vehicles registered as provided in (1) shall be deemed fully registered
in this state for any type of movement or operation, except that when a state grant of
authority is required for any movement or operation, no such vehicle shall be operated in
this state unless the owner or operator thereof has been granted authority or rights therefor
by the Public Utilities Commission state and unless said vehicle is being operated in
conformity with such authority or rights. No registration under this section shall excuse
the owner or operator of any vehicle from compliance with the laws of this state, except
those requiring registration and licensing.

    Sec. 8. Minnesota Statutes 2005 Supplement, section 168.33, subdivision 2, is
amended to read:
    Subd. 2. Deputy registrars. (a) The commissioner may appoint, and for cause
discontinue, a deputy registrar for any statutory or home rule charter city as the public
interest and convenience may require, without regard to whether the county auditor of
the county in which the city is situated has been appointed as the deputy registrar for the
county or has been discontinued as the deputy registrar for the county, and without regard
to whether the county in which the city is situated has established a county license bureau
that issues motor vehicle licenses as provided in section 373.32.
(b) The commissioner may appoint, and for cause discontinue, a deputy registrar
for any statutory or home rule charter city as the public interest and convenience may
require, if the auditor for the county in which the city is situated chooses not to accept
appointment as the deputy registrar for the county or is discontinued as a deputy registrar,
or if the county in which the city is situated has not established a county license bureau
that issues motor vehicle licenses as provided in section 373.32. The individual appointed
by the commissioner as a deputy registrar for any statutory or home rule charter city must
be a resident of the county in which the city is situated.
(c) The commissioner may appoint, and for cause discontinue, the county auditor of
each county as a deputy registrar.
(d) Despite any other provision, a person other than a county auditor or a director
of a county license bureau, who was appointed by the registrar before August 1, 1976,
as a deputy registrar for any statutory or home rule charter city, may continue to serve
as deputy registrar and may be discontinued for cause only by the commissioner. The
county auditor who appointed the deputy registrars is responsible for the acts of deputy
registrars appointed by the auditor.
(e) Each deputy, before entering upon the discharge of duties, shall take and
subscribe an oath to faithfully discharge the duties and to uphold the laws of the state.
(f) If a deputy registrar appointed under this subdivision is not an officer or employee
of a county or statutory or home rule charter city, the deputy shall in addition give bond to
the state in the sum of $10,000, or a larger sum as may be required by the commissioner,
conditioned upon the faithful discharge of duties as deputy registrar.
(g) Until January 1, 2012, a corporation governed by chapter 302A may be appointed
a deputy registrar. Upon application by an individual serving as a deputy registrar and
the giving of the requisite bond as provided in this subdivision, personally assured by the
individual or another individual approved by the commissioner, a corporation named in
an application then becomes the duly appointed and qualified successor to the deputy
registrar. The appointment of any corporation as a deputy registrar expires January 1, 2009
2012. The commissioner shall appoint an individual as successor to the corporation as a
deputy registrar. The commissioner shall appoint as the successor agent to a corporation
whose appointment expires under this paragraph an officer of the corporation if the officer
applies for appointment before July 1, 2009 2012.
(h) Each deputy registrar appointed under this subdivision shall keep and maintain
office locations approved by the commissioner for the registration of vehicles and the
collection of taxes and fees on vehicles.
(i) The deputy registrar shall keep records and make reports to the commissioner as
the commissioner requires. The records must be maintained at the offices of the deputy
registrar. The records and offices of the deputy registrar must at all times be open to the
inspection of the commissioner or the commissioner's agents. The deputy registrar shall
report to the commissioner by the next working day following receipt all registrations
made and taxes and fees collected by the deputy registrar.
(j) The filing fee imposed under subdivision 7 must be deposited in the treasury of
the place for which appointed or, if not a public official, a deputy shall retain the filing
fee, but the registration tax and any additional fees for delayed registration the deputy
registrar has collected the deputy registrar shall deposit by the next working day following
receipt in an approved state depository to the credit of the state through the commissioner
of finance. The place for which the deputy registrar is appointed through its governing
body must provide the deputy registrar with facilities and personnel to carry out the duties
imposed by this subdivision if the deputy is a public official. In all other cases, the deputy
shall maintain a suitable facility for serving the public.

    Sec. 9. Minnesota Statutes 2005 Supplement, section 169.18, subdivision 11, is
amended to read:
    Subd. 11. Passing parked emergency vehicle; citation; probable cause. (a) When
approaching and before passing an authorized emergency vehicle with its emergency
lights activated that is parked or otherwise stopped on or next to a street or highway having
two lanes in the same direction, the driver of a vehicle shall safely move the vehicle to the
lane farthest away from the emergency vehicle, if it is possible to do so.
(b) When approaching and before passing an authorized emergency vehicle with its
emergency lights activated that is parked or otherwise stopped on or next to a street or
highway having more than two lanes in the same direction, the driver of a vehicle shall
safely move the vehicle so as to leave a full lane vacant between the driver and any lane
in which the emergency vehicle is completely or partially parked or otherwise stopped,
if it is possible to do so.
(c) A peace officer may issue a citation to 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 subdivision within the four-hour period following the termination of the incident
or a receipt of a report under paragraph (d). The citation may be issued even though the
violation was not committed in the presence of the peace officer.
(d) Although probable cause may be otherwise satisfied by other evidentiary
elements or factors, probable cause is sufficient for purposes of this subdivision when the
person cited is operating the vehicle described by a member of the crew of an authorized
emergency vehicle responding to an incident in a timely report of the violation of this
subdivision, which includes a description of the vehicle used to commit the offense
and the vehicle's license plate number. For the purposes of issuance of a citation under
paragraph (c), "timely" means that the report must be made within a four-hour period
following the termination of the incident.
(e) For purposes of paragraphs (a) and (b) only, the terms "authorized emergency
vehicle" and "emergency vehicle" includes include a towing vehicle defined in section
169.01, subdivision 52, that has activated flashing lights authorized under section 169.64,
subdivision 3
, in addition to the vehicles described in the definition for "authorized
emergency vehicle" in section 169.01, subdivision 5.

    Sec. 10. Minnesota Statutes 2004, section 169.781, subdivision 1, is amended to read:
    Subdivision 1. Definitions. For purposes of sections 169.781 to 169.783:
(a) "Commercial motor vehicle" means:
(1) a commercial motor vehicle as defined in section 169.01, subdivision 75,
paragraph (a); and
(2) each vehicle in a combination of more than 26,000 pounds.
"Commercial motor vehicle" does not include (1) a school bus or Head Start bus displaying
a certificate under section 169.451, (2) a bus operated by the Metropolitan Council or by
a local transit commission created in chapter 458A, or (3) a motor vehicle with a gross
weight of not more than 26,000 pounds, carrying in bulk tanks a total of not more than
200 gallons of petroleum products or liquid fertilizer or pesticide that is required to be
placarded under Code of Federal Regulations, title 49, parts 100-185.
(b) "Commissioner" means the commissioner of public safety.
(c) "Owner" means a person who owns, or has control, under a lease of more than 30
days' duration, of one or more commercial motor vehicles.
(d) "Storage semitrailer" means a semitrailer that (1) is used exclusively to store
property at a location not on a street or highway, (2) does not contain any load when
moved on a street or highway, (3) is operated only during daylight hours, and (4) is marked
on each side of the semitrailer "storage only" in letters at least six inches high.
(e) "Building mover vehicle" means a vehicle owned or leased by a building mover
as defined in section 221.81, subdivision 1, paragraph (a), and used exclusively for
moving buildings.

    Sec. 11. Minnesota Statutes 2005 Supplement, section 216B.1612, subdivision 2,
is amended to read:
    Subd. 2. Definitions. (a) The terms used in this section have the meanings given
them in this subdivision.
(b) "C-BED tariff" or "tariff" means a community-based energy development tariff.
(c) "Qualifying owner" means:
(1) a Minnesota resident;
(2) a limited liability corporation company that is organized under the laws of this
state and that is made up of members who are Minnesota residents;
(3) a Minnesota nonprofit organization organized under chapter 317A;
(4) a Minnesota cooperative association organized under chapter 308A or 308B,
other than a rural electric cooperative association or a generation and transmission
cooperative;
(5) a Minnesota political subdivision or local government other than a municipal
electric utility or municipal power agency, including, but not limited to, a county, statutory
or home rule charter city, town, school district, or public or private higher education
institution or any other local or regional governmental organization such as a board,
commission, or association; or
(6) a tribal council.
(d) "Net present value rate" means a rate equal to the net present value of the
nominal payments to a project divided by the total expected energy production of the
project over the life of its power purchase agreement.
(e) "Standard reliability criteria" means:
(1) can be safely integrated into and operated within the utility's grid without causing
any adverse or unsafe consequences; and
(2) is consistent with the utility's resource needs as identified in its most recent
resource plan submitted under section 216B.2422.
(f) "Community-based energy project" or "C-BED project" means a new wind
energy project that:
(1) has no single qualifying owner owning more than 15 percent of a C-BED project
that consists of more than two turbines; or
(2) for C-BED projects of one or two turbines, is owned entirely by one or more
qualifying owners, with at least 51 percent of the total financial benefits over the life of the
project flowing to qualifying owners; and
(3) has a resolution of support adopted by the county board of each county in which
the project is to be located, or in the case of a project located within the boundaries of a
reservation, the tribal council for that reservation.

    Sec. 12. Minnesota Statutes 2004, section 253B.045, subdivision 2, is amended to read:
    Subd. 2. Facilities. Each county or a group of counties shall maintain or provide by
contract a facility for confinement of persons held temporarily for observation, evaluation,
diagnosis, treatment, and care. When the temporary confinement is provided at a regional
treatment center, the commissioner shall charge the county of financial responsibility for
the costs of confinement of persons hospitalized under section 253B.05, subdivisions 1
and 2
, and section 253B.07, subdivision 2b, except that the commissioner shall bill the
responsible health plan first. If the person has health plan coverage, but the hospitalization
does not meet the criteria in subdivision 6 or section 62M.07, 62Q.53, or 62Q.535, the
county is responsible. "County of financial responsibility" means the county in which the
person resides at the time of confinement or, if the person has no residence in this state, the
county which initiated the confinement. The charge shall be based on the commissioner's
determination of the cost of care pursuant to section 246.50, subdivision 5. When there is
a dispute as to which county is the county of financial responsibility, the county charged
for the costs of confinement shall pay for them pending final determination of the dispute
over financial responsibility. Disputes about the county of financial responsibility shall be
submitted to the commissioner to be settled in the manner prescribed in section 256G.09.

    Sec. 13. Minnesota Statutes 2004, section 260C.007, subdivision 6, is amended to read:
    Subd. 6. Child in need of protection or services. "Child in need of protection or
services" means a child who is in need of protection or services because the child:
(1) is abandoned or without parent, guardian, or custodian;
(2)(i) has been a victim of physical or sexual abuse, (ii) resides with or has resided
with a victim of domestic child abuse as defined in subdivision 5, (iii) resides with
or would reside with a perpetrator of domestic child abuse or child abuse as defined in
subdivision 5, or (iv) is a victim of emotional maltreatment as defined in subdivision 8;
(3) is without necessary food, clothing, shelter, education, or other required care
for the child's physical or mental health or morals because the child's parent, guardian,
or custodian is unable or unwilling to provide that care;
(4) is without the special care made necessary by a physical, mental, or emotional
condition because the child's parent, guardian, or custodian is unable or unwilling to
provide that care, including a child in voluntary placement due solely to the child's
developmental disability or emotional disturbance;
(5) is medically neglected, which includes, but is not limited to, the withholding of
medically indicated treatment from a disabled infant with a life-threatening condition. The
term "withholding of medically indicated treatment" means the failure to respond to the
infant's life-threatening conditions by providing treatment, including appropriate nutrition,
hydration, and medication which, in the treating physician's or physicians' reasonable
medical judgment, will be most likely to be effective in ameliorating or correcting all
conditions, except that the term does not include the failure to provide treatment other
than appropriate nutrition, hydration, or medication to an infant when, in the treating
physician's or physicians' reasonable medical judgment:
(i) the infant is chronically and irreversibly comatose;
(ii) the provision of the treatment would merely prolong dying, not be effective in
ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be
futile in terms of the survival of the infant; or
(iii) the provision of the treatment would be virtually futile in terms of the survival
of the infant and the treatment itself under the circumstances would be inhumane;
(6) is one whose parent, guardian, or other custodian for good cause desires to
be relieved of the child's care and custody, including a child in placement according to
voluntary release by the parent under section 260C.212, subdivision 8;
(7) has been placed for adoption or care in violation of law;
(8) is without proper parental care because of the emotional, mental, or physical
disability, or state of immaturity of the child's parent, guardian, or other custodian;
(9) is one whose behavior, condition, or environment is such as to be injurious or
dangerous to the child or others. An injurious or dangerous environment may include, but
is not limited to, the exposure of a child to criminal activity in the child's home;
(10) is experiencing growth delays, which may be referred to as failure to thrive, that
have been diagnosed by a physician and are due to parental neglect;
(11) has engaged in prostitution as defined in section 609.321, subdivision 9;
(12) has committed a delinquent act or a juvenile petty offense before becoming
ten years old;
(13) is a runaway;
(14) is a habitual truant; or
(15) has been found incompetent to proceed or has been found not guilty by reason
of mental illness or mental deficiency in connection with a delinquency proceeding, a
certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a
proceeding involving a juvenile petty offense; or
(16) has been found by the court to have committed domestic abuse perpetrated by
a minor under Laws 1997, chapter 239, article 10, sections 2 to 26, has been ordered
excluded from the child's parent's home by an order for protection/minor respondent, and
the parent or guardian is either unwilling or unable to provide an alternative safe living
arrangement for the child.

    Sec. 14. Minnesota Statutes 2005 Supplement, section 270C.96, is amended to read:
270C.96 REASSESSMENT; COMPENSATION; REIMBURSEMENT BY
COUNTIES.
The compensation of each special assessor and deputies, appointed under the
provisions of section 270C.94 and the expenses as such, shall be fixed by the commissioner
and paid out of money appropriated for operation of the department. The commissioner
on August 1 shall notify the auditor of each affected county of the amount thereof paid
on behalf of such county since August 1 of the preceding year, whereupon the county
auditor shall levy a tax upon the taxable property in the assessment district or districts
wherein such reassessment was made sufficient to pay the same. One-half of such tax
shall be levied in the year in which the commissioner so notifies the county auditor and the
remaining one-half shall be levied in the following year. The respective counties shall
reimburse the state by paying one-half of the tax so assessed on or before July 1 and the
remaining one-half on or before December 1 in the year in which the tax is payable by
owner, whether or not the tax was collected by the county. The reimbursement shall be
credited to the general fund. If any county fails to reimburse the state within the time
specified herein, the commissioner is empowered to order withholding of state aids or
distributions to such county equal to the amount delinquent.

    Sec. 15. Minnesota Statutes 2004, section 299A.292, subdivision 2, is amended to read:
    Subd. 2. Duties. (a) The commissioner shall:
(1) gather, develop, and make available throughout the state information and
educational materials on preventing and reducing violence in the family and in the
community, both directly and by serving as a clearinghouse for information and
educational materials from schools, state and local agencies, community service providers,
and local organizations;
(2) foster collaboration among schools, state and local agencies, community service
providers, and local organizations that assist in violence intervention or prevention;
(3) assist schools, state and local agencies, service providers, and organizations, on
request, with training and other programs designed to educate individuals about violence
and reinforce values that contribute to ending violence;
(4) after consulting with all state agencies involved in preventing or reducing
violence within the family or community, develop a statewide strategy for preventing and
reducing violence that encompasses the efforts of those agencies and takes into account all
money available for preventing or reducing violence from any source;
(5) submit the strategy to the governor by January 15 of each calendar year, along
with a summary of activities occurring during the previous year to prevent or reduce
violence experienced by children, young people, and their families;
(6) assist appropriate professional and occupational organizations, including
organizations of law enforcement officers, prosecutors, and educators, in developing and
operating informational and training programs to improve the effectiveness of activities to
prevent or reduce violence within the family or community; and
(7) take other actions deemed necessary to reduce the incidence of crime.
The commissioner also may, through this program, support activities and strategies of the
Criminal Gang Council and Strike Force Gang and Drug Oversight Council as specified in
sections 299A.64, 299A.65, and 299A.66 section 299A.641.
(b) The commissioner shall gather and make available information on prevention and
supply reduction activities throughout the state, foster cooperation among involved state
and local agencies, and assist agencies and public officials in training and other programs
designed to improve the effectiveness of prevention and supply reduction activities.
(c) The commissioner shall coordinate the distribution of funds received by the
state of Minnesota through the federal Anti-Drug Abuse Act. The commissioner shall
determine recipients of grants under section 299A.33, after consultation with the Chemical
Abuse Prevention Resource Council.
(d) The commissioner shall:
(1) after consultation with all state agencies involved in prevention or supply
reduction activities, develop a state chemical abuse and dependency strategy encompassing
the efforts of those agencies and taking into account all money available for prevention
and supply reduction activities, from any source;
(2) submit the strategy to the governor by January 15 of each year, along with a
summary of prevention and supply reduction activities during the preceding calendar year;
(3) assist appropriate professional and occupational organizations, including
organizations of law enforcement officers, prosecutors, and educators, in developing and
operating informational and training programs to improve the effectiveness of prevention
and supply reduction activities;
(4) provide information, including information on drug trends, and assistance to state
and local agencies, both directly and by functioning as a clearinghouse for information
from other agencies;
(5) facilitate cooperation among drug program agencies; and
(6) in coordination with the Chemical Abuse Prevention Resource Council, review,
approve, and coordinate the administration of prevention, criminal justice, and treatment
grants.

    Sec. 16. Minnesota Statutes 2004, section 299C.091, subdivision 2, is amended to read:
    Subd. 2. Entry of data into system. (a) A law enforcement agency may submit
data on an individual to the criminal gang investigative data system only if the agency
obtains and maintains the documentation required under this subdivision. Documentation
may include data obtained from other criminal justice agencies, provided that a record of
all of the documentation required under paragraph (b) is maintained by the agency that
submits the data to the bureau. Data maintained by a law enforcement agency to document
an entry in the system are confidential data on individuals as defined in section 13.02,
subdivision 3
, but may be released to criminal justice agencies.
(b) A law enforcement agency may submit data on an individual to the bureau for
inclusion in the system if the individual is 14 years of age or older and the agency has
documented that:
(1) the individual has met at least three of the criteria or identifying characteristics of
gang membership developed by the Criminal Gang and Drug Oversight Council under
section 299A.65 299A.641, subdivision 3, clause (7), as required by the council; and
(2) the individual has been convicted of a gross misdemeanor or felony or has been
adjudicated or has a stayed adjudication as a juvenile for an offense that would be a gross
misdemeanor or felony if committed by an adult.

    Sec. 17. Minnesota Statutes 2005 Supplement, section 325E.61, subdivision 5, is
amended to read:
    Subd. 5. Security assessments. Each government entity shall conduct a
comprehensive security assessment of any personal information maintained by the
government entity. For the purposes of this subdivision, personal information is defined
under section 325E.61, subdivision 1, paragraphs (e) and (f).

    Sec. 18. Minnesota Statutes 2004, section 466.06, is amended to read:
466.06 LIABILITY INSURANCE.
The governing body of any municipality may procure insurance against liability of
the municipality and its officers, employees, and agents for damages, including punitive
damages, resulting from its torts and those of its officers, employees, and agents, including
torts specified in section 466.03 for which the municipality is immune from liability. The
insurance may provide protection in excess of the limit of liability imposed by section
466.04. If a municipality other than a school district has the authority to levy taxes, the
premium costs for such insurance may be levied in excess of any per capita or local tax
rate tax limitation imposed by statute or charter. Any independent board or commission in
the municipality having authority to disburse funds for a particular municipal function
without approval of the governing body may similarly procure liability insurance with
respect to the field of its operation. The procurement of such insurance constitutes a
waiver of the limits of governmental liability under section 466.04 only to the extent that
valid and collectible insurance, including where applicable, proceeds from the Minnesota
Guarantee Fund Insurance Guaranty Association, exceeds those limits and covers the
claim. The purchase of insurance has no other effect on the liability of the municipality or
its employees. Procurement of commercial insurance, participation in a self-insurance
pool pursuant to section 471.981, or provision for an individual self-insurance plan with or
without a reserve fund or reinsurance shall not constitute a waiver of any governmental
immunities or exclusions.

    Sec. 19. Minnesota Statutes 2004, section 609.652, subdivision 2, is amended to read:
    Subd. 2. Criminal acts. (a) A person who does any of the following for
consideration and with intent to manufacture, sell, issue, publish, or pass more than one
fraudulent driver's license or identification card or to cause or permit any of the items listed
in clauses (1) to (5) to be used in forging or making more than one false or counterfeit
driver's license or identification card is guilty of a crime:
(1) has in control, custody, or possession any plate, block, press, stone, digital image,
computer software program, encoding equipment, computer optical scanning equipment,
or digital photo printer, or other implement, or any part of such an item, designed to assist
in making a fraudulent driver's license or identification card;
(2) engraves, makes, or amends, or begins to engrave, make, or amend, any plate,
block, press, stone, or other implement for the purpose of producing a fraudulent driver's
license or identification card;
(3) uses a photocopier, digital camera, photographic image, or computer software to
generate a fraudulent driver's license or identification card;
(4) has in control, custody, or possession or makes or provides paper or other
material adapted and designed for the making of a fraudulent driver's license or
identification card; or
(5) prints, photographs, or in any manner makes or executes an engraved photograph,
print, or impression purporting to be a driver's license or identification card.
(b) Notwithstanding section 171.22, a person who manufacturers manufactures or
possesses more than one fraudulent driver's license or identification card with intent to
sell is guilty of a crime.

    Sec. 20. Laws 2005, chapter 88, article 3, section 10, is amended to read:
    Sec. 10. SUBMISSION TO VOTERS.
The constitutional amendment proposed in section 12 9 must be presented to the
people at the 2006 general election. The question submitted must be:
"Shall the Minnesota Constitution be amended to dedicate revenue from a tax on the
sale of new and used motor vehicles over a five-year period, so that after June 30, 2011,
all of the revenue is dedicated at least 40 percent for public transit assistance and not
more than 60 percent for highway purposes?

Yes .......

No ......."

    Sec. 21. TRANSFER OF APPROPRIATIONS TO PROPER BILL LOCATION.
The appropriations for a statewide trauma system and family planning grants, found
in Laws 2005, First Special Session chapter 4, article 9, section 3, subdivision 3, are
transferred to Laws 2005, First Special Session chapter 4, article 9, section 3, subdivision
2. The subdivision totals remain the same.
EFFECTIVE DATE.This section is effective retroactively from July 1, 2005.

    Sec. 22. REVISOR'S INSTRUCTION; FARMED CERVIDAE.
The revisor of statutes shall change all references to section 17.451, subdivision 2, to
section 35.153, subdivision 3, in Minnesota Statutes and Minnesota Rules.

    Sec. 23. REVISOR'S INSTRUCTION; RECREATIONAL EQUIPMENT.
The revisor of statutes shall change the term "recreational equipment" to read
"recreational vehicle" or its plural, as appropriate, to conform to the terminology change
made in Laws 2005, First Special Session chapter 6, where the term appears in Minnesota
Statutes, sections 65B.49, 168.1296, 168.27, 168A.03, 168D.17, 169.80, and 325F.665.

    Sec. 24. REVISOR'S INSTRUCTION; RECODIFICATION.
The revisor of statutes shall recodify Minnesota Statutes, section 325E.61,
subdivision 5, as amended, as section 13.055, subdivision 6.

    Sec. 25. REVISOR'S INSTRUCTION; AFDC.
(a) The revisor of statutes shall change "AFDC" to "MFIP" in Minnesota Rules,
parts 3050.3100, subparts 1 and 3; 7620.0100, subpart 24; 9500.1219, subparts 2 and 6;
9500.1223, subpart 2; 9500.1231, subparts 4 and 6; 9500.1235; 9500.1251, subpart 2;
and 9530.7015, subpart 1.
(b) The revisor of statutes shall change "aid to families with dependent children" to
"the Minnesota family investment program," as appropriate, in Minnesota Rules, parts
3300.5040, subpart 4; 4900.3371, subparts 3 and 10; 9055.0020, subpart 6; 9500.1237,
subpart 8; 9530.7000, subpart 13; and 9535.4053.
(c) The revisor of statutes shall replace the words "aid to families with dependent
children (AFDC) or" with "the" in Minnesota Rules, part 4830.7100, subpart 5, item
D, and the words "AFDC program rules, part 9500.2440, subpart 7" with "MFIP
requirements in Minnesota Statutes, section 256J.08, subdivision 11" in Minnesota Rules,
part 9500.1206, subpart 18b.
(d) The revisor of statutes shall change "256.72 to 256.87" to "256J.01 to 256J.88"
in Minnesota Rules, part 4900.3371, subparts 3 and 10.

    Sec. 26. REPEALER.
    Subdivision 1. Obsolete Minnesota Cosmetology Advisory Council definition.
Minnesota Statutes 2004, section 155A.03, subdivision 11, is repealed.
    Subd. 2. Expired Pipeline Advisory Committee. Minnesota Statutes 2004, section
299J.061, is repealed.
    Subd. 3. Social and charitable solicitations; repeal of definition. Minnesota
Statutes 2004, section 309.50, subdivision 8, is repealed.
    Subd. 4. Minneapolis contractor licensing. Minnesota Statutes 2004, section
326.991, subdivision 2, is repealed.
    Subd. 5. Prospective amendments not effective. Laws 2001, First Special Session
chapter 5, article 12, sections 31; 32, are repealed.
    Subd. 6. Conflict; criminal juvenile justice policy group. Laws 2005, chapter
156, article 5, section 20, is repealed.
    Subd. 7. Conflict; state children and community services grant allocation.
Laws 2005, First Special Session chapter 4, article 5, section 14, is repealed retroactively
from July 1, 2005.

ARTICLE 2
DATA PRACTICES

    Section 1. Minnesota Statutes 2004, section 13.322, subdivision 3, is amended to read:
    Subd. 3. Higher Education Services Office. (a) General. Data sharing involving
the Higher Education Services Office and other institutions is governed by section sections
136A.05 and 136A.08, subdivision 8.
(b) Student financial aid. Data collected and used by the Higher Education Services
Office on applicants for financial assistance are classified under section 136A.162.
(c) Minnesota college savings plan data. Account owner data, account data, and
data on beneficiaries of accounts under the Minnesota college savings plan are classified
under section 136G.05, subdivision 10.
(d) School financial records. Financial records submitted by schools registering
with the Higher Education Services Office are classified under section 136A.64.
(e) Enrollment and financial aid data. Data collected from eligible institutions on
student enrollment and federal and state financial aid are governed by sections 136A.121,
subdivision 18, and 136A.1701, subdivision 11.

    Sec. 2. Minnesota Statutes 2004, section 13.322, is amended by adding a subdivision
to read:
    Subd. 5. Use of Social Security numbers. Certain restrictions on the use of Social
Security numbers are governed by section 325E.59.

    Sec. 3. Minnesota Statutes 2004, section 13.6905, is amended by adding a subdivision
to read:
    Subd. 17a. CIBRS data. Data relating to the Comprehensive Incident Based
Reporting System are governed by section 299C.40.

ARTICLE 3
CROSS-REFERENCES

    Section 1. Minnesota Statutes 2005 Supplement, section 16C.33, subdivision 3, is
amended to read:
    Subd. 3. Solicitation of qualifications or proposals. (a) Every user agency, except
the Capitol Area Architectural and Planning Board, shall submit a written request for a
design-builder for its project to the commissioner who shall forward the request to the
board, consistent with section 16B.33, subdivision 3a 3, paragraph (a). The University of
Minnesota shall follow the process in subdivision 4 to select design-builders for projects
that are subject to section 16B.33. The written request must include a description of the
project, the total project cost, a description of any special requirements or unique features
of the proposed project, and other information requested by the board which will assist the
board in carrying out its duties and responsibilities set forth in this section.
(b) A request for qualifications or proposals soliciting design-builders shall be
prepared for each design-build contract pursuant to subdivision 5 or 7. The request for
qualifications or proposals shall contain, at a minimum, the following elements:
(1) the identity of the agency for which the project will be built and that will award
the design-build contract;
(2) procedures for submitting qualifications or proposals, the criteria for evaluation
of qualifications or proposals and the relative weight for each criterion and subcriterion,
and the procedures for making awards according to the stated criteria and subcriteria,
including a reference to the requirements of this section;
(3) the proposed terms and conditions for the contract;
(4) the desired qualifications of the design-builder and the desired or permitted
areas of construction to be performed by named members of the design-build team, if
applicable. The primary designer shall be a named member of the design-build team;
(5) the schedule for commencement and completion of the project;
(6) any applicable budget limits for the project;
(7) the requirements for insurance and statutorily required performance and payment
bonds;
(8) the identification and location of any other information in the possession or
control of the agency that the user agency determines is material, which may include
surveys, soils reports, drawings or models of existing structures, environmental studies,
photographs, or references to public records;
(9) for a design-build design and price-based selection process, the request shall
also include the design criteria package, including the performance and technical
requirements for the project, and the functional and operational elements for the delivery
of the completed project. The request shall also contain a description of the drawings,
specifications, or other submittals to be included with the proposal, with guidance as to
the form and level of completeness of the drawings, specifications or submittals that will
be acceptable, and the stipend to be paid to the design-builders selected to submit the
above described information; and
(10) the criteria shall not impose unnecessary conditions beyond reasonable
requirements to ensure maximum participation of qualified design-builders. The criteria
shall not consider the collective bargaining status of the design-builder.
(c) Notice of requests for qualifications or proposals must be advertised in the State
Register.

    Sec. 2. Minnesota Statutes 2004, section 62D.03, subdivision 4, is amended to read:
    Subd. 4. Application requirements. Each application for a certificate of authority
shall be verified by an officer or authorized representative of the applicant, and shall be
in a form prescribed by the commissioner of health. Each application shall include the
following:
(a) a copy of the basic organizational document, if any, of the applicant and of
each major participating entity; such as the articles of incorporation, or other applicable
documents, and all amendments thereto;
(b) a copy of the bylaws, rules and regulations, or similar document, if any, and all
amendments thereto which regulate the conduct of the affairs of the applicant and of
each major participating entity;
(c) a list of the names, addresses, and official positions of the following:
(1) all members of the board of directors, or governing body of the local government
unit, and the principal officers and shareholders of the applicant organization; and
(2) all members of the board of directors, or governing body of the local government
unit, and the principal officers of the major participating entity and each shareholder
beneficially owning more than ten percent of any voting stock of the major participating
entity;
The commissioner may by rule identify persons included in the term "principal
officers";
(d) a full disclosure of the extent and nature of any contract or financial arrangements
between the following:
(1) the health maintenance organization and the persons listed in clause (c)(1);
(2) the health maintenance organization and the persons listed in clause (c)(2);
(3) each major participating entity and the persons listed in clause (c)(1) concerning
any financial relationship with the health maintenance organization; and
(4) each major participating entity and the persons listed in clause (c)(2) concerning
any financial relationship with the health maintenance organization;
(e) the name and address of each participating entity and the agreed upon duration of
each contract or agreement;
(f) a copy of the form of each contract binding the participating entities and the
health maintenance organization. Contractual provisions shall be consistent with the
purposes of sections 62D.01 to 62D.30, in regard to the services to be performed under the
contract, the manner in which payment for services is determined, the nature and extent
of responsibilities to be retained by the health maintenance organization, the nature and
extent of risk sharing permissible, and contractual termination provisions;
(g) a copy of each contract binding major participating entities and the health
maintenance organization. Contract information filed with the commissioner shall be
confidential and subject to the provisions of section 13.37, subdivision 1, clause (b), upon
the request of the health maintenance organization.
Upon initial filing of each contract, the health maintenance organization shall file
a separate document detailing the projected annual expenses to the major participating
entity in performing the contract and the projected annual revenues received by the entity
from the health maintenance organization for such performance. The commissioner
shall disapprove any contract with a major participating entity if the contract will result
in an unreasonable expense under section 62D.19. The commissioner shall approve or
disapprove a contract within 30 days of filing.
Within 120 days of the anniversary of the implementation of each contract, the
health maintenance organization shall file a document detailing the actual expenses
incurred and reported by the major participating entity in performing the contract in the
preceding year and the actual revenues received from the health maintenance organization
by the entity in payment for the performance;
(h) a statement generally describing the health maintenance organization, its health
maintenance contracts and separate health service contracts, facilities, and personnel,
including a statement describing the manner in which the applicant proposes to provide
enrollees with comprehensive health maintenance services and separate health services;
(i) a copy of the form of each evidence of coverage to be issued to the enrollees;
(j) a copy of the form of each individual or group health maintenance contract
and each separate health service contract which is to be issued to enrollees or their
representatives;
(k) financial statements showing the applicant's assets, liabilities, and sources of
financial support. If the applicant's financial affairs are audited by independent certified
public accountants, a copy of the applicant's most recent certified financial statement
may be deemed to satisfy this requirement;
(l) a description of the proposed method of marketing the plan, a schedule of
proposed charges, and a financial plan which includes a three-year projection of the
expenses and income and other sources of future capital;
(m) a statement reasonably describing the geographic area or areas to be served and
the type or types of enrollees to be served;
(n) a description of the complaint procedures to be utilized as required under section
62D.11;
(o) a description of the procedures and programs to be implemented to meet the
requirements of section 62D.04, subdivision 1, clauses (b) and (c) and to monitor the
quality of health care provided to enrollees;
(p) a description of the mechanism by which enrollees will be afforded an
opportunity to participate in matters of policy and operation under section 62D.06;
(q) a copy of any agreement between the health maintenance organization and an
insurer or nonprofit health service corporation regarding reinsurance, stop-loss coverage,
insolvency coverage, or any other type of coverage for potential costs of health services,
as authorized in sections 62D.04, subdivision 1, clause (f), 62D.05, subdivision 3, and
62D.13;
(r) a copy of the conflict of interest policy which applies to all members of the board
of directors and the principal officers of the health maintenance organization, as described
in section 62D.04, subdivision 1, paragraph (g). All currently licensed health maintenance
organizations shall also file a conflict of interest policy with the commissioner within 60
days after August 1, 1990, or at a later date if approved by the commissioner;
(s) a copy of the statement that describes the health maintenance organization's prior
authorization administrative procedures; and
(t) a copy of the agreement between the guaranteeing organization and the health
maintenance organization, as described in section 62D.043, subdivision 6; and
(u) other information as the commissioner of health may reasonably require to be
provided.

    Sec. 3. Minnesota Statutes 2004, section 62D.30, subdivision 8, is amended to read:
    Subd. 8. Rural demonstration project. (a) The commissioner may permit
demonstration projects to allow health maintenance organizations to extend coverage to a
health improvement and purchasing coalition located in rural Minnesota, comprised of
the health maintenance organization and members from a geographic area. For purposes
of this subdivision, rural is defined as greater Minnesota excluding the seven-county
metropolitan area of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
The coalition must be designed in such a way that members will:
(1) become better informed about health care trends and cost increases;
(2) be actively engaged in the design of health benefit options that will meet the
needs of their community;
(3) pool their insurance risk;
(4) purchase these products from the health maintenance organization involved in
the demonstration project; and
(5) actively participate in health improvement decisions for their community.
(b) The commissioner must consider the following when approving applications
for rural demonstration projects:
(1) the extent of consumer involvement in development of the project;
(2) the degree to which the project is likely to reduce the number of uninsured or to
maintain existing coverage; and
(3) a plan to evaluate and report to the commissioner and legislature as prescribed by
paragraph (e).
(c) For purposes of this subdivision, the commissioner must waive compliance with
the following statutes and rules: the cost-sharing restrictions under section 62D.095,
subdivisions 2, 3, and 4
, and Minnesota Rules, part 4685.0801, subparts 1 to 7; for a
period of at least two years, participation in government programs under section 62D.04,
subdivision 5
, in the counties of the demonstration project if that compliance would have
been required solely due to participation in the demonstration project and shall continue
to waive this requirement beyond two years if the enrollment in the demonstration
project is less than 10,000 enrollees; small employer marketing under section 62L.05,
subdivisions 1 to 3
; and small employer geographic premium variations under section
62L.08, subdivision 4. The commissioner shall approve enrollee cost-sharing features
desired by the coalition that appropriately share costs between employers, individuals,
and the health maintenance organization.
(d) The health maintenance organization may make the starting date of the project
contingent upon a minimum number of enrollees as cited in the application, provide
for an initial term of contract with the purchasers of a minimum of three years, and
impose a reasonable penalty for employers who withdraw early from the project. For
purposes of this subdivision, loss ratios are to be determined as if the policies issued under
this section are considered individual or small employer policies pursuant to section
62A.021, subdivision 1, paragraph (f). The health maintenance organization may consider
businesses of one to be a small employer under section 62L.02, subdivision 26. The
health maintenance organization may limit enrollment and establish enrollment criteria for
businesses of one. Health improvement and purchasing coalitions under this subdivision
are not associations under section 62L.045, subdivision 1, paragraph (a).
(e) The health improvement and purchasing coalition must report to the
commissioner and legislature annually on the progress of the demonstration project and, to
the extent possible, any significant findings in the criteria listed in clauses (1), (2), and (3)
for the final report. The coalition must submit a final report five years from the starting date
of the project. The final report must detail significant findings from the project and must
include, to the extent available, but should not be limited to, information on the following:
(1) the extent to which the project had an impact on the number of uninsured
in the project area;
(2) the effect on health coverage premiums for groups in the project's geographic
area, including those purchasing health coverage outside the health improvement and
purchasing coalition; and
(3) the degree to which health care consumers were involved in the development and
implementation of the demonstration project.
(f) The commissioner must limit the number of demonstration projects under this
subdivision to five projects.
(g) Approval of the application for the demonstration project is deemed to be
in compliance with sections 62E.03 and section 62E.06, subdivisions 1, paragraph (a),
2, and 3.
(h) Subdivisions 2 to 7 apply to demonstration projects under this subdivision.
Waivers permitted under subdivision 1 do not apply to demonstration projects under
this subdivision.
(i) If a demonstration project under this subdivision works in conjunction with a
purchasing alliance formed under chapter 62T, that chapter will apply to the purchasing
alliance except to the extent that chapter 62T is inconsistent with this subdivision.

    Sec. 4. Minnesota Statutes 2004, section 62Q.19, subdivision 2, is amended to read:
    Subd. 2. Application. (a) Any provider may apply to the commissioner for
designation as an essential community provider by submitting an application form
developed by the commissioner. Except as provided in paragraphs paragraph (d) and (e),
applications must be accepted within two years after the effective date of the rules adopted
by the commissioner to implement this section.
(b) Each application submitted must be accompanied by an application fee in an
amount determined by the commissioner. The fee shall be no more than what is needed to
cover the administrative costs of processing the application.
(c) The name, address, contact person, and the date by which the commissioner's
decision is expected to be made shall be classified as public data under section 13.41. All
other information contained in the application form shall be classified as private data
under section 13.41 until the application has been approved, approved as modified, or
denied by the commissioner. Once the decision has been made, all information shall be
classified as public data unless the applicant designates and the commissioner determines
that the information contains trade secret information.
(d) The commissioner shall accept an application for designation as an essential
community provider until June 30, 2004, from one applicant that is a nonprofit community
services agency certified as a medical assistance provider that provides mental health,
behavioral health, chemical dependency, employment, and health wellness services to
the underserved Spanish-speaking Latino families and individuals with locations in
Minneapolis and St. Paul.

    Sec. 5. Minnesota Statutes 2004, section 82.50, subdivision 7, is amended to read:
    Subd. 7. Interest bearing accounts. Notwithstanding the provisions of sections
82.17, 82.19 to 82.39, 82.41, and 82.42 this chapter, a real estate broker may establish and
maintain interest bearing accounts for the purpose of receiving deposits in accordance
with the provisions of section 504B.178.

    Sec. 6. Minnesota Statutes 2004, section 103F.205, subdivision 1, is amended to read:
    Subdivision 1. Applicability. The definitions in this section apply to sections
103F.201 to 103F.225 103F.221.

    Sec. 7. Minnesota Statutes 2004, section 103G.293, is amended to read:
103G.293 STATEWIDE DROUGHT PLAN.
The commissioner shall establish a plan to respond to drought-related emergencies
and to prepare a statewide framework for drought response. The plan must consider
metropolitan water supply plans of the Metropolitan Council prepared under section
473.156 473.1565. The plan must provide a framework for implementing drought
response actions in a staged approach related to decreasing levels of flows. Permits issued
under section 103G.271 must provide conditions on water appropriation consistent with
the drought response plan established by this section.

    Sec. 8. Minnesota Statutes 2004, section 115A.0716, subdivision 3, is amended to read:
    Subd. 3. Revolving account. All repayments of loans awarded under this
subdivision section, including principal and interest, must be credited to the environmental
fund. Money deposited in the fund under this section is annually appropriated to the
director for loans for purposes identified in subdivisions 1 and 2.

    Sec. 9. Minnesota Statutes 2005 Supplement, section 116J.575, subdivision 1, is
amended to read:
    Subdivision 1. Commissioner discretion. The commissioner may make a grant for
up to 50 percent of the eligible costs of a project. The determination of whether to make a
grant for a site is within the discretion of the commissioner, subject to this section and
sections 116J.571 to 116J.574 and available unencumbered money in the redevelopment
account. Notwithstanding section 116J.573, If the commissioner determines that the
applications for grants for projects in greater Minnesota are less than the amount of grant
funds available, the commissioner may make grants for projects anywhere in Minnesota.
The commissioner's decisions and application of the priorities under this section are not
subject to judicial review, except for abuse of discretion.

    Sec. 10. Minnesota Statutes 2005 Supplement, section 144.225, subdivision 7, is
amended to read:
    Subd. 7. Certified birth or death record. (a) The state or local registrar shall issue
a certified birth or death record or a statement of no vital record found to an individual
upon the individual's proper completion of an attestation provided by the commissioner:
(1) to a person who has a tangible interest in the requested vital record. A person
who has a tangible interest is:
(i) the subject of the vital record;
(ii) a child of the subject;
(iii) the spouse of the subject;
(iv) a parent of the subject;
(v) the grandparent or grandchild of the subject;
(vi) if the requested record is a death record, a sibling of the subject;
(vii) the party responsible for filing the vital record;
(viii) the legal custodian or guardian or conservator of the subject;
(ix) a personal representative, by sworn affidavit of the fact that the certified copy is
required for administration of the estate;
(x) a successor of the subject, as defined in section 524.1-201, if the subject is
deceased, by sworn affidavit of the fact that the certified copy is required for administration
of the estate;
(xi) if the requested record is a death record, a trustee of a trust by sworn affidavit of
the fact that the certified copy is needed for the proper administration of the trust;
(xii) a person or entity who demonstrates that a certified vital record is necessary for
the determination or protection of a personal or property right, pursuant to rules adopted
by the commissioner; or
(xiii) adoption agencies in order to complete confidential postadoption searches as
required by section 259.83;
(2) to any local, state, or federal governmental agency upon request if the certified
vital record is necessary for the governmental agency to perform its authorized duties.
An authorized governmental agency includes the Department of Human Services, the
Department of Revenue, and the United States Immigration and Naturalization Service;
(3) to an attorney upon evidence of the attorney's license;
(4) pursuant to a court order issued by a court of competent jurisdiction. For
purposes of this section, a subpoena does not constitute a court order; or
(5) to a representative authorized by a person under clauses (1) to (4).
(b) The state or local registrar shall also issue a certified death record to an
individual described in paragraph (a), clause (1), items (ii) to (vii) (viii), if, on behalf of
the individual, a licensed mortician furnishes the registrar with a properly completed
attestation in the form provided by the commissioner within 180 days of the time of
death of the subject of the death record. This paragraph is not subject to the requirements
specified in Minnesota Rules, part 4601.2600, subpart 5, item B.

    Sec. 11. Minnesota Statutes 2005 Supplement, section 144.335, subdivision 1, is
amended to read:
    Subdivision 1. Definitions. For the purposes of this section, the following terms
have the meanings given them:
(a) "Patient" means a natural person who has received health care services from a
provider for treatment or examination of a medical, psychiatric, or mental condition, the
surviving spouse and parents of a deceased patient, or a person the patient appoints in
writing as a representative, including a health care agent acting pursuant to chapter 145C,
unless the authority of the agent has been limited by the principal in the principal's health
care directive. Except for minors who have received health care services pursuant to
sections 144.341 to 144.347, in the case of a minor, patient includes a parent or guardian,
or a person acting as a parent or guardian in the absence of a parent or guardian.
(b) "Provider" means (1) any person who furnishes health care services and is
regulated to furnish the services pursuant to chapter 147, 147A, 147B, 147C, 147D, 148,
148B, 148C, 148D, 150A, 151, 153, or 153A, or Minnesota Rules, chapter 4666; (2) a
home care provider licensed under section 144A.46; (3) a health care facility licensed
pursuant to this chapter or chapter 144A; (4) a physician assistant registered under chapter
147A; and (5) an unlicensed mental health practitioner regulated pursuant to sections
148B.60 to 148B.71.
(c) "Individually identifiable form" means a form in which the patient is or can be
identified as the subject of the health records.

    Sec. 12. Minnesota Statutes 2005 Supplement, section 144.602, subdivision 1, is
amended to read:
    Subdivision 1. Applicability. For purposes of sections 144.601 144.602 to 144.608,
the terms defined in this section have the meanings given them.

    Sec. 13. Minnesota Statutes 2004, section 145A.09, subdivision 4, is amended to read:
    Subd. 4. Cities. A city that received a subsidy under section 145A.13 and that
meets the requirements of sections 145A.09 to 145A.131 is eligible for a local public
health grant under section 145A.131.

    Sec. 14. Minnesota Statutes 2005 Supplement, section 148B.60, subdivision 3, is
amended to read:
    Subd. 3. Unlicensed mental health practitioner or practitioner. "Unlicensed
mental health practitioner" or "practitioner" means a person who provides or purports to
provide, for remuneration, mental health services as defined in subdivision 4. It does not
include persons licensed by the Board of Medical Practice under chapter 147 or registered
by the Board of Medical Practice under chapter 147A; the Board of Nursing under sections
148.171 to 148.285; the Board of Psychology under sections 148.88 to 148.98; the Board
of Social Work under sections 148B.18 to 148B.289 chapter 148D; the Board of Marriage
and Family Therapy under sections 148B.29 to 148B.39; the Board of Behavioral Health
and Therapy under sections 148B.50 to 148B.593 and chapter 148C; or another licensing
board if the person is practicing within the scope of the license; members of the clergy
who are providing pastoral services in the context of performing and fulfilling the salaried
duties and obligations required of a member of the clergy by a religious congregation;
American Indian medicine men and women; licensed attorneys; probation officers; school
counselors employed by a school district while acting within the scope of employment
as school counselors; licensed occupational therapists; or licensed occupational therapy
assistants. For the purposes of complaint investigation or disciplinary action relating to an
individual practitioner, the term includes:
(1) persons employed by a program licensed by the commissioner of human services
who are acting as mental health practitioners within the scope of their employment;
(2) persons employed by a program licensed by the commissioner of human services
who are providing chemical dependency counseling services; persons who are providing
chemical dependency counseling services in private practice; and
(3) clergy who are providing mental health services that are equivalent to those
defined in subdivision 4.

    Sec. 15. Minnesota Statutes 2005 Supplement, section 148D.240, subdivision 5,
is amended to read:
    Subd. 5. Failure to report other applicants or licensees and unlicensed practice.
The board has grounds to take action under sections 148D.255 to 148.270 148D.270 when
an applicant or licensee fails to report to the board conduct:
(1) by another licensee or applicant which the applicant or licensee has reason to
believe may reasonably constitute grounds for disciplinary action under this section; or
(2) by an unlicensed person that constitutes the practice of social work when a
license is required to practice social work.

    Sec. 16. Minnesota Statutes 2005 Supplement, 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; or 237.60, subdivisions 1, 2, 4, and 5; 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. 17. Minnesota Statutes 2005 Supplement, section 245C.15, subdivision 3, is
amended to read:
    Subd. 3. Ten-year disqualification. (a) An individual is disqualified under section
245C.14 if: (1) less than ten years have passed since the discharge of the sentence imposed,
if any, for the offense; and (2) the individual has committed a gross misdemeanor-level
violation of any of the following offenses: sections 256.98 (wrongfully obtaining
assistance); 268.182 (false representation; concealment of facts); 393.07, subdivision 10,
paragraph (c) (federal Food Stamp Program fraud); 609.224 (assault in the fifth degree);
609.224, subdivision 2, paragraph (c) (assault in the fifth degree by a caregiver against a
vulnerable adult); 609.2242 and 609.2243 (domestic assault); 609.23 (mistreatment of
persons confined); 609.231 (mistreatment of residents or patients); 609.2325 (criminal
abuse of a vulnerable adult); 609.233 (criminal neglect of a vulnerable adult); 609.2335
(financial exploitation of a vulnerable adult); 609.234 (failure to report maltreatment of a
vulnerable adult); 609.265 (abduction); 609.275 (attempt to coerce); 609.324, subdivision
1a
(other prohibited acts; minor engaged in prostitution); 609.33 (disorderly house);
609.3451 (criminal sexual conduct in the fifth degree); 609.377 (malicious punishment of a
child); 609.378 (neglect or endangerment of a child); 609.446 609.466 (medical assistance
fraud); 609.52 (theft); 609.525 (bringing stolen goods into Minnesota); 609.527 (identity
theft); 609.53 (receiving stolen property); 609.535 (issuance of dishonored checks);
609.582 (burglary); 609.611 (insurance fraud); 609.631 (check forgery; offering a forged
check); 609.66 (dangerous weapons); 609.71 (riot); 609.72, subdivision 3 (disorderly
conduct against a vulnerable adult); repeat offenses under 609.746 (interference with
privacy); 609.749, subdivision 2 (harassment; stalking); repeat offenses under 617.23
(indecent exposure); 617.241 (obscene materials and performances); 617.243 (indecent
literature, distribution); 617.293 (harmful materials; dissemination and display to minors
prohibited); or violation of an order for protection under section 518B.01, subdivision 14.
(b) An individual is disqualified under section 245C.14 if less than ten years has
passed since the individual's aiding and abetting, attempt, or conspiracy to commit any
of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota
Statutes.
(c) An individual is disqualified under section 245C.14 if less than ten years has
passed since the discharge of the sentence imposed for an offense in any other state or
country, the elements of which are substantially similar to the elements of any of the
offenses listed in paragraph (a).
(d) If the defendant is convicted of one of the gross misdemeanors listed in
paragraph (a), but the sentence is a misdemeanor disposition, the individual is disqualified
but the disqualification lookback period for the conviction is the period applicable to
misdemeanors.
(e) When a disqualification is based on a judicial determination other than a
conviction, the disqualification period begins from the date of the court order. When a
disqualification is based on an admission, the disqualification period begins from the date
of an admission in court. When a disqualification is based on a preponderance of evidence
of a disqualifying act, the disqualification date begins from the date of the dismissal, the
date of discharge of the sentence imposed for a conviction for a disqualifying crime of
similar elements, or the date of the incident, whichever occurs last.

    Sec. 18. Minnesota Statutes 2004, section 256.9831, subdivision 1, is amended to read:
    Subdivision 1. Definition. For purposes of this section, "gambling establishment"
means a bingo hall licensed under section 349.164, a racetrack licensed under section
240.06 or 240.09, a casino operated under a tribal-state compact under section 3.9221,
or any other establishment that receives at least 50 percent of its gross revenue from
the conduct of gambling.

    Sec. 19. Minnesota Statutes 2004, section 256B.0917, subdivision 13, is amended to
read:
    Subd. 13. Community service grants. The commissioner shall award contracts
for grants to public and private nonprofit agencies to establish services that strengthen
a community's ability to provide a system of home and community-based services
for elderly persons. The commissioner shall use a request for proposal process. The
commissioner shall give preference when awarding grants under this section to areas
where nursing facility closures have occurred or are occurring. The commissioner shall
consider grants for:
(1) caregiver support and respite care projects under subdivision 6;
(2) on-site coordination under section 256.9731;
(3) (2) the living-at-home/block nurse grant under subdivisions 7 to 10; and
(4) (3) services identified as needed for community transition.

    Sec. 20. Minnesota Statutes 2004, section 256B.093, subdivision 3a, is amended to
read:
    Subd. 3a. Traumatic brain injury case management services. The annual
appropriation established under section 171.29, subdivision 2, paragraph (b), clause (5)
(c), shall be used for traumatic brain injury program services that include, but are not
limited to:
(1) collaborating with counties, providers, and other public and private organizations
to expand and strengthen local capacity for delivering needed services and supports,
including efforts to increase access to supportive residential housing options;
(2) participating in planning and accessing services not otherwise covered in
subdivision 3 to allow individuals to attain and maintain community-based services;
(3) providing information, referral, and case consultation to access health and human
services for persons with traumatic brain injury not eligible for medical assistance, though
direct access to this assistance may be limited due to the structure of the program; and
(4) collaborating on injury prevention efforts.

    Sec. 21. Minnesota Statutes 2005 Supplement, section 256B.441, subdivision 13,
is amended to read:
    Subd. 13. External fixed costs category. "External fixed costs category" means
costs related to the nursing home surcharge under section 256.9657, subdivision 1;
licensure fees under section 144.122; long-term care consultation fees under section
256B.0911, subdivision 6; family advisory council fee under section 144A.35 144A.33;
scholarships under section 256B.431, subdivision 36; planned closure rate adjustments
under section 256B.437; property taxes and property insurance; and PERA.

    Sec. 22. Minnesota Statutes 2004, section 256J.88, is amended to read:
256J.88 CHILD ONLY TANF PROGRAM.
Children who receive assistance under this chapter, in which the assistance unit
does not include a caregiver, but only includes a minor child, shall become part of the
program established under this section chapter.

    Sec. 23. Minnesota Statutes 2004, section 273.03, subdivision 3, is amended to read:
    Subd. 3. Applicability of other laws. All laws or parts of laws, now or hereafter
effective, not inconsistent with this section and sections 273.17, 274.04, 274.05, 275.28,
and 276.01, as amended, shall continue in full force and effect.

    Sec. 24. Minnesota Statutes 2004, section 273.111, subdivision 3, is amended to read:
    Subd. 3. Requirements. (a) Real estate consisting of ten acres or more or a nursery
or greenhouse, and qualifying for classification as class 1b, 2a, or 2b under section 273.13,
subdivision 23
, paragraph (d), shall be entitled to valuation and tax deferment under this
section only if it is primarily devoted to agricultural use, and meets the qualifications in
subdivision 6, and either:
(1) is the homestead of the owner, or of a surviving spouse, child, or sibling of the
owner or is real estate which is farmed with the real estate which contains the homestead
property; or
(2) has been in possession of the applicant, the applicant's spouse, parent, or sibling,
or any combination thereof, for a period of at least seven years prior to application for
benefits under the provisions of this section, or is real estate which is farmed with the
real estate which qualifies under this clause and is within four townships or cities or
combination thereof from the qualifying real estate; or
(3) is the homestead of a shareholder in a family farm corporation as defined in
section 500.24, notwithstanding the fact that legal title to the real estate may be held in the
name of the family farm corporation; or
(4) is in the possession of a nursery or greenhouse or an entity owned by a proprietor,
partnership, or corporation which also owns the nursery or greenhouse operations on
the parcel or parcels.
(b) Valuation of real estate under this section is limited to parcels the ownership of
which is in noncorporate entities except for:
(1) family farm corporations organized pursuant to section 500.24; and
(2) corporations that derive 80 percent or more of their gross receipts from the
wholesale or retail sale of horticultural or nursery stock.
Corporate entities who previously qualified for tax deferment pursuant to this section
and who continue to otherwise qualify under subdivisions 3 and 6 for a period of at least
three years following the effective date of Laws 1983, chapter 222, section 8, will not be
required to make payment of the previously deferred taxes, notwithstanding the provisions
of subdivision 9. Special assessments are payable at the end of the three-year period
or at time of sale, whichever comes first.
(c) Land that previously qualified for tax deferment under this section and no longer
qualifies because it is not primarily used for agricultural purposes but would otherwise
qualify under subdivisions 3 and 6 for a period of at least three years will not be required
to make payment of the previously deferred taxes, notwithstanding the provisions of
subdivision 9. Sale of the land prior to the expiration of the three-year period requires
payment of deferred taxes as follows: sale in the year the land no longer qualifies requires
payment of the current year's deferred taxes plus payment of deferred taxes for the two
prior years; sale during the second year the land no longer qualifies requires payment of
the current year's deferred taxes plus payment of the deferred taxes for the prior year; and
sale during the third year the land no longer qualifies requires payment of the current
year's deferred taxes. Deferred taxes shall be paid even if the land qualifies pursuant to
subdivision 11a. When such property is sold or no longer qualifies under this paragraph, or
at the end of the three-year period, whichever comes first, all deferred special assessments
plus interest are payable in equal installments spread over the time remaining until the last
maturity date of the bonds issued to finance the improvement for which the assessments
were levied. If the bonds have matured, the deferred special assessments plus interest
are payable within 90 days. The provisions of section 429.061, subdivision 2, apply
to the collection of these installments. Penalties are not imposed on any such special
assessments if timely paid.

    Sec. 25. Minnesota Statutes 2005 Supplement, section 289A.42, subdivision 1, is
amended to read:
    Subdivision 1. Extension agreement. If before the expiration of time prescribed in
sections 270C.58, subdivision 13 3, 289A.38, and 289A.40 for the assessment of tax or
the filing of a claim for refund, both the commissioner and the taxpayer have consented in
writing to the assessment or filing of a claim for refund after that time, the tax may be
assessed or the claim for refund filed at any time before the expiration of the agreed upon
period. The period may be extended by later agreements in writing before the expiration
of the period previously agreed upon. The taxpayer and the commissioner may also agree
to extend the period for collection of the tax.

    Sec. 26. Minnesota Statutes 2004, section 290.48, subdivision 10, is amended to read:
    Subd. 10. Presumptions where owner of large amount of cash is not identified.
(a) If the individual who is in physical possession of cash in excess of $10,000 does
not claim such cash, or does not claim it belongs to another person whose identity the
commissioner can readily ascertain and who acknowledges ownership of such cash, then,
for purposes of subdivisions 3 and 4 section 270C.36, it shall be presumed that the cash
represents gross income of a single individual for the taxable year in which the possession
occurs, and that the collection of tax will be jeopardized by delay.
(b) In the case of any assessment resulting from the application of clause (a), the
entire amount of the cash shall be treated as taxable income for the taxable year in which
the possession occurs, such income shall be treated as taxable at an eight percent rate, and
except as provided in clause (c), the possessor of the cash shall be treated (solely with
respect to the cash) as the taxpayer for purposes of this chapter and the assessment and
collection of the tax.
(c) If, after an assessment resulting from the application of clause (a), the assessment
is abated and replaced by an assessment against the owner of the cash, the later assessment
shall be treated for purposes of all laws relating to lien, levy, and collection as relating
back to the date of the original assessment.
(d) For purposes of this subdivision, the definitions contained in section 6867 of the
Internal Revenue Code shall apply.

    Sec. 27. Minnesota Statutes 2004, section 295.50, subdivision 10b, is amended to read:
    Subd. 10b. Regional treatment center. "Regional treatment center" means a
regional center as defined in section 253B.02, subdivision 18, and named in sections
252.025, subdivision 1; 253.015, subdivision 1; 253.201;, and 254.05.

    Sec. 28. Minnesota Statutes 2005 Supplement, section 296A.22, subdivision 9, is
amended to read:
    Subd. 9. Abatement of penalty. (a) The commissioner may by written order
abate any penalty imposed under this section, if in the commissioner's opinion there is
reasonable cause to do so.
(b) A request for abatement of penalty must be filed with the commissioner within
60 days of the date the notice stating that a penalty has been imposed was mailed to
the taxpayer's last known address.
(c) If the commissioner issues an order denying a request for abatement of penalty,
the taxpayer may file an administrative appeal as provided in section 296A.25 270C.35 or
appeal to Tax Court as provided in section 271.06. If the commissioner does not issue an
order on the abatement request within 60 days from the date the request is received, the
taxpayer may appeal to Tax Court as provided in section 271.06.

    Sec. 29. Minnesota Statutes 2004, section 297E.01, subdivision 8, is amended to read:
    Subd. 8. Gross receipts. "Gross receipts" means all receipts derived from lawful
gambling activity including, but not limited to, the following items:
(1) gross sales of bingo hard cards and paper sheets before reduction for prizes,
expenses, shortages, free plays, or any other charges or offsets;
(2) the ideal gross of pull-tab and tipboard deals or games less the value of unsold
and defective tickets and before reduction for prizes, expenses, shortages, free plays,
or any other charges or offsets;
(3) gross sales of raffle tickets and paddle tickets before reduction for prizes,
expenses, shortages, free plays, or any other charges or offsets;
(4) admission, commission, cover, or other charges imposed on participants in
lawful gambling activity as a condition for or cost of participation; and
(5) interest, dividends, annuities, profit from transactions, or other income derived
from the accumulation or use of gambling proceeds.
Gross receipts does not include proceeds from rental under section 349.164 or
349.18, subdivision 3.

    Sec. 30. Minnesota Statutes 2004, section 299A.80, subdivision 1, is amended to read:
    Subdivision 1. Definitions. (a) For purposes of sections 299A.80 to 299A.802, the
terms defined in this subdivision have the meanings given them.
(b) "Administrative agent" means a person or entity licensed by or granted authority
by the commissioner of public safety under:
(1) section 168.33 as a deputy registrar; or
(2) section 168C.11 as a deputy registrar of bicycles; or
(3) section 171.061 as a driver's license agent.
(c) "Other authority" means licenses, orders, stipulation agreements, settlements, or
compliance agreements adopted or issued by the commissioner of public safety.
(d) "Commissioner" means the commissioner of public safety.
(e) "License" means a license, permit, registration, appointment, or certificate issued
or granted to an administrative agent by the commissioner of public safety.

    Sec. 31. Minnesota Statutes 2004, section 349.12, subdivision 21, is amended to read:
    Subd. 21. Gross receipts. "Gross receipts" means all receipts derived from lawful
gambling activity including, but not limited to, the following items:
(1) gross sales of bingo hard cards and paper sheets before reduction for prizes,
expenses, shortages, free plays, or any other charges or offsets;
(2) the ideal gross of pull-tab and tipboard deals or games less the value of unsold
and defective tickets and before reduction for prizes, expenses, shortages, free plays,
or any other charges or offsets;
(3) gross sales of raffle tickets and paddletickets before reduction for prizes,
expenses, shortages, free plays, or any other charges or offsets;
(4) admission, commission, cover, or other charges imposed on participants in
lawful gambling activity as a condition for or cost of participation; and
(5) interest, dividends, annuities, profit from transactions, or other income derived
from the accumulation or use of gambling proceeds.
Gross receipts does not include proceeds from rental under section 349.164 or
349.18, subdivision 3.

    Sec. 32. Minnesota Statutes 2005 Supplement, section 349.153, is amended to read:
349.153 CONFLICT OF INTEREST.
(a) A person may not serve on the board, be the director, or be an employee of the
board who has an interest in any corporation, association, limited liability company, or
partnership that is licensed by the board as a distributor, or manufacturer, or linked bingo
game provider under section 349.164.
(b) A member of the board, the director, or an employee of the board may not
accept employment with, receive compensation directly or indirectly from, or enter into a
contractual relationship with an organization that conducts lawful gambling, a distributor,
a linked bingo game provider, or a manufacturer while employed with or a member of the
board or within one year after terminating employment with or leaving the board.
(c) A distributor, manufacturer, linked bingo game provider, or organization licensed
to conduct lawful gambling may not hire a former employee, director, or member of
the Gambling Control Board for one year after the employee, director, or member has
terminated employment with or left the Gambling Control Board.

    Sec. 33. Minnesota Statutes 2004, section 353.27, subdivision 9, is amended to read:
    Subd. 9. Fee officers; contributions; obligations of employers. Any appointed
or elected officer of a governmental subdivision who was or is a "public employee"
within the meaning of section 353.01 and was or is a member of the fund and whose
salary was or is paid in whole or in part from revenue derived by fees and assessments,
shall pay employee contribution in the amount, at the time, and in the manner provided
in subdivisions 2 and 4. This subdivision shall not apply to district court reporters.
The employer contribution as provided in subdivision 3, and the additional employer
contribution as provided in subdivision 3a, and section 353.36, subdivision 2a, with
respect to such service shall be paid by the governmental subdivision. This subdivision
shall have both retroactive and prospective application as to all such members; and every
employing governmental subdivision is deemed liable, retroactively and prospectively, for
all employer and additional employer contributions for every such member in its employ.
Delinquencies under this section shall be governed in all respects by section 353.28.

    Sec. 34. Minnesota Statutes 2004, section 353.33, subdivision 1, is amended to read:
    Subdivision 1. Age, service, and salary requirements. A coordinated member
who has at least three years of allowable service and becomes totally and permanently
disabled before normal retirement age, and a basic member who has at least three years
of allowable service and who becomes totally and permanently disabled is entitled to a
disability benefit in an amount under subdivision 3. If the disabled person's public service
has terminated at any time, at least two of the required three years of allowable service
must have been rendered after last becoming a member. A repayment of a refund must be
made within six months after the effective date of disability benefits under subdivision 2
or within six months after the date of the filing of the disability application, whichever is
later. No purchase of prior service or payment made in lieu of salary deductions otherwise
authorized under section 353.01, subdivision 16, or 353.017, subdivision 4, or 353.36,
subdivision 2
, may be made after the occurrence of the disability for which an application
under this section is filed.

    Sec. 35. Minnesota Statutes 2004, section 353.656, subdivision 8, is amended to read:
    Subd. 8. Application procedure to determine eligibility for police and fire plan
disability benefits. (a) An application for disability benefits must be made in writing on a
form or forms prescribed by the executive director.
(b) If an application for disability benefits is filed within two years of the date of the
injury or the onset of the illness that gave rise to the disability application, the application
must be supported by evidence that the applicant is unable to perform the duties of the
position held by the applicant on the date of the injury or the onset of the illness causing
the disability. The employer must provide evidence indicating whether the applicant is
able or unable to perform the duties of the position held on the date of the injury or onset
of illness causing the disability and the specifications of any duties that the individual can
or cannot perform.
(c) If an application for disability benefits is filed more than two years after the date
of the injury or the onset of an illness causing the disability, the application must be
supported by evidence that the applicant is unable to perform the most recent duties that
are expected to be performed by the applicant during the 90 days before the filing of the
application. The employer must provide evidence of the duties that are expected to be
performed by the applicant during the 90 days before the filing of the application, whether
the applicant can or cannot perform those duties overall, and the specifications of any
duties that the applicant can or cannot perform.
(d) Unless otherwise permitted by law, no application for disability benefits can be
filed by a former member of the police and fire plan more than three years after the former
member has terminated from Public Employees Retirement Association police and fire
plan covered employment. If an application is filed within three years after the termination
of public employment, the former member must provide evidence that the disability is the
direct result of an injury or the contracting of an illness that occurred while the person was
still actively employed and participating in the police and fire plan.
(e) Any application for duty-related disability must be supported by a first report of
injury as defined in section 176.231.
(f) If a member who has applied for and been approved for disability benefits before
the termination of service does not terminate service or is not placed on an authorized
leave of absence as certified by the governmental subdivision within 45 days following
the date on which the application is approved, the application shall be canceled. If an
approved application for disability benefits has been canceled, a subsequent application
for disability benefits may not be filed on the basis of the same medical condition for a
minimum of one year from the date on which the previous application was canceled.
(g) An applicant may file a retirement application under section 353.29, subdivision
4
, at the same time as the disability application is filed. If the disability application is
approved, the retirement application is canceled. If the disability application is denied, the
retirement application must be initiated and processed upon the request of the applicant. A
police and fire fund member may not receive a disability benefit and a retirement annuity
from the police and fire fund at the same time.
(h) A repayment of a refund must be made within six months after the effective date
of disability benefits or within six months after the date of the filing of the disability
application, whichever is later. No purchase of prior service or payment made in lieu of
salary deductions otherwise authorized under section 353.01 or 353.36, subdivision 2,
may be made after the occurrence of the disability for which an application is filed
under this section.

    Sec. 36. Minnesota Statutes 2004, section 354.05, subdivision 13, is amended to read:
    Subd. 13. Allowable service. "Allowable service" means:
(1) Any service rendered by a teacher for which on or before July 1, 1957, the
teacher's account in the retirement fund was credited by reason of employee contributions
in the form of salary deductions, payments in lieu of salary deductions, or in any other
manner authorized by Minnesota Statutes 1953, sections 135.01 to 135.13, as amended by
Laws 1955, chapters 361, 549, 550, 611, or
(2) Any service rendered by a teacher for which on or before July 1, 1961, the
teacher elected to obtain credit for service by making payments to the fund pursuant to
Minnesota Statutes 1980, section 354.09 and section 354.51, or
(3) Any service rendered by a teacher after July 1, 1957, for any calendar month
when the member receives salary from which deductions are made, deposited and credited
in the fund, or
(4) Any service rendered by a person after July 1, 1957, for any calendar month
where payments in lieu of salary deductions are made, deposited and credited into the
fund as provided in Minnesota Statutes 1980, section 354.09, subdivision 4, and section
354.53, or
(5) Any service rendered by a teacher for which the teacher elected to obtain
credit for service by making payments to the fund pursuant to Minnesota Statutes 1980,
section 354.09, subdivisions 1 and 4, sections 354.50, 354.51, Minnesota Statutes 1957,
section 135.41, subdivision 4, Minnesota Statutes 1971, section 354.09, subdivision 2, or
Minnesota Statutes, 1973 Supplement, section 354.09, subdivision 3, or
(6) Both service during years of actual membership in the course of which
contributions were currently made and service in years during which the teacher was not a
member but for which the teacher later elected to obtain credit by making payments to the
fund as permitted by any law then in effect, or
(7) Any service rendered where contributions were made and no allowable service
credit was established because of the limitations contained in Minnesota Statutes 1957,
section 135.09, subdivision 2, as determined by the ratio between the amounts of money
credited to the teacher's account in a fiscal year and the maximum retirement contribution
allowable for that year, or
(8) MS 2002 (Expired)
(9) A period of time during which a teacher who is a state employee was on strike
without pay, not to exceed a period of one year, if the teacher makes a payment in lieu of
salary deductions or makes a prior service credit purchase payment, whichever applies. If
the payment is made within 12 months, the payment by the teacher must be an amount
equal to the employee and employer contribution rates set forth in section 354.42,
subdivisions 2 and 3
, applied to the teacher's rate of salary in effect on the conclusion of
the strike for the period of the strike without pay, plus compound interest at a monthly rate
of 0.71 percent from the last day of the strike until the date of payment. If the payment by
the employee is not made within 12 months, the payment must be in an amount equal to
the payment amount determined under section 356.55 or 356.551, whichever applies.

    Sec. 37. Minnesota Statutes 2005 Supplement, section 357.021, subdivision 1a,
is amended to read:
    Subd. 1a. Transmittal of fees to commissioner of finance. (a) Every person,
including the state of Minnesota and all bodies politic and corporate, who shall transact
any business in the district court, shall pay to the court administrator of said court the
sundry fees prescribed in subdivision 2. Except as provided in paragraph (d), the court
administrator shall transmit the fees monthly to the commissioner of finance for deposit in
the state treasury and credit to the general fund. $30 of each fee collected in a dissolution
action under subdivision 2, clause (1), must be deposited by the commissioner of finance
in the special revenue fund and is appropriated to the commissioner of employment and
economic development for the displaced homemaker program under section 116L.96.
(b) In a county which has a screener-collector position, fees paid by a county
pursuant to this subdivision shall be transmitted monthly to the county treasurer, who
shall apply the fees first to reimburse the county for the amount of the salary paid for the
screener-collector position. The balance of the fees collected shall then be forwarded to
the commissioner of finance for deposit in the state treasury and credited to the general
fund. In a county in a judicial district under section 480.181, subdivision 1, paragraph
(b), which has a screener-collector position, the fees paid by a county shall be transmitted
monthly to the commissioner of finance for deposit in the state treasury and credited to the
general fund. A screener-collector position for purposes of this paragraph is an employee
whose function is to increase the collection of fines and to review the incomes of potential
clients of the public defender, in order to verify eligibility for that service.
(c) No fee is required under this section from the public authority or the party the
public authority represents in an action for:
(1) child support enforcement or modification, medical assistance enforcement, or
establishment of parentage in the district court, or in a proceeding under section 484.702;
(2) civil commitment under chapter 253B;
(3) the appointment of a public conservator or public guardian or any other action
under chapters 252A and 525;
(4) wrongfully obtaining public assistance under section 256.98 or 256D.07, or
recovery of overpayments of public assistance;
(5) court relief under chapter 260 chapters 260, 260A, 260B, and 260C;
(6) forfeiture of property under sections 169A.63 and 609.531 to 609.5317;
(7) recovery of amounts issued by political subdivisions or public institutions under
sections 246.52, 252.27, 256.045, 256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37,
260B.331, and 260C.331, or other sections referring to other forms of public assistance;
(8) restitution under section 611A.04; or
(9) actions seeking monetary relief in favor of the state pursuant to section 16D.14,
subdivision 5
.
(d) $20 from each fee collected for child support modifications under subdivision 2,
clause (13), must be transmitted to the county treasurer for deposit in the county general
fund and $35 from each fee shall be credited to the state general fund. The fees must be
used by the county to pay for child support enforcement efforts by county attorneys.

    Sec. 38. Minnesota Statutes 2004, section 581.02, is amended to read:
581.02 APPLICATION, CERTAIN SECTIONS.
The provisions of sections 580.08, 580.09, 580.12, 580.16, 580.22, 580.25, and
580.27, so far as they relate to the form of the certificate of sale, shall apply to and govern
the foreclosure of mortgages by action.

    Sec. 39. Minnesota Statutes 2005 Supplement, section 604A.33, subdivision 1, is
amended to read:
    Subdivision 1. Application. This section applies to residential treatment programs
for children or group homes for children licensed under chapter 245A, residential services
and programs for juveniles licensed under section 241.021, providers licensed pursuant
to sections 144A.01 to 144A.33 or sections 144A.43 to 144A.48 144A.47, personal care
provider organizations under section 256B.0655, subdivision 1g, providers of day training
and habilitation services under sections 252.40 to 252.46, board and lodging facilities
licensed under chapter 157, intermediate care facilities for persons with mental retardation
or related conditions, and other facilities licensed to provide residential services to persons
with developmental disabilities.

    Sec. 40. Minnesota Statutes 2004, section 609.671, subdivision 1, is amended to read:
    Subdivision 1. Definitions. The definitions in this subdivision apply to this section.
(a) "Agency" means the Pollution Control Agency.
(b) "Deliver" or "delivery" means the transfer of possession of hazardous waste, with
or without consideration.
(c) "Dispose" or "disposal" has the meaning given it in section 115A.03, subdivision
9
.
(d) "Hazardous air pollutant" means an air pollutant listed under United States
Code, title 42, section 7412(b).
(e) "Hazardous waste" means any waste identified as hazardous under the authority
of section 116.07, subdivision 4, except for those wastes exempted under Minnesota
Rules, part 7045.0120, wastes generated under Minnesota Rules, part 7045.0213 or
7045.0304, and household appliances.
(f) "Permit" means a permit issued by the Pollution Control Agency under chapter
115 or 116 or the rules promulgated under those chapters including interim status for
hazardous waste facilities.
(g) "Solid waste" has the meaning given in section 116.06, subdivision 22.
(h) "Toxic pollutant" means a toxic pollutant on the list established under United
States Code, title 33, section 1317.

    Sec. 41. Minnesota Statutes 2004, section 626.5572, subdivision 2, is amended to read:
    Subd. 2. Abuse. "Abuse" means:
(a) An act against a vulnerable adult that constitutes a violation of, an attempt to
violate, or aiding and abetting a violation of:
(1) assault in the first through fifth degrees as defined in sections 609.221 to 609.224;
(2) the use of drugs to injure or facilitate crime as defined in section 609.235;
(3) the solicitation, inducement, and promotion of prostitution as defined in section
609.322; and
(4) criminal sexual conduct in the first through fifth degrees as defined in sections
609.342 to 609.3451.
A violation includes any action that meets the elements of the crime, regardless of
whether there is a criminal proceeding or conviction.
(b) Conduct which is not an accident or therapeutic conduct as defined in this
section, which produces or could reasonably be expected to produce physical pain or
injury or emotional distress including, but not limited to, the following:
(1) hitting, slapping, kicking, pinching, biting, or corporal punishment of a
vulnerable adult;
(2) use of repeated or malicious oral, written, or gestured language toward a
vulnerable adult or the treatment of a vulnerable adult which would be considered by a
reasonable person to be disparaging, derogatory, humiliating, harassing, or threatening;
(3) use of any aversive or deprivation procedure, unreasonable confinement, or
involuntary seclusion, including the forced separation of the vulnerable adult from other
persons against the will of the vulnerable adult or the legal representative of the vulnerable
adult; and
(4) use of any aversive or deprivation procedures for persons with developmental
disabilities or related conditions not authorized under section 245.825.
(c) Any sexual contact or penetration as defined in section 609.341, between a
facility staff person or a person providing services in the facility and a resident, patient,
or client of that facility.
(d) The act of forcing, compelling, coercing, or enticing a vulnerable adult against
the vulnerable adult's will to perform services for the advantage of another.
(e) For purposes of this section, a vulnerable adult is not abused for the sole reason
that the vulnerable adult or a person with authority to make health care decisions for
the vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C or 252A, or
section 253B.03 or 525.539 to 525.6199 524.5-313, refuses consent or withdraws consent,
consistent with that authority and within the boundary of reasonable medical practice, to
any therapeutic conduct, including any care, service, or procedure to diagnose, maintain,
or treat the physical or mental condition of the vulnerable adult or, where permitted under
law, to provide nutrition and hydration parenterally or through intubation. This paragraph
does not enlarge or diminish rights otherwise held under law by:
(1) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an
involved family member, to consent to or refuse consent for therapeutic conduct; or
(2) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct.
(f) For purposes of this section, a vulnerable adult is not abused for the sole reason
that the vulnerable adult, a person with authority to make health care decisions for the
vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means
or prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu
of medical care, provided that this is consistent with the prior practice or belief of the
vulnerable adult or with the expressed intentions of the vulnerable adult.
(g) For purposes of this section, a vulnerable adult is not abused for the sole reason
that the vulnerable adult, who is not impaired in judgment or capacity by mental or
emotional dysfunction or undue influence, engages in consensual sexual contact with:
(1) a person, including a facility staff person, when a consensual sexual personal
relationship existed prior to the caregiving relationship; or
(2) a personal care attendant, regardless of whether the consensual sexual personal
relationship existed prior to the caregiving relationship.

    Sec. 42. Laws 2005, chapter 20, article 2, section 1, is amended to read:
Section 1. TABLE OF ORIGINAL AND ADJUSTED AUTHORIZATIONS.
Column A lists the citation to each law authorizing general obligation bonds since
Laws 1983, chapter 323, section 6, to which a further adjustment is being made in this
section.
The original authorization amount in each law is shown in column B opposite the
citation of the law it appears in.
The original authorization amount in column B is hereby adjusted to the amount
shown in column C. The adjustments resulting in the column C amount reflect specific
changes to an authorization in law, executive vetoes sustained or not challenged,
administrative action reflecting cancellation and abandonment of all or the unused balance
from specific projects for which the proceeds of authorized bonds were intended to be
used, and other action pursuant to law resulting in the adjusted authorizations shown
in column C. The amounts shown in column C are validated as the lawful adjusted
authorization for the cited law as of February 1, 2005, for all purposes for which the
authorization is required or used.

Column A
Column B
Column C

L 1983, c 323, s 6
$ 30,000,000
$ 29,935,000

L 1987, c 400, s 25, subd 1
370,972,200
369,560,500

L 1987, c 400, s 25, subd 5
66,747,000
66,740,000

L 1989, c 300, art 1, s 23, subd 1
142,585,000
135,060,000

L 1991, c 354, art 11, s 2, subd 1
12,000,000
11,360,000

L 1992, c 558, s 28, subd 1
231,695,000
219,085,000

L 1992, c 558, s 28, subd 3
17,500,000
17,368,000

L 1993, c 373, s 19, subd 1
54,640,000
53,355,000

L 1993, c 373, s 19, subd 2
9,900,000
9,480,000

L 1994, c 643, s 31, subd 1
573,385,000
564,650,523

L 1994, c 643, s 31, subd 2
45,000,000
34,820,000

L 1995, 1SS c 2, art 1, s 14, subd 1
5,630,000
5,590,000

L 1996, c 463, s 27, subd 1
597,110,000
549,302,898

L 1997, c 246, s 10, subd 1
86,625,000
86,192,000

L 1997, 2SS c 2, s 12
55,305,000
38,308,054

L 1998, c 404, s 27, subd 1
463,795,000
104,478,674

L 1999, c 240, art 1, s 13, subd 1
139,510,000
111,905,000

L 1999, c 240, art 1, s 13, subd 2
10,440,000
- 0 -

L 1999, c 240, art 2, s 16, subd 1
372,400,000
367,418,000

L 2000, c 492, art 1, s 26, subd 1
426,870,000
487,730,000

L 2001, 1SS c 12, s 11, subd 1
99,205,000
98,205,000

L 2002, c 393, s 30, subd 1
920,235,000
567,312,000

    Sec. 43. Laws 2005, First Special Session chapter 6, article 3, section 95, is amended
to read:
    Sec. 95. REMEDIATION FOR CONVICTIONS.
    A court in which a conviction for an offense referred to in section 101 93 occurred,
must vacate the conviction, on its own motion, without cost to the person convicted, and
must immediately notify the commissioner of public safety. The commissioner must then
notify the person convicted that the conviction has been vacated and that the person's
driving record has been purged of a violation of Minnesota Statutes, section 169.796,
subdivision 3, or any other related suspension or violation, including driving after license
suspension, for failure to comply with that subdivision.
Presented to the governor May 15, 2006
Signed by the governor May 18, 2006, 7:15 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