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1985 Minnesota Session Laws

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                         Laws of Minnesota 1985 

                        CHAPTER 248-S.F.No. 1363
           An act relating to Minnesota Statutes; correcting 
          erroneous, ambiguous, omitted, and obsolete references 
          and text; eliminating certain redundant, conflicting, 
          and superseded provisions; reenacting certain laws; 
          providing instructions to the revisor; amending 
          Minnesota Statutes 1984, sections 3C.12, subdivision 
          2; 8.31, subdivision 2; 13.37, subdivision 2; 14.47, 
          subdivision 8; 16A.065; 16A.133, subdivision 1; 
          16B.64, subdivision 2; 21.92; 35.09, subdivision 1; 
          42.09, subdivision 9; 46.046, subdivision 1; 47.101, 
          subdivisions 2 and 3; 47.29, subdivision 1; 47.30, 
          subdivisions 2 and 3; 47.51; 48.89, subdivision 1; 
          60A.03, subdivision 2; 62D.04, subdivision 1; 62D.041, 
          subdivision 5; 62D.09; 62H.06; 83.23, subdivision 3; 
          106.631, subdivisions 2 and 4; 116J.58, subdivision 4; 
          122.531, subdivisions 3a and 5; 124A.03, subdivision 
          3; 204B.14, subdivision 5; 214.13, subdivision 4; 
          240.16, subdivision 6; 256B.431, subdivision 4; 
          257.67, subdivision 3; 260.121, subdivision 3; 268.04, 
          subdivision 32; 268.08, subdivision 1; 268.675, 
          subdivision 1; 270.84, subdivision 1; 290.531; 
          290A.111, subdivision 2; 296.18, subdivision 1; 
          297A.391; 307.06; 309.502; 349.51, subdivision 5; 
          352.01, subdivision 2A; 360.531, subdivision 7; 
          363.071, subdivision 1; 388.051, subdivision 2; 
          422A.101, subdivision 2; 453.55, subdivision 11; 
          473.384, subdivision 6; 473.446, subdivision 1; 
          474.17, subdivision 3; 474.19, subdivisions 3 and 7; 
          519.01; 525.619; 571.41, subdivision 5b; amending Laws 
          1984, chapter 463, article 7, section 53, subdivision 
          2; reenacting Minnesota Statutes 1984, sections 
          10A.31, subdivision 5; 62D.03, subdivision 4; 
          repealing Minnesota Statutes 1984, sections 124A.035, 
          subdivision 6; 177.295; 204B.19, subdivision 3; 
          repealing Laws 1977, chapter 434, sections 4 and 5; 
          chapter 386, section 1; Laws 1978, chapter 772, 
          section 8; Laws 1980, chapter 522, section 4; Laws 
          1983, chapter 222, section 14; chapter 247, sections 
          122, 176, and 217; chapter 253, section 19; chapter 
          299, section 20; chapter 301, section 220; chapter 
          314, article 11, section 19; chapter 359, section 149; 
          Laws 1984, chapter 464, section 12, clause (g), and 
          the second paragraph after clause (g); chapter 468, 
          section 1; chapter 471, sections 14, 15, and 16; 
          chapter 514, article 2, section 13; chapter 541, 
          section 1; chapter 543, section 8; chapter 618, 
          section 59; that part of Laws 1984, chapter 629, 
          section 2, that amends section 375.193; Laws 1984, 
          chapter 638, section 3; chapter 654, article 2, 
          section 118. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 3C.12, 
subdivision 2, is amended to read: 
    Subd. 2.  [FREE DISTRIBUTION.] The revisor shall distribute 
without charge copies of each edition of Minnesota Statutes, 
supplements to Minnesota Statutes, and Laws of Minnesota to the 
persons or bodies listed in this subdivision.  Before 
distributing the copies, the revisor shall ask these persons or 
bodies whether their work requires the full number of copies 
authorized by this subdivision.  Unless a smaller number is 
needed, the revisor shall distribute:  
    (a) 30 copies to the supreme court;  
    (b) 30 copies to the court of appeals;  
    (c) one copy to each judge of a district court;  
    (d) one copy to the clerk of each district court for use in 
each courtroom of the district court;  
    (e) one copy to each judge, district attorney, clerk of 
court of the United States, and deputy clerk of each division of 
the United States district court in Minnesota;  
    (f) 100 copies to the office of the attorney general;  
    (g) ten copies each to the governor's office, the 
departments of agriculture, commerce, corrections, education, 
health, transportation, labor and industry, economic security, 
natural resources, public safety, public service, public 
welfare, revenue, and the pollution control agency;  
    (h) two copies each to the lieutenant governor, and the 
state treasurer, and the secretary of state;  
    (i) 20 copies each to the department of administration, 
state auditor, and legislative auditor;  
    (j) one copy each to other state departments, agencies, 
boards, and commissions not specifically named in this 
subdivision;  
    (k) one copy to each member of the legislature;  
    (l) 150 copies for the use of the senate and 200 copies for 
the use of the house of representatives;  
    (m) 50 copies to the revisor of statutes from which the 
revisor shall send the appropriate number to the Library of 
Congress for copyright and depository purposes;  
    (n) four copies to the secretary of the senate;  
    (o) four copies to the chief clerk of the house of 
representatives;  
    (p) 100 copies to the state law library;  
    (q) 100 copies to the law school of the University of 
Minnesota;  
    (r) five copies each to the Minnesota historical society 
and the secretary of state; and 
    (s) one copy to each county library maintained pursuant to 
chapter 134, except in counties containing cities of the first 
class.  If a county has not established a county library 
pursuant to chapter 134, the copy shall be provided to any 
public library in the county.  
    Sec. 2.  Minnesota Statutes 1984, section 8.31, subdivision 
2, is amended to read: 
    Subd. 2.  [ATTORNEY GENERAL TO ASSIST IN DISCOVERY AND 
PUNISHMENT OF ILLEGAL PRACTICES.] When the attorney general, 
from information in his possession, has reasonable ground to 
believe that any person has violated, or is about to violate, 
any of the laws of this state referred to in subdivision 1, he 
shall have power to investigate those violations, or suspected 
violations, and to take such steps as are necessary to cause the 
arrest and prosecution of all persons violating any of the 
statutes specifically mentioned in subdivision 1 or any other 
laws respecting unfair, discriminatory, or other unlawful 
practices in business, commerce, or trade.  In connection with 
investigation under this section the attorney general upon 
specifying the nature of the violation or suspected violation 
may obtain discovery from any person regarding any matter, fact 
or circumstance, not privileged, which is relevant to the 
subject matter involved in the pending investigation, in 
accordance with the provisions of this subdivision.  The 
discovery may be obtained without commencement of a civil action 
and without leave of court, except as expressly required by the 
provisions of subdivision 2a.  The applicable protective 
provisions of rules 26.02, 30.02 26.03, and 30.04 and 31.04 of 
the rules of civil procedure for the district courts shall apply 
to any discovery procedures instituted pursuant to this 
section.  The attorney general or any person to whom discovery 
is directed may apply to and obtain leave of the district court 
in order to reduce or extend the time requirements of this 
subdivision, and upon a showing of good cause the district court 
shall order such a reduction or extension.  In order to obtain 
discovery, the attorney general may: 
    (a) Serve written interrogatories on any person.  Within 20 
days after service of interrogatories, separate written answers 
and objections to each interrogatory shall be mailed to the 
attorney general.  
    (b) Upon reasonable written notice of no less than 15 days, 
require any person to produce for inspection and copying any 
documents, papers, books, accounts, letters, photographs, 
objects, or tangible things which are in his possession, 
custody, or control.  
    (c) Upon reasonable written notice of no less than 15 days, 
take the testimony of any person by deposition as to any fact or 
opinion relevant to the subject matter involved in the pending 
investigation.  
    For the purposes of this subdivision the term "person" has 
the meaning specified in section 325F.68.  
    Sec. 3.  Minnesota Statutes 1984, section 10A.31, 
subdivision 5, is reenacted. 
    Sec. 4.  Minnesota Statutes 1984, section 13.37, 
subdivision 2, is amended to read: 
    Subd. 2.  [CLASSIFICATION.] The following government data 
is classified as nonpublic data with regard to data not on 
individuals, pursuant to section 13.02, subdivision 9, and as 
private data with regard to data on individuals, pursuant to 
section 13.02, subdivision 12:  Security information; trade 
secret information; sealed absentee ballots prior to opening by 
an election judge; sealed bids, including the number of bids 
received, prior to the opening of the bids; and labor relations 
information., provided that specific labor relations information 
which relates to a specific labor organization is classified as 
protected nonpublic data pursuant to section 13.02, subdivision 
13. 
    Sec. 5.  Minnesota Statutes 1984, section 14.47, 
subdivision 8, is amended to read: 
    Subd. 8.  [SALES AND DISTRIBUTION OF COMPILATION.] Any 
compilation, reissue, or supplement published by the revisor 
shall be sold by the revisor for a reasonable fee and its 
proceeds deposited in the general fund.  An agency shall 
purchase from the revisor the number of copies of the 
compilation or supplement needed by the agency.  The revisor 
shall provide one copy of any compilation or supplement to each 
county library maintained pursuant to section 134.12 or 375.33 
upon its request, except in counties containing cities of the 
first class.  If a county has not established a county library 
pursuant to section 134.12 or 375.33, the copy will be provided 
to any public library in the county upon its request. 
    Sec. 6.  Minnesota Statutes 1984, section 16A.065, is 
amended to read: 
    16A.065 [PREPAY SOFTWARE, SUBSCRIPTIONS, U.S. DOCUMENTS.] 
    Despite section 16A.41, subdivision 1, the commissioner may 
allow an agency to make advance deposits or payments for 
software or software maintenance services for state-owned or 
leased electronic data processing equipment and for newspaper, 
magazine, and other subscription fees customarily paid for in 
advance, and.  The commissioner may also allow advance deposits 
by any department with the Library of Congress and federal 
Supervisor of Documents for items to be purchased from those 
federal agencies. 
    Sec. 7.  Minnesota Statutes 1984, section 16A.133, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CREDIT UNION.] An agency head may, with 
the written request of an employee, to deduct from the pay of 
the employee a requested amount to be paid to any state 
employees' credit union, or the Minnesota Benefit Association or 
to any organization contemplated by section 179.65 179A.06, of 
which the employee is a member.  If an employee is a member of 
more than one such credit union or more than one such 
organization, only one credit union and one organization may be 
paid money by payroll deduction from the employee's pay.  No 
deduction may be made from the salary of an employee for payment 
to a credit union or organization unless 100 employees request 
deductions for payment to the credit union or organization.  The 
100 employee minimum does not apply to credit unions and 
organizations which received authorized payroll deduction 
payments on June 5, 1971. 
    Sec. 8.  Minnesota Statutes 1984, section 16B.64, 
subdivision 2, is amended to read: 
    Subd. 2.  [DISTRIBUTION OF INCORPORATIONS BY REFERENCE.] 
The commissioner need not publish or distribute those parts of 
the code which are adopted by reference pursuant to section 
14.06 14.07, subdivision 4.  
    Sec. 9.  Minnesota Statutes 1984, section 21.92, is amended 
to read: 
    21.92 [SEED INSPECTION FUND.] 
    There is established in the state treasury an account known 
as the seed inspection fund.  Fees and penalties collected by 
the commissioner under sections 21.80 to 21.92 shall be 
deposited into this account.  The rates at which the fees are 
charged may be adjusted pursuant to section 16A.28 16A.128.  
Money in this account, including interest earned and any 
appropriations made by the legislature for the purposes of 
sections 21.80 to 21.92, is annually appropriated to the 
commissioner for the administration and enforcement of sections 
21.80 to 21.92.  
    Sec. 10.  Minnesota Statutes 1984, section 35.09, 
subdivision 1, is amended to read:  
    Subdivision 1.  Notwithstanding any provision of this 
chapter to the contrary, neither cattle affected with 
tuberculosis, paratuberculosis, or brucellosis shall be killed 
as such until they have been inspected by a veterinarian 
appointed by the board, and are pronounced by him to be so 
diseased. 
    For each animal slaughtered because of tuberculosis, 
paratuberculosis, or brucellosis, the value of the net salvage 
of the carcass shall be deducted from the appraised value of the 
living animal; two-thirds of the remainder shall be paid to the 
owner by the state, except that in all cases where the animal 
disease eradication division of the United States department of 
agriculture compensates the owner for the animal, in whole or in 
part, then the amount of the compensation so received from the 
federal government shall be deducted from the amount of 
indemnity payable by the state; provided, that in no case shall 
any payment be more than $37.50 for grade females animals or 
more than $75 for any registered purebred animal, and that no 
payment shall be made unless the owner has complied with all 
lawful rules of the board.  
    Sec. 11.  Minnesota Statutes 1984, section 42.09, 
subdivision 9, is amended to read: 
    Subd. 9.  The applicant must submit a complete operational 
plan for each proposed project prepared by the licensee who 
shall conduct the operation, which shall include, but not be 
limited to: 
    (a) a specific statement of the nature and objectives of 
the intended operation, 
    (b) a map of the proposed operating area which specifies 
the primary target area and shows the area reasonably expected 
to be affected and a rain gauge system for both seeded and 
downwind areas, 
    (c) an estimate of the amount of cloud seeding material 
expected to be placed in the clouds, 
    (d) a statement of the types of clouds to be seeded and 
identification of a procedure for random selection of at least a 
portion of the clouds to be seeded during the operation, 
    (f) (e) the name and address of the licensee, 
    (g) (f) the person or organization on whose behalf it is to 
be conducted, 
    (h) (g) a statement showing any expected effect upon the 
environment and results of weather modification operations, and 
methods of determining and properly evaluating that operation, 
and any other detailed information as may be required to 
describe the operation and its proposed method of evaluation. 
    Sec. 12.  Minnesota Statutes 1984, section 46.046, 
subdivision 1, is amended to read: 
    Subdivision 1.  [WORDS, TERMS, AND PHRASES.] Unless the 
language or context clearly indicates that a different meaning 
is intended, the word defined in subdivision 2, for the purposes 
of sections 45.04 to 45.07 46.041 to 46.044, shall be given the 
meaning subjoined to it; and the word defined in subdivision 3, 
for the purposes of chapters 46 to 77, shall be given the 
meaning subjoined to it.  
    Sec. 13.  Minnesota Statutes 1984, section 47.101, 
subdivision 2, is amended to read: 
    Subd. 2.  [BANKING INSTITUTIONS; CERTAIN RELOCATIONS, 
APPLICATIONS, NOTICE, APPROVAL.] A banking institution defined 
in section 48.01, subdivision 2, desiring to relocate its main 
office within a radius of three miles measured in a straight 
line shall submit an application in a form prescribed by the 
commissioner of commerce, an investigation fee of $500 and 
additional fees as prescribed in section 45.04 46.041 if 
subsequently processed under subdivision 3.  After the 
application is deemed to be complete and accepted by the 
commissioner of commerce, the applicant shall publish once in a 
form prescribed by the commissioner a notice of the filing of 
the application in a newspaper published in the municipalities 
where the banking institution is located and relocating if 
different.  If there is no such paper, then notice of the filing 
shall be published at the appropriate county seats of the 
existing and proposed sites if different.  The applicant shall 
cause the notice to be publicly displayed in its lobby and sent 
by certified mail to all banking institutions within three miles 
of the proposed location measured in a straight line.  Upon 
expiration of a period of 21 days for comment, the commissioner, 
after considering the applicable conditions for issuance of the 
bank charter defined in section 45.07 46.044, shall within 60 
days approve or disapprove or refer the application to the 
department of commerce for consideration.  
    Sec. 14.  Minnesota Statutes 1984, section 47.101, 
subdivision 3, is amended to read: 
    Subd. 3.  [APPLICATIONS TO DEPARTMENT OF COMMERCE.] An 
application by a banking institution to relocate its main office 
outside a radius of three miles measured in a straight line, or 
referred from the commissioner of commerce pursuant to 
subdivision 2, shall be approved or disapproved by the 
commissioner of commerce as provided for in sections 45.04 
46.041 and 45.07 46.044.  
    Sec. 15.  Minnesota Statutes 1984, section 47.29, 
subdivision 1, is amended to read: 
    Subdivision 1.  Any savings bank organized and existing 
under and by virtue of the laws of this state, is hereby 
authorized and empowered, by a two-thirds vote of the entire 
board of trustees, at any regular or special meeting of said 
board duly called for that purpose to convert itself into a 
federal association whenever said conversion is authorized by 
any act of the Congress of the United States:  Provided, that 
before any such conversion shall become final and complete, (a) 
the secretary of the savings bank shall cause 30 days written 
notice of such intended conversion (which notice, before 
mailing, shall be submitted to and approved by the commissioner 
of commerce) to be mailed prepaid to each depositor, at their 
last known address, according to the records of the bank, and 
after such notice each depositor may, prior to the time the 
conversion becomes final and complete, on demand and without 
prior notice, withdraw the full amount of his deposit or such 
part thereof as he may request, and upon such withdrawal he 
shall receive interest to the date of withdrawal at the same 
rate last paid or credited by the bank, notwithstanding the 
provisions of any law, bylaws, rule or regulation to the 
contrary, and (b) that such conversion be approved in writing by 
the commissioner of commerce.  
    Sec. 16.  Minnesota Statutes 1984, section 47.30, 
subdivision 2, is amended to read: 
    Subd. 2.  An application for a certificate authorizing a 
savings bank to transact business, in the form required by 
sections 45.04 46.041 and 45.08 46.046, shall be submitted to, 
considered and acted upon by the department of commerce in the 
same manner and by the same standards as applications are 
submitted, considered and acted upon under sections 45.04, 
45.07, 45.08 46.041, 46.044, 46.046, 50.01 and 50.02.  The fees 
required by section 45.04 46.041 shall be paid and the 
amendments proposed to the articles of incorporation and bylaws 
shall be included as part of the application.  
    Sec. 17.  Minnesota Statutes 1984, section 47.30, 
subdivision 3, is amended to read: 
    Subd. 3.  If the department of commerce grants the 
application, the certificate of authorization (charter) shall be 
issued as provided by section 45.04 46.041, and the articles of 
incorporation may then be amended so as to convert the savings, 
building and loan association into a savings bank by following 
the procedure prescribed for amending articles of incorporation 
of savings, building and loan associations: Provided, that the 
proposed amended articles shall contain the names of, and be 
signed by, the proposed first board of trustees.  
    Sec. 18.  Minnesota Statutes 1984, section 47.51, is 
amended to read: 
    47.51 [DETACHED BANKING FACILITIES; DEFINITIONS.] 
    As used in sections 47.51 to 47.57: 
    "Extension of the main banking house" means any structure 
or stationary mechanical device serving as a drive-in or walk-up 
facility, or both, which is located within 150 feet of the main 
banking house, the distance to be measured in a straight line 
from the closest points of the closest structures involved and 
which performs one or more of the functions described in section 
47.53. 
    "Detached facility" means any permanent structure, office 
accommodation located within the premises of any existing 
commercial or business establishment, stationary automated 
remote controlled teller facility, stationary unmanned cash 
dispensing or receiving device, located separate and apart from 
the main banking house which is not an "extension of the main 
banking house" as above defined, that serves as a drive-in or 
walk-up facility, or both, with one or more tellers windows, or 
as a remote controlled teller facility or a cash dispensing or 
receiving device, and which performs one or more of those 
functions described in section 47.53. 
    "Bank" means a bank as defined in section 45.08 46.046 and 
any banking office established prior to the effective date of 
Laws 1923, Chapter 170, Section 1. 
    "Commissioner" means the commissioner of commerce. 
    "Municipality" means the geographical area encompassing the 
boundaries of any home rule charter or statutory city located in 
this state, and any detached area, pursuant to section 473.625, 
operated as a major airport by the metropolitan airports 
commission pursuant to sections 473.601 to 473.679.  When a bank 
is located in a township, the term municipality is expanded to 
mean the geographical area encompassing the boundaries of the 
township.  
    Sec. 19.  Minnesota Statutes 1984, section 48.89, 
subdivision 1, is amended to read: 
    Subdivision 1.  For the purposes of this section the 
following terms defined in this subdivision have the meanings 
given them: 
    (a) The term commissioner means the commissioner of 
commerce.  
    (b) The term clerical services means services such as check 
and deposit, sorting and posting, computation and posting of 
interest and other credits and charges, preparation and mailing 
of checks, statements, notices, and similar items, or any other 
clerical, bookkeeping, accounting, statistical, or similar 
functions performed for a bank.  
    (c) The term clerical service corporation means a 
corporation organized as a business corporation to perform 
clerical services for two or more banks, each of which owns part 
of the capital stock of such corporation.  
    (d) The term invest includes any advance of funds to a 
clerical service corporation, whether by the purchase of stock, 
the making of a loan, or otherwise, except a payment for rent 
earned, goods sold and delivered, or services rendered prior to 
the making of such payment.  
    (e) The term banks is defined as prescribed in section 
45.08 46.046.  
    Sec. 20.  Minnesota Statutes 1984, section 60A.03, 
subdivision 2, is amended to read: 
    Subd. 2.  [POWERS OF COMMISSIONER.] (1) [ ENFORCEMENT.] The 
commissioner shall have and exercise the power to enforce all 
the laws of this state relating to insurance, and it shall be 
his duty to enforce all the provisions of the laws of this state 
relating to insurance. 
    (2) [DEPARTMENT OF COMMERCE.] The commissioner shall have 
and possess all the rights and powers and perform all the duties 
heretofore vested by law in the commissioner of commerce, except 
that applications for registrations of securities and brokers' 
licenses under sections 80A.01 to 80A.31, and all matters 
pertaining to such registrations and licenses, application for 
the organization and establishment of new financial institutions 
under sections 45.04 46.041, 45.06 46.043, and 45.07 46.044, 
applications by insuring companies for licenses to carry on 
business within the state, and all matters pertaining to such 
licenses, and applications for the consolidation of insuring 
companies transacting business within the state, shall be 
determined by the commissioner in the manner provided by the 
laws defining the powers and duties of the commissioner of 
commerce, and the state securities commission, respectively, or, 
in the absence of any law prescribing the procedure, by such 
reasonable procedure as the commission, as defined in chapter 
45, may prescribe. 
    Sec. 21.  Minnesota Statutes 1984, section 62D.03, 
subdivision 4, is reenacted. 
    Sec. 22.  Laws 1984, chapter 464, section 12, clause (g), 
and the second paragraph after clause (g), are repealed. 
    Sec. 23.  Minnesota Statutes 1984, section 62D.04, 
subdivision 1, is amended to read: 
    Subdivision 1.  Upon receipt of an application for a 
certificate of authority, the commissioner of health shall 
determine whether the applicant for a certificate of authority 
has: 
    (a) Demonstrated the willingness and potential ability to 
assure that health care services will be provided in such a 
manner as to enhance and assure both the availability and 
accessibility of adequate personnel and facilities; 
     (b) Arrangements for an ongoing evaluation of the quality 
of health care; 
     (c) A procedure to develop, compile, evaluate, and report 
statistics relating to the cost of its operations, the pattern 
of utilization of its services, the quality, availability and 
accessibility of its services, and such other matters as may be 
reasonably required by regulation of the commissioner of health; 
     (d) Reasonable provisions for emergency and out of area 
health care services; 
     (e) Demonstrated that it is financially responsible and may 
reasonably be expected to meet its obligations to enrollees and 
prospective enrollees.  In making this determination, the 
commissioner of health may consider: 
     (1) the financial soundness of its arrangements for health 
care services and the proposed schedule of charges used in 
connection therewith; 
     (2) the adequacy of its working capital; 
    (3) arrangements which will guarantee for a reasonable 
period of time the continued availability or payment of the cost 
of health care services in the event of discontinuance of the 
health maintenance organization;  
    (4) agreements with providers for the provision of health 
care services; and 
    (5) any deposit of cash or securities submitted in 
accordance with section 62D.07, subdivision 6 62D.041.  
    (f) Demonstrated that it will assume full financial risk on 
a prospective basis for the provision of comprehensive health 
maintenance services, including hospital care; provided, 
however, that the requirement in this paragraph shall not 
prohibit a health maintenance organization from obtaining 
insurance or making other arrangements (i) for the cost of 
providing to any enrollee comprehensive health maintenance 
services, the aggregate value of which exceeds $5,000 in any 
year, (ii) for the cost of providing comprehensive health care 
services to its members on a non-elective emergency basis, or 
while they are outside the area served by the organization, or 
(iii) for not more than 95 percent of the amount by which the 
health maintenance organization's costs for any of its fiscal 
years exceed 105 percent of its income for such fiscal years; 
and 
    (g) Otherwise met the requirements of sections 62D.01 to 
62D.29. 
    Sec. 24.  Minnesota Statutes 1984, section 62D.041, 
subdivision 5, is amended to read: 
    Subd. 5.  [WAIVER.] The commissioner may waive any of the 
deposit requirements set forth in subdivisions 2 3 and 3 4 
whenever satisfied that the organization has sufficient net 
worth and an adequate history of generating net income to assure 
its financial viability for the next year, or its performance 
and obligations are guaranteed by an organization with 
sufficient net worth and an adequate history of generating net 
income, or the assets of the organization or its contracts with 
insurers, hospital, or medical service corporations, 
governments, or other organizations are reasonably sufficient to 
assure the performance of its obligations.  
    Sec. 25.  Minnesota Statutes 1984, section 62D.09, is 
amended to read: 
    62D.09 [INFORMATION TO ENROLLEES.] 
    Subdivision 1.  Any written marketing materials which may 
be directed toward potential enrollees and which includes 
include a detailed description of benefits provided by the 
health maintenance organization shall include a statement of 
consumer rights as described in section 62D.07, subdivision 3, 
paragraph (c).  
    Subd. 2.  The application for coverage by the health 
maintenance organization shall be accompanied by the statement 
of consumer rights as described in section 62D.07, subdivision 
3, paragraph (c).  
    Subd. 3.  Every health maintenance organization or its 
representative shall annually, before June 1, provide to its 
enrollees the following:  (1) a summary of its most recent 
annual financial statement including a balance sheet and 
statement of receipts and disbursements; (2) a description of 
the health maintenance organization, its health care plan or 
plans, its facilities and personnel, any material changes 
therein since the last report, (3) the current evidence of 
coverage; and (4) a statement of consumer rights as described in 
section 62D.07, subdivision 3, paragraph (c). 
    Sec. 26.  Minnesota Statutes 1984, section 62H.06, is 
amended to read: 
    62H.06 [REGULATION OF PLANS BY COMMISSIONER.] 
    The commissioner of commerce shall promulgate rules, 
including emergency rules, to insure the solvency and operation 
of all self-insured plans subject to this chapter.  The 
commissioner may examine the joint self-insurance plans pursuant 
to sections 60A.03 and 60A.31 60A.031.  
    Sec. 27.  Minnesota Statutes 1984, section 83.23, 
subdivision 3, is amended to read: 
    Subd. 3.  [QUALIFICATION.] Subdivided lands may be 
registered by qualification provided all of the following 
requirements have been met:  
     (a) an application for registration has been filed with the 
commissioner in a format which the commissioner may by rule 
prescribe;  
     (b) the commissioner has been furnished a proposed public 
offering statement complying with section 83.24;  
     (c) a filing fee of $250 plus an additional registration 
fee of $1 for each lot, unit, parcel, or interest included in 
the offering accompanies the application.  The maximum combined 
filing and registration fees shall in no event be more than 
$2,500;  
     (d) the subdivider is in compliance with service of process 
provisions of section 83.39;  
    (e) the commissioner has been furnished a financial 
statement of the subdivider's most recent fiscal year, audited 
by an independent certified public account accountant; and, if 
the fiscal year of the subdivider is more than 90 days prior to 
the date of filing the application, a financial statement, which 
may be unaudited, as of a date within 90 days of the date of 
application.  
    Subdivisions in which all the improvements are complete and 
paid for by the developer, and for which clear title can be 
given the purchaser at the closing, are exempt from providing 
independently certified financial statements.  
    An application for registration under this section becomes 
effective when the commissioner so orders.  
    The rulemaking authority in this subdivision does not 
include emergency rulemaking authority pursuant to chapter 14.  
    Sec. 28.  Minnesota Statutes 1984, section 106.631, 
subdivision 2, is amended to read: 
    Subd. 2.  [PROCEDURE ON APPEAL.] (a) Any person appealing 
on the first or second ground named, may include and have 
considered and determined benefits or damages affecting property 
other than his own.  Notice of such appeal shall be served upon 
the owner or occupant of such other property or upon the 
attorney who represents such owner in the proceedings.  Such 
notice of appeal shall also be served upon the auditor or clerk. 
    (b) To render the appeal effectual, the appellant shall 
file with the auditor or clerk within 30 days after the filing 
of such final order a notice of appeal which shall state the 
particular benefits or damages appealed from and the ground upon 
which the appeal is taken.  Within 30 days after such filing, 
the auditor, in case of a county drainage proceeding, shall 
return and file with the clerk of the district court the 
original notice and appeal bond. 
    (c) The issues raised by the appeal shall stand for trial 
by jury and shall be tried and determined at the next term of 
the district court held within the county in which the 
proceedings were commenced, or in such other county in which the 
appeal shall be heard, beginning after the filing of the appeal; 
and shall take precedence of all other matters of a civil nature 
in court.  If there be more than one appeal triable in one 
county, the court may, on its own motion or upon the motion of a 
party in interest, consolidate two or more appeals and try them 
together, but the rights of the appellants shall be separately 
determined.  If the appellant fails to prevail, the cost of the 
trial shall be paid by the appellant.  In case of appeal as to 
damages or benefits to property situated in the county other 
than the county where the drainage proceedings are pending, and 
if the appellant so requests, the trial shall be held at the 
next term of the district court of the county wherein the lands 
are situated.  In such case, the clerk of the district court 
where the appeal is filed, shall make, certify and file in the 
office of the clerk of the district court of the county where 
the trial is to be had, a transcript of the papers and documents 
on file in his office in the proceedings so far as they pertain 
to the matters on account of which the appeal is taken.  After 
the final determination of such appeal, the clerk of the 
district court where the action is tried, shall certify and 
return the verdict to the district court of the county where the 
proceedings were instituted. 
     (d) The clerk of the district court shall file a certified 
copy of the final determination of any such appeal with the 
auditor of the county affected. 
     (e) An appeal on the third ground may be to the district 
court of any county wherein lands are affected.  Such appeal 
shall be made within 30 days after the order allowing or 
disallowing the claim and shall be governed as far as applicable 
by the provisions of this subdivision. 
    Sec. 29.  Minnesota Statutes 1984, section 106.631, 
subdivision 4, is amended to read: 
    Subd. 4.  [APPEAL FROM ORDERS.] Any party aggrieved thereby 
may appeal to the district court of the county where the 
proceedings are pending from any order made by the county board 
dismissing the petition for any drainage system or establishing 
or refusing to establish any drainage system.  The appellant 
shall serve notice of appeal and give bond as provided in 
subdivision 2.  Upon such appeal being perfected, it may be 
brought on for trial by either party upon ten days notice to the 
other, and shall then be tried by the court without a jury.  The 
court shall examine the whole matter and receive evidence to 
determine whether the findings made by the county board can be 
sustained.  At such trial the findings made by the county board 
shall be prima facie evidence of the matters therein stated, and 
the order of the county board shall be deemed prima facie 
reasonable.  If the court shall find that the order appealed 
from is lawful and reasonable, it shall be affirmed.  If the 
court finds that the order appealed from is arbitrary, unlawful, 
or not supported by the evidence, it shall make such order to 
take the place of the order appealed from as is justified by the 
record before it or remand such matter to the county board for 
further proceeding before the board.  After determination of the 
appeal, the county board shall proceed in conformity therewith.  
    If such appeal be from an order establishing a ditch, the 
trial of any appeals from benefits or damages in the ditch 
proceeding shall be stayed pending the determination of such 
appeal; and, if the order establishing be affirmed, any such 
appeals from benefits or damages shall then stand for trial as 
provided by this section.  If such appeal be from an order 
refusing to establish a ditch, and if the court thereafter by 
order establishes the ditch, the county auditor shall give 
notice by publication of the filing of the order.  Such notice 
shall be sufficient if it refers to the ditch by number or other 
descriptive designation and recites the purport of the order and 
the date of filing in the court.  Any person aggrieved thereby 
may appeal to the district court upon the grounds and as 
provided by subdivisions 1 and 2, and such appeal shall be made 
as required by subdivision 2 within 30 days after the completion 
of publication of notice as herein required.  
    Sec. 30.  Minnesota Statutes 1984, section 116J.58, 
subdivision 4, is amended to read: 
    Subd. 4.  [FEDERAL LIMITATION ACT ALLOCATION.] The 
commissioner shall:  
    (1) in accordance with sections 474.16 to 474.23, review 
applications for and grant allocations of authority to issue 
bonds or other obligations subject to a federal limitation act; 
and 
    (2) adopt rules, including emergency rules under sections 
14.29 to 14.36, to provide for the allocation of the amount of 
issuance authority allocated pursuant to section 462.556 474.17, 
subdivision 3.  The rules shall contain criteria and procedures 
for allocation of authority for use by the department, and to 
other state agencies, political subdivisions, or other 
authorities authorized by other law to issue bonds subject to a 
federal limitation act.  
    For the purposes of this subdivision, a "federal limitation 
act" is an act of congress defined in section 474.16, 
subdivision 5. 
    Sec. 31.  Minnesota Statutes 1984, section 122.531, 
subdivision 3a, is amended to read: 
    Subd. 3a.  [GRANDFATHER LEVY AND AID.] (1) The amounts 
specified in this subdivision shall be used for purposes of 
computing the grandfather levy limitation under section 275.125, 
subdivision 6b, and the grandfather aid under Minnesota Statutes 
1982, section 124.2123, of a district newly created through 
consolidation or enlarged through the dissolution of a district 
and its attachment to one or more existing districts. 
    (2) The grandfather guarantee of the newly created or 
enlarged district shall equal the sum of the amounts derived by 
performing the following multiplication for each component 
district: 
    (a) the grandfather guarantee for the component district, 
times 
    (b) the quotient obtained by dividing the number of actual 
pupil units from that component district who are enrolled in the 
newly created or enlarged district in the year when the 
consolidation or dissolution and attachment becomes effective, 
by the entire number of actual pupil units enrolled in the 
component district in the year preceding the year when the 
consolidation or dissolution and attachment becomes effective. 
    (3) The grandfather allowance of the newly created or 
enlarged district shall equal the quotient obtained by dividing: 
    (a) the grandfather guarantee of the newly created or 
enlarged district, by 
    (b) the sum of the amounts derived by performing the 
following computation for each component district: 
     (i) the number of actual pupil units in the component 
district in 1979-1980, times 
     (ii) the quotient derived for that component district in 
clause (2), part (b) of this subdivision. 
    Sec. 32.  Minnesota Statutes 1984, section 122.531, 
subdivision 5, is amended to read: 
    Subd. 5.  [REPLACEMENT LEVY AND AID.] For purposes of 
computing the replacement levy limitation under section 275.125, 
subdivision 6c, and replacement aid under Minnesota Statutes 
1983 Supplement, section 124.2124, the replacement entitlement 
of a district newly created through consolidation or enlarged 
through the dissolution of a district and its attachment to one 
or more other districts, shall equal the quotient obtained by 
dividing: 
    (1) the sum of the amounts derived by performing the 
following multiplication for each component district: 
    (a) the replacement entitlement of the component district, 
times 
    (b) the number of actual and AFDC pupil units from that 
component district who are enrolled in the newly created or 
enlarged district in the year when the consolidation or 
dissolution and attachment becomes effective; by 
    (2) the total number of actual and AFDC pupil units in the 
newly created or enlarged district in the year when the 
consolidation or dissolution and attachment becomes effective. 
    Sec. 33.  Minnesota Statutes 1984, section 124A.03, 
subdivision 3, is amended to read: 
    Subd. 3.  [BASIC MAINTENANCE LEVY; DISTRICTS OFF THE 
FORMULA.] In any year when the amount of the maximum levy 
limitation under subdivision 1 for any district, exceeds the 
product of the district's foundation aid formula allowance for 
the year in which the levy is recognized as revenue times the 
estimated number of total pupil units for that district for that 
school year, the levy limitation for that district under 
subdivision 1 shall be limited to the greater of the dollar 
amount of the levy the district certified in 1977 under 
Minnesota Statutes 1978, section 275.125, subdivision 2a, clause 
(1), or the following difference but not to exceed the levy 
limitation under subdivision 1: 
    (a) the sum of 
    (i) the product of the district's foundation aid formula 
allowance for the school year in which the levy is recognized as 
revenue, times the estimated number of total pupil units for 
that district for that school year, plus 
    (ii) the amount by which special state aids of chapter 124 
receivable for the same school year, excluding aid authorized in 
sections 124.2137 and 124.646, are estimated to be reduced 
pursuant to section 124.2138, subdivision 1 124A.037, plus 
    (iii) the amount by which state payments on behalf of the 
district for the same school year authorized in sections 354.43, 
subdivision 1; 354A.12, subdivision 2; and 355.46, subdivision 
3, clause (b), are estimated to be reduced pursuant to section 
124.2138, subdivision 1 124A.037, less 
    (b) the estimated amount of any payments which would reduce 
the district's foundation aid entitlement as provided in section 
124A.035, subdivision 4 in the school year in which the levy is 
recognized as revenue. 
    A levy made by a district pursuant to this subdivision 
shall be construed to be the levy made by that district pursuant 
to subdivision 1, for purposes of statutory cross-reference. 
    Sec. 34.  Minnesota Statutes 1984, section 124A.035, 
subdivision 6, is repealed. 
    Sec. 35.  Minnesota Statutes 1984, section 177.295, is 
repealed. 
    Sec. 36.  Minnesota Statutes 1984, section 204B.14, 
subdivision 5, is amended to read: 
    Subd. 5.  [PRECINCT BOUNDARIES; DESCRIPTION; MAPS.] Each 
municipal clerk shall prepare and file with the county auditor 
of each county in which the municipality is located, with the 
secretary of state and with the commissioner of energy and 
economic development state planning director maps showing the 
correct boundaries of each election precinct in the 
municipality.  At least 30 days before any change in an election 
precinct or in a corporate boundary becomes effective, the 
municipal clerk shall prepare maps showing the new boundaries of 
the precincts and shall forward copies of these maps to the 
secretary of state, the appropriate county auditors and 
the commissioner of energy and economic development state 
planning director.  The clerk shall retain copies of the 
precinct maps for public inspection.  The county auditor shall 
prepare and file precinct boundary maps for precincts in 
unorganized territories in the same manner as provided for 
precincts in municipalities.  For every election held in the 
municipality the election judges shall be furnished precinct 
maps as provided in section 201.061, subdivision 6.  
    Sec. 37.  Minnesota Statutes 1984, section 204B.19, 
subdivision 3, is repealed.  
    Sec. 38.  Minnesota Statutes 1984, section 214.13, 
subdivision 4, is amended to read: 
    Subd. 4.  The commissioner of health shall wherever 
possible delegate the administration of regulation activities to 
a health related licensing board with the concurrence of that 
board.  If the commissioner of health delegates this function, 
the licensing board may regularly bill the commissioner of 
health for the cost of performing this function.  The licensing 
board may directly set and charge fees in accordance with the 
provisions of section 214.06.  The commissioner of health may 
establish an advisory council to advise him or the appropriate 
health related licensing board on matters relating to the 
registration and regulation of an occupation.  A council shall 
have seven members appointed by the commissioner of which five 
are members of the registered occupation or related registered 
or licensed occupations, and two are public members.  A council 
shall expire, and the terms, compensation and removal of members 
shall be as provided in section 15.059. 
    Sec. 39.  Minnesota Statutes 1984, section 240.16, 
subdivision 6, is amended to read: 
    Subd. 6.  [COMPENSATION.] The total compensation of 
stewards who are not employees of the division commission must 
be commensurate with the compensation of stewards who 
are division commission employees.  
    Sec. 40.  Minnesota Statutes 1984, section 256B.431, 
subdivision 4, is amended to read: 
    Subd. 4.  [SPECIAL RATES.] (a) A newly constructed nursing 
home or one with a capacity increase of 50 percent or more may, 
upon written application to the commissioner, receive an interim 
payment rate for reimbursement for property-related costs 
calculated pursuant to the statutes and rules in effect on May 
1, 1983 and for operating costs negotiated by the commissioner 
based upon the 60th percentile established for the appropriate 
group under subdivision 2, paragraph (b) 2a to be effective from 
the first day a medical assistance recipient resides in the home 
or for the added beds.  For newly constructed nursing homes 
which are not included in the calculation of the 60th percentile 
for any group, subdivision 2(f) 2f, the commissioner shall 
establish by rule procedures for determining interim operating 
cost payment rates and interim property-related cost payment 
rates.  The interim payment rate shall not be in effect for more 
than 17 months.  The commissioner shall establish, by emergency 
and permanent rules, procedures for determining the interim rate 
and for making a retroactive cost settle-up after the first year 
of operation; the cost settled operating cost per diem shall not 
exceed 110 percent of the 60th percentile established for the 
appropriate group.  Until procedures determining operating cost 
payment rates according to mix of resident needs are 
established, the commissioner shall establish by rule procedures 
for determining payment rates for nursing homes which provide 
care under a lesser care level than the level for which the 
nursing home is certified.  
     (b) For rate years beginning on or after July 1, 1983, the 
commissioner may exclude from a provision of 12 MCAR S 2.050 any 
facility that is licensed by the commissioner of health only as 
a boarding care home, is certified by the commissioner of health 
as an intermediate care facility, is licensed by the 
commissioner of human services under 12 MCAR S 2.036, and has 
less than five percent of its licensed boarding care capacity 
reimbursed by the medical assistance program.  Until a permanent 
rule to establish the payment rates for facilities meeting these 
criteria is promulgated, the commissioner shall establish the 
medical assistance payment rate as follows:  
     (1) The desk audited payment rate in effect on June 30, 
1983, remains in effect until the end of the facility's fiscal 
year.  The commissioner shall not allow any amendments to the 
cost report on which this desk audited payment rate is based.  
     (2) For each fiscal year beginning between July 1, 1983, 
and June 30, 1985, the facility's payment rate shall be 
established by increasing the desk audited operating cost 
payment rate determined in clause (1) at an annual rate of five 
percent.  
     (3) For fiscal years beginning on or after July 1, 1985, 
the facility's payment rate shall be established by increasing 
the facility's payment rate in the facility's prior fiscal year 
by the increase indicated by the consumer price index for 
Minneapolis and St. Paul.  
    (4) For the purpose of establishing payment rates under 
this paragraph, the facility's rate and reporting years coincide 
with the facility's fiscal year.  
    A facility that meets the criteria of this paragraph shall 
submit annual cost reports on forms prescribed by the 
commissioner.  
    Sec. 41.  Minnesota Statutes 1984, section 257.67, 
subdivision 3, is amended to read:  
    Subd. 3.  Willful failure to obey the judgment or order of 
the court is a civil contempt of the court.  All remedies for 
the enforcement of judgments apply including those available 
under sections 518.41 518C.01 to 518.53 518C.36 and 256.872 to 
256.878.  
    Sec. 42.  Minnesota Statutes 1984, section 260.121, 
subdivision 3, is amended to read: 
    Subd. 3.  Except when a child is alleged to have committed 
a minor traffic offense, as defined in section 260.193, 
subdivision 1, clause (c), if it appears at any stage of the 
proceeding that a child before the court is a resident of 
another state, the court may invoke the provisions of the 
interstate compact on juveniles or, if it is in the best 
interests of the child or the public to do so, the court may 
place the child in the custody of his parent, guardian, or 
custodian, if the parent, guardian, or custodian agree agrees to 
accept custody of the child and return him to their state. 
    Sec. 43.  Minnesota Statutes 1984, section 268.04, 
subdivision 32, is amended to read:  
    Subd. 32.  "Nonpublic school" means any school within the 
state, other than a public school, wherein a resident of 
Minnesota may legally fulfill the compulsory school attendance 
requirements of section 120.10, or any school (1) which operates 
on a nonprofit basis, (2) which admits only pre-kindergarten 
children, (3) which has as its primary purpose the education of 
its students as determined by the commissioner of human services 
pursuant to section 245.791, clause (15) (14), and (4) which 
operates on a regular basis for at least eight months and no 
more than nine months a year. 
    Sec. 44.  Minnesota Statutes 1984, section 268.08, 
subdivision 1, is amended to read:  
    Subdivision 1.  [ELIGIBILITY CONDITIONS.] An individual 
shall be eligible to receive benefits with respect to any week 
of unemployment only if the commissioner finds that the 
individual: 
    (1) has registered for work at and thereafter has continued 
to report to an employment office, or agent of the office, in 
accordance with rules the commissioner may adopt; except that 
the commissioner may by rule waive or alter either or both of 
the requirements of this clause as to types of cases or 
situations with respect to which the commissioner finds that 
compliance with the requirements would be oppressive or would be 
inconsistent with the purposes of sections 268.03 to 268.24; 
    (2) has made a claim for benefits in accordance with rules 
as the commissioner may adopt; and 
    (3) was able to work and was available for work, and was 
actively seeking work.  The individual's weekly benefit amount 
shall be reduced one-fifth for each day the individual is unable 
to work or is unavailable for work.  Benefits shall not be 
denied by application of this clause to an individual who is in 
training with the approval of the commissioner or in training 
approved pursuant to section 236 of the Trade Act of 1974, as 
amended;. 
    An individual is deemed unavailable for work with respect 
to any week which occurs in a period when the individual is a 
full-time student in attendance at, or on vacation from an 
established school, college or university unless a majority of 
the credit weeks earned in the base period were for services 
performed during weeks in which the student was attending school 
as a full-time student.  
    An individual serving as a juror shall be considered as 
available for work and actively seeking work on each day the 
individual is on jury duty.; and 
    (4) has been unemployed for a waiting period of one week 
during which the individual is otherwise eligible for benefits 
under sections 268.03 to 268.24.  However, payment for the 
waiting week shall be made to the individual after the 
individual has qualified for and been paid benefits for four 
weeks of unemployment in a benefit year which period of 
unemployment is terminated because of the individual's return to 
employment.  No individual is required to serve a waiting period 
of more than one week within the one year period subsequent to 
filing a valid claim and commencing with the week within which 
the valid claim was filed. 
    Sec. 45.  Minnesota Statutes 1984, section 268.675, 
subdivision 1, is amended to read: 
    Subdivision 1.  [SERVICE DELIVERY AREA PORTION.] (a) Eighty 
percent of the funds available for allocation to employment 
administrators for the program must be allocated among service 
delivery areas as follows:  (1) each service delivery area shall 
be eligible to receive that proportion of the funds available 
which equals the number of unemployed persons in the service 
delivery area divided by the total number of unemployed persons 
in the state for the 12-month period ending the most recent 
March 31; (2) however, 15 percent of the amount which would be 
allocated under paragraph clause (1) to each service delivery 
area in which the unemployment rate, for the 12-month period 
ending the most recent March 31, is less than the statewide 
unemployment rate on that date shall not be allocated according 
to paragraph clause (1).  This amount shall be pooled and 
distributed at the discretion of the coordinator only to 
employment administrators in these service delivery areas with 
lower than average unemployment rates who have demonstrated 
outstanding performance from May 1, 1984, to August 1, 1984, in 
placement of persons who would otherwise be eligible to receive 
general assistance, as shown by:  
    (i) the proportion of general assistance-eligible 
applicants who have been placed in private sector jobs under the 
program, relative to the total number of general 
assistance-eligible applicants placed under the program; or 
     (ii) the proportion of general assistance-eligible 
applicants placed in all jobs under the program, relative to 
total job placements under the program.  
     (b) Ten percent of the funds available for allocation to 
employment administrators under the program must be allocated at 
the discretion of the coordinator to employment administrators:  
     (1) who will maximize the use of the funds through 
coordination with other programs and state, local, and federal 
agencies, through the use of matching funds or through the 
involvement of low-income constituent groups;  
     (2) who have demonstrated need beyond the allocation 
available under clause (1);  
     (3) who have demonstrated outstanding performance in job 
creation; or 
     (4) who have demonstrated that the unemployed persons in 
the service delivery area incur unusual costs related to 
employment under sections 268.671 to 268.686.  
    Sec. 46.  Minnesota Statutes 1984, section 270.84, 
subdivision 1, is amended to read: 
    Subdivision 1.  The commissioner shall annually between 
April 30 and July 31 make a determination of the fair market 
value of the operating property of every railroad company doing 
business in this state as of January 2 of the year in which the 
valuation is made.  In making this determination, the 
commissioner shall employ generally accepted appraisal 
principles and practices which may include the unit method of 
determining value.  The commissioner may promulgate emergency 
rules adopting valuation procedures under sections 14.29 to 
14.36.  
    The commissioner shall give a report to the legislature in 
February 1985 and in February 1986 on the formula which he has 
used to determine the value of railroad operating property 
pursuant to Laws 1984, chapter 502, article 9.  This report 
shall also contain the valuation for taxes payable 1985 and 1986 
by company and the taxes payable in 1985 and 1986 by company 
based upon the valuation of operating property.  The legislature 
may review the formula, the valuation, and the resulting taxes 
and may make changes in the formula that it deems necessary.  
    Sec. 47.  Minnesota Statutes 1984, section 290.531, is 
amended to read: 
    290.531 [PAYMENT OF TAX PENDING APPEAL.] 
    When a taxpayer appeals any liability assessed under this 
chapter to the tax court, and the amount in dispute is more than 
$6,000, the entire amount of the tax, penalty, and interest 
assessed by the commissioner shall be paid at the time it is due 
unless permission to continue prosecution of the petition 
without payment is obtained as provided herein.  The 
petitioner appellant, upon ten days notice to the commissioner, 
may apply to the court for permission to continue prosecution of 
the petition appeal without payment; and, if it is made to 
appear 
    (1) that the proposed review is to be taken in good faith;  
    (2) that there is probable cause to believe that the 
taxpayer may be held exempt from the liability or that the 
liability may be determined to be less than 50 percent of the 
amount due; and 
    (3) that it would work a substantial hardship upon 
petitioner appellant to pay the liability, 
    the court may permit the petitioner appellant to continue 
prosecution of the petition appeal without payment, or may fix a 
lesser amount to be paid as a condition of continuing the 
prosecution of the petition appeal.  
    Failure to make payment of the amount required when due 
shall operate automatically to dismiss the petition appeal and 
all proceedings thereunder unless the payment is waived by an 
order of the court permitting the petitioner appellant to 
continue prosecution of the petition appeal without payment.  
    Sec. 48.  Minnesota Statutes 1984, section 297A.391, is 
amended to read:  
    297A.391 [PAYMENT OF TAX PENDING APPEAL.] 
    When a taxpayer appeals any liability assessed under this 
chapter to the tax court, and the amount in dispute is more than 
$6,000, the entire amount of the tax, penalty, and interest 
assessed by the commissioner shall be paid at the time it is due 
unless permission to continue prosecution of the petition appeal 
without payment is obtained as provided herein.  The 
petitioner appellant, upon ten days notice to the commissioner, 
may apply to the court for permission to continue prosecution of 
the petition appeal without payment; and, if it is made to 
appear 
    (1) that the proposed review is to be taken in good faith;  
    (2) that there is probable cause to believe that the 
taxpayer may be held exempt from payment of the liability or 
that the liability may be determined to be less than 50 percent 
of the amount due; and 
    (3) that it would work a substantial hardship upon 
petitioner appellant to pay the liability, 
    the court may permit the petitioner appellant to continue 
prosecution of the petition appeal without payment, or may fix a 
lesser amount to be paid as a condition of continuing the 
prosecution of the petition appeal.  
    Failure to make payment of the amount required when due 
shall operate automatically to dismiss the petition appeal and 
all proceedings thereunder unless the payment is waived by an 
order of the court permitting the petitioner appellant to 
continue prosecution of the petition appeal without payment.  
    Sec. 49.  Minnesota Statutes 1984, section 290A.111, 
subdivision 2, is amended to read: 
    Subd. 2.  [ADJUDICATION AND DECREES.] In any action under 
subdivision 1, if the court finds:  (a) that a property tax 
refund return preparer has:  
    (1) engaged in any conduct subject to the criminal penalty 
provided by section 290A.11, subdivision 2, or subject to the 
civil penalty under section 290A.112, 
    (2) misrepresented his eligibility to practice before the 
department of revenue, or otherwise misrepresented his 
experience or education as a property tax refund return 
preparer, 
    (3) guaranteed the payment of any property tax refund, 
    (4) engaged in any other fraudulent or deceptive conduct 
which substantially interferes with the proper administration of 
the provisions of this chapter, 
    the court may decree appropriate injunctive relief pursuant 
to the authority granted in section 290.521, subdivision 2.  
    Sec. 50.  Minnesota Statutes 1984, section 296.18, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GASOLINE OR SPECIAL FUEL USED IN OTHER 
THAN MOTOR VEHICLES.] Any person who shall buy and use gasoline 
for a qualifying purpose other than use in motor vehicles, 
snowmobiles, or motorboats, or special fuel for a qualifying 
purpose other than use in licensed motor vehicles, and who shall 
have paid the Minnesota excise tax directly or indirectly 
through the amount of the tax being included in the price of the 
gasoline or special fuel, or otherwise, shall be reimbursed and 
repaid the amount of the tax paid by him upon filing with the 
commissioner a signed claim in writing in the form and 
containing the information the commissioner shall require and 
accompanied by the original invoice thereof.  By signing any 
such claim which is false or fraudulent, the applicant shall be 
subject to the penalties provided in this section for knowingly 
making a false claim.  The claim shall set forth the total 
amount of the gasoline so purchased and used by him other than 
in motor vehicles, or special fuel so purchased and used by him 
other than in licensed motor vehicles, and shall state when and 
for what purpose it was used.  When a claim contains an error in 
computation or preparation, the commissioner is authorized to 
adjust the claim in accordance with the evidence shown on the 
claim or other information available to him.  If the 
commissioner is satisfied that the claimant is entitled to the 
payments, he shall approve the claim and transmit it to the 
commissioner of finance.  No repayment shall be made unless the 
claim and invoice shall be filed with the commissioner within 
one year from the date of the purchase.  The postmark on the 
envelope in which the claim is mailed shall determine the date 
of filing.  The words "gasoline" or "special fuel" as used in 
this subdivision do not include aviation gasoline or special 
fuel for aircraft.  The words "qualifying purpose" have the same 
meaning given them in section 290.06, subdivision 13.  Gasoline 
or special fuel bought and used for a "qualifying purpose" means:
    (1) Gasoline or special fuel used in carrying on a trade or 
business, used on a farm situated in Minnesota, and used for a 
farming purpose.  "Farm" and "farming purpose" have the meanings 
given them in section 6420(c)(2), (3), and (4) of the Internal 
Revenue Code of 1954, as amended through December 31, 1983.  
    (2) Gasoline or special fuel used for off-highway business 
use.  "Off-highway business use" means any use by a person in 
that person's trade, business, or activity for the production of 
income.  "Off-highway business use" does not include use as a 
fuel in a motor vehicle which, at the time of use, is registered 
or is required to be registered for highway use under the laws 
of any state or foreign country.  
    Sec. 51.  Minnesota Statutes 1984, section 307.06, is 
amended to read: 
    307.06 [TRANSFER TO ASSOCIATION; HOW EFFECTED.] 
    Any private cemetery established, platted, and recorded 
under the laws of this state may consolidate with and transfer 
its property, for cemetery purposes only, to any cemetery 
association or corporation organized under the laws of this 
state which is contiguous to, or adjacent to, such cemetery 
corporation.  
    To so consolidate and transfer its property it shall be 
necessary: 
    (1) that a resolution be passed by a two-thirds vote of the 
lot owners and members of such private cemetery, represented, 
present, and voting at a special meeting called for that 
purpose, which resolution shall recite with what cemetery 
corporation or association it is proposed to consolidate with 
and transfer its property to, and the terms and conditions 
thereof; and 30 days' notice of such meeting shall be previously 
given by mail to each lot owner of such private cemetery whose 
address can be determined using reasonable diligence of the time 
and place when such meeting is to be held, reciting the purpose 
thereof, which notice shall be signed by at least five lot 
owners; and 
    (2) that the resolution shall be signed and acknowledged by 
the presiding officer and secretary of such meeting and shall be 
filed with the county recorder of the county in which the 
private cemetery is situated. 
    Sec. 52.  Minnesota Statutes 1984, section 309.502, is 
amended to read: 
    309.502 [RULES.] 
    The commissioner shall promulgate rules to implement the 
provisions of sections 16A.134 and 309.501.  The rules shall not 
require the modification of any existing payroll deduction fund 
drive for state employees previously authorized by Minnesota 
Statutes 1982, section 15.375, subdivision 1.  
    Sec. 53.  Minnesota Statutes 1984, section 349.51, 
subdivision 5, is amended to read: 
    Subd. 5.  [LICENSE ISSUED.] Upon receipt of the 
application, the bond in proper form, and payment of the license 
fee required by subdivision 3, the department shall issue a 
license in form as prescribed by the department to the 
applicant, unless it determines that the applicant is otherwise 
unqualified.  The license permits the applicant to whom it is 
issued to engage in business as a distributor or operator at the 
place of business shown in the application.  The department must 
assign a license number to each person licensed at the time the 
initial license is issued.  The license number must be inscribed 
upon all licenses issued to that distributor or operator.  
    Sec. 54.  Minnesota Statutes 1984, section 352.01, 
subdivision 2A, is amended to read: 
    Subd. 2A.  [INCLUDED EMPLOYEES.] The following persons are 
included in the meaning of state employee: 
    (1) Employees of the Minnesota Historical Society. 
    (2) Employees of the State Horticultural Society. 
    (3) Employees of the Disabled American Veterans, Department 
of Minnesota, Veterans of Foreign Wars, Department of Minnesota, 
if employed prior to July 1, 1963. 
    (4) Employees of the Minnesota Crop Improvement Association.
    (5) Employees of the adjutant general who are paid from 
federal funds and who are not covered by any federal civilian 
employees retirement system. 
    (6) Employees of the state universities employed under the 
university activities program. 
    (7) Currently contributing employees covered by the system 
who are temporarily employed by the legislature during a 
legislative session or any currently contributing employee 
employed for any special service as defined in clause (8) of 
subdivision 2B. 
    (8) Employees of the armory building commission. 
    (9) Permanent employees of the legislature and persons 
employed or designated by the legislature or by a legislative 
committee or commission or other competent authority to make or 
conduct a special inquiry, investigation, examination or 
installation including permanent employees of the legislative 
research committee. 
     (10) Trainees who are employed on a full time established 
training program performing the duties of the classified 
position for which they will be eligible to receive immediate 
appointment at the completion of the training period. 
     (11) Employees of the Minnesota Safety Council. 
     (12) Employees of the transit operating division of the 
metropolitan transit commission and any employees on authorized 
leave of absence from the transit operating division who are 
employed by the labor organization which is the exclusive 
bargaining agent representing employees of the transit operating 
division. 
     (13) Employees of the metropolitan council, metropolitan 
parks and open space commission, regional transit board, 
metropolitan transit commission, metropolitan waste control 
commission, metropolitan sports facilities commission or the 
metropolitan mosquito control commission unless excluded or 
covered by another public pension fund or plan pursuant to 
sections 473.141, subdivision 12, or 473.415, subdivision 3. 
     (14) Judges of the tax court. 
    Sec. 55.  Minnesota Statutes 1984, section 360.531, 
subdivision 7, is amended to read: 
    Subd. 7.  [PRORATING THE TAX.] When an aircraft first 
becomes subject to taxation during the period for which the tax 
is to be paid, the tax on it shall be for the remainder of that 
period, prorated on a monthly basis of one-twelfth of the annual 
tax for each calendar month counting the month during which it 
becomes subject to the tax as the first month of such period, 
except that the tax for the period of January 1, 1966, through 
June 30, 1967, shall be prorated on a monthly basis of 
one-eighteenth of the tax for said period.  
    Sec. 56.  Minnesota Statutes 1984, section 363.071, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CONDUCT OF HEARINGS.] A complaint issued 
by the commissioner shall be heard as a contested case, except 
that the report of the hearing examiner shall be binding on all 
parties to the proceeding and if appropriate shall be 
implemented by an order as provided for in subdivision 2.  The 
hearing shall be conducted at a place designated by the 
commissioner, within the county where the unfair discriminatory 
practice occurred or where the respondent resides or has his 
principal place of business.  The hearing shall be conducted in 
accordance with Minnesota Statutes 1965, sections 15.0418, 
15.0419, 15.0421, 15.0422 14.57 to 14.62, and is subject to 
appeal in accordance with section 15.0424 sections 14.63 to 
14.68. 
    Sec. 57.  Minnesota Statutes 1984, section 388.051, 
subdivision 2, is amended to read: 
    Subd. 2.  [SPECIAL PROVISION; GROSS MISDEMEANORS.] In 
Anoka, Carver, Dakota, Hennepin, Scott, and Washington counties, 
only the county attorney shall prosecute gross misdemeanor 
violations of sections 290.53, subdivisions 4 and 8 11; 290.92, 
subdivision 15; 290A.11, subdivision 2; 297A.08; 297A.39, 
subdivisions 4 and 8; 297B.10; 609.255, subdivision 3; 609.377; 
609.378; 609.41; and 617.247.  
    Sec. 58.  Minnesota Statutes 1984, section 422A.101, 
subdivision 2, is amended to read: 
    Subd. 2.  [CONTRIBUTIONS BY OR FOR CITY OWNED PUBLIC 
UTILITIES, IMPROVEMENTS, OR MUNICIPAL ACTIVITIES.] Contributions 
by or for any city owned public utility, improvement project and 
other municipal activities supported in whole or in part by 
revenues other than real estate taxes, any public corporation, 
any employing unit of metropolitan government, Special School 
District No. 1 or Hennepin County, on account of any employee 
covered by the fund shall be calculated as follows: 
    (a) a regular employer contribution of an amount equal to 
the percentage rounded to the nearest two decimal places of the 
salaries and wages of all employees of the employing unit 
covered by the retirement fund which equals the difference 
between the level normal cost plus administrative cost reported 
in the annual actuarial valuation and the employee contributions 
provided for in section 422A.10; 
    (b) an additional employer contribution of an amount equal 
to the percent specified in section 353.27, subdivision 3c 3a, 
clause (a), multiplied by the salaries and wages of all 
employees of the employing unit covered by the retirement fund; 
    (c) a proportional share of an additional employer 
amortization contribution of an amount equal to $3,900,000 
annually until the year 2017 based upon the share of the fund's 
unfunded liability attributed to the employer as disclosed in 
the annual actuarial valuation. 
     The city council or any board or commission may, by proper 
action, provide for the inclusion of the cost of the retirement 
contributions for employees of any city owned public utility or 
for persons employed in any improvement project or other 
municipal activity supported in whole or in part by revenues 
other than taxes who are covered by the retirement fund in the 
cost of operating the utility, improvement project or municipal 
activity.  The cost of retirement contributions for these 
employees shall be determined by the retirement board and the 
respective governing bodies having jurisdiction over the 
financing of these operating costs.  
     The cost of the employer contributions on behalf of 
employees of Special School District No. 1 who are covered by 
the retirement fund shall be the obligation of the school 
district.  The retirement board shall prepare an itemized 
statement of the financial requirements of the fund payable by 
the school district, which shall be submitted prior to September 
15.  Contributions by the school district shall be made at times 
designated by the retirement board.  The school district may 
levy for its contribution to the retirement fund only to the 
extent permitted pursuant to section 275.125, subdivision 6a.  
     The cost of the employer contributions on behalf of 
elective officers or other employees of Hennepin County who are 
covered by the retirement fund pursuant to sections 422A.09, 
subdivision 3, clause (2), 422A.22, subdivision 2, or 488A.115, 
or Laws 1973, Chapter 380, Section 3, Laws 1975, Chapter 402, 
Section 2, or any other applicable law shall be the obligation 
of Hennepin County.  The retirement board shall prepare an 
itemized statement of the financial requirements of the fund 
payable by Hennepin County, which shall be submitted prior to 
September 15.  Contributions by Hennepin County shall be made at 
times designated by the retirement board.  Hennepin County may 
levy for its contribution to the retirement fund.  
    Sec. 59.  Minnesota Statutes 1984, section 453.55, 
subdivision 11, is amended to read: 
    Subd. 11.  Neither the officials, the directors, nor the 
members of a municipal power agency nor any person executing 
bonds or notes shall be liable personally on the bonds or notes 
or be subject to any personal liability or accountability by 
reason of the issuance thereof.  A municipal power agency shall 
have power to indemnify and to purchase and maintain insurance 
on behalf of any director, officer, employee, or agent of the 
municipal power agency, in connection with any threatened, 
pending, or completed action, suit, or proceeding, to the same 
extent and in the same manner and with the same force and effect 
as provided in the case of a private corporation under the 
provisions of section 300.082 300.083. 
    Sec. 60.  Minnesota Statutes 1984, section 473.384, 
subdivision 6, is amended to read: 
    Subd. 6.  [FINANCIAL ASSISTANCE FOR CERTAIN PROVIDERS.] The 
board shall provide financial assistance to recipients who were 
receiving assistance by contract with the commissioner of 
transportation under Minnesota Statutes 1982, section 174.24, 
subdivision 3 on the effective date of this section July 1, 
1984, so that the percentage of total operating cost, as defined 
by the board, paid by the recipient from all local sources of 
revenue, including operating revenue, does not exceed the 
percentage for the recipient's classification as determined by 
the commissioner of transportation under his final contract with 
the recipient.  The board may include funds received under 
section 473.446, subdivision 1a, as a local source of revenue.  
The remainder of the total operating cost will be paid by the 
board less all assistance received by the recipient for that 
purpose from any federal source.  
    If a recipient informs the board in writing prior to the 
distribution of financial assistance for any year that paying 
its designated percentage of total operating cost from local 
sources will cause undue hardship, the board may adjust the 
percentage as it deems equitable.  If for any year the funds 
available to the board are insufficient to allow the board to 
pay its share of total operating cost for those recipients, the 
board shall reduce its share in each classification to the 
extent necessary.  
    Sec. 61.  Minnesota Statutes 1984, section 473.446, 
subdivision 1, is amended to read: 
    Subdivision 1.  [TAXATION WITHIN TRANSIT TAXING DISTRICT.] 
For the purposes of sections 473.401 to 473.451 and the 
metropolitan transit system, except as otherwise provided in 
this subdivision the regional transit board shall levy each year 
upon all taxable property within the metropolitan transit taxing 
district, defined in subdivision 2, a transit tax consisting of: 
    (a) An amount up to two mills times the assessed value of 
all such property, based upon the level of transit service 
provided for the property, the proceeds of which shall be used 
for payment of the expenses of operating transit and paratransit 
service; 
    (b) An additional amount, if any, as the commission board 
determines to be necessary to provide for the full and timely 
payment of its certificates of indebtedness and other 
obligations outstanding on July 1, 1977, to which property taxes 
under this section have been pledged; and 
    (c) An additional amount necessary to provide full and 
timely payment of certificates of indebtedness, bonds, or other 
obligations issued or to be issued pursuant to section 473.436 
for purposes of acquisition and betterment of property and other 
improvements of a capital nature and to which the commission 
board has specifically pledged tax levies under this clause. 
    The county auditor shall reduce the tax levied pursuant to 
this subdivision on all property within cities or towns that 
receive full peak service and limited off-peak service by an 
amount equal to the tax levy that would be produced by applying 
a rate of 0.5 mills on the property.  The county auditor shall 
reduce the tax levied pursuant to this subdivision on all 
property within cities or towns that receive limited peak 
service by an amount equal to the tax levy that would be 
produced by applying a rate of 0.75 mills on the property.  The 
amounts so computed by the county auditor shall be submitted to 
the commissioner of revenue as part of the abstracts of tax 
lists required to be filed with the commissioner under section 
275.29.  Any prior year adjustments shall also be certified in 
the abstracts of tax lists.  The commissioner shall review the 
certifications to determine their accuracy.  He may make changes 
in the certification as he may deem necessary or return a 
certification to the county auditor for corrections.  The 
commissioner shall pay to the regional transit board the amounts 
certified by the county auditors on the dates provided in 
section 273.13, subdivision 15a, clause (3).  There is annually 
appropriated from the general fund in the state treasury to the 
department of revenue the amounts necessary to make these 
payments in fiscal year 1987 and thereafter.  
    For the purposes of this subdivision, "full peak and 
limited off-peak service" means peak period service plus weekday 
midday service with a frequency of more than 60 minutes on the 
route with the greatest frequency; and "limited peak period 
service" means peak period service only.  
    Sec. 62.  Minnesota Statutes 1984, section 474.17, 
subdivision 3, is amended to read: 
    Subd. 3.  [ENERGY AND ECONOMIC DEVELOPMENT AUTHORITY 
ALLOCATION.] From January 1 to August 31 of calendar year 1984, 
$40,000,000 and for calendar year 1985 $60,000,000 of the 
aggregate limit of bond issuance authority allocated to the 
state pursuant to a federal limitation act is allocated to the 
energy and economic development authority for use or allocation 
pursuant to section 116J.58, subdivision 4, clause (2).  From 
September 1 to October 31 of each year, the energy and economic 
development authority or any entity which receives an allocation 
from the energy and economic development authority pursuant to 
section 116J.58, subdivision 4, clause (2), may retain its 
allocation or a portion of it only if it has submitted to the 
division of the energy and economic development authority 
responsible for administering Laws 1984, chapter 582, on or 
before September 1 a letter which states (a) its intent to issue 
obligations pursuant to its allocation or a portion of it before 
the end of the calendar year or within the time period permitted 
by a federal limitation act, and (b) a description of the 
specific project or projects for which the obligations will be 
issued, together with an application deposit in the amount of 
one percent of the amount of its remaining unused allocation or 
the portion of it pursuant to which it intends to issue 
obligations.  If the energy and economic development authority 
or any entity which receives an allocation from the energy and 
economic development authority pursuant to section 
116J.58, subdivision 4, clause (2), does not submit the required 
letter of intent and the application deposit, the amount 
originally allocated to the energy and economic development 
authority or any entity which receives an allocation from the 
energy and economic development authority pursuant to section 
116J.58, subdivision 4, clause (2), or the portion not already 
used and not subject to a letter of intent shall be canceled and 
subject to reallocation in accordance with section 472.09, 
subdivision 8 474.19.  If the energy and economic development 
authority or any entity which receives an allocation from the 
energy and economic development authority pursuant to section 
116J.58, subdivision 4, clause (2), returns for reallocation all 
or any part of its allocation on or before October 31, that 
portion of its application deposit equal to one percent of the 
amount returned shall be refunded within 30 days.  
    Sec. 63.  Minnesota Statutes 1984, section 474.19, 
subdivision 3, is amended to read: 
    Subd. 3.  [ALLOCATION CRITERIA.] The energy and economic 
development authority shall rank each application on the basis 
of the number of points awarded to it, with one point being 
awarded for each of the following criteria satisfied:  
    (1) The current rate of unemployment for the applicant is 
at or above 110 percent of the statewide average unemployment 
rate for the previous year, as determined by the department of 
economic security.  The unemployment rate for the applicant 
shall be the greater of (i) the most recent estimate available 
for the smallest jurisdiction which wholly includes the 
jurisdiction of the applicant, as reported by the department of 
economic security, or (ii) another estimate supplied by the 
applicant with respect to its jurisdiction, which is documented 
by the applicant. 
    (2) The number of individuals employed in the applicant's 
jurisdiction declined from the second calendar year before the 
application, to the first calendar year before the application. 
The estimate of the number of individuals employed for each year 
shall be based on the same source, and shall be (i) the most 
recent estimate available for the smallest jurisdiction which 
wholly includes the applicant, as reported by the department of 
economic security, or (ii) another estimate supplied by the 
applicant with respect to its jurisdiction, which is documented 
by the applicant.  
    (3) The number of jobs to be created by the project 
described in the application is at least 1/10 of one percent of 
the number of individuals employed in the applicant's 
jurisdiction in the first calendar year before the application 
as determined in the manner provided in clause (2). 
    (4) The number of jobs to be created by the project 
described in the application is at least two jobs for each 
$100,000 of issuance authority requested for the project.  
    (5) As of the date of application the total market value of 
all taxable property in the applicant's jurisdiction, as based 
on the most recent certification of assessed value to the 
commissioner of revenue, has either (i) declined in relation to 
the first calendar year before the certification, or (ii) 
increased in relation to the first calendar year before the 
certification at a rate which is not in excess of 90 percent of 
the rate of increase of the state average market value over the 
same period. 
    (6) The estimated market value of the project described in 
the application is at least one-half of one percent of the total 
market value of all taxable property in the applicant's 
jurisdiction as based on the most recent certification of 
assessed value to the commissioner of revenue.  
    (7) The project is wholly located in an enterprise zone 
designated pursuant to section 273.1312. 
    (8) The project site meets the criteria necessary to 
qualify as a tax increment redevelopment district as defined in 
section 273.73, subdivision 10.  To qualify under this clause 
the project need not be included in a tax increment financing 
district.  
    (9) The project meets one of the following energy 
conservation criteria:  (i) the project is eligible for the 
additional federal investment tax credits for energy property, 
(ii) the project involves construction or expansion of a 
district heating system as defined in section 116J.36, or (iii) 
the project involves construction of an alternative energy 
source as described in section 116J.26, clause (a), (b), or (d), 
or 116J.922 116M.03, subdivision 6 22 or 7 23. 
    (10) Ninety percent or more of the proceeds of the proposed 
obligations will be used for construction, installation, or 
addition of equipment used primarily to abate or control 
pollutants to meet or exceed state laws, rules, or standards. 
    (11) The project consists of the renovation, 
rehabilitation, or reconstruction of an existing building which 
is (i) located in a historic district designated under section 
138.73, or on a site listed in the state registry of historical 
sites under sections 138.53 to 138.5819; or (ii) designated in 
the National Register pursuant to United States Code, title 16, 
section 470a.  
    (12) Ninety percent or more of the proceeds of the proposed 
obligations will be used to finance facilities for waste 
management as defined in section 115A.03, subdivision 36, or 
solid waste as defined in section 116.06, subdivision 10.  
    (13) Service connections to sewer and water systems are 
available to the project at the time the application is 
submitted.  
    (14) The minority population in the applicant's 
jurisdiction is at least 110 percent of the statewide average as 
determined by the affirmative action division of the department 
of economic security according to the most recent census data.  
    (15) When the application is submitted either (a) neither 
the anticipated owner of the project, nor any party of which the 
owner was a controlling partner or shareholder, or which was a 
controlling shareholder or partner of the owner, owned or 
operated a substantially similar business within the state or 
(b) the project is an expansion of the operations of an existing 
business which is not likely to have the effect of transferring 
existing employment from one or more other municipalities within 
the state to the municipality in which the project is located.  
    (16) A controlling interest in the project will be owned by 
one or more women or minority persons.  
    (17) Seventy-five percent or more of the proceeds of the 
proposed issue will be used to rehabilitate an existing 
structure.  
    (18) At the time of application, the property on which the 
project is to be located is properly zoned for the proposed use. 
    (19) The bond issue involves a credit enhancement device 
providing additional security for bondholders involving 
commitments or fees to be paid by the issuer other than from 
bond proceeds.  No points shall be awarded for credit 
enhancement devices financed directly or indirectly by a 
private, for-profit party which has a financial interest in or 
is related to any party which has a financial interest in the 
project.  
    Sec. 64.  Minnesota Statutes 1984, section 474.19, 
subdivision 7, is amended to read: 
    Subd. 7.  [CARRYOVER ALLOCATION.] If prior to December 20 
of any year, an issuer determines that it will not issue 
obligations pursuant to authority allocated to it pursuant to 
this section or section 459.35 474.17 or 462.556 474.18 by the 
end of that year or within the time period permitted by a 
federal limitation act, the issuer may notify the energy and 
economic development authority and such amount will be available 
for reallocation pursuant to this subdivision.  In such case, 
the energy and economic development authority shall refund to 
the issuer within 30 days that portion of any application 
deposit equal to one-third of one percent of the amount returned 
for reallocation.  The amounts available for reallocation shall 
be allocated on or before December 31 of each year among issuers 
which have submitted an application by December 10, and which 
have certified that the project to which the application relates 
qualifies for carryover treatment of allocated authority 
according to the terms of a federal limitation act, such that 
obligations may be issued pursuant to such allocation of 
authority after the end of the year, without expiration of such 
authority.  If there is insufficient authority for allocation 
among applications received pursuant to this subdivision, 
allocation among them shall be made by lot unless otherwise 
agreed by the respective applicants.  
    Sec. 65.  Minnesota Statutes 1984, section 519.01, is 
amended to read: 
    519.01 [SEPARATE LEGAL EXISTENCE.] 
    Women shall retain the same legal existence and legal 
personality after marriage as before, and every married woman 
shall receive the same protection of all her rights as a woman 
which her husband does as a man, including the right to appeal 
to the courts in her own name alone for protection or redress; 
but this section shall not confer upon the wife a right to vote 
or hold office, except as is otherwise provided by law.  
    Sec. 66.  Minnesota Statutes 1984, section 525.619, is 
amended to read: 
    525.619 [POWERS AND DUTIES OF GUARDIAN OF MINOR.] 
    A guardian of a minor has the powers and responsibilities 
of a parent who has not been deprived of custody of his minor 
and unemancipated child, except that a guardian is not legally 
obligated to provide from his own funds for the ward.  In 
particular, and without qualifying the foregoing, a guardian has 
the following powers and duties: 
    (a) He must take reasonable care of his ward's personal 
effects and commence protective proceedings if necessary to 
protect other property of the ward. 
    (b) He may receive money payable for the support of the 
ward to the ward's parent, guardian or custodian under the terms 
of any statutory benefit or insurance system, or any private 
contract, devise, trust, conservatorship or custodianship.  He 
also may receive money or property of the ward paid or delivered 
by virtue of section 525.6196.  Any sums so received shall be 
applied to the ward's current needs for support, care and 
education.  He must exercise due care to conserve any excess for 
the ward's future needs unless a conservator has been appointed 
for the estate of the ward, in which case the excess shall be 
paid over at least annually to the conservator.  Sums so 
received by the guardian are not to be used for compensation for 
his services except as approved by order of court or as 
determined by a duly appointed conservator other than the 
guardian.  A guardian may institute proceedings to compel the 
performance by any person of a duty to support the ward or to 
pay sums for the welfare of the ward. 
    (c) The guardian is empowered to facilitate the ward's 
education, social, or other activities and to authorize medical 
or other professional care, treatment or advice.  A ward who is 
less than 16 years of age may be admitted to a treatment 
facility as an informal patient according to section 253B.04 but 
may not be committed to any state institution except pursuant to 
chapter 253B.  No guardian may give consent for psychosurgery, 
electroshock, sterilization or experimental treatment of any 
kind unless the procedure is first approved by the order of the 
court, after a hearing as prescribed by section 525.56, 
subdivision 2 3. 
    A guardian is not liable by reason of his consent for 
injury to the ward resulting from the negligence or acts of 
third persons unless it would have been illegal for a parent to 
have consented, or unless he fails to comply with the 
requirements of this section which provide that a court order is 
necessary for commitment and for certain types of medical 
procedures.  A guardian may consent to the marriage or adoption 
of his ward. 
    (d) A guardian must report the condition of his ward and of 
the ward's estate which has been subject to his possession or 
control, as ordered by the court on its own motion or on 
petition of any person interested in the minor's welfare and as 
required by court rule. 
    Sec. 67.  Minnesota Statutes 1984, section 571.41, 
subdivision 5b, is amended to read:  
    Subd. 5b.  [DUTY OF FINANCIAL INSTITUTION; EXEMPTION; 
OBJECTION.] Upon receipt of the garnishee summons and exemption 
notices, the financial institution shall attach and bind as much 
of the amount due under section 571.471 as the financial 
institution has on deposit owing to the judgment debtor.  Within 
two business days after receipt of the garnishee summons and 
exemption notices, the financial institution shall serve upon 
the judgment debtor two copies of the exemption notice.  The 
financial institution shall serve the notice by first class mail 
to the last known address of the judgment debtor.  If no claim 
of exemption is received by the financial institution within 14 
days after the exemption notices are mailed to the judgment 
debtor, the funds shall remain subject to the garnishment 
summons.  If the judgment debtor elects to claim an exemption, 
he shall complete the exemption notice, affix his signature 
under penalty of perjury, and deliver one copy to the financial 
institution and one copy to the judgment creditor within 14 days 
of the date postmarked on the correspondence mailed to the 
judgment debtor containing the exemption notices.  Failure of 
the judgment debtor to serve the executed exemption notice does 
not constitute a waiver of any right he may have to an 
exemption.  Upon timely receipt of a claim of exemption, funds 
not claimed to be exempt by the judgment debtor shall remain 
subject to the garnishment summons.  All money claimed to be 
exempt shall be released to the judgment debtor upon the 
expiration of seven days after the date postmarked on the 
correspondence containing the executed exemption notice mailed 
to the judgment creditor, or the date of personal delivery of 
the executed exemption notice to the judgment creditor, unless 
within that time the judgment creditor interposes an objection 
to the exemption.  Objection shall be interposed by mailing or 
delivering one copy of the written objection to the financial 
institution and one copy of the written objection to the 
judgment creditor debtor.  Upon receipt of a written objection 
from the judgment creditor within the specified seven-day 
period, the financial institution shall retain the funds claimed 
to be exempt.  Unless the financial institution receives a 
notice of motion and motion from the judgment debtor asserting 
exemption rights within ten days after receipt of the 
written objection to the exemption, the funds shall remain 
subject to the garnishment summons as if no claim of exemption 
has been made.  Either the judgment creditor or the judgment 
debtor may bring a motion to determine the validity of an 
exemption claim by following the procedure set out in 
subdivision 7.  If a notice of motion and motion to determine 
the validity of a claim of exemption is received by the 
financial institution within the period provided, the financial 
institution shall retain the funds claimed to be exempt until 
otherwise ordered by the court, or until the garnishment lapses 
pursuant to section 571.69.  However, at any time during the 
procedure specified in this subdivision, the judgment debtor or 
the judgment creditor may, by a writing dated subsequent to the 
service of the execution, direct the financial institution to 
release the funds in question to the other party.  Upon receipt 
of a release, the financial institution shall release the funds 
as directed.  
    Sec. 68.  [INSTRUCTION TO REVISOR.] 
    In Minnesota Statutes, the revisor of statutes shall 
replace the reference to chapter 16 listed in column B which 
occurs in the section specified in column A with the new 
reference listed in column C. 

  COLUMN A, section       COLUMN B, section     COLUMN C, section
  16A.124                      16.011               16B.01
  16B.15, subdivision 2        16                   16B
  44A.07, subdivision 2        16                   16B
  84.026                       16.098               16B.06
  116K.06                      16                   16B
  136.11, subdivision 5        16                   16B
  136.24                       16                   16B
  136.37                       16                   16B
  246.36                       16                   16B
    Sec. 69.  [INSTRUCTION TO REVISOR.] 
    In Minnesota Statutes, the revisor of statutes shall 
replace the reference to Minnesota Code of Agency Rules listed 
in column B which occurs in the section specified in column A 
with the new references to Minnesota Rules listed in column C.  

  COLUMN A, section        COLUMN B, section    COLUMN C, section
  105.416, subdivision 3   MHD 217 to 222       4725.1900 to
                                                4725.6500
  124.17, subdivision 2    5 MCAR 1.0120 B.11   3525.0200
  182.668, subdivision 1   8 MCAR 1.7001        5205.0010
  256B.25, subdivision 3   12 MCAR 2.036        9520.0500 to
                                                9520.0690
                           12 MCAR 2.035        9530.2500 to
                                                9530.4000
                           12 MCAR 2.005        9545.0900 to
                                                9545.1090
                           12 MCAR 2.008        9545.1400 to
                                                9545.1500
  256B.431, subdivision 4  12 MCAR 2.036        9520.0500 to
                                                9520.0690
  256B.433                 12 MCAR 2.047        9500.0750 to
                                                9500.1080
  256B.50                  12 MCAR 2.049        9510.0010 to
                                                9510.0480
    Sec. 70.  [INSTRUCTION TO REVISOR.] 
    In Minnesota Statutes, the revisor of statutes shall delete 
the term "regulation," "regulations," or similar terms when 
referring to administrative rules adopted on the state level and 
replace them with the terms "rule" or "rules" as appropriate in 
conformance with Laws 1975, chapter 380.  In the phrase "rules 
and regulations," the revisor shall delete "and regulations." 
    Sec. 71.  Laws 1977, chapter 434, section 4, is repealed.  
    Sec. 72.  Laws 1977, chapter 434, section 5, and Laws 1977, 
chapter 386, section 1, are repealed.  
    Sec. 73.  Laws 1978, chapter 772, section 8, is repealed.  
    Sec. 74.  Laws 1980, chapter 522, section 4, is repealed.  
    Sec. 75.  Laws 1983, chapter 222, section 14, is repealed. 
    Sec. 76.  Laws 1983, chapter 247, section 122, is repealed. 
    Sec. 77.  Laws 1983, chapter 247, section 176, is repealed. 
    Sec. 78.  Laws 1983, chapter 247, section 217, is repealed. 
    Sec. 79.  Laws 1983, chapter 253, section 19, is repealed. 
    Sec. 80.  Laws 1983, chapter 299, section 20, is repealed. 
    Sec. 81.  Laws 1983, chapter 301, section 220, is repealed. 
    Sec. 82.  Laws 1983, chapter 314, article 11, section 19, 
is repealed.  
    Sec. 83.  Laws 1983, chapter 359, section 149, is repealed. 
    Sec. 84.  Laws 1984, chapter 463, article 7, section 53, 
subdivision 2, is amended to read: 
    Subd. 2.  [DESEGREGATION VARIANCE.] The revisor of statutes 
shall replace Minnesota Rules, part 3525.0700 3535.0700, first 
paragraph, second sentence, with section 49. 
    Sec. 85.  Laws 1984, chapter 468, section 1, is repealed.  
    Sec. 86.  Laws 1984, chapter 471, section 14, is repealed. 
    Sec. 87.  Laws 1984, chapter 471, section 15, is repealed. 
    Sec. 88.  Laws 1984, chapter 471, section 16, is repealed. 
    Sec. 89.  Laws 1984, chapter 514, article 2, section 13, is 
repealed.  
     Sec. 90.  Laws 1984, chapter 541, section 1, is repealed. 
    Sec. 91.  Laws 1984, chapter 543, section 8, is repealed.  
    Sec. 92.  Laws 1984, chapter 618, section 59, is repealed. 
    Sec. 93.  That part of Laws 1984, chapter 629, section 2, 
that amends section 375.193, is repealed.  
    Sec. 94.  Laws 1984, chapter 638, section 3, is repealed.  
    Sec. 95.  Laws 1984, chapter 654, article 2, section 118, 
is repealed. 
    Approved May 28, 1985

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