MN Legislature

Accessibility menu

Session laws use visual text formatting such as stricken text to denote deleted language, and underlined text to denote new language. For users of the jaws screenreader it is recommended to configure jaws to use the proofreading scheme which will alter the pitch of the reading voice when reading stricken and underlined text. Instructions for configuring your jaws reader are provided by following this link.
If you can not or do not wish to configure your screen reader, deleted language will begin with the phrase "deleted text begin" and be followed by the phrase "deleted text end", new language will begin with the phrase "new text begin" and be followed by "new text end". Skip to text of Chapter 254.

Menu

Revisor of Statutes Menu

Authenticate

Pdf

1998 Minnesota Session Laws

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

                            CHAPTER 254-H.F.No. 2524 
                  An act relating to Minnesota Statutes; correcting 
                  erroneous, ambiguous, and omitted text and obsolete 
                  references; eliminating certain redundant, 
                  conflicting, unconstitutional, and superseded 
                  provisions; making miscellaneous technical corrections 
                  to statutes and other laws; amending Minnesota 
                  Statutes 1996, sections 3C.08, subdivision 1; 3C.12, 
                  subdivision 4; 10A.01, subdivision 19; 10A.323; 
                  11A.04; 14.47, subdivision 3; 15A.082, subdivisions 1 
                  and 3; 16B.51, subdivision 1; 32.70, subdivisions 2 
                  and 10; 47.27, subdivision 1; 47.325; 48.846, 
                  subdivision 3; 62J.17, subdivision 2; 62Q.03, 
                  subdivision 6; 82A.11, subdivision 5; 97A.0455, 
                  subdivision 2; 115A.191, subdivisions 2 and 4; 
                  115B.17, subdivision 6; 115B.25, subdivision 7a; 
                  127.09; 127.17, subdivision 4; 134A.01; 144.651, 
                  subdivision 1; 144A.45, subdivision 2; 144A.46, 
                  subdivision 4; 144A.48, subdivision 2; 145.698, 
                  subdivision 1; 145C.01, subdivision 7; 147.02, 
                  subdivision 1; 147B.01, subdivisions 5, 12, and 16; 
                  147B.02, subdivisions 4, 7, 9, and 12; 147B.03, 
                  subdivisions 1 and 4; 147B.05, subdivision 1; 148B.21, 
                  subdivisions 1 and 8; 148B.24; 148B.27, subdivision 
                  2b; 154.161, subdivision 4; 157.17, subdivision 3; 
                  164.08, subdivision 3; 169.421, subdivisions 5 and 7; 
                  169.792, subdivision 7; 169.86, subdivision 1; 
                  169.871, subdivision 2; 169.965, subdivision 3; 
                  169.966, subdivision 3; 169.971, subdivision 4; 
                  169.99, subdivision 3; 190.08, subdivision 6; 204B.11, 
                  subdivisions 1 and 2; 204B.34, subdivision 3; 204C.35, 
                  subdivision 2; 204D.02, subdivision 1; 204D.08, 
                  subdivision 6; 205A.10, subdivision 2; 206.90, 
                  subdivision 3; 216C.01, subdivision 1; 256.9657, 
                  subdivisions 1a and 7; 257.022, subdivisions 1 and 2a; 
                  257.59, subdivision 1; 268.027; 273.13, subdivision 1; 
                  273.1398, subdivision 6; 273.166, subdivision 2; 
                  284.07; 325F.692, subdivision 2; 345.02; 345.03; 
                  345.14; 346.04; 346.55, subdivision 2; 347.04; 353.01, 
                  subdivision 2a; 383A.281, subdivision 13; 383A.286, 
                  subdivision 2; 383A.404, subdivision 4; 383B.054, 
                  subdivision 6; 383B.057; 383B.121, subdivision 1; 
                  383B.129; 383B.225, subdivision 10; 393.07, 
                  subdivision 9; 395.23; 448.56, subdivision 2; 458D.15; 
                  462.16; 465.48; 473.191, subdivision 2; 473.197, 
                  subdivision 2; 473.608, subdivision 17; 477A.011, 
                  subdivision 27; 477A.0132, subdivision 3; 477A.014, 
                  subdivisions 1 and 3; 480.052; 480.054; 480.055, 
                  subdivision 1; 480.059, subdivision 2; 480.0591, 
                  subdivision 2; 480.19; 484.66, subdivision 2; 485.01; 
                  517.08, subdivision 1b; 550.07; 559.211, subdivision 
                  1; 566.175, subdivision 1; 574.18; 574.34, subdivision 
                  2; 574.35; 611A.21, subdivision 2; 611A.25, 
                  subdivision 1; 617.27; 624.7131, subdivision 8; 
                  624.7132, subdivision 13; 624.714, subdivision 12; 
                  625.01; 626.21; 630.17; 631.04; 643.01; and 643.02; 
                  Minnesota Statutes 1997 Supplement, sections 15.0591, 
                  subdivision 2; 62J.04, subdivision 3; 62J.61, 
                  subdivision 2; 62Q.01, subdivision 3; 85A.02, 
                  subdivision 5b; 115.58, subdivision 2; 119A.15, 
                  subdivision 5a; 144A.45, subdivision 1; 144A.4605, 
                  subdivisions 3 and 4; 148B.20, subdivision 1; 157.17, 
                  subdivision 2; 161.14, subdivision 41; 169.121, 
                  subdivision 3e; 169.123, subdivision 6; 244.09, 
                  subdivision 5; 260.015, subdivision 29; 268.145, 
                  subdivision 1; 274.01, subdivision 1; 275.011, 
                  subdivision 1; 275.065, subdivision 6; 297A.48, 
                  subdivisions 1 and 10; 325D.32, subdivision 4; 
                  325D.415; 326.921; 473.249, subdivision 1; 477A.011, 
                  subdivision 34; 552.04, subdivision 1; 609.749, 
                  subdivision 2; 609.7495, subdivision 1; and 611A.74, 
                  subdivision 1a; repealing Minnesota Statutes 1996, 
                  sections 13.99, subdivision 19g; 148.976; 157.17, 
                  subdivision 4; 256.9657, subdivision 1b; 256E.06, 
                  subdivision 9; 458D.14, subdivision 2; and 484.015; 
                  Laws 1997, chapter 12, article 3, sections 2 and 3; 
                  chapter 187, article 2, sections 11 and 12; chapter 
                  219, section 3; chapter 225, article 2, sections 24, 
                  25, 26, 27, and 28; chapter 226, section 10; and 
                  chapter 239, article 7, section 37.  
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
                                   ARTICLE 1 
                                    GENERAL 
           Section 1.  Minnesota Statutes 1996, section 10A.323, is 
        amended to read: 
           10A.323 [MATCHING REQUIREMENTS.] 
           In addition to the requirements of section 10A.322, to be 
        eligible to receive a public subsidy under section 10A.31 or 
        10A.312 a candidate or the candidate's treasurer shall file an 
        affidavit with the board stating that during that calendar year 
        the candidate has accumulated contributions from persons 
        eligible to vote in this state in the amount indicated for the 
        office sought, counting only the first $50 received from each 
        contributor: 
           (1) candidates for governor and lieutenant governor running 
        together, $35,000; 
           (2) candidates for attorney general, $15,000; 
           (3) candidates for secretary of state, state treasurer, and 
        state auditor, separately, $6,000; 
           (4) candidates for the senate, $3,000; and 
           (5) candidates for the house of representatives, $1,500. 
           To be eligible to receive a public matching subsidy under 
        section 10A.312, The affidavit must state the total amount of 
        contributions that have been received from persons eligible to 
        vote in this state and the total amount of those contributions 
        received, disregarding the portion of any contribution in excess 
        of $50.  
           The candidate or the candidate's treasurer shall submit the 
        affidavit required by this section to the board in writing by 
        September 1 of the general election year to receive the payment 
        based on the results of the primary election, by September 15 to 
        receive the payment made October 1, by October 1 to receive the 
        payment made October 15, by November 1 to receive the payment 
        made November 15, and by December 1 to receive the payment made 
        December 15. 
           Sec. 2.  Minnesota Statutes 1996, section 11A.04, is 
        amended to read: 
           11A.04 [DUTIES AND POWERS.] 
           The state board shall: 
           (1) Act as trustees for each fund for which it invests or 
        manages money in accordance with the standard of care set forth 
        in section 11A.09 if state assets are involved and in accordance 
        with chapter 356A if pension assets are involved. 
           (2) Formulate policies and procedures deemed necessary and 
        appropriate to carry out its functions.  Procedures adopted by 
        the board must allow fund beneficiaries and members of the 
        public to become informed of proposed board actions.  Procedures 
        and policies of the board are not subject to the administrative 
        procedure act. 
           (3) Employ an executive director as provided in section 
        11A.07. 
           (4) Employ investment advisors and consultants as it deems 
        necessary. 
           (5) Prescribe policies concerning personal investments of 
        all employees of the board to prevent conflicts of interest. 
           (6) Maintain a record of its proceedings. 
           (7) As it deems necessary, establish advisory committees 
        subject to section 15.059 to assist the board in carrying out 
        its duties. 
           (8) Not permit state funds to be used for the underwriting 
        or direct purchase of municipal securities from the issuer or 
        the issuer's agent. 
           (9) Direct the state treasurer to sell property other than 
        money that has escheated to the state when the board determines 
        that sale of the property is in the best interest of the state.  
        Escheated property must be sold to the highest bidder in the 
        manner and upon terms and conditions prescribed by the board. 
           (10) Undertake any other activities necessary to implement 
        the duties and powers set forth in this section. 
           (11) Establish a formula or formulas to measure management 
        performance and return on investment.  Except as provided by 
        section 356.218, Public pension funds in the state shall utilize 
        the formula or formulas developed by the state board. 
           (12) Except as otherwise provided in article XI, section 8, 
        of the constitution of the state of Minnesota, employ, at its 
        discretion, qualified private firms to invest and manage the 
        assets of funds over which the state board has investment 
        management responsibility.  There is annually appropriated to 
        the state board, from the assets of the funds for which the 
        state board utilizes a private investment manager, sums 
        sufficient to pay the costs of employing private firms.  Each 
        year, by January 15, the board shall report to the governor and 
        legislature on the cost and the investment performance of each 
        investment manager employed by the board.  
           (13) Adopt an investment policy statement that includes 
        investment objectives, asset allocation, and the investment 
        management structure for the retirement fund assets under its 
        control.  The statement may be revised at the discretion of the 
        state board.  The state board shall seek the advice of the 
        council regarding its investment policy statement.  Adoption of 
        the statement is not subject to chapter 14. 
           Sec. 3.  [REPEALER; SECTION 13.99.] 
           Minnesota Statutes 1996, section 13.99, subdivision 19g, is 
        repealed. 
           Sec. 4.  Minnesota Statutes 1996, section 14.47, 
        subdivision 3, is amended to read: 
           Subd. 3.  [SOURCE OF TEXT.] In order to ensure that the 
        complete text of rules is included in the first compilation 
        published pursuant to subdivision 1, clause (2), and containing 
        the revisor's certificate, the revisor may use the Minnesota 
        Code of Agency Rules, the State Register, the rule files of the 
        secretary of state, the files of individual agencies, the 
        records of the administrative law judge's office, and the 
        records of the attorney general.  The revisor is not required to 
        compare the text of a rule as shown by the other possible source 
        documents with the text of the rule in the secretary of state's 
        file. 
           If any comparison of documents shows there is a material 
        discrepancy in the text of the rule, the revisor shall include 
        in Minnesota Rules the text in the secretary of state's files 
        unless the discrepancy between the secretary of state's files 
        and any of the other documents is the result of an obvious 
        unintentional omission or clerical error.  The text published by 
        the revisor shall correct those omissions and errors.  The 
        revisor shall add an appropriate footnote describing the 
        apparent discrepancy in text.  Before publication of Minnesota 
        Rules, the revisor shall also notify the agency whose rules are 
        affected, the attorney general, the chief administrative law 
        judge, and the legislative coordinating commission to review 
        administrative rules about the omission or error. 
           If any comparison of documents shows that a rule has been 
        filed with the secretary of state but apparently has not been 
        published in the State Register as required by law the revisor 
        may, unless the attorney general objects, include the rule in 
        Minnesota Rules or omit the rule if the rule was a repeal but 
        shall add an appropriate footnote describing the apparent 
        fault.  Before publication of Minnesota Rules, the revisor shall 
        notify the agency whose rules are affected, the attorney 
        general, the chief administrative law judge, and the legislative 
        commission to review administrative rules about the apparent 
        lack of publication. 
           If a comparison of documents shows that a rule as adopted 
        in the State Register has apparently not been filed with the 
        secretary of state, the revisor may not publish the rule in 
        Minnesota Rules unless the attorney general approves the 
        publication.  Before publication of Minnesota Rules the revisor 
        shall notify the agency affected, the attorney general, the 
        chief administrative law judge and the legislative commission to 
        review administrative rules of the apparent lack of filing of 
        the rule.  If the revisor publishes the rule, the revisor shall 
        add an appropriate footnote describing the apparent lack of 
        filing. 
           Sec. 5.  Minnesota Statutes 1997 Supplement, section 
        15.0591, subdivision 2, is amended to read: 
           Subd. 2.  [BODIES AFFECTED.] A member meeting the 
        qualifications in subdivision 1 must be appointed to the 
        following boards, commissions, advisory councils, task forces, 
        or committees:  
           (1) advisory council on battered women; 
           (2) advisory task force on the use of state facilities; 
           (3) alcohol and other drug abuse advisory council; 
           (4) board of examiners for nursing home administrators; 
           (5) board on aging; 
           (6) chiropractic examiners board; 
           (7) consumer advisory council on vocational rehabilitation; 
           (8) council on disability; 
           (9) council on affairs of Chicano/Latino people; 
           (10) council on Black Minnesotans; 
           (11) dentistry board; 
           (12) department of economic security advisory council; 
           (13) higher education services office; 
           (14) housing finance agency; 
           (15) Indian advisory council on chemical dependency; 
           (16) medical practice board; 
           (17) medical policy directional task force on mental 
        health; 
           (18) Minnesota employment and economic development task 
        force; 
           (19) Minnesota office of citizenship and volunteer services 
        advisory committee; 
           (20) Minnesota state arts board; 
           (21) mortuary sciences advisory council; 
           (22) nursing board; 
           (23) (22) optometry board; 
           (24) (23) pharmacy board; 
           (25) (24) physical therapists council; 
           (26) (25) podiatry board; 
           (27) (26) psychology board; 
           (28) (27) veterans advisory committee. 
           Sec. 6.  Minnesota Statutes 1996, section 16B.51, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SUPERVISION BY COMMISSIONER.] The 
        commissioner shall supervise and control the making and 
        distribution of all reports and other publications of all kinds 
        issued by the state and state agencies when not otherwise 
        prescribed by law.  The commissioner shall also prescribe the 
        manner and form of issuing reports required by sections 8.08; 
        16A.50; 35.03; 129D.02, subdivision 5; 256.01; 268.12, 
        subdivision 2; 299C.18; and 360.015, subdivision 17. 
           Sec. 7.  Minnesota Statutes 1996, section 32.70, 
        subdivision 2, is amended to read: 
           Subd. 2.  [BASIC COST.] (a) "Basic cost" for a processor 
        means the actual cost of the raw milk plus 75 percent of the 
        actual processing and handling costs for a selected class I or 
        class II dairy product. 
           (b) "Basic cost" for a wholesaler means the actual cost of 
        the selected class I or class II dairy product purchased from 
        the processor or another wholesaler.  Basic cost for a 
        wholesaler does not include any part of an over-order premium 
        assessment under section 32.73. 
           (c) "Basic cost" for a retailer means the actual cost of 
        the selected class I or class II dairy product purchased from a 
        processor or wholesaler.  Basic cost for a retailer does not 
        include any part of an over-order premium assessment under 
        section 32.73. 
           Sec. 8.  Minnesota Statutes 1996, section 32.70, 
        subdivision 10, is amended to read: 
           Subd. 10.  [SELL AT WHOLESALE; SALE AT WHOLESALE; WHOLESALE 
        SALES.] "Sell at wholesale," "sale at wholesale," and "wholesale 
        sales" mean sale or offer for sale of a selected class I dairy 
        product for purposes of resale or further processing or 
        manufacturing, but does not include a producer selling or 
        delivering milk to a processor.  A delivery of selected class I 
        dairy products to a retailer in Minnesota is a "sale at 
        wholesale" if an assessment required under section 32.73 has not 
        been paid. 
           Sec. 9.  Minnesota Statutes 1996, section 47.27, 
        subdivision 1, is amended to read: 
           Subdivision 1.  Unless the language or context clearly 
        indicates that a different meaning is intended, the words, 
        terms, and phrases defined in subdivisions 2, 3 and 4, shall, 
        for the purposes of sections 47.27 to 47.32 47.30, be given the 
        meanings subjoined to them.  
           Sec. 10.  Minnesota Statutes 1996, section 47.325, is 
        amended to read: 
           47.325 [APPEAL AND JUDICIAL REVIEW.] 
           A savings bank aggrieved by any action or inaction of the 
        commissioner under sections 47.27 to 47.32 47.30 may appeal 
        under sections 14.63 to 14.69.  The scope of judicial review in 
        the proceedings is as provided in those sections. 
           Sec. 11.  Minnesota Statutes 1997 Supplement, section 
        62J.04, subdivision 3, is amended to read: 
           Subd. 3.  [COST CONTAINMENT DUTIES.] After obtaining the 
        advice and recommendations of the Minnesota health care 
        commission, the commissioner shall: 
           (1) establish statewide and regional cost containment goals 
        for total health care spending under this section and collect 
        data as described in sections 62J.37 62J.38 to 62J.41 to monitor 
        statewide achievement of the cost containment goals; 
           (2) divide the state into no fewer than four regions, with 
        one of those regions being the Minneapolis/St. Paul metropolitan 
        statistical area but excluding Chisago, Isanti, Wright, and 
        Sherburne counties, for purposes of fostering the development of 
        regional health planning and coordination of health care 
        delivery among regional health care systems and working to 
        achieve the cost containment goals; 
           (3) provide technical assistance to regional coordinating 
        boards; 
           (4) monitor the quality of health care throughout the state 
        and take action as necessary to ensure an appropriate level of 
        quality; 
           (5) issue recommendations regarding uniform billing forms, 
        uniform electronic billing procedures and data interchanges, 
        patient identification cards, and other uniform claims and 
        administrative procedures for health care providers and private 
        and public sector payers.  In developing the recommendations, 
        the commissioner shall review the work of the work group on 
        electronic data interchange (WEDI) and the American National 
        Standards Institute (ANSI) at the national level, and the work 
        being done at the state and local level.  The commissioner may 
        adopt rules requiring the use of the Uniform Bill 82/92 form, 
        the National Council of Prescription Drug Providers (NCPDP) 3.2 
        electronic version, the Health Care Financing Administration 
        1500 form, or other standardized forms or procedures; 
           (6) undertake health planning responsibilities as provided 
        in section 62J.15; 
           (7) authorize, fund, or promote research and 
        experimentation on new technologies and health care procedures; 
           (8) within the limits of appropriations for these purposes, 
        administer or contract for statewide consumer education and 
        wellness programs that will improve the health of Minnesotans 
        and increase individual responsibility relating to personal 
        health and the delivery of health care services, undertake 
        prevention programs including initiatives to improve birth 
        outcomes, expand childhood immunization efforts, and provide 
        start-up grants for worksite wellness programs; 
           (9) undertake other activities to monitor and oversee the 
        delivery of health care services in Minnesota with the goal of 
        improving affordability, quality, and accessibility of health 
        care for all Minnesotans; and 
           (10) make the cost containment goal data available to the 
        public in a consumer-oriented manner. 
           Sec. 12.  Minnesota Statutes 1996, section 62J.17, 
        subdivision 2, is amended to read: 
           Subd. 2.  [DEFINITIONS.] For purposes of this section, the 
        terms defined in this subdivision have the meanings given. 
           (a)  [ACCESS.] "Access" has the meaning given in section 
        62J.2912, subdivision 2 means the financial, temporal, and 
        geographic availability of health care to individuals who need 
        it. 
           (b)  [CAPITAL EXPENDITURE.] "Capital expenditure" means an 
        expenditure which, under generally accepted accounting 
        principles, is not properly chargeable as an expense of 
        operation and maintenance. 
           (c)  [COST.] "Cost" means the amount paid by consumers or 
        third party payers for health care services or products. 
           (d)  [DATE OF THE MAJOR SPENDING COMMITMENT.] "Date of the 
        major spending commitment" means the date the provider formally 
        obligated itself to the major spending commitment.  The 
        obligation may be incurred by entering into a contract, making a 
        down payment, issuing bonds or entering a loan agreement to 
        provide financing for the major spending commitment, or taking 
        some other formal, tangible action evidencing the provider's 
        intention to make the major spending commitment.  
           (e)  [HEALTH CARE SERVICE.] "Health care service" means: 
           (1) a service or item that would be covered by the medical 
        assistance program under chapter 256B if provided in accordance 
        with medical assistance requirements to an eligible medical 
        assistance recipient; and 
           (2) a service or item that would be covered by medical 
        assistance except that it is characterized as experimental, 
        cosmetic, or voluntary. 
           "Health care service" does not include retail, 
        over-the-counter sales of nonprescription drugs and other retail 
        sales of health-related products that are not generally paid for 
        by medical assistance and other third-party coverage. 
           (f)  [MAJOR SPENDING COMMITMENT.] "Major spending 
        commitment" means an expenditure in excess of $500,000 for: 
           (1) acquisition of a unit of medical equipment; 
           (2) a capital expenditure for a single project for the 
        purposes of providing health care services, other than for the 
        acquisition of medical equipment; 
           (3) offering a new specialized service not offered before; 
           (4) planning for an activity that would qualify as a major 
        spending commitment under this paragraph; or 
           (5) a project involving a combination of two or more of the 
        activities in clauses (1) to (4). 
           The cost of acquisition of medical equipment, and the 
        amount of a capital expenditure, is the total cost to the 
        provider regardless of whether the cost is distributed over time 
        through a lease arrangement or other financing or payment 
        mechanism.  
           (g)  [MEDICAL EQUIPMENT.] "Medical equipment" means fixed 
        and movable equipment that is used by a provider in the 
        provision of a health care service.  "Medical equipment" 
        includes, but is not limited to, the following: 
           (1) an extracorporeal shock wave lithotripter; 
           (2) a computerized axial tomography (CAT) scanner; 
           (3) a magnetic resonance imaging (MRI) unit; 
           (4) a positron emission tomography (PET) scanner; and 
           (5) emergency and nonemergency medical transportation 
        equipment and vehicles. 
           (h)  [NEW SPECIALIZED SERVICE.] "New specialized service" 
        means a specialized health care procedure or treatment regimen 
        offered by a provider that was not previously offered by the 
        provider, including, but not limited to:  
           (1) cardiac catheterization services involving high-risk 
        patients as defined in the Guidelines for Coronary Angiography 
        established by the American Heart Association and the American 
        College of Cardiology; 
           (2) heart, heart-lung, liver, kidney, bowel, or pancreas 
        transplantation service, or any other service for 
        transplantation of any other organ; 
           (3) megavoltage radiation therapy; 
           (4) open heart surgery; 
           (5) neonatal intensive care services; and 
           (6) any new medical technology for which premarket approval 
        has been granted by the United States Food and Drug 
        Administration, excluding implantable and wearable devices. 
           Sec. 13.  [REPEALER; SECTIONS 62J.2914, 62J.2915, 62J.2916, 
        62J.2917, and 62J.2921 CONFLICT.] 
           Laws 1997, chapter 225, article 2, sections 24, 25, 26, 27, 
        and 28, are repealed. 
           Sec. 14.  Minnesota Statutes 1997 Supplement, section 
        62J.61, subdivision 2, is amended to read: 
           Subd. 2.  [PROCEDURE.] (a) The commissioner shall publish 
        proposed rules in the State Register or, if the commissioner 
        determines that publishing the text of the proposed rules would 
        be unduly cumbersome, shall publish notice of the proposed rules 
        that contains a detailed description of the rules along with a 
        statement that a free copy of the entire set of rules is 
        available upon request to the agency. 
           (b) Interested parties have 30 days to comment on the 
        proposed rules.  After the commissioner has considered all 
        comments, the commissioner shall publish notice in the State 
        Register that the rules have been adopted 30 days before they 
        are to take effect. 
           (c) If the adopted rules are the same as the proposed 
        rules, the notice shall state that the rules have been adopted 
        as proposed and shall cite the prior publication.  If the 
        adopted rules differ from the proposed rules, the portions of 
        the adopted rules which differ from the proposed rules shall be 
        included in the notice of adoption together with a citation to 
        the prior State Register that contained the notice of the 
        proposed rules. 
           (d) The commissioner may use rulemaking to implement the 
        remainder of this article sections 62J.54, subdivision 4, 
        62J.55, and 62J.60. 
           Sec. 15.  Minnesota Statutes 1997 Supplement, section 
        62Q.01, subdivision 3, is amended to read: 
           Subd. 3.  [HEALTH PLAN.] "Health plan" means a health plan 
        as defined in section 62A.011; or a policy, contract, or 
        certificate issued by a community integrated service network. 
           Sec. 16.  Minnesota Statutes 1996, section 62Q.03, 
        subdivision 6, is amended to read: 
           Subd. 6.  [CREATION OF RISK ADJUSTMENT ASSOCIATION.] The 
        Minnesota risk adjustment association is created on July 1, 
        1994, and may operate as a nonprofit unincorporated association, 
        but is authorized to incorporate under chapter 317A. 
           The provisions of this chapter govern if the provisions of 
        chapter 317A conflict with this chapter.  The association may 
        operate under the approved plan of operation and shall be 
        governed in accordance with this chapter and may operate in 
        accordance with chapter 317A.  If the association incorporates 
        as a nonprofit corporation under chapter 317A, the filing of the 
        plan of operation meets the requirements of filing articles of 
        incorporation. 
           The association, its transactions, and all property owned 
        by it are exempt from taxation under the laws of this state or 
        any of its subdivisions, including, but not limited to, income 
        tax, sales tax, use tax, and property tax.  The association may 
        seek exemption from payment of all fees and taxes levied by the 
        federal government.  Except as otherwise provided in this 
        chapter, the association is not subject to the provisions of 
        chapters 14, 60A, and 62A, and 62P.  The association is not a 
        public employer and is not subject to the provisions of chapters 
        179A and 353.  The board of directors and health carriers who 
        are members of the association are exempt from sections 325D.49 
        to 325D.66 in the performance of their duties as directors and 
        members of the association.  The risk adjustment association is 
        subject to the open meeting law. 
           Sec. 17.  Minnesota Statutes 1996, section 82A.11, 
        subdivision 5, is amended to read: 
           Subd. 5.  [NOTICE.] Each membership camping contract shall 
        contain the following notice which shall be in at least 10-point 
        type, stating:  
           "You are entitled to rescind this agreement for any reason 
        within three calendar five business days from the day you 
        actually receive a legible copy of this document signed by all 
        parties.  The rescission must be in writing and sent by 
        certified mail to the membership camping operator along with 
        this agreement and any membership card issued to you or your 
        family at the address stated in this document.  Upon rescission, 
        you will receive a refund of all money paid within 30 days after 
        the membership camping operator receives notice of your 
        rescission." 
           The operator or broker may impose a fee of not more than 
        $25 for processing of a rescission.  If the operator or broker 
        does so, it shall add the following clause to the notice:  
        "provided that the membership camping operator (or broker, if 
        the seller is a broker) may retain a processing fee of $......," 
        and insert the amount of the charge to be imposed.  
           In the event the membership camping contract is sold by a 
        broker or the broker's salesperson, the above notice shall be 
        modified to substitute the name of the broker for "membership 
        camping operator." 
           Sec. 18.  [REPEALER; SECTION 84.873 CONFLICT.] 
           Laws 1997, chapter 226, section 10, is repealed. 
           Sec. 19.  [REPEALER; SECTION 84.912 CONFLICT.] 
           Laws 1997, chapter 12, article 3, section 2, is repealed. 
           Sec. 20.  Minnesota Statutes 1997 Supplement, section 
        85A.02, subdivision 5b, is amended to read: 
           Subd. 5b.  [EXEMPTIONS.] The board is not subject to 
        sections 3.841 to 3.845 3.843, 15.057, 15.061, 16A.1285, and 
        16A.28; chapter 16B, except for sections 16B.07, 16B.102, 
        16B.17, 16B.19, 16B.35, and 16B.55; and chapter 14, except 
        section 14.386, paragraph (a), clauses (1) and (3).  Section 
        14.386, paragraph (b), does not apply to the board's actions. 
           Sec. 21.  [REPEALER; SECTION 86B.337 CONFLICT.] 
           Laws 1997, chapter 12, article 3, section 3, is repealed. 
           Sec. 22.  Minnesota Statutes 1996, section 97A.0455, 
        subdivision 2, is amended to read: 
           Subd. 2.  [REVIEW.] The attorney general shall review the 
        proposed emergency rule as to its legality, review its form to 
        the extent the form relates to legality, and shall approve or 
        disapprove the proposed emergency rule and any modifications on 
        the tenth working day following the date of receipt of the 
        proposed emergency rule from the commissioner.  The attorney 
        general shall send a statement of reasons for disapproval of the 
        rule to the commissioner, the chief administrative law judge, 
        the legislative coordinating commission to review administrative 
        rules, and to the revisor of statutes. 
           The attorney general shall disregard any error or defect in 
        the proceeding due to the commissioner's failure to satisfy any 
        procedural requirement imposed by law or rule if the attorney 
        general finds: 
           (1) that the failure did not deprive any person or entity 
        of an opportunity to participate meaningfully in the rulemaking 
        process; or 
           (2) that the commissioner has taken corrective action to 
        cure the error or defect so that the failure did not deprive any 
        person or entity of an opportunity to participate meaningfully 
        in the rulemaking process. 
           Sec. 23.  Minnesota Statutes 1997 Supplement, section 
        115.58, subdivision 2, is amended to read: 
           Subd. 2.  [AREAWIDE PERMIT.] The agency may issue an 
        areawide permit for alternative discharging sewage systems, 
        where the systems: 
           (1) the systems meet all applicable federal and state 
        standards for treatment and discharge of sewage effluents by the 
        agency; 
           (2) the systems are part of a water quality treatment and 
        management plan to prevent, eliminate, or reduce water pollution 
        within a defined geographic area; 
           (3) the systems are owned or controlled by a water quality 
        cooperative; and 
           (4) the water quality cooperative has a service agreement 
        with a local unit of government to provide water quality 
        treatment and management services for the area under section 
        471A.03. 
           Sec. 24.  Minnesota Statutes 1996, section 115A.191, 
        subdivision 2, is amended to read: 
           Subd. 2.  [RESOLUTION OF INTEREST IN NEGOTIATING; 
        ELIGIBILITY.] A county is eligible to negotiate a contract under 
        this section if the county board files with the office and the 
        office accepts a resolution adopted by the county board that 
        expresses the county board's interest in negotiations and its 
        willingness to accept the preliminary evaluation of one or more 
        study areas in the county for consideration as a location of a 
        stabilization and containment facility.  The county board 
        resolution expressing interest in negotiations must provide for 
        county cooperation with the office, as necessary to facilitate 
        the evaluation of study areas in the county, and for the 
        appointment of a member of the county board or an officer or 
        employee of the county as official liaison with the office with 
        respect to the matters provided in the resolution and future 
        negotiations with the office.  A county board by resolution may 
        withdraw a resolution of interest, and the office may withdraw 
        its acceptance of such a resolution, at any time before the 
        parties execute a contract under this section.  A county that is 
        eligible to negotiate a contract shall receive the benefits as 
        provided in section 477A.012. 
           Sec. 25.  Minnesota Statutes 1996, section 115A.191, 
        subdivision 4, is amended to read: 
           Subd. 4.  [REQUIREMENTS OF CONTRACT.] A contract between 
        the office and a county must include provisions by which: 
           (a) the state, acting through the office, agrees to 
        implement the terms of the contract and provide the benefits and 
        implement the procedures and practices agreed upon pursuant to 
        subdivision 5; 
           (b) the state, acting through the office, agrees to provide 
        benefits to the county under section 477A.012; and 
           (c) (b) the county agrees that the study area or areas in 
        the county that have been determined by the office to be 
        appropriate for preparation of an environmental impact statement 
        are subject to evaluation and selection by the office as 
        provided in section 115A.194. 
           After executing the contract, the study areas identified in 
        the contract remain subject to the provisions of section 
        115A.194 until the study areas are dismissed from further 
        consideration by the office. 
           Sec. 26.  Minnesota Statutes 1996, section 115B.17, 
        subdivision 6, is amended to read: 
           Subd. 6.  [RECOVERY OF EXPENSES.] Any reasonable and 
        necessary expenses incurred by the agency or commissioner 
        pursuant to this section, including all response costs, and 
        administrative and legal expenses, may be recovered in a civil 
        action brought by the attorney general against any person who 
        may be liable under section 115B.04 or any other law.  The 
        agency's certification of expenses shall be prima facie evidence 
        that the expenses are reasonable and necessary.  Any expenses 
        incurred pursuant to this section which are recovered by the 
        attorney general pursuant to section 115B.04 or any other law, 
        including any award of attorneys fees, shall be deposited in the 
        fund and credited to a special account for additional response 
        actions as provided in section 115B.20, subdivision 2, clause 
        (b) (2) or (d) (4). 
           Sec. 27.  Minnesota Statutes 1996, section 115B.25, 
        subdivision 7a, is amended to read: 
           Subd. 7a.  [HARMFUL SUBSTANCE.] "Harmful substance" means: 
           (1) any commercial chemical designated under the Federal 
        Water Pollution Control Act, United States Code, title 33, 
        section 1321(b)(2)(A); 
           (2) any hazardous air pollutant listed under the Clean Air 
        Act, United States Code, title 42, section 7412; 
           (3) any hazardous waste; 
           (4) petroleum as defined in section 115C.02, subdivision 
        10; and 
           (5) pesticide as defined in chapter 18B, or fertilizer, 
        plant amendment, or soil amendment as defined in chapter 17 18C. 
           Sec. 28.  Minnesota Statutes 1997 Supplement, section 
        119A.15, subdivision 5a, is amended to read: 
           Subd. 5a.  [EXCLUDED PROGRAMS.] Programs transferred to the 
        department of children, families, and learning from the 
        department of economic security may not be included in the 
        consolidated funding account and are ineligible for local 
        consolidation.  The commissioner may not apply for federal 
        waivers to include these programs in funding consolidation 
        initiatives.  The programs include the following: 
           (1) programs for the homeless under sections 268.365, and 
        268.38, and 268.39; 
           (2) emergency energy assistance and energy conservation 
        programs under sections 4.071 and 268.371; 
           (3) weatherization programs under section 268.37; 
           (4) foodshelf programs under section 268.55 and the 
        emergency food assistance program; and 
           (5) lead abatement programs under section 268.92. 
           Sec. 29.  [REPEALER WITHOUT EFFECT; SECTION 119B.03.] 
           Subdivision 1.  The repeal of Minnesota Statutes, section 
        119B.03, subdivision 7, by Laws 1997, chapter 162, article 1, 
        section 19, is without effect and section 119B.03, subdivision 
        7, as amended by Laws 1997, chapter 162, article 4, section 14, 
        remains in effect after June 30, 1997. 
           Subd. 2.  Subdivision 1 is effective July 1, 1997. 
           Sec. 30.  Minnesota Statutes 1997 Supplement, section 
        144A.45, subdivision 1, is amended to read: 
           Subdivision 1.  [RULES.] The commissioner shall adopt rules 
        for the regulation of home care providers pursuant to sections 
        144A.43 to 144A.49 144A.48.  The rules shall include the 
        following:  
           (a) provisions to assure, to the extent possible, the 
        health, safety and well-being, and appropriate treatment of 
        persons who receive home care services; 
           (b) requirements that home care providers furnish the 
        commissioner with specified information necessary to implement 
        sections 144A.43 to 144A.49 144A.48; 
           (c) standards of training of home care provider personnel, 
        which may vary according to the nature of the services provided 
        or the health status of the consumer; 
           (d) standards for medication management which may vary 
        according to the nature of the services provided, the setting in 
        which the services are provided, or the status of the consumer.  
        Medication management includes the central storage, handling, 
        distribution, and administration of medications; 
           (e) standards for supervision of home care services 
        requiring supervision by a registered nurse or other appropriate 
        health care professional which must occur on site at least every 
        62 days, or more frequently if indicated by a clinical 
        assessment, and in accordance with sections 148.171 to 148.285 
        and rules adopted thereunder; 
           (f) standards for client evaluation or assessment which may 
        vary according to the nature of the services provided or the 
        status of the consumer; 
           (g) requirements for the involvement of a consumer's 
        physician, the documentation of physicians' orders, if required, 
        and the consumer's treatment plan, and the maintenance of 
        accurate, current clinical records; 
           (h) the establishment of different classes of licenses for 
        different types of providers and different standards and 
        requirements for different kinds of home care services; and 
           (i) operating procedures required to implement the home 
        care bill of rights. 
           Sec. 31.  Minnesota Statutes 1996, section 144A.45, 
        subdivision 2, is amended to read: 
           Subd. 2.  [REGULATORY FUNCTIONS.] (a) The commissioner 
        shall:  
           (1) evaluate, monitor, and license home care providers in 
        accordance with sections 144A.45 to 144A.49 144A.48; 
           (2) inspect the office and records of a provider during 
        regular business hours without advance notice to the home care 
        provider; 
           (3) with the consent of the consumer, visit the home where 
        services are being provided; 
           (4) issue correction orders and assess civil penalties in 
        accordance with section 144.653, subdivisions 5 to 8, for 
        violations of sections 144A.43 to 144A.48 or the rules adopted 
        under those sections; and 
           (5) take other action reasonably required to accomplish the 
        purposes of sections 144A.43 to 144A.49 144A.48. 
           (b) In the exercise of the authority granted in sections 
        144A.43 to 144A.49 144A.48, the commissioner shall comply with 
        the applicable requirements of section 144.122, the government 
        data practices act, and the administrative procedure act. 
           Sec. 32.  Minnesota Statutes 1996, section 144A.46, 
        subdivision 4, is amended to read: 
           Subd. 4.  [RELATION TO OTHER REGULATORY PROGRAMS.] In the 
        exercise of the authority granted under sections 144A.43 to 
        144A.49 144A.48, the commissioner shall not duplicate or replace 
        standards and requirements imposed under another state 
        regulatory program.  The commissioner shall not impose 
        additional training or education requirements upon members of a 
        licensed or registered occupation or profession, except as 
        necessary to address or prevent problems that are unique to the 
        delivery of services in the home or to enforce and protect the 
        rights of consumers listed in section 144A.44.  The commissioner 
        of health shall not require a home care provider certified under 
        the Medicare program to comply with a rule adopted under section 
        144A.45 if the home care provider is required to comply with any 
        equivalent federal law or regulation relating to the same 
        subject matter.  The commissioner of health shall specify in the 
        rules those provisions that are not applicable to certified home 
        care providers.  To the extent possible, the commissioner shall 
        coordinate the inspections required under sections 144A.45 to 
        144A.48 with the health facility licensure inspections required 
        under sections 144.50 to 144.58 or 144A.10 when the health care 
        facility is also licensed under the provisions of Laws 1987, 
        chapter 378. 
           Sec. 33.  Minnesota Statutes 1997 Supplement, section 
        144A.4605, subdivision 3, is amended to read: 
           Subd. 3.  [TRAINING OR COMPETENCY EVALUATIONS REQUIRED.] 
        (a) Unlicensed personnel must: 
           (1) satisfy the training or competency requirements 
        established by rule under sections 144A.45 to 144A.48; or 
           (2) be trained or determined competent by a registered 
        nurse in each task identified under Minnesota Rules, part 
        4668.0100, subparts 1 and 2, when offered to clients in a 
        housing with services establishment as described in paragraphs 
        (b) to (e). 
           (b) Training for tasks identified under Minnesota Rules, 
        part 4668.0100, subparts 1 and 2, shall use a curriculum which 
        meets the requirements in Minnesota Rules, part 4668.0130. 
           (c) Competency evaluations for tasks identified under 
        Minnesota Rules, part 4668.0100, subparts 1 and 2, must be 
        completed and documented by a registered nurse. 
           (d) Unlicensed personnel performing tasks identified under 
        Minnesota Rules, part 4668.0100, subparts 1 and 2, shall be 
        trained or demonstrate competency in the following topics: 
           (1) an overview of sections 144A.43 to 144A.49 144A.48 and 
        rules adopted thereunder; 
           (2) recognition and handling of emergencies and use of 
        emergency services; 
           (3) reporting the maltreatment of vulnerable minors or 
        adults under sections 626.556 and 626.557; 
           (4) home care bill of rights; 
           (5) handling of clients' complaints and reporting of 
        complaints to the office of health facility complaints; 
           (6) services of the ombudsman for older Minnesotans; 
           (7) observation, reporting, and documentation of client 
        status and of the care or services provided; 
           (8) basic infection control; 
           (9) maintenance of a clean, safe, and healthy environment; 
           (10) communication skills; 
           (11) basic elements of body functioning and changes in body 
        function that must be reported to an appropriate health care 
        professional; and 
           (12) physical, emotional, and developmental needs of 
        clients, and ways to work with clients who have problems in 
        these areas, including respect for the client, the client's 
        property, and the client's family. 
           (e) Unlicensed personnel who administer medications must 
        comply with rules relating to the administration of medications 
        in Minnesota Rules, part 4668.0100, subpart 2, except that 
        unlicensed personnel need not comply with the requirements of 
        Minnesota Rules, part 4668.0100, subpart 5. 
           Sec. 34.  Minnesota Statutes 1997 Supplement, section 
        144A.4605, subdivision 4, is amended to read: 
           Subd. 4.  [LICENSE REQUIRED.] (a) A housing with services 
        establishment registered under chapter 144D that is required to 
        obtain a home care license must obtain an assisted living home 
        care license according to this section or a class A license 
        according to rule. 
           (b) A board and lodging establishment registered for 
        special services as of December 31, 1996, and also registered as 
        a housing with services establishment under chapter 144D, must 
        deliver home care services according to sections 144A.43 to 
        144A.49 144A.48, and may apply for a waiver from requirements 
        under Minnesota Rules, parts 4668.0002 to 4668.0240, to operate 
        a licensed agency under the standards of section 157.17.  Such 
        waivers as may be granted by the department will expire upon 
        promulgation of home care rules implementing section 144A.4605. 
           (c) An adult foster care provider licensed by the 
        department of human services and registered under chapter 144D 
        may continue to provide health-related services under its foster 
        care license until the promulgation of home care rules 
        implementing this section. 
           Sec. 35.  Minnesota Statutes 1996, section 144A.48, 
        subdivision 2, is amended to read: 
           Subd. 2.  [LICENSE REQUIREMENTS.] A hospice program may not 
        operate in the state or use the words "hospice" or "hospice 
        program" without a current license issued by the commissioner of 
        health.  The commissioner shall license hospice programs using 
        the powers and authorities contained in sections 144A.43 to 
        144A.47 and 144A.49.  In addition a hospice program must provide:
           (1) centrally coordinated hospice core services in the home 
        and inpatient settings; 
           (2) that the medical components of the hospice program are 
        under the direction of a licensed physician who serves as 
        medical director; 
           (3) that the palliative medical care provided to a hospice 
        patient is under the direction of the attending physician; 
           (4) an interdisciplinary team that meets regularly to 
        develop, implement, and evaluate the hospice program's plan of 
        care for each hospice patient and the patient's family; 
           (5) accessible hospice care, 24 hours a day, seven days a 
        week; 
           (6) an ongoing system of quality assurance; 
           (7) that volunteer services are provided by individuals who 
        have completed a hospice training program and are qualified to 
        provide the services; 
           (8) a planned program of supportive services available to 
        patients' families during the bereavement period; and 
           (9) that inpatient services are provided directly or by 
        arrangement in a licensed hospital or nursing home. 
           Sec. 36.  Minnesota Statutes 1996, section 145C.01, 
        subdivision 7, is amended to read: 
           Subd. 7.  [HEALTH CARE FACILITY.] "Health care facility" 
        means a hospital or other entity licensed under sections 144.50 
        to 144.58, a nursing home licensed to serve adults under section 
        144A.02, or a home care provider licensed under sections 144A.43 
        to 144A.49 144A.48. 
           Sec. 37.  Minnesota Statutes 1996, section 147.02, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [UNITED STATES OR CANADIAN MEDICAL SCHOOL 
        GRADUATES.] The board shall issue a license to practice medicine 
        to a person who meets the requirements in paragraphs (a) to (h). 
           (a) An applicant for a license shall file a written 
        application on forms provided by the board, showing to the 
        board's satisfaction that the applicant is of good moral 
        character and satisfies the requirements of this section.  
           (b) The applicant shall present evidence satisfactory to 
        the board of being a graduate of a medical or osteopathic school 
        located in the United States, its territories or Canada, and 
        approved by the board based upon its faculty, curriculum, 
        facilities, accreditation by a recognized national accrediting 
        organization approved by the board, and other relevant data, or 
        is currently enrolled in the final year of study at the school.  
           (c) The applicant must have passed an examination as 
        described in paragraph (1) or (2). 
           (1) The applicant must have passed a comprehensive 
        examination for initial licensure prepared and graded by the 
        National Board of Medical Examiners or the Federation of State 
        Medical Boards.  The board shall by rule determine what 
        constitutes a passing score in the examination.  
           (2) The applicant taking the United States Medical 
        Licensing Examination (USMLE) must have passed steps one, two, 
        and three within a seven-year period.  This seven-year period 
        begins when the applicant first passes either step one or two, 
        as applicable.  The applicant must pass each of steps one, two, 
        and three with passing scores as recommended by the USMLE 
        program within three attempts.  The applicant taking 
        combinations of Federation of State Medical Boards, National 
        Board of Medical Examiners, and USMLE may be accepted only if 
        the combination is approved by the board as comparable to 
        existing comparable examination sequences and all examinations 
        are completed prior to the year 2000.  
           (d) The applicant shall present evidence satisfactory to 
        the board of the completion of one year of graduate, clinical 
        medical training in a program accredited by a national 
        accrediting organization approved by the board or other graduate 
        training approved in advance by the board as meeting standards 
        similar to those of a national accrediting organization.  
           (e) The applicant shall make arrangements with the 
        executive director to appear in person before the board or its 
        designated representative to show that the applicant satisfies 
        the requirements of this section.  The board may establish as 
        internal operating procedures the procedures or requirements for 
        the applicant's personal presentation.  
           (f) The applicant shall pay a fee established by the board 
        by rule.  The fee may not be refunded.  Upon application or 
        notice of license renewal, the board must provide notice to the 
        applicant and to the person whose license is scheduled to be 
        issued or renewed of any additional fees, surcharges, or other 
        costs which the person is obligated to pay as a condition of 
        licensure.  The notice must: 
           (1) state the dollar amount of the additional costs; and 
           (2) clearly identify to the applicant the payment schedule 
        of additional costs; and 
           (3) advise the applicant of the right to apply to be 
        excused from the surcharge if a waiver is granted under section 
        256.9657, subdivision 1b, or relinquish the license to practice 
        medicine in lieu of future payment if applicable.  
           (g) The applicant must not be under license suspension or 
        revocation by the licensing board of the state or jurisdiction 
        in which the conduct that caused the suspension or revocation 
        occurred.  
           (h) The applicant must not have engaged in conduct 
        warranting disciplinary action against a licensee, or have been 
        subject to disciplinary action other than as specified in 
        paragraph (g).  If the applicant does not satisfy the 
        requirements stated in this paragraph, the board may issue a 
        license only on the applicant's showing that the public will be 
        protected through issuance of a license with conditions and 
        limitations the board considers appropriate. 
           Sec. 38.  Minnesota Statutes 1996, section 147B.01, 
        subdivision 5, is amended to read: 
           Subd. 5.  [ACUPUNCTURE POINTS.] "Acupuncture points" means 
        specific anatomically described locations as defined by the 
        recognized acupuncture reference texts.  These texts are listed 
        in the study guide to the examination for the NCCA NCCAOM 
        certification exam. 
           Sec. 39.  Minnesota Statutes 1996, section 147B.01, 
        subdivision 12, is amended to read: 
           Subd. 12.  [DIPLOMATE IN ACUPUNCTURE.] "Diplomate in 
        acupuncture" means a person who is certified by the NCCA NCCAOM 
        as having met the standards of competence established by the 
        NCCA NCCAOM, who subscribes to the NCCA NCCAOM code of ethics, 
        and who has a current and active NCCA NCCAOM certificate.  
        Current and active NCCA NCCAOM certification indicates 
        successful completion of continued professional development and 
        previous satisfaction of NCCA NCCAOM requirements. 
           Sec. 40.  Minnesota Statutes 1996, section 147B.01, 
        subdivision 16, is amended to read: 
           Subd. 16.  [NCCA NCCAOM.] "NCCA NCCAOM" means the 
        National Certification Commission for the Certification of 
        Acupuncturists Acupuncture and Oriental Medicine, a 
        not-for-profit corporation organized under section 501(c)(4) of 
        the Internal Revenue Code. 
           Sec. 41.  Minnesota Statutes 1996, section 147B.02, 
        subdivision 4, is amended to read: 
           Subd. 4.  [EXCEPTIONS.] (a) The following persons may 
        practice acupuncture within the scope of their practice without 
        an acupuncture license: 
           (1) a physician licensed under this chapter 147; 
           (2) an osteopath licensed under this chapter 147; 
           (3) a chiropractor licensed under chapter 148; 
           (4) a person who is studying in a formal course of study or 
        tutorial intern program approved by the acupuncture advisory 
        council established in section 147B.05 so long as the person's 
        acupuncture practice is supervised by a licensed acupuncturist; 
           (5) a visiting acupuncturist practicing acupuncture within 
        an instructional setting for the sole purpose of teaching at a 
        school registered with the Minnesota higher education services 
        office, who may practice without a license for a period of one 
        year, with two one-year extensions permitted; and 
           (6) a visiting acupuncturist who is in the state for the 
        sole purpose of providing a tutorial or workshop not to exceed 
        30 days in one calendar year. 
           (b) This chapter does not prohibit a person who does not 
        have an acupuncturist license from practicing specific 
        noninvasive techniques, such as acupressure, that are within the 
        scope of practice as set forth in section 147B.06, subdivision 4.
           Sec. 42.  Minnesota Statutes 1996, section 147B.02, 
        subdivision 7, is amended to read: 
           Subd. 7.  [LICENSURE REQUIREMENTS.] (a) After June 30, 
        1997, an applicant for licensure must: 
           (1) submit a completed application for licensure on forms 
        provided by the board, which must include the applicant's name 
        and address of record, which shall be public; 
           (2) unless licensed under subdivision 5 or 6, submit a 
        notarized copy of a current NCCA NCCAOM certification; 
           (3) sign a statement that the information in the 
        application is true and correct to the best of the applicant's 
        knowledge and belief; 
           (4) submit with the application all fees required; and 
           (5) sign a waiver authorizing the board to obtain access to 
        the applicant's records in this state or any state in which the 
        applicant has engaged in the practice of acupuncture.  
           (b) The board may ask the applicant to provide any 
        additional information necessary to ensure that the applicant is 
        able to practice with reasonable skill and safety to the public. 
           (c) The board may investigate information provided by an 
        applicant to whether the information is accurate and complete.  
        The board shall notify an applicant of action taken on the 
        application and the reasons for denying licensure if licensure 
        is denied. 
           Sec. 43.  Minnesota Statutes 1996, section 147B.02, 
        subdivision 9, is amended to read: 
           Subd. 9.  [RENEWAL.] (a) To renew a license an applicant 
        must: 
           (1) annually, or as determined by the board, complete a 
        renewal application on a form provided by the board; 
           (2) submit the renewal fee; 
           (3) provide evidence annually of one hour of continuing 
        education in the subject of infection control, including blood 
        borne pathogen diseases; 
           (4) provide documentation of current and active NCCA NCCAOM 
        certification; or 
           (5) if licensed under subdivision 5 or 6, meet one-half the 
        then current NCCA NCCAOM professional development activity 
        requirements. 
           (b) An applicant shall submit any additional information 
        requested by the board to clarify information presented in the 
        renewal application.  The information must be submitted within 
        30 days after the board's request, or the renewal request is 
        nullified. 
           Sec. 44.  Minnesota Statutes 1996, section 147B.02, 
        subdivision 12, is amended to read: 
           Subd. 12.  [INACTIVE STATUS.] (a) A license may be placed 
        in inactive status upon application to the board and upon 
        payment of an inactive status fee.  The board may not renew or 
        restore a license that has lapsed and has not been renewed 
        within two annual license renewal cycles. 
           (b) An inactive license may be reactivated by the license 
        holder upon application to the board.  A licensee whose license 
        is canceled for nonrenewal must obtain a new license by applying 
        for licensure and fulfilling all the requirements then in 
        existence for the initial license to practice acupuncture in the 
        state of Minnesota.  The application must include: 
           (1) evidence of current and active NCCA NCCAOM 
        certification; 
           (2) evidence of the certificate holder's payment of an 
        inactive status fee; 
           (3) an annual fee; and 
           (4) all back fees since previous renewal. 
           (c) A person licensed under subdivision 5 who has allowed 
        the license to reach inactive status must become NCCA NCCAOM 
        certified. 
           Sec. 45.  Minnesota Statutes 1996, section 147B.03, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [NCCA NCCAOM REQUIREMENTS.] Unless a person 
        is licensed under section 147B.02, subdivision 5 or 6, each 
        licensee is required to meet the NCCA NCCAOM professional 
        development activity requirements to maintain NCCA NCCAOM 
        certification.  These requirements may be met through a board 
        approved continuing education program. 
           Sec. 46.  Minnesota Statutes 1996, section 147B.03, 
        subdivision 4, is amended to read: 
           Subd. 4.  [VERIFICATION.] The board shall periodically 
        select a random sample of acupuncturists and require the 
        acupuncturist to show evidence of having completed the NCCA 
        NCCAOM professional development activities requirements.  Either 
        the acupuncturist, the state, or the national organization that 
        maintains continuing education records may provide the board 
        documentation of the continuing education program. 
           Sec. 47.  Minnesota Statutes 1996, section 147B.05, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CREATION.] The advisory council to the 
        board of medical practice for acupuncture consists of seven 
        members appointed by the board to three-year terms.  Four 
        members must be licensed acupuncture practitioners, one member 
        must be a licensed physician or osteopath who also practices 
        acupuncture, one member must be a licensed chiropractor who is 
        NCCA NCCAOM certified, and one member must be a member of the 
        public who has received acupuncture treatment as a primary 
        therapy from a NCCA NCCAOM certified acupuncturist. 
           Sec. 48.  [REPEALER; SECTION 148.976.] 
           Minnesota Statutes 1996, section 148.976, is repealed. 
           Sec. 49.  Minnesota Statutes 1997 Supplement, section 
        148B.20, subdivision 1, is amended to read: 
           Subdivision 1.  [GENERAL.] The board of social work shall: 
           (a) Adopt and enforce rules for licensure of social workers 
        and for regulation of their professional conduct.  The rules 
        must be designed to protect the public. 
           (b) Adopt rules establishing standards and methods of 
        determining whether applicants and licensees are qualified under 
        sections 148B.21 to 148B.23 148B.24.  The rules must make 
        provision for examinations and must establish standards for 
        professional conduct, including adoption of a code of 
        professional ethics and requirements for continuing education. 
           (c) Hold examinations at least twice a year to assess 
        applicants' knowledge and skills.  The examinations may be 
        written or oral and may be administered by the board or by a 
        body designated by the board.  Examinations must test the 
        knowledge and skills of each of the four groups of social 
        workers qualified under section 148B.21 to practice social work. 
        Examinations must minimize cultural bias and must be balanced in 
        theory. 
           (d) Issue licenses to individuals qualified under sections 
        148B.18 to 148B.289 148B.24.  
           (e) Issue copies of the rules for licensure to all 
        applicants. 
           (f) Establish and implement procedures, including a 
        standard disciplinary process, to ensure that individuals 
        licensed as social workers will comply with the board's rules. 
           (g) Establish, maintain, and publish annually a register of 
        current licensees. 
           (h) Educate the public about the existence and content of 
        the rules for social work licensing to enable consumers to file 
        complaints against licensees who may have violated the rules. 
           (i) Evaluate its rules in order to refine the standards for 
        licensing social workers and to improve the methods used to 
        enforce the board's standards. 
           Sec. 50.  Minnesota Statutes 1996, section 148B.21, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CATEGORIES OF LICENSEES.] The board shall 
        issue licenses for the following four groups of individuals 
        qualified under sections 148B.21 to 148B.23 this section to 
        practice social work: 
           (1) social workers; 
           (2) graduate social workers; 
           (3) independent social workers; and 
           (4) independent clinical social workers. 
           Sec. 51.  Minnesota Statutes 1996, section 148B.21, 
        subdivision 8, is amended to read: 
           Subd. 8.  [CHANGE OF LICENSURE LEVEL.] An applicant who 
        applies under this section for licensure as a licensed 
        independent social worker or a licensed independent clinical 
        social worker, and who is licensed at the time of application as 
        a licensed graduate social worker, or a licensed independent 
        social worker, or a licensed independent clinical social worker 
        under section 148B.23, is not required to meet the educational 
        requirement of this section.  The applicant must meet all other 
        requirements for licensure at the new level of licensure. 
           Sec. 52.  Minnesota Statutes 1996, section 148B.24, is 
        amended to read: 
           148B.24 [RECIPROCITY.] 
           The board shall issue an appropriate license to an 
        individual who holds a current license or other credential from 
        another jurisdiction if the board finds that the requirements 
        for that credential are substantially similar to the 
        requirements in sections section 148B.21 to 148B.23. 
           Sec. 53.  Minnesota Statutes 1996, section 148B.27, 
        subdivision 2b, is amended to read: 
           Subd. 2b.  [USE OF HOSPITAL SOCIAL WORKER TITLE.] 
        Individuals employed as social workers on June 30, 1996, by a 
        hospital licensed under chapter 144 who do not qualify for 
        licensure under section 148B.21 or 148B.23, subdivision 1, may 
        use the title "hospital social worker" for as long as they 
        continue to be employed by a hospital licensed under chapter 144.
           Sec. 54.  Minnesota Statutes 1996, section 154.161, 
        subdivision 4, is amended to read: 
           Subd. 4.  [LICENSE ACTIONS.] (a) With respect to a person 
        who is a holder of or applicant for a licensee or shop 
        registration card under this chapter, the board may by order 
        deny, refuse to renew, suspend, temporarily suspend, or revoke 
        the application, certificate of registration, or shop 
        registration card, censure or reprimand the person, refuse to 
        permit the person to sit for examination, or refuse to release 
        the person's examination grades, if the board finds that such an 
        order is in the public interest and that, based on a 
        preponderance of the evidence presented, the person has: 
           (1) violated a statute, rule, or order that the board has 
        adopted or issued or is empowered to enforce; 
           (2) engaged in conduct or acts that are fraudulent, 
        deceptive, or dishonest, whether or not the conduct or acts 
        relate to the practice of barbering, if the fraudulent, 
        deceptive, or dishonest conduct or acts reflect adversely on the 
        person's ability or fitness to engage in the practice of 
        barbering; 
           (3) engaged in conduct or acts that constitute malpractice, 
        are negligent, demonstrate incompetence, or are otherwise in 
        violation of the standards in the rules of the board, where the 
        conduct or acts relate to the practice of barbering; 
           (4) employed fraud or deception in obtaining a certificate 
        of registration, shop registration card, renewal, or 
        reinstatement, or in passing all or a portion of the 
        examination; 
           (5) had a certificate of registration or shop registration 
        card, right to examine, or other similar authority revoked in 
        another jurisdiction; 
           (6) failed to meet any requirement for issuance or renewal 
        of the person's certificate of registration or shop registration 
        card; 
           (7) practiced as a barber while having an infectious or 
        contagious disease; 
           (8) advertised by means of false or deceptive statements; 
           (9) demonstrated intoxication or indulgence in the use of 
        drugs, including but not limited to narcotics as defined in 
        section 152.01 or in United States Code, title 26, section 4731, 
        barbiturates, amphetamines, benzedrine, dexedrine, or other 
        sedatives, depressants, stimulants, or tranquilizers; 
           (10) demonstrated unprofessional conduct or practice, or 
        conduct or practice that violates any provision of chapter 186; 
           (11) permitted an employee or other person under the 
        person's supervision or control to practice as a registered 
        barber, registered apprentice, or registered instructor of 
        barbering unless that person has (i) a current certificate of 
        registration as a registered barber, registered apprentice, or 
        registered instructor of barbering, (ii) a temporary apprentice 
        permit, or (iii) a temporary permit as an instructor of 
        barbering; 
           (12) practices, offered to practice, or attempted to 
        practice by misrepresentation; 
           (13) failed to display a certificate of registration as 
        required by section 154.14; 
           (14) used any room or place of barbering that is also used 
        for any other purpose, or used any room or place of barbering 
        that violates the board's rules governing sanitation; 
           (15) in the case of a barber, apprentice, or other person 
        working in or in charge of any barber shop, or any person in a 
        barber school engaging in the practice of barbering, failed to 
        use separate and clean towels for each customer or patron, or to 
        discard and launder each towel after being used once; 
           (16) in the case of a barber or other person in charge of 
        any barber shop or barber school, (i) failed to supply in a 
        sanitary manner clean hot and cold water in quantities necessary 
        to conduct the shop or barbering service for the school, (ii) 
        failed to have water and sewer connections from the shop or 
        barber school with municipal water and sewer systems where they 
        are available for use, or (iii) failed or refused to maintain a 
        receptacle for hot water of a capacity of at least five gallons; 
           (17) refused to permit the board to make an inspection 
        permitted or required by this chapter, or failed to provide the 
        board or the attorney general on behalf of the board with any 
        documents or records they request; 
           (18) failed promptly to renew a certificate of registration 
        or shop registration card when remaining in practice, pay the 
        required fee, or issue a worthless check; 
           (19) failed to supervise a registered apprentice or 
        temporary apprentice, or permitted the practice of barbering by 
        a person not registered with the board or not holding a 
        temporary permit; 
           (20) refused to serve a customer because of race, color, 
        creed, religion, disability, national origin, or sex; 
           (21) failed to comply with a provision of chapter 141 or a 
        provision of another chapter that relates to barber schools; or 
           (22) with respect to temporary suspension orders, has 
        committed an act, engaged in conduct, or committed practices 
        that the board, or complaint committee if authorized by the 
        board, has determined may result or may have resulted in an 
        immediate threat to the public. 
           (b) In lieu of or in addition to any remedy under paragraph 
        (a), the board may as a condition of continued registration, 
        termination of suspension, reinstatement of registration, 
        examination, or release of examination results, require that the 
        person: 
           (1) submit to a quality review of the person's ability, 
        skills, or quality of work, conducted in a manner and by a 
        person or entity that the board determines; or 
           (2) complete to the board's satisfaction continuing 
        education as the board requires. 
           (c) Service of an order under this subdivision is effective 
        if the order is served personally on, or is served by certified 
        mail to the most recent address provided to the board by, the 
        licensee, certificate holder, applicant, or counsel of record.  
        The order must state the reason for the entry of the order. 
           (d) Except as provided in subdivision 5, paragraph (c), all 
        hearings under this subdivision must be conducted in accordance 
        with the administrative procedure act. 
           Sec. 55.  Minnesota Statutes 1997 Supplement, section 
        157.17, subdivision 2, is amended to read: 
           Subd. 2.  [REGISTRATION.] At the time of licensure or 
        license renewal, a boarding and lodging establishment or a 
        lodging establishment that provides supportive services or 
        health supervision services must be registered with the 
        commissioner, and must register annually thereafter.  The 
        registration must include the name, address, and telephone 
        number of the establishment, the name of the operator, the types 
        of services that are being provided, a description of the 
        residents being served, the type and qualifications of staff in 
        the facility, and other information that is necessary to 
        identify the needs of the residents and the types of services 
        that are being provided.  The commissioner shall develop and 
        furnish to the boarding and lodging establishment or lodging 
        establishment the necessary form for submitting the 
        registration.  The requirement for registration is effective 
        until the rules required by sections 144B.01 to 144B.17 are 
        effective. 
           Housing with services establishments registered under 
        chapter 144D shall be considered registered under this section 
        for all purposes except that: 
           (1) the establishments shall operate under the requirements 
        of chapter 144D; and 
           (2) the criminal background check requirements of sections 
        299C.66 to 299C.71 apply.  The criminal background check 
        requirements of section 144.057 apply only to personnel 
        providing home care services under sections 144A.43 to 144A.48. 
           Sec. 56.  Minnesota Statutes 1996, section 157.17, 
        subdivision 3, is amended to read: 
           Subd. 3.  [RESTRICTION ON THE PROVISION OF SERVICES.] 
        Effective July 1, 1995, and until one year after the rules 
        required under sections 144B.01 to 144B.17 are adopted, A 
        boarding and lodging establishment or lodging establishment 
        registered under subdivision 2 may provide health supervision 
        services only if a licensed nurse is on site in the 
        establishment for at least four hours a week to provide 
        monitoring of health supervision services for the residents.  A 
        boarding and lodging establishment or lodging establishment that 
        admits or retains residents using wheelchairs or walkers must 
        have the necessary clearances from the office of the state fire 
        marshal.  
           Sec. 57.  [REPEALER; SECTION 157.17.] 
           Minnesota Statutes 1996, section 157.17, subdivision 4, is 
        repealed. 
           Sec. 58.  Minnesota Statutes 1997 Supplement, section 
        161.14, subdivision 41, is amended to read: 
           Subd. 41.  [DON RICKERS MEMORIAL HIGHWAY.] That segment of 
        marked trunk highway No. 60 from Brewster to Worthington to the 
        city of Brewster is designated "Don Rickers Memorial Highway."  
        The commissioner of transportation shall adopt a suitable design 
        for marking this highway and shall erect appropriate signs at 
        locations determined by the commissioner.  The people of the 
        community, having resolved to support and financially back the 
        marking of this highway, shall reimburse the department for 
        costs incurred in marking and memorializing this highway. 
           Sec. 59.  Minnesota Statutes 1997 Supplement, section 
        169.121, subdivision 3e, is amended to read: 
           Subd. 3e.  [ENHANCED GROSS MISDEMEANORS; MANDATORY 
        PENALTIES.] (a) The mandatory penalties in this subdivision 
        apply to persons who are convicted of an enhanced gross 
        misdemeanor under subdivision 3, paragraph (d), or section 
        169.129.  Notwithstanding section 609.135, these penalties must 
        be imposed and executed. 
           (b) A person who is convicted of an enhanced gross 
        misdemeanor under the circumstances described in subdivision 3, 
        paragraph (d), clause (1), shall be sentenced as follows: 
           (1) if the person has one prior impaired driving conviction 
        within the past ten years, the person must be sentenced to a 
        minimum of 90 days of incarceration, at least 30 days of which 
        must be served consecutively in a local correctional facility.  
        The court may order that the person serve not more than 60 days 
        of this minimum penalty on home detention or in an intensive 
        probation program described in section 169.1265; 
           (2) if the person has two prior impaired driving 
        convictions within the past ten years, the person must be 
        sentenced to a minimum of 180 days of incarceration, at least 30 
        days of which must be served consecutively in a local 
        correctional facility.  The court may order that the person 
        serve not more than 150 days of this minimum penalty on home 
        detention or in an intensive probation program described in 
        section 169.1265; or 
           (3) if the person has three prior impaired driving 
        convictions within the past 15 years, or four or more prior 
        impaired driving convictions within the person's lifetime, the 
        person must be sentenced to a minimum of one year of 
        incarceration, at least 60 days of which must be served 
        consecutively in a local correctional facility.  The court may 
        order that the person serve the remainder of this minimum 
        penalty on intensive probation using an electronic monitoring 
        system or, if such a system is unavailable, on home detention. 
           (c) A person who is convicted of an enhanced gross 
        misdemeanor under the circumstances described in subdivision 3, 
        paragraph (d), clause (2) or (3), or under section 169.129, 
        shall be sentenced as follows: 
           (1) if the person has two prior impaired driving 
        convictions, two prior license revocations, or a combination of 
        the two, within the past ten years, the person must be sentenced 
        to a minimum of 90 days incarceration, at least 30 days of which 
        must be served consecutively in a local correctional facility.  
        The court may order that the person serve not more than 60 days 
        of this minimum penalty on home detention or in an intensive 
        probation program described in section 169.1265; 
           (2) if the person has three prior impaired driving 
        convictions, three prior license revocations, or a combination 
        of the two, within the past ten years, the person must be 
        sentenced to a minimum of 180 days of incarceration, at least 30 
        days of which must be served consecutively in a local 
        correctional facility.  The court may order that the person 
        serve not more than 150 days of this minimum penalty on home 
        detention or in an intensive probation program described in 
        section 169.1265; or 
           (3) if the person has:  (i) four prior impaired driving 
        convictions, four prior license revocations, or a combination of 
        the two, within the past 15 years; or (ii) five or more prior 
        impaired driving convictions, five or more prior license 
        revocations, or a combination of the two, within the person's 
        lifetime; then the person must be sentenced to a minimum of one 
        year of incarceration, at least 60 days of which must be served 
        consecutively in a local correctional facility.  The court may 
        order that the person serve the remainder of this minimum 
        penalty on intensive probation using an electronic monitoring 
        system or, if such a system is unavailable, on home detention. 
           Sec. 60.  Minnesota Statutes 1996, section 169.792, 
        subdivision 7, is amended to read: 
           Subd. 7.  [LICENSE REVOCATION.] Upon receiving the 
        notification under subdivision 6 or notification of a conviction 
        for violation of section 169.791, the commissioner shall revoke 
        the person's driver's license or permit to drive.  The 
        revocation shall be effective beginning 14 days after the date 
        of notification by the district court administrator or officer 
        to the department of public safety.  In order to be revoked, 
        notice must have been mailed to the person by the commissioner 
        at least ten days before the effective date of the revocation.  
        If the person, before the effective date of the revocation, 
        provides the commissioner with the proof of insurance or other 
        verifiable insurance information as determined by the 
        commissioner, establishing that the required insurance covered 
        the vehicle at the time of the original demand, the revocation 
        must not become effective.  Revocation based upon receipt of a 
        notification under subdivision 6 must be carried out regardless 
        of the status or disposition of any related criminal charge.  
        The person's driver's license or permit to drive shall be 
        revoked for the longer of:  (i) the period provided in section 
        169.797, subdivision 4, paragraph (b) (c), including any rules 
        adopted under that paragraph, or (ii) until the driver or owner 
        files proof of insurance with the department of public safety 
        satisfactory to the commissioner of public safety.  A license 
        must not be revoked more than once based upon the same demand 
        for proof of insurance. 
           Sec. 61.  Minnesota Statutes 1996, section 169.86, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [APPLICATION FOR PERMIT.] (a) The 
        commissioner, with respect to highways under the commissioner's 
        jurisdiction, and local authorities, with respect to highways 
        under their jurisdiction, may, in their discretion, upon 
        application in writing and good cause being shown therefor, 
        issue a special permit, in writing, authorizing the applicant to 
        move a vehicle or combination of vehicles of a size or weight of 
        vehicle or load exceeding the maximum specified in this chapter, 
        or otherwise not in conformity with the provisions of this 
        chapter, upon any highway under the jurisdiction of the party 
        granting such permit and for the maintenance of which such party 
        is responsible. 
           (b) Permits relating to over-width, over-length 
        manufactured homes shall not be issued to persons other than 
        manufactured home dealers or manufacturers for movement of new 
        units owned by the manufactured home dealer or manufacturer, 
        until the person has presented a statement from the county 
        auditor and treasurer where the unit is presently located, 
        stating that all personal and real property taxes have been 
        paid.  Upon payment of the most recent single year delinquent 
        personal property or current year taxes only, the county auditor 
        or treasurer must issue a taxes paid statement to a manufactured 
        home dealer or a financial institution desiring to relocate a 
        manufactured home that has been repossessed.  This statement 
        must be dated within 30 days of the contemplated move.  The 
        statement from the county auditor and treasurer where the unit 
        is presently located, stating that all personal and real 
        property taxes have been paid, may be made by telephone.  If the 
        statement is obtained by telephone, the permit shall contain the 
        date and time of the telephone call and the names of the persons 
        in the auditor's office and treasurer's office who verified that 
        all personal and real property taxes had been paid. 
           (c) The commissioner may not grant a permit authorizing the 
        movement, in a three-vehicle combination, of a semitrailer or 
        trailer that exceeds 28-1/2 feet, except that the commissioner 
        (1) may renew a permit that was granted before April 16, 1984, 
        for the movement of a semitrailer or trailer that exceeds the 
        length limitation in section 169.81, subdivision 2, or (2) may 
        grant a permit authorizing the transportation of empty trailers 
        that exceed 28-1/2 feet when using a B-train hitching mechanism 
        as defined in Code of Federal Regulations, title 23, section 
        658.5, paragraph (o), from a point of manufacture in the state 
        to the state border. 
           (d) The state as to state trunk highways, a statutory or 
        home rule charter city as to streets in the city, or a town as 
        to roads in the town, may issue permits authorizing the 
        transportation of combinations of vehicles exceeding the 
        limitations in section 169.81, subdivisions 2a and 3, over 
        highways, streets, or roads within its boundaries.  Combinations 
        of vehicles authorized by this paragraph may be restricted as to 
        the use of state trunk highways by the commissioner, to the use 
        of streets by the city road authority, and to the use of roads 
        by the town road authority.  Nothing in this paragraph or 
        section 168.81 169.81, subdivisions 2a and 3, alters or changes 
        the authority vested in local authorities under section 169.04. 
           Sec. 62.  Minnesota Statutes 1996, section 190.08, 
        subdivision 6, is amended to read: 
           Subd. 6.  [PAY AND ALLOWANCES.] The adjutant general shall 
        receive the pay and allowances provided by law for an officer of 
        similar rank and length of service in the armed forces of the 
        United States.  All other officers, warrant officers, and 
        enlisted members in active service on the staff of the adjutant 
        general shall receive the pay and allowances prescribed for 
        personnel of similar grade and length of service in the armed 
        forces of the United States subject to the following 
        provisions:  (1) the adjutant general by general orders may 
        establish for pay purposes the grade authorized for any staff 
        position; and (2) enlisted members may be paid the any 
        additional pay authorized by section 192.51, subdivision 
        2 192.49. 
           Sec. 63.  Minnesota Statutes 1996, section 205A.10, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ELECTION, CONDUCT.] A school district election 
        must be by secret ballot and must be held and the returns made 
        in the manner provided for the state general election, as far as 
        practicable.  The vote totals from an absentee ballot board 
        established pursuant to section 203B.13 may be tabulated and 
        reported by the school district as a whole rather than by 
        precinct.  For school district elections not held in conjunction 
        with a statewide election, the school board shall appoint 
        election judges as provided in section 204B.21, subdivision 2.  
        The provisions of sections 204B.19, subdivision 5; 204C.15; 
        204C.19; 206.63; 206.64, subdivision 2; 206.74, subdivision 3; 
        206.75; 206.83; and 206.86, subdivision 2, relating to party 
        balance in appointment of judges and to duties to be performed 
        by judges of different major political parties do not apply to 
        school district elections not held in conjunction with a 
        statewide election. 
           Sec. 64.  Minnesota Statutes 1996, section 206.90, 
        subdivision 3, is amended to read: 
           Subd. 3.  [AVAILABILITY OF PAPER BALLOTS.] For the purposes 
        of section 206.63, "paper ballots" includes ballot cards which 
        are voted by marking with a pencil or other writing instrument 
        and on which are printed the names of candidates, office titles, 
        party designation in a partisan primary or election, and a 
        statement of any question accompanied by the words "Yes" and 
        "No."  At a state or county election where an optical scan 
        voting system will be in use, the county auditor may provide 
        ballot cards meeting the requirements of this section in lieu of 
        paper ballots otherwise required to be prepared by the county 
        auditor.  In an election jurisdiction where an optical scan 
        voting system has been adopted, the election official may 
        provide paper ballots prepared in the same format used for the 
        voting system. 
           Sec. 65.  Minnesota Statutes 1996, section 216C.01, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [APPLICABILITY.] The definitions in this 
        section apply to section 216C.02 and those sections renumbered 
        by Laws 1987, chapter 312, article 1, section 10 sections 
        216C.02, 216C.05, 216C.07 to 216C.19, 216C.20 to 216C.35, and 
        216C.373 to 216C.381. 
           Sec. 66.  Minnesota Statutes 1997 Supplement, section 
        244.09, subdivision 5, is amended to read: 
           Subd. 5.  The commission shall promulgate sentencing 
        guidelines for the district court.  The guidelines shall be 
        based on reasonable offense and offender characteristics.  The 
        guidelines promulgated by the commission shall be advisory to 
        the district court and shall establish: 
           (1) The circumstances under which imprisonment of an 
        offender is proper; and 
           (2) A presumptive, fixed sentence for offenders for whom 
        imprisonment is proper, based on each appropriate combination of 
        reasonable offense and offender characteristics.  The guidelines 
        may provide for an increase or decrease of up to 15 percent in 
        the presumptive, fixed sentence. 
           The sentencing guidelines promulgated by the commission may 
        also establish appropriate sanctions for offenders for whom 
        imprisonment is not proper.  Any guidelines promulgated by the 
        commission establishing sanctions for offenders for whom 
        imprisonment is not proper shall make specific reference to 
        noninstitutional sanctions, including but not limited to the 
        following:  payment of fines, day fines, restitution, community 
        work orders, work release programs in local facilities, 
        community based residential and nonresidential programs, 
        incarceration in a local correctional facility, and probation 
        and the conditions thereof. 
           Although the sentencing guidelines are advisory to the 
        district court, the court shall follow the procedures of the 
        guidelines when it pronounces sentence in a proceeding to which 
        the guidelines apply by operation of statute.  Sentencing 
        pursuant to the sentencing guidelines is not a right that 
        accrues to a person convicted of a felony; it is a procedure 
        based on state public policy to maintain uniformity, 
        proportionality, rationality, and predictability in sentencing. 
           In establishing and modifying the sentencing guidelines, 
        the primary consideration of the commission shall be public 
        safety.  The commission shall also consider current sentencing 
        and release practices; correctional resources, including but not 
        limited to the capacities of local and state correctional 
        facilities; and the long-term negative impact of the crime on 
        the community. 
           The provisions of sections 14.001 to 14.69 do not apply to 
        the promulgation of the sentencing guidelines, and the 
        sentencing guidelines, including severity levels and criminal 
        history scores, are not subject to review by the legislative 
        commission to review administrative rules.  However, the 
        commission shall adopt rules pursuant to sections 14.001 to 
        14.69 which establish procedures for the promulgation of the 
        sentencing guidelines, including procedures for the promulgation 
        of severity levels and criminal history scores, and these rules 
        shall be subject to review by the legislative coordinating 
        commission to review administrative rules. 
           Sec. 67.  Minnesota Statutes 1996, section 256.9657, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [WAIVER REQUEST.] The commissioner shall request 
        a waiver from the secretary of health and human services to:  
        (1) exclude from the surcharge under subdivision 1 a nursing 
        home that provides all services free of charge; (2) make a pro 
        rata reduction in the surcharge paid by a nursing home that 
        provides a portion of its services free of charge; and (3) limit 
        the hospital surcharge to acute care hospitals only; and (4) 
        limit the physician license surcharge under section 147.01, 
        subdivision 6, to physicians licensed in Minnesota and residing 
        in Minnesota or a state contiguous to Minnesota.  If a waiver is 
        approved under this subdivision, the commissioner shall adjust 
        the nursing home surcharge accordingly or shall direct the board 
        of medical practice to adjust the physician license surcharge 
        under section 147.01, subdivision 6, accordingly.  Any waivers 
        granted by the federal government shall be effective on or after 
        October 1, 1992. 
           Sec. 68.  [REPEALER; SECTION 256.9657.] 
           Minnesota Statutes 1996, section 256.9657, subdivision 1b, 
        is repealed. 
           Sec. 69.  Minnesota Statutes 1996, section 256.9657, 
        subdivision 7, is amended to read: 
           Subd. 7.  [COLLECTION; CIVIL PENALTIES.] The provisions of 
        sections 289A.35 to 289A.50 relating to the authority to audit, 
        assess, collect, and pay refunds of other state taxes may be 
        implemented by the commissioner of human services with respect 
        to the tax, penalty, and interest imposed by this section and 
        section 147.01, subdivision 6.  The commissioner of human 
        services shall impose civil penalties for violation of this 
        section or section 147.01, subdivision 6, as provided in section 
        289A.60, and the tax and penalties are subject to interest at 
        the rate provided in section 270.75.  The commissioner of human 
        services shall have the power to abate penalties and interest 
        when discrepancies occur resulting from, but not limited to, 
        circumstances of error and mail delivery.  The commissioner of 
        human services shall bring appropriate civil actions to collect 
        provider payments due under this section and section 147.01, 
        subdivision 6. 
           Sec. 70.  [REPEALER; SECTION 256E.06.] 
           Minnesota Statutes 1996, section 256E.06, subdivision 9, is 
        repealed. 
           Sec. 71.  Minnesota Statutes 1997 Supplement, section 
        260.015, subdivision 29, is amended to read: 
           Subd. 29.  [EGREGIOUS HARM.] "Egregious harm" means the 
        infliction of bodily harm to a child or neglect of a child which 
        demonstrates a grossly inadequate ability to provide minimally 
        adequate parental care.  The egregious harm need not have 
        occurred in the state or in the county where a termination of 
        parental rights action is otherwise properly venued.  Egregious 
        harm includes, but is not limited to: 
           (1) conduct towards a child that constitutes a violation of 
        sections 609.185 to 609.21, 609.222, subdivision 2, 609.223, or 
        any other similar law of any other state; 
           (2) the infliction of "substantial bodily harm" to a child, 
        as defined in section 609.02, subdivision 8 7a; 
           (3) conduct towards a child that constitutes felony 
        malicious punishment of a child under section 609.377; 
           (4) conduct towards a child that constitutes felony 
        unreasonable restraint of a child under section 609.255, 
        subdivision 3; 
           (5) conduct towards a child that constitutes felony neglect 
        or endangerment of a child under section 609.378; 
           (6) conduct towards a child that constitutes assault under 
        section 609.221, 609.222, or 609.223; 
           (7) conduct towards a child that constitutes solicitation, 
        inducement, or promotion of prostitution under section 609.322; 
           (8) conduct towards a child that constitutes receiving 
        profit derived from prostitution under section 609.323; or 
           (9) conduct toward a child that constitutes a violation of 
        United States Code, title 18, section 1111(a) or 1112(a). 
           Sec. 72.  Minnesota Statutes 1996, section 268.027, is 
        amended to read: 
           268.027 [DEPARTMENT OF ECONOMIC SECURITY; MINNEAPOLIS 
        LOCATION; RIGHT OF EMINENT DOMAIN.] 
           Notwithstanding sections section 16B.24 and 268.026 or 
        chapter 94, the commissioner of administration, in consultation 
        with the commissioner of economic security, is authorized to buy 
        and sell real property in Minneapolis and the greater 
        Minneapolis area for the purpose of relocating department 
        offices to locations more accessible to the residents of 
        Minneapolis and colocating with other social service agencies. 
           Property acquired under authority of this section may be 
        acquired by gift, purchase, or condemnation proceedings.  
        Condemnation proceedings must be done under chapter 117.  
        Condemnation proceedings authorized by this section may be used 
        to acquire property at only one proposed office site. 
           Sec. 73.  Minnesota Statutes 1997 Supplement, section 
        268.145, subdivision 1, is amended to read: 
           Subdivision 1.  [NOTIFICATION.] (a) Upon application for a 
        reemployment insurance account, the claimant shall be informed 
        that: 
           (1) reemployment insurance benefits are subject to federal 
        and state income tax; 
           (2) there are requirements for filing estimated tax 
        payments; 
           (3) the claimant may elect to have federal income tax 
        withheld from benefits; 
           (4) if the claimant elects to have federal income tax 
        withheld, the claimant may, in addition, elect to have Minnesota 
        state income tax withheld; and 
           (5) at any time during the benefit year the claimant may 
        change a prior election. 
           (b) If a claimant elects to have federal income tax 
        withheld, the commissioner shall deduct that percentage required 
        by the Internal Revenue Code.  If a claimant, in addition to 
        federal income tax withholding, elects to have Minnesota state 
        income tax withheld, the commissioner shall make an additional 
        five percent deduction for Minnesota state income tax.  Any 
        amounts deducted pursuant to sections 268.155, 268.165, 268.18, 
        268.182, and 268.184 have priority over any amounts deducted 
        under this section.  Federal income tax withholding has priority 
        over Minnesota state income tax withholding. 
           (c) An election to have federal income tax, or federal and 
        Minnesota state income tax, withheld shall not be retroactive 
        and shall only apply to benefits paid after the election. 
           Sec. 74.  Minnesota Statutes 1996, section 273.13, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [HOW CLASSIFIED.] All real and personal 
        property subject to a general property tax and not subject to 
        any gross earnings or other lieu in-lieu tax is hereby 
        classified for purposes of taxation as provided by this section. 
           Sec. 75.  Minnesota Statutes 1996, section 273.1398, 
        subdivision 6, is amended to read: 
           Subd. 6.  [PAYMENT.] The commissioner shall certify the 
        aids provided in subdivisions 2, 2b, 3, and 5 before September 1 
        of the year preceding the distribution year to the county 
        auditor of the affected local government.  The aids provided in 
        subdivisions 2, 2b, 3, and 5 must be paid to local governments 
        other than school districts at the times provided in section 
        477A.015 for payment of local government aid to taxing 
        jurisdictions, except that the first one-half payment of 
        disparity reduction aid provided in subdivision 3 must be paid 
        on or before August 31.  The disparity reduction credit provided 
        in subdivision 4 must be paid to taxing jurisdictions other than 
        school districts at the time provided in section 473H.10, 
        subdivision 3.  Aids and credit reimbursements to school 
        districts must be certified to the commissioner of children, 
        families, and learning and paid under section 273.1392.  Except 
        for education districts and secondary cooperatives that receive 
        revenue according to section 124.575, Payment shall not be made 
        to any taxing jurisdiction that has ceased to levy a property 
        tax.  
           Sec. 76.  Minnesota Statutes 1996, section 273.166, 
        subdivision 2, is amended to read: 
           Subd. 2.  [MANUFACTURED HOME HOMESTEAD AND AGRICULTURAL 
        CREDIT AID.] For each calendar year, the manufactured home 
        homestead and agricultural credit aid for each taxing 
        jurisdiction equals the taxing jurisdiction's manufactured home 
        homestead and agricultural credit aid determined under this 
        subdivision for the preceding aid payable year times the growth 
        adjustment factor for the jurisdiction plus the net tax capacity 
        adjustment for the jurisdiction.  Except for education districts 
        and secondary cooperatives that receive revenue according to 
        section 124.2721 or 124.575, Payment will not be made to any 
        taxing jurisdiction that has ceased to levy a property tax. 
           Sec. 77.  Minnesota Statutes 1997 Supplement, section 
        274.01, subdivision 1, is amended to read: 
           Subdivision 1.  [ORDINARY BOARD; MEETINGS, DEADLINES, 
        GRIEVANCES.] (a) The town board of a town, or the council or 
        other governing body of a city, is the board of review except 
        (1) in cities whose charters provide for a board of equalization 
        or (2) in any city or town that has transferred its local board 
        of review power and duties to the county board as provided in 
        subdivision 3.  The county assessor shall fix a day and time 
        when the board or the board of equalization shall meet in the 
        assessment districts of the county.  On or before February 15 of 
        each year the assessor shall give written notice of the time to 
        the city or town clerk.  Notwithstanding the provisions of any 
        charter to the contrary, the meetings must be held between April 
        1 and May 31 each year.  The clerk shall give published and 
        posted notice of the meeting at least ten days before the date 
        of the meeting.  
           If in any county, at least 25 percent of the total net tax 
        capacity of a city or town is noncommercial seasonal residential 
        recreational property classified under section 273.13, 
        subdivision 25, the county must hold two countywide 
        informational meetings on Saturdays.  The meetings will allow 
        noncommercial seasonal residential recreational taxpayers to 
        discuss their property valuation with the appropriate assessment 
        staff.  These Saturday informational meetings must be scheduled 
        to allow the owner of the noncommercial seasonal residential 
        recreational property the opportunity to attend one of the 
        meetings prior to the scheduled board of review for their city 
        or town.  The Saturday meeting dates must be contained on the 
        notice of valuation of real property under section 273.121.  
           The board shall meet at the office of the clerk to review 
        the assessment and classification of property in the town or 
        city.  No changes in valuation or classification which are 
        intended to correct errors in judgment by the county assessor 
        may be made by the county assessor after the board of review has 
        adjourned in those cities or towns that hold a local board of 
        review; however, corrections of errors that are merely clerical 
        in nature or changes that extend homestead treatment to property 
        are permitted after adjournment until the tax extension date for 
        that assessment year.  The changes must be fully documented and 
        maintained in the assessor's office and must be available for 
        review by any person.  A copy of the changes made during this 
        period in those cities or towns that hold a local board of 
        review must be sent to the county board no later than December 
        31 of the assessment year.  
           (b) The board shall determine whether the taxable property 
        in the town or city has been properly placed on the list and 
        properly valued by the assessor.  If real or personal property 
        has been omitted, the board shall place it on the list with its 
        market value, and correct the assessment so that each tract or 
        lot of real property, and each article, parcel, or class of 
        personal property, is entered on the assessment list at its 
        market value.  No assessment of the property of any person may 
        be raised unless the person has been duly notified of the intent 
        of the board to do so.  On application of any person feeling 
        aggrieved, the board shall review the assessment or 
        classification, or both, and correct it as appears just.  
           (c) A local board of review may reduce assessments upon 
        petition of the taxpayer but the total reductions must not 
        reduce the aggregate assessment made by the county assessor by 
        more than one percent.  If the total reductions would lower the 
        aggregate assessments made by the county assessor by more than 
        one percent, none of the adjustments may be made.  The assessor 
        shall correct any clerical errors or double assessments 
        discovered by the board of review without regard to the one 
        percent limitation.  
           (d) A majority of the members may act at the meeting, and 
        adjourn from day to day until they finish hearing the cases 
        presented.  The assessor shall attend, with the assessment books 
        and papers, and take part in the proceedings, but must not 
        vote.  The county assessor, or an assistant delegated by the 
        county assessor shall attend the meetings.  The board shall list 
        separately, on a form appended to the assessment book, all 
        omitted property added to the list by the board and all items of 
        property increased or decreased, with the market value of each 
        item of property, added or changed by the board, placed opposite 
        the item.  The county assessor shall enter all changes made by 
        the board in the assessment book.  
           (e) Except as provided in subdivision 3, if a person fails 
        to appear in person, by counsel, or by written communication 
        before the board after being duly notified of the board's intent 
        to raise the assessment of the property, or if a person feeling 
        aggrieved by an assessment or classification fails to apply for 
        a review of the assessment or classification, the person may not 
        appear before the county board of equalization for a review of 
        the assessment or classification.  This paragraph does not apply 
        if an assessment was made after the board meeting, as provided 
        in section 273.01, or if the person can establish not having 
        received notice of market value at least five days before the 
        local board of review meeting.  
           (f) The board of review or the board of equalization must 
        complete its work and adjourn within 20 days from the time of 
        convening stated in the notice of the clerk, unless a longer 
        period is approved by the commissioner of revenue.  No action 
        taken after that date is valid.  All complaints about an 
        assessment or classification made after the meeting of the board 
        must be heard and determined by the county board of 
        equalization.  A nonresident may, at any time, before the 
        meeting of the board of review file written objections to an 
        assessment or classification with the county assessor.  The 
        objections must be presented to the board of review at its 
        meeting by the county assessor for its consideration. 
           Sec. 78.  Minnesota Statutes 1997 Supplement, section 
        275.011, subdivision 1, is amended to read: 
           Subdivision 1.  The property tax levied for any purpose 
        under a special law that is not codified in Minnesota Statutes 
        or a city charter provision and that is subject to a mill rate 
        limitation imposed by the special law or city charter provision, 
        excluding levies subject to mill rate limitations that use 
        adjusted assessed values determined by the commissioner of 
        revenue under section 124.2131, must not exceed the following 
        amount for the years specified: 
           (a) for taxes payable in 1988, the product of the 
        applicable mill rate limitation imposed by special law or city 
        charter provision multiplied by the total assessed valuation of 
        all taxable property subject to the tax as adjusted by the 
        provisions of Minnesota Statutes 1986, sections 272.64; 273.13, 
        subdivision 7a; and 275.49; 
           (b) for taxes payable in 1989, the product of (1) the 
        property tax levy limitation for the taxes payable year 1988 
        determined under clause (a) multiplied by (2) an index for 
        market valuation changes equal to the assessment year 1988 total 
        market valuation of all taxable property subject to the tax 
        divided by the assessment year 1987 total market valuation of 
        all taxable property subject to the tax; and 
           (c) for taxes payable in 1990 and subsequent years, the 
        product of (1) the property tax levy limitation for the previous 
        year determined pursuant to this subdivision multiplied by (2) 
        an index for market valuation changes equal to the total market 
        valuation of all taxable property subject to the tax for the 
        current assessment year divided by the total market valuation of 
        all taxable property subject to the tax for the previous 
        assessment year. 
           For the purpose of determining the property tax levy 
        limitation for the taxes payable year 1988 and subsequent years 
        under this subdivision, "total market valuation" means the total 
        market valuation of all taxable property subject to the tax 
        without valuation adjustments for fiscal disparities (chapters 
        276A and 473F), tax increment financing (sections 469.174 to 
        469.179), or powerline credit (section 273.425), or wind energy 
        (sections 276.20 to 276.21) values. 
           Sec. 79.  Minnesota Statutes 1997 Supplement, section 
        275.065, subdivision 6, is amended to read: 
           Subd. 6.  [PUBLIC HEARING; ADOPTION OF BUDGET AND LEVY.] 
        (a) For purposes of this section, the following terms shall have 
        the meanings given: 
           (1) "Initial hearing" means the first and primary hearing 
        held to discuss the taxing authority's proposed budget and 
        proposed property tax levy for taxes payable in the following 
        year, or, for school districts, the current budget and the 
        proposed property tax levy for taxes payable in the following 
        year. 
           (2) "Continuation hearing" means a hearing held to complete 
        the initial hearing, if the initial hearing is not completed on 
        its scheduled date. 
           (3) "Subsequent hearing" means the hearing held to adopt 
        the taxing authority's final property tax levy, and, in the case 
        of taxing authorities other than school districts, the final 
        budget, for taxes payable in the following year. 
           (b) Between November 29 and December 20, the governing 
        bodies of a city that has a population over 500, county, 
        metropolitan special taxing districts as defined in subdivision 
        3, paragraph (i), and regional library districts shall each hold 
        an initial public hearing to discuss and seek public comment on 
        its final budget and property tax levy for taxes payable in the 
        following year, and the governing body of the school district 
        shall hold an initial public hearing to review its current 
        budget and proposed property tax levy for taxes payable in the 
        following year.  The metropolitan special taxing districts shall 
        be required to hold only a single joint initial public hearing, 
        the location of which will be determined by the affected 
        metropolitan agencies. 
           (c) The initial hearing must be held after 5:00 p.m. if 
        scheduled on a day other than Saturday.  No initial hearing may 
        be held on a Sunday.  
           (d) At the initial hearing under this subdivision, the 
        percentage increase in property taxes proposed by the taxing 
        authority, if any, and the specific purposes for which property 
        tax revenues are being increased must be discussed.  During the 
        discussion, the governing body shall hear comments regarding a 
        proposed increase and explain the reasons for the proposed 
        increase.  The public shall be allowed to speak and to ask 
        questions.  At the public hearing, the school district must also 
        provide and discuss information on the distribution of its 
        revenues by revenue source, and the distribution of its spending 
        by program area.  
           (e) If the initial hearing is not completed on its 
        scheduled date, the taxing authority must announce, prior to 
        adjournment of the hearing, the date, time, and place for the 
        continuation of the hearing.  The continuation hearing must be 
        held at least five business days but no more than 14 business 
        days after the initial hearing.  A continuation hearing may not 
        be held later than December 20 except as provided in paragraphs 
        (f) and (g).  A continuation hearing must be held after 5:00 
        p.m. if scheduled on a day other than Saturday.  No continuation 
        hearing may be held on a Sunday. 
           (f) The governing body of a county shall hold its initial 
        hearing on the second Tuesday in December each year, and may 
        hold additional initial hearings on other dates before December 
        20 if necessary for the convenience of county residents.  If the 
        county needs a continuation of its hearing, the continuation 
        hearing shall be held on the third Tuesday in December.  If the 
        third Tuesday in December falls on December 21, the county's 
        continuation hearing shall be held on Monday, December 20.  
           (g) The metropolitan special taxing districts shall hold a 
        joint initial public hearing on the first Monday of December.  A 
        continuation hearing, if necessary, shall be held on the second 
        Monday of December even if that second Monday is after December 
        10. 
           (h) The county auditor shall provide for the coordination 
        of initial and continuation hearing dates for all school 
        districts and cities within the county to prevent conflicts 
        under clauses (i) and (j). 
           (i) By August 10, each school board and the board of the 
        regional library district shall certify to the county auditors 
        of the counties in which the school district or regional library 
        district is located the dates on which it elects to hold its 
        initial hearing and any continuation hearing.  If a school board 
        or regional library district does not certify these dates by 
        August 10, the auditor will assign the initial and continuation 
        hearing dates.  The dates elected or assigned must not conflict 
        with the initial and continuation hearing dates of the county or 
        the metropolitan special taxing districts.  
           (j) By August 20, the county auditor shall notify the 
        clerks of the cities within the county of the dates on which 
        school districts and regional library districts have elected to 
        hold their initial and continuation hearings.  At the time a 
        city certifies its proposed levy under subdivision 1 it shall 
        certify the dates on which it elects to hold its initial hearing 
        and any continuation hearing.  If a city does not certify these 
        dates by September 15, the auditor shall assign the initial and 
        continuation hearing dates.  The dates elected or assigned for 
        the initial hearing must not conflict with the initial hearing 
        dates of the county, metropolitan special taxing districts, 
        regional library districts, or school districts within which the 
        city is located.  To the extent possible, the dates of the 
        city's continuation hearing should not conflict with the 
        continuation hearing dates of the county, metropolitan special 
        taxing districts, regional library districts, or school 
        districts within which the city is located.  This paragraph does 
        not apply to cities of 500 population or less. 
           (k) The county initial hearing date and the city, 
        metropolitan special taxing district, regional library district, 
        and school district initial hearing dates must be designated on 
        the notices required under subdivision 3.  The continuation 
        hearing dates need not be stated on the notices.  
           (l) At a subsequent hearing, each county, school district, 
        city over 500 population, and metropolitan special taxing 
        district may amend its proposed property tax levy and must adopt 
        a final property tax levy.  Each county, city over 500 
        population, and metropolitan special taxing district may also 
        amend its proposed budget and must adopt a final budget at the 
        subsequent hearing.  The final property tax levy must be adopted 
        prior to adopting the final budget.  A school district is not 
        required to adopt its final budget at the subsequent hearing.  
        The subsequent hearing of a taxing authority must be held on a 
        date subsequent to the date of the taxing authority's initial 
        public hearing.  If a continuation hearing is held, the 
        subsequent hearing must be held either immediately following the 
        continuation hearing or on a date subsequent to the continuation 
        hearing.  The subsequent hearing may be held at a regularly 
        scheduled board or council meeting or at a special meeting 
        scheduled for the purposes of the subsequent hearing.  The 
        subsequent hearing of a taxing authority does not have to be 
        coordinated by the county auditor to prevent a conflict with an 
        initial hearing, a continuation hearing, or a subsequent hearing 
        of any other taxing authority.  All subsequent hearings must be 
        held prior to five working days after December 20 of the levy 
        year.  The date, time, and place of the subsequent hearing must 
        be announced at the initial public hearing or at the 
        continuation hearing. 
           (m) The property tax levy certified under section 275.07 by 
        a city of any population, county, metropolitan special taxing 
        district, regional library district, or school district must not 
        exceed the proposed levy determined under subdivision 1, except 
        by an amount up to the sum of the following amounts: 
           (1) the amount of a school district levy whose voters 
        approved a referendum to increase taxes under section 124.82, 
        subdivision 3, or 124A.03, subdivision 2, or 124B.03, 
        subdivision 2, after the proposed levy was certified; 
           (2) the amount of a city or county levy approved by the 
        voters after the proposed levy was certified; 
           (3) the amount of a levy to pay principal and interest on 
        bonds approved by the voters under section 475.58 after the 
        proposed levy was certified; 
           (4) the amount of a levy to pay costs due to a natural 
        disaster occurring after the proposed levy was certified, if 
        that amount is approved by the commissioner of revenue under 
        subdivision 6a; 
           (5) the amount of a levy to pay tort judgments against a 
        taxing authority that become final after the proposed levy was 
        certified, if the amount is approved by the commissioner of 
        revenue under subdivision 6a; 
           (6) the amount of an increase in levy limits certified to 
        the taxing authority by the commissioner of children, families, 
        and learning or the commissioner of revenue after the proposed 
        levy was certified; and 
           (7) the amount required under section 124.755. 
           (n) This subdivision does not apply to towns and special 
        taxing districts other than regional library districts and 
        metropolitan special taxing districts. 
           (o) Notwithstanding the requirements of this section, the 
        employer is required to meet and negotiate over employee 
        compensation as provided for in chapter 179A. 
           Sec. 80.  Minnesota Statutes 1996, section 284.07, is 
        amended to read: 
           284.07 [COUNTY AUDITOR'S CERTIFICATE TO BE PRIMA FACIE 
        EVIDENCE.] 
           The county auditor's certificate of forfeiture filed as 
        provided by section 281.23, subdivision 8 9, and acts 
        supplemental thereto, or by any other law hereafter enacted 
        providing for the filing and recording of such a certificate or 
        a certified copy of such certificate or of the record thereof, 
        shall, for all purposes, be prima facie evidence that all 
        requirements of the law respecting the taxation and forfeiture 
        of the lands therein described were complied with, and that at 
        the date of the certificate absolute title to such lands had 
        vested in the state by reason of forfeiture for delinquent 
        taxes, as set forth in the certificate. 
           Sec. 81.  Minnesota Statutes 1997 Supplement, section 
        297A.48, subdivision 1, is amended to read: 
           Subdivision 1.  [AUTHORIZATION; SCOPE.] (a) A political 
        subdivision of this state may impose a general sales tax if 
        permitted by special law or if the subdivision enacted and 
        imposed the tax before the effective date of section 477A.016 
        and its predecessor provision. 
           (b) This section governs the imposition of a general sales 
        tax by the political subdivision.  The provisions of this 
        section preempt the provisions of any special law: 
           (1) enacted before its effective date June 2, 1997, or 
           (2) enacted on or after its effective date June 2, 1997, 
        that does not explicitly exempt the special law provision from 
        this section's rules by reference. 
           (c) This section does not apply to or preempt a sales tax 
        on motor vehicles or a special excise tax on motor vehicles. 
           Sec. 82.  Minnesota Statutes 1997 Supplement, section 
        297A.48, subdivision 10, is amended to read: 
           Subd. 10.  [APPLICATION.] This section applies to all local 
        sales taxes authorized on or after the day of enactment of Laws 
        1997, chapter 231 June 2, 1997.  Starting January 1, 2000, this 
        section applies to all local sales taxes that were authorized 
        before the day of enactment of Laws 1997, chapter 231 June 2, 
        1997. 
           Sec. 83.  Minnesota Statutes 1997 Supplement, section 
        325D.32, subdivision 4, is amended to read: 
           Subd. 4.  "Wholesaler" means and includes any person who 
        acquires cigarettes for the purpose of sale to retailers or to 
        other persons for resale, and who maintains an established place 
        of business when any part of the business is the sale of 
        cigarettes at wholesale to persons licensed to sell cigarettes 
        by the state or any municipality, and where at all times a stock 
        of cigarettes is available to retailers for resale, or any 
        cigarette manufacturer or manufacturer's representative who 
        sells to retailers or to other persons for resale, and any 
        person defined as a "distributor" under section 297F.01, 
        subdivision 6 4.  The term "wholesaler" shall also include a 
        "subjobber" as defined by section 297F.01, subdivision 19 5.  
        This subdivision does not prohibit any person from engaging in 
        business as a retailer as defined in subdivision 5. 
           Sec. 84.  Minnesota Statutes 1997 Supplement, section 
        325D.415, is amended to read: 
           325D.415 [CIGARETTE DISTRIBUTOR FEES.] 
           A cigarette distributor as defined in section 297F.01, 
        subdivision 6 4, shall pay to the commissioner an annual fee as 
        follows:  
           (1) a fee of $2,500 is due from those distributors whose 
        annual cigarette tax collections exceed $2,000,000; and 
           (2) a fee of $1,200 is due from those distributors whose 
        annual cigarette tax collections are $2,000,000 or less. 
           The annual fee must be paid by December 31 of each year.  
        If the fee is not paid when due, the commissioner shall revoke 
        or refuse to issue or renew the license under chapter 297.  The 
        annual fee must be deposited into the general fund. 
           Sec. 85.  Minnesota Statutes 1996, section 325F.692, 
        subdivision 2, is amended to read: 
           Subd. 2.  [UNAUTHORIZED INFORMATION SERVICE CHARGES; 
        LIABILITY.] A telephone service subscriber is not responsible 
        for information service charges for calls made by minors or 
        vulnerable adults as defined in section 626.5572, subdivision 2 
        21, unless expressly authorized by the subscriber or spouse. 
           Sec. 86.  Minnesota Statutes 1997 Supplement, section 
        326.921, is amended to read: 
           326.921 [BUILDING PERMIT CONDITIONED ON LICENSURE.] 
           A political subdivision shall not issue a building permit 
        to an unlicensed person who is required to be licensed under 
        sections 326.83 to 326.991.  A political subdivision that issues 
        zoning or land use permits in lieu of a building permit shall 
        not issue those permits to an unlicensed person who is required 
        to be licensed under sections 326.83 to 326.911 326.991.  The 
        political subdivision shall report the person applying for the 
        permit to the commissioner who may bring an action against the 
        person. 
           Sec. 87.  Minnesota Statutes 1996, section 353.01, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [INCLUDED EMPLOYEES.] Public employees whose 
        salary from one governmental subdivision exceeds $425 in any 
        month shall participate as members of the association.  If the 
        salary of an employee is less than $425 in a subsequent month, 
        the employee retains membership eligibility.  The following 
        persons are considered public employees: 
           (1) employees whose annual salary from one governmental 
        subdivision exceeds a stipulation prepared in advance, in 
        writing, to be not more than $5,100 per calendar year or per 
        school year for school employees for employment expected to be 
        of a full year's duration or more than the prorated portion of 
        $5,100 per employment period expected to be of less than a full 
        year's duration.  If compensation from one governmental 
        subdivision to an employee under this clause exceeds $5,100 per 
        calendar year or school year after being stipulated in advance 
        not to exceed that amount, the stipulation is no longer valid 
        and contributions must be made on behalf of the employee under 
        section 353.27, subdivision 12, from the month in which the 
        employee's salary first exceeded $425; 
           (2) employees whose total salary from concurrent 
        nontemporary positions in one governmental subdivision exceeds 
        $425 in any month; 
           (3) elected officers for service to which they were elected 
        by the public-at-large, or persons appointed to fill a vacancy 
        in an elective office, who elect to participate by filing an 
        application for membership, but not for service on a joint or 
        regional board that is a governmental subdivision under 
        subdivision 6, paragraph (a), unless the salary earned for that 
        service exceeds $425 in any month.  The option to become a 
        member, once exercised, may not be withdrawn during the 
        incumbency of the person in office; 
           (4) members who are appointed by the governor to be a state 
        department head and elect not to be covered by the Minnesota 
        state retirement system under section 352.021; 
           (5) employees of elected officers; 
           (6) persons who elect to remain members under section 
        136C.75, or 480.181, subdivision 2; 
           (7) employees of a school district who receive separate 
        salaries for driving their own buses; 
           (8) employees of the Minnesota association of townships 
        when the board of the association, at its option, certifies to 
        the executive director that its employees are to be included for 
        purposes of retirement coverage, in which case coverage of all 
        employees of the association is permanent; 
           (9) employees of a county historical society who are county 
        employees; 
           (10) employees of a county historical society located in 
        the county whom the county, at its option, certifies to the 
        executive director to be county employees for purposes of 
        retirement coverage under this chapter, which status must be 
        accorded to all similarly situated county historical society 
        employees and, once established, must continue as long as a 
        person is an employee of the county historical society and is 
        not excluded under subdivision 2b; and 
           (11) employees who became members before July 1, 1988, 
        based on the total salary of positions held in more than one 
        governmental subdivision. 
           Sec. 88.  [REPEALER; SECTION 373.40 CONFLICT.] 
           Laws 1997, chapter 219, section 3, is repealed. 
           Sec. 89.  [REPEALER; SECTION 458D.14.] 
           Minnesota Statutes 1996, section 458D.14, subdivision 2, is 
        repealed. 
           Sec. 90.  Minnesota Statutes 1996, section 458D.15, is 
        amended to read: 
           458D.15 [TAX LEVIES.] 
           The board shall have power to levy taxes for debt service 
        of the district disposal system, including solid waste disposal 
        facilities, upon all taxable property within the district 
        without limitation of rate or amount and without affecting the 
        amount or rate of taxes which may be levied by the board for 
        other purposes or by any local government unit in the district.  
        No other provision of law relating to debt limit shall restrict 
        or in any way limit the power of the board to issue the bonds 
        and certificates authorized in section 458D.14.  The board shall 
        also have power to levy taxes as provided in sections section 
        458D.11 and 458D.13.  Each of the county auditors shall annually 
        assess and extend upon the tax rolls of the auditor's county the 
        portion of the taxes levied by the board in each year which is 
        certified by the board.  Each county treasurer shall collect and 
        make settlement of such taxes with the treasurer of the board. 
           Sec. 91.  Minnesota Statutes 1996, section 473.191, 
        subdivision 2, is amended to read: 
           Subd. 2.  [WATER RESOURCES.] The metropolitan council may 
        provide technical assistance to cities, counties, and towns to 
        expedite adoption and enforcement of local ordinances under 
        sections 103F.121, 103F.201 to 103F.221, and 473.204 473.206 to 
        473.208. 
           Sec. 92.  Minnesota Statutes 1996, section 473.197, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PROJECT SELECTION.] Before pledging its full 
        faith and credit, the council must establish criteria for 
        selecting appropriate qualified housing development projects for 
        the credit enhancement program.  The council may award 
        preferences for qualified housing development projects that meet 
        criteria for preferences established by the council.  The 
        council must establish the criteria in consultation with housing 
        providers in the metropolitan area.  In developing priorities 
        for projects for the credit enhancement program, the council 
        shall give priority to projects that develop or redevelop 
        housing for low-income households.  The council shall consider 
        the extent to which projects for the credit enhancement program 
        are developed in collaboration with Minnesota Youth-Build under 
        sections 268.361 to 268.367 268.366; or training for housing 
        programs for homeless adults under Laws 1992, chapter 376, 
        article 6; or other employment training programs. 
           Sec. 93.  Minnesota Statutes 1997 Supplement, section 
        473.249, subdivision 1, is amended to read: 
           Subdivision 1.  [INDEXED LIMIT.] (a) The metropolitan 
        council may levy a tax on all taxable property in the 
        metropolitan area defined in section 473.121 to provide funds 
        for the purposes of sections 473.121 to 473.249 and for the 
        purpose of carrying out other responsibilities of the council as 
        provided by law.  This tax for general purposes shall be levied 
        and collected in the manner provided by section 473.13. 
           (b) The property tax levied by the metropolitan council for 
        general purposes shall not exceed the following amount for the 
        years specified: 
           (a) for taxes payable in 1988, the product of 8/30 of one 
        mill multiplied by the total assessed valuation of all taxable 
        property located within the metropolitan area as adjusted by the 
        provisions of Minnesota Statutes 1986, sections 272.64; 273.13, 
        subdivision 7a; and 275.49; 
           (b) for taxes payable in 1989, the product of (1) the 
        metropolitan council's property tax levy limitation for general 
        purposes for the taxes payable year 1988 determined under clause 
        (a) multiplied by (2) an index for market valuation changes 
        equal to the assessment year 1988 total market valuation of all 
        taxable property located within the metropolitan area divided by 
        the assessment year 1987 total market valuation of all taxable 
        property located within the metropolitan area; and 
           (c) for taxes payable in 1990 and subsequent years, the 
        product of:  (1) the metropolitan council's property tax levy 
        limitation for general purposes for the previous year determined 
        under this subdivision multiplied by (2) the lesser of 
           (i) an index for market valuation changes equal to the 
        total market valuation of all taxable property located within 
        the metropolitan area for the current taxes payable year divided 
        by the total market valuation of all taxable property located 
        within the metropolitan area for the previous taxes payable 
        year; 
           (ii) an index equal to the implicit price deflator for 
        government consumption expenditures and gross investment for 
        state and local governments for the most recent month for which 
        data are available divided by the same implicit price deflator 
        for the same month of the previous year; or 
           (iii) 103 percent. 
           (c) For the purpose of determining the metropolitan 
        council's property tax levy limitation for general purposes for 
        the taxes payable year 1988 and subsequent years under this 
        subdivision, "total market valuation" means the total market 
        valuation of all taxable property within the metropolitan area 
        without valuation adjustments for fiscal disparities (chapter 
        473F), tax increment financing (sections 469.174 to 469.179), 
        and high voltage transmission lines (section 273.425). 
           Sec. 94.  Minnesota Statutes 1996, section 477A.011, 
        subdivision 27, is amended to read: 
           Subd. 27.  [REVENUE BASE.] "Revenue base" means the amount 
        levied for taxes payable in the previous year, including the 
        levy on the fiscal disparity distribution under section 276A.06, 
        subdivision 3, paragraph (a), or 473F.08, subdivision 3, 
        paragraph (a), and before reduction for the homestead and 
        agricultural credit aid under section 273.1398, subdivision 2, 
        equalization aid under section 477A.013, subdivision 5, and 
        disparity reduction aid under section 273.1398, subdivision 3; 
        plus the originally certified local government aid in the 
        previous year under sections 477A.011, 477A.012, and 477A.013, 
        except for 477A.013, subdivision 5; and the taconite aids 
        received in the previous year under sections 298.28 and 298.282. 
           Sec. 95.  Minnesota Statutes 1997 Supplement, section 
        477A.011, subdivision 34, is amended to read: 
           Subd. 34.  [CITY REVENUE NEED.] (a) For a city with a 
        population equal to or greater than 2,500, "city revenue need" 
        is the sum of (1) 3.462312 times the pre-1940 housing 
        percentage; plus (2) 2.093826 times the commercial industrial 
        percentage; plus (3) 6.862552 times the population decline 
        percentage; plus (4) .00026 times the city population; plus (5) 
        152.0141. 
           (b) For a city with a population less than 2,500, "city 
        revenue need" is the sum of (1) 1.795919 times the pre-1940 
        housing percentage; plus (2) 1.562138 times the commercial 
        industrial percentage; plus (3) 4.177568 times the population 
        decline percentage; plus (4) 1.04013 times the transformed 
        population; minus (5) 107.475. 
           (c) The city revenue need cannot be less than zero. 
           (d) For calendar year 1995 1998 and subsequent years, the 
        city revenue need for a city, as determined in paragraphs (a) to 
        (c), is multiplied by the ratio of the annual implicit price 
        deflator for government consumption expenditures and gross 
        investment for state and local governments as prepared by the 
        United States Department of Commerce, for the most recently 
        available year to the 1993 implicit price deflator for state and 
        local government purchases. 
           Sec. 96.  Minnesota Statutes 1996, section 477A.0132, 
        subdivision 3, is amended to read: 
           Subd. 3.  [ORDER OF AID REDUCTIONS.] (a) The aid reduction 
        to a local government calculated under subdivisions 1, 
        paragraphs (a) and (c), and 2, paragraphs (a) and (c), is 
        applied to homestead and agricultural credit aid under section 
        273.1398 only. 
           (b) The aid reduction to a local government calculated 
        under subdivisions 1, paragraph (d), and 2, paragraph (d), is 
        applied to homestead and agricultural credit aid paid under 
        section 273.1398 only; the amount is first subtracted from the 
        amount paid to a county's regional rail authority, if there is 
        one, and then from the county's general homestead and 
        agricultural credit aid. 
           (c) The aid reduction to a local government as calculated 
        under other paragraphs of subdivisions 1 and 2, is first applied 
        to its local government aid under sections 477A.012 and section 
        477A.013 excluding aid under section 477A.013, subdivision 5; 
        then, if necessary, to its equalization aid under section 
        477A.013, subdivision 5; then if necessary, to its homestead and 
        agricultural credit aid under section 273.1398, subdivision 2; 
        and then, if necessary, to its disparity reduction aid under 
        section 273.1398, subdivision 3.  No aid payment may be less 
        than $0.  Aid reductions under this section in any given year 
        shall be divided equally between the July and December aid 
        payments unless specified otherwise. 
           Sec. 97.  Minnesota Statutes 1996, section 477A.014, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CALCULATIONS AND PAYMENTS.] The 
        commissioner of revenue shall make all necessary calculations 
        and make payments pursuant to sections 477A.012, 477A.013, 
        477A.0132, and 477A.03 directly to the affected taxing 
        authorities annually.  In addition, the commissioner shall 
        notify the authorities of their aid amounts, as well as the 
        computational factors used in making the calculations for their 
        authority, and those statewide total figures that are pertinent, 
        before August 1 of the year preceding the aid distribution 
        year.  For the purposes of this subdivision, aid is determined 
        for a city or town based on its city or town status as of June 
        30 of the year preceding the aid distribution year.  If the 
        effective date for a municipal incorporation, consolidation, 
        annexation, detachment, dissolution, or township organization is 
        on or before June 30 of the year preceding the aid distribution 
        year, such change in boundaries or form of government shall be 
        recognized for aid determinations for the aid distribution 
        year.  If the effective date for a municipal incorporation, 
        consolidation, annexation, detachment, dissolution, or township 
        organization is after June 30 of the year preceding the aid 
        distribution year, such change in boundaries or form of 
        government shall not be recognized for aid determinations until 
        the following year.  
           Sec. 98.  Minnesota Statutes 1996, section 477A.014, 
        subdivision 3, is amended to read: 
           Subd. 3.  [AID AMOUNT CORRECTION.] If, due to an error in 
        the factors used to calculate a taxing authority's aid pursuant 
        to section 477A.012 or 477A.013 the amount indicated in the 
        certification of the commissioner to the taxing authority for a 
        year is less than the amount to which it is entitled pursuant to 
        this section, the commissioner of revenue shall additionally 
        distribute the amount necessary to make the full correct 
        distribution to the taxing authority.  The additional 
        distribution shall be paid from the general fund and shall not 
        diminish the distributions made to other taxing authorities 
        under this section. 
           Sec. 99.  [REPEALER; SECTIONS 518.611 AND 518.613 
        CONFLICTS.] 
           Laws 1997, chapter 187, article 2, sections 11 and 12, are 
        repealed. 
           Sec. 100.  Minnesota Statutes 1997 Supplement, section 
        552.04, subdivision 1, is amended to read: 
           Subdivision 1.  [RULES OF CIVIL PROCEDURE.] Unless this 
        chapter specifically provides otherwise, the Minnesota Rules of 
        Civil Procedure for the district courts and section 518.511 
        518.551 apply in all proceedings under this chapter. 
           Sec. 101.  Minnesota Statutes 1997 Supplement, section 
        609.749, subdivision 2, is amended to read: 
           Subd. 2.  [HARASSMENT AND STALKING CRIMES.] (a) A person 
        who harasses another by committing any of the following acts is 
        guilty of a gross misdemeanor: 
           (1) directly or indirectly manifests a purpose or intent to 
        injure the person, property, or rights of another by the 
        commission of an unlawful act; 
           (2) stalks, follows, or pursues another; 
           (3) returns to the property of another if the actor is 
        without claim of right to the property or consent of one with 
        authority to consent; 
           (4) repeatedly makes telephone calls, or induces a victim 
        to make telephone calls to the actor, whether or not 
        conversation ensues; 
           (5) makes or causes the telephone of another repeatedly or 
        continuously to ring; or 
           (6) repeatedly mails or delivers or causes the delivery of 
        letters, telegrams, messages, packages, or other objects; or 
           (7) engages in any other harassing conduct that interferes 
        with another person or intrudes on the person's privacy or 
        liberty. 
           (b) The conduct described in paragraph (a), clauses (4) and 
        (5), may be prosecuted at the place where any call is either 
        made or received.  The conduct described in paragraph (a), 
        clause (6), may be prosecuted where any letter, telegram, 
        message, package, or other object is either sent or received. 
           Sec. 102.  Minnesota Statutes 1997 Supplement, section 
        609.7495, subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] For the purposes of this 
        section, the following terms have the meanings given them. 
           (a) "Facility" means any of the following: 
           (1) a hospital or other health institution licensed under 
        sections 144.50 to 144.56; 
           (2) a medical facility as defined in section 144.561; 
           (3) an agency, clinic, or office operated under the 
        direction of or under contract with the commissioner of health 
        or a community health board, as defined in section 145A.02; 
           (4) a facility providing counseling regarding options for 
        medical services or recovery from an addiction; 
           (5) a facility providing emergency shelter services for 
        battered women, as defined in section 611A.31, subdivision 3, or 
        a facility providing transitional housing for battered women and 
        their children; 
           (6) a residential care home or home as defined in section 
        144B.01, subdivision 5; 
           (7) a facility as defined in section 626.556, subdivision 
        2, paragraph (f); 
           (8) (7) a facility as defined in section 626.5572, 
        subdivision 6, where the services described in that paragraph 
        are provided; 
           (9) (8) a place to or from which ambulance service, as 
        defined in section 144E.001, is provided or sought to be 
        provided; and 
           (10) (9) a hospice program licensed under section 144A.48. 
           (b) "Aggrieved party" means a person whose access to or 
        egress from a facility is obstructed in violation of subdivision 
        2, or the facility. 
           Sec. 103.  Minnesota Statutes 1996, section 611A.21, 
        subdivision 2, is amended to read: 
           Subd. 2.  As used in sections 611A.21 to 611A.23 and 
        611A.221, a "sexual attack" means any nonconsensual act of rape, 
        sodomy, or indecent liberties. 
           Sec. 104.  Minnesota Statutes 1996, section 611A.25, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CREATION.] The commissioner of corrections 
        shall appoint a 12-member advisory council on sexual assault to 
        advise the commissioner on the implementation and continued 
        operation of sections 611A.21 to 611A.23 and 611A.221.  The 
        sexual assault advisory council shall also serve as a liaison 
        between the commissioner and organizations that provide services 
        to victims of sexual assault, and as an advocate within the 
        department of corrections for the rights of sexual assault 
        victims. 
           Sec. 105.  Minnesota Statutes 1997 Supplement, section 
        611A.74, subdivision 1a, is amended to read: 
           Subd. 1a.  [ORGANIZATION OF OFFICE.] (a) The ombudsman may 
        appoint employees necessary to discharge responsibilities of the 
        office.  The ombudsman may delegate to staff members any of the 
        ombudsman's authority or duties except the duties of formally 
        making recommendations to appropriate authorities and reports to 
        the office of the governor or to the legislature. 
           (b) The commissioner of public safety shall provide office 
        space and administrative support services to the ombudsman and 
        the ombudsman's staff. 
           (c) The crime victim ombudsman shall report to the 
        legislature biennially on the activities of the crime victim 
        ombudsman. 
           Sec. 106.  [REPEALER; SECTION 611A.75 CONFLICT.] 
           Laws 1997, chapter 239, article 7, section 37, is repealed. 
           Sec. 107.  [REVISOR'S INSTRUCTION.] 
           The revisor shall delete the term "19...." where it appears 
        in forms or similar places in Minnesota Statutes and Minnesota 
        Rules and replace it with "......." 
           Sec. 108.  [EFFECTIVE DATE.] 
           Section 101 is effective the day following final enactment. 
                                   ARTICLE 2 
                   UNIFIED TRIAL COURT REFERENCE CORRECTIONS
           Section 1.  Minnesota Statutes 1996, section 3C.08, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PERMANENT REQUIRED CONTENTS.] The 
        revisor's office shall publish editions of Minnesota Statutes. 
        Minnesota Statutes must contain the constitution of the United 
        States, the constitution of Minnesota, all general and permanent 
        statutes in force, an alphabetical index, a table of permanent 
        local laws, rules of the supreme court, rules of the district 
        court, rules of the county court, rules of other courts, rules 
        applicable to the courts generally, and any other information 
        the revisor considers desirable and practicable.  
           Sec. 2.  Minnesota Statutes 1996, section 3C.12, 
        subdivision 4, is amended to read: 
           Subd. 4.  [SALE TO COUNTY OFFICERS.] Each county shall 
        purchase from the revisor one copy each for the use of the judge 
        of the county court or county municipal court, court 
        administrator of the county court or county municipal court, 
        county attorney, sheriff, auditor, treasurer, county recorder, 
        and superintendent of schools.  
           Sec. 3.  Minnesota Statutes 1996, section 10A.01, 
        subdivision 19, is amended to read: 
           Subd. 19.  [OFFICE HOLDER.] "Office holder" means an 
        individual who holds any statewide or legislative office, except 
        a federal office for which candidates are required to report 
        under federal laws, state supreme court justice, and judges of 
        the court of appeals, or district court, county court, or county 
        municipal court. 
           Sec. 4.  Minnesota Statutes 1996, section 15A.082, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CREATION.] A compensation council is 
        created each even-numbered year to assist the legislature in 
        establishing the compensation of constitutional officers, 
        members of the legislature, justices of the supreme court, 
        judges of the court of appeals, and district court, county 
        court, and county municipal court, and the heads of state and 
        metropolitan agencies included in section 15A.081.  
           Sec. 5.  Minnesota Statutes 1996, section 15A.082, 
        subdivision 3, is amended to read: 
           Subd. 3.  [SUBMISSION OF RECOMMENDATIONS.] (a) By May 1 in 
        each odd-numbered year, the compensation council shall submit to 
        the speaker of the house of representatives and the president of 
        the senate salary recommendations for constitutional officers, 
        legislators, justices of the supreme court, and judges of the 
        court of appeals, and district court, county court, and county 
        municipal court.  The recommended salary for each office must 
        take effect on the first Monday in January of the next 
        odd-numbered year, with no more than one adjustment, to take 
        effect on January 1 of the year after that.  The salary 
        recommendations for legislators, judges, and constitutional 
        officers take effect if an appropriation of money to pay the 
        recommended salaries is enacted after the recommendations are 
        submitted and before their effective date.  Recommendations may 
        be expressly modified or rejected.  The salary recommendations 
        for legislators are subject to additional terms that may be 
        adopted according to section 3.099, subdivisions 1 and 3. 
           (b) The council shall also submit to the speaker of the 
        house of representatives and the president of the senate 
        recommendations for the salary ranges of the heads of state and 
        metropolitan agencies, to be effective retroactively from 
        January 1 of that year if enacted into law.  The recommendations 
        shall include the appropriate group in section 15A.081 to which 
        each agency head should be assigned and the appropriate 
        limitation on the maximum range of the salaries of the agency 
        heads in each group, expressed as a percentage of the salary of 
        the governor. 
           Sec. 6.  Minnesota Statutes 1996, section 48.846, 
        subdivision 3, is amended to read: 
           Subd. 3.  Upon finding that the applicant is duly 
        authorized to exercise fiduciary powers, the district court 
        shall enter an order substituting the applicant bank or trust 
        company in every fiduciary capacity held by the affiliated bank 
        or other bank or trust company for which substitution is sought 
        and which joined in the application, except as may be otherwise 
        specified in the application, and except for fiduciary 
        capacities in any account with respect to which a person 
        beneficially interested in the account has filed objection to 
        the substitution and has appeared and been heard in support of 
        the objection.  Upon entry of the order, or at a later date as 
        may be specified in the order, the applicant bank or trust 
        company shall, without further act, and notwithstanding any 
        other law to the contrary, be substituted in every such 
        fiduciary capacity.  The substitution may be made a matter of 
        record in any county of this state by filing a certified copy of 
        the order of substitution in the office of the court 
        administrator of any district, or county court in this state, or 
        by filing a certified copy of the order in the office of the 
        county recorder of any county in this state.  
           Sec. 7.  Minnesota Statutes 1996, section 127.09, is 
        amended to read: 
           127.09 [REFUSING TO SERVE ON SCHOOL BOARD.] 
           Any person who accepts election or appointment to any 
        school board and who refuses or neglects to qualify or to serve 
        or to perform any of the duties of the office, shall be fined 
        $10 for each offense.  The fine shall be collected in an action 
        before a county or municipal district court.  It may be 
        prosecuted in the name of the district by any school board 
        member or eligible voter of the district. 
           Sec. 8.  Minnesota Statutes 1996, section 127.17, 
        subdivision 4, is amended to read: 
           Subd. 4.  ["RUSHING" OR SOLICITING FORBIDDEN.] It is a 
        misdemeanor for any person, not a pupil of the schools, to be 
        upon school grounds, or to enter any school building, for the 
        purpose of "rushing" or soliciting any pupil of the schools to 
        join any fraternity, society, or association organized outside 
        of the schools.  Municipal and county courts have The district 
        court has jurisdiction of offenses committed under this 
        subdivision.  All persons found guilty shall be fined not less 
        than $2, nor more than $10, to be paid to the county treasurer 
        or, upon failure to pay the fine, to be imprisoned for not more 
        than ten days. 
           Sec. 9.  Minnesota Statutes 1996, section 134A.01, is 
        amended to read: 
           134A.01 [ESTABLISHMENT OF COUNTY LAW LIBRARY.] 
           Any county may establish a county law library wherever 
        sessions of court are required to be held by law upon the filing 
        of an order by the judge of the county or county municipal court 
        or by a district court judge of the judicial district in which 
        the county is situated with the court administrator of the 
        county.  
           Sec. 10.  Minnesota Statutes 1996, section 144.651, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [LEGISLATIVE INTENT.] It is the intent of 
        the legislature and the purpose of this section to promote the 
        interests and well being of the patients and residents of health 
        care facilities.  No health care facility may require a patient 
        or resident to waive these rights as a condition of admission to 
        the facility.  Any guardian or conservator of a patient or 
        resident or, in the absence of a guardian or conservator, an 
        interested person, may seek enforcement of these rights on 
        behalf of a patient or resident.  An interested person may also 
        seek enforcement of these rights on behalf of a patient or 
        resident who has a guardian or conservator through 
        administrative agencies or in district court or county court 
        having jurisdiction over guardianships and conservatorships. 
        Pending the outcome of an enforcement proceeding the health care 
        facility may, in good faith, comply with the instructions of a 
        guardian or conservator.  It is the intent of this section that 
        every patient's civil and religious liberties, including the 
        right to independent personal decisions and knowledge of 
        available choices, shall not be infringed and that the facility 
        shall encourage and assist in the fullest possible exercise of 
        these rights. 
           Sec. 11.  Minnesota Statutes 1996, section 145.698, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [AUTHORITY.] When a person has been accused 
        of violating any state or local law or ordinance in district or 
        municipal court, and if it appears to the court that the 
        defendant may be a drug dependent person, or by reason of the 
        repeated use of drugs may not be responsible for that person's 
        actions, the court may adjourn the proceedings and order the 
        county attorney to file a petition for commitment of the 
        defendant pursuant to the Minnesota hospitalization and 
        commitment act for confinement in a hospital, a mental health 
        center, the Willmar regional treatment center or other drug 
        treatment facility until such time as the court feels that such 
        person can be returned to the court.  
           Sec. 12.  Minnesota Statutes 1996, section 164.08, 
        subdivision 3, is amended to read: 
           Subd. 3.  [MAINTENANCE COSTS.] When a cartway is not 
        maintained by the town, one or more of the private property 
        owners who own land adjacent to a cartway or one or more of the 
        private property owners who has no access to the owner's land 
        except by way of the cartway may maintain the cartway.  The cost 
        of maintenance shall be equitably divided among all of the 
        private property owners who own land adjacent to the cartway and 
        all of the private property owners who have no access to their 
        land except by way of the cartway.  The following factors may be 
        taken into consideration when determining an equitable share of 
        maintenance expenses:  the frequency of use, the type and weight 
        of the vehicles or equipment, and the distance traveled on the 
        cartway to the individual's property.  The town board may 
        determine the maintenance costs to be apportioned to each 
        private property owner if the private property owners cannot 
        agree on the division of the costs.  The town board's decision 
        may be appealed within 30 days to the county district court of 
        the county in which the cartway is located.  Private property 
        owners who pay the cost of maintenance shall have a civil cause 
        of action against any of the private property owners who refuse 
        to pay their share of the maintenance cost. 
           Sec. 13.  Minnesota Statutes 1997 Supplement, section 
        169.123, subdivision 6, is amended to read: 
           Subd. 6.  [HEARING.] (a) A hearing under this section shall 
        be before a district judge in any county in the judicial 
        district where the alleged offense occurred.  The hearing shall 
        be to the court and may be conducted at the same time and in the 
        same manner as hearings upon pretrial motions in the criminal 
        prosecution under section 169.121, if any.  The hearing shall be 
        recorded.  The commissioner of public safety shall appear and be 
        represented by the attorney general or through the prosecuting 
        authority for the jurisdiction involved.  The hearing shall be 
        held at the earliest practicable date, and in any event no later 
        than 60 days following the filing of the petition for review.  
        The judicial district administrator shall establish procedures 
        to ensure efficient compliance with this subdivision.  To 
        accomplish this, the administrator may, whenever possible, 
        consolidate and transfer review hearings among the county courts 
        locations within the judicial district where terms of district 
        court are held.  
           (b) The scope of the hearing shall be limited to the issues 
        in clauses (1) to (10): 
           (1) Did the peace officer have probable cause to believe 
        the person was driving, operating, or in physical control of: 
           (i) a motor vehicle in violation of section 169.121; or 
           (ii) a commercial motor vehicle in violation of section 
        169.1211? 
           (2) Was the person lawfully placed under arrest for 
        violation of section 169.121 or 169.1211? 
           (3) Was the person involved in a motor vehicle accident or 
        collision resulting in property damage, personal injury, or 
        death? 
           (4) Did the person refuse to take a screening test provided 
        for by section 169.121, subdivision 6? 
           (5) If the screening test was administered, did the test 
        indicate an alcohol concentration of 0.10 or more? 
           (6) At the time of the request for the test, did the peace 
        officer inform the person of the person's rights and the 
        consequences of taking or refusing the test as required by 
        subdivision 2? 
           (7) Did the person refuse to permit the test? 
           (8) If a test was taken by a person driving, operating, or 
        in physical control of a motor vehicle, did the test results 
        indicate at the time of testing: 
           (i) an alcohol concentration of 0.10 or more; or 
           (ii) the presence of a controlled substance listed in 
        schedule I or II, other than marijuana or tetrahydrocannabinols? 
           (9) If a test was taken by a person driving, operating, or 
        in physical control of a commercial motor vehicle, did the test 
        results indicate an alcohol concentration of 0.04 or more at the 
        time of testing? 
           (10) Was the testing method used valid and reliable and 
        were the test results accurately evaluated? 
           (c) It shall be an affirmative defense for the petitioner 
        to prove that, at the time of the refusal, the petitioner's 
        refusal to permit the test was based upon reasonable grounds. 
           (d) Certified or otherwise authenticated copies of 
        laboratory or medical personnel reports, records, documents, 
        licenses, and certificates shall be admissible as substantive 
        evidence.  
           (e) The court shall order that the revocation or 
        disqualification be either rescinded or sustained and forward 
        the order to the commissioner of public safety.  The court shall 
        file its order within 14 days following the hearing.  If the 
        revocation or disqualification is sustained, the court shall 
        also forward the person's driver's license or permit to the 
        commissioner of public safety for further action by the 
        commissioner of public safety if the license or permit is not 
        already in the commissioner's possession. 
           Sec. 14.  Minnesota Statutes 1996, section 169.421, 
        subdivision 5, is amended to read: 
           Subd. 5.  [PROCEDURES.] A civil action may be commenced as 
        is any civil action or by the issuance of a citation to the 
        owner of the vehicle by any law enforcement officer who has 
        reason to believe that a violation has occurred.  Actions 
        commenced by the issuance of a citation by a law enforcement 
        officer shall be tried by the prosecuting authority responsible 
        for misdemeanor prosecutions in the jurisdiction where a 
        violation occurs.  Any damages recovered in an action brought by 
        a public agency shall be deposited in the treasury of the 
        jurisdiction trying the action and distributed as provided in 
        section 487.33.  Any county or county municipal district court 
        may establish a separate civil calendar for cases brought under 
        this section.  
           Sec. 15.  Minnesota Statutes 1996, section 169.421, 
        subdivision 7, is amended to read: 
           Subd. 7.  [PAYMENT.] Any county or county municipal 
        district court may establish a schedule of costs and civil 
        damages, and procedures for payment, in cases brought by a 
        public agency under which the defendant may consent to default 
        judgment and make payment according to the schedule without 
        making a personal appearance in court.  
           Sec. 16.  Minnesota Statutes 1996, section 169.871, 
        subdivision 2, is amended to read: 
           Subd. 2.  [JURISDICTION.] Notwithstanding the provisions of 
        sections 487.15, 488A.01 and 488A.18, The county and municipal 
        courts district court may hear, try and determine actions 
        commenced under this section.  Trials under this section shall 
        be to the court, sitting without a jury.  Trials to the court 
        under this section shall, if possible, be conducted at the same 
        time as pretrial motions or trials in the criminal prosecution 
        under sections 169.81 to 169.87, if any, subject to the 
        agreement of the defendant.  
           Sec. 17.  Minnesota Statutes 1996, section 169.965, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PROSECUTION.] The prosecution may be before any 
        county or municipal a district court having jurisdiction over 
        the place where the violation occurs. 
           Sec. 18.  Minnesota Statutes 1996, section 169.966, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PROSECUTION.] The prosecution may be before any 
        county or municipal a district court having jurisdiction over 
        the place where the violation occurs. 
           Sec. 19.  Minnesota Statutes 1996, section 169.971, 
        subdivision 4, is amended to read: 
           Subd. 4.  [COURT.] "Court" means a municipal court, 
        district court, or county court. 
           Sec. 20.  Minnesota Statutes 1996, section 169.99, 
        subdivision 3, is amended to read: 
           Subd. 3.  [ALTERATION BY LOCAL GOVERNMENTS.] Any city of 
        the first class, through its governing body, may alter by 
        deletion or addition the uniform traffic ticket in such manner 
        as it deems advisable for use in such city, provided that it 
        includes the notice required by subdivision 1, paragraph (b).  
        In respect to any public corporation organized and existing 
        pursuant to sections 473.601 to 473.679, whose ordinances and 
        regulations for the control of traffic are enforced through 
        prosecution in the municipal court of district court having 
        jurisdiction in one or the other of the cities of the first 
        class included within such public corporation, the traffic 
        ticket used in such enforcement shall conform to that used by 
        the city of the first class in whose municipal court the 
        district court having jurisdiction where its ordinances and 
        regulations are enforced, except as to color and as to 
        information uniquely applying to such public corporation and to 
        its ordinances and regulations. 
           Sec. 21.  Minnesota Statutes 1996, section 204B.11, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [AMOUNT; DISHONORED CHECKS; CONSEQUENCES.] 
        Except as provided by subdivision 2, a filing fee shall be paid 
        by each candidate who files an affidavit of candidacy.  The fee 
        shall be paid at the time the affidavit is filed.  The amount of 
        the filing fee shall vary with the office sought as follows: 
           (a) for the office of governor, lieutenant governor, 
        attorney general, state auditor, state treasurer, secretary of 
        state, representative in Congress, judge of the supreme court, 
        judge of the court of appeals, or judge of the district court, 
        or judge of the county municipal court of Hennepin county, $300; 
           (b) for the office of senator in Congress, $400; 
           (c) for office of senator or representative in the 
        legislature, $100; 
           (d) for a county office, $50; and 
           (e) for the office of soil and water conservation district 
        supervisor, $20. 
           For the office of presidential elector, and for those 
        offices for which no compensation is provided, no filing fee is 
        required. 
           The filing fees received by the county auditor shall 
        immediately be paid to the county treasurer.  The filing fees 
        received by the secretary of state shall immediately be paid to 
        the state treasurer. 
           When an affidavit of candidacy has been filed with the 
        appropriate filing officer and the requisite filing fee has been 
        paid, the filing fee shall not be refunded.  If a candidate's 
        filing fee is paid with a check, draft, or similar negotiable 
        instrument for which sufficient funds are not available or that 
        is dishonored, notice to the candidate of the worthless 
        instrument must be sent by the filing officer via registered 
        mail no later than immediately upon the closing of the filing 
        deadline with return receipt requested.  The candidate will have 
        five days from the time the filing officer receives proof of 
        receipt to issue a check or other instrument for which 
        sufficient funds are available.  The candidate issuing the 
        worthless instrument is liable for a service charge pursuant to 
        section 332.50.  If adequate payment is not made, the name of 
        the candidate must not appear on any official ballot and the 
        candidate is liable for all costs incurred by election officials 
        in removing the name from the ballot. 
           Sec. 22.  Minnesota Statutes 1996, section 204B.11, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PETITION IN PLACE OF FILING FEE.] At the time of 
        filing an affidavit of candidacy, a candidate may present a 
        petition in place of the filing fee.  The petition may be signed 
        by any individual eligible to vote for the candidate.  A 
        nominating petition filed pursuant to section 204B.07 or 
        204B.13, subdivision 4, is effective as a petition in place of a 
        filing fee if the nominating petition includes a prominent 
        statement informing the signers of the petition that it will be 
        used for that purpose.  
           The number of signatures on a petition in place of a filing 
        fee shall be as follows:  
           (a) for a state office voted on statewide, or for president 
        of the United States, or United States senator, 2,000; 
           (b) for a congressional office, 1,000; 
           (c) for a county or legislative office, or for the office 
        of district, county, or county municipal judge, 500; and 
           (d) for any other office which requires a filing fee as 
        prescribed by law, municipal charter, or ordinance, the lesser 
        of 500 signatures or five percent of the total number of votes 
        cast in the municipality, ward, or other election district at 
        the preceding general election at which that office was on the 
        ballot.  
           An official with whom petitions are filed shall make sample 
        forms for petitions in place of filing fees available upon 
        request.  
           Sec. 23.  Minnesota Statutes 1996, section 204B.34, 
        subdivision 3, is amended to read: 
           Subd. 3.  [JUDICIAL ELECTIONS.] When one or more justices 
        of the supreme court or judges of the court of appeals or of a 
        district, county or county municipal court are to be nominated 
        at the same primary or elected at the same general election, the 
        notice of election shall state the name of each justice or judge 
        whose successor is to be nominated or elected.  
           Sec. 24.  Minnesota Statutes 1996, section 204C.35, 
        subdivision 2, is amended to read: 
           Subd. 2.  [OPTIONAL RECOUNT.] A losing candidate for 
        nomination or election to a legislative office or to a district, 
        county, or county municipal court judicial office may request a 
        recount in a manner provided in this section at the candidate's 
        own expense when the vote difference is greater than the 
        difference required by this section.  The votes shall be 
        recounted as provided in this section if the candidate files a 
        request during the time for filing notice of contest of the 
        primary or election for which a recount is sought.  The 
        requesting candidate shall file with the filing officer a bond, 
        cash, or surety in an amount set by the filing officer for the 
        payment of the recount expenses.  The requesting candidate is 
        responsible for the following expenses:  the compensation of the 
        secretary of state, or designees, and any election judge, 
        municipal clerk, county auditor, administrator, or other 
        personnel who participate in the recount; the costs of computer 
        operation, preparation of ballot counting equipment, necessary 
        supplies and travel related to the recount; the compensation of 
        the appropriate canvassing board and costs of preparing for the 
        canvass of recount results; and any attorney fees incurred in 
        connection with the recount by the governing body responsible 
        for the recount. 
           Sec. 25.  Minnesota Statutes 1996, section 204D.02, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [OFFICERS.] All elective state and county 
        officers, justices of the supreme court, judges of the court of 
        appeals, and district, county and county municipal courts court, 
        state senators and state representatives, and senators and 
        representatives in Congress shall be elected at the state 
        general election held in the year before their terms of office 
        expire.  Presidential electors shall be chosen at the state 
        general election held in the year before the expiration of a 
        term of a president of the United States.  
           Sec. 26.  Minnesota Statutes 1996, section 204D.08, 
        subdivision 6, is amended to read: 
           Subd. 6.  [STATE AND COUNTY NONPARTISAN PRIMARY BALLOT.] 
        The state and county nonpartisan primary ballot shall be headed 
        "State and County Nonpartisan Primary Ballot."  It shall be 
        printed on canary paper.  The names of candidates for nomination 
        to the supreme court, court of appeals, district, county and 
        county municipal courts court, and all county offices shall be 
        placed on this ballot.  
           No candidate whose name is placed on the state and county 
        nonpartisan primary ballot shall be designated or identified as 
        the candidate of any political party or in any other manner 
        except as expressly provided by law.  
           Sec. 27.  Minnesota Statutes 1996, section 257.022, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [WHEN PARENT IS DECEASED.] If a parent of 
        an unmarried minor child is deceased, the parents and 
        grandparents of the deceased parent may be granted reasonable 
        visitation rights to the unmarried minor child during minority 
        by the district or county court upon finding that visitation 
        rights would be in the best interests of the child and would not 
        interfere with the parent child relationship.  The court shall 
        consider the amount of personal contact between the parents or 
        grandparents of the deceased parent and the child prior to the 
        application. 
           Sec. 28.  Minnesota Statutes 1996, section 257.022, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [WHEN CHILD HAS RESIDED WITH GRANDPARENTS.] If 
        an unmarried minor has resided with grandparents or 
        great-grandparents for a period of 12 months or more, and is 
        subsequently removed from the home by the minor's parents, the 
        grandparents or great-grandparents may petition the district or 
        county court for an order granting them reasonable visitation 
        rights to the child during minority.  The court shall grant the 
        petition if it finds that visitation rights would be in the best 
        interests of the child and would not interfere with the parent 
        and child relationship. 
           Sec. 29.  Minnesota Statutes 1996, section 257.59, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [COURT JURISDICTION.] Except in Hennepin 
        and Ramsey counties, the county court has jurisdiction of an 
        action brought under sections 257.51 to 257.74.  In Hennepin and 
        Ramsey counties, The district court has jurisdiction of an 
        action brought under sections 257.51 to 257.74.  The action may 
        be joined with an action for dissolution, annulment, legal 
        separation, custody under chapter 518, or reciprocal enforcement 
        of support.  
           Sec. 30.  Minnesota Statutes 1996, section 345.02, is 
        amended to read: 
           345.02 [UNCLAIMED PROPERTY MAY BE SOLD UPON NOTICE; SUMMARY 
        SALE.] 
           If any property is not claimed or taken away within one 
        year after its reception, it may be sold upon 60 days' notice.  
        If it is perishable or subject to decay by keeping, it may be 
        sold, if not taken away within 30 days, upon ten days' notice.  
        If it is in a state of decay, or manifestly liable to decay, it 
        may be summarily sold by order of any judge of the county or 
        municipal district court after inspection and without notice.  
        When not sold summarily, notice shall be given to the owner 
        personally or by mail.  If the name of the owner is not known, 
        and cannot be ascertained with reasonable diligence, published 
        notice for the prescribed periods shall be given. 
           Sec. 31.  Minnesota Statutes 1996, section 345.03, is 
        amended to read: 
           345.03 [PROCEEDINGS IF PROPERTY NOT CLAIMED.] 
           If the owner or person entitled to the property does not 
        take it away and pay the charges on it after notice has been 
        given, the person having possession of it or the possessor's 
        agent shall make and deliver to the judge of any county or 
        municipal district court, an affidavit setting forth a 
        description of the property, the date of its reception, the 
        giving of the notice, and whether the owner is known or unknown. 
           Sec. 32.  Minnesota Statutes 1996, section 345.14, is 
        amended to read: 
           345.14 [FEES OF COURT ADMINISTRATORS AND CONSTABLES.] 
           For services performed under the provisions of this 
        chapter, court administrators of county or municipal 
        courts district court shall be allowed $1 for each day, and 
        constables the same fees as are allowed by law for sales upon 
        execution, and ten cents per folio for making an inventory of 
        the property.  
           Sec. 33.  Minnesota Statutes 1996, section 346.04, is 
        amended to read: 
           346.04 [CHARGES FOR KEEPING.] 
           The person entitled to the possession of any estray, at any 
        time within one year after notice is filed with the town clerk, 
        may have it restored upon proving the right to it and paying all 
        lawful charges that occur in relation to it.  If the person and 
        the finder cannot agree as to the amount of the charges, or upon 
        what should be allowed for the use of the estray, either party, 
        on notice to the other, may apply to a county or municipal 
        district court judge to settle the disagreement.  The judge may 
        examine witnesses on oath.  If any amount is owed to the finder, 
        over the value of the use of the estray, the money, with costs, 
        shall be a lien upon the estray.  The costs of the adjudication 
        shall be allocated by the judge. 
           Sec. 34.  Minnesota Statutes 1996, section 346.55, 
        subdivision 2, is amended to read: 
           Subd. 2.  [JURISDICTION.] Notwithstanding sections 487.15, 
        488A.01, and 488A.18, The county and municipal courts district 
        court may hear, try, and determine actions started under this 
        section.  Trials under this section must be to the court, 
        sitting without a jury. 
           Sec. 35.  Minnesota Statutes 1996, section 347.04, is 
        amended to read: 
           347.04 [PUBLIC NUISANCE.] 
           Any dog that habitually worries, chases, or molests teams 
        or persons traveling peaceably on the public road is a public 
        nuisance.  Upon complaint in writing to a county or municipal 
        judge containing a description of the dog, including the name of 
        the dog and its owner, or stating that the name or names are not 
        known, and alleging that the dog is a public nuisance, the judge 
        shall issue a summons, if the owner is known, commanding the 
        owner to appear before the judge at a specified time, not less 
        than six nor more than ten days from the date of the summons, to 
        answer the complaint.  The summons shall be served not less than 
        six days before the day of the hearing in the same manner as 
        other county or municipal district court summonses. 
           Sec. 36.  Minnesota Statutes 1996, section 383A.281, 
        subdivision 13, is amended to read: 
           Subd. 13.  [COUNTY PERSONNEL SYSTEM.] "County personnel 
        system" means all employees in the departments or agencies of 
        county government or joint city and county agencies which 
        receive their funding in whole or in part from the county board, 
        including employees of: 
           (a) elected officials; 
           (b) the Saint Paul-Ramsey medical center commission; and 
           (c) the court administrator of district court; 
        but not including: 
           (1) district and municipal court judges; 
           (2) court reporters, law clerks, referees employed by the 
        district and municipal courts, employees of the municipal court, 
        and the second judicial district administrator's office; 
           (3) court commissioners; 
           (4) the public defender; 
           (5) employees of the examiner of titles, agricultural 
        extension service, humane society, historical society, and soil 
        and water conservation district; and 
           (6) other employees not subject to a county personnel 
        system because of state law. 
           Sec. 37.  Minnesota Statutes 1996, section 383A.286, 
        subdivision 2, is amended to read: 
           Subd. 2.  [UNCLASSIFIED POSITIONS.] The following positions 
        shall be in the unclassified service: 
           (a) positions held by elected officials or persons 
        appointed to fill an elected office; 
           (b) one assistant for each elected official; 
           (c) the director or principal administrative officer of a 
        department of county government or agency created by law, except 
        that the affirmative action officer, personnel director, 
        internal auditor, and director of budgeting and accounting shall 
        be positions in the classified service; 
           (d) doctors, residents, and student nurses employed by the 
        county or county agency; 
           (e) members of a board or commission appointed by the 
        county, or the county and the city, and acting in an advisory 
        capacity; 
           (f) weed inspectors, election judges, or election clerks; 
           (g) special police officers or special deputy sheriffs 
        serving without pay; 
           (h) judges, court administrators, court reporters, 
        receivers, referees, the examiner or assistant examiners of 
        titles, public defenders, arbiters, jurors, court administrator 
        of district court, or persons appointed by the district court to 
        make or conduct a special inquiry of a judicial or temporary 
        character; 
           (i) all positions in the municipal court of Ramsey county 
        and the second judicial district administrator's office; 
           (j) the executive director and eight principal assistants; 
           (k) the chief executive officer of the medical center and 
        seven principal assistants; 
           (l) interns, student workers, law clerks, or other 
        employees employed for a limited duration as determined by the 
        county board; 
           (m) positions designated by the county board as 
        unclassified pursuant to subdivision 3; 
           (n) the sheriff, the sheriff's chief deputy, three 
        principal assistants, and a personal secretary; and 
           (o) the county attorney, the county attorney's first 
        assistant, one principal assistant, and a personal secretary. 
           Sec. 38.  Minnesota Statutes 1996, section 383A.404, 
        subdivision 4, is amended to read: 
           Subd. 4.  [OFFICIAL ATTENDANCE AT COURT.] The director or a 
        department person designated by the director shall be present in 
        the municipal courts in each subdivision of Ramsey county and in 
        the juvenile court of judge having chambers in the county at 
        each regular session, and shall be present in the district court 
        and any other court now or hereafter established in the county 
        when so requested by a judge of that court.  
           Sec. 39.  Minnesota Statutes 1996, section 383B.054, 
        subdivision 6, is amended to read: 
           Subd. 6.  [RECOVERY OF LATE FILING FEES.] A filing officer 
        may bring an action in the Hennepin county municipal fourth 
        judicial district court to recover any late filing fee imposed 
        pursuant to subdivision 5.  All money recovered shall be 
        deposited in the general fund of Hennepin county.  
           Sec. 40.  Minnesota Statutes 1996, section 383B.057, is 
        amended to read: 
           383B.057 [PROSECUTION OF VIOLATIONS.] 
           Except as otherwise provided in this section, a violation 
        of a criminal provision of sections 383B.041 to 383B.056 shall 
        be prosecuted by the Hennepin county attorney in the Hennepin 
        county municipal fourth judicial district court.  A violation by 
        a county official or candidate shall be prosecuted by the 
        attorney general in the district court of Ramsey county. 
           Sec. 41.  Minnesota Statutes 1996, section 383B.121, 
        subdivision 1, is amended to read: 
           Subdivision 1.  To implement the provisions of Laws 1975, 
        chapter 402, section 1, and Laws 1977, chapter 453, section 4, 
        subdivision 3, the Hennepin county board of commissioners is 
        authorized to establish and operate a corrections facility in 
        Hennepin county for the confinement of adult males and females 
        as the district court for the fourth judicial district or the 
        Hennepin county municipal court shall order confined there for 
        the service of sentences which alone or in combination with any 
        other sentence requires imprisonment for no longer than one year.
           Sec. 42.  Minnesota Statutes 1996, section 383B.129, is 
        amended to read: 
           383B.129 [INMATES FROM OTHER JURISDICTIONS.] 
           To the extent that the proper confinement, health, and 
        safety of inmates permit, the superintendent may accept for 
        confinement for periods not exceeding one year persons ordered 
        confined at the corrections facility for the execution of 
        sentences imposed in any county court or district court of the 
        state or in a United States magistrate's court or a district 
        court.  The maintenance cost for the inmate shall be the same as 
        that provided for in section 383B.128 and shall be borne by the 
        county or counties wherein the offense for which the inmate was 
        convicted occurred.  With respect to any inmate convicted in a 
        United States magistrate's court or a district court the 
        maintenance cost of the inmate shall be the same as that 
        provided in section 383B.128 and shall be borne by the United 
        States.  Prior to accepting any inmate for confinement pursuant 
        to this section, the superintendent shall have completed an 
        agreement with the appropriate county, state, or federal 
        authority as to the terms, conditions, and duration of the 
        confinement and for the payment of maintenance costs. 
           Sec. 43.  Minnesota Statutes 1996, section 383B.225, 
        subdivision 10, is amended to read: 
           Subd. 10.  [RECORDS AND REPORTS.] The county medical 
        examiner's office shall keep full and complete records, properly 
        indexed giving the name, if known, of every person or body of a 
        deceased person who is the subject of investigation by the 
        office, the place where the body was found, date and cause of 
        death, and all other available information relating to it.  The 
        final report of the investigating examiner, and the findings of 
        the autopsy, if any, shall be attached to the record of each 
        case.  The examiner shall, upon request, deliver to the county 
        attorney copies of records or other information in the 
        examiner's office of any cases of a criminal nature.  The 
        records and reports, including those of autopsies performed 
        under the provisions of sections 383B.211 to 383B.229, or 
        transcriptions thereof, certified by the county medical 
        examiner, shall be received as evidence in any court or grand 
        jury proceeding in this state.  The records and reports which 
        shall be admissible as evidence under this subdivision shall not 
        include statements made by witnesses or other persons unless 
        otherwise admissible.  Whenever requested by the Hennepin county 
        attorney, the examiner and the examiner's personnel shall appear 
        and testify before a Hennepin county grand jury or any Hennepin 
        county the fourth judicial district court, without fees or 
        additional compensation. 
           Sec. 44.  Minnesota Statutes 1996, section 393.07, 
        subdivision 9, is amended to read: 
           Subd. 9.  [POWER TO COMPEL CERTAIN PERSONS TO PAY CHILD 
        SUPPORT.] When directed by a judge of district or county court 
        or when a person under court order is in default in making child 
        support payments to another person who has custody of the 
        children for whom such payments have been ordered, the local 
        social services agency shall take such steps as may be necessary 
        to compel the person in default on such payments to make them; 
        to take such steps as may be necessary to compel such persons to 
        make reimbursement to comply with the order of court when in 
        default; and to institute, if necessary, contempt proceedings on 
        behalf of such person or persons to whom money or property is 
        ordered to be paid or delivered.  It shall be the duty of the 
        county attorney to conduct such contempt proceedings when 
        directed by a judge of the district or county court or when 
        requested by the local social services agency.  The county 
        attorney in such contempt proceedings or upon a separate motion 
        supported by order to show cause and affidavits may move the 
        court that any defaults or delinquent payments under such order 
        of support be reduced to a judgment against the defaulting 
        party, and where the local social services agency or any other 
        public agency has advanced and expended funds to supply the 
        unmet needs of such children because of such default by failure 
        to pay the court order, such local social services agency or 
        other public agency shall be subrogated and may recover under 
        such judgment to the extent that public funds were expended for 
        the care and support of such children.  The additional cost 
        incurred by the county attorney to bring contempt actions under 
        this subdivision shall be paid from the moneys collected in such 
        actions in whatever manner and amount approved by a judge of 
        that particular county or the district court. 
           Sec. 45.  Minnesota Statutes 1996, section 395.23, is 
        amended to read: 
           395.23 [DUTIES OF POLICE OFFICERS.] 
           It shall be the duty of the constable and town clerk of a 
        town and the members of the county board, sheriff, and county 
        attorneys of any county furnishing seed or feed, having any 
        knowledge of the violation of the provisions of sections 395.14 
        to 395.24, to file a complaint with a county or municipal 
        district court.  The court shall issue a warrant for the arrest 
        of the offender, and proceed to hear and determine the matter or 
        to bind the offender over to appear before the grand jury, as 
        the case may be. 
           Sec. 46.  Minnesota Statutes 1996, section 448.56, 
        subdivision 2, is amended to read: 
           Subd. 2.  [SUPERINTENDENCE.] The board of park 
        commissioners shall have authority to direct, superintend, and 
        regulate the planting, culture, and preservation of shade and 
        ornamental trees, shrubbery, and turf in the streets, avenues, 
        alleys, and public grounds of the city, and in such parts 
        thereof as may be lawfully placed under the jurisdiction and 
        control of the board of park commissioners.  
           No shade or ornamental trees, shrubbery, or turf growing in 
        the streets, avenues, alleys, and public grounds of the city 
        shall be destroyed or removed except by leave in writing first 
        obtained from the president of the board of park commissioners, 
        the same to be duly countersigned and recorded by the secretary 
        of the board.  
           The board of park commissioners may, by proper ordinances, 
        provide for the enforcement of this subdivision and for the 
        preservation of such trees, shrubbery, and turf and affix 
        penalties for the violation of these ordinances, and the 
        municipal district court of the having chambers in the county in 
        which the city is located shall have jurisdiction of all 
        offenses against these ordinances.  
           Sec. 47.  Minnesota Statutes 1996, section 462.16, is 
        amended to read: 
           462.16 [POWER TO ENACT ORDINANCES FOR ENFORCEMENT OF RIGHTS 
        GIVEN TO COUNCIL.] 
           The council shall have the power to enact ordinances for 
        the enforcement of the rights which shall be acquired under 
        sections 462.12 to 462.17, and to fix penalties for their 
        violation, including a fine not exceeding $100 or confinement in 
        the city workhouse not exceeding 90 days.  Violations of the 
        ordinances may be prosecuted in the municipal district court of 
        the city.  Restricted residence districts created pursuant to 
        sections 462.12 to 462.16 shall be subject to the provisions of 
        section 541.023.  In construing the scope and effect of a 
        residence district restriction, equitable principles shall be 
        utilized and the following shall be considered:  the historic 
        pattern of enforcement or nonenforcement; changed circumstances; 
        the length of time during which current uses have been allowed 
        to exist; the actual impact of current land uses; and 
        detrimental reliance. 
           Sec. 48.  Minnesota Statutes 1996, section 465.48, is 
        amended to read: 
           465.48 [POWERS AND DUTIES OF COUNCIL; PENALTIES.] 
           The city council shall have power and it shall be its duty 
        after the construction of such works to maintain the same and to 
        prevent injury or obstruction to the channel or works and 
        contamination of the waters.  For such purposes the city council 
        may enact suitable ordinances and prescribe penalties for their 
        violation, not exceeding a fine of $100 for each offense or 
        confinement in the city workhouse not exceeding 90 days.  The 
        municipal district court of the having chambers in the county in 
        which the city is located shall have jurisdiction of such the 
        offenses.  
           Sec. 49.  Minnesota Statutes 1996, section 473.608, 
        subdivision 17, is amended to read: 
           Subd. 17.  [ORDINANCES.] (1) It may adopt and enforce 
        rules, regulations, and ordinances it deems necessary for the 
        purposes of sections 473.601 to 473.679, including those 
        relating to the internal operation of the corporation and to the 
        management and operation of airports owned or operated by it, 
        subject to sections 473.601 to 473.679.  Any person violating 
        any rule, regulation or ordinance is guilty of a misdemeanor. 
           (2) The prosecution may be before a county or municipal the 
        district court having jurisdiction over the place where the 
        violation occurs.  Every sheriff, constable, police officers, 
        and other peace officer shall arrest offenders.  The fines 
        collected shall be paid into the treasury of the corporation.  
        The portion of the fines necessary to cover all costs and 
        disbursements incurred in processing and prosecuting the 
        violations in the court shall be transferred to the court 
        administrator.  All persons committed shall be received into any 
        penal institution in the county in which the offense was 
        committed.  All persons shall take notice of the rules, 
        regulations, and ordinances without pleading or proof. 
           (3) A public hearing need not be held on rules, regulations 
        and ordinances relating to the internal operation of the 
        commission or to the management or operation of airports owned 
        or operated by it unless the rule, regulation or ordinance 
        affects substantial rights. 
           (4) When necessary, the corporation may adopt and enforce 
        without a public hearing all other rules, regulations or 
        ordinances, but it shall hold a public hearing within 30 days 
        after their adoption.  Prior to the hearing, the corporation 
        shall give at least 15 days notice by publication in appropriate 
        legal newspapers of general circulation in the metropolitan area 
        and mail a copy of them to all interested parties who have 
        registered their names with the corporation for that purpose.  
        If the rules, regulations, or ordinances are not deemed 
        immediately necessary, the corporation shall hold a public 
        hearing on them after giving the required notice.  The rules, 
        regulations, or ordinances shall not be adopted and enforced 
        until after the hearing. 
           (5) Notice of the adoption of rules, regulations and 
        ordinances shall, as soon as possible after adoption, be 
        published in appropriate legal newspapers of general circulation 
        in the metropolitan area.  Proof of publication and a copy of 
        the rule, regulation, or ordinance shall be filed with the 
        secretary of state.  They shall then be in full force and effect.
           (6) Any person substantially interested or affected in 
        rights as to person or property by a rule, regulation or 
        ordinance adopted by the corporation, may petition the 
        corporation for reconsideration, amendment, modification, or 
        waiver of it.  The petition shall set forth a clear statement of 
        the facts and grounds upon which it is based.  The corporation 
        shall grant the petitioner a public hearing within 30 days after 
        the filing of the petition. 
           Sec. 50.  Minnesota Statutes 1996, section 480.052, is 
        amended to read: 
           480.052 [ADVISORY COMMITTEE.] 
           Before any rules are adopted the supreme court shall 
        appoint an advisory committee consisting of eight members of the 
        bar of the state, one judge of the court of appeals, and two 
        judges of the district court, and one judge of a court 
        exercising municipal court jurisdiction to assist the court in 
        considering and preparing such rules as it may adopt.  
           Sec. 51.  Minnesota Statutes 1996, section 480.054, is 
        amended to read: 
           480.054 [DISTRIBUTION OF PROPOSED RULES; HEARING.] 
           Before any rule for the court of appeals or for the 
        district, county, or county municipal courts court is adopted, 
        the supreme court shall distribute copies of the proposed rule 
        to the bench and bar of the state for their consideration and 
        suggestions and give due consideration to any suggestions they 
        submit to the court.  The court of appeals judges, the district 
        court judges association, the Minnesota county court judges 
        association, or the municipal court judges association may file 
        with the court a petition specifying their suggestions 
        concerning any existing or proposed rule and requesting a 
        hearing on it.  The court shall grant a hearing within six 
        months after the filing of the petition.  The court may grant a 
        hearing upon the petition of any other person. 
           Sec. 52.  Minnesota Statutes 1996, section 480.055, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [OTHER COURTS.] Any court, other than the 
        supreme court, may adopt rules of court governing its practice; 
        the judges of the court of appeals, pursuant to section 480A.11, 
        and the judges of district courts, pursuant to sections 484.33 
        and 484.52, the judges of county courts, pursuant to section 
        487.23, and the judges of municipal courts, pursuant to chapter 
        488A, may adopt rules not in conflict with the rules promulgated 
        by the supreme court. 
           Sec. 53.  Minnesota Statutes 1996, section 480.059, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ADVISORY COMMITTEE.] Before any such rules are 
        adopted the supreme court shall appoint an advisory committee 
        consisting of eight lawyers licensed to practice law in the 
        state, one judge of the court of appeals, and two judges of the 
        district court, and one judge of a court exercising municipal 
        court jurisdiction to assist the court in considering and 
        preparing such rules. 
           Sec. 54.  Minnesota Statutes 1996, section 480.0591, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ADVISORY COMMITTEE.] Before any such rules are 
        adopted the supreme court shall appoint an advisory committee 
        consisting of eight lawyers licensed to practice law in the 
        state and at least two judges of the district court and one 
        judge of a court exercising municipal court jurisdiction to 
        assist the court in considering and preparing such rules. 
           Sec. 55.  Minnesota Statutes 1996, section 480.19, is 
        amended to read: 
           480.19 [APPLICATION TO SUPREME AND OTHER COURTS.] 
           Sections 480.13 to 480.20 apply to the following courts:  
        The supreme court, the court of appeals, and the district, 
        county, and county municipal courts court.  
           Sec. 56.  [REPEALER; SECTION 484.015.] 
           Minnesota Statutes 1996, section 484.015, is repealed. 
           Sec. 57.  Minnesota Statutes 1996, section 484.66, 
        subdivision 2, is amended to read: 
           Subd. 2.  The duties, functions and responsibilities which 
        have been heretofore and which may be hereafter required by 
        statute or law to be performed by the court administrator of 
        district court shall be performed by the district administrator, 
        who shall be appointed pursuant to section 484.68. 
           The district administrator, subject to the approval of a 
        majority of the judges of the district court, and a majority of 
        the judges of the county municipal court in the fourth judicial 
        district, shall have the authority to initiate and direct any 
        reorganization, consolidation, reallocation or delegation of 
        such duties, functions or responsibilities for the purpose of 
        promoting efficiency in county government, and may make such 
        other administrative changes as are deemed necessary for this 
        purpose.  Such reorganization, reallocation or delegation, or 
        other administrative change or transfer shall not diminish, 
        prohibit or avoid those specific duties required by statute or 
        law to be performed by the court administrator of district court.
           Sec. 58.  Minnesota Statutes 1996, section 485.01, is 
        amended to read: 
           485.01 [APPOINTMENT; BOND; DUTIES.] 
           A clerk of the district court for each county within the 
        judicial district, who shall be known as the court 
        administrator, shall be appointed by a majority of the district 
        court judges in the district, after consultation with the county 
        court judges of the county court district affected.  The clerk, 
        before entering upon the duties of office, shall give bond to 
        the state, to be approved by the chief judge of the judicial 
        district, conditioned for the faithful discharge of official 
        duties.  The bond, with an oath of office, shall be filed for 
        record with the county recorder.  The clerk shall perform all 
        duties assigned by law and by the rules of the court.  The clerk 
        and all deputy clerks must not practice as attorneys in the 
        court in which they are employed. 
           The duties, functions, and responsibilities which have been 
        and may be required by law or rule to be performed by the clerk 
        of district or county court shall be performed by the court 
        administrator. 
           Sec. 59.  Minnesota Statutes 1996, section 517.08, 
        subdivision 1b, is amended to read: 
           Subd. 1b.  [TERM OF LICENSE; FEE.] The court administrator 
        shall examine upon oath the party applying for a license 
        relative to the legality of the contemplated marriage.  If at 
        the expiration of a five-day period, on being satisfied that 
        there is no legal impediment to it, the court administrator 
        shall issue the license, containing the full names of the 
        parties before and after marriage, and county and state of 
        residence, with the district court seal attached, and make a 
        record of the date of issuance.  The license shall be valid for 
        a period of six months.  In case of emergency or extraordinary 
        circumstances, a judge of the county court or a judge of the 
        district court of the county in which the application is made, 
        may authorize the license to be issued at any time before the 
        expiration of the five days.  The court administrator shall 
        collect from the applicant a fee of $70 for administering the 
        oath, issuing, recording, and filing all papers required, and 
        preparing and transmitting to the state registrar of vital 
        statistics the reports of marriage required by this section.  If 
        the license should not be used within the period of six months 
        due to illness or other extenuating circumstances, it may be 
        surrendered to the court administrator for cancellation, and in 
        that case a new license shall issue upon request of the parties 
        of the original license without fee.  A court administrator who 
        knowingly issues or signs a marriage license in any manner other 
        than as provided in this section shall pay to the parties 
        aggrieved an amount not to exceed $1,000. 
           Sec. 60.  Minnesota Statutes 1996, section 550.07, is 
        amended to read: 
           550.07 [ISSUANCE OF EXECUTION.] 
           When the execution is against the personal property or 
        money of the judgment debtor, it may be issued to the sheriff of 
        any county from the district, county, or county municipal court 
        where the judgment was originally docketed.  When it requires 
        the delivery of real property, it shall be issued to the sheriff 
        of the county where the property or some part thereof is 
        situated after the judgment is docketed in that county.  
        Executions may be issued at the same time to different counties. 
           Sec. 61.  Minnesota Statutes 1996, section 559.211, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ORDER; PROCEEDINGS; SECURITY.] In an 
        action arising under or in relation to a contract for the 
        conveyance of real estate or any interest therein, the county or 
        district court, notwithstanding the service or publication 
        pursuant to the provisions of section 559.21 of a notice of 
        termination of the contract, has the authority at any time prior 
        to the effective date of termination of the contract and subject 
        to the requirements of Rule 65 of the Rules of Civil Procedure 
        for the District Courts or comparable county court rule to enter 
        an order temporarily restraining or enjoining further 
        proceedings to effectuate the termination of the contract, 
        including recording of the notice of termination with proof of 
        service, recording of an affidavit showing noncompliance with 
        the terms of the notice, taking any action to recover possession 
        of the real estate, or otherwise interfering with the 
        purchaser's lawful use of the real estate.  In the action, the 
        purchaser may plead affirmatively any matter that would 
        constitute a defense to an action to terminate the contract.  
        Upon a motion for a temporary restraining order the court has 
        the discretion, notwithstanding any rule of court to the 
        contrary, to grant the order without requiring the giving of any 
        security or undertaking, and in exercising that discretion, the 
        court shall consider, as one factor, the moving party's ability 
        to afford monetary security.  Upon a motion for a temporary 
        injunction, the court shall condition the granting of the order 
        either upon the tender to the court or vendor of installments as 
        they become due under the contract or upon the giving of other 
        security in a sum as the court deems proper.  Upon written 
        application, the court may disburse from payments tendered to 
        the court an amount the court determines necessary to insure the 
        timely payment of property taxes, property insurance, 
        installments of special assessments, mortgage installments, 
        prior contract for deed installments or other similar expenses 
        directly affecting the real estate, or for any other purpose the 
        court deems just.  If a temporary restraining order or 
        injunction is granted pursuant to this subdivision, the contract 
        shall not terminate until the expiration of 15 days after the 
        entry of the order or decision dissolving or modifying the 
        temporary restraining order or injunction.  
           Sec. 62.  Minnesota Statutes 1996, section 566.175, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [UNLAWFUL EXCLUSION OR REMOVAL.] For 
        purposes of this section, "unlawfully removed or excluded" means 
        actual or constructive removal or exclusion.  Actual or 
        constructive removal or exclusion may include the termination of 
        utilities, or the removal of doors, windows, or locks.  Any 
        tenant who is unlawfully removed or excluded from lands or 
        tenements which are demised or let to the tenant may recover 
        possession of the premises in the following manner: 
           (a) The tenant shall present a verified petition to the 
        county or municipal district court of the judicial district of 
        the county in which the premises are located, which petition 
        shall: 
           (1) describe the premises of which possession is claimed 
        and the owner, as defined in section 566.18, subdivision 3, of 
        the premises; 
           (2) specifically state the facts and grounds that 
        demonstrate that the removal or exclusion was unlawful including 
        a statement that no judgment and writ of restitution have been 
        issued under section 566.09 in favor of the owner and against 
        petitioner as to the premises and executed in accordance with 
        section 566.17; and 
           (3) ask for possession thereof.  
           (b) If it clearly appears from the specific grounds and 
        facts stated in the verified petition or by separate affidavit 
        of petitioner or the petitioner's counsel or agent that the 
        removal or exclusion was unlawful, the court shall immediately 
        order that petitioner have possession of the premises.  
           (c) The petitioner shall furnish monetary or other security 
        if any as the court deems appropriate under the circumstances 
        for payment of all costs and damages the defendant may sustain 
        if the order is subsequently found to have been obtained 
        wrongfully.  In determining the appropriateness of any security 
        the court shall consider petitioner's ability to afford monetary 
        security.  
           (d) The court shall direct the order to the sheriff or any 
        constable of the county in which the premises is located and the 
        sheriff or constable shall execute the order immediately by 
        making a demand upon the defendant, if found, or the defendant's 
        agent or other person in charge of the premises, for possession 
        of the premises.  If the defendant fails to comply with the 
        demand, the officer shall take whatever assistance may be 
        necessary and immediately place the petitioner in possession of 
        the premises.  If the defendant or the defendant's agent or 
        other person in control of the premises cannot be found and if 
        there is no person in charge of the premises detained so that no 
        demand can be made, the officer shall immediately enter into 
        possession of the premises and place the petitioner in 
        possession of the premises.  The officer shall also serve the 
        order and verified petition or affidavit without delay upon the 
        defendant or agent, in the same manner as a summons is required 
        to be served in a civil action in district court.  
           Sec. 63.  Minnesota Statutes 1996, section 574.18, is 
        amended to read: 
           574.18 [UNDERTAKING IN LIEU OF BOND.] 
           In all cases of appeal from a county board to the district 
        court upon the allowance or disallowance of claims, in all 
        actions begun in the district, county or municipal court, in all 
        cases of appeal or writ of error to remove a cause or proceeding 
        to the court of appeals or the supreme court, and in all cases 
        of special or equitable proceedings in the district court, the 
        court of appeals, or the supreme court, the filing or service, 
        or both, as may be required, of an undertaking, signed by a 
        surety or sureties, as the law may require, containing a 
        condition substantially the same as required for bonds, with 
        like sureties, qualifications, and justifications, and without 
        acknowledgment or signature of the principal, shall be deemed a 
        sufficient compliance with the law to sustain the action, 
        appeal, or proceeding.  Every undertaking shall save and secure 
        all rights and liabilities to the same extent as a bond.  The 
        damages presumed to accrue to the party against whom the 
        proceeding is taken shall be deemed a sufficient consideration 
        for the undertaking, though no consideration is mentioned in 
        it.  No undertaking or bond need be given upon any appeal or 
        other proceeding instituted in favor of the state, or any 
        county, city, town, or school district in it, or of any executor 
        or administrator as such.  
           Sec. 64.  Minnesota Statutes 1996, section 574.34, 
        subdivision 2, is amended to read: 
           Subd. 2.  [MUNICIPAL PROSECUTION; GROSS MISDEMEANORS.] If a 
        city or municipal attorney prosecutes a gross misdemeanor 
        offense, the proceeds of any fine collected by the court shall 
        be disbursed in the same manner as though the offense was a 
        misdemeanor prosecuted by the city or municipal attorney in 
        county or municipal district court.  The county shall pay for 
        any costs associated with incarceration.  
           Sec. 65.  Minnesota Statutes 1996, section 574.35, is 
        amended to read: 
           574.35 [PROSECUTION FOR FINES; COURT; COMMITMENT.] 
           All fines and forfeitures imposed as a punishment for any 
        offense or for the violation of any duty imposed by statute may 
        be prosecuted for and recovered by indictment in the district 
        court, or, when the amount or value does not exceed $100, before 
        a judge of county or municipal court, who shall have 
        jurisdiction concurrently with the district court.  In all cases 
        of the imposition of a fine pursuant to statute, as punishment 
        for any offense, the offender may be committed until it is paid 
        or the offender is otherwise discharged according to law. 
           Sec. 66.  Minnesota Statutes 1996, section 617.27, is 
        amended to read: 
           617.27 [SEARCH WARRANT; DESTRUCTION OF PROPERTY.] 
           A county or municipal district court, upon complaint under 
        oath that any person has in possession or under control any of 
        the obscene books, papers, or other matter specified in sections 
        617.241 to 617.26, shall issue a warrant directed to the sheriff 
        or any constable of the county, directing the sheriff or 
        constable to search for, seize, and take possession of the 
        obscene matter.  Upon conviction of the person in whose 
        possession the obscene matter was found, the judge shall cause 
        it to be destroyed, and the fact to be entered upon the records 
        of the court. 
           Sec. 67.  Minnesota Statutes 1996, section 624.7131, 
        subdivision 8, is amended to read: 
           Subd. 8.  [HEARING UPON DENIAL.] Any person aggrieved by 
        denial of a transferee permit may appeal the denial to the 
        county court or county municipal district court having 
        jurisdiction over the county or municipality in which the denial 
        occurred. 
           Sec. 68.  Minnesota Statutes 1996, section 624.7132, 
        subdivision 13, is amended to read: 
           Subd. 13.  [APPEAL.] A person aggrieved by the 
        determination of a chief of police or sheriff that the person is 
        prohibited by section 624.713 from possessing a pistol or 
        semiautomatic military-style assault weapon may appeal the 
        determination as provided in this subdivision.  In Hennepin and 
        Ramsey counties The municipal district court shall have 
        jurisdiction of proceedings under this subdivision.  In the 
        remaining counties of the state, the county court shall have 
        jurisdiction of proceedings under this subdivision. 
           On review pursuant to this subdivision, the court shall be 
        limited to a determination of whether the proposed transferee is 
        a person prohibited from possessing a pistol or semiautomatic 
        military-style assault weapon by section 624.713. 
           Sec. 69.  Minnesota Statutes 1996, section 624.714, 
        subdivision 12, is amended to read: 
           Subd. 12.  [HEARING UPON DENIAL.] Any person aggrieved by 
        denial of a permit to carry may appeal the denial to the 
        county district court having jurisdiction over the county or 
        municipality wherein the notification or denial occurred.  The 
        matter shall be heard de novo without a jury. 
           Sec. 70.  Minnesota Statutes 1996, section 625.01, is 
        amended to read: 
           625.01 [CONSERVATORS OF THE PEACE.] 
           The judges of the district, county, and municipal 
        courts court, in vacation, within their respective districts, as 
        well as in open court shall enforce laws made for the 
        preservation of the public peace.  In the execution of that 
        power, they may require persons to give security to keep the 
        peace, or for their good behavior, or both, in the manner 
        provided in this chapter.  
           Sec. 71.  Minnesota Statutes 1996, section 626.21, is 
        amended to read: 
           626.21 [RETURN OF PROPERTY AND SUPPRESSION OF EVIDENCE.] 
           A person aggrieved by an unlawful search and seizure may 
        move the district court for the district in which the property 
        was seized or the municipal district court having jurisdiction 
        of the substantive offense for the return of the property and to 
        suppress the use, as evidence, of anything so obtained on the 
        ground that (1) the property was illegally seized, or (2) the 
        property was illegally seized without warrant, or (3) the 
        warrant is insufficient on its face, or (4) the property seized 
        is not that described in the warrant, or (5) there was not 
        probable cause for believing the existence of the grounds on 
        which the warrant was issued, or (6) the warrant was illegally 
        executed, or (7) the warrant was improvidently issued.  The 
        judge shall receive evidence on any issue of fact necessary to 
        the decision of the motion.  If the motion is granted the 
        property shall be restored unless otherwise subject to lawful 
        detention, and it shall not be admissible in evidence at any 
        hearing or trial.  The motion to suppress evidence may also be 
        made in the district where the trial is to be had.  The motion 
        shall be made before trial or hearing unless opportunity 
        therefor did not exist or the defendant was not aware of the 
        grounds for the motion, but the court in its discretion may 
        entertain the motion at the trial or hearing.  
           Sec. 72.  Minnesota Statutes 1996, section 630.17, is 
        amended to read: 
           630.17 [FINE, HOW COLLECTED.] 
           If the corporation is found guilty and a fine imposed, it 
        shall be entered and docketed by the court administrator, county 
        judge, or municipal district judge as a judgment against the 
        corporation.  It shall be enforced against the corporation in 
        the same manner as if the judgment had been recovered against it 
        in a civil action. 
           Sec. 73.  Minnesota Statutes 1996, section 631.04, is 
        amended to read: 
           631.04 [EXCLUDING MINORS FROM ATTENDANCE AT CRIMINAL 
        TRIALS; DUTY OF OFFICER; PENALTY.] 
           A minor under the age of 17 who is not a party to, witness 
        in, or directly interested in a criminal prosecution or trial 
        before a district, county, or municipal court, may not be 
        present at the trial.  A police officer, constable, sheriff, or 
        other officer in charge of a court and attending upon the trial 
        of a criminal case in the court, shall exclude a minor under age 
        of 17 from the room in which the trial is being held.  This 
        section does not apply when the minor is permitted to attend by 
        order of the court before which the trial is being held.  A 
        police officer, constable, sheriff, or deputy sheriff who 
        knowingly neglects or refuses to carry out the provisions of 
        this section is guilty of a misdemeanor and shall be punished by 
        a fine of not less than $10 nor more than $25. 
           Sec. 74.  Minnesota Statutes 1996, section 643.01, is 
        amended to read: 
           643.01 [TRANSFER OF PRISONERS BETWEEN JAIL AND WORKHOUSE.] 
           In any county of this state in which there is now or shall 
        be hereafter maintained by any county or by any city and county, 
        a workhouse, correctional or work farm for the confinement of 
        criminal offenders, and a county jail, any district court or 
        county court judge of the judicial district in which the county 
        is situated, shall have the power, either of the judge's own 
        motion, or on the application of the county attorney of the 
        county, in accordance with written county policy approved by the 
        commissioner of corrections, to order:  
           (1) any prisoner who shall be confined in the county jail 
        under sentence, to be transferred and recommitted to the 
        workhouse, correctional or work farm at hard labor, for the 
        remainder of the term for which sentenced; or 
           (2) any prisoner who shall be confined in the workhouse, 
        correctional or work farm under sentence, to be transferred and 
        recommitted to the county jail for the remainder of the term for 
        which sentenced; or 
           (3) any prisoner who shall be confined in the county jail, 
        convicted and awaiting sentence, to be transferred to and 
        confined in the workhouse, correctional or work farm while 
        awaiting sentence. 
           Transferred prisoners are subject to the rules and 
        discipline of the confining institution.  Transportation of 
        prisoners is the responsibility of the sending institution. 
           Sec. 75.  Minnesota Statutes 1996, section 643.02, is 
        amended to read: 
           643.02 [PROCEDURE OF DISTRICT COURT OR COUNTY COURT JUDGE 
        IN CHARGE AND DUTY OF SHERIFF.] 
           When any district court or county court judge shall make an 
        order for the transfer of any prisoner as provided in section 
        643.01, the order shall be made in duplicate by the judge, shall 
        recite therein the name of the court by which the prisoner was 
        sentenced or convicted, the date of sentence or conviction, the 
        general nature of the offense for which sentenced or convicted, 
        the length of the original sentence and the length of the 
        sentence still remaining or the sentencing date if known, and 
        any other facts that will furnish material information regarding 
        the case, and shall direct the superintendent or other keeper of 
        the workhouse, correctional or work farm, or sheriff or other 
        keeper of the county jail to safely keep the prisoner at hard 
        labor for the remainder of the original term of sentence, or 
        until further sentencing proceedings, as stated in the order, 
        unless otherwise released according to law, or the parole rules 
        and regulations of the workhouse, correctional or work farm, or 
        county jail.  Both of the orders for transfer of the prisoner to 
        the workhouse, correctional or work farm, or county jail shall 
        be filed forthwith with the sheriff or other keeper of the jail, 
        or superintendent or other keeper of the workhouse, correctional 
        or work farm and the sheriff or other keeper of the jail, or 
        superintendent or other keeper of the workhouse, correctional or 
        work farm shall thereupon retain one of the orders of transfer 
        and shall without delay transfer and deliver the prisoner named 
        in the order, together with the other of the duplicate orders 
        for the transfer of the prisoner to the superintendent or other 
        keeper of the workhouse, correctional or work farm, or sheriff 
        or other keeper of the jail, who shall retain the order and 
        safely keep the prisoner named therein for the remainder of the 
        sentence at hard labor or until further sentencing proceedings, 
        as specified in the order, unless otherwise released as 
        hereinbefore provided.  The order for transfer of any prisoner, 
        as hereinbefore mentioned, shall have the same force and effect 
        as the writ of commitment issued by the court which sentenced 
        the prisoner in the first instance or as the order for 
        confinement issued by the court in the first instance, and in 
        addition shall be full authority for the holding and keeping of 
        the prisoner by the superintendent or other keeper of the 
        workhouse, correctional or work farm, or the sheriff or other 
        keeper of the jail, and for the prisoner's apprehension by any 
        peace officer in case of the escape of the prisoner from the 
        workhouse, correctional or work farm, or county jail.  On the 
        request of any district court or county court judge of the 
        district in which the workhouse, correctional or work farm, and 
        county jail are located, the sheriff of the county, or 
        superintendent, shall without delay furnish a copy to the judge 
        of any commitment or order in the sheriff's or superintendent's 
        possession. 
           Presented to the governor February 17, 1998 
           Signed by the governor February 18, 1998, 2:25 p.m.

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