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1986 Minnesota Session Laws

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             Laws of Minnesota 1986, First Special Session 

                          CHAPTER 3-S.F.No. 1 
           An act relating to Minnesota Statutes; correcting 
          erroneous, ambiguous, omitted, and obsolete references 
          and text; eliminating certain redundant, conflicting, 
          and superseded provisions; providing instructions to 
          the revisor; correcting various legislative enactments;
          providing for the exclusion of the homestead from the 
          augmented estate; providing for the inclusion of 
          certain insurance and other items in the augmented 
          estate; establishing a standard for best interests of 
          wards or conservatees; requiring findings regarding 
          best interests; exempting stairways in certain 
          buildings from certain provisions of the uniform fire 
          code; defining the duties and terms of office of the 
          members of the world trade center board; classifying 
          data held by the board; permitting the equipping of 
          school buses with driver-activated student control 
          warning system; creating the labor interpretative 
          center; establishing an advisory council governing 
          policies and program purposes; specifying the 
          crediting of certain investment earnings; clarifying 
          certain appropriations; amending Minnesota Statutes 
          1984, sections 8.32, subdivision 2; 10A.01, 
          subdivision 11; 10A.04, subdivision 4a; 16A.631; 
          16A.72; 44A.01, subdivision 1; 44A.02; 44A.07, 
          subdivision 1; 46.044, as amended; 47.58, subdivision 
          5; 62D.22, subdivision 8; 116J.70, subdivision 2a; 
          116M.08, subdivision 17; 121.15, subdivision 2; 
          124A.02, subdivision 14; 136D.74, subdivision 2; 
          144.224; 169.44, by adding a subdivision; 169.045, 
          subdivision 7, as amended; 176A.01, subdivision 1; 
          179A.10, subdivision 3; 253B.02, subdivision 4a; 
          260.015, subdivision 24; 260.245; 275.125, subdivision 
          9, as amended; 298.22, subdivision 3; 299F.011, by 
          adding a subdivision; 327C.07, subdivision 3a; 349.15, 
          as amended; 349.212, subdivision 4, as amended; 
          383A.23, subdivision 5; 385.24; 403.12, subdivision 1; 
          414.061, subdivisions 4 and 4a; 424A.001, subdivision 
          7, as added; 462A.21, subdivision 8a; 471.992, as 
          amended; 487.191; 494.03; 518B.01, subdivision 2; 
          525.539, by adding a subdivision; 525.544; 525.551, 
          subdivision 5; 525.61; 571.495, subdivision 2; 590.01, 
          subdivision 1; 609.346, subdivision 3; 609.347, 
          subdivision 3; 609.348; 609.35; 611A.03, subdivision 
          3; 628.26; Minnesota Statutes 1985 Supplement, 
          sections 16B.61, subdivision 3; 47.20, subdivision 6c; 
          64B.05, subdivision 1; 64B.37, subdivision 2; 69.011, 
          subdivision 1; 116M.03, subdivision 28; 124.32, 
          subdivision 1d; 145.917, subdivision 4; 147.01, 
          subdivision 4; 147.073, subdivision 1; 168.013, 
          subdivision 1e, as amended; 168.27, subdivision 11; 
          248.07, subdivision 7; 256.969, subdivision 2, as 
          amended; 256B.091, subdivision 4; 256D.37, subdivision 
          1; 256F.05, subdivision 4; 256F.06, subdivision 1; 
          273.124, subdivision 5; 297C.03, subdivision 1; 
          298.02, subdivision 1; 298.225, subdivision 1, as 
          amended; 298.28, subdivision 1, as amended; 340A.404, 
          subdivision 5; 340A.409, subdivision 1; 340A.410, by 
          adding a subdivision; 340A.412, subdivisions 1 and 9; 
          340A.415; 340A.702; 340A.802, subdivision 1; 349.212, 
          subdivision 1, as amended; 356.216; 358.44; 414.061, 
          subdivision 5; 458.16, subdivision 6; 473.831, 
          subdivision 1; 524.2-109; 524.2-202; 524.2-205; 
          525.145; 527.41; 527.42; 527.43; 528.15; 609.344, 
          subdivision 1; 609.345, subdivision 1; 609.346, 
          subdivision 2; 609.3471; 626.556, subdivision 2; 
          631.045; 1986 Regular Session H.F. No. 1886, section 
          21; Laws 1986, chapters 339, sections 6, subdivision 
          1; 8; 15, subdivision 1; 16; and 17; 358, section 12; 
          359, section 27; 365, section 22; 372, section 1, 
          subdivision 1; 383, section 17, subdivision 5; 391, 
          section 7; 398, article 1, section 11, subdivision 5; 
          article 2, section 3, subdivision 2; article 6, 
          section 2, subdivision 2; article 29, section 1, 
          subdivision 7; 416, section 4; 417, section 1; 441, 
          section 15; 455, section 21, subdivision 1; 456, 
          section 1, subdivision 2; 460, sections 7, 
          subdivisions 1 and 2; 48; 49; 50; and 59; 465, article 
          1, sections 11; 20, subdivision 9; article 2, section 
          25; 467, section 24, subdivision 3; proposing coding 
          for new law in Minnesota Statutes, chapters 44A, 138, 
          206 and 340A; repealing Minnesota Statutes 1984, 
          section 35.067; 383A.23, subdivisions 2, 3, and 4; 
          403.12, subdivisions 2 and 3; repealing Laws 1984, 
          chapter 560, section 24; Laws 1985, chapters 248, 
          sections 28 and 29; 252, section 24; Laws 1985, First 
          Special Session chapters 9, article 2, section 89; 14, 
          article 3, section 13; 14, article 4, sections 37 and 
          91; Laws 1986, chapters 399, article 2; and 452, 
          section 20. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                               ARTICLE 1 
    Section 1.  Minnesota Statutes 1984, section 8.32, 
subdivision 2, is amended to read: 
    Subd. 2.  [DUTIES.] The attorney general shall:  
    (a) enforce the provisions of law relating to consumer 
fraud and unlawful practices in connection therewith as set 
forth in sections 325F.68 and 325F.69; 
    (b) enforce the provisions of law set forth in sections 
80D.19 and 80D.20 and Laws 1984, chapter 641, sections 2 to 4 
section 9;  
    (c) make recommendations to the governor and the 
legislature for statutory needs that exist in adequately 
protecting the consumer. 
    Sec. 2.  Minnesota Statutes 1984, section 10A.01, 
subdivision 11, is amended to read: 
    Subd. 11.  "Lobbyist" means any individual: 
    (a) Engaged for pay or other consideration, or authorized 
by another individual or association to spend money, who spends 
more than five hours in any month or more than $250, not 
including his own travel expenses and membership dues, in any 
year, for the purpose of attempting to influence legislative or 
administrative action by communicating or urging others to 
communicate with public officials; or 
    (b) Who spends more than $250, not including his own 
traveling expenses and membership dues, in any year for the 
purpose of attempting to influence legislative or administrative 
action by communicating or urging others to communicate with 
public officials. 
     "Lobbyist" does not include any: 
     (a) Public official or employee of the state or any of its 
political subdivisions or public bodies acting in his official 
capacity; 
     (b) Party or his representative appearing in a proceeding 
before a state board, commission or agency of the executive 
branch unless the board, commission or agency is taking 
administrative action; 
     (c) Individual while engaged in selling goods or services 
to be paid for by public funds; 
     (d) News media or their employees or agents while engaged 
in the publishing or broadcasting of news items, editorial 
comments or paid advertisements which directly or indirectly 
urge official action; 
    (e) Paid expert witness whose testimony is requested by the 
body before which he is appearing, but only to the extent of 
preparing or delivering testimony; 
    (f) Stockholder of a family farm corporation as defined in 
section 500.24, subdivision 1 2, who does not spend over $250, 
excluding his own travel expenses, in any year in communicating 
with public officials; or 
    (g) Party or his representative appearing to present a 
claim to the legislature and communicating to legislators only 
by the filing of a claim form and supporting documents and by 
appearing at public hearings on the claim.  
    Sec. 3.  Minnesota Statutes 1984, section 10A.04, 
subdivision 4a, is amended to read: 
    Subd. 4a.  If in any reporting period the lobbyist's 
reportable disbursements total not over $100 and no honorarium, 
gift, loan, item or benefit equal in value to $20 $50 or more 
was given or paid to any public official, a statement to that 
effect in lieu of the report may be filed for that period.  The 
unreported disbursements shall be included in the report for the 
following period, unless the total for that period, including 
the carryover, is not over $100.  The October 15 report shall 
include all previously unreported disbursements, even though the 
total for the year is not over $100. 
    Sec. 4.  Minnesota Statutes 1984, section 16A.631, is 
amended to read: 
    16A.631 [STATE BUILDING FUND.] 
    The state building fund is established to receive state 
bond proceeds appropriated to agencies to acquire and to better 
public lands land and buildings and other public improvements of 
a capital nature, as authorized by the Constitution, article XI, 
section 5, clause (a).  
    Sec. 5.  Minnesota Statutes 1984, section 35.067, is 
repealed. 
    Sec. 6.  Minnesota Statutes 1985 Supplement, section 47.20, 
subdivision 6c, is amended to read: 
    Subd. 6c.  [EXTENSION OF CERTAIN LOAN ASSUMPTIONS.] 
Conventional loans made on or after June 1, 1979, and before May 
9, 1981, continue to be assumable under the provisions of 
Minnesota Statutes 1984, section 47.20, subdivision 6, until 
September 31 October 1, 1990. 
    Sec. 7.  Minnesota Statutes 1984, section 47.58, 
subdivision 5, is amended to read: 
    Subd. 5.  [INTEREST.] Notwithstanding the provisions of 
section 334.01, subdivision 1, lenders may make reverse mortgage 
loans and purchases of obligations representing reverse mortgage 
loans, at an interest rate or loan yield not in excess of the 
maximum lawful interest rate prescribed for conventional loans 
by section 47.20, subdivision 4 4a.  If section 47.20, 
subdivision 4 4a expires, the interest rate last published 
pursuant to the provisions of section 47.20, subdivision 4 4a 
shall be the maximum lawful interest rate for reverse mortgage 
loans.  A contract rate within the maximum lawful interest rate 
applicable to a reverse mortgage loan at the time the loan is 
made shall be the maximum lawful interest rate for the term of 
the reverse mortgage loan.  
    Notwithstanding the provisions of section 334.01, 
subdivision 1, a reverse mortgage loan agreement may provide 
that interest will be added to the outstanding loan balance 
monthly as it accrues, with interest accruing on the outstanding 
loan balance at a rate not to exceed the rate of interest 
permitted under this subdivision at the time of the signing of 
the original loan agreement or any subsequent extension 
agreement.  
    Sec. 8.  Minnesota Statutes 1984, section 62D.22, 
subdivision 8, is amended to read: 
    Subd. 8.  All agents, solicitors, and brokers engaged in 
soliciting or dealing with enrollees or prospective enrollees of 
a health maintenance organization, whether employees or under 
contract to the health maintenance organization, shall be 
subject to the provisions of section 60A.17, concerning the 
licensure of health insurance agents, solicitors, and brokers, 
and lawful regulations thereunder. Medical doctors and others 
who merely explain the operation of health maintenance 
organizations shall be exempt from the provisions of section 
60A.17.  Section 60A.17, subdivision 2, clause (2) 1a, paragraph 
(b) shall not apply except as to provide for an examination of 
an applicant in his knowledge concerning the operations and 
benefits of health maintenance organizations and related 
insurance matters. 
    Sec. 9.  Minnesota Statutes 1985 Supplement, section 
64B.05, subdivision 1, is amended to read: 
    Subdivision 1.  [PURPOSES.] A society shall operate for the 
benefit of members and their beneficiaries by: 
    (1) providing benefits as specified in section 64B.16; and 
    (2) operating for one or more social, intellectual, 
educational, charitable, benevolent, moral, fraternal, 
patriotic, or religious purposes for the benefit of its members, 
which may also be extended to others. 
    The purposes provided for in this subdivision may be 
carried out directly by the society, or indirectly through 
subsidiary corporations or affiliated organizations which are to 
be operated primarily for member service.  The subsidiaries 
authorized under section 64B.21 64B.12 are to be operated 
primarily for investment purposes. 
    Sec. 10.  Minnesota Statutes 1985 Supplement, section 
64B.37, subdivision 2, is amended to read: 
    Subd. 2.  [FALSE OR FRAUDULENT STATEMENTS OR 
REPRESENTATIONS.] Any person, officer, member, or examining 
physician, who shall knowingly or willfully make any false or 
fraudulent statement or representation in, or with reference to, 
any application for membership for the purpose of obtaining 
money from or benefit in any society transacting business under 
this chapter shall be guilty of a misdemeanor: 
    (1) any person who shall willfully make a false statement 
of any material fact or thing in a sworn statement as to the 
death or disability of a certificate holder in any such society, 
for the purpose of procuring payment of a benefit named in the 
certificate of such holder, and any person who shall willfully 
make any false statement and any verified report or declaration 
under oath, required or authorized under this article chapter, 
shall be guilty of perjury and shall be proceeded against and 
punished as provided by the statutes of this state in relation 
to the crime of perjury; 
    (2) any person who shall solicit membership for, or in any 
manner assist in procuring membership in, any society not 
licensed to do business in this state, or who shall solicit 
membership for or in any manner assist in procuring membership 
in, any such society not authorized to do business in this 
state, shall be guilty of a misdemeanor; and, upon conviction 
thereof, punished by fine of not more than $100; 
    (3) any society, or any officer, agent, or employee 
thereof, neglecting, refusing to comply with, or violating, any 
of the provisions of this chapter, the penalty for which 
neglect, refusal, or violation is not specified in this section, 
shall be fined not exceeding $100 upon conviction thereof. 
    Sec. 11.  Minnesota Statutes 1985 Supplement, section 
69.011, subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITIONS.] Unless the language or 
context clearly indicates that a different meaning is intended, 
the following words and terms shall for the purposes of this 
chapter and chapters 423, 424 and 424A have the meanings 
ascribed to them: 
    (a) "Commissioner" means the commissioner of revenue. 
    (b) "Municipality" means any home rule charter or statutory 
city, organized town or park district subject to chapter 398, 
and the University of Minnesota.  
    (c) "Minnesota Firetown Premium Report" means a form 
prescribed by the commissioner containing space for reporting by 
insurers of fire, lightning, sprinkler leakage and extended 
coverage premiums received upon risks located or to be performed 
in this state less return premiums and dividends. 
     (d) "Firetown" means the area serviced by any municipality 
having a qualified fire department or a qualified incorporated 
fire department having a subsidiary volunteer firefighters 
relief association. 
     (e) "Assessed property valuation" means latest available 
assessed value of all property in a taxing jurisdiction, whether 
the property is subject to taxation, or exempt from ad valorem 
taxation obtained from information which appears on abstracts 
filed with the commissioner of revenue or equalized by the state 
board of equalization. 
     (f) "Minnesota Aid to Police Premium Report" means a form 
prescribed by the commissioner for reporting by each fire and 
casualty insurer of all premiums received upon direct business 
received by it in this state, or by its agents for it, in cash 
or otherwise, during the preceding calendar year, with reference 
to insurance written for insuring against the perils contained 
in auto liability-bodily injury, auto liability-property damage, 
and auto physical damage as reported in the Minnesota business 
schedule of the fire and casualty insurance companies annual 
financial statement which each insurer is required to file with 
the commissioner in accordance with the governing laws or 
regulations less return premiums and dividends. 
     (g) "Peace officer" means any person: 
     (1) whose primary source of income derived from wages is 
from direct employment by a municipality or county as a law 
enforcement officer on a full-time basis of not less than 30 
hours per week; 
     (2) who has been employed for a minimum of six months prior 
to December 31 preceding the date of the current year's 
certification pursuant to subdivision 2, clause (b); 
     (3) who is sworn to enforce the general criminal laws of 
the state and local ordinances; 
     (4) who is licensed by the peace officers standards and 
training board and is authorized to arrest with a warrant; and 
     (5) who is a member of a local police relief association to 
which section 69.77 applies or the public employees police and 
fire fund. 
    (h) "Full-time equivalent number of peace officers 
providing contract service" means the integral or fractional 
number of peace officers which would be necessary to provide the 
contract service if all peace officers providing service were 
employed on a full-time basis as defined by the employing unit 
and the municipality receiving the contract service. 
    (i) "Retirement benefits other than a service pension"  
means any disbursement authorized pursuant to section 424.05 
424A.05, subdivision 3, clauses (2), (3) and (4).  
    (j) "Municipal clerk, municipal clerk-treasurer or county 
auditor" means the person who was elected or appointed to the 
specified position or, in the absence of the person, another 
person who is designated by the applicable governing body.  In a 
park district the clerk is the secretary of the board of park 
district commissioners.  In the case of the University of 
Minnesota, the clerk is that official designated by the board of 
regents.  
    Sec. 12.  Minnesota Statutes 1984, section 116J.70, 
subdivision 2a, is amended to read: 
    Subd. 2a.  [LICENSE; EXCEPTIONS.] "Business license" or 
"license" does not include the following: 
    (1) Any occupational license or registration issued by a 
licensing board listed in section 214.01 or any occupational 
registration issued by the commissioner of health pursuant to 
section 214.13; 
    (2) Any license issued by a county, home rule charter city, 
statutory city, township or other political subdivision; 
    (3) Any license required to practice the following 
occupation regulated by the following sections: 
    (a) Abstracters regulated pursuant to chapter 386; 
    (b) Accountants regulated pursuant to chapter 326; 
    (c) Adjusters regulated pursuant to chapter 72B; 
    (d) Architects regulated pursuant to chapter 326; 
    (e) Assessors regulated pursuant to chapter 270; 
    (f) Attorneys regulated pursuant to chapter 481; 
    (g) Auctioneers regulated pursuant to chapter 330; 
    (h) Barbers regulated pursuant to chapter 154; 
    (i) Beauticians regulated pursuant to chapter 155 155A; 
    (j) Boiler operators regulated pursuant to chapter 183; 
    (k) Chiropractors regulated pursuant to chapter 148; 
    (l) Collection agencies regulated pursuant to chapter 332; 
    (m) Cosmetologists regulated pursuant to chapter 155 155A; 
    (n) Dentists, registered dental assistants, and dental 
hygienists regulated pursuant to chapter 150A; 
    (o) Detectives regulated pursuant to chapter 326; 
     (p) Electricians regulated pursuant to chapter 326; 
     (q) Embalmers regulated pursuant to chapter 149; 
     (r) Engineers regulated pursuant to chapter 326; 
     (s) Insurance brokers and salespersons regulated pursuant 
to chapter 60A; 
     (t) Midwives regulated pursuant to chapter 148; 
     (u) Morticians regulated pursuant to chapter 149; 
     (v) Nursing home administrators regulated pursuant to 
chapter 144A; 
     (w) Optometrists regulated pursuant to chapter 148; 
     (x) Osteopathic physicians regulated pursuant to chapter 
147; 
     (y) Pharmacists regulated pursuant to chapter 151; 
     (z) Physical therapists regulated pursuant to chapter 148; 
     (aa) Physicians and surgeons regulated pursuant to chapter 
147; 
     (bb) Plumbers regulated pursuant to chapter 326; 
     (cc) Podiatrists regulated pursuant to chapter 153; 
     (dd) Practical nurses regulated pursuant to chapter 148; 
     (ee) Professional fundraisers regulated pursuant to chapter 
309; 
     (ff) Psychologists regulated pursuant to chapter 148; 
     (gg) Real estate brokers, salespersons and others regulated 
pursuant to chapters 82 and 83; 
     (hh) Registered nurses regulated pursuant to chapter 148; 
    (ii) Securities brokers, dealers, agents and investment 
advisers regulated pursuant to chapter 80A; 
    (jj) Steamfitters regulated pursuant to chapter 326; 
    (kk) Teachers and supervisory and support personnel 
regulated pursuant to chapter 125; 
    (ll) Veterinarians regulated pursuant to chapter 156; 
    (mm) Watchmakers regulated pursuant to chapter 326; 
    (nn) Water conditioning contractors and installers 
regulated pursuant to chapter 326; 
    (oo) Water well contractors regulated pursuant to chapter 
156A; 
    (pp) Water and waste treatment operators regulated pursuant 
to chapter 115; 
    (qq) Motor carriers regulated pursuant to chapter 221;  
     (rr) Professional corporations regulated pursuant to 
chapter 319A; 
    (4) Any driver's license required pursuant to chapter 171; 
    (5) Any aircraft license required pursuant to chapter 360; 
    (6) Any watercraft license required pursuant to chapter 361;
    (7) Any license, permit, registration, certification, or 
other approval pertaining to a regulatory or management program 
related to the protection, conservation, or use of or 
interference with the resources of land, air or water, which is 
required to be obtained from a state agency or instrumentality; 
and 
    (8) Any pollution control rule or standard established by 
the pollution control agency or any health rule or standard 
established by the commissioner of health or any licensing rule 
or standard established by the commissioner of human services. 
    Sec. 13.  In Minnesota Statutes, chapters 116K and 462, the 
revisor shall change all references to "sections 116K.01 to 
116K.07" to "sections 116K.01 to 116K.13."  
    Sec. 14.  Minnesota Statutes 1985 Supplement, section 
116M.03, subdivision 28, is amended to read:  
    Subd. 28.  [QUALIFIED DIVERSIFICATION PROJECT.] A qualified 
economic diversification project means the provision of special 
assistance under section 116M.07, subdivision 11, paragraph (d) 
to a business, if the following criteria are satisfied. 
     (1) If the business is located outside of a distressed 
county, the following conditions must be satisfied:  
     (a) the business is principally engaged in manufacturing; 
     (b) the primary market for the product of the business is 
national or international in scope; 
     (c) the business would not locate or expand or continue to 
expand in Minnesota if special assistance were not provided; 
     (d) the project will result in the addition of at least 50 
permanent employees; 
     (e) the total capital investment for the project exceeds 
$3,000,000; 
     (f) the provision of special assistance to the business 
will result in diversification of the state's economy by 
expanding the types of products produced or technologies by 
establishing new markets for Minnesota products or technologies; 
and 
     (g) the project will not directly result in a reduction in 
the employment of other Minnesota businesses. 
     (2) If the business is located in a distressed county, the 
following conditions must be satisfied:  
    (a) The business is principally engaged in manufacturing or 
in selling of tangible personal property or services in response 
to orders received by mail or telephone or in providing business 
services by mail or electronic data transmission. 
    (b) The business would not locate in the distressed county 
or an adjacent Minnesota county if special assistance were not 
provided; 
    (c) The total capital investment for the project exceeds 
$3,000,000 and the business will increase employment by at least 
25 permanent positions or the total capital investment for the 
project exceeds $1,000,000 and the business will increase 
employment by at least 50 additional positions.  
    (d) For purposes of this subdivision, "manufacturing" has 
the meaning given in section 474.16, subdivision 6, except that 
the provisions of clause (b) do not apply. 
    Sec. 15.  Minnesota Statutes 1984, section 116M.08, 
subdivision 17, is amended to read: 
    Subd. 17.  Financial information, including, but not 
limited to, credit reports, financial statements and net worth 
calculations, received or prepared by the authority regarding 
any authority loan, financial assistance, or insurance is 
private data with regard to data on individuals as defined in 
section 13.02, subdivision 9 12 and nonpublic data with regard 
to data not on individuals as defined in section 13.02, 
subdivision 12 9.  
    Sec. 16.  Minnesota Statutes 1984, section 121.15, 
subdivision 2, is amended to read: 
    Subd. 2.  [PLAN SUBMITTAL.] The department of education, 
after the consultation required in subdivision 1, may require a 
school district engaging in a construction, remodeling, or site 
improvement project to submit for approval:  
    (a) two sets of preliminary plans for each new building or 
addition, and 
    (b) one set of final plans for each construction, 
remodeling, or site improvement project.  The department of 
education shall approve or disapprove the plans within 60 days 
after submission.  A school district shall not award contracts 
before the department approves the plans.  
    Final plans shall meet all applicable state laws, rules, 
and codes concerning public buildings, including sections 16.83 
to 16.87 16B.59 to 16B.73.  The department of education's 
approval shall be limited to compliance with applicable state 
laws, rules, and codes and shall reasonably conform to the 
recommended educational standards established by the department 
of education.  The department may furnish to a school district 
plans and specifications for temporary school buildings 
containing two classrooms or less.  
    Sec. 17.  Minnesota Statutes 1985 Supplement, section 
124.32, subdivision 1d, is amended to read: 
    Subd. 1d.  [CONTRACT SERVICES.] (1) For special instruction 
and services provided during the regular school year to any 
pupil pursuant to section 120.17, subdivision 2, clause (h) (i), 
by contract with public, private or voluntary agencies other 
than school districts, the state shall pay each district 55 
percent of the difference between the amount of the contract and 
the foundation aid formula allowance of the district for that 
pupil or a pro rata portion of the foundation aid formula 
allowance for pupils who receive services by contract on less 
than a full-time basis.  
    (2) For special instruction and services provided for a 
pupil by such a contract as part of a summer school program, the 
state shall pay each district 55 percent of the difference 
between the amount of the contract and the summer school revenue 
allowance of the district attributable to that pupil.  
    Sec. 18.  Minnesota Statutes 1984, section 124A.02, 
subdivision 14, is amended to read: 
    Subd. 14.  [PERMITTED LEVY.] "Permitted levy" means the 
amount a district is permitted to levy for each tier, as 
determined by the department of education according to section 
275.125, subdivisions 7d and 7e law.  
    Sec. 19.  Minnesota Statutes 1984, section 136D.74, 
subdivision 2, is amended to read: 
    Subd. 2.  [TAX LEVY.] The intermediate school board may in 
each year for the purpose of paying any administrative, 
planning, operating, or capital expenses incurred or to be 
incurred certify to each county auditor of each county in which 
said intermediate school district shall lie, as a single taxing 
district, the tax levy specified in section 275.125, subdivision 
13, clause (2).  Additional tax levies may be certified which 
shall not in any year exceed .6 mills on each dollar of adjusted 
assessed valuation for expenses for special education and .5 
mills on each dollar of adjusted assessed valuation for expenses 
for secondary vocational education.  Said annual tax levies 
shall be certified pursuant to section 124.02 275.07.  Upon such 
certification the county auditor or auditors and other 
appropriate county officials shall levy and collect such levies 
and remit the proceeds of collection thereof to the intermediate 
school district as in the case with independent school 
districts.  Such levies shall not be included in computing the 
limitations, if any, upon the levy of the intermediate district 
or any of the participating districts under sections 124A.03, 
124A.06, subdivision 3a, 124A.08, subdivision 3a, 124A.10, 
subdivision 3a, 124A.12, subdivision 3a, 124A.14, subdivision 
5a, and 275.125. 
    Sec. 20.  Minnesota Statutes 1984, section 144.224, is 
amended to read: 
    144.224 [REPORTS OF DISSOLUTION AND ANNULMENT OF MARRIAGE.] 
    Each month the clerk of court shall forward to the 
commissioner of health the statistical report forms collected 
pursuant to section 144.695 518.147 during the preceding month.  
The report form shall include only the following information:  
    (a) name, date of birth, birthplace, residence, race, and 
educational attainment of the husband and wife;  
    (b) county of decree;  
    (c) date and type of decree;  
    (d) place and date of marriage;  
    (e) date of separation;  
    (f) number and ages of children of marriage;  
    (g) amount and status of maintenance and child support;  
    (h) custody of children;  
    (i) income of the parties;  
    (j) length of separation and length of marriage; and 
    (k) number of previous marriages and reasons for ending the 
previous marriages (death, dissolution, or annulment).  
    The commissioner may publish data collected under this 
section in summary form only.  The statistical report form shall 
contain a statement that neither the report form, nor 
information contained in the form, shall be admissible in 
evidence in this or any subsequent proceeding.  
    Sec. 21.  Minnesota Statutes 1985 Supplement, section 
145.917, subdivision 4, is amended to read: 
    Subd. 4.  [WITHDRAWAL.] Any participating county or city 
may by resolution of its governing body indicate its intention 
to withdraw from the subsidy program established by sections 
145.911 to 145.921. 
    (a) Notification shall be given to the state commissioner 
of health and to each county or city in any multicounty or 
multicity combination, at least one year before the beginning of 
the fiscal year in which it takes effect. 
    (b) When two or more counties or cities have combined for 
the purposes of sections 145.911 to 145.921, the withdrawal 
provision shall not be applicable during the first two years 
following the adoption of the initial agreement to combine. 
    (c) The withdrawal of a county or city from a group of two 
or more counties or cities combined for the purposes of sections 
145.911 to 145.921 shall not affect the eligibility for the 
community health services subsidy of the remaining counties or 
cities for at least one year following the withdrawal. 
    (d) The amount of any additional annual payment for 
calendar year 1985 made pursuant to Laws 1976, section 11 
Minnesota Statutes 1984, section 145.921, subdivision 4, shall 
be subtracted from the subsidy for a county that, due to 
withdrawal from a multicounty combination, ceases to meet the 
terms and conditions under which that additional annual payment 
was made. 
    Sec. 22.  Minnesota Statutes 1985 Supplement, section 
147.01, subdivision 4, is amended to read: 
    Subd. 4.  [DISCLOSURE.] Subject to the exceptions listed in 
this subdivision, all communications or information received by 
or disclosed to the board relating to any person or matter 
subject to its regulatory jurisdiction, and all records of any 
action or proceedings thereon, except a final decision of the 
board, are confidential and privileged and any disciplinary 
hearing shall be closed to the public.  
    (a) Upon application of a party in a proceeding before the 
board under section 147.021, the board shall produce and permit 
the inspection and copying, by or on behalf of the moving party, 
of any designated documents or papers relevant to the 
proceedings, in accordance with the provisions of rule 34, 
Minnesota rules of civil procedure. 
    (b) If the board imposes disciplinary measures of any kind, 
the name and business address of the licensee, the nature of the 
misconduct, and the action taken by the board are public data. 
    (c) The board shall exchange information with other 
licensing boards, agencies, or departments within the state, as 
required under section 214.10, subdivision 8, paragraph (e) (d), 
and may release information in the reports required under 
sections 147.02, subdivision 6, and 214.10, subdivision 8, 
paragraph (c) (b). 
    Sec. 23.  Minnesota Statutes 1985 Supplement, section 
147.073, subdivision 1, is amended to read: 
    Subdivision 1.  [INVESTIGATION.] The board shall maintain 
and keep current a file containing the reports and complaints 
filed against physicians in the state.  Each complaint filed 
with the board pursuant to section 214.10, subdivision 1, shall 
be investigated according to section 214.10, subdivision 2. 
    Whenever the files maintained by the board show that a 
medical malpractice settlement or award to the plaintiff has 
been made against a physician as reported by insurers pursuant 
to section 147.037 147.111, the executive director of the board 
shall notify the board and the board may authorize a review of 
the physician's practice. 
    Sec. 24.  Minnesota Statutes 1985 Supplement, section 
168.27, subdivision 11, is amended to read: 
    Subd. 11.  [LICENSES.] Upon the filing of an application 
for a license and the proper fee, the registrar is authorized, 
unless the application on its face appears to be invalid, to 
grant a 90-day temporary license and during said 90-day period 
shall investigate the fitness of the applicant, inspect the site 
and make such other investigation as is necessary to insure 
compliance with the licensing law.  The registrar may extend the 
temporary license 30 days.  At the end of the period of 
investigation the license shall either be granted or denied.  
The license must be denied if within the previous five years the 
applicant was enjoined due to a violation of section 325F.69 or 
convicted of violating section 325E.14, 325E.15, 325E.16, or 
325F.69, or convicted under section 609.53 of receiving or 
selling stolen vehicles, or convicted of violating United States 
Code, title 15, sections 1981 to 1991, as amended through 
December 31, 1984.  If the application is approved, the 
registrar shall license the applicant as a motor vehicle dealer 
for the remainder of the calendar year, and issue a certificate 
of license therefor as the registrar may provide upon which 
shall be placed a distinguishing number of identification of 
such dealer.  Each initial application for a license shall be 
accompanied by a fee of $50 in addition to the annual fee.  The 
annual fee shall be $100.  All initial fees and annual 
fees which shall be paid into the state treasury and credited to 
the general fund.  If the initial application is received by the 
registrar after July 1 of any year, the first annual fee shall 
be reduced by one-half. 
    Sec. 25.  Minnesota Statutes 1984, section 176A.01, 
subdivision 1, is amended to read: 
    Subdivision 1.  [APPLICATION.] For the purposes of Laws 
1983, chapter 287, article 2, sections 1 to 13 sections 176A.01 
to 176A.11, the terms defined in this section have the meanings 
given them.  
    Sec. 26.  Minnesota Statutes 1984, section 179A.10, 
subdivision 3, is amended to read: 
    Subd. 3.  [STATE EMPLOYEE SEVERANCE.] Each of the following 
groups of employees has the right, as specified in this 
subdivision, to separate from the general professional, health 
treatment, or general supervisory units provided for in 
subdivision 1 2:  attorneys, physicians, professional employees 
of the higher education coordinating board who are compensated 
pursuant to section 43A.18, subdivision 4, state 
patrol-supervisors, and criminal apprehension 
investigative-supervisors.  This right shall be exercised by 
petition during the 60-day period commencing 270 days prior to 
the termination of a contract covering the units.  If one of 
these groups of employees exercises the right to separate from 
the units they shall have no right to meet and negotiate, but 
shall retain the right to meet and confer with the commissioner 
of employee relations and with the appropriate appointing 
authority on any matter of concern to them.  The manner of 
exercise of the right to separate shall be as follows:  An 
employee organization or group of employees claiming that a 
majority of any one of these groups of employees on a statewide 
basis wish to separate from their units may petition the 
director for an election during the petitioning period.  If the 
petition is supported by a showing of at least 30 percent 
support for the petitioner from the employees, the director 
shall hold an election to ascertain the wishes of the majority 
with respect to the issue of remaining within or severing from 
the units provided in subdivision 1 2.  This election shall be 
conducted within 30 days of the close of the petition period.  
If a majority of votes cast endorse severance from the unit in 
favor of separate meet and confer status for any one of these 
groups of employees, the director shall certify that result. 
This election shall, where not inconsistent with other 
provisions of this section, be governed by section 179A.16.  If 
a group of employees elects to sever they may rejoin that unit 
by following the same procedures specified above for severance, 
but may only do so during the periods provided for severance.  
    Sec. 27.  Minnesota Statutes 1985 Supplement, section 
248.07, subdivision 7, is amended to read: 
    Subd. 7.  [BLIND, VENDING STANDS AND MACHINES ON 
GOVERNMENTAL PROPERTY.] Notwithstanding any other law, for the 
rehabilitation of blind persons the commissioner shall have 
exclusive authority to establish and to operate vending stands 
and vending machines in all buildings and properties owned or 
rented exclusively by any department of the state of Minnesota 
except the department of natural resources properties operated 
directly by the Division of State Parks and not subject to 
private leasing.  The merchandise to be dispensed by such 
vending stands and machines may include soft drinks, (except 3.2 
beer), milk, food, candies, tobacco, souvenirs, notions and 
related items.  Such vending stands and vending machines herein 
authorized shall be operated on the same basis as other vending 
stands for the blind established and supervised by the 
commissioner of human services.  The commissioner may waive this 
authority to displace any present private individual 
concessionaire in any state-owned or rented building or 
property.  With the consent of the governing body of a 
governmental subdivision of the state, the commissioner may 
establish and supervise vending stands and vending machines for 
the blind in any building or property exclusively owned or 
rented by the governmental subdivision. 
    Sec. 28.  Minnesota Statutes 1985 Supplement, section 
256B.091, subdivision 4, is amended to read: 
    Subd. 4.  [SCREENING OF PERSONS.] Prior to nursing home or 
boarding care home admission, screening teams shall assess the 
needs of all applicants, except (1) patients transferred from 
other nursing homes; (2) patients who, having entered acute care 
facilities from nursing homes, are returning to nursing home 
care; (3) persons entering a facility described in section 
256B.431, subdivision 4, paragraph (b) (c); or (4) persons 
entering a facility conducted by and for the adherents of a 
recognized church or religious denomination for the purpose of 
providing care and services for those who depend upon spiritual 
means, through prayer alone, for healing.  The cost for 
screening persons who are receiving medical assistance or who 
would be eligible for medical assistance within 180 days of 
nursing home or boarding care home admission, must be paid by 
state, federal, and county money.  Other persons shall be 
assessed by a screening team upon payment of a fee approved by 
the commissioner. 
    Sec. 29.  Minnesota Statutes 1985 Supplement, section 
256D.37, subdivision 1, is amended to read: 
     Subdivision 1.  (a) For all individuals who apply to the 
appropriate local agency for supplemental aid, the local agency 
shall determine whether the individual meets the eligibility 
criteria prescribed in subdivision 2.  For each individual who 
meets the relevant eligibility criteria prescribed in 
subdivision 2, the local agency shall certify to the 
commissioner the amount of supplemental aid to which the 
individual is entitled in accordance with all of the standards 
in effect December 31, 1973, for the appropriate categorical aid 
program.  
    (b) When a recipient is a resident of a state hospital or a 
dwelling with a negotiated rate, the recipient is not eligible 
for a shelter standard, a basic needs standard, or for special 
needs payments.  The state standard of assistance for those 
recipients is the clothing and personal needs allowance for 
medical assistance recipients under section 256B.35.  Minnesota 
supplemental aid may be paid to negotiated rate facilities at 
the rates in effect on March 1, 1985, for services provided 
under the supplemental aid program to residents of the facility, 
up to the maximum negotiated rate specified in this section.  
The rate for room and board or for a licensed facility must not 
exceed $800.  The maximum negotiated rate does not apply to a 
facility that, on August 1, 1984, was licensed by the 
commissioner of health only as a boarding care home, certified 
by the commissioner of health as an intermediate care facility, 
and licensed by the commissioner of human services under 
Minnesota Rules, parts 9520.0500 to 9520.0690.  The following 
facilities are exempt from the limit on negotiated rates and 
must be reimbursed for documented actual costs, until June 30, 
1987:  
     (1) a facility that only provides services to persons with 
mental retardation; and 
     (2) a facility not certified to participate in the medical 
assistance program that is licensed as a boarding care facility 
as of March 1, 1985, and only provides care to persons aged 65 
or older.  Beginning July 1, 1987, these facilities are subject 
to applicable supplemental aid limits, and mental retardation 
facilities must meet all applicable licensing and reimbursement 
requirements for programs for persons with mental retardation.  
The negotiated rates may be paid for persons who are placed by 
the local agency or who elect to reside in a room and board 
facility or a licensed facility for the purpose of receiving 
physical, mental health, or rehabilitative care, provided the 
local agency agrees that this care is needed by the person.  
When Minnesota supplemental aid is used to pay a negotiated 
rate, the rate payable to the facility must not exceed the rate 
paid by an individual not receiving Minnesota supplemental aid.  
To receive payment for a negotiated rate, the dwelling must 
comply with applicable laws and rules establishing standards 
necessary for health, safety, and licensure.  The negotiated 
rate must be adjusted by the annual percentage change in the 
urban consumer price index (CPI-U) for Minneapolis-St. Paul as 
published by the Bureau of Labor Statistics between the previous 
two Octobers, new series index (1967-100).  In computing the 
amount of supplemental aid under this section, the local agency 
shall deduct from the gross amount of the individual's 
determined needs all income, subject to the criteria for income 
disregards in effect December 31, 1973, for the appropriate 
categorical aid program, except that the earned income disregard 
for disabled persons who are not residents of long-term care 
facilities shall be the same as the earned income disregard 
available to disabled persons in the supplemental security 
income program and all actual work expenses shall be deducted 
when determining the amount of income for the individual.  From 
and after the first of the month in which an effective 
application is filed, the state and the county shall share 
responsibility for the payment of the supplemental aid to which 
the individual is entitled under this section as provided in 
section 256D.36. 
    Sec. 30.  Minnesota Statutes 1985 Supplement, section 
256F.05, subdivision 4, is amended to read: 
    Subd. 4.  [PAYMENTS.] The commissioner shall make grant 
payments to each county whose biennial community social services 
plan includes a permanency plan under section 256B.503 256F.04, 
subdivision 2.  The payment must be made in four installments 
per year.  The commissioner may certify the payments for the 
first three months of a calendar year.  Subsequent payments must 
be made on April 1, July 1, and October 1, of each calendar year.
    Sec. 31.  Minnesota Statutes 1985 Supplement, section 
256F.06, subdivision 1, is amended to read: 
    Subdivision 1.  [RESPONSIBILITIES.] A county board may, 
alone or in combination with other county boards, apply for a 
permanency planning grant as provided in section 256B.503 
256F.04, subdivision 2.  Upon approval of the permanency 
planning grant, the county board may contract for or directly 
provide placement prevention and family reunification services. 
    Sec. 32.  Minnesota Statutes 1984, section 260.245, is 
amended to read: 
    260.245 [CHANGE OF GUARDIAN; TERMINATION OF GUARDIANSHIP.] 
    Upon its own motion or upon petition of an interested 
party, the juvenile court having jurisdiction of the child may, 
after notice to the parties and a hearing, remove the guardian 
appointed by the juvenile court and appoint a new guardian in 
accordance with the provisions of section 260.241, subdivision 
1(a), (b), or (c) 260.242, subdivision 1, clause (a), (b), or 
(c).  Upon a showing that the child is emancipated, the court 
may discharge the guardianship.  Any child 14 years of age or 
older who is not adopted but who is placed in a satisfactory 
foster home, may, with the consent of the foster parents, join 
with the guardian appointed by the juvenile court in a petition 
to the court having jurisdiction of the child to discharge the 
existing guardian and appoint the foster parents as guardians of 
the child.  The authority of a guardian appointed by the 
juvenile court terminates when the individual under guardianship 
is no longer a minor or when guardianship is otherwise 
discharged.  
    Sec. 33.  Minnesota Statutes 1985 Supplement, section 
273.124, subdivision 5, is amended to read: 
    Subd. 5.  [CONTINUING CARE FACILITIES.] When a building 
containing several dwelling units is owned by an entity which is 
regulated under the provisions of chapter 80D and operating as a 
continuing care facility enters into residency agreements with 
persons who occupy a unit in the building and the residency 
agreement entitles the resident to occupancy in the building 
after personal assets are exhausted and regardless of ability to 
pay the monthly maintenance fee, homestead classification shall 
be given to each unit so occupied and the entire building shall 
be assessed in the manner provided in subdivision 1 3 for 
cooperatives and charitable corporations. 
    Sec. 34.  Minnesota Statutes 1985 Supplement, section 
297C.03, subdivision 1, is amended to read: 
    Subdivision 1.  [MANNER AND TIME OF PAYMENT; PENALTIES; 
DEPOSIT OF TAX PROCEEDS.] The tax on wines and distilled spirits 
on which the excise tax has not been previously paid must be 
paid to the commissioner by persons having on file with the 
commissioner a sufficient bond as provided in subdivision 2 4 on 
or before the tenth day of the month following the month in 
which the first sale is made in this state by a licensed 
manufacturer or wholesaler.  Every person liable for the tax on 
wines or distilled spirits imposed by section 297C.02 must file 
with the commissioner on or before the tenth day of the month 
following first sale in this state by a licensed manufacturer or 
wholesaler a return in the form prescribed by rule of the 
commissioner, and must keep records and render reports required 
by rule of the commissioner.  A person liable for any tax on 
wines or distilled spirits not having on file a sufficient bond 
must pay the tax within 24 hours after first sale in this 
state.  The commissioner may certify to the commissioner of 
public safety any failure to pay taxes when due as a violation 
of a statute relating to the sale of intoxicating liquor for 
possible revocation or suspension of license.  
    If a person fails to pay the tax within the time specified 
or within 30 days after final determination of an appeal to the 
Minnesota tax court relating thereto, there is added a penalty 
equal to ten percent of the remaining unpaid amount.  The 
penalty must be collected as part of the tax.  The amount of tax 
not timely paid, together with the penalty, must bear interest 
at the rate specified in section 270.75 from the time the tax 
should have been paid until it is paid. 
    Sec. 35.  Minnesota Statutes 1985 Supplement, section 
298.02, subdivision 1, is amended to read: 
    Subdivision 1.  [CREDIT.] For the purpose of increasing 
employment and the utilization of low-grade, underground, and 
high labor cost ores any taxpayer on whom a tax is imposed by 
reason of the provisions of section 298.01, subdivisions 
subdivision 1 and 2, shall be allowed a credit against the 
occupation tax as computed in that section because of the mining 
or production of ore from any mine, in an amount calculated as 
follows: 
    In the case of all mines, ten percent of that part of the 
cost of labor employed by the mine or in the beneficiation of 
all ore mined or produced in the calendar year in excess of 70 
cents and not in excess of 90 cents per ton of the merchantable 
ore produced during the year at that mine, and 15 percent of 
that part of the cost of such labor in excess of 90 cents per 
ton;  provided, however, that in no event shall the credit 
allowed hereunder be in excess of three-fourths of 11 percent of 
the valuation of the ore used in computing the tax under the 
provisions of section 298.01.  The term "merchantable ore 
produced" as used herein means ores which as mined or as mined 
and beneficiated, are ready for shipment as a merchantable 
product.  
    Sec. 36.  Minnesota Statutes 1984, section 327C.07, 
subdivision 3a, is amended to read: 
    Subd. 3a.  [SAFETY FEATURE DISCLOSURE FORM.] A resident or 
a resident's agent shall disclose information about safety 
features of the home to the prospective buyer.  The information 
must be given to the buyer before the sale, in writing, in the 
following form:  

       MANUFACTURED (MOBILE) HOME SAFETY FEATURE DISCLOSURE FORM 
     This form is required by law to be filled out and given to 
the prospective buyer of any used manufactured home by all 
private parties, dealers, and brokers.  

                        EXITS AND EGRESS WINDOWS 
     This home has at least one egress window in each bedroom, 
or a window in each bedroom that meets the specifications of the 
American National Standard Institute 1972 Standard A119.1 
covering manufactured homes made in Minnesota.  This standard 
requires that the window be at least 22 inches in least 
dimension, and at least five square feet in area, and that the 
window be not more than four feet off the floor.  Egress windows 
installed in compliance with the U.S. Department of Housing and 
Urban Development Manufactured Home Standards or the State 
Building Code are deemed to meet the requirements of this 
section.  
                              Yes .....    No ..... 
     This home has ...... (number) of exits.  They are located 
................................... .  

                 SMOKE DETECTORS AND FIRE EXTINGUISHERS 
     This home is equipped with fire extinguishers as required 
by the Minnesota state health department.  
                              Yes .....    No ..... 
     They are located ...................................... 
.......................................................  
     This home is equipped with at least one listed automatic 
smoke detector outside each sleeping area as required in homes 
built in accordance with the state building code.  
                              Yes .....    No ..... 

                       ALUMINUM ELECTRICAL WIRING 
     This home has aluminum electrical wiring.  
                              Yes .....    No ..... 
     Aluminum electrical wiring can present a fire hazard in 
homes.  The special hazards presented by aluminum electrical 
wiring can be eliminated by certain repairs, as recommended by 
the U.S. Consumer Product Safety Commission.  
     A.  The wiring connections to the outlets in this home have 
been crimped, and the connection point is now copper. 
                              Yes .....    No ..... 
     B.  This home has electrical outlets and switches 
compatible with aluminum electrical wiring. 
                              Yes .....    No ..... 
     C.  Other action has been taken to eliminate or reduce the 
danger caused by aluminum electrical wiring in this home.  
(Describe) 
.......................................................... 
.......................................................... (The 
buyer may check the effectiveness of these methods by contacting 
the U.S. Consumer Product Safety Commission.) 

                       FURNACE AND WATER HEATER 
     The furnace compartment in this home is lined with gypsum 
board, as specified in the 1976 U.S. Department of Housing and 
Urban Development codes governing manufactured housing 
construction.  
                              Yes .....    No ..... 
     The water heater enclosure in this home is lined with 
gypsum board, as specified in the 1976 U.S. Department of 
Housing and Urban Development codes governing manufactured 
housing construction.  
                              Yes .....    No ..... 

                   SOLID FUEL BURNING STOVE AND FIREPLACE 
     This home contains a solid fuel burning stove.  This stove 
was installed by the manufacturer of the home after June 15, 
1976, and was inspected for compliance with the U.S. Department 
of Housing and Urban Development Manufactured Home Standards.  
                              Yes .....    No ..... 
     This home contains a solid fuel burning stove.  This stove 
unit is approved for installation in manufactured homes.  It was 
installed by ......................... in accordance with the 
manufacturer's guidelines.  A building permit for this stove was 
issued by the city of ...................., and this stove 
installation has been approved by the building official.  
                              Yes .....    No ..... 
     This home contains a solid fuel burning fireplace.  The 
fireplace was installed by the manufacturer of the home after 
June 15, 1976, and was inspected for compliance with the U.S. 
Department of Housing and Urban Development Manufactured Home 
Standards.  
                              Yes......    No...... 
     This home contains a solid fuel burning fireplace.  This 
fireplace unit is approved for installation in manufactured 
homes.  It was installed by ......................... in 
accordance with the manufacturer's guidelines.  A building 
permit for this fireplace was issued by the city of 
...................., and this fireplace installation has been 
approved by the building official.  
                              Yes......    No...... 

                             SUPPORT SYSTEM 
     This home is supported by a support system, as required by 
state code since September 1, 1974.  
                              Yes......    No...... 

           RECOMMENDATIONS TO PROSPECTIVE BUYERS:  HEAT TAPE 
     It is also recommended that the buyer check the home's heat 
tape.  Old and worn heat tape, and improper installation of heat 
tape, can cause a fire hazard.  

                        FURNACE AND WATER HEATER 
     It is recommended that the buyer have a qualified utility 
representative check the furnace and water heater to see that 
they are both in good working order.  If this home was converted 
from oil to natural gas heat, there could be safety problems if 
the conversion was not done correctly.  A utility representative 
or building official can inspect the condition and installation 
of this equipment.  They may charge a reasonable fee to do so.  
It is also recommended that the buyer check the floor area 
around the water heater and furnace compartments.  A weakened 
floor can create a fire hazard.  

                              ENERGY AUDIT 
    It is also recommended that the buyer have a utility 
approved energy audit of the home.  

                    COMPLIANCE WITH SAFETY FEATURES 
    If you purchase the home, you will be required to install 
egress windows and smoke detectors and fire extinguishers within 
one year 30 days.  You will be required to comply with all of 
the safety features contained in this form within three years.  
    I, .........................., the undersigned, hereby 
declare that the above information is true and correct to the 
best of my knowledge.  
                              .......................... 
                              Signature 
                              ..........................
                              Date"
    A park owner shall provide a resident or a resident's agent 
with a copy of the safety feature disclosure form upon request.  
    Sec. 37.  Minnesota Statutes 1985 Supplement, section 
340A.404, subdivision 5, is amended to read:  
    Subd. 5.  [WINE LICENSES.] A municipality may issue an 
on-sale wine license with the approval of the commissioner to a 
restaurant having facilities for seating at least 25 guests at 
one time.  A wine license permits the sale of wine of up to 14 
percent alcohol by volume for consumption with the sale of 
food.  A wine license authorizes the sale of wine on all days of 
the week unless the issuing authority restricts the license's 
authorization to the sale of wine on all days except Sundays. 
    Sec. 38.  Minnesota Statutes 1985 Supplement, section 
340A.409, subdivision 1, is amended to read: 
    Subdivision 1.  [INSURANCE REQUIRED.] No retail license may 
be issued, maintained or renewed unless the applicant 
demonstrates proof of financial responsibility with regard to 
liability imposed by section 340A.801.  The issuing authority 
must submit to the commissioner the applicant's proof of 
financial responsibility. This subdivision does not prohibit a 
local unit of government from requiring higher insurance or bond 
coverages, or a larger deposit of cash or securities.  The 
minimum requirement for proof of financial responsibility may be 
given by filing: 
    (1) a certificate that there is in effect for the license 
period an insurance policy or pool providing at least $50,000 of 
coverage because of bodily injury to any one person in any one 
occurrence, $100,000 because of bodily injury to two or more 
persons in any one occurrence, $10,000 because of injury to or 
destruction of property of others in any one occurrence, $50,000 
for loss of means of support of any one person in any one 
occurrence, and $100,000 for loss of means of support of two or 
more persons in any one occurrence.  An annual aggregate policy 
limit for dramshop liability of not less than $300,000 per 
policy year may be included in the policy provisions; 
    (2) a bond of a surety company with minimum coverages as 
provided in clause (1); or 
    (3) a certificate of the state treasurer that the licensee 
has deposited with the state treasurer $100,000 in cash or 
securities which may legally be purchased by savings banks or 
for trust funds having a market value of $100,000;. 
    (4) This subdivision does not prohibit an insurer from 
providing the coverage required by this subdivision in 
combination with other insurance coverage. 
    An annual aggregate policy limit for dram shop insurance of 
not less than $300,000 per policy year may be included in the 
policy provisions. 
    A liability insurance policy required by this section must 
provide that it may not be canceled for any cause by either the 
insured or the insuror unless the canceling party has first 
given ten days' notice in writing to the issuing authority of 
intent to cancel the policy. 
    Sec. 39.  Minnesota Statutes 1985 Supplement, section 
340A.410, is amended by adding a subdivision to read: 
    Subd. 8.  [COPY OF SUMMONS.] Every application for the 
issuance or renewal of intoxicating or nonintoxicating liquor 
licenses must include a copy of each summons received by the 
applicant under section 340A.802 during the preceding year. 
    Sec. 40.  Minnesota Statutes 1985 Supplement, section 
340A.412, subdivision 1, is amended to read: 
    Subdivision 1.  [BOND REQUIRED.] A local unit of government 
shall not grant a retail license to sell intoxicating liquor 
until the applicant has filed a bond with corporate surety, or 
cash, or United States government bonds in the amount of not 
less than $3,000 nor more than $5,000 for on-sale licenses, and 
not less than $1,000 nor more than $3,000 for off-sale 
licenses.  A common carrier who applies for a license to sell 
intoxicating liquor under section 340A.407, must file with the 
commissioner a bond with corporate surety, or cash, or 
government bonds in the sum of $1,000.  A bond filed under this 
subdivision must be conditional on the licensee obeying all laws 
governing the business and paying all taxes, fees, penalties, 
and other charges, and must provide that the bond is forfeited 
to the unit of government issuing the license on a violation of 
law.  The commissioner must approve all bonds filed by 
applicants for an off-sale license. 
    Every application for the issuance or renewal of a license 
for the sale of intoxicating or nonintoxicating liquor must 
include a copy of each summons received by the applicant under 
section 340A.802 during the preceding year.  
    Sec. 41.  Minnesota Statutes 1985 Supplement, section 
340A.412, subdivision 9, is amended to read: 
    Subd. 9.  [LICENSE TRANSFER.] A license may be transferred 
with the consent of the issuing authority, provided that a 
license is issued to a location at a racetrack licensed under 
chapter 240 may not be transferred.  Where a license is held by 
a corporation, a change in ownership of ten percent or more of 
the stock of the corporation must be reported in writing to the 
authority who issued the license within ten days of the transfer.
    Sec. 42.  Minnesota Statutes 1985 Supplement, section 
340A.415, is amended to read: 
    340A.415 [LICENSE REVOCATION OR SUSPENSION.] 
    The authority issuing or approving any retail license or 
permit under this chapter shall either suspend for up to 60 days 
or revoke the license or permit or impose a civil fine not to 
exceed $2,000 for each violation on a finding that the license 
or permit holder has failed to comply with an applicable 
statute, regulation, or ordinance relating to alcoholic 
beverages.  No suspension or revocation takes effect until the 
license or permit holder has been afforded an opportunity for a 
hearing under chapter 14 sections 14.57 to 14.70 of the 
administrative procedure act. 
    Sec. 43.  [340A.510] [WINE SAMPLES.] 
    Off-sale licenses and municipal liquor stores may provide 
samples of wine, liqueurs, and cordials which the licensee or 
municipal liquor store currently has in stock and is offering 
for sale to the general public without obtaining an additional 
license, provided the wine, liqueur, and cordial samples are 
dispensed at no charge and consumed on the licensed premises 
during the permitted hours of off-sale in a quantity less than 
50 milliliters of wine per variety per customer and 25 
milliliters of liqueur or cordial per variety per customer. 
    Sec. 44.  Minnesota Statutes 1985 Supplement, section 
340A.802, subdivision 1, is amended to read: 
    Subdivision 1.  [NOTICE OF INJURY.] A person who claims 
damages and a person or insurer who claims contribution or 
indemnity from a licensed retailer of alcoholic beverages or 
municipal liquor store for or because of an injury within the 
scope of section 340A.801 must give a written notice to the 
licensee or municipality stating: 
    (1) the time and date when and person to whom the liquor 
was alcoholic beverages were sold or bartered; 
    (2) the name and address of the person or persons who were 
injured or whose property was damaged; and 
    (3) the approximate time and date, and the place where the 
injury to person or property occurred. 
    A licensee or municipality who claims contribution or 
indemnification from another licensee or municipality must give 
a written notice to the other licensee or municipality in the 
form and manner specified in this section. 
    An error or omission in the notice does not void the 
notice's effect if the notice is otherwise valid unless the 
error or omission is of a substantially material nature. 
    Sec. 45.  Minnesota Statutes 1985 Supplement, section 
340A.702, is amended to read:  
    340A.702 [GROSS MISDEMEANORS.] 
    It is a gross misdemeanor:  
    (1) to sell an alcoholic beverage without a license 
authorizing the sale;  
    (2) for a licensee to refuse or neglect to obey a lawful 
direction or order of the commissioner or the commissioner's 
agent, withhold information or a document the commissioner calls 
for examination, obstruct or mislead the commissioner in the 
execution of the commissioner's duties or swear falsely under 
oath;  
    (3) to violate the provisions of sections 340A.301 to 
340A.313; 
    (4) to violate the provisions of section 340A.508; 
    (5) for any person, partnership, or corporation to 
knowingly have or possess direct or indirect interest in more 
than one off-sale intoxicating liquor license in a municipality 
in violation of section 340A.412, subdivision 2 3; 
    (6) to sell or otherwise dispose of intoxicating liquor 
within 1,000 feet of a state hospital, training school, 
reformatory, prison, or other institution under the supervision 
and control, in whole or in part, of the commissioner of human 
services or the commissioner of corrections; 
    (7) to violate the provisions of section 340A.502; 
    (8) to violate the provisions of section 340A.503, 
subdivision 2, clause (1) or (3); 
    (9) to withhold any information, book, paper, or other 
thing called for by the commissioner for the purpose of an 
examination; 
    (10) to obstruct or mislead the commissioner in the 
execution of the commissioner's duties; or 
    (11) to swear falsely concerning any matter stated under 
oath. 
    Sec. 46.  Minnesota Statutes 1985 Supplement, section 
356.216, is amended to read: 
    356.216 [CONTENTS OF ACTUARIAL VALUATIONS FOR LOCAL POLICE 
AND FIRE FUNDS.] 
    The provisions of section 356.215, governing the contents 
of actuarial valuations and experience studies shall apply to 
any local police or fire pension fund or relief association 
required to make an actuarial report under this section except 
as follows: 
    (1) in calculating normal cost and other requirements 
expressed as a level percentage of covered payroll, the salaries 
used in computing covered payroll shall be the maximum rate of 
salary from which retirement and survivorship credits and 
amounts of benefits are determined and from which member 
contributions are calculated and deducted; 
    (2) in lieu of the amortization date specified in section 
356.215, subdivision 4, clause (7) 4g, the appropriate 
amortization target date specified in section 69.77, subdivision 
2, clause (2), or 69.773, subdivision 4, clause (b), shall be 
used in calculating the required amortization contribution; 
    (3) in addition to the tabulation of active members and 
annuitants provided for in section 356.215, subdivision 4, 
clause (10) 4i, the member contributions for active members for 
the calendar year and the prospective annual retirement 
annuities under the benefit plan for active members shall be 
reported;  
    (4) actuarial valuations required pursuant to section 
69.773, subdivision 2 shall be made at least every four years 
and actuarial valuations required pursuant to section 69.77 
shall be made annually; and 
    (5) the actuarial balance sheet showing accrued assets, 
accrued liabilities, and the deficit from full funding of 
liabilities (unfunded accrued liability) shall include the 
following required reserves: 
    (a) For active members 
      1.  Retirement benefits 
      2.  Disability benefits 
      3.  Refund liability due to death or withdrawal 
      4.  Survivors' benefits 
     (b) For deferred annuitants' benefits 
     (c) For former members without vested rights 
     (d) For annuitants 
      1.  Retirement annuities 
      2.  Disability annuities 
      3.  Surviving spouses' annuities 
      4.  Surviving children's annuities 
    In addition to the above required reserves, separate items 
shall be shown for additional benefits, if any, which may not be 
appropriately included in the reserves listed above. 
    Sec. 47.  Minnesota Statutes 1985 Supplement, section 
358.44, is amended to read: 
    358.44 [NOTARIAL ACTS IN OTHER JURISDICTIONS OF THE UNITED 
STATES.] 
    (a) A notarial act has the same effect under the law of 
this state as if performed by a notarial officer of this state, 
if performed in another state, commonwealth, territory, 
district, or possession of the United States by any of the 
following persons:  
    (1) a notary public of that jurisdiction;  
    (2) a judge, clerk, or deputy clerk of a court of that 
jurisdiction; or 
    (3) any other person authorized by the law of that 
jurisdiction to perform notarial acts.  
    (b) Notarial acts performed in other jurisdictions of the 
United States under federal authority as provided in this 
section 358.45 have the same effect as if performed by a 
notarial officer of this state.  
    (c) The signature and title of a person performing a 
notarial act are prima facie evidence that the signature is 
genuine and that the person holds the designated title.  
    (d) The signature and indicated title of an officer listed 
in subsection (a)(1) or (a)(2) conclusively establish the 
authority of a holder of that title to perform a notarial act.  
    Sec. 48.  Minnesota Statutes 1984, section 383A.23, 
subdivisions 2, 3, and 4, are repealed. 
    Sec. 49.  Minnesota Statutes 1984, section 383A.23, 
subdivision 5, is amended to read: 
    Subd. 5.  [FUTURE REDISTRICTING.] Beginning with the 1980 
federal census, The redistricting of Ramsey county is governed 
by Minnesota Statutes, section 375.025.  
    Sec. 50.  Minnesota Statutes 1984, section 385.24, is 
amended to read: 
    385.24 [REFUSAL TO EXECUTE PROCESS.] 
    If any sheriff or other officer to whom an execution 
against a delinquent treasurer and his sureties is delivered 
neglects or refuses to execute the same, or neglects or refuses 
to pay over any money collected thereon, as required in section 
385.23, he and his sureties shall be liable to the same 
penalties and proceeded against in the same manner as provided 
by law in the case of delinquent treasurers.  
    Sec. 51.  Minnesota Statutes 1984, section 403.12, 
subdivisions 2 and 3, are repealed. 
    Sec. 52.  Minnesota Statutes 1984, section 403.12, 
subdivision 1, is amended to read:  
    Subdivision 1.  By January 1 of each year, the department 
of administration shall report to the legislature the progress 
that has been made in the implementation of sections 403.01 to 
403.12.  There is also created a commission to study and 
consider alternates for continuing financing of the statewide 
911 telephone emergency system. 
    Sec. 53.  Minnesota Statutes 1984, section 414.061, 
subdivision 4, is amended to read: 
    Subd. 4.  [BOARD INITIATION.] The board may initiate 
proceedings for the concurrent detachment and annexation of 
portions of one municipality completely surrounded by another 
municipality, on its own motion or upon the petition of all of 
the owners of property in the completely surrounded area.  In 
such cases the board shall conduct hearings and issue its order 
as in the case of consolidations of two or more municipalities 
under sections 414.041, subdivisions 3 and subdivision 5, and 
414.09. 
    Sec. 54.  Minnesota Statutes 1984, section 414.061, 
subdivision 4a, is amended to read: 
    Subd. 4a.  [PROPERTY NOT JOINING MAJOR PORTION OF 
MUNICIPALITY.] Upon the petition of all of the owners of 
property of a portion of a municipality which at no point joins 
the major portion of the municipality but which at some point 
joins another municipality the board may initiate proceedings 
for the concurrent detachment and annexation of said portion.  
In such cases the board shall conduct hearings and issue its 
order as in the case of consolidations of two or more 
municipalities under sections 414.041, subdivisions 3 and 
subdivision 5, and 414.09. 
    Sec. 55.  Minnesota Statutes 1985 Supplement, section 
414.061, subdivision 5, is amended to read: 
    Subd. 5.  [PROPERTY OWNER INITIATION.] Property owners may 
initiate proceedings for the concurrent detachment of their 
property from one municipality and its annexation to an adjacent 
municipality by a petition signed by all of them.  The board 
shall conduct hearings and issue its order as in the case of 
consolidations of two or more municipalities under sections 
414.041, subdivisions 3 and subdivision 5 and 414.09. 
    Sec. 56.  Minnesota Statutes 1985 Supplement, section 
458.16, subdivision 6, is amended to read: 
    Subd. 6.  Upon delegation by a municipality as provided in 
section 472B.08 472B.06, a port authority may exercise any of 
the delegated powers in connection with mined underground space 
development pursuant to sections 472B.03 to 472B.07. 
    Sec. 57.  In Minnesota Statutes, chapter 462, the revisor 
shall change all references to "sections 462.381 to 462.396" to 
"sections 462.381 to 462.398."  
    Sec. 58.  Minnesota Statutes 1984, section 462A.21, 
subdivision 8a, is amended to read: 
    Subd. 8a.  It may establish a multifamily development 
assistance fund, on terms and conditions it deems advisable, to 
be used in connection with the financing of multifamily 
developments (a) to make loans, with or without interest, 
pursuant to section 462A.05, subdivisions 1 2 and 3, or (b) to 
make payments into accounts of the agency for the purpose of 
making payments required by a resolution for the issuance of its 
notes or bonds, as permitted by section 462A.10, subdivision 4.  
    Sec. 59.  Minnesota Statutes 1985 Supplement, section 
473.831, subdivision 1, is amended to read: 
    Subdivision 1.  [GENERAL OBLIGATION BONDS.] The council may 
by resolution authorize the issuance of general obligation bonds 
of the council to provide funds for the purposes specified in 
subdivision 2 and for refunding obligations issued under this 
section.  The bonds shall be sold, issued, and secured in the 
manner provided in chapter 475 for general obligation bonds, and 
the council shall have the same power and duties as a 
municipality and its governing body in issuing bonds under 
chapter 475, except as otherwise provided in this chapter.  No 
election shall be required, and the net debt limitations in 
chapter 475 shall not apply.  The council shall have the power 
to levy ad valorem taxes for debt service of the council's solid 
waste bonds upon all taxable property within the metropolitan 
area, without limitation of rate or amount and without affecting 
the amount or rate of taxes which may be levied by the council 
for other purposes or by any local government unit in the area.  
Each of the county auditors shall annually assess and extend 
upon the tax rolls in his county the portion of the taxes levied 
by the council in each year which is certified to him by the 
council.  The principal amount of bonds issued pursuant to this 
section shall not exceed $15,000,000. 
    Sec. 60.  Minnesota Statutes 1985 Supplement, section 
527.41, is amended to read: 
    527.41 [APPLICABILITY.] 
    Sections 527.21 to 527.40 apply to a transfer within the 
scope of section 527.22 made after January 1, 1986, if:  
    (1) the transfer purports to have been made under Minnesota 
Statutes 1984, sections 527.01 to 527.11; or 
    (2) the instrument by which the transfer purports to have 
been made uses in substance the designation "as custodian under 
the uniform gifts to minors act" or "as custodian under the 
uniform transfers to minors act" of any other state, and the 
application of sections 527.21 to 527.40 is necessary to 
validate the transfer. 
    Sec. 61.  Minnesota Statutes 1985 Supplement, section 
527.42, is amended to read: 
    527.42 [EFFECT ON EXISTING CUSTODIANSHIPS.] 
    (a) Any transfer of custodial property as now defined in 
sections 527.21 to 527.40 made before January 1, 1986, is 
validated notwithstanding that there was no specific authority 
in Minnesota Statutes 1984, sections 527.01 to 527.11 for the 
coverage of custodial property of that kind or for a transfer 
from that source at the time the transfer was made.  
    (b) Sections 527.21 to 527.40 apply to all transfers made 
before January 1, 1986, in a manner and form prescribed in 
Minnesota Statutes 1984, sections 527.01 to 527.11, except 
insofar as the application impairs constitutionally vested 
rights or extends the duration of custodianships in existence 
before January 1, 1986.  
    (c) Sections 527.21 and 527.40 with respect to the age of a 
minor for whom custodial property is held under those sections 
do not apply to custodial property held in a custodianship that 
terminated because of the minor's attainment of the age of 18 
after May 31, 1973, and before January 1, 1986.  
    Sec. 62.  Minnesota Statutes 1985 Supplement, section 
527.43, is amended to read: 
    527.43 [SAVINGS PROVISION.] 
    To the extent that sections 527.21 to 527.40, by virtue of 
section 527.42, paragraph (b), do not apply to transfers made in 
a manner prescribed in Minnesota Statutes 1984, sections 527.01 
to 527.11 or to the powers, duties, and immunities conferred by 
transfers in that manner upon custodians and persons dealing 
with custodians, the repeal of Minnesota Statutes 1984, sections 
527.01 to 527.11 does not affect those transfers or those 
powers, duties, and immunities.  
    Sec. 63.  Minnesota Statutes 1985 Supplement, section 
528.15, is amended to read: 
    528.15 [FORMS.] 
    Subdivision 1.  [SURVIVORSHIP ACCOUNT.] Deposits made using 
a form of account containing the following language signed by 
the depositor shall be conclusive evidence of the intent of the 
depositor, in the absence of fraud or misrepresentation, 
subject, nevertheless, to other disposition made by will as 
provided in section 528.05, clause (d), to establish a 
survivorship account: 
    (a) "I (we) direct that the balance remaining in this 
account shall be PAYABLE ON DEATH (of the survivor of us) to: 
     ........................     ........................
     ........................     ........................
                Signed:  .................................
                         .................................
     Dated:  .............." 
     (b) "I (we) intend and agree that the balance in this 
account, upon the death of any party to this account, shall 
belong to the surviving party, or if there are two or more 
surviving parties, they shall take as JOINT TENANTS. 
                Signed:  .................................
                         .................................
     Dated:  .............." 
    Subd. 2.  [ACCOUNT SUBJECT TO POWER OF ATTORNEY WITH NO 
SURVIVORSHIP RIGHTS.] Where no rights of survivorship are 
intended and the account is one to be established for 
convenience only between a depositor and an agent, the following 
language is recommended for use, and when so used, the account 
shall be construed as a matter of law to be an account subject 
to a power of attorney with no survivorship rights, the form to 
read as follows: 
    "I .................... (grantor of power), hereby 
constitute and appoint .................... (grantee of power), 
as my attorney in fact, to deposit or withdraw funds held in 
.................... (name of bank), in account No. ............ 
                  Signed:  ............................... 
    Dated: 
    Acknowledgment:  In the presence of ....................... 
(an authorized person), ....................... (name of 
financial institution)."  
    The power so granted is subject to the provisions of Laws 
1984, chapter 603 sections 508.72, 508A.72, and 523.01 to 523.25.
    Sec. 64.  Minnesota Statutes 1984, section 571.495, 
subdivision 2, is amended to read: 
    Subd. 2.  [CONTENTS OF DISCLOSURE.] Such disclosure shall 
state: 
    (1) The amount of disposable earnings earned or to be 
earned within the judgment debtor's pay periods which may be 
subject to garnishment and all of the garnishee's indebtedness 
to the judgment debtor. 
    (2) Whether the judgment creditor garnishee held at the 
time aforesaid the title or possession of or any interest in any 
personal property or any instruments or papers relating to any 
such property belonging to the judgment debtor or in which he is 
interested.  If he admits any such interest or any doubt 
respecting the same, he shall set forth a description of such 
property and the facts concerning the same, and the title, 
interest or claim of the judgment debtor in or to the same. 
    (3) If the garnishee claims any set-off or defense or claim 
or lien to such disposable earnings, indebtedness or property, 
he shall disclose the amount and the facts. 
    (4) Whether the judgment debtor claims any exemption from 
execution, or any other objection, known to the garnishee or the 
judgment debtor, against the right of the judgment creditor to 
apply upon his demand the debt or property disclosed. 
    (5) If other persons make claims to any disposable 
earnings, debt or property of the judgment debtor, the garnishee 
shall disclose the names and addresses of such other claimants 
and, so far as known, the nature of their claims. 
    Sec. 65.  Minnesota Statutes 1984, section 590.01, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PETITION.] Except at a time when direct 
appellate relief is available, a person convicted of a crime, 
who claims that the conviction was obtained, or that the 
sentence or other disposition made violated his rights under the 
constitution or laws of the United States or of the state, may 
commence a proceeding to secure relief by filing a petition in 
the district court in the county in which the conviction was had 
to vacate and set aside the judgment and to discharge the 
petitioner or to resentence him or grant a new trial or correct 
the sentence or make other disposition as may be appropriate.  
Nothing contained herein shall prevent the supreme court or the 
court of appeals, upon application by a party, from granting a 
stay of a case on appeal for the purpose of allowing an 
appellant to apply to the district court for an evidentiary 
hearing under the provisions of this chapter.  The proceeding 
shall conform with sections 590.01 to 590.06.  
    Sec. 66.  Minnesota Statutes 1984, section 253B.02, 
subdivision 4a, is amended to read: 
    Subd. 4a.  [CRIME AGAINST THE PERSON.] "Crime against the 
person" means a violation of or attempt to violate any of the 
following provisions:  sections 609.185; 609.19; 609.195; 
609.20; 609.205; 609.21; 609.215; 609.221; 609.222; 609.223; 
609.224; 609.23; 609.231; 609.235; 609.24; 609.245; 609.25; 
609.255; 609.265; 609.27, subdivision 1, clause (1) or (2); 
609.28 if violence or threats of violence were used; 609.322, 
subdivision 1, clause (2); 609.342; 609.343; 609.344; 609.345; 
609.3641; 609.3642; 609.3643; 609.3644; 609.365; 609.498, 
subdivision 1; 609.50, clause (1); 609.561; 609.562; and 609.595.
    Sec. 67.  Minnesota Statutes 1984, section 260.015, 
subdivision 24, is amended to read: 
    Subd. 24.  [DOMESTIC CHILD ABUSE.] "Domestic child abuse" 
means:  
    (1) any physical injury to a minor family or household 
member inflicted by an adult family or household member other 
than by accidental means; or 
    (2) subjection of a minor family or household member by an 
adult family or household member to any act which constitutes a 
violation of sections 609.321 to 609.324, 609.342, 609.343, 
609.344, 609.345, 609.364 to 609.3644, or 617.246.  
    Sec. 68.  Minnesota Statutes 1984, section 494.03, is 
amended to read: 
    494.03 [EXCLUSIONS.] 
    The guidelines shall exclude:  
    (1) any dispute involving violence against persons, 
including incidents arising out of situations that would support 
charges under sections 609.342 to 609.345, 609.3641 to 609.3644, 
or 609.365;  
    (2) any matter involving a person who has been adjudicated 
incompetent or relating to guardianship, conservatorship, or 
civil commitment;  
    (3) any matter involving neglect or dependency, or 
involving termination of parental rights arising under sections 
260.221 to 260.245; and 
    (4) any matter arising under section 626.557 or sections 
144.651 to 144.652, or any dispute subject to chapters 518, 
518A, 518B, and 518C, whether or not an action is pending.  This 
shall not restrict the present authority of the court or 
departments of the court from accepting for resolution a dispute 
arising under chapters 518, 518A, and 518C, or from referring 
disputes arising under chapters 518, and 518A to for-profit 
mediation.  
    Sec. 69.  Minnesota Statutes 1984, section 518B.01, 
subdivision 2, is amended to read: 
    Subd. 2.  [DEFINITIONS.] As used in this section, the 
following terms shall have the meanings given them:  
    (a) "Domestic abuse" means:  (i) physical harm, bodily 
injury, assault, or the infliction of fear of imminent physical 
harm, bodily injury or assault, between family or household 
members; or (ii) criminal sexual conduct, within the meaning of 
sections 609.342, 609.343, 609.344, or 609.345, committed 
against a minor family or household member by an adult family or 
household member; or (iii) intrafamilial sexual abuse, within 
the meaning of sections 609.364 to 609.3644, committed against a 
minor family or household member by an adult family or household 
member;.  
    (b) "Family or household members" means spouses, former 
spouses, parents and children, persons related by blood, and 
persons who are presently residing together or who have resided 
together in the past, and persons who have a child in common 
regardless of whether they have been married or have lived 
together at any time.  
    Sec. 70.  Minnesota Statutes 1985 Supplement, section 
609.346, subdivision 2, is amended to read: 
    Subd. 2.  [SUBSEQUENT OFFENSE; PENALTY.] If a person is 
convicted of a second or subsequent offense under sections 
609.342 to 609.345 or sections 609.364 to 609.3644 within 15 
years of the prior conviction, the court shall commit the 
defendant to the commissioner of corrections for imprisonment 
for a term of not less than three years, nor more than the 
maximum sentence provided by law for the offense for which 
convicted, notwithstanding the provisions of sections 242.19, 
243.05, 609.11, 609.12 and 609.135.  
    Sec. 71.  Minnesota Statutes 1984, section 609.346, 
subdivision 3, is amended to read: 
    Subd. 3.  [PRIOR CONVICTIONS UNDER SIMILAR STATUTES.] For 
the purposes of this section, an offense is considered a second 
or subsequent offense if, prior to conviction of the second or 
subsequent offense, the actor has been at any time convicted 
under sections 609.342 to 609.345 or sections 609.364 to 
609.3644 or under any similar statute of the United States, or 
this or any other state. 
    Sec. 72.  Minnesota Statutes 1984, section 609.347, 
subdivision 3, is amended to read:  
    Subd. 3.  In a prosecution under sections 609.342 to 
609.346 or 609.3641 to 609.365, evidence of the complainant's 
previous sexual conduct shall not be admitted nor shall any 
reference to such conduct be made in the presence of the jury, 
except by court order under the procedure provided in 
subdivision 4, and only to the extent that the court finds that 
any of the following proposed evidence is material to the fact 
at issue in the case and that its inflammatory or prejudicial 
nature does not outweigh its probative value: 
    (a) When consent or fabrication by the complainant is the 
defense in the case, evidence of such conduct tending to 
establish a common scheme or plan of similar sexual conduct 
under circumstances similar to the case at issue on the part of 
the complainant, relevant and material to the issue of consent 
or fabrication.  Evidence of such conduct engaged in more than 
one year prior to the date of alleged offense is inadmissible; 
    (b) Evidence of specific instances of sexual activity 
showing the source of semen, pregnancy, or disease at the time 
of the incident or, in the case of pregnancy, between the time 
of the incident and trial; 
    (c) Evidence of the complainant's past sexual conduct with 
the defendant; 
    (d) For purposes of impeachment, when such evidence is 
offered to rebut specific testimony of the complainant.  
    Sec. 73.  Minnesota Statutes 1985 Supplement, section 
609.3471, is amended to read: 
    609.3471 [RECORDS PERTAINING TO VICTIM IDENTITY 
CONFIDENTIAL.] 
    Notwithstanding any provision of law to the contrary, no 
data contained in records or reports relating to complaints or 
indictments issued pursuant to sections 609.342, clause (a) or 
(b); 609.343, clause (a) or (b); 609.344, clause (a) or (b); or 
609.345, clause (a) or (b); or 609.3641 to 609.3644, which 
specifically identifies the victim shall be accessible to the 
public, except by order of the court.  Nothing in this section 
authorizes denial of access to any other data contained in the 
records or reports, including the identity of the defendant. 
    Sec. 74.  Minnesota Statutes 1984, section 609.348, is 
amended to read: 
    609.348 [MEDICAL PURPOSES; EXCLUSION.] 
    Laws 1975, Chapter 374, and sections 609.364 to 609.3644 
Sections 609.341 to 609.351 shall not apply to sexual 
penetration or sexual contact when done for a bona fide medical 
purpose. 
    Sec. 75.  Minnesota Statutes 1984, section 609.35, is 
amended to read: 
    609.35 [COSTS OF MEDICAL EXAMINATION.] 
    No costs incurred by a county, city, or private hospital or 
other emergency medical facility or by a private physician for 
the examination of a complainant of criminal sexual conduct or 
intrafamilial sexual abuse, as defined in section 609.364, 
subdivision 10, when the examination is performed for the 
purpose of gathering evidence for possible prosecution, shall be 
charged directly or indirectly to the complainant.  The 
reasonable costs of the examination shall be paid by the county 
in which the alleged offense was committed.  Nothing in this 
section shall be construed to limit the duties, 
responsibilities, or liabilities of any insurer, whether public 
or private. 
    Sec. 76.  Minnesota Statutes 1984, section 611A.03, 
subdivision 3, is amended to read: 
    Subd. 3.  [APPLICABILITY.] The provisions of this section 
apply to crimes which are violations of sections 609.185, 
609.19, 609.195, 609.20, 609.205, 609.221, 609.222, 609.223, 
609.224, 609.24, 609.245, 609.25, 609.255, 609.342, 609.343, 
609.344, 609.345, 609.3641, 609.3642, 609.3643, 609.3644, 
609.365, 609.498, 609.561, 609.58, clauses (1)(b) and (2), and 
609.687.  
    Sec. 77.  Minnesota Statutes 1985 Supplement, section 
626.556, subdivision 2, is amended to read: 
    Subd. 2.  [DEFINITIONS.] As used in this section, the 
following terms have the meanings given them unless the specific 
content indicates otherwise: 
    (a) "Sexual abuse" means the subjection by a person 
responsible for the child's care, or by a person in a position 
of authority, as defined in section 609.341, subdivision 10, to 
any act which constitutes a violation of section 609.342, 
609.343, 609.344, or 609.345, or sections 609.364 to 609.3644.  
Sexual abuse also includes any act which involves a minor which 
constitutes a violation of sections 609.321 to 609.324 or 
617.246.  
    (b) "Person responsible for the child's care" means (1) an 
individual functioning within the family unit and having 
responsibilities for the care of the child such as a parent, 
guardian, or other person having similar care responsibilities, 
or (2) an individual functioning outside the family unit and 
having responsibilities for the care of the child such as a 
teacher, school administrator, or other lawful custodian of a 
child having either full-time or short-term care 
responsibilities including, but not limited to, day care, baby 
sitting whether paid or unpaid, counseling, teaching, and 
coaching.  
    (c) "Neglect" means failure by a person responsible for a 
child's care to supply a child with necessary food, clothing, 
shelter or medical care when reasonably able to do so or failure 
to protect a child from conditions or actions which imminently 
and seriously endanger the child's physical or mental health 
when reasonably able to do so.  Nothing in this section shall be 
construed to (1) mean that a child is neglected solely because 
the child's parent, guardian or other person responsible for his 
care in good faith selects and depends upon spiritual means or 
prayer for treatment or care of disease or remedial care of the 
child, or (2) impose upon persons, not otherwise legally 
responsible for providing a child with necessary food, clothing, 
shelter or medical care, a duty to provide that care.  Neglect 
also means "medical neglect" as defined in section 260.015, 
subdivision 10, clause (e). 
     (d) "Physical abuse" means any physical injury inflicted by 
a person responsible for the child's care on a child other than 
by accidental means, or any physical injury that cannot 
reasonably be explained by the child's history of injuries.  
     (e) "Report" means any report received by the local welfare 
agency, police department or county sheriff pursuant to this 
section. 
     (f) "Facility" means a day care facility, residential 
facility, agency, hospital, sanitorium, or other facility or 
institution required to be licensed pursuant to sections 144.50 
to 144.58, 241.021, or 245.781 to 245.812.  
    (g) "Operator" means an operator or agency as defined in 
section 245.782.  
    (h) "Commissioner" means the commissioner of human services.
    (i) "Assessment" includes authority to interview the child, 
the person or persons responsible for the child's care, the 
alleged perpetrator, and any other person with knowledge of the 
abuse or neglect for the purpose of gathering the facts, 
assessing the risk to the child, and formulating a plan.  
    (j) "Practice of social services," for the purposes of 
subdivision 3, includes but is not limited to employee 
assistance counseling.  
    Sec. 78.  Minnesota Statutes 1984, section 628.26, is 
amended to read: 
    628.26 [LIMITATIONS.] 
    (a) Indictments or complaints for murder may be found or 
made at any time after the death of the person killed.  
    (b) Indictments or complaints for violation of section 
609.42, subdivision 1, clauses (1) or (2) shall be found or made 
and filed in the proper court within six years after the 
commission of the offense.  
    (c) Indictments or complaints for violation of sections 
609.3641 to 609.3644, or for violation of sections 609.342 to 
609.345 if the victim was under the age of 18 years at the time 
the offense was committed, shall be found or made and filed in 
the proper court within seven years after the commission of the 
offense.  
    (d) Indictments or complaints for violation of sections 
609.466 and 609.52, subdivision 2, clause (3)(d) shall be found 
or made and filed in the proper court within six years after the 
commission of the offense. 
    (e) In all other cases, indictments or complaints shall be 
found or made and filed in the proper court within three years 
after the commission of the offense; but the time during which 
the defendant shall not be an inhabitant of, or usually resident 
within, this state, shall not constitute any part of the 
limitations imposed by this section. 
    Sec. 79.  Minnesota Statutes 1985 Supplement, section 
631.045, is amended to read: 
    631.045 [EXCLUDING SPECTATORS FROM THE COURTROOM.] 
    At the trial of a complaint or indictment for a violation 
of sections 609.341 to 609.3644 609.36, or 617.246, subdivision 
2, when a minor under 18 years of age is the person upon, with, 
or against whom the crime is alleged to have been committed, the 
judge may exclude the public from the courtroom during the 
victim's testimony or during all or part of the remainder of the 
trial upon a showing that closure is necessary to protect a 
witness or ensure fairness in the trial.  The judge shall give 
the prosecutor, defendant and members of the public the 
opportunity to object to the closure before a closure order.  
The judge shall specify the reasons for closure in an order 
closing all or part of the trial.  Upon closure the judge shall 
only admit persons who have a direct interest in the case.  
    Sec. 80.  Minnesota Statutes 1985 Supplement, section 
609.344, subdivision 1, is amended to read: 
    Subdivision 1.  [CRIME DEFINED.] A person is guilty of 
criminal sexual conduct in the third degree if he engages in 
sexual penetration with another person and any of the following 
circumstances exists:  
    (a) the complainant is under 13 years of age and the actor 
is no more than 36 months older than the complainant.  Neither 
mistake as to the complainant's age nor consent to the act by 
the complainant shall be a defense;  
    (b) the complainant is at least 13 but less than 16 years 
of age and the actor is more than 24 months older than the 
complainant.  In any such case it shall be an affirmative 
defense, which must be proved by a preponderance of the 
evidence, that the actor believes the complainant to be 16 years 
of age or older.  If the actor in such a case is no more than 48 
months but more than 24 months older than the complainant, he 
may be sentenced to imprisonment for not more than five years.  
Consent by the complainant is not a defense;  
    (c) the actor uses force or coercion to accomplish the 
penetration;  
    (d) the actor knows or has reason to know that the 
complainant is mentally impaired, mentally incapacitated, or 
physically helpless;  
    (e) the complainant is at least 16 but less than 18 years 
of age and the actor is more than 48 months older than the 
complainant and in a position of authority over the complainant, 
and uses this authority to cause the complainant to submit. 
Neither mistake as to the complainant's age nor consent to the 
act by the complainant is a defense;  
    (f) the actor has a significant relationship to the 
complainant and the complainant was at least 16 but under 18 
years of age at the time of the sexual penetration.  Neither 
mistake as to the complainant's age nor consent to the act by 
the complainant is a defense; or 
    (g) the actor has a significant relationship to the 
complainant, the complainant was at least 16 but under 18 years 
of age at the time of the sexual penetration, and: 
    (i) the actor or an accomplice used force or coercion to 
accomplish the penetration;  
    (ii) the actor or an accomplice was armed with a dangerous 
weapon or any article used or fashioned in a manner to lead the 
complainant to reasonably believe it could be a dangerous weapon 
and used or threatened to use the dangerous weapon;  
    (iii) circumstances existed at the time of the act to cause 
the complainant to have a reasonable fear of imminent great 
bodily harm to the complainant or another;  
    (iv) the complainant suffered personal injury; or 
    (v) the sexual abuse involved multiple acts committed over 
an extended period of time.  
    Neither mistake as to the complainant's age nor consent to 
the act by the complainant is a defense; 
    (h) the actor is a psychotherapist and the complainant is a 
patient of the psychotherapist and the sexual penetration 
occurred during the psychotherapy session.  Consent by the 
complainant is not a defense; 
    (i) the actor is a psychotherapist and the complainant is a 
patient or former patient of the psychotherapist and the patient 
or former patient is emotionally dependent upon the 
psychotherapist; or 
    (j) the actor is a psychotherapist and the complainant is a 
patient or former patient and the sexual penetration occurred by 
means of therapeutic deception.  Consent by the complainant is 
not a defense. 
    Neither mistake as to the complainant's age nor consent to 
the act by the complainant is a defense. 
    Sec. 81.  Minnesota Statutes 1985 Supplement, section 
609.345, subdivision 1, is amended to read:  
    Subdivision 1.  [CRIME DEFINED.] A person is guilty of 
criminal sexual conduct in the fourth degree if he engages in 
sexual contact with another person and if any of the following 
circumstances exists: 
    (a) the complainant is under 13 years of age and the actor 
is no more than 36 months older than the complainant.  Neither 
mistake as to the complainant's age or consent to the act by the 
complainant is a defense.  In a prosecution under this clause, 
the state is not required to prove that the sexual contact was 
coerced;  
     (b) the complainant is at least 13 but less than 16 years 
of age and the actor is more than 48 months older than the 
complainant or in a position of authority over the complainant 
and uses this authority to cause the complainant to submit.  In 
any such case, it shall be an affirmative defense which must be 
proved by a preponderance of the evidence that the actor 
believes the complainant to be 16 years of age or older;  
     (c) the actor uses force or coercion to accomplish the 
sexual contact;  
     (d) the actor knows or has reason to know that the 
complainant is mentally impaired, mentally incapacitated, or 
physically helpless;  
     (e) the complainant is at least 16 but less than 18 years 
of age and the actor is more than 48 months older than the 
complainant and in a position of authority over the complainant, 
and uses this authority to cause the complainant to submit.  
Neither mistake as to the complainant's age nor consent to the 
act by the complainant is a defense;  
    (f) the actor has a significant relationship to the 
complainant and the complainant was at least 16 but under 18 
years of age at the time of the sexual contact.  Neither mistake 
as to the complainant's age nor consent to the act by the 
complainant is a defense; or 
    (g) the actor has a significant relationship to the 
complainant, the complainant was at least 16 but under 18 years 
of age at the time of the sexual contact, and: 
    (i) the actor or an accomplice used force or coercion to 
accomplish the contact;  
    (ii) the actor or an accomplice was armed with a dangerous 
weapon or any article used or fashioned in a manner to lead the 
complainant to reasonably believe it could be a dangerous weapon 
and used or threatened to use the dangerous weapon;  
    (iii) circumstances existed at the time of the act to cause 
the complainant to have a reasonable fear of imminent great 
bodily harm to the complainant or another;  
    (iv) the complainant suffered personal injury; or 
    (v) the sexual abuse involved multiple acts committed over 
an extended period of time.  
     Neither mistake as to the complainant's age nor consent to 
the act by the complainant is a defense; 
    (h) the actor is a psychotherapist and the complainant is a 
patient of the psychotherapist and the sexual contact occurred 
during the psychotherapy session.  Consent by the complainant is 
not a defense; 
    (i) the actor is a psychotherapist and the complainant is a 
patient or former patient of the psychotherapist and the patient 
or former patient is emotionally dependent upon the 
psychotherapist; or 
    (j) the actor is a psychotherapist and the complainant is a 
patient or former patient and the sexual contact occurred by 
means of therapeutic deception.  Consent by the complainant is 
not a defense.  
    Neither mistake as to the complainant's age nor consent to 
the act by the complainant is a defense. 
    Sec. 82.  Except in sections 485.01 and 487.10, the revisor 
of statutes shall substitute the terms "court administrator" or 
"administrator" as appropriate for the terms "clerk of the 
district court" or "clerk of county court" or "clerk of 
municipal court" or "clerk of court" or "clerk" whenever that 
term appears in Minnesota Statutes in reference to the clerk of 
district court, clerk of county court or clerk of municipal 
court.  
    Sec. 83.  Laws 1984, chapter 560, section 24, is repealed.  
    Sec. 84.  [GRAY BALLOTS.] 
    If the number of offices to be voted on exceeds the number 
that can be accommodated on the voting machine, all the 
municipal judicial offices to be voted on must be placed on a 
single separate paper ballot prepared according to law.  The 
separate paper ballot must be headed "Judicial Municipal 
Nonpartisan General Election Ballot" and printed on gray paper.  
Gray ballots must be distributed to voters, handled, counted, 
and canvassed in the manner provided by law for precincts using 
only paper ballots, so far as is practicable.  The canvass of 
the gray paper ballots must not delay the canvass of votes 
recorded on the voting machines.  A separate summary statement 
may be provided for reporting of the canvass of the gray paper 
ballots.  The returns from the voting machines may be filed as 
provided in sections 206.75 and 206.77 before the canvass of the 
gray paper ballots is completed.  Additional or replacement 
election judges may be appointed to count the gray paper ballots.
    Sec. 85.  Laws 1985, chapter 248, sections 28 and 29, are 
repealed.  
    Sec. 86.  Laws 1985, chapter 252, section 24, is repealed.  
    Sec. 87.  Laws 1985, First Special Session chapter 9, 
article 2, section 89, is repealed.  
    Sec. 88.  Laws 1985, First Special Session chapter 14, 
article 3, section 13, is repealed. 
    Sec. 89.  Laws 1985, First Special Session chapter 14, 
article 4, section 37, is repealed. 
    Sec. 90.  Laws 1985, First Special Session chapter 14, 
article 4, section 91, is repealed. 

                               ARTICLE 2 

                       MISCELLANEOUS CORRECTIONS 
    Section 1.  [EFFECT OF AMENDMENTS AND REPEALS.] 
    Subdivision 1.  [CONFLICTS; PREVAILING LAW.] Regardless of 
the order of final enactment of this article and the acts it 
amends, the amendments or repeals in this article shall be given 
effect.  Notwithstanding Minnesota Statutes, sections 645.26, 
subdivision 3, 645.33, or other law, an amendment in this 
article shall prevail over any other act amending the same 
provisions of law in an irreconcilable manner.  
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective the 
day following its final enactment. 
    Sec. 2.  [CORRECTION.] Subdivision 1.  [OMITTED LANGUAGE.] 
Laws 1986, chapter 394, section 10, subdivision 6, is amended to 
read: 
    Subd. 6.  [PILOT PROJECTS.] The commissioner may transfer 
funds for chemical dependency services from the general fund 
appropriations for the general assistance, general assistance 
medical care, and medical assistance programs for pilot projects 
to design and test procedures needed to implement this 
legislation.  The commissioner shall exempt funds from these 
sources that are used in pilot projects from relevant provisions 
of state laws and rules governing the use of these funds.  The 
commissioner may make grants and contracts for this purpose, and 
the provisions of chapter 14 shall not apply to the procedures 
and criteria used to implement pilot projects.  The commissioner 
shall submit a detailed plan of the proposed pilot project to 
the chair of the health and human services subcommittees of the 
senate finance committee and the chair of the human services 
division of the house appropriations committee for review prior 
to the implementation of the pilot project. 
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective 
March 22, 1986. 
    Sec. 3.  [CORRECTION; OMITTED LOCAL APPROVAL PROVISION.] 
Laws 1986, chapter 424, section 3, is effective the day after 
compliance with Minnesota Statutes, section 645.021, subdivision 
3, by the Anoka county board. 
    Sec. 4.  [CORRECTION; INCORRECT REFERENCE.] Laws 1986, 
chapter 460, section 48, is amended to read:  
    Sec. 48.  [473.637] [AIRCRAFT NOISE ZONES.] 
    Within 120 days after the selection and approval of a site 
for a new major airport in the metropolitan area, the 
metropolitan council shall determine the probable levels of 
noise that will result in various parts of the metropolitan area 
from the operation of aircraft using the site, shall establish 
aircraft noise zones based on that determination and applicable 
to property affected by the noise, and shall establish 
acceptable levels of perceived noise decibels for each land use, 
using the composite noise rating method and tables or the noise 
exposure forecast method and tables.  Each government unit 
having power to adopt land use and development control measures 
applicable to property included in any aircraft noise zone shall 
adopt or incorporate in existing land use and development 
control measures the applicable acceptable level of perceived 
noise decibels established by the council, and shall adopt 
whatever other control measures may be necessary to prevent the 
use, construction, or improvement of property and buildings 
subject to a level of perceived noise decibels in excess of the 
acceptable level established for that land use.  The council 
shall mail a map showing the aircraft noise zones and a copy of 
the applicable acceptable levels of perceived noise decibels to 
the governing body of each government unit having authority to 
adopt land use and development control measures applicable to 
property in each aircraft noise zone, to the metropolitan 
airports commission, and to the state commissioner of 
transportation.  The control measures adopted by a government 
unit to comply with this section must be submitted to and 
approved by the council and placed into effect by the government 
unit as provided in section 473.215 47, subdivision 2.  The 
council may change the aircraft noise zones and the applicable 
acceptable levels of perceived noise decibels to conform with 
the actual levels of noise produced by aircraft using the 
airport site when it is in operation, and may require changes in 
control measures applicable to airport noise zones to conform 
with changes made by it.  No property may be used, and no 
building or other structure may be constructed or improved, 
within any aircraft noise zone if persons using the property and 
buildings would be subjected to a level of perceived noise 
decibels in excess of the acceptable level established by the 
council for that land use.  
    Sec. 5.  [CORRECTION; INCORRECT REFERENCES.] Laws 1986, 
chapter 460, section 49, is amended to read:  
    Sec. 49.  [473.638] [CONTROL MEASURE INVOLVING TAKING; 
CONDEMNATION BY METROPOLITAN AIRPORTS COMMISSION.] 
    Subdivision 1.  [EMINENT DOMAIN.] If either the provisions 
or the application of section 473.215 47, subdivision 2, or any 
land use and development control measure applicable to public or 
private property in an airport development area is determined by 
a court of competent jurisdiction to constitute a taking, the 
metropolitan airports commission in the exercise of its power to 
acquire lands for the airport has the power to acquire the 
property or any similar property, or an interest in it, to the 
extent needed for the application of the measure, by eminent 
domain exercised in accordance with chapter 117.  The right of 
eminent domain must be exercised if the commission has or will 
have funds to pay the condemnation award and the council 
determines that it is necessary to protect the airport from 
encroachment or hazards, to protect residents in the area, to 
encourage the most appropriate use of property in the airport 
development area, or to protect and conserve the natural 
resources of the metropolitan area.  
    Subd. 2.  [RETENTION OR SALE OF PROPERTY.] The commission 
may retain any property now owned by it or acquired under 
subdivision 1 and use it for a lawful purpose, or it may provide 
for the sale or other disposition of the property in accordance 
with a redevelopment plan in the same manner and upon the same 
terms as the housing and redevelopment authority and governing 
body of a municipality under the provisions of section 462.525, 
all subject to the provisions of section 473.215 47, subdivision 
2, or to existing land use and development control measures 
approved by the council.  
    Subd. 3.  [SHARING OF COSTS.] The metropolitan airports 
commission and any other government unit in the metropolitan 
area may enter into an agreement under which the cost of 
acquiring a property and the proceeds from the sale or other 
disposition of it under subdivision 2 are to be shared by the 
commission and such government unit.  The commission, the 
metropolitan council, or any government unit may also enter into 
any agreements with the United States or the state of Minnesota, 
or any agency or subdivision of either, and do all acts and 
things required by state or federal law or rules as a condition 
or consideration for the loan or grant of funds or property for 
the purpose of land acquisition or improvement under 
subdivisions 1 and 2.  
    Sec. 6.  [CORRECTION; INCORRECT REFERENCES.] Laws 1986, 
chapter 460, section 50, is amended to read:  
    Sec. 50.  [473.639] [RELATION TO AIRPORT HAZARD ZONING.] 
    Sections 473.215 47 and 473.216 48 and any criteria, 
guidelines, or land use and development control measure approved 
by the council under those sections in no way supersede or limit 
the powers conferred on a municipality to do airport hazard 
zoning, or the commissioner of transportation by sections 
360.061 to 360.073.  Any criteria, guidelines, or land use and 
development control measure approved by the council under 
section 473.215 47 or 473.216 48 must be consistent with any 
exercise of powers by the commissioner under sections 360.061 to 
360.093. 
    Sec. 7.  [CORRECTION; REFERENCE OMITTED.] Laws 1986, 
chapter 417, section 1, is amended to read: 
    Section 1.  [LAND EXCHANGE AUTHORIZED.] 
    Notwithstanding Minnesota Statutes, section 94.343, 
subdivision 9 and the appraisal requirement under section 
94.343, subdivision 3, the state of Minnesota may exchange 
certain parcels or tracts of state-owned land located within 
Carlton county with the city of Thomson.  
    (a) State lands to be exchanged are described as: 
    (1) All of the unplatted portion of Government Lot 1 lying 
northerly and easterly of that strip of land deeded to the 
Village of Thomson by the Northern Pacific Railway Company, 
November 18, 1940, and recorded February 5, 1941, as document 
#101684 and on May 13, 1938, and recorded May 21, 1938, as 
document #96017; southerly of the former Burlington Northern, 
Inc.'s St. Paul to Duluth Branch right-of-way and easterly of 
the right-of-way of Minnesota Highway 210, in section 8, 
Township 48N, Range 16W. 
    (2) Lots 1 to 16, both inclusive, and Lot 21 of Block 5 and 
Lots 3, 4, 8 and 9 of Block 4 in the Townsite of Thomson, 
according to the plat thereof on file in the Office of the 
Recorder of Deeds of Carlton County, Minnesota. 
    (3) Those portions of Lots 17 to 20, both inclusive, 22 and 
23 in Block 5 in the Townsite of Thomson, lying southerly of a 
line 75 feet northerly at right angles and parallel with the 
centerline of former Burlington Northern, Inc.'s St. Paul to 
Duluth Branch main line railroad track. 
    (4) That portion of a 20 foot wide north and south alley 
between Block 5 and Block 4 in the Townsite of Thomson that lies 
southerly of a line 75 feet northerly at right angles and 
parallel with the centerline of former Burlington Northern, 
Inc.'s St. Paul to Duluth Branch main line railroad track and 
northerly of the easterly projection of the southerly line of 
Lot 8 of Block 4 in the Townsite of Thomson. 
    (5) The South 85 feet of Lots 24 to 46, both inclusive, of 
Block 5, in the Townsite of Thomson. 
    (6) The North Half (N 1/2) of vacated Otter Avenue lying 
between the Southerly extension of the East and West lines of 
said Block 5, in the Townsite of Thomson. 
    (b) City lands to be exchanged are described as: 
    (1) A strip of land two hundred (200) feet wide in 
Government Lot One (1), Section eight (8), Township forty-eight 
(48) North, Range sixteen (16) West, 4th P.M., said strip being 
one hundred (100) feet wide on each side of the centerline of 
the original main track of the Lake Superior and Mississippi 
Railroad Company Fond Du Lac Branch as formerly constructed but 
now removed, and extending from the east line of said Government 
Lot one (1) to a westerly production of the north line of Block 
one (1) Original Town of Thomson, according to the recorded plat 
thereof. 
    (2) A strip of land fifty (50) feet wide on the 
northeasterly side of and adjoining the two hundred (200) foot 
strip above described, extending from a westerly production of 
the north line of said Block one (1) to a line drawn at right 
angles to the northeasterly line of the two hundred (200) foot 
strip above described from a point therein distant two hundred 
thirty-five (235) feet northwesterly, measured along said 
northeasterly line, from the east line of said Government Lot 
one (1). 
    (3) A strip of land 250 feet wide in Government Lot 1, said 
strip lying between two lines drawn parallel with and distant 
150 feet northeasterly and 100 feet southwesterly, measured at 
right angles, from the centerline of the original main tract of 
the Lake Superior and Mississippi Railroad Company Fond Du Lac 
Branch as formerly constructed but now removed, and extending 
from a line drawn parallel with and distant 100 feet southerly, 
measured at right angles, from the centerline of the main track 
of the Northern Pacific Railway Company's St. Paul to Duluth 
Line as now constructed and operated to a westerly projection of 
the north line of Block 1, Original Town of Thomson, according 
to the recorded plat thereof. 
    Sec. 8.  [CORRECTION.] Subdivision 1.  [INCORRECT 
REFERENCE.] Laws 1986, chapter 383, section 17, subdivision 5, 
is amended to read: 
    Subd. 5.  [CRITICAL HABITAT PRIVATE SECTOR MATCHING 
ACCOUNT.] $2,500,000 is appropriated from the bond proceeds 
account of the reinvest in Minnesota resources fund for transfer 
to the critical habitat private sector matching account 
established under section 10 9. 
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective the 
day after final enactment. 
    Sec. 9.  [CORRECTION.] Subdivision 1.  [REFERENCE 
CORRECTION.] Laws 1986, chapter 456, section 1, subdivision 2, 
is amended to read: 
    Subd. 2.  [DISCLOSURE OF INFORMATION.] The commissioner may 
disclose to individuals or to the community, information 
including data made nonpublic by law, relating to the hazardous 
properties and health hazards of hazardous substances released 
from a workplace if the commissioner finds: 
    (1) evidence that a person requesting the information may 
have suffered or is likely to suffer illness or injury from 
exposure to a hazardous substance; or 
    (2) evidence of a community health risk and if the 
commissioner seeks to have the employer cease an activity which 
results in release of a hazardous substance.  
    Nonpublic data obtained under subdivision 1 is subject to 
handling, use, and storage according to established standards to 
prevent unauthorized use or disclosure.  If the nonpublic data 
is required for the diagnosis, treatment, or prevention of 
illness or injury, a personal physician may be provided with 
this information if the physician agrees to preserve the 
confidentiality of the information, except for patient health 
records subject to section 144.355 144.335.  After the 
disclosure of any hazardous substance information relating to a 
particular workplace, the commissioner shall advise the employer 
of the information disclosed, the date of the disclosure, and 
the person who received the information. 
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective July 
1, 1987. 
    Sec. 10.  [CORRECTION.] Subdivision 1.  [REPEALER AND 
REENACTMENT.] Laws 1986, chapter 460, section 59, is amended to 
read: 
    Sec. 59.  [REPEALER.] 
    Minnesota Statutes 1984, sections 473.01; 473.02; 473.03; 
473.04; 473.05; 473.06; 473.07; 473.08; 473.09; 473.10; 473.11; 
473.121, subdivisions 7 and 9; 473.128; 473.163, subdivisions 3 
and 4; 473.193; 473.203; 473.215; 473.216; 473.217; 473.218; 
473.219; 473.373, subdivision 3; 473.377, subdivisions 2 and 3; 
473.38, subdivision 1; 473.502; 473.523, subdivision 3; and 
473.802 are repealed. 
    Subd. 2.  [REENACTMENT.] Minnesota Statutes 1984, section 
473.38, subdivision 1, is reenacted. 
    Subd. 3.  [EFFECTIVE DATE.] Subdivisions 1 and 2 are 
effective the day after final enactment. 
    Sec. 11.  [CORRECTION; OMITTED LANGUAGE.] Minnesota 
Statutes 1985 Supplement, section 168.013, subdivision 1e, as 
amended by Laws 1986, chapter 398, article 13, section 1, is 
amended to read: 
    Subd. 1e.  [TRUCKS; TRACTORS; COMBINATIONS; EXCEPTIONS.] On 
trucks and tractors except those in this chapter defined as farm 
trucks, on truck-tractor and semitrailer combinations except 
those defined as farm combinations, and on commercial zone 
vehicles, the tax based on total gross weight shall be graduated 
according to the Minnesota base rate schedule prescribed in this 
subdivision, but in no event less than $120. 

                      Minnesota Base Rate Schedule 
          Scheduled taxes include five percent
          surtax provided for in subdivision 14
          TOTAL GROSS WEIGHT
              IN POUNDS                    TAX
          A       0 -  1,500             $  15
          B   1,501 -  3,000                20
          C   3,001 -  4,500                25
          D   4,501 -  6,000                35
          E   6,001 -  9,000                45
          F   9,001 - 12,000                70
          G  12,001 - 15,000               105
          H  15,001 - 18,000               145
          I  18,001 - 21,000               190
          J  21,001 - 26,000               270
          K  26,001 - 33,000               360
          L  33,001 - 39,000               475
          M  39,001 - 45,000               595
          N  45,001 - 51,000               715
          O  51,001 - 57,000               865
          P  57,001 - 63,000              1015
          Q  63,001 - 69,000              1185
          R  69,001 - 73,280              1325
          S  73,281 - 78,000              1595
          T  78,001 - 81,000              1760
    For purposes of the Minnesota base rate schedule, for 
vehicles with six or more axles in the "S" and "T" categories, 
the base rates are $1,520 and $1,620 respectively. 
    For each vehicle with a gross weight in excess of 81,000 
pounds an additional tax of $50 is imposed for each ton or 
fraction thereof in excess of 81,000 pounds, subject to 
subdivision 12. 
    Truck-tractors except those herein defined as farm and 
commercial zone vehicles shall be taxed in accord with the 
foregoing gross weight tax schedule on the basis of the combined 
gross weight of the truck-tractor and any semitrailer or 
semitrailers which the applicant proposes to combine with the 
truck-tractor.  
    Commercial zone trucks include only trucks, truck-tractors, 
and semitrailer combinations which are: 
    (1) used by an authorized local cartage carrier operating 
under a permit issued under section 221.296 and whose gross 
transportation revenue consists of at least 60 percent obtained 
solely from local cartage carriage, and are operated solely 
within an area composed of two contiguous cities of the first 
class and municipalities contiguous thereto as defined by 
section 221.011, subdivision 17; or, 
      (2) operated by an interstate carrier registered under 
section 221.60, or by an authorized local cartage carrier or 
other carrier receiving operating authority under chapter 221, 
and operated solely within a zone exempt from regulation by the 
interstate commerce commission pursuant to United States Code, 
title 49, section 10526(b). 
       The license plates issued for commercial zone vehicles 
shall be plainly marked.  A person operating a commercial zone 
vehicle outside the zone or area in which its operation is 
authorized is guilty of a misdemeanor and, in addition to the 
penalty therefor, shall have the registration of the vehicle as 
a commercial zone vehicle revoked by the registrar and shall be 
required to reregister the vehicle at 100 percent of the full 
annual tax prescribed in the Minnesota base rate schedule, and 
no part of this tax shall be refunded during the balance of the 
registration year. 
       On commercial zone trucks the tax shall be based on the 
total gross weight of the vehicle and during the first eight 
years of vehicle life shall be 75 percent of the Minnesota base 
rate schedule.  During the ninth and succeeding years of vehicle 
life the tax shall be 50 percent of the Minnesota base rate 
schedule, except as otherwise provided in this subdivision.  On 
commercial zone trucks, during the ninth and succeeding years of 
vehicle life, the tax shall be 50 percent of the tax imposed in 
the Minnesota base rate schedule. 
    On trucks, truck-tractors and semitrailer combinations, 
except those defined as farm trucks and farm combinations, and 
except for those urban trucks and combinations and commercial 
zone vehicles specifically provided for in this subdivision, the 
tax for the first eight years of vehicle life shall be 100 
percent of the tax imposed in the Minnesota base rate schedule, 
and during the ninth and succeeding years of vehicle life, the 
tax shall be 75 percent of the Minnesota base rate prescribed by 
this subdivision, except as otherwise provided in this 
subdivision. 
    On trucks, truck-tractors and semitrailer combinations, 
except those defined as farm trucks and farm combinations, and 
except for those commercial zone vehicles specifically provided 
for in this subdivision, during each of the first eight years of 
vehicle life the tax shall be 100 percent of the tax imposed in 
the Minnesota base rate schedule. 
    Sec. 12.  [CORRECTION.] Minnesota Statutes 1984, section 
169.045, subdivision 7, as amended by Laws 1986, chapter 452, 
section 19, is amended to read: 
    Subd. 7.  [NONAPPLICATION OF CERTAIN LAWS.] The provisions 
of chapter 171, are not applicable to persons operating 
motorized golf carts or four-wheel all-terrain vehicles under 
permit on designated roadways pursuant to this section.  Except 
for the requirements of section 169.70, the provisions of this 
chapter relating to equipment on vehicles is not applicable to 
motorized golf carts or four-wheel all-terrain vehicles 
operating, under permit, on designated roadways.  
    For purposes of the Minnesota base rate schedule, for 
vehicles with six or more axles in the "S" and "T" categories, 
the base rates are $1,520 and $1,620 respectively. 
    Sec. 13.  [CORRECTION.] Subdivision 1.  [DRAFTING ERROR.] 
Laws 1986, chapter 398, article 1, section 11, subdivision 5, is 
amended to read: 
    Subd. 5.  [EFFECT OF MEDIATION MEETING NOTICE.] (a) Except 
as provided in paragraph (b), if a creditor receives a mediation 
meeting notice under subdivision 4 the creditor and the 
creditor's successors in interest may not continue proceedings 
to enforce a debt against agricultural property of the debtor 
under chapter 580 or 581 or sections 336.9-501 to 336.9-508, to 
terminate a contract for deed to purchase agricultural property 
under section 559.21, or to garnish, levy on, execute on, seize, 
or attach agricultural property.  Time periods under and 
affecting those procedures stop running until (1) 90 days after 
the conclusion initiation of mediation, or (2) a mediation 
agreement is reached. 
    (b) If a creditor is an agency of the United States and 
receives a mediation meeting notice under subdivision 4, the 
creditor and the creditor's successors in interest may not 
continue proceedings to enforce a debt against agricultural 
property of the debtor under chapter 580 or 581 or sections 
336.9-501 to 336.9-508, to terminate a contract for deed to 
purchase agricultural property under section 559.21, or to 
garnish, levy on, execute on, seize, or attach agricultural 
property.  Time periods under and affecting those procedures 
stop running until (1) 180 days after the conclusion initiation 
of mediation, or (2) a mediation agreement is reached. 
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective the 
day after final enactment. 
    Sec. 14.  [CORRECTION.] Subdivision 1.  [INCORRECT 
REFERENCE.] Minnesota Statutes 1984, section 349.212, 
subdivision 4, as amended by Laws 1986, chapter 467, section 23, 
subdivision 4, is amended to read: 
    Subd. 4.  [PULL-TAB TAX.] There is imposed a tax on the 
sale of each deal of pull-tabs sold by a licensed distributor to 
a licensed organization, or to an organization holding an 
exemption identification number.  The rate of the tax is ten 
percent of the face resale value of all the pull-tabs in each 
deal less the total prizes which may be paid out on all the 
pull-tabs in that deal.  The tax is payable to the commissioner 
of revenue in the manner prescribed in section 24 and the rules 
of the commissioner.  The commissioner shall pay the proceeds of 
the tax to the state treasurer for deposit in the general fund.  
The sales tax imposed by chapter 297A on the sale of the 
pull-tabs by the licensed distributor to an organization is 
imposed on the retail sales price less the tax imposed by this 
subdivision.  The retail sale of pull-tabs by the organization 
is exempt from taxes imposed by chapter 297A if the tax imposed 
by this subdivision has been paid and is exempt from all local 
taxes and license fees except a fee authorized under section 
349.213, subdivision 3 349.16, subdivision 4. 
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective 
January 1, 1987. 
    Sec. 15.  [CORRECTION.] Subdivision 1.  [INCORRECT 
REFERENCE.] Minnesota Statutes 1985 Supplement, section 349.212, 
subdivision 1, as amended by Laws 1986, chapter 467, section 22, 
is amended to read: 
    Subdivision 1.  [RATE.] There is hereby imposed a tax on 
all lawful gambling, other than pull-tabs, conducted by 
organizations licensed by the board at the rate specified in 
this subdivision.  The tax imposed by this subdivision is in 
lieu of the tax imposed by section 297A.02 and all local taxes 
and license fees except a fee authorized under section 349.213, 
subdivision 3 349.16, subdivision 4. 
    On all lawful gambling, other than pull-tabs, the tax is 
ten percent of the gross receipts of a licensed organization 
from lawful gambling less prizes actually paid out, payable by 
the organization. 
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective 
January 1, 1987. 
    Sec. 16.  [CORRECTION.] Subdivision 1.  Minnesota Statutes 
1984, section 349.15, as amended by Laws 1986, chapter 467, 
section 7, is amended to read: 
    349.15 [USE OF PROFITS.] 
    Profits from lawful gambling may be expended only for 
lawful purposes or expenses as authorized at a regular meeting 
of the conducting organization.  Provided that no more than 50 
percent of gross receipts profits from bingo, and no more than 
40 percent for other forms of lawful gambling, may be expended 
for necessary expenses related to lawful gambling.  The board 
shall provide by rule for the administration of this section, 
including specifying allowable expenses.  The rules may provide 
a maximum percentage of gross receipts which may be expended for 
certain expenses.  
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective June 
1, 1986. 
    Sec. 17.  [CORRECTION.] Subdivision 1.  Laws 1986, chapter 
467, section 24, subdivision 3, is amended to read: 
    Subd. 3.  [SUSPENSION, REVOCATION.] The commissioner, after 
notice and hearing, may for reasonable cause revoke or suspend a 
permit held by a distributor.  A notice must be sent to the 
distributor at least 30 days before the hearing and give notice 
of the time and place of the hearing, must give the reason for 
the proposed suspension or revocation, and must require the 
distributor show cause why the proposed action should not be 
taken.  The notice may be served personally or by mail in the 
manner prescribed for service of notice of a deficiency.  The 
commissioner may not issue a new permit after revocation except 
upon application accompanied by reasonable evidence of the 
intention of the applicant to comply with all applicable laws 
and rules.  The commissioner may condition the issuance of a new 
permit to the applicant on the supplying of security in addition 
to that authorized by subdivision 2 as is reasonably necessary 
to ensure compliance with all applicable laws and rules.  
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective 
January 1, 1987. 
    Sec. 18.  [CORRECTION.] Subdivision 1.  [OMITTED LANGUAGE.] 
Minnesota Statutes 1984, section 471.992, as amended by Laws 
1986, chapter 459, section 1, is amended to read: 
    471.992 [EQUITABLE COMPENSATION RELATIONSHIPS.] 
    Subdivision 1.  [ESTABLISHMENT.] Subject to sections 
179A.01 to 179A.25 but notwithstanding any other law to the 
contrary, every political subdivision of this state shall 
establish equitable compensation relationships between 
female-dominated, male-dominated, and balanced classes of 
employees.  
    Subd. 2.  [ARBITRATION.] In all interest arbitration held 
pursuant to sections 179A.01 to 179A.25, the arbitrator shall 
consider the equitable compensation relationship standards 
established in this section, the standards established under 
section 471.993 together with other standards appropriate to 
interest arbitration.  The arbitrator shall consider both the 
results of a job evaluation study and any employee objections to 
the study.  
    Subd. 3.  [EFFECTIVE DATE.] This section will become 
effective August 1, 1987.  
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective 
August 1, 1987. 
    Sec. 19.  [CORRECTION.] Laws 1986, chapter 359, section 27, 
is amended to read: 
    Sec. 27.  [EFFECTIVE DATE.] 
    Sections 1 to 26 are effective the day following final 
enactment.  The financial reporting and auditing duties of the 
state auditor under sections 2 and 9 are effective for fire and 
police state aid payments payable after December 31, 1986. 
    Sec. 20.  [CORRECTION.] Laws 1986, chapter 365, section 22, 
is amended to read: 
    Sec. 22.  [LOCAL APPROVAL.] 
    This act Section 20 is effective the day after compliance 
with Minnesota Statutes, section 645.021, subdivision 3, by the 
county board of Olmsted county. 
    Sec. 21.  [EFFECTIVE DATE; CORRECTION.] Laws 1986, chapter 
389, sections 1 to 7 are effective retroactively to March 22, 
1986. 
    Sec. 22.  [CORRECTION.] Laws 1986, chapter 372, section 1, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GENERAL.] The definitions in this section 
apply to sections 1 to 4, 6, and 7. 
    Sec. 23.  [CORRECTION.] Subdivision 1.  [INCORRECT SECTION 
REFERENCE.] Minnesota Statutes 1984, section 46.044, as amended 
by Laws 1986, chapter 339, section 1, is amended to read:  
    46.044 [CHARTERS ISSUED, CONDITIONS.] 
    If (1) the applicants are of good moral character and 
financial integrity, (2) there is a reasonable public demand for 
this bank in this location, (3) the organization expenses being 
paid by the subscribing shareholders do not exceed the necessary 
legal expenses incurred in drawing incorporation papers and the 
publication and the recording thereof, as required by law, (4) 
the probable volume of business in this location is sufficient 
to insure and maintain the solvency of the new bank and the 
solvency of the then existing bank or banks in the locality 
without endangering the safety of any bank in the locality as a 
place of deposit of public and private money, (5) the 
commissioner of commerce is satisfied that the proposed bank 
will be properly and safely managed, and (6) the applicant, if 
it is an interstate bank holding company, as defined in section 
6, has provided developmental loans as required by section 14, 
and has complied with the net new funds reporting requirements 
of section 4 7, the application must be granted; otherwise it 
must be denied.  In case of the denial of the application, the 
commissioner of commerce shall specify the grounds for the 
denial.  A person aggrieved, may obtain judicial review of the 
determination in accordance with chapter 14.  
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective 
August 1, 1986. 
    Sec. 24.  [CORRECTION.] Subdivision 1.  [INCORRECT SECTION 
REFERENCE.] Laws 1986, chapter 339, section 6, subdivision 1, is 
amended to read: 
    Subdivision 1.  [TERMS.] When used in sections 1 4 to 9 14, 
the terms defined in this section have the meanings given them, 
unless their context requires a different meaning.  
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective 
March 20, 1986.  
    Sec. 25.  [CORRECTION.] Subdivision 1.  [INCORRECT CHAPTER 
REFERENCE.] Laws 1986, chapter 339, section 8, is amended to 
read: 
    Sec. 8.  [48.93] [NEW BANK APPLICATION.] 
    Any application to organize a bank pursuant to chapter 45 
46 may include control by a reciprocating state bank holding 
company if, in addition to the conditions in section 46.041, the 
application does not present any facts which would be grounds 
for disapproval in section 7, subdivision 4, and if the 
application would result in the acquisition and operation of no 
more than one bank in this state by the same reciprocating state 
bank holding company.  
    Sec. 26.  [CORRECTION.] Subdivision 1.  [INCORRECT SECTION 
REFERENCE.] Laws 1986, chapter 339, section 15, subdivision 1, 
is amended to read:  
    Subdivision 1.  [RESOLUTION.] The board of directors of a 
bank or a bank holding company located in this state may adopt a 
resolution before July 1, 1987, to exempt the bank or bank 
holding company from section 4 7.  If the board of directors 
adopts the resolution and files a certified copy of it as 
required by subdivision 2, the bank or bank holding company may 
not be acquired under section 4 7. 
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective 
August 1, 1986. 
    Sec. 27.  [CORRECTION.] Subdivision 1.  [INCORRECT SECTION 
REFERENCES.] Laws 1986, chapter 339, section 16, is amended to 
read: 
    Sec. 16.  [51A.58] [INTERSTATE BRANCHING.] 
    An association may, by acquisition, merger, or 
consolidation, establish or operate branch offices in any 
reciprocating state, and a savings and loan association 
chartered in the state may establish branch offices in this 
state.  For the purposes of this section, "reciprocating state" 
is:  (1) a state that authorizes the establishment of branch 
offices in that state by an association located in this state 
under conditions no more restrictive than those imposed by the 
laws of Minnesota as determined by the commissioner of commerce; 
and (2) limited to the states specifically enumerated as 
reciprocating states in section 6, subdivision 7. 
    The commissioner of commerce shall adopt rules to provide 
that procedural requirements equivalent to those contained in 
sections 1 4 to 9 14 apply to reciprocal interstate branching by 
savings and loan associations. 
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective 
August 1, 1986. 
    Sec. 28.  [CORRECTION.] Subdivision 1.  [INCORRECT SECTION 
REFERENCES.] Laws 1986, chapter 339, section 17, is amended to 
read: 
    Sec. 17.  [EFFECTIVE DATE.] 
    (a) Sections 1 4 to 3 6 and 9 13 are effective the day 
following final enactment.  
    (b) If paragraph (c) does not apply, sections 4 7 to 8 12 
are effective July 1, 1986.  
    (c) If any reciprocating state enacts legislation that 
permits bank holding companies located in this state to acquire 
banks or bank holding companies in that state, and that piece of 
legislation has an effective date prior to July 1, 1986, which 
apply to these acquisitions, then this act is effective on that 
date of enactment, but in no event may sections 4 7 to 8 12 be 
effective prior to July 1, 1985. 
    Subd. 2.  [EFFECTIVE DATES.] The amendments to subdivision 
1 are effective March 20, 1986. 
    Sec. 29.  [CORRECTION.] Laws 1986, chapter 460, section 7, 
subdivision 1, is amended to read: 
    Sec. 7.  [473.13] [BUDGET, FINANCIAL AID.] 
    Subdivision 1.  [BUDGET.] On or before October 1 of each 
year the council, after a public hearing, shall adopt a budget 
covering its anticipated receipts and disbursements for the 
ensuing year and shall decide upon the total amount necessary to 
be raised from ad valorem tax levies to meet its budget.  After 
adoption of the budget and no later than October 1, the council 
shall certify to the auditor of each metropolitan county 
the county's share of the tax to be levied within that county, 
which must be an amount bearing the same proportion to the total 
levy agreed on by the council as the assessed valuation of the 
county bears to the assessed valuation of the metropolitan 
area.  The maximum amount of any levy made for the purpose of 
this chapter may not exceed the limits set by sections 473.167 
and 473.249. 
    Sec. 30.  [CORRECTION.] Laws 1986, chapter 460, section 7, 
subdivision 2, is amended to read: 
    Subd. 2.  [COUNTY LEVIES.] The auditor of each metropolitan 
county shall add the amount of any levy made by the council 
within the limits imposed by subdivision 1 to other tax 
levies of imposed within the county for collection by the county 
treasurer with other taxes.  When collected the county treasurer 
shall make settlement of the taxes with the council in the same 
manner as other taxes are distributed to political 
subdivisions.  The levy authorized by this section is in 
addition to any other county taxes levied within the county 
authorized by law. 
    Sec. 31.  [CORRECTION.] Laws 1986, chapter 416, section 4, 
is amended to read: 
    Sec. 4.  [375.85] [COUNTIES MAY MARKET SOFTWARE PRODUCTS.] 
    Notwithstanding any other law to the contrary, a county or 
group of counties acting jointly under section 471.59 may sell 
or license self-developed or vendor custom-developed computer 
software products or systems either on competitive bids or in 
the open market, in the discretion of the county or joint powers 
board.  Prices for the software products or systems may be based 
on market considerations.  A county or group of counties may 
make agreements with private persons or entities to assist with 
marketing software products or systems. 
    Sec. 32.  [CORRECTION.] Subdivision 1.  [INCORRECT TERM.] 
Laws 1986, chapter 391, section 7, is amended to read:  
    Sec. 7.  [USE OF PROCEEDS; POWERS.] 
    The proceeds of the taxes imposed under section 3, 4, or 5 
and the proceeds of the distribution under section 12 may only 
be expended by the city for the public purpose stated in section 
1, as follows:  (i) the distribution under section 12 shall be 
expended for the total cost of financing and debt service 
payments for highway improvements, including interest on bonds 
issued pursuant to Laws 1985, chapter 295; (ii) the proceeds 
from taxes imposed under section 3 may be expended for the total 
cost of financing and debt service payments for highway 
improvements or other public improvements within the project 
area except operating, maintaining, or promoting public malls, 
plazas, or courtyards; (iii) the proceeds from the taxes imposed 
under sections 4 and 5 may be expended for debt service on bonds 
issued for highway improvements or citywide improvements and 
public services as authorized by law and charter.  The city may 
transfer funds to the port authority to accomplish the public 
purpose of section 1 only as authorized by this section.  
    The city of Bloomington shall pay, from funding sources 
enumerated above, all costs of the highway improvements, 
including trunk highways, within the project area.  To provide 
for this funding of trunk highways, the city and the 
commissioner of transportation may enter into an agreement under 
which the city agrees to loan, without interest, and to advance 
money to the commissioner for deposit in the state treasury to 
the credit of the trunk highway fund an amount sufficient for 
the design services, the construction and the construction 
engineering of those trunk highway facilities that the 
commissioner determines necessary to build as part of the 
related highway improvements.  The commissioner must repay those 
loan funds to the city from the trunk highway fund in ten equal 
annual installments commencing after completion of the trunk 
highway facilities within the related highway improvements or 
1990, whichever occurs later in time.  No interest or inflation 
index money will be paid to the city for the use of this loan 
money by the commissioner from the trunk highway fund. 
    In order to expedite the project and to minimize disruption 
to the statewide highway program, the city shall be the lead 
agency responsible for all design, contract letting, award, and 
administration of highway improvements in the project area.  The 
city shall acquire and convey to the state, without costs to the 
state, all rights-of-way needed for trunk highway improvements 
in the project area. 
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective the 
day after final enactment. 
    Sec. 33.  [CORRECTION.] Subdivision 1. [ALLOCATION 
REDUCTION ERROR.] Laws 1986, chapter 465, article 1, section 11, 
is amended to read: 
    Sec. 11.  [474A.03] [DETERMINATION OF ANNUAL VOLUME CAP.] 
    Subdivision 1.  [ANNUAL VOLUME CAP UNDER EXISTING FEDERAL 
TAX LAW.] At the beginning of each calendar year, the department 
shall determine the aggregate dollar amount of the annual volume 
cap under existing federal tax law for the calendar year, and of 
this amount the department shall determine the following amounts:
    (1) the amount that is allocated to entitlement issuers 
under section 12; 
    (2) the amount initially available for allocation through 
the pool under section 13, which is the annual volume cap 
determined under this subdivision less the amount determined 
under clause (1); and 
    (3) the amount available for issuance of qualified mortgage 
bonds under section 15. 
    Subd. 2.  [ANNUAL VOLUME CAP UNDER FEDERAL VOLUME 
LIMITATION ACT.] At the beginning of each calendar year, the 
department shall determine the aggregate dollar amount of the 
annual volume cap under a federal volume limitation act during 
the calendar year, and of this amount the department shall 
determine the following amounts: 
    (1) the amount, if any, that a federal volume limitation 
act requires be reserved for qualified 501(c)(3) bonds or the 
amount provided by section 20, subdivision 9; 
    (2) the amount of the governmental volume cap allocated to 
entitlement issuers under section 16, stating separately (i) the 
amount available for issuance of "qualified mortgage bonds" or 
obligations with a comparable definition in a federal volume 
limitation act, and (ii) the amount available for issuance of 
any obligations; and 
    (3) the amount initially available for allocation through 
the pool under section 19, which is the amount of the 
governmental volume cap less the aggregate of the amounts 
determined in clause (2). 
    Notwithstanding the foregoing, for the period from and 
including January 1, 1987, to and including June 30, 1987, the 
following limitations shall apply:  (i) one-half of the amount 
determined pursuant to clause (2)(ii) shall be allocated to 
entitlement issuers under section 16; (ii) the entire amount 
determined pursuant to clause (2)(i) shall be allocated to 
entitlement issuers under section 16; (iii) one-half of the 
amount determined pursuant to clause (3) shall be made available 
for allocation under section 19; and (iv) one-half of the 
amount, if any, determined pursuant to clause (1) shall be made 
available for allocation under section 20, unless the amount is 
determined pursuant to section 20, subdivision 9, in which case 
the full amount is available.  The remaining amount of annual 
volume cap for calendar year 1987 not so allocated, or made 
available for allocation, shall remain unallocated unless 
otherwise provided by law. 
    Subd. 3.  [ADJUSTMENTS FOR CHANGES TO VOLUME CAP IN FEDERAL 
VOLUME LIMITATION ACT.] If the annual volume cap in a federal 
volume limitation act that becomes law is greater than or less 
than the annual volume cap that existed in a federal volume 
limitation act in the form that existed as of January 1, 1986, 
the department shall adjust the calculations made under 
subdivision 2, except for clause (1), and section 16, except as 
provided in section 27.  If the annual volume cap is adjusted, 
the commissioner may withdraw any allocation granted before the 
adjustment was made pursuant to which obligations have been 
issued, only with the written consent of the issuer. 
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective the 
day after final enactment. 
    Sec. 34.  [CORRECTION.] Subdivision 1.  [CLARIFICATION.] 
Laws 1986, chapter 465, article 1, section 20, subdivision 9, is 
amended to read: 
    Subd. 9.  [NO MANDATORY SET-ASIDE; 501(C)(3) POOL.] If a 
federal volume limitation act is enacted that does not require 
that issuance authority be set aside for qualified 501(c)(3) 
bonds and qualified 501(c)(3) bonds are subject to the annual 
volume cap, $70,000,000 of issuance authority is available for 
allocation under this section from January 1 through October 31 
of 1986 and $35,000,000 of issuance authority is available for 
allocation under this section from January 1, 1987 through June 
30, 1987.  Notwithstanding the provisions of subdivision 6, if 
issuance authority is available for allocation pursuant to this 
subdivision, no allocation may be made pursuant to this section 
after October 31 for calendar year 1986 and the remaining amount 
of unallocated authority under this section that is or becomes 
available is canceled and must be reallocated pursuant to 
section 19. 
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective the 
day after final enactment. 
    Sec. 35.  [CORRECTION.] Subdivision 1.  [EFFECTIVE DATE 
OMITTED.] Laws 1986, chapter 465, article 2, section 25, is 
amended to read: 
    Sec. 25.  [EFFECTIVE DATE.] 
    Sections 1, 5, 18, 19, 21, 22 and 23 are effective the day 
following final enactment. 
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective the 
day after final enactment. 
    Sec. 36.  Minnesota Statutes 1984, section 275.125, 
subdivision 9, as amended by Laws 1986, chapter 441, section 1, 
is amended to read: 
    Subd. 9.  [LEVY REDUCTIONS; TACONITE.] (1) Reductions in 
levies pursuant to subdivision 10 of this section, and section 
273.138, shall be made prior to the reductions in clause (2). 
    (2) Notwithstanding any other law to the contrary, 
districts which received payments pursuant to sections 294.21 to 
294.26; 298.23 to 298.28, except an amount distributed under 
section 298.28, subdivision 1, paragraph (3)(b)(ii); 298.34 to 
298.39; 298.391 to 298.396; 298.405; 298.51 to 298.67; 477A.15; 
and any law imposing a tax upon severed mineral values, or under 
any other law distributing proceeds in lieu of ad valorem tax 
assessments on copper or nickel properties, or recognized 
revenue pursuant to section 477A.15; shall not include a portion 
of these aids in their permissible levies pursuant to those 
sections, but instead shall reduce the permissible levies 
authorized by this section and sections 124A.03, 124A.06, 
subdivision 3a, 124A.08, subdivision 3a, 124A.10, subdivision 
3a, 124A.12, subdivision 3a, and 124A.14, subdivision 5a, and 
124A.20, subdivision 2, by the greater of the following: 
    (a) an amount equal to 50 percent of the total dollar 
amount of the payments received pursuant to those sections or 
revenue recognized pursuant to section 477A.15 in the previous 
fiscal year; or 
    (b) an amount equal to the total dollar amount of the 
payments received pursuant to those sections or revenue 
recognized pursuant to section 477A.15 in the previous fiscal 
year less the product of the same dollar amount of payments or 
revenue times the ratio of the maximum levy allowed the district 
under sections 124A.03, subdivision 2, 124A.06, subdivision 3a, 
124A.08, subdivision 3a, 124A.10, subdivision 3a, 124A.12, 
subdivision 3a, and 124A.14, subdivision 5a, to the total levy 
allowed the district under this section and sections 124A.03, 
124A.06, subdivision 3a, 124A.08, subdivision 3a, 124A.10, 
subdivision 3a, 124A.12, subdivision 3a, 124A.14, subdivision 
5a, and 124A.20, subdivision 2, in the year in which the levy is 
certified. 
    (3) No reduction pursuant to this subdivision shall reduce 
the levy made by the district pursuant to section 124A.03, 
subdivision 1, to an amount less than the amount raised by a 
levy of 12.5 mills times the adjusted assessed valuation of that 
district for the preceding year as determined by the 
equalization aid review committee.  The amount of any increased 
levy authorized by referendum pursuant to section 124A.03, 
subdivision 2 shall not be reduced pursuant to this 
subdivision.  The amount of any levy authorized by subdivision 
4, to make payments for bonds issued and for interest thereon, 
shall not be reduced pursuant to this subdivision.  
    (4) Before computing the reduction pursuant to this 
subdivision of the capital expenditure levy authorized by 
subdivision 11a, and the community service levy authorized by 
subdivision 8, the commissioner shall ascertain from each 
affected school district the amount it proposes to levy for 
capital expenditures pursuant to subdivision 11a and for 
community services pursuant to subdivision 8.  The reduction of 
the capital expenditure levy and the community services levy 
shall be computed on the basis of the amount so ascertained. 
    (5) Notwithstanding any law to the contrary, any amounts 
received by districts in any fiscal year pursuant to sections 
294.21 to 294.26; 298.23 to 298.28; 298.34 to 298.39; 298.391 to 
298.396; 298.405; 298.51 to 298.67 except an amount distributed 
under section 298.28, subdivision 1, paragraph (3)(b)(ii); or 
any law imposing a tax on severed mineral values, or under any 
other law distributing proceeds in lieu of ad valorem tax 
assessments on copper or nickel properties; and not deducted 
from foundation aid pursuant to section 124A.035, subdivision 5, 
clause (2), and not applied to reduce levies pursuant to this 
subdivision shall be paid by the district to the St. Louis 
county auditor in the following amount by March 15 of each year 
except 1986, the amount required to be subtracted from the 
previous fiscal year's foundation aid pursuant to section 
124A.035, subdivision 5, which is in excess of the foundation 
aid earned for that fiscal year.  The county auditor shall 
deposit any amounts received pursuant to this clause in the St. 
Louis county treasury for purposes of paying the taconite 
homestead credit as provided in section 273.135. 
    Sec. 37.  Minnesota Statutes 1985 Supplement, section 
298.225, subdivision 1, as amended by Laws 1986, chapter 441, 
section 10, is amended to read: 
    298.225 [APPROPRIATION.] 
    Subdivision 1.  For distribution of taconite production tax 
in 1987 and thereafter with respect to production in 1986 and 
thereafter, the distribution of the taconite production tax as 
provided in section 298.28, subdivision 1, clauses (1) to (4) 
and (5)(b), (5)(c), (6), and (7)(a), shall equal the lesser of 
the following amounts:  
    (1) the amount distributed pursuant to this section and 
section 298.28, subdivision 1, with respect to 1983 production 
if the production for the year prior to the distribution year is 
no less than 42,000,000 taxable tons.  If the production is less 
than 42,000,000 taxable tons, the amount of the distributions 
shall be reduced proportionately at the rate of two percent for 
each 1,000,000 tons, or part of 1,000,000 tons by which the 
production is less than 42,000,000 tons; or 
    (2)(i) for the distributions made pursuant to section 
298.28, subdivision 1, clauses (3)(a), (3)(b), and (5)(c), 50 
percent of the amount distributed pursuant to this section and 
section 298.28, subdivision 1, with respect to 1983 production.  
    (ii) for the distributions made pursuant to section 298.28, 
subdivision 1, clauses (4)(a) and (4)(b)(c), 75 percent of the 
amount distributed pursuant to this section and section 298.28, 
subdivision 1, with respect to 1983 production.  
    Sec. 38.  Minnesota Statutes 1985 Supplement, section 
298.28, subdivision 1, as amended by Laws 1986, chapter 441, 
section 12, is amended to read: 
    Subdivision 1.  [DISTRIBUTION.] The proceeds of the taxes 
collected under section 298.24, except the tax collected under 
section 298.24, subdivision 2, shall, upon certification of the 
commissioner of revenue, be allocated as follows: 
     (1) 2.5 cents per gross ton of merchantable iron ore 
concentrate, hereinafter referred to as "taxable ton," to the 
city or town in the county in which the lands from which 
taconite was mined or quarried were located or within which the 
concentrate was produced.  If the mining, quarrying, and 
concentration, or different steps in either thereof are carried 
on in more than one taxing district, the commissioner shall 
apportion equitably the proceeds of the part of the tax going to 
cities and towns among such subdivisions upon the basis of 
attributing 40 percent of the proceeds of the tax to the 
operation of mining or quarrying the taconite, and the remainder 
to the concentrating plant and to the processes of 
concentration, and with respect to each thereof giving due 
consideration to the relative extent of such operations 
performed in each such taxing district.  His order making such 
apportionment shall be subject to review by the tax court at the 
instance of any of the interested taxing districts, in the same 
manner as other orders of the commissioner. 
     (2) (a) 12.5 cents per taxable ton, less any amount 
distributed under clause (7), paragraph (a), and paragraph (b) 
of this clause, to be distributed as provided in section 298.282.
    (b) An amount annually certified by the county auditor of a 
county containing a taconite tax relief area within which there 
is (1) an organized township if, as of January 2, 1982, more 
than 75 percent of the assessed valuation of the township 
consists of iron ore or (2) a city if, as of January 2, 1980, 
more than 75 percent of the assessed valuation of the city 
consists of iron ore.  The amount will be the portion of a 
township's or city's certified levy equal to the proportion of 
(1) the difference between 50 percent of January 2, 1982, 
assessed value in the case of a township and 50 percent of the 
January 2, 1980, assessed value in the case of a city and its 
current assessed value to (2) the sum of its current assessed 
value plus the difference determined in (1).  The county auditor 
shall extend the township's or city's levy against the sum of 
the township's or city's current assessed value plus the 
difference between 50 percent of its January 2, 1982, assessed 
value and its current assessed value in the case of a township 
and between 50 percent of its January 2, 1980, assessed value 
and its current assessed value in the case of a city.  If the 
current assessed value of the township exceeds 50 percent of the 
township's January 2, 1982, assessed value, or if the current 
assessed value of the city exceeds 50 percent of the city's 
January 2, 1980, assessed value, this clause shall not apply.  
    (3) 27.5 cents per taxable ton plus the increase provided 
in paragraph (c) to qualifying school districts to be 
distributed, based upon the certification of the commissioner of 
revenue, as follows: 
    (a) 5.5 cents per taxable ton to the school districts in 
which the lands from which taconite was mined or quarried were 
located or within which the concentrate was produced.  The 
distribution must be based on the apportionment formula 
prescribed in clause (1). 
    (b) (i) 22 cents per taxable ton, less any amount 
distributed under part (d), shall be distributed to a group of 
school districts comprised of those school districts wherein the 
taconite was mined or quarried or the concentrate produced or in 
which there is a qualifying municipality as defined by section 
273.134 in direct proportion to school district indexes as 
follows:  for each school district, its pupil units determined 
under section 124.17 for the prior school year shall be 
multiplied by the ratio of the average adjusted assessed value 
per pupil unit for school districts receiving aid under this 
clause as calculated pursuant to chapter 124A for the school 
year ending prior to distribution to the adjusted assessed value 
per pupil unit of the district.  Each district shall receive 
that portion of the distribution which its index bears to the 
sum of the indices for all school districts that receive the 
distributions.  
    (ii) Notwithstanding clause (i), each school district shall 
receive that receives a distribution under this paragraph 
(b) sections 294.21 to 294.26; 298.23 to 298.28, exclusive of 
any amount received under this clause; 298.34 to 298.39; 298.391 
to 298.396; 298.405; 298.51 to 298.67 or any law imposing a tax 
on several mineral values or any other law distributing proceeds 
in lieu of ad valorem tax assessments on copper or nickel 
properties that is no less than the amount of its levy reduction 
under section 275.125, subdivision 9, for the second year prior 
to the year of the distribution shall receive a distribution 
equal to the difference; the amount necessary to make 
this minimum payment shall be derived from proportionate 
reductions in the initial distribution to other school districts 
under clause (i).  
    (c) On July 15, in years prior to 1988, an amount equal to 
the increase derived by increasing the amount determined by 
clause (3)(b) in the same proportion as the increase in the 
steel mill products index over the base year of 1977 as provided 
in section 298.24, subdivision 1, clause (a), shall be 
distributed to any school district described in clause (3)(b) 
where a levy increase pursuant to section 124A.03, subdivision 
2, is authorized by referendum, according to the following 
formula.  On July 15, 1988 and subsequent years, the increase 
over the amount established for the prior year shall be 
determined according to the increase in the implicit price 
deflator as provided in section 298.24, subdivision 1, paragraph 
(a).  Each district shall receive the product of: 
    (i) $150 times the pupil units identified in section 
124.17, subdivision 1, enrolled in the second previous year or 
the 1983-1984 school year, whichever is greater, less the 
product of 1-3/4 mills times the district's taxable valuation in 
the second previous year; times 
    (ii) the lesser of: 
    (A) one, or 
    (B) the ratio of the amount certified pursuant to section 
124A.03, subdivision 2, in the previous year, to the product of 
1-3/4 mills times the district's taxable valuation in the second 
previous year. 
     If the total amount provided by clause (3)(c) is 
insufficient to make the payments herein required then the 
entitlement of $150 per pupil unit shall be reduced uniformly so 
as not to exceed the funds available.  Any amounts received by a 
qualifying school district in any fiscal year pursuant to clause 
(3)(c) shall not be applied to reduce foundation aids which the 
district is entitled to receive pursuant to section 124A.02 or 
the permissible levies of the district.  Any amount remaining 
after the payments provided in this paragraph shall be paid to 
the commissioner of iron range resources and rehabilitation who 
shall deposit the same in the taconite environmental protection 
fund and the northeast Minnesota economic protection trust fund 
as provided in clause (9). 
     (d) There shall be distributed to any school district the 
amount which the school district was entitled to receive under 
section 298.32 in 1975. 
    (4) 16.5 cents per taxable ton to counties to be 
distributed, based upon certification by the commissioner of 
revenue, as follows: 
    (a) 13 cents per taxable ton shall be distributed to the 
county in which the taconite is mined or quarried or in which 
the concentrate is produced, less any amount which is to be 
distributed pursuant to part (b).  The apportionment formula 
prescribed in clause (1) is the basis for the distribution. 
    (b) If an electric power plant owned by and providing the 
primary source of power for a taxpayer mining and concentrating 
taconite is located in a county other than the county in which 
the mining and the concentrating processes are conducted, one 
cent per taxable ton of the tax distributed to the counties 
pursuant to part (a) and imposed on and collected from such 
taxpayer shall be paid to the county in which the power plant is 
located. 
    (c) 3.5 cents per taxable ton shall be paid to the county 
from which the taconite was mined, quarried or concentrated to 
be deposited in the county road and bridge fund.  If the mining, 
quarrying and concentrating, or separate steps in any of those 
processes are carried on in more than one county, the 
commissioner shall follow the apportionment formula prescribed 
in clause (1). 
    (5) (a) 22 cents per taxable ton, less any amount required 
to be distributed under parts (b) and (c), to St. Louis county 
acting as the counties' fiscal agent, to be distributed as 
provided in sections 273.134 to 273.136. 
    (b) If an electric power plant owned by and providing the 
primary source of power for a taxpayer mining and concentrating 
taconite is located in a county other than the county in which 
the mining and the concentrating processes are conducted, .1875 
cent per taxable ton of the tax imposed and collected from such 
taxpayer shall be paid to the county. 
     (c) If an electric power plant owned by and providing the 
primary source of power for a taxpayer mining and concentrating 
taconite is located in a school district other than a school 
district in which the mining and concentrating processes are 
conducted, .5625 cent per taxable ton of the tax imposed and 
collected from the taxpayer shall be paid to the school district.
    (6) Three cents per taxable ton shall be paid to the iron 
range resources and rehabilitation board for the purposes of 
section 298.22.  The amount determined in this clause shall be 
increased in 1981 and subsequent years prior to 1988 in the same 
proportion as the increase in the steel mill products index as 
provided in section 298.24, subdivision 1 and shall be increased 
in 1988 and subsequent years according to the increase in the 
implicit price deflator as provided in section 298.24, 
subdivision 1.  The amount distributed pursuant to this clause 
shall be expended within or for the benefit of a tax relief area 
defined in section 273.134.  No part of the fund provided in 
this clause may be used to provide loans for the operation of 
private business unless the loan is approved by the governor and 
the legislative advisory commission. 
    (7) (a) .20 cent per taxable ton shall be paid to the range 
association of municipalities and schools, for the purpose of 
providing an areawide approach to problems which demand 
coordinated and cooperative actions and which are common to 
those areas of northeast Minnesota affected by operations 
involved in mining iron ore and taconite and producing 
concentrate therefrom, and for the purpose of promoting the 
general welfare and economic development of the cities, towns 
and school districts within the iron range area of northeast 
Minnesota. 
    (b) 1.5 cents per taxable ton shall be paid to the 
northeast Minnesota economic protection trust fund.  
    (8) the amounts determined under clauses (5)(a) and (7)(b) 
shall be increased in 1979 and subsequent years prior to 1988 in 
the same proportion as the increase in the steel mill products 
index as provided in section 298.24, subdivision 1.  Those 
amounts shall be increased in 1988 and subsequent years in the 
same proportion as the increase in the implicit price deflator 
as provided in section 298.24, subdivision 1.  
    The amounts distributions per ton determined under clauses 
(4)(a), (4)(c), (5)(b), and (5)(c) for distribution in 1987 1988 
and subsequent years shall be the amount distribution per ton 
determined for distribution in 1986 under Minnesota Statutes 
1985 Supplement, section 298.28, subdivision 1, clauses (4)(a), 
(4)(c), and (5)(b) 1987. 
    (9) the proceeds of the tax imposed by section 298.24 which 
remain after the distributions and payments in clauses (1) to 
(8), as certified by the commissioner of revenue, and parts (a) 
and (b) of this clause have been made, together with interest 
earned on all money distributed under this subdivision prior to 
distribution, shall be divided between the taconite 
environmental protection fund created in section 298.223 and the 
northeast Minnesota economic protection trust fund created in 
section 298.292 as follows:  Two-thirds to the taconite 
environmental protection fund and one-third to the northeast 
Minnesota economic protection trust fund.  The proceeds shall be 
placed in the respective special accounts. 
    (a) There shall be distributed to each city, town, school 
district, and county the amount that they received under section 
294.26 in calendar year 1977; provided, however, that the amount 
distributed in 1981 to the unorganized territory number 2 of 
Lake county and the town of Beaver Bay based on the 
between-terminal trackage of Erie Mining Company will be 
distributed in 1982 and subsequent years to the unorganized 
territory number 2 of Lake county and the towns of Beaver Bay 
and Stony River based on the miles of track of Erie Mining 
Company in each taxing district. 
    (b) There shall be distributed to the iron range resources 
and rehabilitation board the amounts it received in 1977 under 
section 298.22. 
     On or before October 10 of each calendar year each producer 
of taconite or iron sulphides subject to taxation under section 
298.24 (hereinafter called "taxpayer") shall file with the 
commissioner of revenue an estimate of the amount of tax which 
would be payable by such taxpayer under said law for such 
calendar year; provided such estimate shall be in an amount not 
less than the amount due on the mining and production of 
concentrates up to September 30 of said year plus the amount 
becoming due because of probable production between September 30 
and December 31 of said year, less any credit allowable as 
hereinafter provided.  The commissioner of revenue shall 
annually on or before October 10 report an estimated 
distribution amount to each taxing district and the officers 
with whom such report is so filed shall use the amount so 
indicated as being distributable to each taxing district in 
computing the permissible tax levy of such county or city in the 
year in which such estimate is made, and payable in the next 
ensuing calendar year, except that one cent per taxable ton of 
the amount distributed under clause (4)(c) shall not be deducted 
in calculating the permissible levy.  In any calendar year in 
which a general property tax levy subject to sections 275.50 to 
275.59 has been made, if the taxes distributable to any such 
county or city are greater than the amount estimated by the 
commissioner to be paid to any such county or city in such year, 
the excess of such distribution shall be held in a special fund 
by the county or city and shall not be expended until the 
succeeding calendar year, and shall be included in computing the 
permissible levies under sections 275.50 to 275.59, of such 
county or city payable in such year.  If the amounts 
distributable to any such county or city after final 
determination by the commissioner of revenue under this section 
are less than the amounts by which a taxing district's levies 
were reduced pursuant to this section, such county or city may 
issue certificates of indebtedness in the amount of the 
shortage, and may include in its next tax levy, in excess of the 
limitations of sections 275.50 to 275.59 an amount sufficient to 
pay such certificates of indebtedness and interest thereon, or, 
if no certificates were issued, an amount equal to such shortage.
    Sec. 39.  Laws 1986, chapter 441, section 15, is amended to 
read: 
    Sec. 15.  [EFFECTIVE DATE.] 
    Except as otherwise specifically provided, section 1 is 
effective for distributions received and levies certified in 
1987 and subsequent years, except that the change from the 
commissioner of finance to the St. Louis county auditor shall be 
effective for distributions in 1986 and subsequent years.  
Sections 1, 10, 12, and 13 are effective for distributions in 
1987 and subsequent years, except that the changes in paragraph 
3 of section 298.28, subdivision 1, are effective for 
distributors in 1988 and subsequent years.  Sections 2, 3, and 4 
are effective for taxes levied in 1986, payable in 1987, and 
thereafter.  Sections 5 and 6 are effective for gross earnings 
derived after December 31, 1986.  Sections 7 and 8 are effective 
for purchases and use made after May 1, 1986, provided that the 
first refunds for construction materials and supplies due as a 
result of the exemption under section 8 may not be paid by the 
commissioner before July 15, 1987.  Except as otherwise 
provided, section 9 is effective for ores mined or produced 
after December 31, 1986. 
    Sec. 40.  [CORRECTION.] Subdivision 1.  [DRAFTING ERROR.] 
Minnesota Statutes 1984, section 424A.001, subdivision 7, as 
added by Laws 1986, chapter 359, section 19, is amended to read: 
    Subd. 7.  [FIDUCIARY RESPONSIBILITY.] In the discharge of 
their respective duties, the officers and trustees shall be held 
to the standard of care enumerated in section 11A.09. 
    Each member of the board is a fiduciary.  No fiduciary of a 
relief association shall cause a relief association to engage in 
a transaction if the fiduciary knows or should know that a 
transaction constitutes one of the following direct or indirect 
transactions: 
     (1) sale or exchange or leasing of any real property 
between the relief association and a board member; 
    (2) lending of money or other extension of credit between 
the relief association and a board member or member of the 
relief association; 
    (3) furnishing of goods, services, or facilities between 
the relief association and a board member or member of the 
relief association; or 
    (4) transfer to a board member, or use by or for the 
benefit of a board member, of any assets of the relief 
association.  Transfer of assets does not mean the payment of 
relief association benefits or administrative expenses permitted 
by law. 
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective the 
day after final enactment. 
    Sec. 41.  [CORRECTION.] Subdivision 1.  [REPEALER.] Laws 
1986, chapter 399, article 2, is repealed. 
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective the 
day following final enactment. 
    Sec. 42.  [CORRECTION.] Subdivision 1.  [AMENDMENT.] 
Minnesota Statutes 1984, section 487.191, is amended to read: 
    487.191 [MERGER WITH DISTRICT COURTS.] 
    Except in the second, third, fourth, and seventh judicial 
districts, one year following certification to the secretary of 
state of intention to reorganize the trial courts by a majority 
of the district judges and a majority of the county or county 
municipal judges of a judicial district, there shall be one 
general trial court of the judicial district to be known as the 
district court, which shall also be a probate court.  In 
the second, third, fourth, and seventh judicial districts, the 
judicial district reorganization shall become effective three 
months after certification to the secretary of state of 
intention to reorganize the trial courts by a majority of the 
district judges and a majority of the county judges of 
the second, third, fourth, and seventh judicial districts.  
    Upon the effective date of a judicial district 
reorganization, the district court, except in the second and 
fourth districts, shall also exercise the powers, duties, and 
jurisdiction conferred upon courts by chapters 260, 484, 487, 
491, 492, 493, and 525.  
    Upon the effective date of a judicial district 
reorganization of the second or fourth districts, the district 
court shall also exercise the powers conferred upon courts by 
chapters 488A, 492, and 493.  
    Notwithstanding any other law, the county or county 
municipal judges of the district in office on the effective date 
of a reorganization shall be district judges and shall continue 
in office for the balance of the term for which they were 
elected or appointed and shall be entitled to run for reelection 
district-wide as incumbent judges of the district court.  If a 
reorganization plan from the fourth judicial district is 
certified to the secretary of state prior to July 1, 1986, all 
candidates for judgeships in the fourth judicial district shall 
file and run for the office of district judge as if a 
reorganization plan, filed pursuant to this section, were in 
effect. 
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective one 
day after final enactment. 
    Sec. 43.  [CORRECTION.] Subdivision 1.  [CLARIFICATION.] 
Laws 1986, chapter 455, section 21, subdivision 1, is amended to 
read: 
    Subdivision 1.  [CREATION.] The Minnesota joint 
underwriting association is created to provide insurance 
coverage to any person or entity unable to obtain insurance 
through ordinary methods if the insurance is required by 
statute, ordinance, or otherwise required by law, or is 
necessary to earn a livelihood or conduct a business and serves 
a public purpose.  Prudent business practice or mere desire to 
have insurance coverage is not a sufficient standard for the 
association to offer insurance coverage to a person or entity.  
The association shall be specifically authorized to provide 
insurance coverage to day care providers, foster parents, foster 
homes, developmental achievement centers, group homes, and 
sheltered workshops for mentally, emotionally, or physically 
handicapped persons, and citizen participation groups 
established pursuant to the housing and community redevelopment 
act of 1974, Public Law Number 93-383.  Because the activities 
of certain persons or entities present a risk that is so great, 
the association shall not offer insurance coverage to any person 
or entity the board of directors of the association determines 
is outside the intended scope and purpose of the association 
because of the gravity of the risk of offering insurance 
coverage.  The association shall not offer environmental 
impairment liability or product liability insurance, or.  The 
association shall not offer coverage for activities that are 
conducted substantially outside the state of Minnesota unless 
the insurance is required by statute, ordinance, or otherwise 
required by law.  Every insurer authorized to write property and 
casualty insurance in this state shall be a member of the 
association as a condition to obtaining and retaining a license 
to write insurance in this state. 
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective 
retroactively to March 26, 1986. 
    Sec. 44.  [CORRECTION.] Subdivision 1.  [DRAFTING ERROR.] 
Laws 1986, chapter 398, article 2, section 3, subdivision 2, is 
amended to read: 
    Subd. 2.  [HOMESTEAD DESIGNATION NOTICE.] (a) The following 
notice must be included in the foreclosure notice of property 
containing a homestead that is served on the mortgagor under 
section 580.04.  The notice must be in 10 point capitalized 
letters. 
    "PART OF THE PROPERTY TO BE SOLD CONTAINS YOUR HOUSE.  YOU 
MAY DESIGNATE THE AREA OF A HOMESTEAD TO BE SOLD AND REDEEMED 
SEPARATELY.  
    YOU MAY DESIGNATE THE HOUSE YOU OCCUPY AND ANY AMOUNT OF 
THE PROPERTY AS A HOMESTEAD.  THE DESIGNATED HOMESTEAD PROPERTY 
MUST CONFORM TO THE LOCAL ZONING ORDINANCES AND BE COMPACT SO 
THAT IT DOES NOT UNREASONABLY REDUCE THE VALUE OF THE REMAINING 
PROPERTY.  
    YOU MUST PROVIDE THE PERSON FORECLOSING ON THE PROPERTY, 
THE SHERIFF, AND THE COUNTY RECORDER WITH A COPY OF THE LEGAL 
DESCRIPTION OF THE HOMESTEAD YOU HAVE DESIGNATED BY TEN BUSINESS 
DAYS BEFORE THE DATE THE PROPERTY IS TO BE SOLD."  
    (b) The following notice must be served with the summons 
and complaint in an action to foreclose a mortgage of property 
containing a homestead under chapter 581.  The notice must be in 
10 point capitalized letters.  
    "PART OF THE PROPERTY TO BE SOLD CONTAINS YOUR HOUSE.  YOU 
MAY DESIGNATE THE AREA OF A HOMESTEAD TO BE SOLD AND REDEEMED 
SEPARATELY.  
    YOU MAY DESIGNATE THE HOUSE YOU OCCUPY AND UP TO 80 ACRES 
ANY AMOUNT OF THE PROPERTY AS A HOMESTEAD.  THE DESIGNATED 
HOMESTEAD PROPERTY MUST CONFORM TO THE LOCAL ZONING ORDINANCES 
AND BE COMPACT SO THAT IT DOES NOT UNREASONABLY REDUCE THE VALUE 
OF THE REMAINING PROPERTY.  
    YOU MUST PROVIDE THE COURT WITH A LEGAL DESCRIPTION OF THE 
HOMESTEAD YOU HAVE DESIGNATED." 
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective 
March 22, 1986. 
    Sec. 45.  [CORRECTION.] Subdivision 1.  [INCORRECT 
REFERENCE.] Laws 1986, chapter 398, article 6, section 2, 
subdivision 2, is amended to read: 
    Subd. 2.  [ADMINISTRATION.] "Administration" means the 
Minnesota rural finance administration created in section 3 4. 
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective 
March 22, 1986. 
    Sec. 46.  [CORRECTION.] Subdivision 1.  [DRAFTING ERROR.] 
Laws 1986, chapter 398, article 29, section 1, subdivision 7, is 
amended to read: 
    Subd. 7.  [AVTI AND UNIVERSITY OF MINNESOTA TECHNICAL 
COLLEGES TUITION SUPPLEMENT.] $1,350,000 is appropriated from 
the general fund to the state board of vocational technical 
education, for the biennium ending June 30, 1987, for the 
following services in proportions deemed necessary by the board 
to the agricultural area vocational technical institutes and the 
University of Minnesota two-year technical colleges for: 
    (1) reduced tuition costs for existing farm business 
management and small business management programs; and 
    (2) additional farm business management programs and 
workshops. 
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective 
March 22, 1986. 
    Sec. 47.  [CORRECTION.] Subdivision 1.  [POSITION 
EXTENSION.] Notwithstanding any other law to the contrary, four 
workers' compensation fund positions in the department of labor 
and industry are continued for fiscal year 1987. 
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective the 
day after final enactment. 
    Sec. 48.  [CORRECTION.] Subdivision 1.  [LIMITATION 
NECESSARY.] Laws 1986, chapter 358, section 12, is amended to 
read: 
    Sec. 12.  Minnesota Statutes 1984, section 82.24, 
subdivision 2, is amended to read: 
    Subd. 2.  [LICENSEE ACTING AS PRINCIPAL.] Any licensed real 
estate broker or salesperson acting in the capacity of principal 
in the sale or rental of interests in real estate owned or 
rented by him shall deposit in a Minnesota bank or trust 
company, any foreign bank which authorizes the commissioner to 
examine its records of the deposits, or an industrial loan and 
thrift company organized under chapter 53 with deposit 
liabilities, in a trust account, those parts of all payments 
received on contracts that are necessary to meet any amounts 
concurrently due and payable on any existing mortgages, 
contracts for deed or other conveyancing instruments, and 
reserve for taxes and insurance or any other encumbrance on the 
receipts.  The deposits must be maintained until disbursement is 
made under the terms of the encumbrance and proper accounting on 
the property made to the parties entitled to an accounting.  The 
provisions of this subdivision relating to rental of interests 
in real estate apply only to single family residential property. 
     Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective 
August 1, 1986. 
    Sec. 49.  [CORRECTION.] Minnesota Statutes 1984, section 
298.22, subdivision 3, is amended to read: 
    Subd. 3.  Whenever the commissioner of iron range resources 
and rehabilitation has made determinations required by 
subdivision 1 and has determined that distress and unemployment 
exists or may exist in the future in any county by reason of the 
removal of the natural resources or a possible limited use 
thereof in the future and the decrease in employment resulting 
therefrom and he deems that the acquirement of real estate or 
personal property is necessary and proper in the development of 
the remaining resources, he may acquire such property or 
interests therein by gift, purchase or lease.  The commissioner 
may purchase insurance to protect any property acquired from 
loss or damage by fire, or to protect the commissioner from any 
liability the commissioner may incur by reason of ownership of 
the property, or both.  If after such property is acquired it is 
necessary in the judgment of the commissioner to acquire a right 
of way for access to projects operated on property acquired, by 
gift, purchase or lease, said right of way may be acquired by 
condemnation in the manner provided by law. 
    Sec. 50.  [CORRECTION.] Subdivision 1.  [OMITTED EFFECTIVE 
DATE.] 1986 Regular Session H.F. No. 1886, section 21, is 
amended to read: 
    Sec. 21.  [EFFECTIVE DATES.] 
    Subdivision 1.  Sections 1 and 2 are effective the day 
after the governing bodies of the city of Minneapolis and 
Hennepin county comply with Minnesota Statutes, section 645.021, 
subdivision 3. 
    Subd. 2.  Sections 3 to 8 are effective for assessments in 
1986 and thereafter. 
    Subd. 3.  Section 9 is effective retroactive to August 1, 
1985. 
    Subd. 4.  Sections 10 and 11 are effective for assessments 
prepared after the date of final enactment of this act. 
    Subd. 5.  Sections 15 to 20 are effective the day after the 
governing body of the city of Minneapolis complies with 
Minnesota Statutes, section 645.021, subdivision 3. 
    Subd. 6.  Sections 12 to 14 are effective the day following 
final enactment. 
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective the 
day following final enactment. 
    Sec. 51.  [CORRECTION.] Subdivision 1.  Minnesota Statutes 
1985 Supplement, section 256.969, subdivision 2, as amended by 
Laws 1986, chapter 420, section 6, is amended to read: 
    Subd. 2.  [RATES FOR INPATIENT HOSPITALS.] Rates paid to 
inpatient hospitals shall be based on a rate per admission until 
the commissioner can begin to reimburse hospitals for services 
under the medical assistance and general assistance medical care 
programs based upon a diagnostic classification system 
appropriate to the service populations.  On July 1, 1984, the 
commissioner shall begin to utilize to the extent possible 
existing classification systems, including medicare.  The 
commissioner may incorporate the grouping of hospitals with 
similar characteristics for uniform rates upon the development 
and implementation of the diagnostic classification system.  
Prior to implementation of the diagnostic classification system, 
the commissioner shall report the proposed grouping of hospitals 
to the senate health and human services committee and the house 
health and welfare committee.  Effective August 1, 1985, the 
computation of the base year cost per admission and the 
computation of the relative values of the diagnostic categories 
must include identified outlier cases and their weighted costs 
up to the point that they become outlier cases, but must exclude 
costs and days beyond that point.  Claims paid for care provided 
on or after August 1, 1985, may shall be adjusted to reflect a 
recomputation of rates.  The commissioner shall may reconstitute 
the diagnostic categories to reflect actual hospital practices, 
the specific character of specialty hospitals, or to reduce 
variances within the diagnostic categories after notice in the 
state register and a 30 day comment period.  After May 1, 1986, 
acute care hospital billings under the medical assistance and 
general assistance medical care programs must not be submitted 
until the recipient is discharged.  However, the commissioner 
shall establish monthly interim payments with inpatient 
hospitals that have individual patient lengths of stay in excess 
of 30 days regardless of diagnosis-related group.  For purposes 
of establishing interim rates, the commissioner is exempt from 
the requirements of chapter 14.  Medical assistance and general 
assistance medical care reimbursement for treatment of mental 
illness shall be reimbursed based upon diagnosis 
classifications.  The commissioner may selectively contract with 
hospitals for services within the diagnostic classifications 
relating to mental illness and chemical dependency under 
competitive bidding when reasonable geographic access by 
recipients can be assured.  No physician shall be denied the 
privilege of treating a recipient required to utilize a hospital 
under contract with the commissioner, as long as the physician 
meets credentialing standards of the individual hospital.  
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective the 
day following final enactment. 

                               ARTICLE 3  
    Section 1.  Minnesota Statutes 1985 Supplement, section 
524.2-109, is amended to read: 
    524.2-109 [MEANING OF CHILD AND RELATED TERMS.] 
    If, for purposes of intestate succession, a relationship of 
parent and child must be established to determine succession by, 
through, or from a person:  
    (1) An adopted person is the child of an adopting parent 
and not of the natural parents except that adoption of a child 
by the spouse of a natural parent has no effect on the 
relationship between the child and that natural parent.  If a 
parent dies and a child is subsequently adopted by a stepparent 
who is the spouse of a surviving parent, any rights of 
inheritance of the child or the child's issue from or through 
the deceased parent of the child which exist at the time of the 
death of that parent shall not be affected by the adoption.  
    (2) In cases not covered by clause (1), a person born out 
of wedlock is a child of the mother.  That person is also a 
child of the father, if:  
    (i) the natural parents participated in a marriage ceremony 
before or after the birth of the child, even though the 
attempted marriage is void; or 
    (ii) the paternity is established by an adjudication or by 
acknowledgment, consent, or agreement pursuant to sections 
257.51 to 257.74 before the death of the father or is 
established thereafter by clear and convincing proof, except 
that the paternity established under this clause is ineffective 
to qualify the father or his kindred to inherit from or through 
the child unless the father has openly treated the child as his, 
and has not refused to support the child is the child of the 
person's parents regardless of the marital status of the parents 
and the parent and child relationship may be established under 
the parentage act, sections 257.51 to 257.74. 
    Sec. 2.  Minnesota Statutes 1985 Supplement, section 
524.2-202, is amended to read: 
    524.2-202 [AUGMENTED ESTATE.] 
    The augmented estate means the estate reduced by funeral 
and administration expenses, the homestead, family allowances 
and exemptions, liens, mortgages, and enforceable claims, to 
which is added the sum of the following amounts:  
    (1) The value of property, other than the homestead, 
transferred by the decedent at any time during the marriage, to 
or for the benefit of any person other than the surviving 
spouse, to the extent that the decedent did not receive adequate 
and full consideration in money or money's worth for the 
transfer, if the transfer is of any of the following types:  
    (i) any transfer under which the decedent retained at the 
time of death the possession or enjoyment of, or right to income 
from, the property;  
    (ii) any transfer to the extent that the decedent retained 
at the time of death a power, either alone or in conjunction 
with any other person, to revoke or to consume, invade or 
dispose of the principal for his or her own benefit;  
    (iii) any transfer whereby property is held at the time of 
decedent's death by decedent and another with right of 
survivorship;  
    (iv) any transfer made within one year of death of the 
decedent to the extent that the aggregate transfers to any one 
donee in the year exceeds $30,000.  
    Any transfer is excluded if made with the written consent 
or joinder of the surviving spouse.  Property is valued as of 
the decedent's death except that property given irrevocably to a 
donee during lifetime of the decedent is valued as of the date 
the donee came into possession or enjoyment if that occurs first.
Nothing in this section shall cause any life insurance, accident 
insurance, joint annuity, or pension or profit-sharing plan 
payable to a person other than the surviving spouse to be 
included in the augmented estate.  
    (2) The value of property, other than the homestead, owned 
by the surviving spouse at the decedent's death, plus the value 
of property transferred by the spouse at any time during 
marriage to any person other than the decedent which would have 
been includable in the spouse's augmented estate if the 
surviving spouse had predeceased the decedent, to the extent the 
owned or transferred property is derived from the decedent by 
any means other than testate or intestate succession or as an 
obligation of support without a full consideration in money or 
money's worth.  For purposes of this clause:  
    (i) Property derived from the decedent includes, but is not 
limited to, any beneficial interest of the surviving spouse in a 
trust created by the decedent during the decedent's lifetime,; 
any property appointed to the spouse by the decedent's exercise 
of a general or special power of appointment also exercisable in 
favor of others than the spouse,; any proceeds of insurance, 
including accidental death benefits, on the life of the decedent 
attributable to premiums paid by the decedent; any lump sum 
immediately payable and the commuted value of the proceeds of 
annuity contracts under which the decedent was the primary 
annuitant attributable to premiums paid by the decedent; the 
commuted value of amounts payable after the decedent's death 
under any public or private pension, disability compensation, 
benefit, or retirement plan or account, excluding the federal 
social security system, by reason of service performed, 
disabilities incurred, or deposits made by the decedent; any 
property held at the time of decedent's death by decedent and 
the surviving spouse with right of survivorship,; any property 
held by decedent and transferred by contract to the surviving 
spouse by reason of the decedent's death,; and the value of the 
share of the surviving spouse resulting from rights in community 
property in this or any other state formerly owned with the 
decedent.  The augmented estate does not include the proceeds of 
life insurance payable upon the death of the decedent, in lump 
sum or in the form of an annuity, accident insurance, joint 
annuity or pension or profit-sharing plan, nor does it include 
premiums paid therefor by the decedent or any other person.  
    (ii) Property owned by the spouse at the decedent's death 
is valued as of the date of death.  Property transferred by the 
spouse is valued at the time the transfer became irrevocable, or 
at the decedent's death, whichever occurred first.  Income 
earned by included property prior to the decedent's death is not 
treated as property derived from the decedent.  
    (iii) Property owned by the surviving spouse as of the 
decedent's death of the kind described in clause (2)(i) is 
presumed to have been derived from the decedent except to the 
extent that the surviving spouse establishes that it was derived 
from another source.  All other property owned by the surviving 
spouse as of the decedent's death, or previously transferred by 
the surviving spouse, is presumed not to have been derived from 
the decedent except to the extent that an interested party 
establishes that it was derived from the decedent.  
    (3) The value of property paid to, or for the benefit of, a 
person other than the surviving spouse as a result of the 
decedent's death if the property is any of the following types: 
    (i) proceeds of insurance, including accidental death 
benefits, but excluding (1) insurance required by a judgment and 
decree or court order; (2) credit life insurance; (3) insurance 
required by the terms of a contract; (4) insurance obtained for 
the purpose of discharging any other liability, contingent or 
fixed, to the extent the proceeds are used to discharge the 
liability; or (5) insurance obtained for a bona fide business 
purpose; 
    (ii) a lump sum immediately payable, or the commuted value 
of the proceeds of annuity contracts under which the decedent 
was the primary annuitant attributable to premiums paid by the 
decedent during the marriage; or 
     (iii) the commuted value of amounts payable after the 
decedent's death under any public or private pension, disability 
compensation, benefit, or retirement plan or account, excluding 
the federal social security system, by reason of service 
performed, disabilities incurred, or deposits made by the 
decedent, attributable to premiums or contributions paid by the 
decedent during the marriage. 
    For purposes of this clause, premiums paid by the 
decedent's employer, the decedent's partner, a partnership of 
which the decedent was a member, or the decedent's creditors, 
are deemed to have been paid by the decedent. 
    Unless the payer of the property has received written 
notice of intention to file a petition for the elective share, 
the property may be paid, upon request and satisfactory proof of 
the decedent's death, to the designated beneficiary of the 
property.  Payment made discharges the payer from all claims for 
the amounts paid.  This does not extend to payments made after 
the payer has received written notice of intention to file a 
petition for the elective share.  Unless the notice is withdrawn 
by the surviving spouse, the surviving spouse must concur in any 
demand for withdrawal.  
     For an insurer, the written notice of intention to file a 
petition for the elective share must be mailed to its home 
office by registered mail, return receipt requested, or served 
upon the insurer in the same manner as a summons in a civil 
action.  Upon receipt of written notice of intention to file a 
petition for the elective share, an insurer may pay any amounts 
owed by it specified in clause (3) to the court in which the 
probate proceedings relating to the estate of the decedent are 
venued, or if no proceedings have been commenced, to the court 
having jurisdiction of decedents' estates located in the county 
of the insured's residence.  The court shall hold the funds and, 
upon its determination under section 524.2-205, subsection (d), 
shall order its disbursement in accordance with the 
determination.  If no petition is filed in the court within the 
specified time under section 524.2-205, subsection (a), or if 
filed, the demand for an elective share is withdrawn under 
section 524.2-205, subsection (c), the court shall order 
disbursement to the designated beneficiary.  Payment made to the 
court discharges the insurer from all claims for the amounts 
paid. 
    Upon petition to the probate court by the designated 
beneficiary, the court may order that all or part of the 
property be paid to the designated beneficiary in an amount and 
subject to conditions consistent with this section. 
    Sec. 3.  Minnesota Statutes 1985 Supplement, section 
524.2-205, is amended to read: 
    524.2-205 [PROCEEDING FOR ELECTIVE SHARE; TIME LIMIT.] 
    (a) The surviving spouse may elect to take an elective 
share in the augmented net estate by filing in the court and 
mailing or delivering to the personal representative, if any, a 
petition for the elective share within nine months after the 
date of death, or within six months after the probate of the 
decedent's will, whichever limitation last expires.  However, 
nonprobate transfers, described in section 524.2-202, clauses 
(1) and (3), shall not be included within the augmented estate 
for the purpose of computing the elective share, if the petition 
is filed later than nine months after death.  The court may 
extend the time for election as it sees fit for cause shown by 
the surviving spouse before the time for election has expired.  
    (b) The surviving spouse shall give notice of the time and 
place set for hearing to persons interested in the estate and to 
the distributees and recipients of portions of the augmented net 
estate whose interests will be affected by the taking of the 
elective share.  
    (c) The surviving spouse may withdraw his demand for an 
elective share at any time before entry of an order by the court 
determining the elective share.  
    (d) After notice and hearing, the court shall determine the 
amount of the elective share and shall order its payment from 
the assets of the augmented net estate or by contribution as 
appears appropriate under section 524.2-207.  If it appears that 
a fund or property included in the augmented net estate has not 
come into the possession of the personal representative, or has 
been distributed by the personal representative, the court 
nevertheless shall fix the liability of any person who has any 
interest in the fund or property or who has possession thereof, 
whether as trustee or otherwise.  The proceeding may be 
maintained against fewer than all persons against whom relief 
could be sought, but no person is subject to contribution in any 
greater amount than he would have been if relief had been 
secured against all persons subject to contribution.  
    (e) The order or judgment of the court may be enforced as 
necessary in suit for contribution or payment in other courts of 
this state or other jurisdictions.  
    (f) Whether or not an election has been made under 
subsection (a), the surviving spouse may elect statutory rights 
in the homestead by filing in the manner provided in this 
section a petition in which the spouse asserts the rights 
provided in section 525.145, provided that: 
    (1) when the homestead is subject to a testamentary 
disposition, the filing must be within nine months after the 
date of death, or within six months after the probate of the 
decedent's will, whichever limitation last expires; or 
    (2) where the homestead is subject to other disposition, 
the filing must be within nine months after the date of death. 
    The court may extend the time for election for cause shown 
by the surviving spouse before the time for filing has expired.  
    Sec. 4.  Minnesota Statutes 1985 Supplement, section 
525.145, is amended to read: 
    525.145 [DESCENT OF HOMESTEAD.] 
    (1) Where there is a surviving spouse the homestead, 
including a manufactured home which is the family residence, 
shall descend free from any testamentary or other disposition 
thereof to which the spouse has not consented in writing or by 
election to take under the will as provided by law, as follows: 
    (a) if there be no surviving child or issue of any deceased 
child, to the spouse; 
    (b) if there be children or issue of deceased children 
surviving, then to the spouse for the term of the spouse's 
natural life and the remainder in equal shares to the children 
and the issue of deceased children by right of representation. 
    (2) Where there is no surviving spouse and the homestead 
has not been disposed of by will it shall descend as other real 
estate. 
    (3) Where the homestead passes by descent or will to the 
spouse or children or issue of deceased children, it shall be 
exempt from all debts which were not valid charges thereon at 
the time of decedent's death except that the homestead shall be 
subject to a claim filed pursuant to section 246.53 for state 
hospital care or 256B.15 for medical assistance benefits.  If 
the homestead passes to a person other than a spouse or child or 
issue of a deceased child, it shall be subject to the payment of 
the items mentioned in section 524.2-101.  No lien or other 
charge against any homestead which is so exempted shall be 
enforced in the probate court, but the claimant may enforce the 
lien or charge by an appropriate action in the district court. 
    (4) For purposes of this section, except as provided in 
section 524.2-301, the surviving spouse is deemed to consent to 
any testamentary or other disposition of the homestead to which 
the spouse has not previously consented in writing unless the 
spouse files in the manner provided in section 524.2-205, 
subsection (f), a petition that asserts the homestead rights 
provided to the spouse by this section.  
    Sec. 5.  Minnesota Statutes 1984, section 525.539, is 
amended by adding a subdivision to read: 
    Subd. 7.  [BEST INTERESTS OF THE WARD OR CONSERVATEE.] 
"Best interests of the ward or conservatee" means all relevant 
factors to be considered or evaluated by the court in nominating 
a guardian or conservator, including but not limited to: 
    (1) the reasonable preference of the ward or conservatee, 
if the court determines the ward or conservatee has sufficient 
capacity to express a preference; 
    (2) the interaction between the proposed guardian or 
conservator and the ward or conservatee; and 
    (3) the interest and commitment of the proposed guardian or 
conservator in promoting the welfare of the ward or conservatee 
and the proposed guardian's or conservator's ability to maintain 
a current understanding of the ward's or conservatee's physical 
and mental status and needs.  In the case of a ward or a 
conservatorship of the person, welfare includes: 
    (i) food, clothing, shelter, and appropriate medical care; 
    (ii) social, emotional, religious, and recreational 
requirements; and 
    (iii) training, education, and rehabilitation.  
    Kinship is not a conclusive factor in determining the best 
interests of the ward or conservatee but should be considered to 
the extent that it is relevant to the other factors contained in 
this subdivision. 
    Sec. 6.  Minnesota Statutes 1984, section 525.544, is 
amended to read: 
    525.544 [PLANNING PROVISIONS NOMINATION OR APPOINTMENT OF 
GUARDIAN OR CONSERVATOR.] 
    Subdivision 1.  [BY PROPOSED WARD OR CONSERVATEE.] In the 
petition or in a written instrument executed before or after the 
petition is filed, the person proposed ward or conservatee may, 
if at the time of signing the same, he the person has sufficient 
capacity to form an intelligent preference, nominate a 
conservator or guardian or give instructions to the conservator 
or guardian or he may do both.  The written instrument shall be 
executed and attested in the same manner as a will.  The court 
shall appoint the person so nominated as conservator or guardian 
and shall charge him the person with the instructions, unless 
the court finds that the appointment of the nominee or the 
instructions or both are not in the best interests of the person 
to be placed under conservatorship or guardianship proposed ward 
or conservatee. 
    Subd. 2.  [OTHER CASES.] When any person If the proposed 
ward or conservatee lacks capacity or fails to nominate a 
conservator or guardian, the court may appoint any a qualified 
person if the court finds that the person's appointment is in 
the best interests of the proposed ward or conservatee.  The 
court shall consider the interest of a prospective guardian or 
conservator in the welfare of the proposed ward or conservatee.  
Kinship, while a factor, shall not be conclusive in making the 
appointment.  If the proposed ward or conservatee lacks capacity 
or fails to give instructions, the court may give such the 
guardian or conservator powers as required in accordance with 
section 525.56. 
    Sec. 7.  Minnesota Statutes 1984, section 525.551, 
subdivision 5, is amended to read: 
    Subd. 5.  [FINDINGS.] In all cases the court shall find the 
facts specifically make specific written findings of fact, state 
separately its conclusions of law thereon, and direct the entry 
of an appropriate judgment or order. 
    If upon completion of the hearing and consideration of the 
record the court finds:  (a) that the requirements for the 
voluntary appointment of a conservator or guardian have been 
met, or (b) (1) that the proposed ward or conservatee is 
incapacitated as defined in section 525.54; and (2) in need of 
the supervision and protection of a guardian or conservator; and 
(3) that no appropriate alternatives to the guardianship or 
conservatorship exist which are less restrictive of the person's 
civil rights and liberties, such as those set forth in section 
525.54, subdivision 7, it shall enter its order or judgment 
granting all of the powers set out in section 525.56, 
subdivision 3, in the case of a guardian of the person, and 
section 525.56, subdivision 4, in the case of a guardian of the 
estate, or specifying the powers of the conservator pursuant to 
section 525.56.  The court shall make a finding that appointment 
of the person chosen as guardian or conservator is in the best 
interests of the ward or conservatee.  Except as provided in 
section 525.544, subdivision 1, if more than one person has 
petitioned the court to serve as guardian or conservator, or if 
the petition is contested, the court shall make a finding that 
the person to be appointed as guardian or conservator is the 
most suitable and best qualified person among those who have 
indicated to the court that they are available and willing to 
discharge the trust are available before making the appointment. 
The court's finding as to the best available guardian must 
specifically address the reasons for the court's determination 
that the appointment of that person is in the best interests of 
the ward or conservatee. 
    The court may enumerate in its findings which legal rights 
the proposed ward or conservatee is incapable of exercising. 
    Sec. 8.  Minnesota Statutes 1984, section 525.61, is 
amended to read: 
    525.61 [RESTORATION TO CAPACITY; MODIFICATION OF 
GUARDIANSHIP OR CONSERVATORSHIP.] 
    Subdivision 1.  [GENERAL.] Any adult person who is under 
guardianship or conservatorship or his guardian or conservator, 
or any other person may petition the court in which he was so 
adjudicated to be restored to capacity or to have a guardianship 
transferred to a conservatorship or to modify the guardianship 
or conservatorship.  Upon the filing of the petition, the court 
shall fix the time and place for the hearing thereof, notice of 
which shall be given to the ward or conservatee, guardian or 
conservator, and to those other persons and in a manner provided 
in section 525.55.  
    Subd. 2.  [RESTORATION TO CAPACITY.] To obtain an order of 
restoration to capacity the petitioner must prove by a 
preponderance of the evidence that the ward or conservatee is no 
longer incapacitated as defined in section 525.54, and is able 
to make provisions for his care or manage his property.  If a 
ward or conservatee has the functional ability to care for 
himself or for his property, or to make provisions for his care 
or the care of his property, the fact that he may be impaired to 
some extent by a mental condition shall not preclude his 
restoration to capacity.  In any proceedings for restoration, 
the court may appoint one person duly licensed by a health 
related licensing board and one accredited social worker with 
expertise in evaluating persons who have the disabilities 
similar to those found to be the reason for the ward's or 
conservatee's incapacity, to assist in the determination of his 
mental condition and functional ability to care for himself or 
his property.  The court shall allow and order paid to each 
health professional and social worker a reasonable sum for his 
services.  Upon the order, the county auditor shall issue a 
warrant on the county treasurer for the payment thereof. 
    Subd. 3.  [APPOINTMENT OF NEW GUARDIAN OR 
CONSERVATOR.] Upon a motion to remove a guardian or conservator 
and appoint a new guardian or conservator, the court shall 
consider whether the existing guardian or conservator has 
performed the applicable duties and whether the continued 
appointment of the guardian or conservator is in the best 
interests of the ward or conservatee.  The court shall appoint a 
new guardian or conservator if it finds that: 
    (1) the existing guardian or conservator has failed to 
perform the duties associated with the guardianship or 
conservatorship or to provide for the best interests of the ward 
or conservatee; and 
    (2) the best interests of the ward or conservatee will be 
better served by the appointment of a new guardian or 
conservator. 
    The court's decision must include the specific findings 
required by section 525.551, subdivision 5.  
    Sec. 9.  [EFFECTIVE DATE.] 
    Article 3, sections 1 to 4 are effective for estates of 
decedents dying after December 31, 1986. 
    Laws 1986, chapter 442, sections 8 and 10 are effective 
August 1, 1987. 

                               ARTICLE 4 
    Section 1.  Minnesota Statutes 1984, section 16A.72, is 
amended to read: 
    16A.72 [INCOME CREDITED TO GENERAL FUND; EXCEPTIONS.] 
    All income, including fees or receipts of any nature, shall 
be credited to the general fund, except:  
    (1) federal aid;  
    (2) contributions, or reimbursements received for any 
account of any division or department for which an appropriation 
is made by law;  
    (3) income to the University of Minnesota;  
    (4) income to revolving funds now established in 
institutions under the control of the commissioners of 
corrections or human services;  
    (5) investment earnings resulting from the master lease 
program, except that the amount credited to another fund or 
account may not exceed the amount of the additional expense 
incurred by that fund or account through participation in the 
master lease program; 
    (6) receipts from the operation of patients' and inmates' 
stores and vending machines, which shall be deposited in the 
social welfare fund in each institution for the benefit of the 
patients and inmates;  
    (6) (7) money received in payment for services of inmate 
labor employed in the industries carried on in the state 
correctional facilities which receipts shall be credited to the 
current expense fund of those facilities;  
    (7) (8) as provided in sections 16B.57 and 85.22; or 
    (8) (9) as otherwise provided by law. 
    Sec. 2.  Minnesota Statutes 1985 Supplement, section 
16B.61, subdivision 3, is amended to read: 
    Subd. 3.  [SPECIAL REQUIREMENTS.] (a) [SPACE FOR COMMUTER 
VANS.] The code must require that any parking ramp or other 
parking facility constructed in accordance with the code include 
an appropriate number of spaces suitable for the parking of 
motor vehicles having a capacity of seven to 16 persons and 
which are principally used to provide prearranged commuter 
transportation of employees to or from their place of employment 
or to or from a transit stop authorized by a local transit 
authority.  
    (b) [SMOKE DETECTION DEVICES.] The code must require that 
all dwellings, lodging houses, apartment houses, and hotels as 
defined in section 299F.362 comply with the provisions of 
section 299F.362.  
    (c) [DOORS IN NURSING HOMES AND HOSPITALS.] The state 
building code may not require that each door entering a sleeping 
or patient's room from a corridor in a nursing home or hospital 
with an approved complete standard automatic fire extinguishing 
system be constructed or maintained as self-closing or 
automatically closing.  
    (d) A licensed day care center serving fewer than 30 
preschool age persons and which is located in a below ground 
space in a church building is exempt from the state building 
code requirement for a ground level exit when the center has 
more than two stairways to the ground level and its exit.  
    (e) [MINED UNDERGROUND SPACE.] Nothing in the state 
building codes shall prevent cities from adopting regulations 
governing the excavation, construction, reconstruction, 
alteration and repair of mined underground space pursuant to 
sections 472B.03 to 472B.07, or of associated facilities in the 
space once the space has been created, provided the intent of 
the building code to establish reasonable safeguards for health, 
safety, welfare, comfort, and security is maintained. 
    (f) No provision of the code or any appendix chapter of the 
code may require stairways of existing multiple dwelling 
buildings of two stories or less to be enclosed.  
    Sec. 3.  Minnesota Statutes 1984, section 44A.01, 
subdivision 1, is amended to read: 
    Subdivision 1.  [MEMBERSHIP.] (a) A world trade center 
board is created to facilitate and support Minnesota world trade 
center programs and services and promote the growth of 
international trade in Minnesota.  The world trade center board 
consists of nine voting members and four legislators serving as 
nonvoting members.  Three members are representatives of the 
membership of the Minnesota world trade center, one member is a 
representative of the international business community, and one 
member is a representative of the agricultural community.  
    (b) The initial voting members are appointed by the 
governor with the advice and consent of the senate for a term 
expiring.  The terms of five of the initial voting members shall 
expire the first Monday in January 1987.  The terms of the 
remaining four initial voting members shall expire the first 
Monday in January 1989.  A vacancy is filled in the same manner 
as the appointment.  
    (c) Legislator members are two members of the senate 
appointed under the rules of the senate and two members of the 
house of representatives appointed by the speaker.  Except for 
the initial members, who are to be appointed following 
enactment, they are appointed at the beginning of each regular 
session of the legislature for two-year terms.  A legislator who 
remains a member of the body from which he was appointed may 
serve until a successor is appointed and qualifies.  A vacancy 
in a legislator member's term is filled for the unexpired 
portion of the term in the same manner as the original 
appointment.  
    Sec. 4.  Minnesota Statutes 1984, section 44A.02, is 
amended to read:  
    44A.02 [EXECUTIVE DIRECTOR PRESIDENT.] 
    Subdivision 1.  [SELECTION.] The executive director 
president of the world trade center board is selected by a 
majority of the board and serves at the pleasure of the board.  
The executive director president must be familiar with the 
international business community, and have demonstrated 
proficiency in communication skills, administration and 
management, and public and private joint ventures.  The salary 
of the executive director president is set by the board within 
the limit set by sections 15A.081, subdivision 1, and 43A.17.  
    Subd. 2.  [DUTIES.] The executive director president is the 
chief administrative officer of the board and is responsible for 
performing the executive duties of the board.  The executive 
director president is not a member of the board.  
    Subd. 3.  [EMPLOYEES.] The executive director president may 
appoint unclassified employees in accordance with chapter 43A 
and prescribe their duties.  The executive director president 
may delegate to a subordinate the exercise of specified 
statutory powers or duties as the executive director president 
deems advisable, subject to the control of the executive 
director president. 
    Sec. 5.  [44A.031] [PROMOTIONAL EXPENSES.] 
    The world trade center board may expend money in the world 
trade center fund, and any other money appropriated by the 
legislature, for the purpose of promotion of world trade in 
Minnesota.  Promotional expenses include, but are not limited 
to, expenses for the food, lodging and travel of consultants and 
speakers hired by the board, and publications and other forms of 
advertising.  Promotional expenditures may be made in the same 
manner as expenditures made by private persons, firms, 
corporations, or associations for similar purposes, and are not 
subject to regulation by the commissioner of employee relations. 
    Sec. 6.  Minnesota Statutes 1984, section 44A.07, 
subdivision 1, is amended to read: 
    Subdivision 1.  [SERVICES.] The world trade center board 
may:  
    (1) define, formulate, administer, and deliver programs and 
services through the world trade center;  
    (2) provide and contract for services and programs through 
the world trade center, including:  a library and research 
service providing information on world trade; a trade lead 
service, providing and authenticating information about 
international trade opportunities; a club for world trade center 
club members; telecommunications services; translation and 
interpretation services; temporary secretarial and other 
business services; language instruction; educational conferences 
and seminars; and other programs and services that serve the 
purposes of the world trade center, in the determination of the 
board;  
    (3) establish and charge fees for services and programs 
provided without regard to chapter 14 and section 16A.128;  
    (4) establish membership requirements for Minnesota world 
trade center operations without regard to chapter 14;  
    (5) establish satellite operations of the Minnesota world 
trade center;  
    (6) maintain active membership in the world trade center 
association;  
    (7) create an international communication network to 
coordinate international trade information and activities;  
    (8) compile international trade information from, among 
other places, the United States Department of Commerce and 
private sources, and provide marketing information to business 
persons;  
    (9) assist public and private universities or colleges to 
develop undergraduate or graduate level education programs to 
train persons regarding export trading; and 
    (10) coordinate the international trading activities of 
state and local agencies and organizations. 
    Sec. 7.  [44A.08] [SERVICE INFORMATION; CLASSIFICATION OF 
DATA.] 
    Subdivision 1.  [SERVICE INFORMATION.] Information, 
including data bases, purchased by the board or developed by the 
board for sale pursuant to section 44A.07, is not subject to 
chapter 13. 
    Subd. 2.  [CLASSIFICATION OF DATA.] For purposes of this 
subdivision, "business transaction" means a transaction between 
parties other than the board.  The following data received or 
developed by the board is private with respect to data on 
individuals and nonpublic with respect to data not on 
individuals: 
    (1) Data relating to the financial condition of individuals 
or businesses receiving or performing services by or on behalf 
of the board. 
    (2) At the request of either party to the transaction data 
on business transactions. 
    (3) At the request of the person or business seeking the 
information, the identities of persons or businesses requesting 
business or trade information from the board, and the nature of 
the trade information. 
    Sec. 8.  [138.97] [LABOR INTERPRETATIVE CENTER.] 
    Subdivision 1.  [PUBLIC POLICY.] The legislature declares 
that it is an important purpose and function of state government 
to preserve and interpret the story of the worker and their 
institutions in Minnesota and enrich the people's knowledge of 
the many contributions of the labor movement and how the history 
of working people in Minnesota has shaped the state's history. 
    Subd. 2.  [ESTABLISHMENT.] There is established a labor 
interpretative center as a part of the Minnesota historical 
society's state history center within the state capitol complex 
as defined in Minnesota Statutes, section 15.50, subdivision 2.  
    Subd. 3.  [GOVERNANCE.] The center shall be developed 
during its planning phase under the guidance of a labor 
interpretative task force whose chair is appointed by the 
governor.  The chair shall select the members of the task 
force.  The task force shall complete its work within 18 months 
of the effective date of this section.  The task force shall 
dissolve after the 18 months or when its work is completed, 
whichever is sooner.  An advisory council shall be appointed by 
the director of the Minnesota historical society after the 
dissolution of the task force to assist the director with the 
operation of the center.  
    Subd. 4.  [ADMINISTRATION.] The center shall be 
administered by an administrator appointed by the director of 
the Minnesota historical society.  The administrator will be 
chosen solely on the basis of training, experience, and proven 
competence in the field of American labor history. 
    Subd. 5.  [PROGRAM.] The program of the labor 
interpretative center may be carried out by exhibit, 
audio-visual programs, research, publication, and public 
programs, or other activities as recommended by the advisory 
council. 
    Subd. 6.  [OPERATION.] The operation of the center shall be 
consistent with statutes and policies governing the Minnesota 
historical society.  
    Subd. 7.  [FUNDING.] The cost for capital improvements for 
the labor interpretative center are not part of the total cost 
of the state history center for the purpose of the cost 
limitation specified in Laws 1985, first special session chapter 
15, section 11. 
    Sec. 9.  Minnesota Statutes 1984, section 169.44, is 
amended by adding a subdivision to read: 
    Subd. 1d.  [OPTIONAL SYSTEM.] In addition to equipment 
required under subdivision 1a and notwithstanding the provisions 
of sections 169.64, a school bus may be equipped with a 
driver-activated student control warning system which includes a 
high-intensity red flashing signal, an audible warning signal 
and a green all-clear signal, and may activate such a system 
whenever the use of the stop signal arm and flashing red signals 
is required under subdivision 2. 
    Sec. 10.  Minnesota Statutes 1984, section 299F.011, is 
amended by adding a subdivision to read: 
    Subd. 4b.  The uniform fire code shall not require 
stairways of existing multiple dwelling buildings of two stories 
or less to be enclosed.  For the purposes of this subdivision 
the term "stories" has the meaning given it in the state 
building code. 
    Sec. 11.  [CLOQUET WATER SUPPLY; APPROPRIATION.] 
    Notwithstanding any other law to the contrary, $200,000 of 
the appropriation made available by Laws 1982, Third Special 
Session chapter 1, article 2, section 2, subdivision 4, clause 
(d), for the construction or alteration of the Cloquet water 
supply is available to June 30, 1988. 
    Sec. 12.  [APPROPRIATION.] 
    The appropriation in Laws 1985, First Special Session 
chapter 10, section 4, subdivision 10, to the crime victims 
reparations board, is available in either year of the biennium. 
    Sec. 13.  [REPEALER.] 
    Subdivision 1.  Laws 1986, chapter 452, section 20, is 
repealed.  
    Subd. 2.  Subdivision 1 is effective the day following 
final enactment. 
    Sec. 14.  [EFFECTIVE DATE.] 
    Sections 2 and 10 are effective the day following final 
enactment. 
    Approved April 11, 1986


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