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1996 Minnesota Session Laws

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                            CHAPTER 305-H.F.No. 2938 
                  An act relating to Minnesota Statutes; correcting 
                  erroneous, ambiguous, and omitted text and obsolete 
                  references; eliminating certain redundant, 
                  conflicting, and superseded provisions; making 
                  miscellaneous technical corrections to statutes and 
                  other laws; amending Minnesota Statutes 1994, sections 
                  10A.27, subdivision 1; 13.99, subdivisions 8a and 19c; 
                  14.47, subdivision 1; 17.03, subdivision 10; 18.54, 
                  subdivisions 1 and 2; 18B.39; 18E.05, subdivision 1; 
                  21.92; 32.417; 41A.023; 41A.04, subdivision 4; 
                  44A.0311; 48.301; 60B.39, subdivision 5; 62D.02, 
                  subdivision 4; 62D.12, subdivisions 12 and 13; 62E.04, 
                  subdivision 8; 62E.09; 62I.22, subdivision 6; 72C.07, 
                  subdivision 1; 83.23, subdivisions 2 and 3; 83.24, 
                  subdivisions 3 and 5; 83.26, subdivision 1; 83.28, 
                  subdivision 2; 83.30, subdivision 1; 83.31, 
                  subdivisions 1 and 3; 83.39, subdivision 1; 85A.02, 
                  subdivision 5b; 97B.025; 103G.301, subdivision 3; 
                  103I.101, subdivision 5; 103I.525, subdivisions 8 and 
                  9; 103I.531, subdivisions 8 and 9; 103I.535, 
                  subdivision 8; 103I.541, subdivisions 4 and 5; 
                  115A.156, subdivision 3; 115B.223, subdivision 2; 
                  115C.07, subdivision 3; 116C.834, subdivision 1; 
                  116J.403; 116J.63, subdivision 2; 116J.68, subdivision 
                  2; 129D.14, subdivision 5; 136D.23, subdivisions 1 and 
                  2; 136D.83, subdivisions 1 and 2; 144.98, subdivision 
                  4; 145.61, subdivision 5; 145.889; 145.97; 148B.17; 
                  148B.61, subdivision 2; 148B.64, subdivision 2; 
                  148B.69, subdivision 1; 160.265, subdivision 2; 
                  161.1231, subdivision 5; 169.128; 176.021, subdivision 
                  7; 176.129, subdivisions 4a and 13; 176.225, 
                  subdivision 2; 176.83, subdivision 7; 177.24, 
                  subdivisions 1 and 4; 177.27, subdivision 6; 182.675; 
                  183.375, subdivision 5; 183.411, subdivisions 2a and 
                  3; 183.545; 197.447; 198.002, subdivision 2; 198.003, 
                  subdivision 1; 205A.13; 216A.037, subdivision 3; 
                  216B.164, subdivision 6; 216C.10; 216C.14, subdivision 
                  3; 216C.15, subdivision 2; 216C.37, subdivision 7; 
                  223.17, subdivision 3; 239.101, subdivision 4; 240.24, 
                  subdivision 2; 240A.03, subdivision 10; 254B.041, 
                  subdivision 2; 256.871, subdivision 7; 256.9753, 
                  subdivision 3; 256.991; 256B.431, subdivision 22; 
                  256B.501, subdivisions 5a and 10; 256B.502; 256B.503; 
                  256B.74, subdivision 10; 268.166; 268.37, subdivision 
                  3; 270.84, subdivision 1; 270A.12; 270B.07, 
                  subdivision 4; 284.28, subdivisions 5 and 6; 298.39; 
                  299L.07, subdivision 8; 299M.04; 308A.135, subdivision 
                  3; 325D.01, subdivision 1; 325D.69, subdivision 2; 
                  325D.70; 325F.20, subdivision 1; 326.47, subdivision 
                  6; 326.86, subdivision 1; 349A.02, subdivision 6; 
                  352.75, subdivision 6; 352B.26, subdivision 3; 
                  353.271, subdivision 2; 353.84; 354.094, as amended; 
                  354.53, subdivision 1; 354.55, subdivisions 14 and 15; 
                  354.66, subdivisions 1 and 6; 354A.092; 354A.093; 
                  355.391, subdivision 1; 355.392, subdivisions 2 and 3; 
                  356.86, subdivision 2; 356.865, subdivision 2; 363.06, 
                  subdivision 4a; 402.01, subdivision 1; 422A.06, 
                  subdivision 5; 462A.06, subdivision 11; 462A.07, 
                  subdivision 14; 462A.08, subdivision 3; 462A.236; 
                  469.141, subdivision 2; 473.446, subdivision 2; 
                  473.516, subdivision 3; 473.545; 473.639; 480A.06, 
                  subdivision 3; 524.3-101; 524.3-108; 524.3-901; 
                  524.3-1204; 525.712; 550.15; 583.285; 624.7132, 
                  subdivision 8; 626A.13, subdivision 4; and 629.68; 
                  Minnesota Statutes 1995 Supplement, sections 13.99, 
                  subdivision 19h; 15.0591, subdivision 2; 15.991, 
                  subdivision 1; 16A.6701, subdivision 1; 16B.43, 
                  subdivision 1; 16B.748; 41A.066, subdivision 1; 
                  43A.191, subdivision 3; 43A.24, subdivision 2; 47.60, 
                  subdivision 4; 62A.307, subdivision 2; 62L.045, 
                  subdivision 1; 62M.09, subdivision 5; 72C.03; 79A.31, 
                  subdivision 1; 83.26, subdivision 2; 84.9691; 
                  97A.0453; 103B.231, subdivision 3; 103G.301, 
                  subdivision 2; 116.07, subdivisions 4 and 4d; 121.703, 
                  subdivision 2; 144.057, subdivision 1; 144A.071, 
                  subdivision 2; 144A.073, subdivision 8; 144D.06; 
                  148C.03, subdivision 1; 151.37, subdivision 2; 237.16, 
                  subdivision 11; 256.737, subdivision 1a; 256D.01, 
                  subdivision 1b; 275.065, subdivision 6; 276.04, 
                  subdivision 2; 295.50, subdivision 4; 297A.25, 
                  subdivision 11; 326.50; 336.9-411; 354.05, subdivision 
                  5; 354.63, subdivision 2; 354A.094, subdivision 4; 
                  354D.01, subdivision 2; 354D.06; 462A.201, subdivision 
                  2; 474.191; 525.6197; 609.101, subdivision 2; 609.485, 
                  subdivisions 2 and 4; and 626.557, subdivision 16; 
                  Laws 1995, chapters 159, section 1; 202, article 4, 
                  section 24; and 212, article 4, section 65; First 
                  Special Session chapter 3, article 8, section 25, 
                  subdivision 6; repealing Minnesota Statutes 1994, 
                  sections 13.99, subdivisions 2 and 39a; 148B.60, 
                  subdivision 6; 177.28, subdivision 4; 222.61; 
                  254B.041, subdivision 1; 289A.60, subdivision 9; 
                  349.218; 471.6161, subdivision 7; 473.604, subdivision 
                  7; and 473.704, subdivision 6; Laws 1991, chapter 354, 
                  article 6, section 7, subdivisions 2 and 3; Laws 1995, 
                  chapters 186, sections 38 and 78; 224, sections 117, 
                  118, 119, 120, and 121; 234, article 3, section 3; 
                  247, article 1, section 44; 248, article 10, section 
                  15; and 259, article 3, section 7, subdivision 2.  
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
                                   ARTICLE 1 
                                    GENERAL 
           Section 1.  Minnesota Statutes 1994, section 10A.27, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CONTRIBUTION LIMITS.] Except as provided 
        in subdivisions subdivision 2 and 6, no candidate shall permit 
        the candidate's principal campaign committee to accept aggregate 
        contributions made or delivered by any individual, political 
        committee, or political fund in excess of the following: 
           (a) to candidates for governor and lieutenant governor 
        running together, $2,000 in an election year for the office 
        sought and $500 in other years; 
           (b) to a candidate for attorney general, $1,000 in an 
        election year for the office sought and $200 in other years; 
           (c) to a candidate for the office of secretary of state, 
        state treasurer or state auditor, $500 in an election year for 
        the office sought and $100 in other years; 
           (d) to a candidate for state senator, $500 in an election 
        year for the office sought and $100 in other years; and 
           (e) to a candidate for state representative, $500 in an 
        election year for the office sought and $100 in the other year. 
           The following deliveries are not subject to the bundling 
        limitation in this subdivision: 
           (1) delivery of contributions collected by a member of the 
        candidate's principal campaign committee, such as a block worker 
        or a volunteer who hosts a fund raising event, to the 
        committee's treasurer; and 
           (2) a delivery made by an individual on behalf of the 
        individual's spouse.  
           Sec. 2.  [REPEALER.] 
           Minnesota Statutes 1994, section 13.99, subdivision 2, is 
        repealed.  
           Sec. 3.  Minnesota Statutes 1994, section 13.99, 
        subdivision 8a, is amended to read: 
           Subd. 8a.  [DAIRY PRODUCT DATA.] Financial and production 
        information obtained by the commissioner of agriculture to 
        administer chapter 34 32 are classified under section 32.71, 
        subdivision 2. 
           Sec. 4.  Minnesota Statutes 1994, section 13.99, 
        subdivision 19c, is amended to read: 
           Subd. 19c.  [DATA ANALYSIS HEALTH DATA AND RESEARCH 
        INITIATIVES.] Data collected by the data analysis 
        unit commissioner of health for data and research initiatives 
        are classified under section 62J.30 62J.321, subdivision 7 5. 
           Sec. 5.  Minnesota Statutes 1995 Supplement, section 13.99, 
        subdivision 19h, is amended to read: 
           Subd. 19h.  [HEALTH CARE COST CONTAINMENT.] Data required 
        to be submitted under health care cost containment provisions 
        are classified by sections 62J.35, subdivision 3 62J.321, 
        subdivision 5, and 62J.45, subdivision 4a 62J.452, subdivision 2.
           Sec. 6.  [REPEALER.] 
           Minnesota Statutes 1994, section 13.99, subdivision 39a, is 
        repealed. 
           Sec. 7.  Minnesota Statutes 1995 Supplement, section 
        15.0591, subdivision 2, is amended to read: 
           Subd. 2.  [BODIES AFFECTED.] A member meeting the 
        qualifications in subdivision 1 must be appointed to the 
        following boards, commissions, advisory councils, task forces, 
        or committees:  
           (1) advisory council on battered women; 
           (2) advisory task force on the use of state facilities; 
           (3) alcohol and other drug abuse advisory council; 
           (4) board of examiners for nursing home administrators; 
           (5) board on aging; 
           (6) chiropractic examiners board; 
           (7) consumer advisory council on vocational rehabilitation; 
           (8) council on disability; 
           (9) council on affairs of Spanish-speaking people; 
           (10) council on black Minnesotans; 
           (11) dentistry board; 
           (12) department of economic security advisory council; 
           (13) higher education services office; 
           (14) housing finance agency; 
           (15) Indian advisory council on chemical dependency; 
           (16) medical practice board; 
           (17) medical policy directional task force on mental 
        health; 
           (18) Minnesota employment and economic development task 
        force; 
           (19) Minnesota office of citizenship and volunteer services 
        advisory committee; 
           (20) Minnesota state arts board; 
           (21) mortuary sciences advisory council; 
           (22) nursing board; 
           (23) optometry board; 
           (24) pharmacy board; 
           (25) physical therapists council; 
           (26) podiatry board; 
           (27) psychology board; 
           (28) veterans advisory committee. 
           Sec. 8.  Minnesota Statutes 1995 Supplement, section 
        15.991, subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] For purposes of this section 
        and section 15.992: 
           (1) "business license" or "license" has the meaning given 
        it in section 116J.70, subdivision 2, and also includes licenses 
        and other forms of approval listed in section 116J.70, 
        subdivision 2a, clauses (7) and (8), but does not include those 
        listed in subdivision 2a, clauses (1) to (6); 
           (2) "customer" means an individual; a small business as 
        defined in section 645.445, but also including a nonprofit 
        corporation that otherwise meets the criteria in that section; a 
        family farm, family farm corporation, or family farm partnership 
        as defined in section 500.24, subdivision 2; or a political 
        subdivision as defined in section 3.881 103G.005, subdivision 2 
        14a; 
           (3) "initial agency" means the state agency to which a 
        customer submits an application for a license or inquires about 
        submitting an application; and 
           (4) "responsible agency" means the initial agency or 
        another state agency that agrees to be designated the 
        responsible agency. 
           Sec. 9.  Minnesota Statutes 1995 Supplement, section 
        16A.6701, subdivision 1, is amended to read: 
           Subdivision 1.  [STATE LICENSE AND SERVICE FEES.] For 
        purposes of section 16A.665 16A.67, subdivision 3, and this 
        section, the term "state license and service fees" means, and 
        refers to, all license fees, service fees, and charges imposed 
        by law and collected by any state officer, agency, or employee, 
        which are listed below or which are defined as departmental 
        earnings under section 16A.1285, subdivision 1, and the use of 
        which is not otherwise restricted by law, and which are not 
        required to be credited or transferred to a fund other than the 
        general fund:  
           Minnesota Statutes 1994, sections 3.9221; 5.12; 5.14; 5.16; 
        5A.04; 6.58; 13.03, subdivision 10; 16A.155; 16A.48; 16A.54; 
        16A.72; 16B.59; 16B.70; 17A.04; 18.51, subdivision 2; 18.53; 
        18.54; 18C.551; 19.58; 19.64; 27.041, subdivision 2, clauses (d) 
        and (e); 27.07, subdivision 5; 28A.08; 32.071; 32.075; 32.392; 
        35.71; 35.824; 35.95; 41C.12; 45.027, subdivisions 3 and 6; 
        46.041, subdivision 1; 46.131, subdivisions 2, 7, 8, 9, and 10; 
        47.101, subdivision 2; 47.54, subdivisions 1 and 4; 47.62, 
        subdivision 4; 47.65; 48.475, subdivision 1; 48.61, subdivision 
        7; 48.93; 49.36, subdivision 1; 52.01; 52.203; 53.03, 
        subdivisions 1, 5, and 6; 53.09, subdivision 1; 53A.03; 53A.05, 
        subdivision 1; 53A.081, subdivision 3; 54.294, subdivision 1; 
        55.04, subdivision 2; 55.095; 56.02; 56.04; 56.10; 59A.03, 
        subdivision 2; 59A.06, subdivision 3; 60A.14, subdivisions 1 and 
        2; 60A.23, subdivision 8; 60K.19, subdivision 5; 65B.48, 
        subdivision 3; 70A.14, subdivision 4; 72B.04, subdivision 10; 
        79.251, subdivision 5; 80A.28, subdivisions 1, 2, 3, 4, 5, 6, 7, 
        7a, 8, and 9; 80C.04, subdivision 1; 80C.07; 80C.08, subdivision 
        1; 80C.16, subdivisions 2 and 3; 80C.18, subdivision 2; 82.20, 
        subdivision 8 and 9; 82A.04, subdivision 1; 82A.08, subdivision 
        2; 82A.16, subdivisions 2 and 6; 82B.09, subdivision 1; 83.23, 
        subdivisions 2, 3, and 4; 83.25, subdivisions 1 and 2; 83.26, 
        subdivision 2; 83.30, subdivision 2; 83.31, subdivision 2; 
        83.38, subdivision 2; 85.052; 85.053; 85.055; 88.79, subdivision 
        2; 89.035; 89.21; 115.073; 115.77, subdivisions 1 and 2; 116.41, 
        subdivision 2; 116C.69; 116C.712; 116J.9673; 125.08; 136C.04, 
        subdivision 9; 155A.045; 155A.16; 168.27, subdivision 11; 
        168.33, subdivisions 3 and 7; 168.54; 168.67; 168.705; 168A.152; 
        168A.29; 169.345; 171.06, subdivision 2a; 171.29, subdivision 2; 
        176.102; 176.1351; 176.181, subdivision 2a; 177.30; 181A.12; 
        183.545; 183.57; 184.28; 184.29; 184A.09; 201.091, subdivision 
        5; 204B.11; 207A.02; 214.06; 216C.261; 221.0355; 239.101; 
        240.06; 240.07; 240.08; 240.09; 240.10; 246.51; 270.69, 
        subdivision 2; 270A.07; 272.484; 296.06; 296.12; 296.17; 297.04; 
        297.33; 299C.46; 299C.62; 299K.09; 299K.095; 299L.07; 299M.04; 
        300.49; 318.02; 323.44, subdivision 3; 325D.415; 326.22; 
        326.3331; 326.47; 326.50; 326.92, subdivisions 1 and 3; 327.33; 
        331A.02; 332.15, subdivisions 2 and 3; 332.17; 332.22, 
        subdivision 1; 332.33, subdivisions 3 and 4; 332.54, subdivision 
        7; 333.055; 333.20; 333.23; 336.9-413; 336A.04; 336A.05; 
        336A.09; 345.35; 345.43, subdivision 1; 345.44; 345.55, 
        subdivision 3; 347.33; 349.151; 349.161; 349.162; 349.163; 
        349.164; 349.165; 349.166; 349.167; 357.08; 359.01, subdivision 
        3; 360.018; 360.63; 386.68; and 414.01, subdivision 11; 
        Minnesota Statutes 1994, chapters 154; 216B; 237; 302A; 303; 
        308A; 317A; 322A; and 322B; Laws 1990, chapter 593; Laws 1993, 
        chapter 254, section 7; and Laws 1994, chapter 573, section 4; 
        Minnesota Rules, parts 1800.0500; 1950.1070; 2100.9300; 
        7515.0210; and 9545.2000 to 9545.2040. 
           Sec. 10.  Minnesota Statutes 1995 Supplement, section 
        16B.43, subdivision 1, is amended to read: 
           Subdivision 1.  [APPLICATION.] The authority of the 
        commissioner under sections 16B.40 to 16B.42, 16B.44, and 16B.45 
        applies to ESV-IS and to SDE-IS and computer-related services 
        provided to the department of children, families, and learning 
        by the department of administration's information services 
        bureau.  For purposes of this section, "ESV-IS" and "SDE-IS" 
        have the meanings given them in Minnesota Statutes 1994, section 
        121.93.  
           Sec. 11.  Minnesota Statutes 1995 Supplement, section 
        43A.191, subdivision 3, is amended to read: 
           Subd. 3.  [AUDITS; SANCTIONS AND INCENTIVES.] (a) The 
        commissioner shall annually audit the record of each agency to 
        determine the rate of compliance with affirmative action 
        requirements. 
           (b) By March 1 of each odd-numbered year, the commissioner 
        shall submit a report on affirmative action progress of each 
        agency and the state as a whole to the governor and to the 
        finance committee of the senate, the appropriations ways and 
        means committee of the house of representatives, the 
        governmental operations committees of both houses of the 
        legislature, and the legislative commission on employee 
        relations.  The report must include noncompetitive appointments 
        made under section 43A.08, subdivision 2a, or 43A.15, 
        subdivisions 3 to 13, and cover each agency's rate of compliance 
        with affirmative action requirements. 
           (c) An agency that does not meet its hiring goals must 
        justify its nonaffirmative action hires in competitive and 
        noncompetitive appointments according to criteria issued by the 
        department of employee relations.  "Missed opportunity" includes 
        failure to justify a nonaffirmative action hire.  An agency must 
        have 25 percent or less missed opportunities in competitive 
        appointments and 25 percent or less missed opportunities in 
        appointments made under sections 43A.08, subdivisions 1, clauses 
        (9), (11), and (16); and 2a; and 43A.15, subdivisions 3, 10, 12, 
        and 13.  In addition, an agency shall: 
           (1) demonstrate a good faith effort to recruit protected 
        group members by following an active recruitment plan; 
           (2) implement a coordinated retention plan; and 
           (3) have an established complaint resolution procedure. 
           (d) The commissioner shall develop reporting standards and 
        procedures for measuring compliance. 
           (e) An agency is encouraged to develop other innovative 
        ways to promote awareness, acceptance, and appreciation for 
        diversity and affirmative action.  These innovations will be 
        considered when evaluating an agency's compliance with this 
        section. 
           (f) An agency not in compliance with affirmative action 
        requirements of this section must identify methods and programs 
        to improve performance, to reallocate resources internally in 
        order to increase support for affirmative action programs, and 
        to submit program and resource reallocation proposals to the 
        commissioner for approval.  An agency must submit these 
        proposals within 120 days of being notified by the commissioner 
        that it is out of compliance with affirmative action 
        requirements.  The commissioner shall monitor quarterly the 
        affirmative action programs of an agency found to be out of 
        compliance. 
           (g) The commissioner shall establish a program to recognize 
        an agency that has made significant and measurable progress in 
        implementing an affirmative action plan. 
           Sec. 12.  Minnesota Statutes 1995 Supplement, section 
        43A.24, subdivision 2, is amended to read: 
           Subd. 2.  [OTHER ELIGIBLE PERSONS.] The following persons 
        are eligible for state paid life insurance and hospital, 
        medical, and dental benefits as determined in applicable 
        collective bargaining agreements or by the commissioner or by 
        plans pursuant to section 43A.18, subdivision 6, or by the board 
        of regents for employees of the University of Minnesota not 
        covered by collective bargaining agreements.  Coverages made 
        available, including optional coverages, are as contained in the 
        plan established pursuant to section 43A.18, subdivision 2: 
           (a) a member of the state legislature, provided that 
        changes in benefits resulting in increased costs to the state 
        shall not be effective until expiration of the term of the 
        members of the existing house of representatives.  An eligible 
        member of the state legislature may decline to be enrolled for 
        state paid coverages by filing a written waiver with the 
        commissioner.  The waiver shall not prohibit the member from 
        enrolling the member or dependents for optional coverages, 
        without cost to the state, as provided for in section 43A.26.  A 
        member of the state legislature who returns from a leave of 
        absence to a position previously occupied in the civil service 
        shall be eligible to receive the life insurance and hospital, 
        medical, and dental benefits to which the position is entitled; 
           (b) a permanent employee of the legislature or a permanent 
        employee of a permanent study or interim committee or commission 
        or a state employee on leave of absence to work for the 
        legislature, during a regular or special legislative session; 
           (c) a judge of the appellate courts or an officer or 
        employee of these courts; a judge of the district court, a judge 
        of county court, a judge of county municipal court, or a judge 
        of probate court; a district court referee, judicial officer, 
        court reporter, or law clerk; a district administrator; an 
        employee of the office of the district administrator that is not 
        in the second or fourth judicial district; a court administrator 
        or employee of the court administrator in the eighth judicial 
        district, and a guardian ad litem program administrator in the 
        eighth judicial district; 
           (d) a salaried employee of the public employees retirement 
        association; 
           (e) a full-time military or civilian officer or employee in 
        the unclassified service of the department of military affairs 
        whose salary is paid from state funds; 
           (f) a salaried employee of the Minnesota historical 
        society, whether paid from state funds or otherwise, who is not 
        a member of the governing board; 
           (g) an employee of the regents of the University of 
        Minnesota; 
           (h) notwithstanding section 43A.27, subdivision 3, an 
        employee of the state of Minnesota or the regents of the 
        University of Minnesota who is at least 60 and not yet 65 years 
        of age on July 1, 1982, who is otherwise eligible for employee 
        and dependent insurance and benefits pursuant to section 43A.18 
        or other law, who has at least 20 years of service and retires, 
        earlier than required, within 60 days of March 23, 1982; or an 
        employee who is at least 60 and not yet 65 years of age on July 
        1, 1982, who has at least 20 years of state service and retires, 
        earlier than required, from employment at Rochester state 
        hospital after July 1, 1981; or an employee who is at least 55 
        and not yet 65 years of age on July 1, 1982, and is covered by 
        the Minnesota state retirement system correctional employee 
        retirement plan or the state patrol retirement fund, who has at 
        least 20 years of state service and retires, earlier than 
        required, within 60 days of March 23, 1982.  For purposes of 
        this clause, a person retires when the person terminates active 
        employment in state or University of Minnesota service and 
        applies for a retirement annuity.  Eligibility shall cease when 
        the retired employee attains the age of 65, or when the employee 
        chooses not to receive the annuity that the employee has applied 
        for.  The retired employee shall be eligible for coverages to 
        which the employee was entitled at the time of retirement, 
        subject to any changes in coverage through collective bargaining 
        or plans established pursuant to section 43A.18, for employees 
        in positions equivalent to that from which retired, provided 
        that the retired employee shall not be eligible for state-paid 
        life insurance.  Coverages shall be coordinated with relevant 
        health insurance benefits provided through the federally 
        sponsored Medicare program; 
           (i) an employee of an agency of the state of Minnesota 
        identified through the process provided in this paragraph who is 
        eligible to retire prior to age 65.  The commissioner and the 
        exclusive representative of state employees shall enter into 
        agreements under section 179A.22 to identify employees whose 
        positions are in programs that are being permanently eliminated 
        or reduced due to federal or state policies or practices.  
        Failure to reach agreement identifying these employees is not 
        subject to impasse procedures provided in chapter 179A.  The 
        commissioner must prepare a plan identifying eligible employees 
        not covered by a collective bargaining agreement in accordance 
        with the process outlined in section 43A.18, subdivisions 2 and 
        3.  For purposes of this paragraph, a person retires when the 
        person terminates active employment in state service and applies 
        for a retirement annuity.  Eligibility ends as provided in the 
        agreement or plan, but must cease at the end of the month in 
        which the retired employee chooses not to receive an annuity, or 
        the employee is eligible for employer-paid health insurance from 
        a new employer.  The retired employees shall be eligible for 
        coverages to which they were entitled at the time of retirement, 
        subject to any changes in coverage through collective bargaining 
        or plans established under section 43A.18 for employees in 
        positions equivalent to that from which they retired, provided 
        that the retired employees shall not be eligible for state-paid 
        life insurance; 
           (j) employees of the state public defender's office, and 
        district public defenders and their employees other than in the 
        second and fourth judicial districts, with eligibility 
        determined by the state board of public defense in consultation 
        with the commissioner of employee relations; and 
           (k) employees of the health data institute under section 
        62J.45, subdivision 8 62J.451, subdivision 12, as paid for by 
        the health data institute. 
           Sec. 13.  Minnesota Statutes 1994, section 44A.0311, is 
        amended to read: 
           44A.0311 [WORLD TRADE CENTER CORPORATION ACCOUNT.] 
           The world trade center corporation account is in the 
        special revenue fund.  All money received by the corporation, 
        including money generated from the use of the conference and 
        service center, must be deposited in the account.  Money in the 
        account including interest earned is appropriated to the board 
        and must be used exclusively for corporation purposes.  Any 
        money remaining in the account after sale of the assets or 
        ownership of the corporation under Minnesota Statutes 1992, 
        section 44A.12, shall revert to the general fund. 
           Sec. 14.  Minnesota Statutes 1995 Supplement, section 
        47.60, subdivision 4, is amended to read: 
           Subd. 4.  [BOOKS OF ACCOUNT; ANNUAL REPORT; SCHEDULE OF 
        CHARGES; DISCLOSURES.] (a) A lender filing under subdivision 3 
        shall keep and use in the business books, accounts, and records 
        as will enable the commissioner to determine whether the filer 
        is complying with this section. 
           (b) A lender filing under subdivision 3 shall annually on 
        or before March 15 file a report to the commissioner giving the 
        information the commissioner reasonably requires concerning the 
        business and operations during the preceding calendar year.  
           (c) A lender filing under subdivision 3 shall display 
        prominently in each place of business a full and accurate 
        schedule, to be approved by the commissioner, of the charges to 
        be made and the method of computing those charges;.  A lender 
        shall furnish a copy of the contract of loan to a person 
        obligated on it or who may become obligated on it at any time 
        upon the request of that person.  This is in addition to any 
        disclosures required by the federal Truth in Lending Act, United 
        States Code, title 15.  
           (d) A lender filing under subdivision 3 shall, upon 
        repayment of the loan in full, mark indelibly every obligation 
        signed by the borrower with the word "Paid" or "Canceled" within 
        20 days after repayment.  
           (e) A lender filing under subdivision 3 shall display 
        prominently, in each licensed place of business, a full and 
        accurate statement of the charges to be made for loans made 
        under this section.  The statement of charges must be displayed 
        in a notice, on plastic or other durable material measuring at 
        least 12 inches by 18 inches, headed "CONSUMER NOTICE REQUIRED 
        BY THE STATE OF MINNESOTA."  The notice shall include, 
        immediately above the statement of charges, the following 
        sentence, or a substantially similar sentence approved by the 
        commissioner:  "These loan charges are higher than otherwise 
        permitted under Minnesota law.  Minnesota law permits these 
        higher charges only because short-term small loans might 
        otherwise not be available to consumers.  If you have another 
        source of a loan, you may be able to benefit from a lower 
        interest rate and other loan charges."  The notice must not 
        contain any other statement or information, unless the 
        commissioner has determined that the additional statement or 
        information is necessary to prevent confusion or inaccuracy.  
        The notice must be designed with a type size that is large 
        enough to be readily noticeable and legible.  The form of the 
        notice must be approved by the commissioner prior to its use. 
           Sec. 15.  Minnesota Statutes 1994, section 48.301, is 
        amended to read: 
           48.301 [MULTIPARTY ACCOUNTS.] 
           When any deposit is made in the names of two or more 
        persons jointly, or by any person payable on death (P.O.D.) to 
        another, or by any person in trust for another, the rights of 
        the parties and the financial institution are determined by 
        chapter 528 524.  
           Sec. 16.  Minnesota Statutes 1994, section 60B.39, 
        subdivision 5, is amended to read: 
           Subd. 5.  [CLAIM BY RATING BUREAU.] The rating bureau in 
        carrying out its responsibilities under sections 79.28 to 79.32, 
        may file a claim with the liquidator for all sums paid or to be 
        paid by it.  
           Sec. 17.  Minnesota Statutes 1995 Supplement, section 
        62A.307, subdivision 2, is amended to read: 
           Subd. 2.  [REQUIREMENT.] Coverage described in subdivision 
        1 that covers prescription drugs must provide the same coverage 
        for a prescription written by a health care provider authorized 
        to prescribe the particular drug covered by the health coverage 
        described in subdivision 1, regardless of the type of health 
        care provider that wrote the prescription.  This section is 
        intended to prohibit denial of coverage based on the 
        prescription having been written by an advanced practice nurse 
        under section 148.235, a physician assistant under section 
        147.34 147A.18, or any other nonphysician health care provider 
        authorized to prescribe the particular drug. 
           Sec. 18.  Minnesota Statutes 1994, section 62D.02, 
        subdivision 4, is amended to read: 
           Subd. 4.  (a) "Health maintenance organization" means a 
        nonprofit corporation organized under chapter 317A, or a local 
        governmental unit as defined in subdivision 11, controlled and 
        operated as provided in sections 62D.01 to 62D.30, which 
        provides, either directly or through arrangements with providers 
        or other persons, comprehensive health maintenance services, or 
        arranges for the provision of these services, to enrollees on 
        the basis of a fixed prepaid sum without regard to the frequency 
        or extent of services furnished to any particular enrollee.  
           (b) Notwithstanding paragraph (a), an organization licensed 
        as a health maintenance organization that accepts payments for 
        health care services on a capitated basis, or under another 
        similar risk sharing agreement, from a program of self-insurance 
        as described in section 60A.02, subdivision 3, paragraph (b), 
        shall not be regulated as a health maintenance organization with 
        respect to the receipt of the payments.  The payments are not 
        premium revenues for the purpose of calculating the health 
        maintenance organization's liability for otherwise applicable 
        state taxes, assessments, or surcharges, with the exception of: 
           (1) the MinnesotaCare provider tax; 
           (2) the one percent premium tax imposed in section 60A.15, 
        subdivision 1, paragraph (d) (e); and 
           (3) effective July 1, 1995, assessments by the Minnesota 
        comprehensive health association. 
        This paragraph applies only where: 
           (1) the health maintenance organization does not bear risk 
        in excess of 110 percent of the self-insurance program's 
        expected costs; 
           (2) the employer does not carry stop loss, excess loss, or 
        similar coverage with an attachment point lower than 120 percent 
        of the self-insurance program's expected costs; 
           (3) the health maintenance organization and the employer 
        comply with the data submission and administrative 
        simplification provisions of chapter 62J; 
           (4) the health maintenance organization and the employer 
        comply with the provider tax pass-through provisions of section 
        295.582; 
           (5) the health maintenance organization's required minimum 
        reserves reflect the risk borne by the health maintenance 
        organization under this paragraph, with an appropriate 
        adjustment for the 110 percent limit on risk borne by the 
        community network; 
           (6) on or after July 1, 1994, but prior to January 1, 1995, 
        the employer has at least 1,500 current employees, as defined in 
        section 62L.02, or, on or after January 1, 1995, the employer 
        has at least 750 current employees, as defined in section 
        62L.02; 
           (7) the employer does not exclude any eligible employees or 
        their dependents, both as defined in section 62L.02, from 
        coverage offered by the employer, under this paragraph or any 
        other health coverage, insured or self-insured, offered by the 
        employer, on the basis of the health status or health history of 
        the person.  
           This paragraph expires December 31, 1997. 
           Sec. 19.  Minnesota Statutes 1994, section 62D.12, 
        subdivision 12, is amended to read: 
           Subd. 12.  No health maintenance contract issued or renewed 
        on or after July 1, 1980 shall contain any provision denying or 
        reducing benefits because services are rendered to an insured or 
        dependent who is eligible for or receiving medical assistance 
        pursuant to chapter 256B or services pursuant to section 252.27; 
        260.251, subdivision 1a; 261.27; or 393.07, subdivision 1 or 2.  
           Sec. 20.  Minnesota Statutes 1994, section 62D.12, 
        subdivision 13, is amended to read: 
           Subd. 13.  No health maintenance organization offering an 
        individual or group health maintenance contract shall refuse to 
        provide or renew the coverage because the applicant or enrollee 
        has an option to elect workers' compensation coverage pursuant 
        to section 176.012 176.041.  
           Sec. 21.  Minnesota Statutes 1994, section 62E.04, 
        subdivision 8, is amended to read: 
           Subd. 8.  [REDUCTION OF BENEFITS BECAUSE OF OTHER 
        SERVICES.] No policy of accident and health insurance shall 
        contain any provision denying or reducing benefits because 
        services are rendered to an insured or dependent who is eligible 
        for or receiving benefits pursuant to chapters 256B and 256D, or 
        sections 62E.51 to 62E.55 or 252.27; 260.251, subdivision 1a; 
        261.27; 393.07, subdivision 1 or 2. 
           Sec. 22.  Minnesota Statutes 1994, section 62I.22, 
        subdivision 6, is amended to read: 
           Subd. 6.  [CASE PRESENTATION.] The department of commerce, 
        upon request by small businesses as defined by section 14.115, 
        subdivision 1, shall assist small businesses in any specific 
        class requesting continuation of coverage beyond the 180-day 
        period, in coordinating the class and presenting the case in the 
        contested hearing. 
           For purposes of this subdivision, "small business" means a 
        business entity, including farming and other agricultural 
        operations and its affiliates, that (1) is independently owned 
        and operated; (2) is not dominant in its field; and (3) employs 
        fewer than 50 full-time employees or has gross annual sales of 
        less than $4,000,000. 
           Sec. 23.  Minnesota Statutes 1995 Supplement, section 
        62L.045, subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] For purposes of this 
        section, the following terms have the meanings given: 
           (a) "Association" means: 
           (1) an association as defined in section 60A.02; 
           (2) a group or organization of political subdivisions; 
           (3) an educational cooperative a service unit cooperative 
        created under section 123.58 123.582; or 
           (4) a joint self-insurance pool authorized under section 
        471.617, subdivision 2. 
           (b) "Qualified association" means an association, as 
        defined in this subdivision, that: 
           (1) is registered with the commissioner of commerce; 
           (2) provides health plan coverage through a health carrier 
        that participates in the small employer market in this state, 
        other than through associations; 
           (3) has and adheres to membership and participation 
        criteria and health plan eligibility criteria that are not 
        designed to disproportionately include or attract small 
        employers that are likely to have low costs of health coverage 
        or to disproportionately exclude or repel small employers that 
        are likely to have high costs of health coverage; and 
           (4) permits any small employer that meets its membership, 
        participation, and eligibility criteria to become a member and 
        to obtain health plan coverage through the association.  
           Sec. 24.  Minnesota Statutes 1995 Supplement, section 
        62M.09, subdivision 5, is amended to read: 
           Subd. 5.  [WRITTEN CLINICAL CRITERIA.] A utilization review 
        organization's decisions must be supported by written clinical 
        criteria and review procedures in compliance with section 
        62M.07, paragraph (c).  Clinical criteria and review procedures 
        must be established with appropriate involvement from actively 
        practicing physicians.  A utilization review organization must 
        use written clinical criteria, as required, for determining the 
        appropriateness of the certification request.  The utilization 
        review organization must have a procedure for ensuring, at a 
        minimum, the annual evaluation and updating of the written 
        criteria based on sound clinical principles. 
           Sec. 25.  Minnesota Statutes 1995 Supplement, section 
        72C.03, is amended to read: 
           72C.03 [SCOPE.] 
           Except as otherwise specifically provided, sections 72C.01 
        to 72C.13 shall apply to all policies or contracts of direct 
        insurance, issued by persons authorized at any time to transact 
        insurance in this state and including nonprofit health service 
        plan corporations under chapter 62C, health maintenance 
        organizations under chapter 62D, and fraternal benefit societies 
        under chapter 64B.  Sections 72C.01 to 72C.13 shall not apply to 
        insurance as described in section 60A.20, subdivision 17, 
        clauses (2) and (3), and the master contract for any policy of 
        group insurance when the group consists of ten or more persons.  
        Sections 72C.01 to 72C.13 shall not apply to policies or 
        contracts issued prior to July 1, 1980 under which there is no 
        unilateral right of the insurer to cancel, nonrenew, amend or 
        change in any way, unless the policy or contract is amended or 
        changed by mutual agreement of the parties.  Sections 72C.01 to 
        72C.13 shall not apply to an insurance policy or contract which 
        is a security subject to federal jurisdiction, nor shall they 
        apply to a new policy or contract written in language other than 
        English. 
           Sec. 26.  Minnesota Statutes 1995 Supplement, section 
        79A.31, subdivision 1, is amended to read: 
           Subdivision 1.  [WITHDRAWAL.] Any group self-insurer that 
        is a member as of August 1, 1995, of the self-insurers' security 
        fund established under section 79A.09, may until January 1, 
        1996, elect to withdraw from that fund and become a member of 
        the commercial self-insurance group security fund established 
        under section 79A.26.  The transferring group shall be subject 
        to the provisions and requirements of sections 79A.19 to 79A.34 
        79A.32 as of the date of transfer.  Additional security may be 
        required pursuant to section 79A.24.  Group self-insurers 
        electing to transfer to the commercial self-insurance group fund 
        shall not be subject to the provisions of section 79A.06, 
        subdivision 5, including, but not limited to, assessments by the 
        self-insurers' security fund. 
           Sec. 27.  Minnesota Statutes 1995 Supplement, section 
        103B.231, subdivision 3, is amended to read: 
           Subd. 3.  [RESPONSIBLE UNITS.] (a) Where a watershed 
        management organization exists, the plan for the watershed must 
        be prepared and adopted by the organization.  
           (b) If a watershed management organization located wholly 
        outside of Hennepin and Ramsey counties, is terminated, or the 
        board of water and soil resources determines a plan is not being 
        implemented in accordance with its rules, the county or counties 
        containing the watershed unit shall prepare, adopt, and 
        implement the watershed plan and for this purpose the county or 
        counties have the planning, review, permitting, and financing 
        authority of a watershed management organization specified in 
        sections 103B.211 to 103B.255.  
           (c) If a watershed management organization within the 
        metropolitan area and wholly or partly within Hennepin or Ramsey 
        counties is terminated or the board of water and soil resources 
        determines a plan is not being implemented, the county or 
        counties shall petition for the establishment of a watershed 
        district under chapter 103D., provided that a district 
        established pursuant to a petition: 
           (1) may not cross a primary river or a river forming the 
        boundary between a metropolitan county and a county outside the 
        metropolitan area; and 
           (2) may not cross county boundaries to include territory 
        whose distinguishing characteristic is multiple drainage points 
        into a primary river.  
           (d) A watershed management organization may request a 
        county to prepare all or part of a plan.  
           (e) A county may delegate the preparation of all or part of 
        a plan to the county soil and water conservation district.  
           (f) Upon request of a statutory or home rule charter city 
        or town, a county may delegate the preparation of all or part of 
        a plan to the city or town.  
           (g) If the board of water and soil resources determines 
        that a watershed management organization or county has not 
        developed a draft plan, is not implementing the plan, has not 
        delegated implementation of the plan, and has not petitioned for 
        the creation of a watershed district: 
           (1) state agencies may withhold from local government units 
        state funding for water programs for projects within the 
        watershed; 
           (2) state agencies may withhold from local government units 
        delegation of state water resource regulatory authority within 
        the watershed; 
           (3) state agencies may suspend issuance of water-related 
        permits within the watershed; and 
           (4) the board may request state agencies to withhold 
        portions of state aid funding used for the installation of curb 
        and gutter and other drainage facilities of public 
        transportation projects within the watershed.  
           The provisions of this paragraph apply until the board of 
        water and soil resources determines that a plan is being 
        implemented in accordance with its rules. 
           (h) Appeals from the board of water and soil resources 
        determination are made in the same manner as appeals under 
        section 103B.345, subdivision 5. 
           Sec. 28.  Minnesota Statutes 1995 Supplement, section 
        116.07, subdivision 4d, is amended to read: 
           Subd. 4d.  [PERMIT FEES.] (a) The agency may collect permit 
        fees in amounts not greater than those necessary to cover the 
        reasonable costs of reviewing and acting upon applications for 
        agency permits and implementing and enforcing the conditions of 
        the permits pursuant to agency rules.  Permit fees shall not 
        include the costs of litigation.  The agency shall adopt rules 
        under section 16A.1285 establishing a system for charging permit 
        fees collected under this subdivision.  The fee schedule must 
        reflect reasonable and routine permitting, implementation, and 
        enforcement costs.  The agency may impose an additional 
        enforcement fee to be collected for a period of up to two years 
        to cover the reasonable costs of implementing and enforcing the 
        conditions of a permit under the rules of the agency.  Any money 
        collected under this paragraph shall be deposited in the special 
        revenue account. 
           (b) Notwithstanding paragraph (a), and section 16A.1285, 
        subdivision 2, the agency shall collect an annual fee from the 
        owner or operator of all stationary sources, emission 
        facilities, emissions units, air contaminant treatment 
        facilities, treatment facilities, potential air contaminant 
        storage facilities, or storage facilities subject to the 
        requirement to obtain a permit under subchapter V of the federal 
        Clean Air Act, United States Code, title 42, section 7401 et 
        seq., or section 116.081.  The annual fee shall be used to pay 
        for all direct and indirect reasonable costs, including attorney 
        general costs, required to develop and administer the permit 
        program requirements of subchapter V of the federal Clean Air 
        Act, United States Code, title 42, section 7401 et seq., and 
        sections of this chapter and the rules adopted under this 
        chapter related to air contamination and noise.  Those costs 
        include the reasonable costs of reviewing and acting upon an 
        application for a permit; implementing and enforcing statutes, 
        rules, and the terms and conditions of a permit; emissions, 
        ambient, and deposition monitoring; preparing generally 
        applicable regulations; responding to federal guidance; 
        modeling, analyses, and demonstrations; preparing inventories 
        and tracking emissions; and providing information to the public 
        about these activities. 
           (c) The agency shall adopt fee rules in accordance with the 
        procedures in section 16A.1285, subdivision 5, that will result 
        in the collection, in the aggregate, from the sources listed in 
        paragraph (b), of the following amounts: 
           (1) an amount not less than $25 per ton of each volatile 
        organic compound; pollutant regulated under United States Code, 
        title 42, section 7411 or 7412 (section 111 or 112 of the 
        federal Clean Air Act); and each pollutant, except carbon 
        monoxide, for which a national primary ambient air quality 
        standard has been promulgated; and 
           (2) the agency fee rules may also result in the collection, 
        in the aggregate, from the sources listed in paragraph (b), of 
        an amount not less than $25 per ton of each pollutant not listed 
        in clause (1) that is regulated under this chapter or air 
        quality rules adopted under this chapter.  
        The agency must not include in the calculation of the aggregate 
        amount to be collected under the fee rules any amount in excess 
        of 4,000 tons per year of each air pollutant from a source. 
           (d) To cover the reasonable costs described in paragraph 
        (b), the agency shall provide in the rules promulgated under 
        paragraph (c) for an increase in the fee collected in each year 
        by the percentage, if any, by which the Consumer Price Index for 
        the most recent calendar year ending before the beginning of the 
        year the fee is collected exceeds the Consumer Price Index for 
        the calendar year 1989.  For purposes of this paragraph the 
        Consumer Price Index for any calendar year is the average of the 
        Consumer Price Index for all-urban consumers published by the 
        United States Department of Labor, as of the close of the 
        12-month period ending on August 31 of each calendar year.  The 
        revision of the Consumer Price Index that is most consistent 
        with the Consumer Price Index for calendar year 1989 shall be 
        used. 
           (e) Any money collected under paragraphs (b) to (d) must be 
        deposited in an air quality account in the environmental fund 
        and must be used solely for the activities listed in paragraph 
        (b).  
           (f) Persons who wish to construct or expand an air emission 
        facility may offer to reimburse the agency for the costs of 
        staff overtime or consultant services needed to expedite permit 
        review.  The reimbursement shall be in addition to fees imposed 
        by paragraphs (a) to (d).  When the agency determines that it 
        needs additional resources to review the permit application in 
        an expedited manner, and that expediting the review would not 
        disrupt air permitting program priorities, the agency may accept 
        the reimbursement.  Reimbursements accepted by the agency are 
        appropriated to the agency for the purpose of reviewing the 
        permit application.  Reimbursement by a permit applicant shall 
        precede and not be contingent upon issuance of a permit and 
        shall not affect the agency's decision on whether to issue or 
        deny a permit, what conditions are included in a permit, or the 
        application of state and federal statutes and rules governing 
        permit determinations. 
           Sec. 29.  Minnesota Statutes 1994, section 116J.68, 
        subdivision 2, is amended to read: 
           Subd. 2.  The bureau shall:  
           (a) provide information and assistance with respect to all 
        aspects of business planning and business management related to 
        the start-up, operation, or expansion of a small business in 
        Minnesota; 
           (b) refer persons interested in the start-up, operation, or 
        expansion of a small business in Minnesota to assistance 
        programs sponsored by federal agencies, state agencies, 
        educational institutions, chambers of commerce, civic 
        organizations, community development groups, private industry 
        associations, and other organizations or to the business 
        assistance referral system established by the Minnesota Project 
        Outreach Corporation; 
           (c) plan, develop, and implement a master file of 
        information on small business assistance programs of federal, 
        state, and local governments, and other public and private 
        organizations so as to provide comprehensive, timely information 
        to the bureau's clients; 
           (d) employ staff with adequate and appropriate skills and 
        education and training for the delivery of information and 
        assistance; 
           (e) seek out and utilize, to the extent practicable, 
        contributed expertise and services of federal, state, and local 
        governments, educational institutions, and other public and 
        private organizations; 
           (f) maintain a close and continued relationship with the 
        director of the procurement program within the department of 
        administration so as to facilitate the department's duties and 
        responsibilities under sections 16B.19 to 16B.22 relating to the 
        small targeted group business and economically disadvantaged 
        business program of the state; 
           (g) develop an information system which will enable the 
        commissioner and other state agencies to efficiently store, 
        retrieve, analyze, and exchange data regarding small business 
        development and growth in the state.  All executive branch 
        agencies of state government and the secretary of state shall to 
        the extent practicable, assist the bureau in the development and 
        implementation of the information system; 
           (h) establish and maintain a toll free telephone number so 
        that all small business persons anywhere in the state can call 
        the bureau office for assistance.  An outreach program shall be 
        established to make the existence of the bureau well known to 
        its potential clientele throughout the state.  If the small 
        business person requires a referral to another provider the 
        bureau may use the business assistance referral system 
        established by the Minnesota Project Outreach Corporation; 
           (i) conduct research and provide data as required by the 
        state legislature; 
           (j) develop and publish material on all aspects of the 
        start-up, operation, or expansion of a small business in 
        Minnesota; 
           (k) collect and disseminate information on state 
        procurement opportunities, including information on the 
        procurement process; 
           (l) develop a public awareness program through the use of 
        newsletters, personal contacts, and electronic and print news 
        media advertising about state assistance programs for small 
        businesses, including those programs specifically for socially 
        disadvantaged small business persons; 
           (m) publicize to small businesses section 14.115 which 
        requires consideration of small business issues in state agency 
        rulemaking; 
           (n) enter into agreements with the federal government and 
        other public and private entities to serve as the statewide 
        coordinator or host agency for the federal small business 
        development center program under United States Code, title 15, 
        section 648; and 
           (o) (n) assist providers in the evaluation of their 
        programs and the assessment of their service area needs.  The 
        bureau may establish model evaluation techniques and performance 
        standards for providers to use. 
           Sec. 30.  Minnesota Statutes 1995 Supplement, section 
        121.703, subdivision 2, is amended to read: 
           Subd. 2.  [MEMBERSHIP.] (a) The commission consists of 18 
        voting members.  Voting members shall include the commissioner 
        of children, families, and learning, a representative of the 
        children's cabinet elected by the members of the children's 
        cabinet, and the executive director of the higher education 
        services office. 
           (b) The governor shall appoint 15 additional voting members.
        Eight of the voting members appointed by the governor shall 
        include a representative of public or nonprofit organizations 
        experienced in youth employment and training, organizations 
        promoting adult service and volunteerism, community-based 
        service agencies or organizations, local public or private 
        sector labor unions, local governments, business, a national 
        service program, and Indian tribes.  The remaining seven voting 
        members appointed by the governor shall include an individual 
        with expertise in the educational, training, and development 
        needs of youth, particularly disadvantaged youth; a youth or 
        young adult who is a participant in a higher education-based 
        service-learning program; a disabled individual representing 
        persons with disabilities; a youth who is out-of-school or 
        disadvantaged; an educator of primary or secondary students; an 
        educator from a higher education institution; and an individual 
        between the ages of 16 and 25 who is a participant or supervisor 
        in a youth service program. 
           (c) The governor shall appoint up to five ex officio 
        nonvoting members from among the following agencies or 
        organizations:  the departments of economic security, natural 
        resources, human services, health, corrections, agriculture, 
        public safety, finance, and labor and industry, the Minnesota 
        office of citizenship and volunteer services, the housing 
        finance agency, and Minnesota Technology, Inc.  A representative 
        of the corporation for national and community service shall also 
        serve as an ex officio nonvoting member. 
           (d) Voting and ex officio nonvoting members may appoint 
        designees to act on their behalf.  The number of voting members 
        who are state employees shall not exceed 25 percent. 
           (e) The governor shall ensure that, to the extent possible, 
        the membership of the commission is balanced according to 
        geography, race, ethnicity, age, and gender.  The speaker of the 
        house and the majority leader of the senate shall each appoint 
        two legislators to be nonvoting members of the commission. 
           Sec. 31.  Minnesota Statutes 1994, section 136D.23, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PUBLIC AGENCY.] The joint school board 
        shall be a public agency of the participating school districts 
        and may receive and disburse federal and state funds made 
        available to it or to the participating school districts, 
        including moneys described in section 136C.07.  
           Sec. 32.  Minnesota Statutes 1994, section 136D.23, 
        subdivision 2, is amended to read: 
           Subd. 2.  [LIABILITY.] Except as to certificates of 
        indebtedness or bonds issued under Minnesota Statutes 1990, 
        section 136D.28, hereof, no participating school district shall 
        have individual liability for the debts and obligations of the 
        board nor shall any individual serving as a member of the board 
        have such liability. 
           Sec. 33.  Minnesota Statutes 1994, section 136D.83, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PUBLIC AGENCY.] The joint school board 
        shall be a public agency of the participating school districts 
        and may receive and disburse federal and state funds made 
        available to it or to the participating school districts, 
        including moneys described in section 136C.07.  
           Sec. 34.  Minnesota Statutes 1994, section 136D.83, 
        subdivision 2, is amended to read: 
           Subd. 2.  [LIABILITY.] Except as to certificates of 
        indebtedness or bonds issued under Minnesota Statutes 1990, 
        section 136D.89, hereof, no participating school district shall 
        have individual liability for the debts and obligations of the 
        board nor shall any individual serving as a member of the board 
        have such liability. 
           Sec. 35.  Minnesota Statutes 1995 Supplement, section 
        144.057, subdivision 1, is amended to read: 
           Subdivision 1.  [BACKGROUND STUDIES REQUIRED.] The 
        commissioner of health shall contract with the commissioner of 
        human services to conduct background studies of individuals 
        providing services which have direct contact, as defined under 
        section 245A.04, subdivision 3, with patients and residents in 
        hospitals, boarding care homes, outpatient surgical centers 
        licensed under sections 144.50 to 144.58; nursing homes and home 
        care agencies licensed under chapter 144A; residential care 
        homes licensed under chapter 144B, and board and lodging 
        establishments that are registered to provide supportive or 
        health supervision services under section 157.031 157.17.  If a 
        facility or program is licensed by the department of human 
        services and subject to the background study provisions of 
        chapter 245A and is also licensed by the department of health, 
        the department of human services is solely responsible for the 
        background studies of individuals in the jointly licensed 
        programs. 
           Sec. 36.  Minnesota Statutes 1995 Supplement, section 
        144D.06, is amended to read: 
           144D.06 [OTHER LAWS.] 
           An elderly housing with services establishment shall obtain 
        and maintain all other licenses, permits, registrations, or 
        other governmental approvals required of it in addition to 
        registration under this chapter, except that an establishment 
        registered under this chapter is exempt, at its option, from the 
        requirement of obtaining and maintaining an adult foster care 
        license under Minnesota Rules, parts 9543.0010 to 9543.0150, or 
        a lodging license under chapter 157.  An elderly housing with 
        services establishment is subject to the provisions of sections 
        504.01 to 504.28 and 566.01 to 566.175.  An elderly housing with 
        services establishment which is also described in section 
        157.031 157.17 is exempt from the requirements of that section 
        while it is registered under this chapter. 
           Sec. 37.  Minnesota Statutes 1994, section 145.61, 
        subdivision 5, is amended to read: 
           Subd. 5.  "Review organization" means a nonprofit 
        organization acting according to clause (k) or a committee whose 
        membership is limited to professionals, administrative staff, 
        and consumer directors, except where otherwise provided for by 
        state or federal law, and which is established by one or more of 
        the following:  a hospital, a clinic, a nursing home, one or 
        more state or local associations of professionals, an 
        organization of professionals from a particular area or medical 
        institution, a health maintenance organization as defined in 
        chapter 62D, a nonprofit health service plan corporation as 
        defined in chapter 62C, a preferred provider organization, a 
        professional standards review organization established pursuant 
        to United States Code, title 42, section 1320c-1 et seq., a 
        medical review agent established to meet the requirements of 
        section 256B.04, subdivision 15, or 256D.03, subdivision 7, 
        paragraph (b), the department of human services, or a 
        corporation organized under chapter 317A that owns, operates, or 
        is established by one or more of the above referenced entities, 
        to gather and review information relating to the care and 
        treatment of patients for the purposes of: 
           (a) evaluating and improving the quality of health care 
        rendered in the area or medical institution or by the entity or 
        organization that established the review organization; 
           (b) reducing morbidity or mortality; 
           (c) obtaining and disseminating statistics and information 
        relative to the treatment and prevention of diseases, illness 
        and injuries; 
           (d) developing and publishing guidelines showing the norms 
        of health care in the area or medical institution or in the 
        entity or organization that established the review organization; 
           (e) developing and publishing guidelines designed to keep 
        within reasonable bounds the cost of health care; 
           (f) reviewing the quality or cost of health care services 
        provided to enrollees of health maintenance organizations, 
        health service plans, preferred provider organizations, and 
        insurance companies; 
           (g) acting as a professional standards review organization 
        pursuant to United States Code, title 42, section 1320c-1 et 
        seq.; 
           (h) determining whether a professional shall be granted 
        staff privileges in a medical institution, membership in a state 
        or local association of professionals, or participating status 
        in a nonprofit health service plan corporation, health 
        maintenance organization, preferred provider organization, or 
        insurance company, or whether a professional's staff privileges, 
        membership, or participation status should be limited, suspended 
        or revoked; 
           (i) reviewing, ruling on, or advising on controversies, 
        disputes or questions between: 
           (1) health insurance carriers, nonprofit health service 
        plan corporations, health maintenance organizations, 
        self-insurers and their insureds, subscribers, enrollees, or 
        other covered persons; 
           (2) professional licensing boards and health providers 
        licensed by them; 
           (3) professionals and their patients concerning diagnosis, 
        treatment or care, or the charges or fees therefor; 
           (4) professionals and health insurance carriers, nonprofit 
        health service plan corporations, health maintenance 
        organizations, or self-insurers concerning a charge or fee for 
        health care services provided to an insured, subscriber, 
        enrollee, or other covered person; 
           (5) professionals or their patients and the federal, state, 
        or local government, or agencies thereof; 
           (j) providing underwriting assistance in connection with 
        professional liability insurance coverage applied for or 
        obtained by dentists, or providing assistance to underwriters in 
        evaluating claims against dentists; 
           (k) acting as a medical review agent under section 256B.04, 
        subdivision 15, or 256D.03, subdivision 7, paragraph (b); 
           (l) providing recommendations on the medical necessity of a 
        health service, or the relevant prevailing community standard 
        for a health service; 
           (m) reviewing a provider's professional practice as 
        requested by the data analysis unit under section 62J.32; 
           (n) (m) providing quality assurance as required by United 
        States Code, title 42, sections 1396r(b)(1)(b) and 
        1395i-3(b)(1)(b) of the Social Security Act; 
           (o) (n) providing information to group purchasers of health 
        care services when that information was originally generated 
        within the review organization for a purpose specified by this 
        subdivision; or 
           (p) (o) providing information to other, affiliated or 
        nonaffiliated review organizations, when that information was 
        originally generated within the review organization for a 
        purpose specified by this subdivision, and as long as that 
        information will further the purposes of a review organization 
        as specified by this subdivision. 
           Sec. 38.  [REPEALER.] 
           Minnesota Statutes 1994, section 148B.60, subdivision 6, is 
        repealed. 
           Sec. 39.  Minnesota Statutes 1994, section 148B.61, 
        subdivision 2, is amended to read: 
           Subd. 2.  [RULEMAKING.] The commissioner of health shall 
        adopt rules necessary to implement, administer, or enforce 
        provisions of sections 148B.60 to 148B.71 pursuant to chapter 
        14.  The commissioner may not adopt rules that restrict or 
        prohibit persons from providing mental health services on the 
        basis of education, training, experience, or supervision.  The 
        commissioner may consult with the mental health practitioner 
        advisory council, established in section 148B.62, during the 
        rulemaking process.  Rules adopted pursuant to this authority 
        are exempt from section 14.115. 
           Sec. 40.  Minnesota Statutes 1994, section 148B.64, 
        subdivision 2, is amended to read: 
           Subd. 2.  [INVESTIGATION.] The commissioner and employees 
        of the department of health, members of the advisory council on 
        mental health practice, and other persons engaged in the 
        investigation of violations and in the preparation, 
        presentation, and management of and testimony pertaining to 
        charges of violations of this chapter are absolutely immune from 
        civil liability and criminal prosecution for any actions, 
        transactions, or publications in the execution of, or relating 
        to, their duties under this chapter. 
           Sec. 41.  Minnesota Statutes 1994, section 148B.69, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [FORMS OF DISCIPLINARY ACTION.] When the 
        commissioner finds that an unlicensed mental health practitioner 
        has violated a provision or provisions of this chapter, the 
        commissioner may take one or more of the following actions, only 
        against the individual practitioner: 
           (1) revoke the right to practice; 
           (2) suspend the right to practice; 
           (3) impose limitations or conditions on the practitioner's 
        provision of mental health services, the imposition of 
        rehabilitation requirements, or the requirement of practice 
        under supervision; 
           (4) impose a civil penalty not exceeding $10,000 for each 
        separate violation, the amount of the civil penalty to be fixed 
        so as to deprive the practitioner of any economic advantage 
        gained by reason of the violation charged or to reimburse the 
        office of mental health practice for all costs of the 
        investigation and proceeding; 
           (5) order the practitioner to provide unremunerated 
        professional service under supervision at a designated public 
        hospital, clinic, or other health care institution; 
           (6) censure or reprimand the practitioner; 
           (7) impose a fee on the practitioner to reimburse the 
        office for all or part of the cost of the proceedings resulting 
        in disciplinary action including, but not limited to, the amount 
        paid by the office for services from the office of 
        administrative hearings, attorney fees, court reports, 
        witnesses, reproduction of records, advisory council members' 
        per diem compensation, staff time, and expense incurred by 
        advisory council members and the staff of the office of mental 
        health practice; or 
           (8) any other action justified by the case. 
           Sec. 42.  Minnesota Statutes 1995 Supplement, section 
        148C.03, subdivision 1, is amended to read: 
           Subdivision 1.  [GENERAL.] The commissioner shall, after 
        consultation with the advisory council or a subcommittee or the 
        special licensing criteria committee established under section 
        148C.11, subdivision 3, paragraph (b): 
           (a) adopt and enforce rules for licensure of alcohol and 
        drug counselors, including establishing standards and methods of 
        determining whether applicants and licensees are qualified under 
        section 148C.04.  The rules must provide for examinations and 
        establish standards for the regulation of professional conduct.  
        The rules must be designed to protect the public; 
           (b) hold or contract for the administration of examinations 
        at least twice a year to assess applicants' knowledge and 
        skills.  The examinations must be written and oral and may be 
        administered by the commissioner or by a private organization 
        under contract with the commissioner to administer the licensing 
        examinations.  Examinations must minimize cultural bias and must 
        be balanced in various theories relative to practice of alcohol 
        and drug counseling; 
           (c) issue licenses to individuals qualified under sections 
        148C.01 to 148C.11; 
           (d) issue copies of the rules for licensure to all 
        applicants; 
           (e) adopt rules to establish and implement procedures, 
        including a standard disciplinary process and rules of 
        professional conduct; 
           (f) carry out disciplinary actions against licensees; 
           (g) establish, with the advice and recommendations of the 
        advisory council, written internal operating procedures for 
        receiving and investigating complaints and for taking 
        disciplinary actions as appropriate.  Establishment of the 
        operating procedures are not subject to rulemaking procedures 
        under chapter 14; 
           (h) educate the public about the existence and content of 
        the rules for chemical dependency alcohol and drug counselor 
        licensing to enable consumers to file complaints against 
        licensees who may have violated the rules; 
           (i) evaluate the rules in order to refine and improve the 
        methods used to enforce the commissioner's standards; 
           (j) set, collect, and adjust license fees for alcohol and 
        drug counselors so that the total fees collected will as closely 
        as possible equal anticipated expenditures during the biennium, 
        as provided in section 16A.1285; fees for initial and renewal 
        application and examinations; late fees for counselors who 
        submit license renewal applications after the renewal deadline; 
        and a surcharge fee.  The surcharge fee must include an amount 
        necessary to recover, over a five-year period, the 
        commissioner's direct expenditures for the adoption of the rules 
        providing for the licensure of alcohol and drug counselors.  All 
        fees received shall be deposited in the state treasury and 
        credited to the special revenue fund; and 
           (k) prepare reports on activities related to the licensure 
        of alcohol and drug counselors according to this subdivision by 
        October 1 of each even-numbered year.  Copies of the reports 
        shall be delivered to the legislature in accordance with section 
        3.195 and to the governor.  The reports shall contain the 
        following information on the commissioner's activities relating 
        to the licensure of chemical dependency counselors, for the 
        two-year period ending the previous June 30: 
           (1) a general statement of the activities; 
           (2) the number of staff hours spent on the activities; 
           (3) the receipts and disbursements of funds; 
           (4) the names of advisory council members and their 
        addresses, occupations, and dates of appointment and 
        reappointment; 
           (5) the names and job classifications of employees; 
           (6) a brief summary of rules proposed or adopted during the 
        reporting period with appropriate citations to the State 
        Register and published rules; 
           (7) the number of persons having each type of license 
        issued by the commissioner as of June 30 in the year of the 
        report; 
           (8) the locations and dates of the administration of 
        examinations by the commissioner; 
           (9) the number of persons examined by the commissioner with 
        the persons subdivided into groups showing age categories, sex, 
        and states of residency; 
           (10) the number of persons licensed by the commissioner 
        after taking the examinations referred to in clause (8) with the 
        persons subdivided by age categories, sex, and states of 
        residency; 
           (11) the number of persons not licensed by the commissioner 
        after taking the examinations referred to in clause (8) with the 
        persons subdivided by age categories, sex, and states of 
        residency; 
           (12) the number of persons not taking the examinations 
        referred to in clause (8) who were licensed by the commissioner 
        or who were denied licensing, the reasons for the licensing or 
        denial, and the persons subdivided by age categories, sex, and 
        states of residency; 
           (13) the number of persons previously licensed by the 
        commissioner whose licenses were revoked, suspended, or 
        otherwise altered in status with brief statements of the reasons 
        for the revocation, suspension, or alteration; 
           (14) the number of written and oral complaints and other 
        communications received by the commissioner which allege or 
        imply a violation of a statute or rule which the commissioner is 
        empowered to enforce; 
           (15) a summary, by specific category, of the substance of 
        the complaints and communications referred to in clause (14) 
        and, for each specific category, the responses or dispositions; 
        and 
           (16) any other objective information which the commissioner 
        believes will be useful in reviewing the commissioner's 
        activities. 
           Sec. 43.  Minnesota Statutes 1995 Supplement, section 
        151.37, subdivision 2, is amended to read: 
           Subd. 2.  (a) A licensed practitioner in the course of 
        professional practice only, may prescribe, administer, and 
        dispense a legend drug, and may cause the same to be 
        administered by a nurse, a physician assistant, or medical 
        student or resident under the practitioner's direction and 
        supervision, and may cause a person who is an appropriately 
        certified, registered, or licensed health care professional to 
        prescribe, dispense, and administer the same within the 
        expressed legal scope of the person's practice as defined in 
        Minnesota Statutes.  A licensed practitioner may prescribe a 
        legend drug, without reference to a specific patient, by 
        directing a registered nurse, physician assistant, or medical 
        student or resident to adhere to a particular practice guideline 
        or protocol when treating patients whose condition falls within 
        such guideline or protocol, and when such guideline or protocol 
        specifies the circumstances under which the legend drug is to be 
        prescribed and administered.  An individual who verbally, 
        electronically, or otherwise transmits a written, oral, or 
        electronic order, as an agent of a prescriber, shall not be 
        deemed to have prescribed the legend drug.  This paragraph 
        applies to a physician assistant only if the physician assistant 
        meets the registration and certification requirements of section 
        147.34, subdivision 1, paragraph (a) 147A.18. 
           (b) A licensed practitioner that dispenses for profit a 
        legend drug that is to be administered orally, is ordinarily 
        dispensed by a pharmacist, and is not a vaccine, must file with 
        the practitioner's licensing board a statement indicating that 
        the practitioner dispenses legend drugs for profit, the general 
        circumstances under which the practitioner dispenses for profit, 
        and the types of legend drugs generally dispensed.  It is 
        unlawful to dispense legend drugs for profit after July 31, 
        1990, unless the statement has been filed with the appropriate 
        licensing board.  For purposes of this paragraph, "profit" means 
        (1) any amount received by the practitioner in excess of the 
        acquisition cost of a legend drug for legend drugs that are 
        purchased in prepackaged form, or (2) any amount received by the 
        practitioner in excess of the acquisition cost of a legend drug 
        plus the cost of making the drug available if the legend drug 
        requires compounding, packaging, or other treatment.  The 
        statement filed under this paragraph is public data under 
        section 13.03.  This paragraph does not apply to a licensed 
        doctor of veterinary medicine or a registered pharmacist.  Any 
        person other than a licensed practitioner with the authority to 
        prescribe, dispense, and administer a legend drug under 
        paragraph (a) shall not dispense for profit.  To dispense for 
        profit does not include dispensing by a community health clinic 
        when the profit from dispensing is used to meet operating 
        expenses. 
           Sec. 44.  Minnesota Statutes 1994, section 176.021, 
        subdivision 7, is amended to read: 
           Subd. 7.  [PUBLIC OFFICER.] If an employee who is a public 
        officer of the state or governmental subdivision continues to 
        receive the compensation of office during a period when 
        receiving benefits under the workers' compensation law for 
        temporary total or temporary partial disability or permanent 
        total disability and the compensation of office exceeds $100 a 
        year, the amount of that compensation attributable to the period 
        for which benefits under the workers' compensation law are paid 
        shall be deducted from such benefits.  If an employee covered by 
        the Minnesota state retirement system receives total and 
        permanent disability benefits pursuant to section 352.113 or 
        disability benefits pursuant to sections 352.95 and 352B.10, the 
        amount of disability benefits shall be deducted from workers' 
        compensation benefits otherwise payable.  If an employee covered 
        by the teachers retirement fund receives total and permanent 
        disability benefits pursuant to section 354.48, the amount of 
        disability benefits must be deducted from workers' compensation 
        benefits otherwise payable.  Notwithstanding the provisions of 
        Minnesota Statutes 1994, section 176.132, a deduction under this 
        subdivision does not entitle an employee to supplemental 
        benefits under section 176.132.  
           Sec. 45.  Minnesota Statutes 1994, section 176.129, 
        subdivision 4a, is amended to read: 
           Subd. 4a.  [CONTRIBUTION RATE ADJUSTMENT.] In determining 
        the rate of adjustment as provided by subdivision 3, the 
        commissioner shall determine the revenues received less claims 
        received for the preceding 12 months ending June 30, 1984, and 
        each June 30 thereafter.  
                If the result is:           the range of adjustment is:
                over $15,000,000                  -10% to 0%
                less than $15,000,000 but 
                  more than $10,000,000           -7% to +3%
                less than $10,000,000 but
                  more than $5,000,000            -5% to +5%
                less than $5,000,000 
                  but more than $0                -3% to +7%
                $0 but less than a 
                  $5,000,000 deficit              0% to +10%
                more than a $5,000,000 
                  deficit                         +5% to +12%
           The adjustment under this subdivision shall be used for 
        assessments for calendar year 1984 and each year thereafter.  
           An amount assessed pursuant to this section is payable to 
        the commissioner within 45 days of mailing notice of the amount 
        due unless the commissioner orders otherwise.  
           The commissioner may allow an offset of the reimbursements 
        due an employer pursuant to sections Minnesota Statutes 1990, 
        section 176.131, and Minnesota Statutes 1994, section 176.132, 
        against the assessment due under this section and may promulgate 
        rules to establish the terms and conditions under which an 
        employer will be allowed the offset.  
           Sec. 46.  Minnesota Statutes 1994, section 176.129, 
        subdivision 13, is amended to read: 
           Subd. 13.  [EMPLOYER REPORTS.] All employers and insurers 
        shall make reports to the commissioner as required for the 
        proper administration of this section and sections Minnesota 
        Statutes 1990, section 176.131, and Minnesota Statutes 1994, 
        section 176.132.  Employers and insurers may not be reimbursed 
        from the special compensation fund for any periods for which the 
        employer has not properly filed reports as required by this 
        section and made all payments due to the special compensation 
        fund under subdivision 3.  
           Sec. 47.  Minnesota Statutes 1994, section 176.225, 
        subdivision 2, is amended to read: 
           Subd. 2.  [EXAMINATION OF BOOKS AND RECORDS.] To determine 
        whether an employer or insurer is liable for the payment 
        provided by subdivision 1, the division, a compensation judge, 
        or the workers' compensation court of appeals upon appeal may 
        examine the books and records of the employer or insurer 
        relating to the payment of compensation, and may require the 
        employer or insurer to furnish any other information relating to 
        the payment of compensation. 
           The right of the division to review the records of an 
        employer or insurer includes the right of the special 
        compensation fund to examine records for the proper 
        administration of sections section 176.129, Minnesota Statutes 
        1990, section 176.131, Minnesota Statutes 1994, section 176.132, 
        and sections 176.181, and 176.183.  The special compensation 
        fund may not review the records of the employer or insurer 
        relating to a claim under Minnesota Statutes 1990, section 
        176.131, until the special compensation fund has accepted 
        liability under that section or a final determination of 
        liability under that section has been made.  The special 
        compensation fund may withhold reimbursement to the employer or 
        insurer under Minnesota Statutes 1990, section 176.131, 
        or Minnesota Statutes 1994, section 176.132, if the employer or 
        insurer denies access to records requested for the proper 
        administration of section 176.129, Minnesota Statutes 1990, 
        section 176.131, Minnesota Statutes 1994, section 176.132, 
        section 176.181, or 176.183. 
           Sec. 48.  Minnesota Statutes 1994, section 176.83, 
        subdivision 7, is amended to read: 
           Subd. 7.  [MISCELLANEOUS RULES.] Rules necessary for 
        implementing and administering the provisions of sections 
        Minnesota Statutes 1990, section 176.131, Minnesota Statutes 
        1994, section 176.132, sections 176.238, and 176.239; sections 
        176.251, 176.66 to 176.669, and rules regarding proper 
        allocation of compensation under section 176.111.  Under the 
        rules adopted under section 176.111 a party may petition for a 
        hearing before a compensation judge to determine the proper 
        allocation.  In this case the compensation judge may order a 
        different allocation than prescribed by rule. 
           Sec. 49.  Minnesota Statutes 1994, section 177.24, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [AMOUNT.] (a) For purposes of this 
        subdivision, the terms defined in this paragraph have the 
        meanings given them.  
           (1) "Large employer" means an enterprise whose annual gross 
        volume of sales made or business done is not less than $362,500 
        (exclusive of excise taxes at the retail level that are 
        separately stated) and covered by the Minnesota fair labor 
        standards act, sections 177.21 to 177.35. 
           (2) "Small employer" means an enterprise whose annual gross 
        volume of sales made or business done is less than $362,500 
        (exclusive of excise taxes at the retail level that are 
        separately stated) and covered by the Minnesota fair labor 
        standards act, sections 177.21 to 177.35.  
           (b) Except as otherwise provided in sections 177.21 to 
        177.35, every large employer must pay each employee wages at a 
        rate of at least $4.25 an hour beginning January 1, 1991.  Every 
        small employer must pay each employee at a rate of at least $4 
        an hour beginning January 1, 1991. 
           (c) A large employer must pay each employee at a rate of at 
        least the minimum wage set by this section or federal law 
        without the reduction for training wage or full-time student 
        status allowed under federal law. 
           Sec. 50.  Minnesota Statutes 1994, section 177.24, 
        subdivision 4, is amended to read: 
           Subd. 4.  [UNREIMBURSED EXPENSES DEDUCTED.] Deductions, 
        direct or indirect, from wages or gratuities not authorized by 
        this subdivision may only be taken as authorized by sections 
        177.28, subdivisions subdivision 3 and 4, 181.06, and 181.79.  
        Deductions, direct or indirect, for up to the full cost of the 
        uniform or equipment as listed below, may not exceed $50.  No 
        deductions, direct or indirect, may be made for the items listed 
        below which when subtracted from wages would reduce the wages 
        below the minimum wage: 
           (a) purchased or rented uniforms or specially designed 
        clothing required by the employer, by the nature of the 
        employment, or by statute as a condition of employment, which is 
        not generally appropriate for use except in that employment; 
           (b) purchased or rented equipment used in employment, 
        except tools of a trade, a motor vehicle, or any other equipment 
        which may be used outside the employment; 
           (c) consumable supplies required in the course of that 
        employment; 
           (d) travel expenses in the course of employment except 
        those incurred in traveling to and from the employee's residence 
        and place of employment. 
           Sec. 51.  Minnesota Statutes 1994, section 177.27, 
        subdivision 6, is amended to read: 
           Subd. 6.  [EMPLOYER LIABILITY.] Employers are liable to 
        employees for back wages and gratuities as computed by the 
        department or, if contested by the employer, as awarded in a 
        public hearing.  The commissioner may establish escrow accounts 
        for purposes of distributing back wages and gratuities.  In 
        addition, hearing costs of up to ten percent of any back wages 
        and gratuities awarded may be assessed against the employer by 
        the administrative law judge and paid to the commissioner if the 
        administrative law judge finds that the employer had no 
        meritorious defense against the claim.  The penalty provided 
        under this subdivision for failure to pay back wages and 
        gratuities does not apply to compliance orders issued to an 
        employer under this section before July 1, 1985.  This 
        subdivision does not prevent an employee from prosecuting a 
        claim for wages or gratuities.  
           Sec. 52.  [REPEALER.] 
           Minnesota Statutes, section 177.28, subdivision 4, is 
        repealed. 
           Sec. 53.  Minnesota Statutes 1994, section 197.447, is 
        amended to read: 
           197.447 [VETERAN, DEFINED.] 
           The word "veteran" as used in Minnesota Statutes, except in 
        sections 136C.13 136F.28, 196.21, 197.971, and 243.251, means a 
        citizen of the United States or a resident alien who has been 
        separated under honorable conditions from any branch of the 
        armed forces of the United States after having served on active 
        duty for 181 consecutive days or by reason of disability 
        incurred while serving on active duty, or who has met the 
        minimum active duty requirement as defined by Code of Federal 
        Regulations, title 38, section 3.12a, or who has active military 
        service certified under section 401, Public Law Number 95-202.  
        The active military service must be certified by the United 
        States Secretary of Defense as active military service and a 
        discharge under honorable conditions must be issued by the 
        Secretary. 
           Sec. 54.  Minnesota Statutes 1994, section 198.002, 
        subdivision 2, is amended to read: 
           Subd. 2.  [MEMBERSHIP.] The board consists of nine voting 
        members appointed by the governor with the advice and consent of 
        the senate.  The members of the board shall fairly represent the 
        geographic areas of the state.  The members are:  
           (1) a chair, designated by the governor; 
           (2) three public members experienced in policy formulation 
        with professional experience in health care delivery; and 
           (3) five members experienced in policy formulation with 
        professional experience in health care delivery who are members 
        of congressionally chartered veterans organizations or their 
        auxiliaries that have a statewide organizational structure and 
        state level officers in Minnesota.  
           The commissioner of veterans affairs shall serve as an ex 
        officio, nonvoting member of the board.  The chair of the senate 
        veterans affairs committee and the chair of the house committee 
        on general legislation, veterans affairs, and gaming serve as ex 
        officio, nonvoting members of the board if they are veterans.  
        From each house of the legislature, the chair of the committee 
        that deals with veterans affairs shall serve as an ex officio, 
        nonvoting member if that person is a veteran.  In the event that 
        one or both of the chairs are not veterans, then any member of 
        the respective committees who is a veteran may be designated by 
        the chair to serve on the board. 
           Sec. 55.  Minnesota Statutes 1994, section 205A.13, is 
        amended to read: 
           205A.13 [REQUIREMENTS FOR PETITIONS.] 
           Any petition to a school board authorized in this chapter 
        or sections 124.226, 124.2716, 124.91, 124.912, 124.914, 
        124.916, 124.918, and 124A.03, and 136C.411, or any other law 
        which requires the board to submit an issue to referendum or 
        election, shall meet the following requirements to be valid.  
           (1) Each page of the petition shall contain a heading at 
        its top which specifies the particular action the board is being 
        petitioned to take.  The signatures on any page which does not 
        contain such a heading shall all be invalidated.  All pages of 
        the petition shall be assembled and filed with the board as a 
        single instrument.  
           (2) Each page of the petition shall contain an 
        authentication signed by the circulator of the petition 
        specifying as follows:  
           "I personally have circulated this page of the petition.  
        All signatures were made in my presence.  I believe that the 
        signers signed their own names and that each person who has 
        signed is eligible to vote in a school district election 
        according to Minnesota election law.  
           Signed:  ................................ Signature of 
        Petition Circulator 
           Date:  ................................." 
           The signatures on any page which does not contain such an 
        authentication shall all be invalidated.  
           (3) Signers of the petition shall personally sign their own 
        names in ink or indelible pencil and shall indicate after the 
        name the place of residence by street and number, or other 
        description sufficient to identify the place.  Except as 
        provided in clause (4), any signature which does not meet these 
        requirements shall be invalidated.  
           (4) Individuals who are unable to write their names shall 
        be required to make their marks on the petition.  The circulator 
        of the petition shall certify the mark by signing the 
        individual's name and address and shall thereafter print the 
        phrase "mark certified by petition circulator."  
           (5) A petition, to be valid, must contain the minimum 
        number of valid signatures of eligible voters specified in the 
        law authorizing the petition and election.  
           Sec. 56.  Minnesota Statutes 1995 Supplement, section 
        237.16, subdivision 11, is amended to read: 
           Subd. 11.  [INTERIM AUTHORITY IN AREAS SERVED BY TELEPHONE 
        COMPANIES WITH LESS THAN 50,000 SUBSCRIBERS.] (a) Before 
        adopting the rules required under subdivision 8 for telephone 
        companies with less than 50,000 subscribers, when an applicant 
        requests certification to provide local telephone service in an 
        area served by a telephone company with less than 50,000 
        subscribers originally certified to provide local telephone 
        service before January 1, 1988, the commission shall grant the 
        application if it finds the applicant meets the requirements of 
        subdivision 1.  The commission shall make its determination on 
        the application, including whether to provide a temporary 
        arrangement for the effective interconnection of the local 
        exchange networks, after a hearing under chapter 14 or expedited 
        proceeding under section 237.61, within nine months of the 
        application, and considering any facts unique to that telephone 
        company.  In addition, if an application is granted, that 
        telephone company shall: 
           (1) permit interconnection or discontinue interconnection 
        for intrastate services to the same extent and in the same 
        manner and time frame as the Federal Communications Commission 
        may thereafter require for that small telephone company for 
        interstate purposes.; and 
           (2) unbundle its intrastate services and facilities used 
        for intrastate services to the same extent and in the same 
        manner as the Federal Communications Commission may thereafter 
        require for that telephone company for interstate purposes. 
           (b) If a telephone company with less than 50,000 
        subscribers is authorized by the Federal Communications 
        Commission to provide video common carrier services before the 
        rules required under subdivision 8 are adopted, an application 
        under this subdivision for certification to provide local 
        telephone service in an area served by that telephone company 
        shall be determined within 120 days of its filing. 
           Sec. 57.  Minnesota Statutes 1994, section 256.9753, 
        subdivision 3, is amended to read: 
           Subd. 3.  [EXPENDITURES.] The board shall consult with the 
        office of citizenship and volunteer services prior to expending 
        money available for the retired senior volunteer programs.  
        Expenditures shall be made (1) to strengthen and expand existing 
        retired senior volunteer programs, and (2) to encourage the 
        development of new programs in areas in the state where these 
        programs do not exist.  Grants shall be made consistent with 
        applicable federal guidelines. 
           Sec. 58.  Minnesota Statutes 1994, section 268.166, is 
        amended to read: 
           268.166 [CANCELLATION OF DELINQUENT CONTRIBUTIONS.] 
           Notwithstanding section 10.12, The commissioner may cancel 
        as uncollectible any contributions, reimbursements, penalties, 
        or the interest or costs thereon, which remain unpaid six years 
        after the amounts have been determined by the commissioner to be 
        due and payable.  This section does not prohibit the 
        commissioner from collecting any amounts secured by a notice of 
        lien or a judgment which are older than six years. 
           Sec. 59.  Minnesota Statutes 1994, section 270B.07, 
        subdivision 4, is amended to read: 
           Subd. 4.  [DISCLOSURE TO GAMBLING CONTROL BOARD.] The 
        commissioner may disclose return information for the purpose of 
        and to the extent necessary to administer sections 349.161, 
        subdivision 3, and 349.164, section 349.155, subdivision 3.  
           Sec. 60.  Minnesota Statutes 1995 Supplement, section 
        275.065, subdivision 6, is amended to read: 
           Subd. 6.  [PUBLIC HEARING; ADOPTION OF BUDGET AND LEVY.] 
        Between November 29 and December 20, the governing bodies of the 
        city, county, metropolitan special taxing districts as defined 
        in subdivision 3, paragraph (i), and regional library districts 
        shall each hold a public hearing to discuss and seek public 
        comment on its final budget and property tax levy for taxes 
        payable in the following year, and the governing body of the 
        school district shall hold a public hearing to review its 
        current budget and proposed property tax levy for taxes payable 
        in the following year.  The metropolitan special taxing 
        districts shall be required to hold only a single joint public 
        hearing, the location of which will be determined by the 
        affected metropolitan agencies. 
           At a subsequent hearing, each county, school district, 
        city, and metropolitan special taxing district may amend its 
        proposed property tax levy and must adopt a final property tax 
        levy.  Each county, city, and metropolitan special taxing 
        district may also amend its proposed budget and must adopt a 
        final budget at the subsequent hearing.  A school district is 
        not required to adopt its final budget at the subsequent 
        hearing.  The subsequent hearing of a taxing authority must be 
        held on a date subsequent to the date of the taxing authority's 
        initial public hearing, or subsequent to the date of its 
        continuation hearing if a continuation hearing is held.  The 
        subsequent hearing may be held at a regularly scheduled board or 
        council meeting or at a special meeting scheduled for the 
        purposes of the subsequent hearing.  The subsequent hearing of a 
        taxing authority does not have to be coordinated by the county 
        auditor to prevent a conflict with an initial hearing, a 
        continuation hearing, or a subsequent hearing of any other 
        taxing authority.  All subsequent hearings must be held prior to 
        five working days after December 20 of the levy year. 
           The time and place of the subsequent hearing must be 
        announced at the initial public hearing or at the continuation 
        hearing. 
           The property tax levy certified under section 275.07 by a 
        city, county, metropolitan special taxing district, regional 
        library district, or school district must not exceed the 
        proposed levy determined under subdivision 1, except by an 
        amount up to the sum of the following amounts: 
           (1) the amount of a school district levy whose voters 
        approved a referendum to increase taxes under section 124.82, 
        subdivision 3, 124A.03, subdivision 2, or 124B.03, subdivision 
        2, or 136C.411, after the proposed levy was certified; 
           (2) the amount of a city or county levy approved by the 
        voters after the proposed levy was certified; 
           (3) the amount of a levy to pay principal and interest on 
        bonds issued or approved by the voters under section 475.58 
        after the proposed levy was certified; 
           (4) the amount of a levy to pay costs due to a natural 
        disaster occurring after the proposed levy was certified, if 
        that amount is approved by the commissioner of revenue under 
        subdivision 6a; 
           (5) the amount of a levy to pay tort judgments against a 
        taxing authority that become final after the proposed levy was 
        certified, if the amount is approved by the commissioner of 
        revenue under subdivision 6a; 
           (6) the amount of an increase in levy limits certified to 
        the taxing authority by the commissioner of children, families, 
        and learning after the proposed levy was certified; and 
           (7) the amount required under section 124.755. 
           At the hearing under this subdivision, the percentage 
        increase in property taxes proposed by the taxing authority, if 
        any, and the specific purposes for which property tax revenues 
        are being increased must be discussed.  
           During the discussion, the governing body shall hear 
        comments regarding a proposed increase and explain the reasons 
        for the proposed increase.  The public shall be allowed to speak 
        and to ask questions.  At the subsequent hearing held as 
        provided in this subdivision, the governing body, other than the 
        governing body of a school district, shall adopt its final 
        property tax levy prior to adopting its final budget. 
           If the hearing is not completed on its scheduled date, the 
        taxing authority must announce, prior to adjournment of the 
        hearing, the date, time, and place for the continuation of the 
        hearing.  The continued hearing must be held at least five 
        business days but no more than 14 business days after the 
        original hearing. 
           The hearing must be held after 5:00 p.m. if scheduled on a 
        day other than Saturday.  No hearing may be held on a Sunday.  
        The governing body of a county shall hold a hearing on the 
        second Tuesday in December each year, and may hold additional 
        hearings on other dates before December 20 if necessary for the 
        convenience of county residents.  If the county needs a 
        continuation of its hearing, the continued hearing shall be held 
        on the third Tuesday in December.  If the third Tuesday in 
        December falls on December 21, the county's continuation hearing 
        shall be held on Monday, December 20.  The county auditor shall 
        provide for the coordination of hearing dates for all cities and 
        school districts within the county. 
           The metropolitan special taxing districts shall hold a 
        joint public hearing on the first Monday of December.  A 
        continuation hearing, if necessary, shall be held on the second 
        Monday of December. 
           By August 10, each school board and the board of the 
        regional library district shall certify to the county auditors 
        of the counties in which the school district or regional library 
        district is located the dates on which it elects to hold its 
        hearings and any continuations.  If a school board or regional 
        library district does not certify the dates by August 10, the 
        auditor will assign the hearing date.  The dates elected or 
        assigned must not conflict with the hearing dates of the county 
        or the metropolitan special taxing districts.  By August 20, the 
        county auditor shall notify the clerks of the cities within the 
        county of the dates on which school districts and regional 
        library districts have elected to hold their hearings.  At the 
        time a city certifies its proposed levy under subdivision 1 it 
        shall certify the dates on which it elects to hold its hearings 
        and any continuations.  The city must not select dates that 
        conflict with the county hearing dates, metropolitan special 
        taxing district dates, or with those elected by or assigned to 
        the school districts or regional library district in which the 
        city is located. 
           The county hearing dates and the city, metropolitan special 
        taxing district, regional library district, and school district 
        hearing dates must be designated on the notices required under 
        subdivision 3.  The continuation dates need not be stated on the 
        notices.  
           This subdivision does not apply to towns and special taxing 
        districts other than regional library districts and metropolitan 
        special taxing districts. 
           Notwithstanding the requirements of this section, the 
        employer is required to meet and negotiate over employee 
        compensation as provided for in chapter 179A.  
           Sec. 61.  Minnesota Statutes 1995 Supplement, section 
        276.04, subdivision 2, is amended to read: 
           Subd. 2.  [CONTENTS OF TAX STATEMENTS.] (a) The treasurer 
        shall provide for the printing of the tax statements.  The 
        commissioner of revenue shall prescribe the form of the property 
        tax statement and its contents.  The statement must contain a 
        tabulated statement of the dollar amount due to each taxing 
        authority from the parcel of real property for which a 
        particular tax statement is prepared.  The dollar amounts due 
        the county, township or municipality, the total of the 
        metropolitan special taxing districts as defined in section 
        275.065, subdivision 3, paragraph (i), school district excess 
        referenda levy, remaining school district levy, and the total of 
        other voter approved referenda levies based on market value 
        under section 275.61 must be separately stated.  The amounts due 
        all other special taxing districts, if any, may be aggregated.  
        For the purposes of this subdivision, "school district excess 
        referenda levy" means school district taxes for operating 
        purposes approved at referenda, including those taxes based on 
        net tax capacity as well as those based on market value.  
        "School district excess referenda levy" does not include school 
        district taxes for capital expenditures approved at referendums 
        or school district taxes to pay for the debt service on bonds 
        approved at referenda.  The amount of the tax on contamination 
        value imposed under sections 270.91 to 270.98, if any, must also 
        be separately stated.  The dollar amounts, including the dollar 
        amount of any special assessments, may be rounded to the nearest 
        even whole dollar.  For purposes of this section whole 
        odd-numbered dollars may be adjusted to the next higher 
        even-numbered dollar.  The amount of market value excluded under 
        section 273.11, subdivision 16, if any, must also be listed on 
        the tax statement.  The statement shall include the following 
        sentence, printed in upper case letters in boldface print:  "THE 
        STATE OF MINNESOTA DOES NOT RECEIVE ANY PROPERTY TAX REVENUES.  
        THE STATE OF MINNESOTA REDUCES YOUR PROPERTY TAX BY PAYING 
        CREDITS AND REIMBURSEMENTS TO LOCAL UNITS OF GOVERNMENT."  
           (b) The property tax statements for manufactured homes and 
        sectional structures taxed as personal property shall contain 
        the same information that is required on the tax statements for 
        real property.  
           (c) Real and personal property tax statements must contain 
        the following information in the order given in this paragraph.  
        The information must contain the current year tax information in 
        the right column with the corresponding information for the 
        previous year in a column on the left: 
           (1) the property's estimated market value under section 
        273.11, subdivision 1; 
           (2) the property's taxable market value after reductions 
        under section 273.11, subdivisions 1a and 16; 
           (3) the property's gross tax, calculated by multiplying the 
        property's gross tax capacity times the total local tax rate and 
        adding to the result the sum of the aids enumerated in clause 
        (3) (4); 
           (4) a total of the following aids: 
           (i) education aids payable under chapters 124 and 124A; 
           (ii) local government aids for cities, towns, and counties 
        under chapter 477A; and 
           (iii) disparity reduction aid under section 273.1398; 
           (5) for homestead residential and agricultural properties, 
        the homestead and agricultural credit aid apportioned to the 
        property.  This amount is obtained by multiplying the total 
        local tax rate by the difference between the property's gross 
        and net tax capacities under section 273.13.  This amount must 
        be separately stated and identified as "homestead and 
        agricultural credit."  For purposes of comparison with the 
        previous year's amount for the statement for taxes payable in 
        1990, the statement must show the homestead credit for taxes 
        payable in 1989 under section 273.13, and the agricultural 
        credit under section 273.132 for taxes payable in 1989; 
           (6) any credits received under sections 273.119; 273.123; 
        273.135; 273.1391; 273.1398, subdivision 4; 469.171; and 
        473H.10, except that the amount of credit received under section 
        273.135 must be separately stated and identified as "taconite 
        tax relief"; and 
           (7) the net tax payable in the manner required in paragraph 
        (a).  
           The commissioner of revenue shall certify to the county 
        auditor the actual or estimated aids enumerated in clauses (3) 
        and (4) that local governments will receive in the following 
        year.  In the case of a county containing a city of the first 
        class, for taxes levied in 1991, and for all counties for taxes 
        levied in 1992 and thereafter, the commissioner must certify 
        this amount by September 1.  
           Sec. 62.  Minnesota Statutes 1994, section 284.28, 
        subdivision 5, is amended to read: 
           Subd. 5.  In cases where the lands are and ever since the 
        time of filing the auditor's certificate of forfeiture under 
        section 281.23, subdivision 8 9, or filing of service of notice 
        of expiration of redemption under section 281.21, have been in 
        the actual, open, continuous, and exclusive possession of the 
        owner, or the owner's successors in interest, claiming adversely 
        to the state or its successors in interest, the period of 
        limitations as to such owner, or the owner's successors in 
        interest, shall be 
           (i) the time of the possession, or 
           (ii) the period of limitations provided in subdivisions 2 
        and 3, whichever period is greater. 
           Sec. 63.  Minnesota Statutes 1994, section 284.28, 
        subdivision 6, is amended to read: 
           Subd. 6.  Any claimant failing to commence an action or 
        assert a defense within the time prescribed by subdivisions 2 
        and 3 shall be conclusively presumed to have abandoned all 
        right, title, and interest in the lands described in the county 
        auditor's certificate of forfeiture or notice of expiration of 
        redemption, which certificate of forfeiture when filed under 
        section 281.23, subdivision 8 9, or notice of expiration of 
        redemption when filed under section 281.21, shall constitute 
        notice of the forfeiture of the lands affected to all persons 
        having or claiming an interest therein.  If no action or defense 
        is asserted and notice of lis pendens recorded within the time 
        prescribed by subdivisions 2 and 3, a certificate of sale or 
        state assignment certificate recorded with the county recorder 
        has the force and effect of a patent after the expiration of the 
        period prescribed by subdivision 1, subject to the rights of 
        persons described in subdivision 5 and any rights set forth in 
        the certificate of sale or state assignment certificate. 
           Except as provided in subdivision 11, the time prescribed 
        by subdivisions 2 and 3 shall not commence to run until June 15, 
        1977 as to any county auditor's certificate of forfeiture or 
        notice of expiration of the time for redemption filed prior to 
        June 15, 1977. 
           Sec. 64.  [REPEALER.] 
           Minnesota Statutes 1994, section 289A.60, subdivision 9, is 
        repealed. 
           Sec. 65.  Minnesota Statutes 1995 Supplement, section 
        295.50, subdivision 4, is amended to read: 
           Subd. 4.  [HEALTH CARE PROVIDER.] (a) "Health care 
        provider" means: 
           (1) a person furnishing any or all of the following goods 
        or services directly to a patient or consumer:  medical, 
        surgical, optical, visual, dental, hearing, nursing services, 
        drugs, medical supplies, medical appliances, laboratory, 
        diagnostic or therapeutic services, or any goods and services 
        not listed above that qualify for reimbursement under the 
        medical assistance program provided under chapter 256B.  For 
        purposes of this clause, "directly to a patient or consumer" 
        includes goods and services provided in connection with 
        independent medical examinations under section 65B.56 or other 
        examinations for purposes of litigation or insurance claims; 
           (2) a staff model health plan company; or 
           (3) an ambulance service required to be licensed. 
           (b) Health care provider does not include hospitals, 
        nursing homes licensed under chapter 144A or licensed in any 
        other jurisdiction, pharmacies, surgical centers, bus and 
        taxicab transportation, or any other providers of transportation 
        services other than ambulance services required to be licensed, 
        supervised living facilities for persons with mental retardation 
        or related conditions, licensed under Minnesota Rules, parts 
        4665.0100 to 4665.9900, residential care homes licensed under 
        chapter 144B, board and lodging establishments providing only 
        custodial services that are licensed under chapter 157 and 
        registered under section 157.031 157.17 to provide supportive 
        services or health supervision services, adult foster homes as 
        defined in Minnesota Rules, part 9555.5050, and boarding care 
        homes, as defined in Minnesota Rules, part 4655.0100. 
           Sec. 66.  Minnesota Statutes 1995 Supplement, section 
        297A.25, subdivision 11, is amended to read: 
           Subd. 11.  [SALES TO GOVERNMENT.] The gross receipts from 
        all sales, including sales in which title is retained by a 
        seller or a vendor or is assigned to a third party under an 
        installment sale or lease purchase agreement under section 
        465.71, of tangible personal property to, and all storage, use 
        or consumption of such property by, the United States and its 
        agencies and instrumentalities, the University of Minnesota, 
        state universities, community colleges, technical colleges, 
        state academies, the Minnesota center for arts education, and 
        school districts are exempt. 
           As used in this subdivision, "school districts" means 
        public school entities and districts of every kind and nature 
        organized under the laws of the state of Minnesota, including, 
        without limitation, school districts, intermediate school 
        districts, education districts, educational cooperative service 
        units, secondary vocational cooperative centers, special 
        education cooperatives, joint purchasing cooperatives, 
        telecommunication cooperatives, regional management information 
        centers, technical colleges, joint vocational technical 
        districts, and any instrumentality of a school district, as 
        defined in section 471.59. 
           Sales exempted by this subdivision include sales under 
        section 297A.01, subdivision 3, paragraph (f), but do not 
        include sales under section 297A.01, subdivision 3, paragraph 
        (j), clause (vii).  
           Sales to hospitals and nursing homes owned and operated by 
        political subdivisions of the state are exempt under this 
        subdivision.  
           The sales to and exclusively for the use of libraries of 
        books, periodicals, audio-visual materials and equipment, 
        photocopiers for use by the public, and all cataloguing and 
        circulation equipment, and cataloguing and circulation software 
        for library use are exempt under this subdivision.  For purposes 
        of this paragraph "libraries" means libraries as defined in 
        section 134.001, county law libraries under chapter 134A, the 
        state library under section 480.09, and the legislative 
        reference library. 
           Sales of supplies and equipment used in the operation of an 
        ambulance service owned and operated by a political subdivision 
        of the state are exempt under this subdivision provided that the 
        supplies and equipment are used in the course of providing 
        medical care.  Sales to a political subdivision of repair and 
        replacement parts for emergency rescue vehicles and fire trucks 
        and apparatus are exempt under this subdivision.  
           Sales to a political subdivision of machinery and 
        equipment, except for motor vehicles, used directly for mixed 
        municipal solid waste management services at a solid waste 
        disposal facility as defined in section 115A.03, subdivision 10, 
        are exempt under this subdivision.  
           Sales to political subdivisions of chore and homemaking 
        services to be provided to elderly or disabled individuals are 
        exempt. 
           Sales of telephone services to the department of 
        administration that are used to provide telecommunications 
        services through the intertechnologies revolving fund are exempt 
        under this subdivision. 
           This exemption shall not apply to building, construction or 
        reconstruction materials purchased by a contractor or a 
        subcontractor as a part of a lump-sum contract or similar type 
        of contract with a guaranteed maximum price covering both labor 
        and materials for use in the construction, alteration, or repair 
        of a building or facility.  This exemption does not apply to 
        construction materials purchased by tax exempt entities or their 
        contractors to be used in constructing buildings or facilities 
        which will not be used principally by the tax exempt entities. 
           This exemption does not apply to the leasing of a motor 
        vehicle as defined in section 297B.01, subdivision 5, except for 
        leases entered into by the United States or its agencies or 
        instrumentalities.  
           The tax imposed on sales to political subdivisions of the 
        state under this section applies to all political subdivisions 
        other than those explicitly exempted under this subdivision, 
        notwithstanding section 115A.69, subdivision 6, 116A.25, 
        360.035, 458A.09, 458A.30, 458D.23, 469.101, subdivision 2, 
        469.127, 473.394, 473.448, 473.545, or 473.608 or any other law 
        to the contrary enacted before 1992. 
           Sales exempted by this subdivision include sales made to 
        other states or political subdivisions of other states, if the 
        sale would be exempt from taxation if it occurred in that state, 
        but do not include sales under section 297A.01, subdivision 3, 
        paragraphs (c) and (e). 
           Sec. 67.  Minnesota Statutes 1994, section 298.39, is 
        amended to read: 
           298.39 [DISTRIBUTION OF PROCEEDS.] 
           The proceeds of the tax collected under section 298.35 
        shall be distributed by the state treasurer, upon certificate of 
        the commissioner of revenue to the general fund of the state and 
        to the various taxing districts in which the lands from which 
        the semitaconite was mined or quarried were located in the 
        following proportions:  22 percent thereof to the city or town; 
        50 percent thereof to the school district; 22 percent thereof to 
        the county; six percent thereof to the state.  If the mining 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 or towns among such subdivisions, and the part going to 
        school districts among such districts, and the part going to 
        counties among such counties, upon the basis of attributing 40 
        percent of the proceeds of the tax to the operation of mining or 
        quarrying the semitaconite, 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.  The commissioner's 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.  The amount so distributed 
        shall be divided among the various funds of the state, or of the 
        taxing districts in the same proportion as the general ad 
        valorem tax thereof.  If in any year the state shall not spread 
        any general ad valorem tax levy against real property, the 
        state's proportion of the tax shall be paid into the general 
        fund.  On or before October 10 of each calendar year each 
        producer of semitaconite subject to taxation under section 
        298.35, hereinafter called "taxpayer," shall file with the 
        commissioner of revenue and with the county auditor of each 
        county in which such taxpayer operates, and with the chief 
        clerical officer of each school district or city which is 
        entitled to participate in the distribution of the tax, 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.  Such 
        estimate shall list the taxing districts entitled to participate 
        in the distribution of such tax, and the amount of the estimated 
        tax which would be distributable to each such district in such 
        next ensuing calendar year on the basis of the last percentage 
        distribution certified by the commissioner of revenue.  If there 
        be no such prior certification, the taxpayer shall set forth its 
        estimate of the proper distribution of such tax under the law, 
        which estimate may be corrected by the commissioner on deeming 
        it improper, notice of such correction being given by the 
        commissioner to the taxpayer and the public officers receiving 
        such estimate.  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 
        city in the year in which such estimate is made, and payable in 
        the next ensuing calendar year.  Such taxpayer shall then pay, 
        at the times payments are required to be made pursuant to 
        section 298.36, as the amount of tax payable under section 
        298.35, the greater of (a) the amount shown by such estimate, or 
        (b) the amount due under said section as finally determined by 
        the commissioner of revenue pursuant to law.  If, as a result of 
        the payment of the amount of such estimate, the taxpayer has 
        paid in any calendar year an amount of tax in excess of the 
        amount due in such year under section 298.35, after application 
        of credits for any excess payments made in previous years, all 
        as determined by the commissioner of revenue, the taxpayer shall 
        be given credit for such excess amount against any taxes which, 
        under said section, may become due from the taxpayer in 
        subsequent years.  In any calendar year in which a general 
        property tax levy subject to chapter 124 or 124A or section 
        136C.411 has been made, if the taxes distributable to any such 
        city or school district are greater than the amount estimated to 
        be paid to any such city or school district in such year, the 
        excess of such distribution shall be held in a special fund by 
        the city or school district and shall not be expended until the 
        succeeding calendar year, and shall be included in computing the 
        permissible levies under chapter 124 or 124A or section 136C.411 
        of such city or school district payable in such year.  If the 
        amounts distributable to any such city or school district, after 
        final determination by the commissioner of revenue under this 
        section are less than the amounts indicated by such estimates, 
        such city or school district 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 chapters 124 
        and 124A and section 136C.411 an amount sufficient to pay such 
        certificates of indebtedness and interest thereon, or, if no 
        certificates were issued, an amount equal to such shortage. 
           There is hereby appropriated to such taxing districts as 
        are stated herein, from any fund or account in the state 
        treasury to which the money was credited, an amount sufficient 
        to make the payment or transfer. 
           Sec. 68.  Minnesota Statutes 1994, section 299L.07, 
        subdivision 8, is amended to read: 
           Subd. 8.  [LICENSE ACTIONS.] (a) The commissioner may not 
        issue or renew a license under this chapter, and shall revoke a 
        license under this chapter, if the applicant or licensee, or a 
        director, officer, partner, governor, person in a supervisory or 
        management position of the applicant or licensee, an employee 
        eligible to make sales on behalf of the applicant or licensee, 
        or direct or indirect holder of more than a five percent 
        financial interest in the applicant or licensee: 
           (1) has ever been convicted of a felony, or of a crime 
        involving gambling; 
           (2) has ever been convicted of (i) assault, (ii) a criminal 
        violation involving the use of a firearm, or (iii) making 
        terroristic threats; 
           (3) is or has ever connected with or engaged in an illegal 
        business; 
           (4) owes $500 or more in delinquent taxes as defined in 
        section 270.72; 
           (5) had a sales and use tax permit revoked by the 
        commissioner of revenue within the past two years; 
           (6) after demand, has not filed tax returns required by the 
        commissioner of revenue; or 
           (7) had a license or permit revoked or denied by another 
        jurisdiction for a violation of law or rule relating to gambling.
           The commissioner may deny or refuse to renew a license 
        under this chapter, and may revoke a license under this chapter, 
        if any of the conditions in this subdivision is applicable to an 
        affiliate of or a direct or indirect holder of more than a five 
        percent financial interest in the applicant or licensee. 
           (b) The commissioner may by order deny, suspend, revoke, 
        refuse to renew a license or premises permit, or censure a 
        licensee or applicant, if the commissioner finds that the order 
        is in the public interest and that the applicant or licensee, or 
        a director, officer, partner, person in a supervisory or 
        management position of the applicant of or licensee, or an 
        employee eligible to make sales on behalf of the applicant or 
        licensee: 
           (1) has violated or failed to comply with any provision of 
        this chapter, chapter 297E, or 349, or any rule adopted or order 
        issued thereunder; 
           (2) has filed an application for a license that is 
        incomplete in any material respect, or contains a statement 
        that, in light of the circumstances under which it was made, is 
        false, misleading, fraudulent, or a misrepresentation; 
           (3) has made a false statement in a document or report 
        required to be submitted to the director, the commissioner, or 
        the commissioner of revenue, or has made a false statement in a 
        statement made to the director or commissioner; 
           (4) has been convicted of a crime in another jurisdiction 
        that would be a felony if committed in Minnesota; 
           (5) is permanently or temporarily enjoined by any gambling 
        regulatory agency from engaging in or continuing any conduct or 
        practice involving any aspect of gambling; 
           (6) has had a gambling-related license revoked or 
        suspended, or has paid or been required to pay a monetary 
        penalty of $2,500 or more, by a gambling regulator in another 
        state or jurisdiction, or has violated or failed to comply with 
        an order of such a regulator that imposed those actions; 
           (7) has been the subject of any of the following actions by 
        the director or commissioner:  (i) had a license under this 
        chapter denied, suspended or revoked, (ii) been censured, 
        reprimanded, has paid or been required to pay a monetary penalty 
        or fine, or (iii) has been the subject of any other discipline 
        by the director; 
           (8) has engaged in conduct that is contrary to the public 
        health, welfare, or safety, or to the integrity of gambling; or 
           (9) based on the licensee's past activities or criminal 
        record, poses a threat to the public interest or to the 
        effective regulation and control of gambling, or creates or 
        enhances the danger of unsuitable, unfair, or illegal practices, 
        methods, and activities in the conduct of gambling or the 
        carrying on of the business and financial arrangements 
        incidental to the conduct of gambling. 
           Sec. 69.  Minnesota Statutes 1994, section 308A.135, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CERTIFICATE.] (a) A certificate must be prepared 
        stating:  
           (1) the vote and meeting of the board adopting a resolution 
        of the proposed amendment; 
           (2) the notice given to members of the meeting that at 
        which the amendment was adopted; 
           (3) the quorum registered at the meeting; and 
           (4) the vote cast adopting the amendment.  
           (b) The certificate must be signed by the chair, 
        vice-chair, president, vice-president, secretary, or assistant 
        secretary and filed with the records of the cooperative.  
           Sec. 70.  Minnesota Statutes 1994, section 325D.01, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [WORDS, TERMS, AND PHRASES.] Unless the 
        language or context clearly indicates that a different meaning 
        is intended, the words, terms, and phrases defined in this 
        section, for the purposes of sections 325D.02 to 325D.08 
        325D.07, shall be given the meanings subjoined to them. 
           Sec. 71.  Minnesota Statutes 1994, section 325D.69, 
        subdivision 2, is amended to read: 
           Subd. 2.  [MISDEMEANORS.] Any person, firm, or corporation, 
        whether as principal, agent, officer, or director, for itself, 
        or for another person, firm, or corporation, willfully violating 
        the provisions of sections 325D.03, 325D.04, and 325D.05 and 
        325D.08 shall be guilty of a misdemeanor.  
           Any person who, either as director, officer, or agent of 
        any firm or corporation or as agent of any person violating the 
        provisions of sections 325D.03, 325D.04, and 325D.05 and 
        325D.08, knowingly assists or aids directly or indirectly in 
        such violation shall be equally responsible therefor.  
           Sec. 72.  Minnesota Statutes 1994, section 325D.70, is 
        amended to read: 
           325D.70 [INJUNCTIVE RELIEF.] 
           In addition to the penalties provided in section 325D.69, 
        subdivision 2, the courts of this state are hereby vested with 
        jurisdiction to prevent and restrain violations of sections 
        325D.02 to 325D.07.  Any person, partnership, corporation, or 
        association damaged, or who is threatened with loss or injury, 
        by reason of a violation of these sections shall be entitled to 
        sue for and have injunctive relief in any court of competent 
        jurisdiction against any damage or threatened loss or injury by 
        reason of a violation thereof and for the amount of the actual 
        damages, if any.  In order to obtain such injunctive relief it 
        shall not be necessary to allege or prove that an adequate 
        remedy at law does not exist.  
           No person shall be excused from attending and testifying or 
        from producing books, papers, contracts, agreements, and 
        documents in any case or proceedings instituted or brought under 
        the provisions of sections 325D.02 to 325D.08 325D.07, 325D.69, 
        and this section, or in obedience to a subpoena, in any such 
        case or proceedings, on the ground or for the reason that the 
        testimony or evidence, documentary or otherwise, required of the 
        person may tend to criminate or subject the person to a penalty 
        or forfeiture; but no person shall be prosecuted or subjected to 
        any penalty or forfeiture for or on account of any transaction, 
        matter, or thing concerning which the person may testify, or 
        produce evidence, documentary or otherwise, in any such case or 
        proceedings, or in obedience to a subpoena, in any such case or 
        proceedings.  
           Sec. 73.  [REPEALER.] 
           Minnesota Statutes 1994, section 349.218, is repealed. 
           Sec. 74.  Minnesota Statutes 1994, section 349A.02, 
        subdivision 6, is amended to read: 
           Subd. 6.  [EMPLOYEES; BACKGROUND CHECKS.] The director 
        shall conduct background checks, or request the director of 
        gambling enforcement to conduct background checks, on all 
        prospective employees who are finalists, and shall require that 
        all employees of the lottery be fingerprinted.  No person may be 
        employed by the lottery who has been convicted of a felony or a 
        crime involving fraud or misrepresentation within five years of 
        starting employment with the lottery, or has ever been convicted 
        of a gambling-related offense.  The director has access to all 
        criminal history data compiled by the lottery division of 
        gambling enforcement on employees and prospective employees of 
        the lottery.  The director may employ necessary persons pending 
        the completion of a background check. 
           Sec. 75.  Minnesota Statutes 1994, section 352.75, 
        subdivision 6, is amended to read: 
           Subd. 6.  [INCREASE IN EXISTING ANNUITIES AND BENEFITS.] 
        All persons receiving retirement allowances or annuities, 
        disability benefits, survivorship annuities and survivor of 
        deceased active employee benefits from the former metropolitan 
        transit commission-transit operating division employees 
        retirement fund on December 31, 1977, and on July 1, 1978, are 
        entitled to have the allowances, annuities, or benefits 
        increased by an amount equal to $20 per month.  Notwithstanding 
        section 356.18, Increases in payments under this subdivision 
        must be made automatically unless the intended recipient files 
        written notice with the executive director of the Minnesota 
        state retirement system requesting that the increase not be 
        made.  If any actuarial reduction or adjustment was applied to 
        the retirement allowance or annuity, disability benefit, 
        survivorship annuity, or survivor of deceased active employee 
        benefit, the increase specified in this subdivision must be 
        similarly reduced or adjusted.  Upon the death of any person 
        receiving an annuity or benefit if the person elected a joint 
        and survivor optional annuity the survivor is entitled to the 
        continued receipt of the increase provided for under this 
        subdivision, but the increase must be reduced or adjusted in 
        accordance with the optional annuity election.  
           Sec. 76.  Minnesota Statutes 1994, section 352B.26, 
        subdivision 3, is amended to read: 
           Subd. 3.  [VALUATION OF ASSETS; ADJUSTMENT OF BENEFITS.] 
        (a) For former members beginning receipt of annuities and 
        qualified recipients of joint and survivor annuities and 
        surviving spouse benefits, the required reserves must be 
        determined in accordance with the appropriate mortality table 
        adopted by the board of directors of the Minnesota state 
        retirement system based on the experience of the fund as 
        recommended by the commission-retained actuary and using the 
        interest assumption specified in section 356.215, subdivision 
        4d.  Assets representing the required reserves for these 
        annuities must be transferred to the Minnesota postretirement 
        investment fund as of the last business day of the month in 
        which the retirement annuity begins as specified in section 
        11A.18.  
           (b) Annuity payments must be adjusted in accordance with 
        section 11A.18. 
           (c) Notwithstanding section 356.18, An increase in annuity 
        payments under this section must be made automatically unless 
        written notice is filed by the annuitant with the executive 
        director of the Minnesota state retirement system requesting 
        that the increase not be made.  
           Sec. 77.  Minnesota Statutes 1994, section 353.271, 
        subdivision 2, is amended to read: 
           Subd. 2.  [VALUATION OF ASSETS; ADJUSTMENT OF BENEFITS.] 
        (1) The required reserves for retirement annuities payable as 
        provided in this chapter other than those payable from the 
        various local relief association consolidation accounts, as 
        determined in accordance with the appropriate mortality table 
        adopted by the board of trustees based on the experience of the 
        fund as recommended by the actuary retained by the legislative 
        commission on pensions and retirement, and using the 
        postretirement interest assumption specified in section 356.215, 
        subdivision 4d, shall be transferred to the Minnesota 
        postretirement investment fund as of the last business day of 
        the month in which the retirement annuity begins.  
           (2) Annuity payments other than those payable from the 
        various local relief association consolidation accounts shall be 
        adjusted in accordance with the provisions of section 11A.18.  
           (3) Notwithstanding section 356.18, Increases in payments 
        pursuant to this section or from the various local relief 
        association consolidation accounts, if applicable, will be made 
        automatically unless the intended recipient files written notice 
        with the executive director of the public employees retirement 
        association requesting that the increase shall not be made. 
           Sec. 78.  Minnesota Statutes 1994, section 353.84, is 
        amended to read: 
           353.84 [INCREASE IN BENEFITS.] 
           All survivors and disabilitants who were receiving benefits 
        on June 30, 1973, shall receive from the appropriate special 
        fund, a 25 percent increase in such benefits accruing from 
        January 1, 1974; provided, that survivors of members who died 
        prior to July 1, 1973 and will not become eligible to receive 
        benefits until after June 30, 1973, shall receive the 25 percent 
        increase in such benefits when the benefits begin to accrue.  
        Such increases shall not be affected by any maximum limitations 
        otherwise provided in this chapter.  
           Notwithstanding section 356.18, Increases in payments 
        pursuant to this section will be made automatically unless the 
        intended recipient files written notice with the public 
        employees retirement association requesting that the increase 
        shall not be made.  
           Sec. 79.  Minnesota Statutes 1995 Supplement, section 
        354.05, subdivision 5, is amended to read: 
           Subd. 5.  [MEMBER OF THE ASSOCIATION.] "Member of the 
        association" means every teacher who contributes to the teachers 
        retirement fund as provided in this chapter who has not retired, 
        except a teacher covered by section 354B.02, subdivision 2 or 3, 
        who elects to participate in the individual retirement account 
        plan under chapter 354B, or a teacher who exercises an option to 
        elect coverage under another public pension plan enumerated in 
        section 356.30, subdivision 3.  Any former member of the 
        association who is retired and subsequently resumes teaching 
        service is a member of the association only for purposes of 
        social security coverage. 
           Sec. 80.  Minnesota Statutes 1994, section 354.094, as 
        amended by Laws 1995, chapter 141, article 3, section 20, is 
        amended to read: 
           354.094 [EXTENDED LEAVES OF ABSENCE.] 
           Subdivision 1.  [SERVICE CREDIT CONTRIBUTIONS.] Before the 
        end of the fiscal year during which any extended leave of 
        absence is granted pursuant to section 125.60 or 136.88 136F.43, 
        the employing unit granting the leave must certify the leave to 
        the association on a form specified by the executive director.  
        A member granted an extended leave of absence pursuant to 
        section 125.60 or 136.88 136F.43 may pay employee contributions 
        and receive allowable service credit toward annuities and other 
        benefits under this chapter, for each year of the leave provided 
        the member and the employing board make the required employer 
        contribution in any proportion they may agree upon, during the 
        period of the leave which shall not exceed five years.  A member 
        may not receive more than five years of allowable service credit 
        under this section.  The employee and employer contributions 
        must be based upon the rates of contribution prescribed by 
        section 354.42 for the salary received during the year 
        immediately preceding the extended leave.  Payments for the 
        years for which a member is receiving service credit while on 
        extended leave must be made on or before the later of June 30 of 
        each fiscal year for which service credit is received or within 
        30 days after first notification of the amount due, if requested 
        by the member, is given by the association.  No payment is 
        permitted after the following September 30.  Payments received 
        after June 30 must include interest at an annual rate of 8.5 
        percent from June 30 through the end of the month in which 
        payment is received.  Notwithstanding the provisions of any 
        agreements to the contrary, employee and employer contributions 
        may not be made to receive allowable service credit if the 
        member does not have full reinstatement rights as provided in 
        section 125.60 or 136.88 136F.43, both during and at the end of 
        the extended leave. 
           Subd. 2.  [MEMBERSHIP; RETENTION.] Notwithstanding section 
        354.49, subdivision 4, clause (3), a member on extended leave 
        whose employee and employer contributions are paid into the fund 
        pursuant to subdivision 1 shall retain membership in the 
        association for as long as the contributions are paid, under the 
        same terms and conditions as if the member had continued to 
        teach in the district, the community college system, or the 
        state university system. 
           Subd. 3.  [EFFECT OF NONPAYMENT.] A member on extended 
        leave of absence pursuant to section 125.60 or 136.88 136F.43 
        who does not pay employee contributions or whose employer 
        contribution is not paid into the fund in any year shall be 
        deemed to cease to render teaching services beginning in that 
        year for purposes of this chapter and may not pay employee or 
        employer contributions into the fund in any subsequent year of 
        the leave.  Nonpayment of contributions into the fund shall not 
        affect the rights or obligations of the member or the member's 
        employer under section 125.60 or 136.88 136F.43. 
           Subd. 4.  A member who pays employee contributions into the 
        fund for the agreed maximum duration of an extended leave and 
        who does not resume teaching in the first school year after that 
        maximum duration has elapsed shall be deemed to cease to render 
        teaching services beginning in that year for purposes of this 
        chapter. 
           Subd. 5.  The provisions of this section shall not apply to 
        a member who is discharged or placed on unrequested leave of 
        absence or retrenchment or layoff or whose contract is 
        terminated while the member is on an extended leave of absence 
        pursuant to section 125.60 or 136.88 136F.43.  
           Subd. 6.  A member who pays employee contributions and 
        receives allowable service credit in the association pursuant to 
        this section may not pay employee contributions or receive 
        allowable service credit for the same fiscal year in any other 
        Minnesota public employee pension plan, except a volunteer 
        firefighters' relief association governed by sections 69.771 to 
        69.776.  This subdivision shall not be construed to prohibit a 
        member who pays employee contributions and receives allowable 
        service credit in the association pursuant to this section in 
        any year from being employed as a substitute teacher by any 
        school district during that year.  Notwithstanding the 
        provisions of sections 354.091 and 354.42, a teacher may not pay 
        retirement contributions or receive allowable service credit in 
        the association for teaching service rendered for any part of 
        any year for which the teacher pays retirement contributions or 
        receives allowable service credit pursuant to this section or 
        section 354A.091 while on an extended leave of absence pursuant 
        to section 125.60. 
           Sec. 81.  Minnesota Statutes 1994, section 354.53, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [EMPLOYEE AND EMPLOYER CONTRIBUTIONS.] Any 
        employee given a leave of absence to enter military service and 
        who returns to teaching service upon discharge from military 
        service as provided in section 192.262, shall obtain credit for 
        the period of military service but shall not receive credit for 
        any voluntary extension of military service at the instance of 
        the member beyond the initial period of enlistment, induction or 
        call to active duty.  The member shall obtain credit by paying 
        into the fund an employee contribution based upon the salary of 
        the member at the date of return from military service.  The 
        amount of this contribution shall be as follows: 
           
               Period          Basic Member     Coordinated Member
             July 1, 1973       8 percent          4 percent
                thru
             June 30, 1979
             July 1, 1979
                and             8.5 percent        4.5 percent
             thereafter
           The contributions specified in this subdivision shall be 
        multiplied by the number of years of military service together 
        with interest thereon at an annual rate of 8.5 percent 
        compounded annually from the time the military service was 
        rendered to the first date of payment.  The employer 
        contribution and additional contribution provided in section 
        354.42 shall be paid by the unit in the manner provided in 
        section 354.43 354.52, subdivision 4. 
           Sec. 82.  Minnesota Statutes 1994, section 354.55, 
        subdivision 14, is amended to read: 
           Subd. 14.  All annuities payable from the Minnesota 
        postretirement investment fund which are in effect on June 30, 
        1973 shall be increased in the same ratio that the actuarially 
        computed reserve for such annuities determined by using an 
        interest assumption of 3-1/2 percent bears to the actuarially 
        computed reserve for such annuities determined by using an 
        interest assumption of five percent.  The reserves upon which 
        such increases shall be based shall be the actuarially 
        determined reserves for all Minnesota postretirement investment 
        fund annuities which were in effect on June 30, 1972, in 
        accordance with the mortality assumptions then in effect and at 
        interest assumptions of 3-1/2 percent and five percent.  Such 
        ratio of increase computed to the last full 1/100 of one percent 
        shall be applied to all annuities payable from the Minnesota 
        postretirement investment fund which are in effect on June 30, 
        1973.  Notwithstanding the provisions of section 356.18, 
        Increases in annuity payments pursuant to this subdivision will 
        be made automatically unless written notice is filed by the 
        annuitant with the teachers retirement association board 
        requesting that the increase shall not be made. 
           Sec. 83.  Minnesota Statutes 1994, section 354.55, 
        subdivision 15, is amended to read: 
           Subd. 15.  Notwithstanding the maximum benefit provisions 
        of section 354.46, subdivision 1, all benefits and annuities 
        payable pursuant to sections 354.48; 354.46, subdivision 1 and 
        Laws 1915, chapter 199, as amended, which are in effect on June 
        30, 1973 shall be increased 25 percent.  Such increase shall 
        begin to accrue January 1, 1974.  Notwithstanding the provisions 
        of section 356.18, Increases in benefit and annuity payments 
        pursuant to this subdivision will be made automatically unless 
        written notice is filed by the annuitant with the teachers 
        retirement association board requesting that the increase shall 
        not be made. 
           Sec. 84.  Minnesota Statutes 1995 Supplement, section 
        354.63, subdivision 2, is amended to read: 
           Subd. 2.  [VALUATION OF ASSETS; ADJUSTMENT OF BENEFITS.] 
        (1) The required reserves for retirement annuities as determined 
        in accordance with this chapter shall be transferred to the 
        Minnesota postretirement investment fund as of the last business 
        day of the month in which the retirement annuity begins.  The 
        required reserves shall be determined in accordance with the 
        appropriate annuity table of mortality adopted by the board of 
        trustees as provided in section 354.07, subdivision 1, based on 
        the experience of the fund as recommended by the 
        commission-retained actuary and using the interest assumption 
        specified in section 356.215, subdivision 4d.  
           (2) Annuity payments shall be adjusted in accordance with 
        the provisions of section 11A.18.  In making these adjustments, 
        members who retire effective July 1 shall be considered to have 
        retired effective the preceding June 30.  This section applies 
        to persons who retired effective July 1, 1982, or later.  
           (3) Notwithstanding section 356.18, An increase in annuity 
        payments pursuant to this section will be made automatically 
        unless written notice is filed by the annuitant with the 
        executive director of the teachers retirement association 
        requesting that the increase shall not be made. 
           Sec. 85.  Minnesota Statutes 1994, section 354.66, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [TEACHERS, DEFINED.] As used in this 
        section, the term "teachers" shall have the meaning given it in 
        section 125.03, subdivision 1, except that the term shall not 
        include superintendents.  The term shall also have the meaning 
        given it in section 136.88 136F.43, subdivision 1. 
           Sec. 86.  Minnesota Statutes 1994, section 354.66, 
        subdivision 6, is amended to read:  
           Subd. 6.  [INSURANCE.] A board of an employing district 
        entering into an agreement authorized by this section shall take 
        all steps necessary to assure continuance of any insurance 
        programs furnished or authorized a full time teacher on an 
        identical basis and with identical sharing of costs for a part 
        time teacher pursuant to this section, provided, however, that 
        the requirements of this sentence may be modified by a 
        collective bargaining agreement between a board and an exclusive 
        representative pursuant to chapter 179.  Notwithstanding the 
        provisions of section 43A.25, Teachers as defined in section 
        136.88 136F.43 employed on a less than 75 percent time basis 
        pursuant to this section shall be eligible for state paid 
        insurance benefits as if the teachers were employed full time. 
           Sec. 87.  Minnesota Statutes 1994, section 354A.092, is 
        amended to read: 
           354A.092 [SABBATICAL LEAVE.] 
           Any teacher in the coordinated program of either the 
        Minneapolis teachers retirement fund association or the St.  
        Paul teachers retirement fund association or any teacher in the 
        new law coordinated program of the Duluth teachers retirement 
        fund association who is granted a sabbatical leave shall be 
        entitled to receive allowable service credit in the applicable 
        association for periods of sabbatical leave.  To obtain the 
        service credit, the teacher on sabbatical leave shall make an 
        employee contribution to the applicable association.  No teacher 
        shall be entitled to receive more than three years of allowable 
        service credit pursuant to this section for a period or periods 
        of sabbatical leave during any ten consecutive fiscal or 
        calendar years, whichever is the applicable plan year for the 
        teachers retirement fund association.  If the teacher granted a 
        sabbatical leave makes the employee contribution for a period of 
        sabbatical leave pursuant to this section, the employing unit 
        shall make an employer contribution on behalf of the teacher to 
        the applicable association for that period of sabbatical leave 
        in the manner described in section 354.43, subdivisions 1 and 
        5 354A.12, subdivision 2a.  The employee and employer 
        contributions shall be in an amount equal to the employee and 
        employer contribution rates in effect for other active members 
        of the association covered by the same program applied to a 
        salary figure equal to the teacher's actual covered salary for 
        the plan year immediately preceding the sabbatical leave 
        period.  Payment of the employee contribution authorized 
        pursuant to this section shall be made by the teacher on or 
        before June 30 of year next following the year in which the 
        sabbatical leave terminated and shall be made without interest.  
        For sabbatical leaves taken after June 30, 1986, the required 
        employer contributions shall be paid by the employing unit 
        within 30 days after notification by the association of the 
        amount due.  If the employee contributions for the sabbatical 
        leave period are less than an amount equal to the applicable 
        contribution rate applied to a salary figure equal to the 
        teacher's actual covered salary for the plan year immediately 
        preceding the sabbatical leave period, service credit shall be 
        prorated.  The prorated service credit shall be determined by 
        the ratio between the amount of the actual payment which was 
        made and the full contribution amount payable pursuant to this 
        section. 
           Sec. 88.  Minnesota Statutes 1994, section 354A.093, is 
        amended to read: 
           354A.093 [MILITARY SERVICE CREDIT.] 
           Any teacher in the coordinated program of either the 
        Minneapolis teachers retirement fund association or the St.  
        Paul teachers retirement fund association or any teacher in the 
        new law coordinated program of the Duluth teachers retirement 
        fund association who is granted a leave of absence to enter 
        military service and who returns to active teaching service upon 
        discharge from military service as provided in section 192.262, 
        shall be entitled to receive allowable service credit in the 
        applicable association for all or a portion of the period of 
        military service but not for any voluntary extension of military 
        service beyond the initial period of enlistment, induction or 
        call to active duty which occurred at the instance of the 
        teacher.  If the teacher granted the military service leave of 
        absence makes the employee contribution for a period of military 
        service leave of absence pursuant to this section, the employing 
        unit shall make an employer contribution on behalf of the 
        teacher to the applicable association for the period of the 
        military service leave of absence in the manner described in 
        section 354.43, subdivisions 1 and 5 354A.12, subdivision 2a.  
        The employee and employer contributions shall be in an amount 
        equal to the employee and employer contribution rates in effect 
        for other active members of the association covered by the same 
        program applied to a salary figure equal to the teacher's annual 
        salary rate at the date of return from military service, 
        multiplied by the number of years constituting the period of the 
        military service leave of absence which the teacher seeks to 
        purchase.  Payment shall include interest on the amount payable 
        pursuant to this section at the rate of six percent compounded 
        annually from the year the military service was rendered to the 
        date of payment.  If the payments made by a teacher pursuant to 
        this section are less than an amount equal to the applicable 
        contribution rate applied to a salary figure equal to the 
        teacher's annual salary rate at the date of return from military 
        service, multiplied by the number of years constituting the 
        period of the military service leave of absence, service credit 
        shall be prorated.  The prorated service credit shall be 
        determined by the ratio between the amount of the actual payment 
        which was made and the full contribution amount payable pursuant 
        to this section.  In order to be entitled to receive service 
        credit under this section, payment shall be made within five 
        years from the date of discharge from military service. 
           Sec. 89.  Minnesota Statutes 1995 Supplement, section 
        354A.094, subdivision 4, is amended to read: 
           Subd. 4.  [RETIREMENT CONTRIBUTIONS.] Notwithstanding any 
        provision to the contrary in this chapter or the articles of 
        incorporation or bylaws of an association relating to the salary 
        figure to be used for the determination of contributions or the 
        accrual of service credit, a teacher assigned to a part-time 
        position under this section shall continue to make employee 
        contributions to and to accrue allowable service credit in the 
        applicable association during the period of part-time employment 
        on the same basis and in the same amounts as would have been 
        paid and accrued if the teacher had been employed on a full-time 
        basis provided that, prior to June 30 each year the member and 
        the employing board make that portion of the required employer 
        contribution to the applicable association in any proportion 
        which they may agree upon, that is based on the difference 
        between the amount of compensation that would have been paid if 
        the teacher had been employed on a full-time basis and the 
        amount of compensation actually received by the teacher for 
        services rendered in the part-time assignment.  The employer 
        contributions to the applicable association on behalf of the 
        teacher shall be based on the amount of compensation actually 
        received by the teacher for the services rendered in the 
        part-time assignment in the manner described in section 354.43 
        354A.12, subdivision 3 2a.  The employee and employer 
        contributions shall be based upon the rates of contribution 
        prescribed by section 354A.12.  Full membership, accrual of 
        allowable service credit and employee contributions for 
        part-time teaching service by a teacher pursuant to this section 
        and section 354.66 shall not continue for a period longer than 
        ten years.  
           Sec. 90.  Minnesota Statutes 1995 Supplement, section 
        354D.01, subdivision 2, is amended to read: 
           Subd. 2.  [INDIVIDUAL RETIREMENT ACCOUNT PLAN OR PLAN.] 
        "Individual retirement account plan" or "plan" means the 
        individual retirement account plan established by sections 
        354B.01 354B.20 to 354B.05 354B.30. 
           Sec. 91.  Minnesota Statutes 1995 Supplement, section 
        354D.06, is amended to read: 
           354D.06 [ADMINISTRATION.] 
           The Minnesota state university system or its successor 
        shall administer the individual retirement account plan for 
        eligible employees in accordance with sections 354B.01 354B.20 
        to 354B.05 354B.30. 
           Sec. 92.  Minnesota Statutes 1994, section 355.391, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [TERMS.] Unless the context indicates 
        otherwise, for the purposes of this section and sections section 
        355.392 and 490.129, the terms defined in this section shall 
        have the meanings given to them.  
           Sec. 93.  Minnesota Statutes 1994, section 355.392, 
        subdivision 2, is amended to read: 
           Subd. 2.  [EMPLOYER CONTRIBUTIONS.] For services by judges 
        referred to in subdivision 1, clause (b), the state court 
        administrator shall pay into the contribution fund established 
        pursuant to section 355.04, an employer contribution on wages 
        equal the employer tax rate imposed by the Federal Insurance 
        Contributions Act.  
           Sec. 94.  Minnesota Statutes 1994, section 355.392, 
        subdivision 3, is amended to read: 
           Subd. 3.  [EMPLOYEE CONTRIBUTIONS.] For services by judges 
        referred to in subdivision 1, clause (b), the judge shall 
        pay into the contribution fund established pursuant to section 
        355.04, an employee contribution on wages equal to the employee 
        tax rate imposed by the Federal Insurance Contributions Act.  
        The contribution must be made by payroll deduction.  
           Sec. 95.  Minnesota Statutes 1994, section 356.86, 
        subdivision 2, is amended to read: 
           Subd. 2.  [AMOUNT OF POSTRETIREMENT ADJUSTMENT; PAYMENT.] 
        (a) For any person receiving an annuity or benefit on November 
        30, 1989, and entitled to receive a postretirement adjustment 
        under subdivision 1, the postretirement adjustment is a lump sum 
        payment calculated under paragraph (b) or (c). 
           (b) For coordinated plan annuity or benefit recipients, the 
        postretirement adjustment in 1989 is $25 for each full year of 
        allowable service credited to the person by the respective 
        retirement fund.  In 1990 and each following year, the 
        postretirement adjustment is the amount payable in the preceding 
        year increased by the same percentage applied to regular 
        annuities paid from the postretirement fund or, for the 
        retirement funds specified in subdivision 3, clauses (6), (7), 
        and (8), by the same percentage applied under the articles of 
        incorporation and bylaws of these funds. 
           (c) For basic plan annuity or benefit recipients, the 
        postretirement adjustment in 1989 is the greater of: 
           (1) $25 for each full year of allowable service credited to 
        the person by the respective retirement fund; or 
           (2) the difference between: 
           (i) the product of $400 times the number of full years of 
        allowable service credited to the person by the respective 
        retirement fund; and 
           (ii) the sum of the benefits payable to the person from any 
        Minnesota public employee pension plan, and cash benefits 
        payable to the person from the Social Security Administration. 
           In 1990 and each following year, each eligible basic plan 
        annuity or benefit recipient shall receive the amount received 
        in the preceding year increased by the same percentage applied 
        to regular annuities paid from the postretirement fund or, for 
        the retirement funds specified in subdivision 3, clauses (6), 
        (7), and (8), by the same percentage applied under the articles 
        of incorporation and bylaws of these funds. 
           (d) The postretirement adjustment provided for in this 
        section is payable for those persons receiving an annuity or 
        benefit on November 30, 1989, on December 1, 1989.  In 
        subsequent years, the adjustment must be paid on December 1 to 
        those persons receiving an annuity or benefit on the preceding 
        November 30.  A person who is eligible may elect to participate 
        in an optional annuity or benefit receipt schedule under 
        subdivision 4.  This section does not authorize the payment of a 
        postretirement adjustment to an estate if the annuity or benefit 
        recipient dies before the November 30 eligibility date.  
        Notwithstanding section 356.18, The postretirement adjustment 
        provided for in this section must be paid automatically unless 
        the intended recipient files a written notice with the 
        retirement fund requesting that the postretirement adjustment 
        not be paid or returns the amount of adjustment to the 
        retirement fund.  Written notice of the waiver of the 
        postretirement adjustment is irrevocable for the year during 
        which it was made. 
           Sec. 96.  Minnesota Statutes 1994, section 356.865, 
        subdivision 2, is amended to read: 
           Subd. 2.  [AMOUNT OF PAYMENT.] (a) For any person receiving 
        an annuity or benefit on November 30, 1991, and entitled to 
        receive a supplemental benefit lump sum payment under 
        subdivision 1, the payment is $28 for each full year of 
        allowable service credited to the person by the retirement fund. 
           In 1992 and each following year, each eligible benefit 
        recipient shall receive the amount received in the preceding 
        year increased by the same percentage applied on the most recent 
        January 1 to regular annuities paid from the Minneapolis 
        employees retirement fund. 
           (b) The payment provided for in this section is payable on 
        December 1, 1991, to those persons receiving an annuity or 
        benefit on November 30, 1991.  In subsequent years, the payment 
        must be made on December 1 to those persons receiving an annuity 
        or benefit on the preceding November 30.  This section does not 
        authorize payment to an estate if the annuity or benefit 
        recipient dies before the November 30 eligibility date.  
        Notwithstanding section 356.18, The payment provided for in this 
        section must be paid automatically unless the intended recipient 
        files a written notice with the retirement fund requesting that 
        it not be paid. 
           Sec. 97.  Minnesota Statutes 1994, section 402.01, 
        subdivision 1, is amended to read: 
           Subdivision 1.  One or more contiguous counties situated 
        within the boundaries of the same region designated pursuant to 
        sections 462.381 to 462.396 or section 473.122 473.121, 
        subdivision 2, may, by resolution of their county boards of 
        commissioners, designate a human services board having the 
        composition, powers, and duties provided in sections 402.01 to 
        402.10. 
           Sec. 98.  Minnesota Statutes 1994, section 422A.06, 
        subdivision 5, is amended to read: 
           Subd. 5.  [TRANSFER OF RESERVES TO RETIREMENT BENEFIT FUND; 
        ADJUSTMENTS OF ANNUITIES AND BENEFITS.] (a) Assets equal to the 
        required reserves for retirement annuities as determined in 
        accordance with the appropriate mortality table adopted by the 
        board of trustees based on the experience of the fund as 
        recommended by the commission-retained actuary and using the 
        postretirement interest assumption specified in section 356.215, 
        subdivision 4d, shall be transferred to the disability benefit 
        fund as provided in subdivision 7, or the retirement benefit 
        fund, except for any amounts payable from the survivor benefit 
        fund, as of date of retirement. 
           (b) Annuity payments shall be adjusted in accordance with 
        this chapter, except that no minimum retirement payments 
        described in this chapter shall include any amounts payable from 
        the survivors' benefit fund or disability benefit fund and 
        supplemented benefits specifically financed by statute. 
           (c) Notwithstanding the provisions of section 356.18, 
        Increases in annuity payments pursuant to this section shall be 
        made automatically unless written notice on a form prescribed by 
        the board is filed with the retirement board requesting that the 
        increase not be made. 
           (d) Any additional annuity which began to accrue on July 1, 
        1973, or which began to accrue on January 1, 1974, pursuant to 
        Laws 1973, chapter 770, section 1, shall be considered as part 
        of the base amount to be used in determining any postretirement 
        adjustments payable pursuant to the provisions of subdivision 8. 
           Sec. 99.  Minnesota Statutes 1994, section 462A.07, 
        subdivision 14, is amended to read: 
           Subd. 14.  [AMERICAN INDIANS.] (a) It may engage in housing 
        programs for low- and moderate-income American Indians developed 
        and administered separately or in combination by the Minnesota 
        Chippewa tribe, the Red Lake band of Chippewa Indians, and the 
        Sioux communities as determined by such tribe, band, or 
        communities.  In furtherance of the policy of economic 
        integration stated in section 462A.02, subdivision 6, it may 
        engage in housing programs for American Indians who intend to 
        reside on reservations and who are not persons of low and 
        moderate income, provided that the aggregate dollar amount of 
        the loans for each lender's fiscal year shall not exceed an 
        amount equal to 25 percent of the total dollar amount of all 
        loans made by that lender during the lender's fiscal year at the 
        time of loan application.  In developing such housing programs, 
        the tribe, band, or communities shall take into account the 
        housing needs of all American Indians residing both on and off 
        reservations within the state.  A plan for each such program, 
        which specifically describes the program content, utilization of 
        funds, administration, operation, implementation and other 
        matter, as determined by the agency, must be submitted to the 
        agency for its review and approval prior to the making of 
        eligible loans pursuant to section 462A.21.  All such programs 
        must conform to rules promulgated by the agency concerning 
        program administration, including but not limited to rules 
        concerning costs of administration; the quality of housing; 
        interest rates, fees, and charges in connection with making 
        eligible loans; and other matters determined by the agency to be 
        necessary in order to effectuate the purposes of this 
        subdivision and section 462A.21, subdivisions 4b and 4c.  All 
        such programs must provide for a reasonable balance in the 
        distribution of funds appropriated for the purpose of this 
        section between American Indians residing on and off 
        reservations within the state.  Nothing in this section shall 
        preclude such tribe, band, or communities from requesting and 
        receiving cooperation, advice, and assistance from the agency as 
        regards program development, operation, delivery, financing, or 
        administration.  As a condition to the making of such eligible 
        loans, the Minnesota Chippewa tribe, the Red Lake band of 
        Chippewa Indians, and the Sioux communities shall: 
           (1) enter into a loan agreement and other contractual 
        arrangements with the agency for the purpose of transferring the 
        allocated portion of loan funds as set forth in section 462A.26 
        and to insure compliance with the provisions of this section and 
        this chapter; and 
           (2) agree that all of their official books and records 
        related to such housing programs shall be subjected to audit by 
        the legislative auditor in the manner prescribed for agencies of 
        state government. 
           The agency shall submit a biennial report concerning the 
        various housing programs for American Indians, and related 
        receipts and expenditures as provided in section 462A.22, 
        subdivision 9, and such tribe, band, or communities to the 
        extent that they administer such programs, shall be responsible 
        for any costs and expenses related to such administration 
        provided, however, they shall be eligible for payment for costs, 
        expenses, and services pursuant to subdivision 12 and section 
        462A.21.  The agency may provide or cause to be provided 
        essential general technical services as set forth in subdivision 
        2, and general consultative project assistance services, 
        including, but not limited to, management training, and home 
        ownership counseling as set forth in subdivision 3.  Members of 
        boards, committees, or other governing bodies of the tribe, 
        band, and communities administering the programs authorized by 
        this subdivision must be compensated for those services as 
        provided in section 15.0575.  Rules promulgated under this 
        subdivision may be promulgated as emergency rules under chapter 
        14. 
           (b) The agency may engage in demonstration projects to 
        encourage the participation of financial institutions or other 
        leveraging sources in providing housing opportunities for 
        American Indians.  The agency shall consult with the Minnesota 
        Chippewa tribe, the Red Lake band of Chippewa Indians, and the 
        Sioux communities in developing the demonstration projects.  The 
        income limits specified in paragraph (a) do not apply to the 
        demonstration projects. 
           (c) The agency may make home improvement loans under this 
        subdivision without regard to household income.  
           Sec. 100.  Minnesota Statutes 1994, section 462A.08, 
        subdivision 3, is amended to read: 
           Subd. 3.  All notes or bonds issued under this section are 
        securities as defined in section 336.8-102 and may be issued as 
        certificated securities or as uncertificated securities.  
        Certificated securities may be issued in bearer or registered 
        form.  The agency may perform all actions that are permitted or 
        required of issuers of securities under sections 336.8-101 to 
        336.8-408 336.8-511.  If notes or bonds are issued as 
        uncertificated securities, and this chapter or other law 
        requires or permits the notes or bonds to contain a statement or 
        recital, whether on their face or otherwise, it is sufficient 
        compliance with the law that the statement or recital is 
        contained in the transaction statement or in a resolution or 
        other instrument that is made a part of the note or bond by 
        reference in the transaction statement as provided in section 
        336.8-202.  All notes and bonds so issued may be either general 
        obligations of the agency, secured by its full faith and credit, 
        and payable out of any money, assets, or revenues of the agency, 
        subject to the provisions of resolutions or indentures pledging 
        and appropriating particular money, assets, or revenues to 
        particular notes or bonds, or limited obligations of the agency 
        not secured by its full faith and credit, and payable solely 
        from those moneys, assets, or revenues of the agency as may be 
        authorized by resolution or indenture.  
           Sec. 101.  Minnesota Statutes 1994, section 469.141, 
        subdivision 2, is amended to read: 
           Subd. 2.  [POWER TO REGULATE.] Cities may regulate all 
        drilling, except water well and exploratory drilling that is 
        subject to the provisions of sections 156A.01 to 156A.10 chapter 
        103I, above, in, through, and adjacent to subsurface areas 
        designated for mined underground space development and existing 
        mined underground space.  The regulations may prohibit, 
        restrict, control, and require permits for such drilling.  
           Sec. 102.  [REPEALER.] 
           Minnesota Statutes 1994, section 471.6161, subdivision 7, 
        is repealed. 
           Sec. 103.  Minnesota Statutes 1994, section 473.446, 
        subdivision 2, is amended to read: 
           Subd. 2.  [TRANSIT TAXING DISTRICT.] The metropolitan 
        transit taxing district is hereby designated as that portion of 
        the metropolitan transit area lying within the following named 
        cities, towns, or unorganized territory within the counties 
        indicated: 
           (a) Anoka county.  Anoka, Blaine, Centerville, Columbia 
        Heights, Coon Rapids, Fridley, Circle Pines, Hilltop, Lexington, 
        Lino Lakes, Spring Lake Park; 
           (b) Carver county.  Chanhassen, the city of Chaska; 
           (c) Dakota county.  Apple Valley, Burnsville, Eagan, Inver 
        Grove Heights, Lilydale, Mendota, Mendota Heights, Rosemount, 
        South St. Paul, Sunfish Lake, West St. Paul; 
           (d) Ramsey county.  All of the territory within Ramsey 
        county; 
           (e) Hennepin county.  Bloomington, Brooklyn Center, 
        Brooklyn Park, Champlin, Chanhassen, Crystal, Deephaven, Eden 
        Prairie, Edina, Excelsior, Golden Valley, Greenwood, Hopkins, 
        Long Lake, Maple Grove, Medicine Lake, Minneapolis, Minnetonka, 
        Minnetonka Beach, Mound, New Hope, Orono, Osseo, Plymouth, 
        Richfield, Robbinsdale, St. Anthony, St. Louis Park, Shorewood, 
        Spring Park, Tonka Bay, Wayzata, Woodland, the unorganized 
        territory of Hennepin county; 
           (f) Scott county.  Prior Lake, Savage, Shakopee; 
           (g) Washington county.  Baytown, the city of Stillwater, 
        White Bear Lake, Bayport, Birchwood, Cottage Grove, Dellwood, 
        Lake Elmo, Landfall, Mahtomedi, Newport, Oakdale, Oak Park 
        Heights, Pine Springs, St. Paul Park, Willernie, Woodbury. 
           The metropolitan council in its sole discretion may provide 
        transit service by contract beyond the boundaries of the 
        metropolitan transit taxing district or to cities and towns 
        within the taxing district which are receiving financial 
        assistance under section 174.265 473.388, upon petition therefor 
        by an interested city, township or political subdivision within 
        the metropolitan transit area.  The metropolitan council may 
        establish such terms and conditions as it deems necessary and 
        advisable for providing the transit service, including such 
        combination of fares and direct payments by the petitioner as 
        will compensate the council for the full capital and operating 
        cost of the service and the related administrative activities of 
        the council.  The amount of the levy made by any municipality to 
        pay for the service shall be disregarded when calculation of 
        levies subject to limitations is made, provided that cities and 
        towns receiving financial assistance under section 174.265 
        473.388 shall not make a special levy under this subdivision 
        without having first exhausted the available local transit funds 
        as defined in section 174.265 473.388.  The council shall not be 
        obligated to extend service beyond the boundaries of the taxing 
        district, or to cities and towns within the taxing district 
        which are receiving financial assistance under section 174.265 
        473.388, under any law or contract unless or until payment 
        therefor is received. 
           Sec. 104.  Minnesota Statutes 1994, section 473.516, 
        subdivision 3, is amended to read: 
           Subd. 3.  [LOCAL RESTRICTIONS.] Counties and local units of 
        government may impose conditions respecting the construction, 
        operation, inspection, monitoring, and maintenance of a waste 
        facility of the council and conditions respecting the sale, 
        gift, delivery, storage, use, and disposal of sewage sludge of 
        the council on private property as a soil conditioner or 
        amendment, but only in the manner and only to the extent 
        authorized and approved by the council and the pollution control 
        agency as being consistent with the establishment and use of the 
        council's waste facilities and the disposal of the council's 
        sewage sludge on private property in accordance with the 
        council's plan, adopted under Minnesota Statutes 1992, section 
        473.153, and agency permits and rules.  Counties may exercise 
        the enforcement powers granted under section 473.811, 
        subdivision 5c, in the manner and to the extent authorized and 
        approved in accordance with this subdivision.  
           Sec. 105.  Minnesota Statutes 1994, section 473.545, is 
        amended to read: 
           473.545 [PROPERTY EXEMPT FROM TAXATION.] 
           Any properties, real or personal, owned, leased, 
        controlled, used, or occupied by the council for any purpose 
        referred to in Minnesota Statutes 1984, section 473.502, are 
        declared to be acquired, owned, leased, controlled, used and 
        occupied for public, governmental, and municipal purposes, and 
        shall be exempt from taxation by the state or any political 
        subdivision of the state, provided that such properties shall be 
        subject to special assessments levied by a political subdivision 
        for a local improvement in amounts proportionate to and not 
        exceeding the special benefit received by the properties from 
        such improvement.  No possible use of any such properties in any 
        manner different from their use as part of the metropolitan 
        disposal system at the time shall be considered in determining 
        the special benefit received by such properties.  All such 
        assessments shall be subject to final confirmation by the 
        metropolitan council, whose determination of the benefits shall 
        be conclusive upon the political subdivision levying the 
        assessment.  
           Sec. 106.  [REPEALER.] 
           Minnesota Statutes 1994, section 473.604, subdivision 7, is 
        repealed. 
           Sec. 107.  Minnesota Statutes 1994, section 473.639, is 
        amended to read: 
           473.639 [RELATION TO AIRPORT HAZARD ZONING.] 
           Sections 473.636 and 473.637 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 473.636 or 
        473.637 must be consistent with any exercise of powers by the 
        commissioner under sections 360.061 to 360.093 360.073. 
           Sec. 108.  [REPEALER.] 
           Minnesota Statutes 1994, section 473.704, subdivision 6, is 
        repealed. 
           Sec. 109.  Minnesota Statutes 1995 Supplement, section 
        474.191, is amended to read: 
           474.191 [CARRYFORWARD ALLOCATION OF 1984 ISSUANCE 
        AUTHORITY.] 
           The department of energy and economic development shall 
        allocate any amount of the state private activity bond issuance 
        authority for calendar year 1984 pursuant to a federal 
        limitation act which is not used on or before December 31, 1984, 
        by any issuer or allocated to a project eligible for 
        carryforward treatment pursuant to Laws 1984, chapter 582, to 
        issuers for projects which qualify for carryforward treatment of 
        private activity bond issuance authority under a federal 
        limitation act and regulations thereunder.  An issuer which 
        desires an allocation pursuant to this section must submit an 
        application to the department on or before the last date on 
        which an election may be filed to carry forward unused private 
        activity bond issuance authority pursuant to a federal 
        limitation act and regulations thereunder.  The application must 
        contain the following information:  
           (1) the name and address of the issuer; 
           (2) a description of the project for which an allocation of 
        private activity bond issuance authority is requested (the 
        higher education services office may satisfy the requirements of 
        this clause by stating that the bond proceeds are intended to be 
        used for student loans); 
           (3) the amount of bond issuance authority requested; and 
           (4) a certification of the issuer that the project to which 
        the application relates qualifies for carryforward treatment of 
        allocated 1984 private activity bond issuance authority 
        according to the terms of a federal limitation act and 
        regulations thereunder.  
           Applications submitted pursuant to this section need not be 
        accompanied by an application deposit or preliminary 
        resolution.  The department shall award allocations of 1984 
        private activity bond issuance authority to applications in the 
        order in which applications are received by the department.  The 
        department shall return the application deposits made by 
        applicants for a carryover allocation pursuant to section 
        474.19, subdivision 7.  The amount necessary to pay the refund 
        of application deposits is appropriated to the department of 
        energy and economic development from the general fund.  The 
        department shall not award any allocation of 1984 private 
        activity bond issuance authority pursuant to this section to any 
        application which does not comply with clause (4).  
           For purposes of this section, "issuer" means a local issuer 
        or the higher education services office. 
           Sec. 110.  Minnesota Statutes 1994, section 480A.06, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CERTIORARI REVIEW.] The court of appeals shall 
        have jurisdiction to issue writs of certiorari to all agencies, 
        public corporations and public officials, except the tax court 
        and the workers' compensation court of appeals.  The court of 
        appeals shall have jurisdiction to review decisions of the 
        commissioner of economic security, pursuant to section 
        268.10 268.105. 
           Sec. 111.  Minnesota Statutes 1994, section 524.3-101, is 
        amended to read: 
           524.3-101 [DEVOLUTION OF ESTATE AT DEATH; RESTRICTIONS.] 
           The power of a person to leave property by will, and the 
        rights of creditors, devisees, and heirs to the person's 
        property are subject to the restrictions and limitations 
        contained in chapters 524 and 525 to facilitate the prompt 
        settlement of estates.  Upon death, a person's real and personal 
        property devolves to the persons to whom it is devised by last 
        will or to those indicated as substitutes for them in cases 
        involving lapse, disclaimer, renunciation, or other 
        circumstances affecting the devolution of testate estates, or in 
        the absence of testamentary disposition, to the decedent's 
        heirs, or to those indicated as substitutes for them in cases 
        involving disclaimer, renunciation or other circumstances 
        affecting devolution of intestate estates, subject to the 
        provisions of sections 525.14 and 525.145 524.2-402, the 
        allowances provided for by section 525.15 sections 524.2-403 and 
        524.2-404, to the rights of creditors, elective share of the 
        surviving spouse, and to administration.  
           Sec. 112.  Minnesota Statutes 1994, section 524.3-108, is 
        amended to read: 
           524.3-108 [PROBATE, TESTACY AND APPOINTMENT PROCEEDINGS; 
        ULTIMATE TIME LIMIT.] 
           No informal probate or appointment proceeding or formal 
        testacy or appointment proceeding, other than a proceeding to 
        probate a will previously probated at the testator's domicile 
        and appointment proceedings relating to an estate in which there 
        has been a prior appointment, may be commenced more than three 
        years after the decedent's death, except (1) if a previous 
        proceeding was dismissed because of doubt about the fact of the 
        decedent's death, appropriate probate, appointment or testacy 
        proceedings may be maintained at any time thereafter upon a 
        finding that the decedent's death occurred prior to the 
        initiation of the previous proceeding and the applicant or 
        petitioner has not delayed unduly in initiating the subsequent 
        proceeding; (2) appropriate probate, appointment or testacy 
        proceedings may be maintained in relation to the estate of an 
        absentee, or disappeared or missing person, at any time within 
        three years after the death of the absentee or disappeared or 
        missing person is established; and (3) a proceeding to contest 
        an informally probated will and to secure appointment of the 
        person with legal priority for appointment in the event the 
        contest is successful, may be commenced within the later of 12 
        months from the informal probate or three years from the 
        decedent's death.  These limitations do not apply to proceedings 
        to construe probated wills, determine heirs of an intestate, or 
        proceedings to determine descent.  In cases under (1) or (2) 
        above, the date on which a testacy or appointment proceeding is 
        properly commenced shall be deemed to be the date of the 
        decedent's death for purposes of other limitations provisions of 
        this chapter which relate to the date of death.  Nothing herein 
        contained prohibits the formal appointment of a special 
        administrator at any time for the purposes of reducing assets to 
        possession, administering the same under direction of the court, 
        or making distribution of any residue to the heirs or 
        distributees determined to be entitled thereto pursuant to a 
        descent proceeding under section 525.31 or an exempt summary 
        proceeding under section 525.51 524.3-1203, even though the 
        three year period above referred to has expired. 
           Sec. 113.  Minnesota Statutes 1994, section 524.3-901, is 
        amended to read: 
           524.3-901 [SUCCESSORS' RIGHTS IF NO ADMINISTRATION.] 
           In the absence of administration, the heirs and devisees 
        are entitled to the estate in accordance with the terms of a 
        probated will or the laws of intestate succession.  Devisees may 
        establish title by the probated will to devised property.  
        Persons entitled to property pursuant to sections 524.2-402, 
        524.2-403, 525.14, 525.145, 525.15 or intestacy may establish 
        title thereto by proof of the decedent's ownership and death, 
        and their relationship to the decedent.  Successors take subject 
        to all charges incident to administration, including the claims 
        of creditors and allowances of surviving spouse and dependent 
        children, and subject to the rights of others resulting from 
        abatement, retainer, advancement, and ademption.  
           Sec. 114.  Minnesota Statutes 1994, section 524.3-1204, is 
        amended to read: 
           524.3-1204 [SMALL ESTATES; CLOSING BY SWORN STATEMENT OF 
        PERSONAL REPRESENTATIVE.] 
           (a) Unless prohibited by order of the court and except for 
        estates being administered by supervised personal 
        representatives, a personal representative may close an estate 
        administered under the summary procedures of section 524.3-1203 
        by filing with the court, at any time after disbursement and 
        distribution of the estate, a statement stating that: 
           (1) to the best knowledge of the personal representative, 
        the entire estate, less liens and encumbrances, did not exceed 
        an exempt homestead as provided for in section 525.145 
        524.2-402, the allowances provided for in section 525.15 
        sections 524.2-403 and 524.2-404, costs and expenses of 
        administration, reasonable funeral expenses, and reasonable, 
        necessary medical and hospital expenses of the last illness of 
        the decedent; 
           (2) the personal representative has fully administered the 
        estate by disbursing and distributing it to the persons entitled 
        thereto; and 
           (3) the personal representative has sent a copy of the 
        closing statement to all distributees of the estate and to all 
        creditors or other known claimants whose claims are neither paid 
        nor barred and has furnished a full account in writing of the 
        personal representative's administration to the distributees 
        whose interests are affected. 
           (b) If no actions or proceedings involving the personal 
        representative are pending in the court one year after the 
        closing statement is filed, the appointment of the personal 
        representative terminates. 
           (c) A closing statement filed under this section has the 
        same effect as one filed under section 524.3-1003. 
           Sec. 115.  Minnesota Statutes 1995 Supplement, section 
        525.6197, is amended to read: 
           525.6197 [Discharge of guardian or conservator; property of 
        a minor.] 
           When a minor receives or is entitled to personal property, 
        the court may order a guardian or conservator to make payment of 
        up to $2,000 of the property to the parent or parents, 
        custodian, or the person, corporation, or institution with whom 
        the minor child is, for the benefit, support, maintenance, and 
        education of the minor or may direct the investment of the whole 
        or any part of that amount in a savings account, savings 
        certificate, or certificate of deposit in a bank, savings 
        bank, or savings association, or savings and loan association 
        having deposit insurance, in the name of the minor.  When so 
        invested the savings account passbook, savings certificate, 
        certificate of deposit, or other acknowledgment of receipt of 
        the deposit by the depository is to be kept as provided by the 
        court.  The depository shall be instructed not to allow the 
        investment to be withdrawn, except by order of the court.  The 
        court may authorize the use of any part or all of that amount to 
        purchase United States government savings bonds in the minor's 
        name.  The bonds shall be kept as provided by the court and 
        retained until the minor reaches majority unless otherwise 
        authorized by an order of the court. 
           Sec. 116.  Minnesota Statutes 1994, section 525.712, is 
        amended to read: 
           525.712 [REQUISITES.] 
           The appeal may be taken by any person aggrieved within 30 
        days after service of notice of the filing of the order, 
        judgment, or decree appealed from, or if no notice be served, 
        within six months after the filing of the order, judgment, or 
        decree.  Except as provided in this section, the appeal shall be 
        perfected and determined upon the record as provided in sections 
        484.63 and the rules of appellate procedure. 
           Sec. 117.  Minnesota Statutes 1994, section 550.15, is 
        amended to read: 
           550.15 [CERTIFICATE TO BE FURNISHED OFFICER.] 
           When the officer, with a writ of attachment or an execution 
        against the defendant, applies to any person mentioned in 
        section 550.14 550.135 for the purpose of attaching or levying 
        upon property mentioned therein, such person shall furnish the 
        officer with a certificate showing the description and amount of 
        the property of the judgment debtor held by such person or 
        corporation, the number of rights or shares of such debtor in 
        the stock of the corporation, with any dividend thereon, or the 
        debt owing to the judgment debtor, with any encumbrance upon the 
        property; and, on refusal so to do, such person may be required 
        by the court to attend before it and be examined on oath 
        concerning the same.  
           Sec. 118.  [REPEALER.] 
           Laws 1995, chapter 259, article 3, section 7, subdivision 
        2, is repealed. 
           Sec. 119.  Minnesota Statutes 1995 Supplement, section 
        609.101, subdivision 2, is amended to read: 
           Subd. 2.  [MINIMUM FINES.] Notwithstanding any other law, 
        when a court sentences a person convicted of violating section 
        609.221, 609.222, 609.223, 609.2231, 609.224, 609.2242, 609.267, 
        609.2671, 609.2672, 609.342, 609.343, 609.344, or 609.345, it 
        must impose a fine of not less than 30 percent of the maximum 
        fine authorized by law nor more than the maximum fine authorized 
        by law.  
           The court shall collect the portion of the fine mandated by 
        this subdivision and forward 70 percent of it to a local victim 
        assistance program that provides services locally in the county 
        in which the crime was committed.  The court shall forward the 
        remaining 30 percent to the commissioner of finance to be 
        credited to the general fund.  If more than one victim 
        assistance program serves the county in which the crime was 
        committed, the court may designate on a case-by-case basis which 
        program will receive the fine proceeds, giving consideration to 
        the nature of the crime committed, the types of victims served 
        by the program, and the funding needs of the program.  If no 
        victim assistance program serves that county, the court shall 
        forward 100 percent of the fine proceeds to the commissioner of 
        finance to be credited to the general fund.  Fine proceeds 
        received by a local victim assistance program must be used to 
        provide direct services to crime victims.  
           The minimum fine required by this subdivision is in 
        addition to the surcharge or assessment required by subdivision 
        1 and is in addition to any sentence of imprisonment or 
        restitution imposed or ordered by the court. 
           As used in this subdivision, "victim assistance program" 
        means victim witness programs within county attorney offices or 
        any of the following programs:  crime victim crisis centers, 
        victim-witness programs, battered women shelters and nonshelter 
        programs, and sexual assault programs. 
           Sec. 120.  Minnesota Statutes 1995 Supplement, section 
        609.485, subdivision 2, is amended to read: 
           Subd. 2.  [ACTS PROHIBITED.] Whoever does any of the 
        following may be sentenced as provided in subdivision 4: 
           (1) escapes while held in lawful custody on a charge or 
        conviction of a crime, or while held in lawful custody on an 
        allegation or adjudication of a delinquent act while 18 years of 
        age; 
           (2) transfers to another, who is in lawful custody on a 
        charge or conviction of a crime, or introduces into an 
        institution in which the latter is confined, anything usable in 
        making such escape, with intent that it shall be so used; 
           (3) having another in lawful custody on a charge or 
        conviction of a crime, intentionally permits the other to 
        escape; 
           (4) escapes while in a facility designated under section 
        253B.18, subdivision 1, pursuant to a court commitment order 
        after a finding of not guilty by reason of mental illness or 
        mental deficiency of a crime against the person, as defined in 
        section 253B.02, subdivision 4a.  Notwithstanding section 
        609.17, no person may be charged with or convicted of an attempt 
        to commit a violation of this clause; or 
           (5) escapes while in a facility designated under section 
        253B.18, subdivision 1, pursuant to a court commitment order 
        under section 253B.185 or Minnesota Statutes 1992, section 
        526.10. 
           For purposes of clause (1), "escapes while held in lawful 
        custody" includes absconding from electronic monitoring or 
        absconding after removing an electronic monitoring device from 
        the person's body. 
           Sec. 121.  Minnesota Statutes 1995 Supplement, section 
        609.485, subdivision 4, is amended to read: 
           Subd. 4.  [SENTENCE.] (a) Except as otherwise provided in 
        subdivision 3a, whoever violates this section may be sentenced 
        as follows: 
           (1) if the person who escapes is in lawful custody on a 
        charge or conviction of a felony, to imprisonment for not more 
        than five years or to payment of a fine of not more than 
        $10,000, or both; 
           (2) if the person who escapes is in lawful custody after a 
        finding of not guilty by reason of mental illness or mental 
        deficiency of a crime against the person, as defined in section 
        253B.02, subdivision 4a, or pursuant to a court commitment order 
        under section 253B.185 or Minnesota Statutes 1992, section 
        526.10, to imprisonment for not more than one year and one day 
        or to payment of a fine of not more than $3,000, or both; or 
           (3) if such charge or conviction is for a gross misdemeanor 
        or misdemeanor, or if the person who escapes is in lawful 
        custody on an allegation or adjudication of a delinquent act 
        while 18 years of age, to imprisonment for not more than one 
        year or to payment of a fine of not more than $3,000, or both.  
           (b) If the escape was a violation of subdivision 2, clause 
        (1), (2), or (3), and was effected by violence or threat of 
        violence against a person, the sentence may be increased to not 
        more than twice those permitted in paragraph (a), clauses (1) 
        and (3). 
           (c) Unless a concurrent term is specified by the court, a 
        sentence under this section shall be consecutive to any sentence 
        previously imposed or which may be imposed for any crime or 
        offense for which the person was in custody when the person 
        escaped. 
           (d) Notwithstanding paragraph (c), if a person who was 
        committed to the commissioner of corrections under section 
        260.185 escapes from the custody of the commissioner while 18 
        years of age, the person's sentence under this section shall 
        commence on the person's 19th birthday or on the person's date 
        of discharge by the commissioner of corrections, whichever 
        occurs first.  However, if the person described in this clause 
        is convicted under this section after becoming 19 years old and 
        after having been discharged by the commissioner, the person's 
        sentence shall commence upon imposition by the sentencing court. 
           (e) Notwithstanding paragraph (c), if a person who is in 
        lawful custody on an allegation or adjudication of a delinquent 
        act while 18 years of age escapes from a local juvenile 
        correctional facility, the person's sentence under this section 
        begins on the person's 19th birthday or on the person's date of 
        discharge from the jurisdiction of the juvenile court, whichever 
        occurs first.  However, if the person described in this 
        paragraph is convicted after becoming 19 years old and after 
        discharge from the jurisdiction of the juvenile court, the 
        person's sentence begins upon imposition by the sentencing court.
           Sec. 122.  Minnesota Statutes 1994, section 624.7132, 
        subdivision 8, is amended to read: 
           Subd. 8.  [REPORT NOT REQUIRED.] If the proposed transferee 
        presents a valid transferee permit issued under section 624.7131 
        or a valid permit to carry issued under section 624.714, or if 
        the transferee is a licensed peace officer, as defined in 
        section 626.84, subdivision 1 the transferor need not file a 
        transfer report. 
           Sec. 123.  Minnesota Statutes 1994, section 626A.13, 
        subdivision 4, is amended to read: 
           Subd. 4.  [DEFENSE.] A good faith reliance on: 
           (1) a court warrant or order, a grand jury subpoena, a 
        legislative authorization, or a statutory authorization; 
           (2) a request of an investigative or law enforcement 
        officer under United States Code, title 18, section 2518(7); or 
           (3) a good faith determination that section 626A.02, 
        subdivision 3, permitted the conduct complained of; 
        is a complete defense against any civil or criminal action 
        brought under sections 626A.01 to 626A.23 this chapter or any 
        other law. 
           Sec. 124.  Minnesota Statutes 1994, section 629.68, is 
        amended to read: 
           629.68 [PROHIBITING SURETIES TO MAKE FALSE STATEMENTS IN 
        AFFIDAVITS; PENALTY.] 
           A person who willfully and knowingly makes a false 
        statement in an affidavit made under sections section 629.67 to 
        629.69, is guilty of perjury under section 609.48. 
           Sec. 125.  [REPEALER.] 
           Laws 1991, chapter 354, article 6, section 7, subdivisions 
        2 and 3, are repealed.  
           Sec. 126.  Laws 1995, chapter 159, section 1, is amended to 
        read: 
           Section 1.  [PRIVATE SALE OF TAX-FORFEITED LAND; DAKOTA 
        COUNTY.] 
           (a) Notwithstanding Minnesota Statutes, sections 92.45, 
        103F.535, and 282.018, subdivision 1, paragraph (a), and the 
        public sale provisions of Minnesota Statutes, chapter 282, 
        Dakota county may convey to the city of Eagan, without 
        consideration, the lands bordering public waters that are 
        described in paragraph (c), under the remaining provisions of 
        Minnesota Statutes, chapter 282. 
           (b) The conveyance must be in a form approved by the 
        attorney general.  The conveyance must provide that, except as 
        provided in section 2, the land reverts to the state if it is 
        not used for public park or open space purposes. 
           (c) The lands that may be conveyed are located in Dakota 
        county, are designated by the Dakota county parcel number 
        contained within the parentheses, and are described as: 
           (1) (Parcel No. 10-01100-011-75) as: 
           That part of the East Half of the East Half of the 
        Southeast Quarter of Section 11, Township 27 North, Range 23 
        West, described as follows: 
           Commencing at the southeast corner of said Section 11; 
        thence North 0 degrees 04 minutes 54 seconds East assumed 
        bearing, along the east line of the Southeast Quarter of said 
        Section 11, 878.96 feet to the northeast corner of OUTLOT I, 
        GOPHER INDUSTRIAL PARK 2ND ADDITION, record plat and the point 
        of beginning of the tract to be described; thence North 89 
        degrees 37 minutes 34 seconds West along the north line of said 
        OUTLOT I 660.45 feet to the easterly line of EAGANDALE CENTER 
        INDUSTRIAL PARK NO. 4, record plat; thence North 0 degrees 07 
        minutes 28 seconds East along the easterly line of said 
        EAGANDALE CENTER INDUSTRIAL PARK NO. 4 1406.80 feet to the 
        southerly line of BORCHERT-INGERSOLL, INC. 1ST ADDITION, record 
        plat; thence North 76 degrees 29 minutes 44 seconds East along 
        the southerly line of said BORCHERT-INGERSOLL, INC. 1ST ADDITION 
        678.38 feet to the east line of the Southeast Quarter of said 
        Section 11; thence South 0 degrees 04 minutes 54 seconds West 
        along the east line of said Southeast Quarter 1569.53 feet to 
        the point of beginning. 
           Containing 22.54 acres, more or less, subject to a city 
        drainage and utility easement. 
           (2) (Parcel No. 10-01200-011-50) as: 
           That part of the West Half of the Southwest Quarter of 
        Section 12, Township 27 North, Range 23 West, described as 
        follows: 
           Commencing at the southwest corner or of said Section 12; 
        thence North 0 degrees 04 minutes 54 seconds East assumed 
        bearing, along the west line of the Southwest Quarter of said 
        Section 12, 878.47 feet to the northwest corner of OUTLOT H, 
        GOPHER EAGAN INDUSTRIAL PARK 2ND ADDITION, record plat and the 
        point of beginning of the tract to be described; thence North 89 
        degrees 55 minutes 06 seconds East along the north line of 
        OUTLOT H and OUTLOT G, of said GOPHER EAGAN INDUSTRIAL PARK 2ND 
        ADDITION 1321.39 feet to the east line of the West Half of the 
        Southwest Quarter of said Section 12; thence North 0 degrees 02 
        minutes 16 seconds West along the east line of the West half of 
        said Southwest Quarter 1128.04 feet to the westerly right of way 
        line of the Soo Line Railroad (formerly the Chicago Milwaukee, 
        St. Paul and Pacific Railroad); thence North 37 degrees 55 
        minutes 59 seconds West along said westerly railroad right of 
        way 804.77 feet to the north line of the West Half of the 
        Southwest Quarter of said Section 12; thence South 89 degrees 56 
        minutes 35 seconds West along the north line of said West Half 
        of the Southwest Quarter 13.20 feet to the southerly line of 
        BORCHERT-INGERSOLL, INC. 1ST ADDITION, record plat; thence South 
        76 degrees 29 minutes 44 seconds West along the southerly line 
        of said BORCHERT-INGERSOLL, INC. 1ST ADDITION 833.52 feet to the 
        west line of the Southwest Quarter of said Section 12; thence 
        South 0 degrees 04 minutes 54 seconds West along the west line 
        of said Southwest Quarter 1570.02 feet to the point of beginning.
           Containing 48.02 acres, more or less, subject to a city 
        drainage and utility easement. 
           Sec. 127.  [REPEALER.] 
           Laws 1995, chapter 186, section 38, is repealed. 
           Sec. 128.  [REPEALER.] 
           Laws 1995, chapter 186, section 78, is repealed. 
           Sec. 129.  Laws 1995, chapter 202, article 4, section 24, 
        is amended to read: 
           Sec. 24.  [SUNSET.] 
           Sections 5, 20, and 21 expire May 31, 1997.  The amendments 
        made to Minnesota Statutes, section 47.52, by section 5 expire 
        May 31, 1997. 
           Sec. 130.  Laws 1995, chapter 212, article 4, section 65, 
        is amended to read: 
           Sec. 65.  [REPEALER.] 
           Minnesota Statutes 1994, sections 15.38, subdivision 4; 
        136.01; 136.02; 136.03; 136.031; 136.036; 136.045; 136.065; 
        136.07; 136.09; 136.10; 136.11; 136.111; 136.12; 136.13; 136.14; 
        136.141; 136.142; 136.143; 136.144; 136.145; 136.146; 136.147; 
        136.17; 136.171; 136.172; 136.18; 136.19; 136.20; 136.21; 
        136.22; 136.232; 136.24; 136.25; 136.261; 136.27; 136.31; 
        136.311; 136.32; 136.33; 136.34; 136.35; 136.36; 136.37; 136.38; 
        136.40; 136.41; 136.42; 136.43; 136.44; 136.45; 136.46; 136.47; 
        136.48; 136.49; 136.50; 136.501; 136.502; 136.503; 136.504; 
        136.505; 136.506; 136.507; 136.55; 136.56; 136.57; 136.58; 
        136.60; 136.6011; 136.602; 136.603; 136.61; 136.62; 136.621; 
        136.622; 136.63; 136.65; 136.651; 136.653; 136.67; 136.70; 
        136.71; 136.72; 136.88; 136.90; 136C.01; 136C.02; 136C.03; 
        136C.04; 136C.041; 136C.042; 136C.043; 136C.044; 136C.05; 
        136C.06; 136C.07; 136C.075; 136C.08; 136C.13; 136C.15; 136C.17; 
        136C.31; 136C.34; 136C.41; 136C.411; 136C.43; 136C.44; 136C.50; 
        136C.51; 136C.60; 136C.61; 136C.62; 136C.63; 136C.64; 136C.65; 
        136C.66; 136C.67; 136C.68; 136C.69; 136C.70; 136C.71; 136C.75; 
        136E.04, subdivisions 2, 3, 4, 5, 6, and 7; 136E.395; and 
        136E.692, subdivision 4, are repealed.  
           Sec. 131.  [REVIVAL OF STATUTES.] 
           Notwithstanding Minnesota Statutes, section 645.36, 
        Minnesota Statutes, sections 136.31, 136.32, 136.33, 136.34, 
        136.35, 136.36, 136.37, 136.38, and 136.41, are revived 
        retroactive to the date the repeal was effective. 
           Sec. 132.  [EFFECTIVE DATE.] 
           Sections 130 to 131 are effective the day following final 
        enactment. 
           Sec. 133.  [REPEALER.] 
           Laws 1995, chapter 224, sections 117, 118, 119, 120, and 
        121, are repealed. 
           Sec. 134.  [REPEALER.] 
           Laws 1995, chapter 234, article 3, section 3, is repealed. 
           Sec. 135.  [REPEALER.] 
           Laws 1995, chapter 247, article 1, section 44, is repealed. 
           Sec. 136.  [REPEALER.] 
           Laws 1995, chapter 248, article 10, section 15, is repealed.
           Sec. 137.  Laws 1995, First Special Session chapter 3, 
        article 8, section 25, subdivision 6, is amended to read: 
           Subd. 6.  [SCHOOL BREAKFAST.] To operate the school 
        breakfast program: 
             $419,000     .....     1996
             $456,000     .....     1997
           If the appropriation amount attributable to either year is 
        insufficient, the rate of payment for each fully paid student 
        breakfast shall be reduced and the aid for that year shall be 
        prorated among participating schools so as not to exceed the 
        total authorized appropriation for that year.  Any unexpected 
        unexpended balance remaining shall be used to subsidize the 
        payments made for school lunch aid per Minnesota Statutes, 
        section 124.646.  
           Up to one percent of the program funding can be used by the 
        department of education for technical and administrative 
        assistance. 
           Sec. 138.  [REVISOR'S INSTRUCTION.] 
           In the next and subsequent editions of Minnesota Statutes, 
        the revisor shall change the terms "educational cooperative 
        service unit" and similar terms to "service cooperative" and 
        similar terms and "ECSU" to "SC."  
           Sec. 139.  [REVISOR'S INSTRUCTION.] 
           In each section of Minnesota Statutes referred to in column 
        A, the revisor of statutes shall delete the reference in column 
        B and insert the reference in column C. 
             Column A                 Column B           Column C 
             8.31, subd. 1            325D.08            325D.07 
             16B.43, subd. 2          121.936            121.935 
             62D.01, subd. 1          62D.29             62D.24 
             136D.75                  136D.77            136D.76 
             136D.76, subd. 2         136D.77            136D.76 
             354B.20, subd. 10        352.73             352.72 
                                   ARTICLE 2 
                          ADMINISTRATIVE PROCEDURE ACT 
           Section 1.  Minnesota Statutes 1994, section 14.47, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PLAN OF PUBLICATION AND SUPPLEMENTATION.] 
        The revisor of statutes shall: 
           (1) formulate a plan for the compilation of all permanent 
        agency rules and, to the extent practicable, emergency agency 
        other rules, adopted pursuant to the administrative procedure 
        act or filed pursuant to the provisions of section 14.38, 
        subdivisions 5 to 9 which were in effect at the time the rules 
        were filed or subdivision 11, including their order, 
        classification, arrangement, form, and indexing, and any 
        appropriate tables, annotations, cross references, citations to 
        applicable statutes, explanatory notes, and other appropriate 
        material to facilitate use of the rules by the public, and for 
        the compilation's composition, printing, binding and 
        distribution; 
           (2) publish the compilation of permanent agency rules and, 
        if practicable, emergency other rules, adopted pursuant to the 
        administrative procedure act or filed pursuant to the provisions 
        of section 14.38, subdivisions 5 to 9 which were in effect at 
        the time the rules were filed or subdivision 11, which shall be 
        called "Minnesota Rules"; 
           (3) periodically either publish a supplement or a new 
        compilation, which includes all rules adopted since the last 
        supplement or compilation was published and removes rules 
        incorporated in prior compilations or supplements which are no 
        longer effective; 
           (4) include in Minnesota Rules a consolidated list of 
        publications and other documents incorporated by reference into 
        the rules after June 30, 1981, and found conveniently available 
        by the revisor under section 14.07, subdivision 4, indicating 
        where the publications or documents are conveniently available 
        to the public; and 
           (5) copyright any compilations and or supplements in the 
        name of the state of Minnesota. 
           Sec. 2.  Minnesota Statutes 1994, section 18B.39, is 
        amended to read: 
           18B.39 [EXISTING RULES.] 
           Rules of the commissioner of agriculture in effect on July 
        1, 1987, relating to the distribution, use, storage, handling, 
        and disposal of pesticides, rinsates, and pesticide containers 
        remain in effect until they are superseded by new rules.  The 
        commissioner may adopt emergency rules to implement Laws 1987, 
        chapter 358, until December 31, 1987. 
           Sec. 3.  Minnesota Statutes 1994, section 18E.05, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [MEMBERSHIP.] (a) The agricultural chemical 
        response compensation board is created to consist of the 
        commissioner of agriculture, the commissioner of commerce, and 
        three private industry members consisting of:  one 
        representative of agricultural chemical manufacturers and 
        wholesalers; one representative of farmers; and one 
        representative of dealers who sell the agricultural chemicals at 
        retail.  The governor shall appoint the private industry members.
        Appointment, vacancies, removal, terms, and payment of 
        compensation and expenses of members, but not expiration of the 
        board itself, are governed by section 15.0575.  
           (b) The commissioner of agriculture shall provide staff to 
        support the activities of the board.  
           (c) The board shall adopt rules regarding its practices and 
        procedures, the application form and procedures for determining 
        eligibility for and the amount of reimbursement, and procedures 
        for investigation of claims.  The board may adopt emergency 
        rules under this subdivision for one year from the effective 
        date of Laws 1989, chapter 326, article 8. 
           Sec. 4.  Minnesota Statutes 1994, section 32.417, is 
        amended to read: 
           32.417 [INVESTMENT REIMBURSEMENTS TO MANUFACTURED MILK 
        PRODUCERS.] 
           An operator of a dairy farm that produces milk for sale in 
        cans may apply for a reimbursement in the amount of $100 for the 
        first $500 or fraction thereof, and ten percent of the next 
        $2,000, of the net expenditures by the operator for any capital 
        improvements or equipment installed primarily for the purpose of 
        conforming to the standards adopted in section 32.415.  No 
        reimbursement may be made to an applicant unless:  
           (a) the applicant provides receipts for the expenditures; 
           (b) a dairy inspector authorized by the commissioner 
        certifies that the applicant's dairy operation complies with the 
        standards adopted in section 32.415 as a result of the 
        installation of the improvements or equipment; and 
           (c) the expenditures for the improvements and equipment 
        were made on or after June 2, 1983, but before July 1, 1985.  
           The commissioner shall provide an application form for the 
        reimbursement program.  By January 1, 1984, the commissioner 
        shall adopt emergency rules under sections 14.29 to 14.36 which 
        provide reimbursement application and payment procedures, and 
        eligibility criteria based on an applicant's need for a 
        reimbursement.  Notwithstanding the provisions of section 14.35, 
        the rules shall be effective until July 1, 1985.  No 
        reimbursement application may be approved after June 30, 1985.  
           Sec. 5.  Minnesota Statutes 1994, section 41A.04, 
        subdivision 4, is amended to read: 
           Subd. 4.  [RULEMAKING AUTHORITY.] In order to effectuate 
        the purposes of sections 41A.01 to 41A.066, the board shall 
        adopt rules which are subject to the provisions of chapter 
        14.  The board may adopt emergency rules and permanent rules.  
           Sec. 6.  Minnesota Statutes 1995 Supplement, section 
        41A.066, subdivision 1, is amended to read: 
           Subdivision 1.  [AUTHORITY TO MAKE LOANS.] The Minnesota 
        agricultural and economic development board may make, purchase, 
        or participate in making or purchasing hazardous waste 
        processing facility loans in any amount, and may enter into 
        commitments therefor.  A private person proposing to develop and 
        operate a hazardous waste processing facility is eligible to 
        apply for a loan under this subdivision.  Applications must be 
        made to the Minnesota agricultural and economic development 
        board.  The Minnesota agricultural and economic development 
        board shall approve the application and make the loan if money 
        is available for it and if the Minnesota agricultural and 
        economic development board finds that:  
           (1) development and operation of the facility as proposed 
        by the applicant is economically feasible; 
           (2) there is a reasonable expectation that the principal 
        and interest on the loan will be fully repaid; and 
           (3) the facility is unlikely to be developed and operated 
        without a loan from the Minnesota agricultural and economic 
        development board.  
           The Minnesota agricultural and economic development board 
        and the office of waste management shall establish coordinated 
        procedures for loan application, certification, and approval.  
           The Minnesota agricultural and economic development board 
        may use the Minnesota agricultural and economic development 
        account to provide financial assistance to any person whose 
        hazardous waste processing facility loan application has been 
        certified by the office of environmental assistance and approved 
        by the Minnesota agricultural and economic development board, 
        and for this purpose may exercise the powers granted in 
        Minnesota Statutes 1986, section 116M.06, subdivision 2, with 
        respect to any loans made or bonds issued under this subdivision 
        regardless of whether the applicant is an eligible small 
        business.  
           The Minnesota agricultural and economic development board 
        may issue bonds and notes in the aggregate principal amount of 
        $10,000,000 for the purpose of making, purchasing, or 
        participating in making or purchasing hazardous waste processing 
        facility loans.  
           The Minnesota agricultural and economic development board 
        may adopt emergency rules under sections 14.29 to 14.36 to 
        implement the loan program under this subdivision.  Emergency 
        rules adopted by the Minnesota agricultural and economic 
        development board remain in effect for 360 days or until 
        permanent rules are adopted, whichever occurs first.  
           Sec. 7.  Minnesota Statutes 1994, section 62E.09, is 
        amended to read: 
           62E.09 [DUTIES OF COMMISSIONER.] 
           The commissioner may: 
           (a) Formulate general policies to advance the purposes of 
        sections 62E.01 to 62E.16; 
           (b) Supervise the creation of the Minnesota comprehensive 
        health association within the limits described in section 
        62E.10; 
           (c) Approve the selection of the writing carrier by the 
        association, approve the association's contract with the writing 
        carrier, and approve the state plan coverage; 
           (d) Appoint advisory committees; 
           (e) Conduct periodic audits to assure the general accuracy 
        of the financial data submitted by the writing carrier and the 
        association; 
           (f) Contract with the federal government or any other unit 
        of government to ensure coordination of the state plan with 
        other governmental assistance programs; 
           (g) Undertake directly or through contracts with other 
        persons studies or demonstration programs to develop awareness 
        of the benefits of sections 62E.01 to 62E.16, so that the 
        residents of this state may best avail themselves of the health 
        care benefits provided by these sections; 
           (h) Contract with insurers and others for administrative 
        services; and 
           (i) Adopt, amend, suspend and repeal rules as reasonably 
        necessary to carry out and make effective the provisions and 
        purposes of sections 62E.01 to 62E.16.  The commissioner may 
        until December 31, 1978 adopt emergency rules. 
           Sec. 8.  Minnesota Statutes 1994, section 72C.07, 
        subdivision 1, is amended to read: 
           Subdivision 1.  All insurance policies covered by section 
        72C.11 shall be printed in legible type and in a type face style 
        approved by the commissioner.  The commissioner shall by 
        emergency rule establish a list of type face styles approved as 
        acceptable not later than January 1, 1978. 
           Sec. 9.  Minnesota Statutes 1994, section 83.23, 
        subdivision 2, is amended to read: 
           Subd. 2.  [NOTIFICATION.] Unless the method of offer or 
        sale is adopted for the purpose of evasion of sections 83.20 to 
        83.42, 83.43 and 83.44, subdivided lands may be registered by 
        notification provided that all of the following requirements 
        have been met:  
           (a) the subdivision consists of not more than 100 separate 
        lots, units, parcels, or interests; 
           (b) at least 20 days prior to any offer pursuant to this 
        subdivision, the subdivider must supply the commissioner, on 
        forms which the commissioner may by rule prescribe, at least the 
        following information:  
           (1) the name and address of the subdivider and the form and 
        date of its organization if other than an individual; 
           (2) the location and legal description of the subdivision 
        and the total number of lots, parcels, units, or interests; 
           (3) either a title opinion prepared and signed by an 
        attorney licensed to practice law in the state wherein the 
        subdivided land is situated; or a certificate of title insurance 
        or its equivalent acceptable to the commissioner; 
           (4) a copy of each instrument which will be delivered to a 
        purchaser to evidence the purchaser's interest in the subdivided 
        lands and a copy of each contract or other agreement which a 
        purchaser will be required to agree to or sign, together with 
        the range of selling prices, rates, or rentals at which it is 
        proposed to offer the lots, units, parcels, or interests in the 
        subdivision, a list of fees the purchaser may be required to pay 
        for amenities or membership in groups including, but not limited 
        to, homeowners' associations, country clubs, golf courses, and 
        other community organizations; and 
           (5) a copy of a signed and approved plat map or its 
        equivalent; 
           (c) a filing fee of $150 has been paid; 
           (d) the subdivider is in compliance with the service of 
        process provisions of section 83.39.  
           The commissioner may by rule or order withdraw or further 
        condition registration by notification or increase or decrease 
        the number of lots, units, parcels, or interests in subdivided 
        lands permitted for registration by notification.  If no stop 
        order is in effect, no proceeding is pending, and no order has 
        been issued under subdivision 4, a registration statement under 
        this section automatically becomes effective at 5:00 in the 
        afternoon on the 20th full business day after the filing of the 
        registration statement or the last amendment, or at such earlier 
        time as the commissioner by order determines.  
           The rulemaking authority in this subdivision does not 
        include emergency rulemaking authority pursuant to chapter 14.  
           Sec. 10.  Minnesota Statutes 1994, section 83.23, 
        subdivision 3, is amended to read: 
           Subd. 3.  [QUALIFICATION.] Subdivided lands may be 
        registered by qualification provided all of the following 
        requirements have been met:  
           (a) an application for registration has been filed with the 
        commissioner in a format which the commissioner may by rule 
        prescribe; 
           (b) the commissioner has been furnished a proposed public 
        offering statement complying with section 83.24; 
           (c) a filing fee of $400 plus an additional registration 
        fee of $1 for each lot, unit, parcel, or interest included in 
        the offering accompanies the application.  The maximum combined 
        filing and registration fees shall in no event be more than 
        $3,500; 
           (d) the subdivider is in compliance with service of process 
        provisions of section 83.39; 
           (e) the commissioner has been furnished a financial 
        statement of the subdivider's most recent fiscal year, prepared 
        by an independent public accountant and certified by the 
        subdivider; and, if the fiscal year of the subdivider is more 
        than 180 days prior to the date of filing the application, a 
        financial statement, which may be unaudited, as of a date within 
        180 days of the date of application.  
           Subdivisions in which all the improvements are complete and 
        paid for by the developer, and for which clear title can be 
        given the purchaser at the closing, are exempt from providing 
        financial statements prepared by an independent accountant.  
           An application for registration under this section becomes 
        effective when the commissioner so orders.  
           The rulemaking authority in this subdivision does not 
        include emergency rulemaking authority pursuant to chapter 14.  
           Sec. 11.  Minnesota Statutes 1994, section 83.24, 
        subdivision 3, is amended to read: 
           Subd. 3.  [FORM.] A public offering statement shall be in a 
        format prescribed by rule and shall include the following:  
           (a) the name, principal address, and telephone number of 
        the subdivider and of its officers and agents in this state; 
           (b) a general description of the subdivided lands stating 
        the total number of lots, parcels, units, or interests to be 
        offered; 
           (c) a statement which discloses whether the subdivider owns 
        any rights or options to acquire an interest in adjacent 
        properties, and if so, a description of the options and the 
        locations and zoning status of the adjacent properties; 
           (d) a statement of the assistance, if any, that the 
        subdivider or subdivider's agent will provide to the purchaser 
        in the resale of the property and whether or not the subdivider 
        or the subdivider's agent will be in competition in the event of 
        resale; 
           (e) the material terms of any restrictions affecting the 
        subdivided lands and each unit or lot, including, but not 
        limited to, any encumbrances, easements, liens, and zoning 
        status; a statement of the subdivider's efforts to remove the 
        restrictions; and a statement of all existing taxes and existing 
        or proposed special taxes or assessments which affect the 
        subdivided lands; 
           (f) a statement of the use for which the property is to be 
        offered; 
           (g) information concerning existing or proposed 
        improvements and amenities and the completion dates thereof; and 
           (h) additional information as may be required at the 
        discretion of the commissioner to assure full and fair 
        disclosure to prospective purchasers.  
           The rulemaking authority in this subdivision does not 
        include emergency rulemaking authority pursuant to chapter 14.  
           Sec. 12.  Minnesota Statutes 1994, section 83.24, 
        subdivision 5, is amended to read: 
           Subd. 5.  [OTHER LAW.] Any public offering statement which 
        complies with the requirements of any federal law or the laws of 
        any other state requiring substantially the same disclosure of 
        information as is required by this section, may by rule or order 
        of the commissioner be deemed to be in full or partial 
        compliance with this section.  
           The rulemaking authority in this subdivision does not 
        include emergency rulemaking authority pursuant to chapter 14.  
           Sec. 13.  Minnesota Statutes 1994, section 83.26, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERALLY; LANDS.] Unless the method of 
        offer or sale is adopted for the purpose of evasion of sections 
        83.20 to 83.42, 83.43 and 83.44, the following subdivided lands 
        are exempted from sections 83.20 to 83.42:  
           (a) any lands offered or sold by the United States, any 
        state, any political subdivision of a state, or any other 
        corporate instrumentality of one of the above; 
           (b) leases of apartments, stores, offices, or similar 
        space; 
           (c) leases of rooms or space in hotels, motels, or similar 
        space for a period of less than three years, including renewal 
        options; 
           (d) cemetery lots or interests therein; 
           (e) mortgages or deeds of trust of real estate securing 
        evidences of indebtedness; 
           (f) subdivided lands which are registered as securities 
        pursuant to the provisions of chapter 80A; and 
           (g) other subdivided lands not within the intent of this 
        chapter which the commissioner may by rule or order exempt.  
           The rulemaking authority in this subdivision does not 
        include emergency rulemaking authority pursuant to chapter 14.  
           Sec. 14.  Minnesota Statutes 1995 Supplement, section 
        83.26, subdivision 2, is amended to read: 
           Subd. 2.  [GENERALLY; TRANSACTIONS.] Unless the method of 
        offer or sale is adopted for the purpose of evasion of sections 
        83.20 to 83.42, 83.43 and 83.44, the following transactions are 
        exempt from sections 83.23, 83.24, 83.25, 83.28, 83.29, and 
        83.30:  
           (a) the offer or sale of an interest in subdivided land by 
        an owner, other than the subdivider, acting as principal in a 
        single or isolated transaction; 
           (b) the offer or sale of all of the subdivided lands within 
        a subdivision in a single transaction to any person; 
           (c) the offer or sale of subdivided land pursuant to an 
        order of competent jurisdiction, other than a court of 
        bankruptcy; 
           (d) the offer or sale of subdivided land consisting of not 
        more than ten separate lots, units, parcels, or interests in the 
        aggregate; 
           (e) the offer or sale of subdivided lands which have been 
        registered under section 83.23, subdivision 2, if there are no 
        more than ten separate lots, units, parcels, or interests 
        remaining to be sold and no material change has occurred in the 
        information on file with the commissioner; 
           (f) the offer and sale of subdivided land located within 
        the corporate limits of a municipality as defined in section 
        462.352, subdivision 2, which municipality has adopted 
        subdivision regulations as defined in section 462.352, except 
        those lands described in section 83.20, subdivision 13; 
           (g) the offer and sale of apartments or condominium units 
        as defined in chapters 515 and 515A, and units in common 
        interest communities as defined in chapter 515B; 
           (h) the offer and sale of subdivided lands used primarily 
        for agricultural purposes provided each parcel is at least ten 
        acres in size; 
           (i) the offer or sale of improved lots if:  
           (1) the subdivider has filed with the commissioner, no 
        later than ten business days prior to the date of the first 
        sale, a written notice of its intention to offer or sell 
        improved lots, which notice shall be accompanied by a fee of 
        $50, together with a copy of the public offering statement 
        accepted by the situs state and the standard purchase agreement 
        which documents are required to be supplied by the subdivider to 
        the purchaser; and 
           (2) the subdivider deposits all downpayments in an escrow 
        account until all obligations of the subdivider to the 
        purchaser, which are pursuant to the terms of the purchase 
        agreement to be performed prior to the closing, have been 
        performed.  The subdivider shall provide the purchaser with a 
        purchase receipt for the downpayment paid, a copy of the escrow 
        agreement and the name, address, and telephone number of the 
        escrow agent.  The escrow agent shall be a bank located in 
        Minnesota.  All downpayments shall be deposited in the escrow 
        account within two business days after receipt; and 
           (j) the offer of sale of subdivided lands by a subdivider 
        that has been granted an exemption from registration by the 
        federal Department of Housing and Urban Development under the 
        multiple site subdivision exemption, if the subdivider provides 
        a written notice of the offer of sale to the commissioner before 
        any offers or sale commence. 
           The written notice must include the name of the 
        subdivision, the county and state in which the subdivision is 
        located, and the number of lots in the subdivision, and a 
        notarized affidavit that all proposed improvements have been 
        completed and the costs of all the improvements have been fully 
        paid, or that the cost of any uncompleted road construction or 
        survey expenses are covered by a bond or escrow account payable 
        to the entities responsible for providing or completing the 
        roads or surveys.  The escrow account must be with an 
        independent escrow agent. 
           The subdivider must also provide to the commissioner a copy 
        of the federal Housing and Urban Development exemption order and 
        the most recent annual confirmation letter which indicates that 
        the order is still in effect. 
           If the closing services are provided by the subdivider or 
        an affiliate of the subdivider, purchasers must manually initial 
        in the Housing and Urban Development Lot Information Statement 
        both the disclosure on all the liens, reservations, taxes, 
        assessments, easements, and restrictions applicable to the lot 
        purchased and the disclosure on the risks of not obtaining clear 
        title. 
           The commissioner may, by rule or order, suspend, revoke, or 
        further condition the exemptions contained in clauses (f), (g), 
        (h), (i), and (j), or may require such further information as 
        may be necessary for the protection of purchasers. 
           The commissioner may by rule or order suspend, revoke, or 
        further condition the exemptions contained in clauses (f), (g), 
        (h), and (i) or may require such further information as may be 
        necessary for the protection of purchasers.  
           The rulemaking authority in this subdivision does not 
        include emergency rulemaking authority pursuant to chapter 14. 
           Sec. 15.  Minnesota Statutes 1994, section 83.28, 
        subdivision 2, is amended to read: 
           Subd. 2.  [VOIDABLE.] Any contract or agreement for the 
        sale of a lot, parcel, unit, or interest in a subdivision not 
        exempt under section 83.26, is voidable at the discretion of the 
        purchaser, for a period of three years from the date of the 
        contract or agreement, notwithstanding the delivery of a deed to 
        the purchaser, if the subdivision was not registered under 
        sections 83.20 to 83.42, 83.43 and 83.44 at the time of the 
        sale, or if a current public offering statement was not given to 
        the purchaser in accordance with section 83.24, unless 
        subsequently thereto the subdivision is registered under this 
        chapter and in connection therewith, the purchaser has received 
        a written offer to repurchase the lot, parcel, unit, or interest 
        for cash payable on closing of the repurchase, together with 
        interest thereon from the date of purchase at the legal rate or 
        at the rate charged on any lien paid by the purchaser, whichever 
        is higher, less the amount of any income received from the lot, 
        parcel, unit, or interest, and the purchaser has failed to 
        accept the offer in writing within 30 days of its receipt.  No 
        offer of repurchase shall be effective unless a duplicate copy 
        thereof has been filed with the commissioner at least 20 days 
        prior to its delivery to the offeree and the commissioner has 
        not objected to the offer within that time.  The offer of 
        repurchase shall be in the form and contain the information the 
        commissioner by rule or order prescribes.  If the purchaser no 
        longer owns the lot, parcel, unit, or interest, the purchaser 
        shall be entitled to maintain an action at law, and the damages 
        shall be the consideration paid for the lot, parcel, unit, or 
        interest together with interest thereon as specified above from 
        the date of acquisition to the date of disposition, plus costs 
        and reasonable attorney's fees, less the value received for the 
        lot, parcel, unit, or interest at the date of disposition.  
           The rulemaking authority in this subdivision does not 
        include emergency rulemaking authority pursuant to chapter 14. 
           Sec. 16.  Minnesota Statutes 1994, section 83.30, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [FORM; DUE DATE.] During the period a 
        registration is effective, the subdivider shall file an annual 
        report in a format the commissioner may by rule prescribe.  The 
        report must include a financial statement of the subdivider's 
        most recent fiscal year, prepared by an accountant and certified 
        by the subdivider.  An audited financial statement shall not be 
        required.  Every annual report shall be due by the 120th day 
        following the end of the subdivider's fiscal year, unless 
        extended in writing by the commissioner for good cause.  
           The rulemaking authority in this subdivision does not 
        include emergency rulemaking authority pursuant to chapter 14.  
           Sec. 17.  Minnesota Statutes 1994, section 83.31, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REPORT OF SALES.] The commissioner may by 
        rule or order require the subdivider or subdivider's agent to 
        submit reports of sales.  
           The rulemaking authority in this subdivision does not 
        include emergency rulemaking authority pursuant to chapter 14.  
           Sec. 18.  Minnesota Statutes 1994, section 83.31, 
        subdivision 3, is amended to read: 
           Subd. 3.  [RULES; FORM OF AMENDMENT.] The commissioner may 
        by rule define what shall be considered a material change and 
        prescribe the format for an application to amend.  The amendment 
        shall become effective when ordered by the commissioner.  
           The rulemaking authority in this subdivision does not 
        include emergency rulemaking authority pursuant to chapter 14.  
           Sec. 19.  Minnesota Statutes 1994, section 83.39, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PROCEDURE.] Every applicant for 
        registration under sections 83.20 to 83.42, 83.43 and 83.44 
        shall file with the commissioner, in a format as by rule may be 
        prescribed, an irrevocable consent appointing the commissioner 
        or commissioner's successor to be the applicant's attorney to 
        receive service of any lawful process in any noncriminal suit, 
        action, or proceeding against the applicant or a successor, 
        executor, or administrator which arises under sections 83.20 to 
        83.42, 83.43 and 83.44 or any rule or order thereunder after the 
        consent has been filed, with the same force and validity as if 
        served personally on the person filing the consent.  Service 
        under this section shall be made in compliance with section 
        45.028, subdivision 2.  
           The rulemaking authority in this subdivision does not 
        include emergency rulemaking authority pursuant to chapter 14.  
           Sec. 20.  Minnesota Statutes 1995 Supplement, section 
        84.9691, is amended to read: 
           84.9691 [RULEMAKING AND PERMITS.] 
           Subdivision 1.  [RULES.] (a) The commissioner of natural 
        resources may adopt emergency and permanent rules restricting 
        the introduction, propagation, use, possession, and spread of 
        ecologically harmful exotic species in the state, as outlined in 
        section 84.967.  
           (b) The commissioner shall adopt rules to identify bodies 
        of water with limited infestation of Eurasian water milfoil.  
        The areas that are infested, and where control is planned, shall 
        be marked and prohibited for use. 
           (c) A violation of a rule adopted under this section is a 
        misdemeanor. 
           Subd. 2.  [PERMITS.] The commissioner may issue permits 
        regulating the propagation, possession, taking, or 
        transportation of undesirable exotic species for disposal, 
        research, education, or control purposes.  The commissioner may 
        place conditions on the permit and may deny, modify, suspend, or 
        revoke a permit. 
           Sec. 21.  Minnesota Statutes 1994, section 103I.101, 
        subdivision 5, is amended to read: 
           Subd. 5.  [COMMISSIONER TO ADOPT RULES.] The commissioner 
        shall adopt rules including:  
           (1) issuance of licenses for:  
           (i) qualified well contractors, persons modifying or 
        repairing well casings, well screens, or well diameters; 
           (ii) persons constructing, repairing, and sealing 
        unconventional wells such as drive points or dug wells; 
           (iii) persons constructing, repairing, and sealing 
        dewatering wells; 
           (iv) persons sealing wells; and 
           (v) persons installing well pumps or pumping equipment and 
        excavating holes for installing elevator shafts or hydraulic 
        cylinders; 
           (2) issuance of registration for monitoring well 
        contractors; 
           (3) establishment of conditions for examination and review 
        of applications for license and registration; 
           (4) establishment of conditions for revocation and 
        suspension of license and registration; 
           (5) establishment of minimum standards for design, 
        location, construction, repair, and sealing of wells to 
        implement the purpose and intent of this chapter; 
           (6) establishment of a system for reporting on wells and 
        borings drilled and sealed; 
           (7) establishment of standards for the construction, 
        maintenance, sealing, and water quality monitoring of wells in 
        areas of known or suspected contamination, for which the 
        commissioner may adopt emergency rules; 
           (8) establishment of wellhead protection measures for wells 
        serving public water supplies; 
           (9) establishment of procedures to coordinate collection of 
        well data with other state and local governmental agencies; 
           (10) establishment of criteria and procedures for 
        submission of well logs, formation samples or well cuttings, 
        water samples, or other special information required for and 
        water resource mapping; and 
           (11) establishment of minimum standards for design, 
        location, construction, maintenance, repair, sealing, safety, 
        and resource conservation related to borings, including 
        exploratory borings as defined in section 103I.005, subdivision 
        9. 
           Until the commissioner adopts rules under this chapter to 
        replace rules relating to wells and borings that were adopted 
        under chapter 156A, the rules adopted under chapter 156A shall 
        remain in effect. 
           Sec. 22.  Minnesota Statutes 1994, section 115A.156, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PROCEDURE FOR AWARDING GRANTS.] (a) The director 
        may establish procedures for awarding grants under this 
        section.  The procedures for awarding grants shall include 
        consideration of the following factors:  
           (1) the need to provide collection, processing, or 
        containment for a variety of types of hazardous wastes; 
           (2) the extent to which the facility or service would 
        provide a significant amount of processing, collection, or 
        containment capacity for waste generated in the state, measured 
        by the volume of waste to be managed, the number and geographic 
        distribution of generators to be served, or the reduction of 
        risk to public health and safety and the environment achieved by 
        the operation of the facility or service; 
           (3) the availability of the facility or service to all 
        generators needing the service in the area to be served; 
           (4) the contribution of the facility or service to 
        achieving the policies and objectives of the hazardous waste 
        management plan; 
           (5) participation by persons with demonstrated experience 
        in developing, designing, or operating hazardous waste 
        collection, processing, or containment facilities or services; 
           (6) the need for assistance from the director to accomplish 
        the work; 
           (7) the extent to which a proposal would produce and 
        analyze new information; and 
           (8) other factors established by the director consistent 
        with the purposes of this section.  
           (b) The director may adopt emergency rules under sections 
        14.29 to 14.36 to implement the grant program.  Emergency rules 
        adopted by the director remain in effect for 360 days or until 
        permanent rules are adopted, whichever occurs first.  
           Sec. 23.  Minnesota Statutes 1994, section 115B.223, 
        subdivision 2, is amended to read: 
           Subd. 2.  [RULES.] (a) The commissioner of the pollution 
        control agency may adopt rules regarding practices and 
        procedures including, but not limited to: 
           (1) form and procedure for loan application; 
           (2) terms for loans and loan repayment; and 
           (3) criteria for eligibility. 
           (b) The commissioner of the pollution control agency may 
        adopt emergency rules under this subdivision for one year 
        following July 1, 1993. 
           Sec. 24.  Minnesota Statutes 1994, section 115C.07, 
        subdivision 3, is amended to read: 
           Subd. 3.  [RULES.] (a) The board shall adopt rules 
        regarding its practices and procedures, the form and procedure 
        for applications for compensation from the fund, procedures for 
        investigation of claims and specifying the costs that are 
        eligible for reimbursement from the fund.  
           (b) The board may adopt emergency rules under this 
        subdivision for one year after June 1, 1993.  
           (c) The board shall adopt emergency rules on competitive 
        bidding that specify a bid format and an invoice format that are 
        consistent with each other and with an application for 
        reimbursement. 
           (d) The board shall adopt emergency rules under sections 
        14.29 and 14.385 to establish costs that are not eligible for 
        reimbursement. 
           (e) By January 1, 1994, the board shall publish proposed 
        rules establishing a fee schedule of costs or criteria for 
        evaluating the reasonableness of costs submitted for 
        reimbursement.  The board shall adopt the rules by June 1, 1994. 
           (f) (c) The board may adopt rules requiring certification 
        of environmental consultants. 
           (g) (d) The board may adopt other rules necessary to 
        implement this chapter. 
           Sec. 25.  Minnesota Statutes 1995 Supplement, section 
        116.07, subdivision 4, is amended to read: 
           Subd. 4.  [RULES AND STANDARDS.] Pursuant and subject to 
        the provisions of chapter 14, and the provisions hereof, the 
        pollution control agency may adopt, amend and rescind rules and 
        standards having the force of law relating to any purpose within 
        the provisions of Laws 1967, chapter 882, for the prevention, 
        abatement, or control of air pollution.  Any such rule or 
        standard may be of general application throughout the state, or 
        may be limited as to times, places, circumstances, or conditions 
        in order to make due allowance for variations therein.  Without 
        limitation, rules or standards may relate to sources or 
        emissions of air contamination or air pollution, to the quality 
        or composition of such emissions, or to the quality of or 
        composition of the ambient air or outdoor atmosphere or to any 
        other matter relevant to the prevention, abatement, or control 
        of air pollution.  
           Pursuant and subject to the provisions of chapter 14, and 
        the provisions hereof, the pollution control agency may adopt, 
        amend, and rescind rules and standards having the force of law 
        relating to any purpose within the provisions of Laws 1969, 
        chapter 1046, for the collection, transportation, storage, 
        processing, and disposal of solid waste and the prevention, 
        abatement, or control of water, air, and land pollution which 
        may be related thereto, and the deposit in or on land of any 
        other material that may tend to cause pollution.  The agency 
        shall adopt such rules and standards for sewage sludge, 
        addressing the intrinsic suitability of land, the volume and 
        rate of application of sewage sludge of various degrees of 
        intrinsic hazard, design of facilities, and operation of 
        facilities and sites.  The agency shall promulgate emergency 
        rules for sewage sludge pursuant to sections 14.29 to 14.36.  
        Notwithstanding the provisions of sections 14.29 to 14.36, the 
        emergency rules shall be effective until permanent rules are 
        promulgated or March 1, 1982, whichever is earlier.  Any such 
        rule or standard may be of general application throughout the 
        state or may be limited as to times, places, circumstances, or 
        conditions in order to make due allowance for variations 
        therein.  Without limitation, rules or standards may relate to 
        collection, transportation, processing, disposal, equipment, 
        location, procedures, methods, systems or techniques or to any 
        other matter relevant to the prevention, abatement or control of 
        water, air, and land pollution which may be advised through the 
        control of collection, transportation, processing, and disposal 
        of solid waste and sewage sludge, and the deposit in or on land 
        of any other material that may tend to cause pollution.  By 
        January 1, 1983, the rules for the management of sewage sludge 
        shall include an analysis of the sewage sludge determined by the 
        commissioner of agriculture to be necessary to meet the soil 
        amendment labeling requirements of section 18C.215.  
           Pursuant and subject to the provisions of chapter 14, and 
        the provisions hereof, the pollution control agency may adopt, 
        amend and rescind rules and standards having the force of law 
        relating to any purpose within the provisions of Laws 1971, 
        chapter 727, for the prevention, abatement, or control of noise 
        pollution.  Any such rule or standard may be of general 
        application throughout the state, or may be limited as to times, 
        places, circumstances or conditions in order to make due 
        allowances for variations therein.  Without limitation, rules or 
        standards may relate to sources or emissions of noise or noise 
        pollution, to the quality or composition of noises in the 
        natural environment, or to any other matter relevant to the 
        prevention, abatement, or control of noise pollution. 
           As to any matters subject to this chapter, local units of 
        government may set emission regulations with respect to 
        stationary sources which are more stringent than those set by 
        the pollution control agency. 
           Pursuant to chapter 14, the pollution control agency may 
        adopt, amend, and rescind rules and standards having the force 
        of law relating to any purpose within the provisions of this 
        chapter for generators of hazardous waste, the management, 
        identification, labeling, classification, storage, collection, 
        treatment, transportation, processing, and disposal of hazardous 
        waste and the location of hazardous waste facilities.  A rule or 
        standard may be of general application throughout the state or 
        may be limited as to time, places, circumstances, or conditions. 
        In implementing its hazardous waste rules, the pollution control 
        agency shall give high priority to providing planning and 
        technical assistance to hazardous waste generators.  The agency 
        shall assist generators in investigating the availability and 
        feasibility of both interim and long-term hazardous waste 
        management methods.  The methods shall include waste reduction, 
        waste separation, waste processing, resource recovery, and 
        temporary storage. 
           The pollution control agency shall give highest priority in 
        the consideration of permits to authorize disposal of diseased 
        shade trees by open burning at designated sites to evidence 
        concerning economic costs of transportation and disposal of 
        diseased shade trees by alternative methods. 
           Sec. 26.  Minnesota Statutes 1994, section 116J.403, is 
        amended to read: 
           116J.403 [RULES.] 
           No money made available to the commissioner for the small 
        cities community development block grant program shall be spent 
        for community development and related planning programs until 
        the commissioner adopts rules prescribing standards and 
        procedures to govern the expenditure.  The rules must be adopted 
        under the administrative procedure act in chapter 14 and must 
        conform with all terms and conditions imposed on the 
        commissioner when the money is made available.  The commissioner 
        may adopt emergency rules under sections 14.29 to 14.36 so that 
        the commissioner can carry out promptly the responsibilities for 
        administering federally funded community development grant 
        programs.  
           Sec. 27.  Minnesota Statutes 1994, section 129D.14, 
        subdivision 5, is amended to read: 
           Subd. 5.  [STATE COMMUNITY SERVICE BLOCK GRANTS.] (a) The 
        commissioner shall determine eligibility for block grants and 
        the allocation of block grant money on the basis of audited 
        financial records of the station to receive the block grant 
        funds for the station's fiscal year preceding the year in which 
        the grant is made, as well as on the basis of the other 
        requirements set forth in this section.  The commissioner shall 
        annually distribute block grants equally to all stations that 
        comply with the eligibility requirements and for which a 
        licensee applies for a block grant.  The commissioner may 
        promulgate rules to implement this section.  For this purpose 
        the commissioner may promulgate emergency rules pursuant to 
        sections 14.29 to 14.36.  
           (b) A station may use grant money under this section for 
        any radio station expenses. 
           Sec. 28.  Minnesota Statutes 1995 Supplement, section 
        144A.071, subdivision 2, is amended to read: 
           Subd. 2.  [MORATORIUM.] The commissioner of health, in 
        coordination with the commissioner of human services, shall deny 
        each request for new licensed or certified nursing home or 
        certified boarding care beds except as provided in subdivision 3 
        or 4a, or section 144A.073.  "Certified bed" means a nursing 
        home bed or a boarding care bed certified by the commissioner of 
        health for the purposes of the medical assistance program, under 
        United States Code, title 42, sections 1396 et seq.  
           The commissioner of human services, in coordination with 
        the commissioner of health, shall deny any request to issue a 
        license under section 252.28 and chapter 245A to a nursing home 
        or boarding care home, if that license would result in an 
        increase in the medical assistance reimbursement amount.  
           In addition, the commissioner of health must not approve 
        any construction project whose cost exceeds $500,000, or 25 
        percent of the facility's appraised value, whichever is less, 
        unless: 
           (a) any construction costs exceeding the lesser of $500,000 
        or 25 percent of the facility's appraised value are not added to 
        the facility's appraised value and are not included in the 
        facility's payment rate for reimbursement under the medical 
        assistance program; or 
           (b) the project: 
           (1) has been approved through the process described in 
        section 144A.073; 
           (2) meets an exception in subdivision 3 or 4a; 
           (3) is necessary to correct violations of state or federal 
        law issued by the commissioner of health; 
           (4) is necessary to repair or replace a portion of the 
        facility that was damaged by fire, lightning, groundshifts, or 
        other such hazards, including environmental hazards, provided 
        that the provisions of subdivision 4a, clause (a), are met; 
           (5) as of May 1, 1992, the facility has submitted to the 
        commissioner of health written documentation evidencing that the 
        facility meets the "commenced construction" definition as 
        specified in subdivision 1a, clause (d), or that substantial 
        steps have been taken prior to April 1, 1992, relating to the 
        construction project.  "Substantial steps" require that the 
        facility has made arrangements with outside parties relating to 
        the construction project and include the hiring of an architect 
        or construction firm, submission of preliminary plans to the 
        department of health or documentation from a financial 
        institution that financing arrangements for the construction 
        project have been made; or 
           (6) is being proposed by a licensed nursing facility that 
        is not certified to participate in the medical assistance 
        program and will not result in new licensed or certified beds. 
           Prior to the final plan approval of any construction 
        project, the commissioner of health shall be provided with an 
        itemized cost estimate for the project construction costs.  If a 
        construction project is anticipated to be completed in phases, 
        the total estimated cost of all phases of the project shall be 
        submitted to the commissioner and shall be considered as one 
        construction project.  Once the construction project is 
        completed and prior to the final clearance by the commissioner, 
        the total project construction costs for the construction 
        project shall be submitted to the commissioner.  If the final 
        project construction cost exceeds the dollar threshold in this 
        subdivision, the commissioner of human services shall not 
        recognize any of the project construction costs or the related 
        financing costs in excess of this threshold in establishing the 
        facility's property-related payment rate. 
           The dollar thresholds for construction projects are as 
        follows:  for construction projects other than those authorized 
        in clauses (1) to (6), the dollar threshold is $500,000 or 25 
        percent of appraised value, whichever is less.  For projects 
        authorized after July 1, 1993, under clause (1), the dollar 
        threshold is the cost estimate submitted with a proposal for an 
        exception under section 144A.073, plus inflation as calculated 
        according to section 256B.431, subdivision 3f, paragraph (a).  
        For projects authorized under clauses (2) to (4), the dollar 
        threshold is the itemized estimate project construction costs 
        submitted to the commissioner of health at the time of final 
        plan approval, plus inflation as calculated according to section 
        256B.431, subdivision 3f, paragraph (a). 
           The commissioner of health shall adopt emergency or 
        permanent rules to implement this section or to amend the 
        emergency rules for granting exceptions to the moratorium on 
        nursing homes under section 144A.073.  The authority to adopt 
        emergency rules continues to December 30, 1992. 
           Sec. 29.  Minnesota Statutes 1995 Supplement, section 
        144A.073, subdivision 8, is amended to read: 
           Subd. 8.  [RULEMAKING.] The commissioner of health shall 
        adopt permanent rules to implement this section.  The permanent 
        rules must be in accordance with and implement only the criteria 
        listed in this section.  The authority to adopt permanent rules 
        continues until July 1, 1996.  
           Sec. 30.  Minnesota Statutes 1994, section 145.889, is 
        amended to read: 
           145.889 [RULES.] 
           The commissioner may adopt emergency and permanent rules 
        for the efficient administration of sections 145.881 to 145.886 
        and 145.888.  The emergency rules need not be adopted in 
        compliance with chapter 14 and shall be effective for 360 days 
        or until the permanent rules are adopted, whichever occurs 
        first.  The emergency rules shall be effective upon adoption by 
        the commissioner and shall be published in the State Register as 
        soon thereafter as possible.  
           Sec. 31.  Minnesota Statutes 1994, section 145.97, is 
        amended to read: 
           145.97 [HILL-BURTON PROGRAM; RULES.] 
           The commissioner of health may promulgate emergency rules 
        under sections 14.29 to 14.36 to implement and enforce the 
        provisions of United States Code, title 42, section 291c(e), 
        291e(b)(3), 300s(3), 300s-1(b)(1)(K), or 300s-6, and the 
        provisions of regulations promulgated by the United States 
        Secretary of Health and Human Services pursuant to United States 
        Code, title 42, section 291c(e) or 300s(3), known as the 
        Hill-Burton program.  The commissioner shall maintain records on 
        the number and nature of complaints received and any actions 
        taken to implement or enforce the Hill-Burton laws and rules.  
           Sec. 32.  Minnesota Statutes 1994, section 148B.61, 
        subdivision 2, is amended to read: 
           Subd. 2.  [RULEMAKING.] The commissioner of health shall 
        adopt rules necessary to implement, administer, or enforce 
        provisions of sections 148B.60 to 148B.71 pursuant to chapter 
        14.  The commissioner may not adopt rules that restrict or 
        prohibit persons from providing mental health services on the 
        basis of education, training, experience, or supervision.  The 
        commissioner may consult with the mental health practitioner 
        advisory council, established in section 148B.62, during the 
        rulemaking process.  Rules adopted pursuant to this authority 
        are exempt from section 14.115. 
           Sec. 33.  Minnesota Statutes 1994, section 160.265, 
        subdivision 2, is amended to read: 
           Subd. 2.  [LOCAL BIKEWAY GRANTS.] The commissioner shall 
        provide technical assistance to local units of government in 
        planning and developing bikeways.  The commissioner shall make 
        grants to units of government as defined in section 85.019, 
        subdivision 1, for the betterment of public land and 
        improvements needed for local bikeways.  In making grants the 
        commissioner shall consider, among other factors, the number of 
        bicycles in the localities.  A grant shall not exceed 75 percent 
        of the costs of the betterment of the bikeway.  To be eligible 
        for a grant, a unit of government must provide at least 25 
        percent of the costs of the betterment of the bikeway.  The 
        commissioner may adopt emergency rules pursuant to sections 
        14.05 to 14.36 to commence the grant program immediately. 
           Sec. 34.  Minnesota Statutes 1994, section 169.128, is 
        amended to read: 
           169.128 [RULES OF COMMISSIONER OF PUBLIC SAFETY.] 
           The commissioner of public safety may promulgate permanent 
        rules to carry out the provisions of sections 169.121 and 
        169.123 and until December 31, 1985, emergency rules to 
        implement any statutory changes enacted by the 1985 legislature 
        pertaining to issues of implied consent and driving while under 
        the influence.  The rules may include forms for notice of 
        intention to revoke, which shall describe clearly the right to a 
        hearing, the procedure for requesting a hearing, and the 
        consequences of failure to request a hearing; forms for 
        revocation and notice of reinstatement of driving privileges as 
        provided in section 169.1261; and forms for temporary licenses. 
           Rules promulgated pursuant to this section are subject to 
        sections 14.01 to 14.20 and 14.29 14.365 to 14.69. 
           Sec. 35.  Minnesota Statutes 1994, section 182.675, is 
        amended to read: 
           182.675 [RELATIONSHIP TO COLLECTIVE BARGAINING.] 
           Although not required, an employee or employer may seek to 
        resolve any dispute arising under this chapter through 
        resolution procedures provided by any applicable labor agreement 
        or, if there is no applicable provision of a labor agreement, 
        through a dispute resolution procedure to be developed by the 
        commissioner.  The employee is not deemed to have waived or lost 
        any substantive or procedural rights under this chapter due to 
        resort to the resolution methods and may pursue all legal 
        remedies under this chapter without any prejudice due to the 
        results of these resolution methods.  The commissioner may adopt 
        emergency rules to develop a dispute resolution procedure. 
        Nothing in this chapter is deemed to prevent the creation of 
        additional rights or remedies for employees pursuant to a labor 
        agreement or personnel rule.  
           Sec. 36.  Minnesota Statutes 1994, section 198.003, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [POLICY; RULES; REPORT.] It is the duty of 
        the board and the board has the power to: 
           (1) determine policy and, subject to chapter 14, adopt, 
        amend, and repeal rules for the governance of the homes, and to 
        adopt emergency rules necessary to implement this chapter.  With 
        respect to residents' administrative appeal time periods that 
        are not established by statute, the board may create by rule 
        reasonable time periods within which a resident must appeal an 
        administrative determination to the next administrative level.  
        If the determination is not appealed within the time set by 
        rule, the determination becomes final; 
           (2) report quarterly to the governor on the management, 
        operations, and quality of care provided at the homes; and 
           (3) take other action as provided by law.  
        Emergency rules adopted under this section are not effective 
        after December 31, 1989. 
           Sec. 37.  Minnesota Statutes 1994, section 216A.037, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CODE OF CONDUCT.] Except as limited by 
        subdivision 1, the commission shall adopt rules prescribing a 
        code of conduct for commissioners and employees of the 
        commission.  The code of conduct must include standards to 
        preserve the quasi-judicial function of the commission. 
           The commission shall adopt emergency rules to implement 
        this subdivision. 
           Sec. 38.  Minnesota Statutes 1994, section 216B.164, 
        subdivision 6, is amended to read: 
           Subd. 6.  [RULES AND UNIFORM CONTRACT.] (a) The commission 
        shall promulgate rules to implement the provisions of this 
        section.  The commission shall also establish a uniform 
        statewide form of contract for use between utilities and a 
        qualifying facility having less than 40 kilowatt capacity.  
           (b) The commission shall require the qualifying facility to 
        provide the utility with reasonable access to the premises and 
        equipment of the qualifying facility if the particular 
        configuration of the qualifying facility precludes disconnection 
        or testing of the qualifying facility from the utility side of 
        the interconnection with the utility remaining responsible for 
        its personnel.  
           (c) The uniform statewide form of contract shall be applied 
        to all new and existing interconnections established between a 
        utility and a qualifying facility having less than 40 kilowatt 
        capacity, except that existing contracts may remain in force 
        until written notice of election that the uniform statewide 
        contract form applies is given by either party to the other, 
        with the notice being of the shortest time period permitted 
        under the existing contract for termination of the existing 
        contract by either party, but not less than ten nor longer than 
        30 days.  
           (d) The commission may promulgate emergency rules for the 
        purpose of implementing this section.  The emergency rules are 
        subject to sections 14.29 to 14.36.  
           Sec. 39.  Minnesota Statutes 1994, section 216C.10, is 
        amended to read: 
           216C.10 [POWERS.] 
           The commissioner may: 
           (1) adopt rules under chapter 14 as necessary to carry out 
        the purposes of sections 216C.05 to 216C.30 and, when necessary 
        for the purposes of section 216C.15, adopt emergency rules under 
        sections 14.29 to 14.36; 
           (2) make all contracts under sections 216C.05 to 216C.30 
        and do all things necessary to cooperate with the United States 
        government, and to qualify for, accept, and disburse any grant 
        intended for the administration of sections 216C.05 to 216C.30; 
           (3) provide on-site technical assistance to units of local 
        government in order to enhance local capabilities for dealing 
        with energy problems; 
           (4) administer for the state, energy programs under federal 
        law, regulations, or guidelines, except for the low-income home 
        energy assistance program and low-income weatherization programs 
        administered by the department of economic security, and 
        coordinate the programs and activities with other state 
        agencies, units of local government, and educational 
        institutions; 
           (5) develop a state energy investment plan with yearly 
        energy conservation and alternative energy development goals, 
        investment targets, and marketing strategies; 
           (6) perform market analysis studies relating to 
        conservation, alternative and renewable energy resources, and 
        energy recovery; 
           (7) assist with the preparation of proposals for innovative 
        conservation, renewable, alternative, or energy recovery 
        projects; 
           (8) manage and disburse funds made available for the 
        purpose of research studies or demonstration projects related to 
        energy conservation or other activities deemed appropriate by 
        the commissioner; 
           (9) intervene in certificate of need proceedings before the 
        public utilities commission; 
           (10) collect fees from recipients of loans, grants, or 
        other financial aid from money received from litigation or 
        settlement of alleged violations of federal petroleum pricing 
        regulations, which fees must be used to pay the department's 
        costs in administering those financial aids; and 
           (11) collect fees from proposers and operators of 
        conservation and other energy-related programs that are 
        reviewed, evaluated, or approved by the department, other than 
        proposers that are political subdivisions or community or 
        nonprofit organizations, to cover the department's cost in 
        making the reviewal, evaluation, or approval and in developing 
        additional programs for others to operate. 
           Notwithstanding any other law, the commissioner is 
        designated the state agent to apply for, receive, and accept 
        federal or other funds made available to the state for the 
        purposes of sections 216C.05 to 216C.30. 
           Sec. 40.  Minnesota Statutes 1994, section 216C.14, 
        subdivision 3, is amended to read: 
           Subd. 3.  [ADMINISTRATION; RULES.] The commissioner shall 
        determine priorities pursuant to subdivisions 1 and 2, and shall 
        promulgate rules for the submission and review of applications 
        in accordance with the provisions of chapter 14.  For this 
        purpose the commissioner may adopt emergency rules pursuant to 
        the provisions of sections 14.29 to 14.36. 
           Sec. 41.  Minnesota Statutes 1994, section 216C.15, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PERIODIC REVISION.] At least once every five 
        years and whenever construction of a new large energy facility 
        is completed which affects the supply of energy in Minnesota, 
        the commissioner shall review and if necessary revise the 
        emergency conservation and allocation plan.  Revisions of the 
        emergency conservation and allocation plan shall be adopted 
        pursuant to the rulemaking procedures in chapter 14 and reviewed 
        by the appropriate standing committees of the legislature.  The 
        commissioner may also make revisions to the plan pursuant to 
        sections 14.29 to 14.36, and the emergency rules powers of 
        section 216C.10, clause (a), when a declared or impending energy 
        supply emergency requires. 
           Sec. 42.  Minnesota Statutes 1994, section 216C.37, 
        subdivision 7, is amended to read: 
           Subd. 7.  [RULES.] The commissioner shall adopt rules 
        necessary to implement this section.  The commissioner shall 
        adopt emergency rules pursuant to sections 14.29 to 14.36, 
        meeting the requirements of this section.  The rules shall 
        contain as a minimum:  
           (a) procedures for application by municipalities; 
           (b) criteria for reviewing loan applications; and 
           (c) procedures and guidelines for program monitoring, 
        closeout, and evaluation.  
           Sec. 43.  Minnesota Statutes 1994, section 240.24, 
        subdivision 2, is amended to read: 
           Subd. 2.  [EXCEPTION.] Notwithstanding subdivision 1, the 
        commission by rule shall allow the use of:  (1) topical external 
        applications that do not contain anesthetics or steroids; (2) 
        food additives; (3) Furosemide or other pulmonary hemostatic 
        agents if the agents are administered under the visual 
        supervision of the veterinarian or a designee of the 
        veterinarian employed by the commission; and (4) nonsteroidal 
        anti-inflammatory drugs, provided that the test sample does not 
        contain more than three micrograms of the substance or 
        metabolites thereof per milliliter of blood plasma.  For 
        purposes of this clause, "test sample" means any bodily 
        substance including blood, urine, saliva, or other substance as 
        directed by the commission, taken from a horse under the 
        supervision of the commission veterinarian and in such manner as 
        prescribed by the commission for the purpose of analysis. 
           The commission shall adopt emergency rules to implement the 
        provisions of this subdivision. 
           Sec. 44.  Minnesota Statutes 1994, section 254B.041, 
        subdivision 2, is amended to read: 
           Subd. 2.  [VENDOR COLLECTIONS; RULE AMENDMENT.] The 
        commissioner may amend Minnesota Rules, parts 9530.7000 to 
        9530.7025, to require a vendor of chemical dependency 
        transitional and extended care rehabilitation services to 
        collect the cost of care received under a program from an 
        eligible person who has been determined to be partially 
        responsible for treatment costs, and to remit the collections to 
        the commissioner.  The commissioner shall pay to a vendor, for 
        the collections, an amount equal to five percent of the 
        collections remitted to the commissioner by the vendor.  The 
        amendment may be adopted under the emergency rulemaking 
        provisions of sections 14.29 to 14.36. 
           Sec. 45.  Minnesota Statutes 1995 Supplement, section 
        256.737, subdivision 1a, is amended to read: 
           Subd. 1a.  [COMMISSIONER'S DUTIES.] The commissioner shall: 
           (a) assist counties in the design and implementation of 
        these programs; 
           (b) promulgate, in accordance with chapter 14, emergency 
        rules necessary for the implementation of this section, except 
        that the time restrictions of section 14.35 shall not apply and 
        the rules may be in effect until June 30, 1993, unless 
        superseded by permanent rules; 
           (c) seek any federal waivers necessary for proper 
        implementation of this section in accordance with federal law; 
           (d) (c) ensure that participants at CWEP worksites are 
        assigned to work, and require revision of the CWEP work plan in 
        cases where work is not available at the site; 
           (e) (d) shall design and implement an intensive, functional 
        work literacy program that addresses the barriers to employment 
        for nonexempt caretakers in AFDC-UP households who lack 
        proficiency in English.  The commissioner is encouraged to work 
        with adult basic education providers to provide functional work 
        literacy services, where available.  The intensive, functional 
        work literacy program must be designed to assist nonexempt 
        caretakers in AFDC-UP households achieve self-sufficiency by 
        enhancing their employability through concurrent participation 
        in meaningful work experience, job search skills, and functional 
        work literacy; and 
           (f) (e) prohibit the use of participants in the programs to 
        do work that was part or all of the duties or responsibilities 
        of an authorized public employee bargaining unit position 
        established as of January 1, 1993. 
        The exclusive bargaining representative shall be notified no 
        less than 14 days in advance of any placement by the community 
        work experience program.  Written or oral concurrence with 
        respect to job duties of persons placed under the community work 
        experience program shall be obtained from the appropriate 
        exclusive bargaining representative within seven days.  The 
        appropriate oversight committee shall be given monthly lists of 
        all job placements under a community work experience program. 
           Sec. 46.  Minnesota Statutes 1994, section 256.871, 
        subdivision 7, is amended to read: 
           Subd. 7.  [AUTHORITY OF THE COMMISSIONER.] The commissioner 
        is hereby authorized, subject to the provisions of chapter 14, 
        to promulgate permanent rules and may promulgate emergency rules 
        not inconsistent with this section as necessary to qualify for 
        maximum federal funds to implement sections 256.72 to 256.871.  
           Sec. 47.  Minnesota Statutes 1994, section 256.991, is 
        amended to read: 
           256.991 [RULES.] 
           The commissioner of human services may promulgate emergency 
        and permanent rules as necessary to implement sections 256.01, 
        subdivision 2; 256.82, subdivision 3; 256.966, subdivision 1; 
        256D.03, subdivisions 3, 4, 6, and 7; and 261.23.  The 
        commissioner shall promulgate emergency and permanent rules to 
        establish standards and criteria for deciding which medical 
        assistance services require prior authorization and for deciding 
        whether a second medical opinion is required for an elective 
        surgery.  The commissioner shall promulgate permanent and 
        emergency rules as necessary to establish the methods and 
        standards for determining inappropriate utilization of medical 
        assistance services.  
           The commissioner of human services shall adopt emergency 
        rules which meet the requirements of sections 14.29 to 14.36 for 
        the medical assistance demonstration project.  Notwithstanding 
        the provisions of section 14.35, the emergency rules promulgated 
        to implement section 256B.69 shall be effective for 360 days and 
        may be continued in effect for an additional 900 days if the 
        commissioner gives notice by publishing a notice in the State 
        Register and mailing notice to all persons registered with the 
        commissioner to receive notice of rulemaking proceedings in 
        connection with the project.  The emergency rules shall not be 
        effective beyond December 31, 1986, without meeting the 
        requirements of sections 14.131 to 14.20. 
           Sec. 48.  Minnesota Statutes 1994, section 256B.431, 
        subdivision 22, is amended to read: 
           Subd. 22.  [CHANGES TO NURSING FACILITY REIMBURSEMENT.] The 
        nursing facility reimbursement changes in paragraphs (a) to (e) 
        apply to Minnesota Rules, parts 9549.0010 to 9549.0080, and this 
        section, and are effective for rate years beginning on or after 
        July 1, 1993, unless otherwise indicated. 
           (a) In addition to the approved pension or profit sharing 
        plans allowed by the reimbursement rule, the commissioner shall 
        allow those plans specified in Internal Revenue Code, sections 
        403(b) and 408(k). 
           (b) The commissioner shall allow as workers' compensation 
        insurance costs under section 256B.421, subdivision 14, the 
        costs of workers' compensation coverage obtained under the 
        following conditions: 
           (1) a plan approved by the commissioner of commerce as a 
        Minnesota group or individual self-insurance plan as provided in 
        section 79A.03; 
           (2) a plan in which: 
           (i) the nursing facility, directly or indirectly, purchases 
        workers' compensation coverage in compliance with section 
        176.181, subdivision 2, from an authorized insurance carrier; 
           (ii) a related organization to the nursing facility 
        reinsures the workers' compensation coverage purchased, directly 
        or indirectly, by the nursing facility; and 
           (iii) all of the conditions in clause (4) are met; 
           (3) a plan in which: 
           (i) the nursing facility, directly or indirectly, purchases 
        workers' compensation coverage in compliance with section 
        176.181, subdivision 2, from an authorized insurance carrier; 
           (ii) the insurance premium is calculated retrospectively, 
        including a maximum premium limit, and paid using the paid loss 
        retro method; and 
           (iii) all of the conditions in clause (4) are met; 
           (4) additional conditions are: 
           (i) the costs of the plan are allowable under the federal 
        Medicare program; 
           (ii) the reserves for the plan are maintained in an account 
        controlled and administered by a person which is not a related 
        organization to the nursing facility; 
           (iii) the reserves for the plan cannot be used, directly or 
        indirectly, as collateral for debts incurred or other 
        obligations of the nursing facility or related organizations to 
        the nursing facility; 
           (iv) if the plan provides workers' compensation coverage 
        for non-Minnesota nursing facilities, the plan's cost 
        methodology must be consistent among all nursing facilities 
        covered by the plan, and if reasonable, is allowed 
        notwithstanding any reimbursement laws regarding cost allocation 
        to the contrary; 
           (v) central, affiliated, corporate, or nursing facility 
        costs related to their administration of the plan are costs 
        which must remain in the nursing facility's administrative cost 
        category and must not be allocated to other cost categories; and 
           (vi) required security deposits, whether in the form of 
        cash, investments, securities, assets, letters of credit, or in 
        any other form are not allowable costs for purposes of 
        establishing the facilities payment rate. 
           (5) any costs allowed pursuant to clauses (1) to (3) are 
        subject to the following requirements: 
           (i) if the nursing facility is sold or otherwise ceases 
        operations, the plan's reserves must be subject to an 
        actuarially based settle-up after 36 months from the date of 
        sale or the date on which operations ceased.  The facility's 
        medical assistance portion of the total excess plan reserves 
        must be paid to the state within 30 days following the date on 
        which excess plan reserves are determined; 
           (ii) any distribution of excess plan reserves made to or 
        withdrawals made by the nursing facility or a related 
        organization are applicable credits and must be used to reduce 
        the nursing facility's workers' compensation insurance costs in 
        the reporting period in which a distribution or withdrawal is 
        received; 
           (iii) if reimbursement for the plan is sought under the 
        federal Medicare program, and is audited pursuant to the 
        Medicare program, the nursing facility must provide a copy of 
        Medicare's final audit report, including attachments and 
        exhibits, to the commissioner within 30 days of receipt by the 
        nursing facility or any related organization.  The commissioner 
        shall implement the audit findings associated with the plan upon 
        receipt of Medicare's final audit report.  The department's 
        authority to implement the audit findings is independent of its 
        authority to conduct a field audit. 
           (6) the commissioner shall have authority to adopt 
        emergency rules to implement this paragraph. 
           (c) In the determination of incremental increases in the 
        nursing facility's rental rate as required in subdivisions 14 to 
        21, except for a refinancing permitted under subdivision 19, the 
        commissioner must adjust the nursing facility's property-related 
        payment rate for both incremental increases and decreases in 
        recomputations of its rental rate; 
           (d) A nursing facility's administrative cost limitation 
        must be modified as follows: 
           (1) if the nursing facility's licensed beds exceed 195 
        licensed beds, the general and administrative cost category 
        limitation shall be 13 percent; 
           (2) if the nursing facility's licensed beds are more than 
        150 licensed beds, but less than 196 licensed beds, the general 
        and administrative cost category limitation shall be 14 percent; 
        or 
           (3) if the nursing facility's licensed beds is less than 
        151 licensed beds, the general and administrative cost category 
        limitation shall remain at 15 percent. 
           (e) The care related operating rate shall be increased by 
        eight cents to reimburse facilities for unfunded federal 
        mandates, including costs related to hepatitis B vaccinations. 
           Sec. 49.  Minnesota Statutes 1994, section 256B.501, 
        subdivision 5a, is amended to read: 
           Subd. 5a.  [CHANGES TO ICF/MR REIMBURSEMENT.] The 
        reimbursement rule changes in paragraphs (a) to (e) apply to 
        Minnesota Rules, parts 9553.0010 to 9553.0080, and this section, 
        and are effective for rate years beginning on or after October 
        1, 1993, unless otherwise specified. 
           (a) The maximum efficiency incentive shall be $1.50 per 
        resident per day. 
           (b) If a facility's capital debt reduction allowance is 
        greater than 50 cents per resident per day, that facility's 
        capital debt reduction allowance in excess of 50 cents per 
        resident day shall be reduced by 25 percent. 
           (c) Beginning with the biennial reporting year which begins 
        January 1, 1993, a facility is no longer required to have a 
        certified audit of its financial statements.  The cost of a 
        certified audit shall not be an allowable cost in that reporting 
        year, nor in subsequent reporting years unless the facility 
        submits its certified audited financial statements in the manner 
        otherwise specified in this subdivision.  A nursing facility 
        which does not submit a certified audit must submit its working 
        trial balance. 
           (d) In addition to the approved pension or profit sharing 
        plans allowed by the reimbursement rule, the commissioner shall 
        allow those plans specified in Internal Revenue Code, sections 
        403(b) and 408(k). 
           (e) The commissioner shall allow as workers' compensation 
        insurance costs under this section, the costs of workers' 
        compensation coverage obtained under the following conditions: 
           (1) a plan approved by the commissioner of commerce as a 
        Minnesota group or individual self-insurance plan as provided in 
        sections 79A.03; 
           (2) a plan in which: 
           (i) the facility, directly or indirectly, purchases 
        workers' compensation coverage in compliance with section 
        176.181, subdivision 2, from an authorized insurance carrier; 
           (ii) a related organization to the facility reinsures the 
        workers' compensation coverage purchased, directly or 
        indirectly, by the facility; and 
           (iii) all of the conditions in clause (4) are met; 
           (3) a plan in which: 
           (i) the facility, directly or indirectly, purchases 
        workers' compensation coverage in compliance with section 
        176.181, subdivision 2, from an authorized insurance carrier; 
           (ii) the insurance premium is calculated retrospectively, 
        including a maximum premium limit, and paid using the paid loss 
        retro method; and 
           (iii) all of the conditions in clause (4) are met; 
           (4) additional conditions are: 
           (i) the reserves for the plan are maintained in an account 
        controlled and administered by a person which is not a related 
        organization to the facility; 
           (ii) the reserves for the plan cannot be used, directly or 
        indirectly, as collateral for debts incurred or other 
        obligations of the facility or related organizations to the 
        facility; 
           (iii) if the plan provides workers' compensation coverage 
        for non-Minnesota facilities, the plan's cost methodology must 
        be consistent among all facilities covered by the plan, and if 
        reasonable, is allowed notwithstanding any reimbursement laws 
        regarding cost allocation to the contrary; 
           (iv) central, affiliated, corporate, or nursing facility 
        costs related to their administration of the plan are costs 
        which must remain in the nursing facility's administrative cost 
        category, and must not be allocated to other cost categories; 
        and 
           (v) required security deposits, whether in the form of 
        cash, investments, securities, assets, letters of credit, or in 
        any other form are not allowable costs for purposes of 
        establishing the facilities payment rate; and 
           (5) any costs allowed pursuant to clauses (1) to (3) are 
        subject to the following requirements: 
           (i) if the facility is sold or otherwise ceases operations, 
        the plan's reserves must be subject to an actuarially based 
        settle-up after 36 months from the date of sale or the date on 
        which operations ceased.  The facility's medical assistance 
        portion of the total excess plan reserves must be paid to the 
        state within 30 days following the date on which excess plan 
        reserves are determined; 
           (ii) any distribution of excess plan reserves made to or 
        withdrawals made by the facility or a related organization are 
        applicable credits and must be used to reduce the facility's 
        workers' compensation insurance costs in the reporting period in 
        which a distribution or withdrawal is received; and 
           (iii) if the plan is audited pursuant to the Medicare 
        program, the facility must provide a copy of Medicare's final 
        audit report, including attachments and exhibits, to the 
        commissioner within 30 days of receipt by the facility or any 
        related organization.  The commissioner shall implement the 
        audit findings associated with the plan upon receipt of 
        Medicare's final audit report.  The department's authority to 
        implement the audit findings is independent of its authority to 
        conduct a field audit; and 
           (6) the commissioner shall have authority to adopt 
        emergency rules to implement this paragraph. 
           Sec. 50.  Minnesota Statutes 1994, section 256B.501, 
        subdivision 10, is amended to read: 
           Subd. 10.  [RULES.] To implement this section, the 
        commissioner shall promulgate emergency and permanent rules in 
        accordance with chapter 14.  To implement subdivision 3, the 
        commissioner shall promulgate emergency rules and permanent 
        rules in accordance with sections 14.01 to 14.38.  
        Notwithstanding the provisions of section 14.35, the emergency 
        rule promulgated to implement subdivision 3 shall be effective 
        for up to 720 days.  
           Sec. 51.  Minnesota Statutes 1994, section 256B.502, is 
        amended to read: 
           256B.502 [EMERGENCY AND PERMANENT RULES; REPORT.] 
           The commissioners of health and human services shall 
        promulgate emergency and permanent rules necessary to implement 
        Laws 1983, chapter 199, except as otherwise indicated in 
        accordance with sections 14.01 to 14.38.  Emergency rules 
        promulgated by August 15, 1983 to implement the rate 
        determination provisions of section 256B.431 are retroactive to 
        and effective as of July 1, 1983.  Notwithstanding the 
        provisions of section 14.35, emergency rules promulgated to 
        implement Laws 1983, chapter 199, shall be effective for up to 
        360 days after July 1, 1983, and may be continued in effect for 
        two additional periods of 180 days each if the commissioner 
        gives notice of continuation of each additional period by 
        publishing notice in the State Register and mailing the same 
        notice to all persons registered with the commissioner to 
        receive notice of rulemaking proceedings in connection with Laws 
        1983, chapter 199.  The emergency rules promulgated in 
        accordance with this section shall not be effective 720 days 
        after their effective date without following the procedures in 
        sections 14.13 to 14.20.  The commissioner shall report to the 
        legislature by January 1, 1985, on likely groups and shall 
        establish groups of nursing homes based on the mix of resident 
        care needs, and on geographic area, by July 1, 1985.  
           Sec. 52.  Minnesota Statutes 1994, section 256B.503, is 
        amended to read: 
           256B.503 [RULES.] 
           To implement Laws 1983, chapter 312, article 9, sections 1 
        to 7, the commissioner shall promulgate emergency and permanent 
        rules in accordance with sections 14.01 to 14.38.  Rules adopted 
        to implement Laws 1983, chapter 312, article 9, section 5, must 
        (a) be in accord with the provisions of Minnesota Statutes, 
        chapter 256E, (b) set standards for case management which 
        include, encourage and enable flexible administration, (c) 
        require the county boards to develop individualized procedures 
        governing case management activities, (d) consider criteria 
        promulgated under section 256B.092, subdivision 3, and the 
        federal waiver plan, (e) identify cost implications to the state 
        and to county boards, and (f) require the screening teams to 
        make recommendations to the county case manager for development 
        of the individual service plan. 
           The commissioner shall adopt permanent rules to implement 
        this section by July 1, 1986.  Emergency rules adopted under 
        this section are effective until that date. 
           Sec. 53.  Minnesota Statutes 1994, section 256B.74, 
        subdivision 10, is amended to read: 
           Subd. 10.  [IMPLEMENTATION; RULEMAKING.] The commissioner 
        shall implement sections 256.9657 and 256B.74 on July 1, 1991, 
        without complying with the rulemaking requirements of the 
        administrative procedure act.  The commissioner shall begin to 
        adopt emergency rules to implement Laws 1991, chapter 292, 
        article 4, within 30 days, and may adopt permanent rules to 
        implement Laws 1991, chapter 292, article 4.  Emergency and 
        permanent Rules adopted to implement Laws 1991, chapter 292, 
        article 4, supersede any provisions adopted under the exemption 
        from rulemaking requirements in this section.  
           Sec. 54.  Minnesota Statutes 1995 Supplement, section 
        256D.01, subdivision 1b, is amended to read: 
           Subd. 1b.  [RULES.] The commissioner shall adopt permanent 
        rules to set standards of assistance and methods of calculating 
        payment to conform with subdivision 1a.  The minimum standards 
        of assistance shall authorize the payment of rates negotiated by 
        county agencies for recipients living in a room and board 
        arrangement according to sections 256I.01 to 256I.06.  When a 
        recipient is a resident of a regional treatment center, or a 
        residence with a negotiated rate, the recipient is not eligible 
        for a full general assistance standard.  The state standard of 
        assistance for those recipients is the personal needs allowance 
        authorized for medical assistance recipients under section 
        256B.35.  
           Sec. 55.  Minnesota Statutes 1994, section 268.37, 
        subdivision 3, is amended to read: 
           Subd. 3.  [RULES; REPORT.] The commissioner shall 
        promulgate emergency rules as necessary to administer the grants 
        program and shall promulgate permanent rules by July 1, 1980.  
        The rules shall describe:  (a) procedures for the administration 
        of grants, (b) data to be reported by grant recipients, and (c) 
        other matters the commissioner finds necessary for the proper 
        administration of the grant program including compliance with 
        relevant federal regulations.  The commissioner must require 
        that a rental unit weatherized under this section be rented to a 
        household meeting the income limits of the program for 24 of the 
        36 months after weatherization is complete.  In applying this 
        restriction to multiunit buildings weatherized under this 
        section, the commissioner shall require that occupancy continue 
        to reflect the proportion of eligible households in the building 
        at the time of weatherization.  The commissioner shall report by 
        February 1, 1988, to the chair of the health and human services 
        divisions of the house appropriations and senate finance 
        committees all steps taken to implement the requirement 
        restricting rental of weatherized units to eligible households. 
           Sec. 56.  Minnesota Statutes 1994, section 270.84, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ANNUAL VALUATION; RULES.] The commissioner 
        shall annually between March 31 and May 31 make a determination 
        of the fair market value of the operating property of every 
        railroad company doing business in this state as of January 2 of 
        the year in which the valuation is made.  In making this 
        determination, the commissioner shall employ generally accepted 
        appraisal principles and practices which may include the unit 
        method of determining value.  The commissioner may promulgate 
        emergency rules adopting valuation procedures under sections 
        14.29 to 14.36.  
           Sec. 57.  Minnesota Statutes 1994, section 270A.12, is 
        amended to read: 
           270A.12 [RULES.] 
           The commissioner is authorized to develop and to require 
        the use of any necessary forms.  The commissioner or a claimant 
        agency is authorized to make any rules necessary to effectuate 
        the purposes of sections 270A.01 to 270A.12.  Pursuant to this 
        authority, emergency rules may be adopted pursuant to sections 
        14.29 to 14.36.  
           Sec. 58.  Minnesota Statutes 1994, section 325F.20, 
        subdivision 1, is amended to read: 
           Subdivision 1.  The commissioner shall adopt rules pursuant 
        to chapter 14 regarding quality, information, and product safety 
        specifications for the manufacture, labeling, installation, and 
        thermographing of insulation.  The specifications and any 
        amendments to them shall conform as far as is practical to 
        federal standards or other standards generally accepted and in 
        use throughout the United States.  The standards, with 
        modifications as may be deemed necessary, may be adopted by 
        reference.  The specifications adopted and any amendments shall 
        be based on the application of scientific principles, approved 
        tests, and professional judgment.  For purposes of this 
        subdivision, the commissioner may adopt emergency rules, which 
        may remain in effect for 360 days.  
           Sec. 59.  Minnesota Statutes 1995 Supplement, section 
        336.9-411, is amended to read: 
           336.9-411 [COMPUTERIZED FILING SYSTEM.] 
           (a) The secretary of state shall develop and implement a 
        statewide computerized filing system to accumulate and 
        disseminate information relative to lien statements, financing 
        statements, state and federal tax lien notices, and other 
        uniform commercial code documents.  The computerized filing 
        system must allow information to be entered and retrieved from 
        the computerized filing system by county recorders, the 
        department of revenue, the department of economic security, and 
        the Internal Revenue Service.  
           (b) County recorders shall enter information relative to 
        lien statements, financing statements, state and federal tax 
        lien notices, and other uniform commercial code documents filed 
        in their offices into a central database maintained by the 
        secretary of state.  The information must be entered under the 
        rules of the secretary of state.  This requirement does not 
        apply to tax lien notices filed under sections 268.161, 
        subdivision 1, paragraph (b), clause (2); 270.69, subdivision 2, 
        paragraph (b), clause (2); and 272.488, subdivision 1, but does 
        apply to entry of the date and time of receipt and county 
        recorder's file number of those notices.  
           (c) The secretary of state may allow private parties to 
        have electronic-view-only access to the computerized filing 
        system and to other computerized records maintained by the 
        secretary of state on a fee basis, except that visual access to 
        electronic display terminals at the public counters at the 
        secretary of state's office will be without charge and available 
        during public counter hours.  If the computerized filing system 
        allows a form of electronic access to information regarding the 
        obligations of debtors, the access must be available 24 hours a 
        day, every day of the year. 
           Notwithstanding section 13.49, private parties who have 
        electronic-view-only access to computerized records may view the 
        social security number information about a debtor that is of 
        record. 
           (d) The secretary of state shall adopt rules to implement 
        the computerized filing system.  The secretary of state may 
        adopt permanent and emergency rules.  The rules must:  
           (1) allow filings to be made at the offices of all county 
        recorders and the secretary of state's office as required by 
        section 336.9-401; 
           (2) establish a central database for all information 
        relating to liens and security interests that are filed at the 
        offices of county recorders and the secretary of state; 
           (3) provide procedures for entering data into a central 
        database; 
           (4) allow the offices of all county recorders and the 
        secretary of state's office to add, modify, and delete 
        information in the central database as required by the uniform 
        commercial code; 
           (5) allow the offices of all county recorders and the 
        secretary of state's office to have access to the central 
        database for review and search capabilities; 
           (6) allow the offices of all county recorders to have 
        electronic-view-only access to the computerized business 
        information records on file with the secretary of state; 
           (7) require the secretary of state to maintain the central 
        database; 
           (8) provide security and protection of all information in 
        the central database and monitor the central database to ensure 
        that unauthorized entry is not allowed; 
           (9) require standardized information for entry into the 
        central database; 
           (10) prescribe an identification procedure for debtors and 
        secured parties that will enhance lien and financing statement 
        searches; and 
           (11) prescribe a procedure for phasing-in or converting 
        from the existing filing system to a computerized filing system. 
           (e) The secretary of state, county recorders, and their 
        employees and agents shall not be liable for any loss or damages 
        arising from errors in or omissions from information entered 
        into the computerized filing system as a result of the 
        electronic transmission of tax lien notices under sections 
        268.161, subdivision 1, paragraph (b), clause (2); 270.69, 
        subdivision 2, paragraph (b), clause (2); 272.483; and 272.488, 
        subdivisions 1 and 3. 
           Sec. 60.  Minnesota Statutes 1994, section 363.06, 
        subdivision 4a, is amended to read: 
           Subd. 4a.  [EMERGENCY APPLICATION OF RULES.] The 
        commissioner may adopt emergency rules pursuant to chapter 14 to 
        carry out the purposes of this section.  Emergency and permanent 
        Rules adopted pursuant to this subdivision apply to cases 
        pending before the commissioner on the date of adoption.  
           Sec. 61.  Minnesota Statutes 1994, section 462A.06, 
        subdivision 11, is amended to read: 
           Subd. 11.  It may make and publish rules pursuant to 
        chapter 14 respecting its mortgage lending, construction 
        lending, rehabilitation lending, grants, and temporary lending, 
        and any such other rules as are necessary to effectuate its 
        corporate purpose, and may adopt emergency rules to implement 
        demonstration programs using bond proceeds for the financing of 
        residential housing. 
           Sec. 62.  Minnesota Statutes 1994, section 462A.07, 
        subdivision 14, is amended to read: 
           Subd. 14.  [AMERICAN INDIANS.] (a) It may engage in housing 
        programs for low- and moderate-income American Indians developed 
        and administered separately or in combination by the Minnesota 
        Chippewa tribe, the Red Lake band of Chippewa Indians, and the 
        Sioux communities as determined by such tribe, band, or 
        communities.  In furtherance of the policy of economic 
        integration stated in section 462A.02, subdivision 6, it may 
        engage in housing programs for American Indians who intend to 
        reside on reservations and who are not persons of low and 
        moderate income, provided that the aggregate dollar amount of 
        the loans for each lender's fiscal year shall not exceed an 
        amount equal to 25 percent of the total dollar amount of all 
        loans made by that lender during the lender's fiscal year at the 
        time of loan application.  In developing such housing programs, 
        the tribe, band, or communities shall take into account the 
        housing needs of all American Indians residing both on and off 
        reservations within the state.  A plan for each such program, 
        which specifically describes the program content, utilization of 
        funds, administration, operation, implementation and other 
        matter, as determined by the agency, must be submitted to the 
        agency for its review and approval prior to the making of 
        eligible loans pursuant to section 462A.21.  All such programs 
        must conform to rules promulgated by the agency concerning 
        program administration, including but not limited to rules 
        concerning costs of administration; the quality of housing; 
        interest rates, fees, and charges in connection with making 
        eligible loans; and other matters determined by the agency to be 
        necessary in order to effectuate the purposes of this 
        subdivision and section 462A.21, subdivisions 4b and 4c.  All 
        such programs must provide for a reasonable balance in the 
        distribution of funds appropriated for the purpose of this 
        section between American Indians residing on and off 
        reservations within the state.  Nothing in this section shall 
        preclude such tribe, band, or communities from requesting and 
        receiving cooperation, advice, and assistance from the agency as 
        regards program development, operation, delivery, financing, or 
        administration.  As a condition to the making of such eligible 
        loans, the Minnesota Chippewa tribe, the Red Lake band of 
        Chippewa Indians, and the Sioux communities shall: 
           (1) enter into a loan agreement and other contractual 
        arrangements with the agency for the purpose of transferring the 
        allocated portion of loan funds as set forth in section 462A.26 
        and to insure compliance with the provisions of this section and 
        this chapter; and 
           (2) agree that all of their official books and records 
        related to such housing programs shall be subjected to audit by 
        the legislative auditor in the manner prescribed for agencies of 
        state government. 
           The agency shall submit a biennial report concerning the 
        various housing programs for American Indians, and related 
        receipts and expenditures as provided in section 462A.22, 
        subdivision 9, and such tribe, band, or communities to the 
        extent that they administer such programs, shall be responsible 
        for any costs and expenses related to such administration 
        provided, however, they shall be eligible for payment for costs, 
        expenses, and services pursuant to subdivision 12 and section 
        462A.21.  The agency may provide or cause to be provided 
        essential general technical services as set forth in subdivision 
        2, and general consultative project assistance services, 
        including, but not limited to, management training, and home 
        ownership counseling as set forth in subdivision 3.  Members of 
        boards, committees, or other governing bodies of the tribe, 
        band, and communities administering the programs authorized by 
        this subdivision must be compensated for those services as 
        provided in section 15.0575.  Rules promulgated under this 
        subdivision may be promulgated as emergency rules under chapter 
        14. 
           (b) The agency may engage in demonstration projects to 
        encourage the participation of financial institutions or other 
        leveraging sources in providing housing opportunities for 
        American Indians.  The agency shall consult with the Minnesota 
        Chippewa tribe, the Red Lake band of Chippewa Indians, and the 
        Sioux communities in developing the demonstration projects.  The 
        income limits specified in paragraph (a) do not apply to the 
        demonstration projects. 
           (c) The agency may make home improvement loans under this 
        subdivision without regard to household income.  
           Sec. 63.  Minnesota Statutes 1995 Supplement, section 
        462A.201, subdivision 2, is amended to read: 
           Subd. 2.  [LOW-INCOME HOUSING.] (a) The agency may, in 
        consultation with the advisory committee, use money from the 
        housing trust fund account to provide loans or grants for 
        projects for the development, construction, acquisition, 
        preservation, and rehabilitation of low-income rental and 
        limited equity cooperative housing units and homes for 
        ownership.  No more than 20 percent of available funds may be 
        used for home ownership projects.  
           (b) A rental or limited equity cooperative housing project 
        must meet one of the following income tests: 
           (1) at least 75 percent of the rental and cooperative units 
        must be rented to or cooperatively owned by persons and families 
        whose income does not exceed 30 percent of the median family 
        income for the metropolitan area as defined in section 473.121, 
        subdivision 2; or 
           (2) all of the units funded by the housing trust fund 
        account must be used for the benefit of persons and families 
        whose income does not exceed 30 percent of the median family 
        income for the metropolitan area as defined in section 473.121, 
        subdivision 2. 
           The median family income may be adjusted for families of 
        five or more. 
           (c) Homes for ownership must be owned or purchased by 
        persons and families whose income does not exceed 50 percent of 
        the metropolitan area median income, adjusted for family size. 
           (d) In making the grants, the agency shall determine the 
        terms and conditions of repayment and the appropriate security, 
        if any, should repayment be required.  To promote the geographic 
        distribution of grants and loans, the agency may designate a 
        portion of the grant or loan awards to be set aside for projects 
        located in specified congressional districts or other 
        geographical regions specified by the agency.  The agency may 
        adopt emergency and permanent rules for awarding grants and 
        loans under this subdivision.  The emergency rules are effective 
        for 180 days or until the permanent rules are adopted, whichever 
        occurs first. 
           Sec. 64.  Minnesota Statutes 1994, section 462A.236, is 
        amended to read: 
           462A.236 [RULES.] 
           The agency may adopt emergency and permanent rules for the 
        efficient administration of section 462A.05, subdivisions 14b, 
        18a, and 23.  The emergency rules need not be adopted in 
        compliance with chapter 14 and are effective for 360 days or 
        until the permanent rules are adopted, whichever occurs first.  
        The emergency rules are effective upon adoption by the agency 
        and shall be published in the State Register as soon thereafter 
        as possible.  
           Sec. 65.  Minnesota Statutes 1994, section 583.285, is 
        amended to read: 
           583.285 [MEDIATION RULES.] 
           The commissioner of agriculture, in consultation with the 
        commissioner of the bureau of mediation services and the 
        director of the University of Minnesota agricultural extension 
        service, shall make rules under chapter 14, to implement the 
        farmer-lender mediation act.  The commissioner of agriculture 
        may adopt emergency rules. 
           Sec. 66.  Minnesota Statutes 1995 Supplement, section 
        626.557, subdivision 16, is amended to read: 
           Subd. 16.  [IMPLEMENTATION AUTHORITY.] (a) By September 1, 
        1995, the attorney general and the commissioners of health and 
        human services, in coordination with representatives of other 
        entities that receive or investigate maltreatment reports, shall 
        develop the common report form described in subdivision 9.  The 
        form may be used by mandated reporters, county social service 
        agencies, law enforcement entities, licensing agencies, or 
        ombudsman offices. 
           (b) The commissioners of health and human services shall as 
        soon as possible promulgate rules necessary to implement the 
        requirements of this section.  The commissioners of health and 
        human services may promulgate emergency rules pursuant to 
        sections 14.29 to 14.36.  
           (c) By December 31, 1995, the commissioners of health, 
        human services, and public safety shall develop criteria for the 
        design of a statewide database utilizing data collected on the 
        common intake form of the common entry point.  The statewide 
        database must be accessible to all entities required to conduct 
        investigations under this section, and must be accessible to 
        ombudsman and advocacy programs. 
           (d) By September 1, 1995, each lead agency shall develop 
        the guidelines required in subdivision 9b. 
           Sec. 67.  [REPEALER.] 
           Minnesota Statutes 1994, sections 222.61; and 254B.041, 
        subdivision 1, are repealed. 
                                   ARTICLE 3 
                               AGENCY FEE SETTING
           Section 1.  Minnesota Statutes 1995 Supplement, section 
        16B.748, is amended to read: 
           16B.748 [RULES.] 
           The commissioner may adopt rules for the following purposes:
           (1) to set a fee under section 16A.128 16A.1285 for 
        processing a construction or installation permit or elevator 
        contractor license application; 
           (2) to set a fee under section 16A.128 16A.1285 to cover 
        the cost of elevator inspections; 
           (3) to establish minimum qualifications for elevator 
        inspectors that must include possession of a current elevator 
        constructor electrician's license issued by the state board of 
        electricity and proof of successful completion of the national 
        elevator industry education program examination or equivalent 
        experience; 
           (4) to establish criteria for the qualifications of 
        elevator contractors; 
           (5) to establish elevator standards under sections 16B.61, 
        subdivisions 1 and 2, and 16B.64; 
           (6) to establish procedures for appeals of decisions of the 
        commissioner under chapter 14 and procedures allowing the 
        commissioner, before issuing a decision, to seek advice from the 
        elevator trade, building owners or managers, and others 
        knowledgeable in the installation, construction, and repair of 
        elevators; and 
           (7) to establish requirements for the registration of all 
        elevators. 
           Sec. 2.  Minnesota Statutes 1994, section 17.03, 
        subdivision 10, is amended to read: 
           Subd. 10.  [GIFTS; PUBLICATION FEES; ADVERTISING; 
        APPROPRIATION.] (a) The commissioner may accept for and on 
        behalf of the state any gift, bequest, devise, grant, or 
        interest in money or personal property of any kind tendered to 
        the state for any purpose pertaining to the activities of the 
        department of agriculture or any of its divisions. 
           (b) The commissioner may charge a fee for reports, 
        publications, or other promotional or informational material 
        produced by the department of agriculture.  The commissioner may 
        solicit and accept advertising revenue for any departmental 
        publications or promotional materials. 
           (c) The fees collected by the commissioner under this 
        section are to recover all or part of the costs of providing 
        services for which the fees are paid.  These fees are not 
        subject to chapter 14 or sections 16A.128 and 16A.1281 section 
        16A.1285. 
           (d) Money received by the commissioner for these activities 
        may be credited to one or more special accounts in the state 
        treasury.  Money in those special accounts is annually 
        appropriated to the commissioner to provide the services for 
        which the money was received. 
           Sec. 3.  Minnesota Statutes 1994, section 18.54, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SERVICES AND FEES.] The commissioner may 
        make small lot inspections or perform other necessary services 
        for which another charge is not specified.  For these services 
        the commissioner shall set a fee plus expenses that will recover 
        the cost of performing this service, as provided in 
        section 16A.128 16A.1285.  The commissioner may set an 
        additional acreage fee for inspection of seed production fields 
        for exporters in order to meet domestic and foreign plant 
        quarantine requirements. 
           Sec. 4.  Minnesota Statutes 1994, section 18.54, 
        subdivision 2, is amended to read: 
           Subd. 2.  [VIRUS DISEASE-FREE CERTIFICATION.] The 
        commissioner shall have the authority to provide special 
        services such as virus disease-free certification and other 
        similar programs.  Participation by nursery stock growers shall 
        be voluntary.  Plants offered for sale as certified virus-free 
        must be grown according to certain procedures in a manner 
        defined by the commissioner for the purpose of eliminating 
        viruses and other injurious disease or insect pests.  The 
        commissioner shall collect reasonable fees from participating 
        nursery stock growers for services and materials that are 
        necessary to conduct this type of work, as provided in section 
        16A.128 16A.1285.  
           Sec. 5.  Minnesota Statutes 1994, section 21.92, is amended 
        to read: 
           21.92 [SEED INSPECTION FUND.] 
           There is established in the state treasury an account known 
        as the seed inspection fund.  Fees and penalties collected by 
        the commissioner under sections 21.80 to 21.92 and interest 
        attributable to money in the account shall be deposited into 
        this account.  The rates at which the fees are charged may be 
        adjusted pursuant to section 16A.128 16A.1285.  
           Sec. 6.  Minnesota Statutes 1994, section 41A.023, is 
        amended to read: 
           41A.023 [POWERS.] 
           In addition to other powers granted by this chapter, the 
        board may: 
           (1) sue and be sued; 
           (2) acquire, hold, lease, and transfer any interest in real 
        and personal property for its corporate purposes; 
           (3) sell at public or private sale, at the price or prices 
        determined by the board, any note, mortgage, lease, sublease, 
        lease purchase, or other instrument or obligation evidencing or 
        securing a loan made for the purpose of economic development, 
        job creation, redevelopment, or community revitalization by a 
        public agency to a business, for-profit or nonprofit 
        organization, or an individual; 
           (4) obtain insurance on its property; 
           (5) obtain municipal bond insurance, letters of credit, 
        surety obligations, or similar agreements from financial 
        institutions; 
           (6) enter into other agreements or transactions, without 
        regard to chapter 16B, that the board considers necessary or 
        appropriate to carry out the purposes of this chapter with 
        federal or state agencies, political subdivisions of the state, 
        or other persons, firms, or corporations; 
           (7) establish and collect fees without regard to chapter 14 
        and section 16A.128 16A.1285; 
           (8) accept appropriations, gifts, grants, and bequests; 
           (9) use money received from any source for any legal 
        purpose or program of the board; 
           (10) participate in loans for agricultural resource 
        projects in accordance with section 41A.035; 
           (11) provide small business development loans in accordance 
        with section 41A.036; and 
           (12) guarantee or insure bonds or notes issued by the board.
           Sec. 7.  Minnesota Statutes 1994, section 85A.02, 
        subdivision 5b, is amended to read: 
           Subd. 5b.  [EXEMPTIONS.] The board is not subject to 
        sections 3.841 to 3.845, 15.057, 15.061, 16A.128 16A.1285, and 
        16A.28; chapter 16B, except for sections 16B.07, 16B.102, 
        16B.17, 16B.19, 16B.35, and 16B.55; and chapter 14, except 
        section 14.38, subdivision 7, relating to the legal status of 
        rules and the legislative review of rules.  
           Sec. 8.  Minnesota Statutes 1995 Supplement, section 
        97A.0453, is amended to read: 
           97A.0453 [NOTICE TO COMMITTEES FOR FEES FIXED BY RULE.] 
           Before the commissioner submits notice to the State 
        Register of intent to adopt emergency rules that establish or 
        adjust fees, the commissioner shall comply with section 16A.128, 
        subdivision 2a send a copy of the notice and the proposed rules 
        to the chairs of the house ways and means committee and the 
        senate committee on finance. 
           Sec. 9.  Minnesota Statutes 1994, section 97B.025, is 
        amended to read: 
           97B.025 [ADVANCED HUNTER EDUCATION.] 
           The commissioner may establish advanced education courses 
        for hunters and trappers.  The commissioner, with the approval 
        of the commissioner of finance, may impose a fee not to exceed 
        $10 for each person attending an advanced education course.  The 
        commissioner shall establish the fee under section 
        16A.128 16A.1285.  
           Sec. 10.  Minnesota Statutes 1995 Supplement, section 
        103G.301, subdivision 2, is amended to read: 
           Subd. 2.  [PERMIT APPLICATION FEES.] (a) An application for 
        a permit authorized under this chapter, and each request to 
        amend or transfer an existing permit, must be accompanied by a 
        permit application fee to defray the costs of receiving, 
        recording, and processing the application or request to amend or 
        transfer.  
           (b) The application fee for a permit to appropriate water, 
        a permit to construct or repair a dam that is subject to dam 
        safety inspection, a state general permit, or to apply for the 
        state water bank program is $75.  The application fee for a 
        permit to work in public waters or to divert waters for mining 
        must be at least $75, but not more than $500, in accordance with 
        a schedule of fees adopted under section 16A.128 16A.1285.  
           Sec. 11.  Minnesota Statutes 1994, section 103G.301, 
        subdivision 3, is amended to read: 
           Subd. 3.  [FIELD INSPECTION FEES.] (a) In addition to the 
        application fee, the commissioner may charge a field inspection 
        fee for:  
           (1) projects requiring a mandatory environmental assessment 
        under chapter 116D; 
           (2) projects undertaken without a required permit or 
        application; and 
           (3) projects undertaken in excess of limitations 
        established in an issued permit.  
           (b) The fee must be at least $100 but not more than actual 
        inspection costs.  
           (c) The fee is to cover actual costs related to a permit 
        applied for under this chapter or for a project undertaken 
        without proper authorization. 
           (d) The commissioner shall establish a schedule of field 
        inspection fees under section 16A.128 16A.1285.  The schedule 
        must include actual costs related to field inspection, including 
        investigations of the area affected by the proposed activity, 
        analysis of the proposed activity, consultant services, and 
        subsequent monitoring, if any, of the activity authorized by the 
        permit.  
           Sec. 12.  Minnesota Statutes 1994, section 103I.525, 
        subdivision 8, is amended to read: 
           Subd. 8.  [RENEWAL.] (a) A licensee must file an 
        application and a renewal application fee to renew the license 
        by the date stated in the license.  
           (b) The renewal application fee shall be set by the 
        commissioner under section 16A.128 16A.1285.  
           (c) The renewal application must include information that 
        the applicant has met continuing education requirements 
        established by the commissioner by rule.  
           (d) At the time of the renewal, the commissioner must have 
        on file all properly completed well reports, well sealing 
        reports, reports of excavations to construct elevator shafts, 
        well permits, and well notifications for work conducted by the 
        licensee since the last license renewal. 
           Sec. 13.  Minnesota Statutes 1994, section 103I.525, 
        subdivision 9, is amended to read: 
           Subd. 9.  [INCOMPLETE OR LATE RENEWAL.] If a licensee fails 
        to submit all information required for renewal in subdivision 8 
        or submits the application and information after the required 
        renewal date: 
           (1) the licensee must include an additional late fee set by 
        the commissioner under section 16A.128 16A.1285; and 
           (2) the licensee may not conduct activities authorized by 
        the well contractor's license until the renewal application, 
        renewal application fee, late fee, and all other information 
        required in subdivision 8 are submitted. 
           Sec. 14.  Minnesota Statutes 1994, section 103I.531, 
        subdivision 8, is amended to read: 
           Subd. 8.  [RENEWAL.] (a) A person must file an application 
        and a renewal application fee to renew the limited well 
        contractor's license by the date stated in the license.  
           (b) The renewal application fee shall be set by the 
        commissioner under section 16A.128 16A.1285.  
           (c) The renewal application must include information that 
        the applicant has met continuing education requirements 
        established by the commissioner by rule.  
           (d) At the time of the renewal, the commissioner must have 
        on file all properly completed well sealing reports, well 
        permits, and well notifications for work conducted by the 
        licensee since the last license renewal. 
           Sec. 15.  Minnesota Statutes 1994, section 103I.531, 
        subdivision 9, is amended to read: 
           Subd. 9.  [INCOMPLETE OR LATE RENEWAL.] If a licensee fails 
        to submit all information required for renewal in subdivision 8 
        or submits the application and information after the required 
        renewal date: 
           (1) the licensee must include an additional late fee set by 
        the commissioner under section 16A.128 16A.1285; and 
           (2) the licensee may not conduct activities authorized by 
        the limited well contractor's license until the renewal 
        application, renewal application fee, and late fee, and all 
        other information required in subdivision 8 are submitted. 
           Sec. 16.  Minnesota Statutes 1994, section 103I.535, 
        subdivision 8, is amended to read: 
           Subd. 8.  [RENEWAL.] (a) A person must file an application 
        and a renewal application fee to renew the license by the date 
        stated in the license.  
           (b) The renewal application fee shall be set by the 
        commissioner under section 16A.128 16A.1285.  
           (c) The renewal application must include information that 
        the applicant has met continuing education requirements 
        established by the commissioner by rule.  
           (d) At the time of renewal, the commissioner must have on 
        file all reports and permits for elevator shaft work conducted 
        by the licensee since the last license renewal. 
           Sec. 17.  Minnesota Statutes 1994, section 103I.541, 
        subdivision 4, is amended to read: 
           Subd. 4.  [RENEWAL.] (a) A person must file an application 
        and a renewal application fee to renew the registration by the 
        date stated in the registration.  
           (b) The renewal application fee shall be set by the 
        commissioner under section 16A.128 16A.1285.  
           (c) The renewal application must include information that 
        the applicant has met continuing education requirements 
        established by the commissioner by rule.  
           (d) At the time of the renewal, the commissioner must have 
        on file all well reports, well sealing reports, well permits, 
        and notifications for work conducted by the registered person 
        since the last registration renewal. 
           Sec. 18.  Minnesota Statutes 1994, section 103I.541, 
        subdivision 5, is amended to read: 
           Subd. 5.  [INCOMPLETE OR LATE RENEWAL.] If a registered 
        person submits a renewal application after the required renewal 
        date: 
           (1) the registered person must include an additional late 
        fee set by the commissioner under section 16A.128 16A.1285; and 
           (2) the registered person may not conduct activities 
        authorized by the monitoring well contractor's registration 
        until the renewal application, renewal application fee, late 
        fee, and all other information required in subdivision 4 are 
        submitted. 
           Sec. 19.  Minnesota Statutes 1994, section 116C.834, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [COSTS.] All costs incurred by the state to 
        carry out its responsibilities under the compact and under 
        sections 116C.833 to 116C.843 shall be paid by generators of 
        low-level radioactive waste in this state through fees assessed 
        by the pollution control agency.  The agency shall assess the 
        fees in the manner provided in section 16A.128 16A.1285.  Fees 
        may be reasonably assessed on the basis of volume or degree of 
        hazard of the waste produced by a generator.  Costs for which 
        fees may be assessed include, but are not limited to:  
           (a) the state contribution required to join the compact; 
           (b) the expenses of the Commission member and costs 
        incurred to support the work of the Interstate Commission; 
           (c) regulatory costs, including but not limited to costs of 
        adopting and enforcing regulations if the state enters into a 
        limited agreement with the United States Nuclear Regulatory 
        Commission to assume state regulation of transportation and 
        packaging, or disposal, of low-level radioactive wastes; 
           (d) siting costs of a low-level radioactive waste facility 
        under section 116C.842 and sections 116C.845 to 116C.848 to the 
        extent that the costs are reasonably attributable to waste 
        generated in this state; and 
           (e) any liability the state may incur as a party state to 
        the compact.  
           Sec. 20.  Minnesota Statutes 1994, section 116J.63, 
        subdivision 2, is amended to read: 
           Subd. 2.  Fees for reports, publications, or related 
        publicity or promotional material are not subject to the 
        rulemaking requirements of chapter 14 and are not subject to 
        sections 16A.128 and 16A.1281 section 16A.1285.  The fees 
        prescribed by the commissioner must be commensurate with the 
        distribution objective of the department for the material 
        produced or with the cost of furnishing the services.  All fees 
        for materials and services must be deposited in the general fund.
           Sec. 21.  Minnesota Statutes 1994, section 144.98, 
        subdivision 4, is amended to read: 
           Subd. 4.  [FEES FOR LABORATORY PROFICIENCY TESTING AND 
        TECHNICAL TRAINING.] The commissioner of health may set fees for 
        proficiency testing and technical training services under 
        section 16A.128 16A.1285.  Fees must be set so that the total 
        fees cover the direct costs of the proficiency testing and 
        technical training services, including salaries, supplies and 
        equipment, travel expenses, and attorney general costs 
        attributable to the fee function. 
           Sec. 22.  Minnesota Statutes 1994, section 148B.17, is 
        amended to read: 
           148B.17 [FEES.] 
           Each board shall by rule establish fees, including late 
        fees, for licenses and renewals so that the total fees collected 
        by the board will as closely as possible equal anticipated 
        expenditures during the fiscal biennium, as provided in section 
        16A.128 16A.1285.  Fees must be credited to accounts in the 
        special revenue fund. 
           Sec. 23.  Minnesota Statutes 1994, section 161.1231, 
        subdivision 5, is amended to read: 
           Subd. 5.  [FEES.] The commissioner shall establish and 
        collect fees for use of the parking facilities.  The fees must 
        be established and adjusted in compliance with United States 
        Code, title 23, section 137, and are not subject to chapter 14, 
        including section 14.38, subdivisions 5 to 9, or 16A.128 
        16A.1285. 
           Sec. 24.  Minnesota Statutes 1994, section 183.375, 
        subdivision 5, is amended to read: 
           Subd. 5.  [FEES.] All fees collected by the division of 
        boiler inspection shall be paid into the state treasury in the 
        manner provided by law for fees received by other state 
        departments and credited to the general fund.  When fees are to 
        be set by the commissioner, they shall be set pursuant to 
        section 16A.128 16A.1285.  
           Sec. 25.  Minnesota Statutes 1994, section 183.411, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [INSPECTION FEES.] The commissioner may set fees 
        for inspecting traction engines, show boilers, and show engines 
        pursuant to section 16A.128 16A.1285. 
           Sec. 26.  Minnesota Statutes 1994, section 183.411, 
        subdivision 3, is amended to read: 
           Subd. 3.  [LICENSES.] A license to operate steam farm 
        traction engines, portable and stationary show engines and 
        portable and stationary show boilers shall be issued to an 
        applicant who: 
           (a) is 18 years of age or older; 
           (b) has two licensed second class, grade A engineers or 
        steam traction engineers, or any combination thereof, cosign the 
        application; attesting to the applicant's competence in 
        operating said devices; 
           (c) passes a written test for competence in operating said 
        devices; 
           (d) has at least 25 hours of actual operating experience on 
        said devices; and 
           (e) pays the required fee. 
           A license shall be valid for the lifetime of the licensee.  
        A one time fee set by the commissioner pursuant to section 
        16A.128 16A.1285, shall be charged for the license. 
           Sec. 27.  Minnesota Statutes 1994, section 183.545, is 
        amended to read: 
           183.545 [FEES FOR INSPECTION.] 
           Subdivision 1.  [FEE AMOUNT; VESSELS.] The fees for the 
        inspection of the hull, boiler, machinery, and equipments of 
        vessels are to be set by the commissioner pursuant to section 
        16A.128 16A.1285, for vessels of 50 tons burden or over and 
        vessels of less than 50 tons burden. 
           Subd. 2.  [FEE AMOUNTS; MASTERS AND PILOTS.] The 
        commissioner shall, pursuant to section 16A.128 16A.1285, set 
        the fee for an examination of an applicant for a master's or 
        pilot's license, for an annual renewal of a master's or a 
        pilot's license, and for an annual renewal if paid later than 
        ten days after expiration. 
           Subd. 3.  [INSPECTION FEES.] The fees for the annual 
        inspection of boilers and biennial inspection of pressure 
        vessels are to be set by the commissioner pursuant to section 
        16A.128 16A.1285, for: 
           (a) boiler inaccessible for internal inspection; 
           (b) boiler accessible for internal inspection; 
           (c) boiler internal inspection over 2,000 square feet 
        heating surface; 
           (d) boiler internal inspection over 4,000 square feet 
        heating surface; 
           (e) boiler internal inspection over 10,000 square feet 
        heating surface; 
           (f) boiler accessible for internal inspection requiring 
        one-half day or more of inspection time shall be billed at the 
        established shop inspection fee rate; 
           (g) pressure vessel for internal inspection via manhole; 
        and 
           (h) pressure vessel inaccessible for internal inspection.  
           An additional fee based on the scale of fees applicable to 
        an inspection shall be charged when it is necessary to make a 
        special trip for a hydrostatic test of a boiler or pressure 
        vessel.  
           The commissioner shall, pursuant to section 16A.128 
        16A.1285, set shop inspection fees.  Inspection time includes 
        all time related to the shop inspection. 
           Subd. 4.  [APPLICANTS FEES.] The commissioner shall, 
        pursuant to section 16A.128 16A.1285, set the fee for an 
        examination of an applicant for the following licenses: 
           (a) chief engineer's license; 
           (b) first class engineer's license; 
           (c) second class engineer's license; 
           (d) special engineer's license; 
           (e) traction engineer's license; and 
           (f) pilot's license. 
           If an applicant, after an examination, is entitled to 
        receive a license, it shall be issued without the payment of any 
        additional charge.  Any license so issued expires one year after 
        the date of its issuance.  An engineer's license may be renewed 
        upon application therefor and the payment of an annual renewal 
        fee as set by the commissioner pursuant to section 
        16A.128 16A.1285.  
           Subd. 6.  [NATIONAL BOARD INSPECTORS.] The fee for an 
        examination of an applicant for a national board of boiler and 
        pressure vessels inspectors commission shall be set by the 
        commissioner pursuant to section 16A.128 16A.1285.  
           Subd. 7.  [NUCLEAR ENDORSEMENT.] The fee for each 
        examination of an applicant for a national board of boiler and 
        pressure vessels commissioned inspectors nuclear endorsement 
        shall be set by the commissioner pursuant to section 
        16A.128 16A.1285. 
           Subd. 8.  [CERTIFICATE OF COMPETENCY.] The fee for issuance 
        of the original state of Minnesota certificate of competency for 
        inspectors shall be set by the commissioner pursuant to 
        section 16A.128 16A.1285.  This fee is waived for inspectors who 
        paid the examination fee.  The fee for an annual renewal of the 
        state of Minnesota certificate of competency shall be set by the 
        commissioner pursuant to section 16A.128 16A.1285, and is due 
        January 1 of each year. 
           Subd. 9.  [DEPOSIT OF FEES.] Fees received under this 
        section and section 183.57 must be deposited in the state 
        treasury and credited to the general fund. 
           Sec. 28.  Minnesota Statutes 1994, section 223.17, 
        subdivision 3, is amended to read: 
           Subd. 3.  [GRAIN BUYERS AND STORAGE FUND; FEES.] The 
        commissioner shall set the fees for inspections under sections 
        223.15 to 223.22 at levels necessary to pay the expenses of 
        administering and enforcing sections 223.15 to 223.22.  These 
        fees may be adjusted pursuant to the provisions of section 
        16A.128 16A.1285.  
           The fee for any license issued or renewed prior to June 30, 
        1984, is $100.  The fee for any license issued or renewed after 
        June 30, 1984, shall be set according to the following schedule: 
           (a) $100 plus $50 for each additional location for grain 
        buyers whose gross annual purchases are less than $1,500,000; 
           (b) $200 plus $50 for each additional location for grain 
        buyers whose gross annual purchases are at least $1,500,000, but 
        not more than $3,000,000; and 
           (c) $300 plus $50 for each additional location for grain 
        buyers whose gross annual purchases are more than $3,000,000.  
           There is created in the state treasury the grain buyers and 
        storage fund.  Money collected pursuant to sections 223.15 to 
        223.19 shall be paid into the state treasury and credited to the 
        grain buyers and storage fund and is appropriated to the 
        commissioner for the administration and enforcement of sections 
        223.15 to 223.22.  
           Sec. 29.  Minnesota Statutes 1994, section 239.101, 
        subdivision 4, is amended to read: 
           Subd. 4.  [SETTING WEIGHTS AND MEASURES FEES.] The 
        department shall review its schedule of inspection fees at the 
        end of each six months.  When a review indicates that the 
        schedule of inspection fees should be adjusted, the commissioner 
        shall fix the fees by rule, in accordance with section 
        16A.128 16A.1285, to ensure that the fees charged are sufficient 
        to recover all costs connected with the inspections. 
           Sec. 30.  Minnesota Statutes 1994, section 240A.03, 
        subdivision 10, is amended to read: 
           Subd. 10.  [USE AGREEMENTS.] The commission may lease, 
        license, or enter into agreements and may fix, alter, charge, 
        and collect rentals, fees, and charges to persons for the use, 
        occupation, and availability of part or all of any premises, 
        property, or facilities under its ownership, operation, or 
        control.  Fees charged by the commission are not subject to 
        section 16A.128 16A.1285.  A use agreement may provide that the 
        other contracting party has exclusive use of the premises at the 
        times agreed upon. 
           Sec. 31.  Minnesota Statutes 1994, section 299M.04, is 
        amended to read: 
           299M.04 [RULES; SETTING FEES.] 
           The commissioner shall adopt permanent rules for operation 
        of the council; regulation by municipalities; permit, filing, 
        inspection, certificate, and license fees; qualifications, 
        examination, and licensing of fire protection contractors; 
        certification of journeyman sprinkler fitters; registration of 
        apprentices; and the administration and enforcement of this 
        chapter.  Fees must be set under section 16A.128 16A.1285.  
        Permit fees must be a percentage of the total cost of the fire 
        protection work. 
           Sec. 32.  Minnesota Statutes 1994, section 326.47, 
        subdivision 6, is amended to read: 
           Subd. 6.  [FILING AND INSPECTION FEES.] The department of 
        labor and industry must charge a filing fee set by the 
        commissioner under section 16A.128 16A.1285 for all applications 
        for permits to construct or install high pressure piping systems.
        The fee for inspection of high pressure piping system 
        construction or installation shall be set by the commissioner 
        under section 16A.128 16A.1285.  This subdivision does not apply 
        where a permit is issued by a municipality complying with 
        subdivision 2. 
           Sec. 33.  Minnesota Statutes 1995 Supplement, section 
        326.50, is amended to read: 
           326.50 [APPLICATION; FEES.] 
           Application for an individual contracting pipefitter 
        competency or an individual journeyman pipefitter competency 
        license shall be made to the department of labor and industry, 
        with fees.  The applicant shall be licensed only after passing 
        an examination by the department of labor and industry.  Fees 
        and conditions for renewal of an individual contracting 
        pipefitter competency or an individual journeyman pipefitter 
        competency license shall be determined by the department by rule 
        under chapter 14 and section 16A.128 16A.1285.  
           Sec. 34.  Minnesota Statutes 1994, section 326.86, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [LICENSING FEE.] The licensing fee for 
        persons licensed pursuant to sections 326.83 to 326.991 is $75 
        per year.  The commissioner may adjust the fees under section 
        16A.128 16A.1285 to recover the costs of administration and 
        enforcement.  The fees must be limited to the cost of license 
        administration and enforcement and must be deposited in the 
        state treasury and credited to the general fund.  A fee of $25 
        will be charged for a duplicate license or an amended license 
        reflecting a change of business name, address, or qualifying 
        person. 
           Presented to the governor March 12, 1996 
           Signed by the governor March 13, 1996, 2:40 p.m.

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