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1990 Minnesota Session Laws

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                         Laws of Minnesota 1990 

                        CHAPTER 426-S.F.No. 2072 
           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          conflicting, and superseded provisions; making 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 1988, sections 
          11A.14, subdivision 5; 15.0597, subdivision 1; 15.50, 
          subdivision 5; 16B.53, subdivision 3; 62C.141; 79A.14; 
          115.49, subdivision 4; 197.55; 232.21, subdivision 7; 
          256B.69, subdivision 6; 257.41; 273.1315; 333.135; 
          336.9-105; 353A.02, subdivision 14; 354.05, 
          subdivision 23; 354.66, subdivision 7; 412.701; 
          412.711; 459.07; 469.155, subdivision 12; 481.12; 
          626.556, subdivision 10c; Minnesota Statutes 1989 
          Supplement, sections 15.50, subdivision 2; 18.022, 
          subdivision 2; 62A.045; 105.41, subdivision 1a; 
          115C.03, subdivision 9; 124.86, subdivision 2; 
          127.455; 144.6501, subdivision 10; 163.06, subdivision 
          6; 168.013, subdivision 1a; 168.33, subdivision 2; 
          176.421, subdivision 7; 204C.361; 236.02, subdivision 
          7; 245.462, subdivision 4; 256E.08, subdivision 5; 
          256H.08; 256H.22, subdivisions 2 and 3; 260.185, 
          subdivision 1; 270B.12, subdivision 7; 273.119, 
          subdivision 1; 273.124, subdivision 13; 319A.20; 
          336.2A-104; 352.01, subdivision 2b; 352.72, 
          subdivision 1; 352B.30, subdivision 1; 383D.41, 
          subdivisions 1 and 2; 422A.05, subdivision 2a; 
          469.129, subdivision 1; 501B.61, subdivision 1; 
          563.01, subdivision 3; 609.605, subdivision 3; 
          Minnesota Statutes Second 1989 Supplement, sections 
          121.904, subdivision 4a; 245A.14, subdivision 6; and 
          275.50, subdivision 5; and Laws 1989, chapters 329, 
          article 8, section 15, subdivision 2; 332, section 3, 
          subdivision 3; repealing Minnesota Statutes 1988, 
          sections 11A.19, subdivisions 1 to 8; 43A.192; 
          Minnesota Statutes 1989 Supplement, sections 11A.19, 
          subdivision 9; and 226.01 to 226.06. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                ARTICLE 1

                             REVISOR'S BILL

                          STATUTORY CORRECTIONS
    Section 1.  Minnesota Statutes 1988, section 11A.19, 
subdivisions 1, 2, 3, 4, 5, 6, 7, and 8, are repealed. 
    Sec. 2.  Minnesota Statutes 1989 Supplement, section 
11A.19, subdivision 9, is repealed. 
    Sec. 3.  Minnesota Statutes 1988, section 11A.14, 
subdivision 5, is amended to read: 
    Subd. 5.  [PARTICIPATING PUBLIC RETIREMENT PLANS OR FUNDS.] 
The following public retirement plans and funds shall 
participate in the Minnesota combined investment funds: 
    (1) state employees retirement fund established pursuant to 
chapter 352; 
    (2) correctional employees retirement plan established 
pursuant to chapter 352; 
    (3) state patrol retirement fund established pursuant to 
chapter 352B; 
    (4) public employees retirement fund established pursuant 
to chapter 353; 
    (5) public employees police and fire fund established 
pursuant to chapter 353; 
    (6) teachers retirement fund established pursuant to 
chapter 354; 
    (7) judges retirement fund established pursuant to chapter 
490; 
    (8) the permanent school fund established under the 
Minnesota Constitution, article XI, section 8; 
    (9) the supplemental investment fund established under 
section 11A.17; and 
    (10) the variable annuity investment fund established under 
section 11A.19; and 
    (11) any other fund required by law to participate. 
    Sec. 4.  Minnesota Statutes 1988, section 353A.02, 
subdivision 14, is amended to read: 
    Subd. 14.  [INELIGIBLE INVESTMENTS.] "Ineligible 
investments" means any investment security or other asset held 
by the relief association at or after the initiation of the 
consolidation procedure which does not comply with the 
applicable requirements or limitations of sections 11A.09, 
11A.18, 11A.19, 11A.23, and 11A.24. 
    Sec. 5.  Minnesota Statutes 1988, section 354.05, 
subdivision 23, is amended to read: 
    Subd. 23.  [VARIABLE ACCOUNT ACCUMULATION.] "Variable 
account accumulation" means the total amounts credited to a 
member's account in the variable annuity division as most 
recently revalued in accordance with the provisions of sections 
11A.19 and section 354.62. 
    Sec. 6.  Minnesota Statutes 1988, section 15.0597, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITIONS.] As used in this section, the 
following terms shall have the meanings given them. 
    (a) "Agency" means (1) a state board, commission, council, 
committee, authority, task force, including an advisory task 
force created under section 15.014 or 15.0593, or other similar 
multimember agency created by statute and having statewide 
jurisdiction; and (2) the metropolitan council, regional transit 
board, metropolitan airports commission, metropolitan parks and 
open space commission, metropolitan sports facilities 
commission, metropolitan waste control commission, capitol area 
architectural and planning board, and any agency with a regional 
jurisdiction created in this state pursuant to an interstate 
compact. 
    (b) "Vacancy" or "vacant agency position" means (1) a 
vacancy in an existing agency, or (2) a new, unfilled agency 
position; provided that "agency" "vacancy" shall not mean (1) a 
vacant position on an agency composed exclusively of persons 
employed by a political subdivision or another agency, or (2) a 
vacancy to be filled by a person required to have a specific 
title or position. 
    (c) "Secretary" means the secretary of state. 
     Sec. 7.  Minnesota Statutes 1989 Supplement, section 15.50, 
subdivision 2, is amended to read: 
    Subd. 2.  (a) The board shall prepare, prescribe, and from 
time to time amend a comprehensive use plan for the capitol 
area, herein called the area which shall initially consist of 
that portion of the city of Saint Paul comprehended within the 
following boundaries:  Beginning at the point of intersection of 
the centerline of the Arch-Pennsylvania freeway and the 
centerline of Marion Street, thence southerly along the 
centerline of Marion Street extended to a point 50 feet south of 
the south line of Concordia Avenue, thence southeasterly along a 
line extending 50 feet from the south line of Concordia Avenue 
to a point 125 feet from the west line of John Ireland 
Boulevard, thence southwesterly along a line extending 125 feet 
from the west line of John Ireland Boulevard to the south line 
of Dayton Avenue, thence northeasterly from the south line of 
Dayton Avenue to the west line of John Ireland Boulevard, thence 
northeasterly to the centerline of the intersection of Old 
Kellogg Boulevard and Summit Avenue, thence northeasterly along 
the centerline of Summit Avenue to the south line of the 
right-of-way of the Fifth Street ramp, thence southeasterly 
along the right-of-way of the Fifth Street ramp to the east line 
of the right-of-way of Interstate Highway 35-E, thence 
northeasterly along the east line of the right-of-way of 
Interstate Highway 35-E to the south line of the right-of-way of 
Interstate Highway 94, thence easterly along the south line of 
the right-of-way of Interstate Highway 94 to the west line of 
St. Peter Street, thence southerly to the south line of Eleventh 
Street, thence easterly along the south line of Eleventh Street 
to the west line of Cedar Street, thence southeasterly along the 
west line of Cedar Street to the centerline of Tenth Street, 
thence northeasterly along the centerline of Tenth Street to the 
centerline of Minnesota Street, thence northwesterly along the 
centerline of Minnesota Street to the centerline of Eleventh 
Street, thence northeasterly along the centerline of Eleventh 
Street to the centerline of Jackson Street, thence northwesterly 
along the centerline of Jackson Street to the centerline of the 
Arch-Pennsylvania freeway extended, thence westerly along the 
centerline of the Arch-Pennsylvania freeway extended and Marion 
Street to the point of origin.  Pursuant to the comprehensive 
plan, or any portion thereof, the board may regulate, by means 
of zoning rules adopted pursuant to the administrative procedure 
act, the kind, character, height, and location, of buildings and 
other structures constructed or used, the size of yards and open 
spaces, the percentage of lots that may be occupied, and the 
uses of land, buildings and other structures, within the area.  
To protect and enhance the dignity, beauty, and architectural 
integrity of the capitol area, the board is further empowered to 
include in its zoning rules design review procedures and 
standards with respect to any proposed construction activities 
in the capitol area significantly affecting the dignity, beauty, 
and architectural integrity of the area.  No person shall 
undertake these construction activities as defined in the 
board's rules in the capitol area without first submitting 
construction plans to the board, obtained obtaining a zoning 
permit from the board and received receiving a written 
certification from the board specifying that the person has 
complied with all design review procedures and standards.  
Violation of the zoning rules is a misdemeanor.  The board may, 
at its option, proceed to abate any violation by injunction.  
The board and the city of St. Paul shall cooperate in assuring 
that the area adjacent to the capitol area is developed in a 
manner that is in keeping with the purpose of the board and the 
provisions of the comprehensive plan.  
    (b) The commissioner of administration shall act as a 
consultant to the board with regard to the physical structural 
needs of the state.  The commissioner shall make studies and 
report the results to the board when they request reports for 
their planning purpose.  
    (c) No public building, street, parking lot, or monument, 
or other construction shall be built or altered on any public 
lands within the area unless the plans for the same conforms to 
the comprehensive use plan as specified in clause (d) and to the 
requirement for competitive plans as specified in clause (e).  
No alteration substantially changing the external appearance of 
any existing public building approved in the comprehensive plan 
or the exterior or interior design of any proposed new public 
building the plans for which were secured by competition under 
clause (e), may be made without the prior consent of the board.  
The commissioner of administration shall consult with the board 
regarding internal changes having the effect of substantially 
altering the architecture of the interior of any proposed 
building.  
     (d) The comprehensive plan shall show the existing land 
uses and recommend future uses including:  areas for public 
taking and use; zoning for private land and criteria for 
development of public land, including building areas and open 
spaces; vehicular and pedestrian circulation; utilities systems; 
vehicular storage; elements of landscape architecture.  No 
substantial alteration or improvement shall be made to public 
lands or buildings in the area save with the written approval of 
the board.  
     (e) The board shall secure by competitions, plans for any 
new public building.  Plans for any comprehensive plan, 
landscaping scheme, street plan, or property acquisition, which 
may be proposed, or for any proposed alteration of any existing 
public building, landscaping scheme or street plan may be 
secured by a similar competition.  Such competition shall be 
conducted under rules prescribed by the board and may be of any 
type which meets the competition standards of the American 
Institute of Architects.  Designs selected shall become the 
property of the state of Minnesota and the board may award one 
or more premiums in each such competition and may pay such costs 
and fees as may be required for the conduct thereof.  At the 
option of the board, plans for projects estimated to cost less 
than $1,000,000 may be approved without competition provided 
such plans have been considered by the advisory committee 
described in clause (f).  Plans for projects estimated to cost 
less than $400,000 and for construction of streets need not be 
considered by the advisory committee if in conformity with the 
comprehensive plan.  
     (f) The board shall not adopt any plan under clause (e) 
unless it first receives the comments and criticism of an 
advisory committee of three persons, each of whom is either an 
architect or a planner, who have been selected and appointed as 
follows:  one by the board of the arts, one by the board, and 
one by the Minnesota Society of the American Institute of 
Architects.  Members of the committee shall not be contestants 
under clause (e).  The comments and criticism shall be a matter 
of public information.  The committee shall advise the board on 
all architectural and planning matters.  For that purpose:  
     (1) the committee shall be kept currently informed 
concerning, and have access to, all data, including all plans, 
studies, reports and proposals, relating to the area as the same 
are developed or in the process of preparation whether by the 
commissioner of administration, the commissioner of trade and 
economic development, the metropolitan council, the city of 
Saint Paul, or by any architect, planner, agency or 
organization, public or private, retained by the board or not 
retained and engaged in any work or planning relating to the 
area.  A copy of any such data prepared by any public employee 
or agency shall be filed with the board promptly upon 
completion; 
     (2) the board may employ such stenographic or technical 
help as may be reasonable to assist the committee to perform its 
duties; 
     (3) when so directed by the board, the committee may serve 
as, and any member or members thereof may serve on, the jury or 
as professional advisor for any architectural competition.  The 
board shall select the architectural advisor and jurors for any 
competition with the advice of the committee; and 
     (4) the city of St. Paul shall advise the board.  
     (g) The comprehensive plan for the area shall be developed 
and maintained in close cooperation with the commissioner of 
trade and economic development and the planning department and 
the council for the city of Saint Paul and the board of the 
arts, and no such plan or amendment thereof shall be effective 
without 90 days' notice to the planning department of the city 
of Saint Paul and the board of the arts.  
     (h) The board and the commissioner of administration 
jointly, shall prepare, prescribe, and from time to time revise 
standards and policies governing the repair, alteration, 
furnishing, appearance and cleanliness of the public and 
ceremonial areas of the state capitol building.  Pursuant to 
this power, the board shall consult with and receive advice from 
the director of the Minnesota state historical society regarding 
the historic fidelity of plans for the capitol building.  The 
standards and policies developed as herein provided shall be 
binding upon the commissioner of administration.  The provisions 
of sections 14.02, 14.04 to 14.36, 14.38, and 14.44 to 14.45 
shall not apply to this clause.  
     (i) The board in consultation with the commissioner of 
administration shall prepare and submit to the legislature and 
the governor no later than October 1 of each even-numbered year 
a report on the status of implementation of the comprehensive 
plan together with a program for capital improvements and site 
development, and the commissioner of administration shall 
provide the necessary cost estimates for the program.  
     (j) The state shall, by the attorney general upon the 
recommendation of the board and within appropriations available 
for that purpose, acquire by gift, purchase or eminent domain 
proceedings any real property situated in the area described in 
this section and it shall also have the power to acquire an 
interest less than a fee simple interest in the property, if it 
finds that it is needed for future expansion or beautification 
of the area.  
    (k) The board is the successor of the state veterans' 
service building commission, and as such may adopt rules and may 
reenact the rules adopted by its predecessor under Laws 1945, 
chapter 315, and acts amendatory thereof.  
    (l) The board shall meet at the call of the chair and at 
such other times as it may prescribe.  
    (m) The commissioner of administration shall assign 
quarters in the state veterans service building to (1) the 
department of veterans affairs of which such part as the 
commissioner of administration and commissioner of veterans 
affairs may mutually determine shall be on the first floor above 
the ground and (2) the American Legion, Veterans of Foreign 
Wars, Disabled American Veterans, Military Order of the Purple 
Heart, United Spanish War Veterans, and Veterans of World War I, 
and their auxiliaries, incorporated, or when incorporated, under 
the laws of the state, and (3) as space becomes available to 
such other state departments and agencies as the commissioner 
may deem desirable. 
    Sec. 8.  Minnesota Statutes 1988, section 15.50, 
subdivision 5, is amended to read: 
    Subd. 5.  The moneys appropriated to the board are subject 
to the requirements of budget and allotment as prescribed by 
chapter 16A.  Except for budgeting and allotting the board shall 
be subject to none of the provisions of chapter 16 or 16A or 16B.
    Sec. 9.  Minnesota Statutes 1988, section 16B.53, 
subdivision 3, is amended to read: 
    Subd. 3.  [REVOLVING FUND.] Money collected by the 
commissioner under this section must be deposited in the central 
general services revolving fund in the state treasury.  Money in 
that fund is annually appropriated to the commissioner for the 
purposes of carrying out this section.  
    Sec. 10.  Minnesota Statutes 1989 Supplement, section 
18.022, subdivision 2, is amended to read: 
    Subd. 2.  [COST.] (a) To defray the cost of the activities 
under subdivision 1, the governing body of the political 
subdivision may levy a tax which, except when levied by a 
county, must not exceed a gross tax capacity rate of .55 percent 
or a net tax capacity rate of .68 percent in any year in excess 
of charter tax capacity rate limitations, but not in any event 
more than 50 cents per capita, except that the levy for the 
grasshopper control program under Laws 1989, chapter 350, 
article 10, sections 23 to 26 18.0223 to 18.0227 is not subject 
to the 50 cents per capita limitation.  The political 
subdivision may make the levy, where necessary, separate from 
the general levy and at any time of the year.  (b) If, because 
of the prevalence of Dutch elm disease, the governing body of 
such a political subdivision is unable to defray the cost of 
control activities authorized by this section within the limits 
set by this subdivision, the limits set by this subdivision are 
increased to a gross tax capacity rate of 1.1 percent or a net 
tax capacity rate of 1.36 percent, but not in any event more 
than one dollar per capita.  
     Sec. 11.  Minnesota Statutes 1988, section 79A.14, is 
amended to read: 
    79A.14 [LETTER OF CREDIT FORM.] 
    The form for the letter of credit under this chapter shall 
be:  
Effective Date 
State of Minnesota (Beneficiary) 
(Address) 
Dear Sirs: 
By order of ....................(Self-Insurer) we are instructed 
to open a clean irrevocable Letter of Credit in your favor for 
United States $............(Amount). 
We undertake that drawings under this Letter of Credit will be 
honored upon presentation of your draft drawn on 
..........(Self-Insurer issuing bank), at ..........(Address) 
prior to expiration date.  
The Letter of Credit expires on .........., but will 
automatically extend for an additional one year if you have not 
received by registered mail notification of intention not to 
renew 60 days prior to the original expiration date and each 
subsequent expiration date. 
    Except as expressly stated herein, this undertaking is not 
subject to any condition or qualification.  The obligation of 
............(issuing bank) under this letter of credit shall be 
the individual obligation of ............(issuing bank), in no 
way contingent upon reimbursement with respect thereto. 
Very truly yours, 
......................(Signature) 
    Sec. 12.  [REPEALER.] 
    Minnesota Statutes 1988, section 43A.192, is repealed. 
    Sec. 13.  Minnesota Statutes 1989 Supplement, section 
105.41, subdivision 1a, is amended to read: 
    Subd. 1a.  [WATER ALLOCATION PRIORITIES.] (a) The 
commissioner shall adopt rules for allocation of waters based on 
the following priorities for the consumptive appropriation and 
use of water: 
    (1) first priority:  domestic water supply excluding 
industrial and commercial uses of municipal water supply, and 
use for power production that meets the contingency planning 
provisions of section 105.417, subdivision 5; 
    (2) second priority:  a use of water that involves 
consumption of less than 10,000 gallons of water per day; 
    (3) third priority:  agricultural irrigation and processing 
of agricultural products, involving consumption in excess of 
10,000 gallons per day; 
    (4) fourth priority:  power production in excess of the use 
provided for in the contingency plan developed under section 
105.417, subdivision 5; and 
    (5) fifth priority:  uses, other than agricultural 
irrigation, processing of agricultural products, and power 
production, involving consumption in excess of 10,000 gallons 
per day and nonessential uses of public water supplies as 
defined in section 105.518, subdivision 1 105.418. 
    (b) For the purposes of this section, "consumption" shall 
mean water withdrawn from a supply which is lost for immediate 
further use in the area.  
    (c) Appropriation and use of surface water from streams 
during periods of flood flows and high water levels must be 
encouraged subject to consideration of the purposes for use, 
quantities to be used, and the number of persons appropriating 
water. 
    (d) Appropriation and use of surface water from lakes of 
less than 500 acres in surface area must be discouraged. 
    (e) The treatment and reuse of water from nonconsumptive 
uses shall be encouraged.  
    (f) Diversions of water from the state for use in other 
states or regions of the United States or Canada must be 
discouraged. 
    Sec. 14.  Minnesota Statutes 1988, section 115.49, 
subdivision 4, is amended to read: 
    Subd. 4.  Any municipality which is a party to a contract 
for any of the purposes specified in subdivision 3 and which 
operates a plant for the disposal of sewage, industrial wastes, 
or other wastes, or which is a city of the first class 
comprising a part of a sanitary district under chapter 445 may 
upon written notice to the other party or parties, fix new rates 
and charges for the service performed under the contract, 
notwithstanding any provision of law, charter, or the contract 
to the contrary.  Any other party or parties to such a contract 
with a municipality which operates such a plant, or with a city 
of the first class comprising a part of a sanitary district 
under Minnesota Statutes, chapter 445 may, upon written notice 
to such municipality, demand that new rates and charges be fixed 
for service performed under the contract, notwithstanding any 
provision of law, charter, or the contract to the contrary.  
Whenever notice is given as provided herein, it shall be the 
duty of the municipality operating the plant for the disposal of 
sewage, industrial wastes, or other wastes, or a city of the 
first class comprising a part of a sanitary district under 
chapter 445, to hold a hearing for the determination of proper 
rates and charges.  A valid notice given under this subdivision 
of a demand to fix new rates and charges as to any contract 
precludes another such notice by any party as to that contract 
for a period of five years from the time of the notice, or the 
time of dismissal of proceedings under a notice, or the time of 
determination of rates and charges by the affected agencies or 
by judgment, as the case may be, whichever of these events is 
last, but there may always be a contract change under 
subdivision 3; provided there can be no such demand as of right 
within the first five years of a contract.  A municipality which 
may be affected by determination of new rates and charges in 
such a proceeding may participate in the proceeding as an 
interested third party by filing a notice of its intention to so 
participate with the clerk of the municipality to which the 
original notice was directed.  If any party to the contract 
involved in the proceeding initiated by notice of demand for new 
rates and charges is dissatisfied with the rates and charges as 
set in the proceeding it may within 30 days after such 
determination by written notice given to the other party or 
parties elect to submit the matters in dispute to a board of 
arbitration which shall be created as follows:  The municipality 
making such written election shall in such written election 
appoint a referee; the other municipality shall within ten days 
after such election and appointment also appoint a referee; the 
two referees shall appoint a third referee, or if they fail for 
ten days to do so, unless the municipalities mutually extend the 
time for them to do so the district court of a judicial district 
which is mutually agreeable to the municipalities shall make the 
appointment of the third referee.  A decision of the majority of 
the board shall be a decision of the board.  Each municipality 
shall pay the compensation of the referee appointed by it, and 
one-half of the compensation of the third referee, such 
compensation to be at the rate usually charged by such person 
for services in the person's profession or occupation.  The 
hearing initiated by the notice of demand to fix new rates and 
charges and all proceedings in connection therewith shall be in 
conformity with sections 14.57 to 14.62 and the municipality 
conducting the hearing is an agency as such term is used in such 
sections.  Any party to the contract aggrieved by the decision 
or order made in conformity with such provisions shall be 
entitled to judicial review in the district court in the county 
in which such decision or order was made and in the manner 
provided in subdivision 5.  The new rates and charges 
established by the agency upon the initial demand will continue 
until the proper rates and charges are finally determined, 
notwithstanding submission to arbitration or judicial review, 
but the order or judgment which finally determines legality will 
provide for adjustment of overpayment or underpayment, if any, 
during the period after the new rates and charges were initially 
fixed. 
    All records of any municipality relating to such rates and 
charges shall be available at all reasonable times for 
examination by any municipality. 
    Sec. 15.  Minnesota Statutes 1989 Supplement, section 
115C.03, subdivision 9, is amended to read: 
    Subd. 9.  [REQUESTS FOR REVIEW, INVESTIGATION, AND 
OVERSIGHT.] (a) The commissioner may, upon request:  
    (1) assist in determining whether a release has occurred; 
and 
    (2) assist in or supervise the development and 
implementation of reasonable and necessary response actions.  
    (b) Assistance may include review of agency records and 
files and review and approval of a requester's investigation 
plans and reports and corrective action plans and implementation.
    (c) The person requesting assistance under this subdivision 
shall pay the agency for the agency's cost, as determined by the 
commissioner, of providing assistance.  Money received by the 
agency for assistance under this subdivision must be deposited 
in the state treasury and credited to the fund account. 
    Sec. 16.  Minnesota Statutes 1989 Supplement, section 
124.86, subdivision 2, is amended to read: 
    Subd. 2.  [REVENUE AMOUNT.] For 1989-1990 and later school 
years, an American Indian-controlled contract school that is 
located on a reservation within the state and that complies with 
the requirements in subdivision 1 is eligible to receive tribal 
contract school aid.  The amount of aid is derived by: 
    (1) multiplying the formula allowance under section 
124A.22, subdivision 2, times the actual pupil units as defined 
in section 124A.02, subdivision 19, in attendance during the 
fall count week, but not including pupil units for which the 
school has received reimbursement under sections 123.933 and 
126.23 for the school for the current school year; 
    (2) subtracting from the result in clause (1) the amount of 
money allotted to the school by the federal government through 
the Indian School Equalization Program of the Bureau of Indian 
Affairs, according to Code of Federal Regulations, title 25, 
part 39, subparts A to E, for the basic program as defined by 
section 39, 11, b 39.11, paragraph (b) but not money allotted 
through subparts F to L for contingency funds, school board 
training, student training, interim maintenance and minor 
repair, interim administration cost, prekindergarten, and 
operation and maintenance, and the amount of money that is 
received according to section 126.23; 
    (3) dividing the result in clause (2) by the actual pupil 
units; and 
    (4) multiplying the actual pupil units by the lesser of 
$1,500 or the result in clause (3). 
    Sec. 17.  Minnesota Statutes 1989 Supplement, section 
127.455, is amended to read: 
    127.455 [MODEL POLICY.] 
    The commissioner of education shall maintain and make 
available to school boards a model sexual harassment and 
violence policy.  The model policy shall address the 
requirements of section 127.45 127.46. 
    Each school board shall submit to the commissioner of 
education a copy of the sexual harassment and sexual violence 
policy the board has adopted. 
    Sec. 18.  Laws 1989, chapter 329, article 8, section 15, 
subdivision 2, is amended to read: 
    Subd. 2.  Each school board shall adopt a written sexual 
harassment and sexual violence policy required under section 
127.45 127.46 before September 1, 1991.  Each school board shall 
submit a copy of its adopted sexual harassment and sexual 
violence policy required under section 127.455 to the education 
commissioner by September 1, 1991. 
    Sec. 19.  Minnesota Statutes 1989 Supplement, section 
144.6501, subdivision 10, is amended to read: 
    Subd. 10.  [APPLICABILITY.] This section applies to new 
admissions to facilities on and after October 1, 1989.  This 
section does not require the execution of a new admission 
contract for a resident who was residing in a facility before 
August June 1, 1989.  However, provisions of the admission 
contract that are inconsistent with or in conflict with this 
section are voidable at the sole option of the resident.  
Residents must be given notice of the changes in admission 
contracts according to this section and must be given the 
opportunity to execute a new admission contract that conforms to 
this section. 
     Sec. 20.  Minnesota Statutes 1989 Supplement, section 
163.06, subdivision 6, is amended to read: 
    Subd. 6.  [EXPENDITURE IN CERTAIN COUNTIES.] In any county 
having not less than 95 nor more than 105 full and fractional 
townships, and having a net tax capacity of not less than 
$3,000,000 nor more than $5,000,000, exclusive of money and 
credits, the county board, by resolution, may expend the funds 
provided in subdivision 4 in any organized or unorganized 
township or portion thereof in such county. 
    Sec. 21.  Minnesota Statutes 1989 Supplement, section 
168.013, subdivision 1a, is amended to read: 
    Subd. 1a.  [PASSENGER AUTOMOBILES; AMBULANCES; HEARSES.] 
(a) On passenger automobiles as defined in section 168.011, 
subdivision 7, ambulances, and hearses, except as otherwise 
provided, the tax shall be $10 plus an additional tax equal to 
1.25 percent of the base value.  
    (b) Subject to the classification provisions herein, "base 
value" means the manufacturer's suggested retail price of the 
vehicle including destination charge as reflected on the price 
listing affixed to the vehicle in conformity with United States 
Code, title 15, sections 1231 to 1233 (Public Law Number 85-506) 
or otherwise suggested by the manufacturer or determined by the 
registrar if no suggested retail price exists, and shall not 
include the cost of each accessory or item of optional equipment 
separately added to the vehicle and the suggested retail price. 
    (c) If unable to determine the base value because the 
vehicle is specially constructed, or for any other reason, the 
registrar may establish such value upon the cost price to the 
purchaser or owner as evidenced by a certificate of cost but not 
including Minnesota sales or use tax or any local sales or other 
local tax. 
    (d) The registrar shall classify every vehicle in its 
proper base value class as follows: 
                      FROM                   TO
                      $  0                $199.99
                       200                 399.99
and thereafter a series of classes successively set in brackets 
having a spread of $200 consisting of such number of classes as 
will permit classification of all vehicles. 
    (e) The base value for purposes of this section shall be 
the middle point between the extremes of its class. 
    (f) The registrar shall establish the base value, when new, 
of every passenger automobile, ambulance and hearse registered 
prior to the effective date of Extra Session Laws 1971, chapter 
31, using list price information published by the manufacturer 
or any nationally recognized firm or association compiling such 
data for the automotive industry.  If unable to ascertain the 
base value of any registered vehicle in the foregoing manner, 
the registrar may use any other available source or method.  The 
tax on all previously registered vehicles shall be computed upon 
the base value thus determined taking into account the 
depreciation provisions of Extra Session Laws 1971, chapter 31 
paragraph (g). 
    (g) Except as provided in paragraph (h), the annual 
additional tax computed upon the base value as provided herein, 
during the first and second years of vehicle life shall be 
computed upon 100 percent of the base value; for the third and 
fourth years, 90 percent of such value; for the fifth and sixth 
years, 75 percent of such value; for the seventh year, 60 
percent of such value; for the eighth year, 40 percent of such 
value; for the ninth year, 30 percent of such value; for the 
tenth year, ten percent of such value; for the 11th and each 
succeeding year, the sum of $25.  
    In no event shall the annual additional tax be less than 
$25.  
    (h) The annual additional tax under paragraph (g) on a 
motor vehicle on which the first annual tax was paid before 
January 1, 1990, must not exceed the tax that was paid on that 
vehicle the year before. 
    Sec. 22.  Minnesota Statutes 1989 Supplement, section 
168.33, subdivision 2, is amended to read: 
    Subd. 2.  [POWERS.] The registrar shall have the power to 
appoint, hire and discharge and fix the compensation of the 
necessary employees, in the manner provided by law, as may be 
required to enable the registrar to properly carry out the 
duties imposed by the provisions of this chapter.  The registrar 
may appoint, and for cause discontinue, a deputy registrar for 
any city as the public interest and convenience may require, 
without regard to whether the county auditor of the county in 
which the city is situated has been appointed as the deputy 
registrar for the county or has been discontinued as the deputy 
registrar for the county, and without regard to whether the 
county in which the city is situated has established a county 
license bureau which issues motor vehicle licenses as provided 
in section 373.32. 
    The registrar may appoint, and for cause discontinue, a 
deputy registrar for any city as the public interest and 
convenience may require, if the auditor for the county in which 
the city is situated chooses not to accept appointment as the 
deputy registrar for the county or is discontinued as a deputy 
registrar, or if the county in which the city is situated has 
not established a county license bureau which issues motor 
vehicle license licenses as provided in section 373.32.  Any 
person appointed by the registrar as a deputy registrar for any 
city shall be a resident of the county in which the city is 
situated. 
      The registrar may appoint, and for cause discontinue, the 
county auditor of each county as a deputy registrar.  Upon 
approval of the county board, the auditor, with the approval of 
the director of motor vehicles, may appoint, and for cause 
discontinue, the clerk or equivalent officer of each city or any 
other person as a deputy registrar as public interest and 
convenience may require, regardless of the appointee's county of 
residence.  Notwithstanding any other provision, a person other 
than a county auditor or a director of a county license bureau, 
who was appointed by the registrar before August 1, 1976, as a 
deputy registrar for any city, may continue to serve as deputy 
registrar and may be discontinued for cause only by the 
registrar.  The county auditor who appointed the deputy 
registrars shall be responsible for the acts of deputy 
registrars appointed by the auditor.  Each such deputy, before 
entering upon the discharge of duties, shall take and subscribe 
an oath to faithfully discharge the duties and to uphold the 
laws of the state.  If a deputy registrar appointed hereunder is 
not an officer or employee of a county or city, such deputy 
shall in addition give bond to the state in the sum of $10,000, 
or such larger sum as may be required by the registrar, 
conditioned upon the faithful discharge of duties as deputy 
registrar.  A corporation governed by chapter 302A may be 
appointed a deputy registrar.  Upon application by an individual 
serving as a deputy registrar and the giving of the requisite 
bond as provided in this subdivision, personally assured by the 
individual or another individual approved by the commissioner of 
public safety, a corporation named in an application shall 
become the duly appointed and qualified successor to the deputy 
registrar.  Each deputy registrar appointed hereunder shall keep 
and maintain, in a convenient public place within or in close 
proximity to the place for which appointed, a registration and 
motor vehicle tax collection bureau, to be approved by the 
registrar, for the registration of motor vehicles and the 
collection of motor vehicle taxes thereon.  The deputy registrar 
shall keep such records and make such reports to the registrar 
as that officer, from time to time, may require.  Such records 
shall be maintained at the facility of the deputy registrar.  
The records and facilities of the deputy registrar shall at all 
times be open to the inspection of the registrar or the 
registrar's agents.  The deputy registrar shall report to the 
registrar by the next working day following receipt all 
registrations made and taxes and fees collected by the deputy 
registrar.  The filing fee imposed pursuant to subdivision 7 
shall be deposited in the treasury of the place for which 
appointed, or if not a public official, such deputy shall retain 
the filing fee, but the registration tax and any additional fees 
for delayed registration the deputy registrar has collected the 
deputy registrar shall deposit by the next working day following 
receipt in an approved state depository to the credit of the 
state through the state treasurer.  The place for which the 
deputy registrar is appointed through its governing body shall 
provide the deputy registrar with facilities and personnel to 
carry out the duties imposed by this subdivision if such deputy 
is a public official.  In all other cases, the deputy shall 
maintain a suitable facility for serving the public.  
    Sec. 23.  Minnesota Statutes 1989 Supplement, section 
176.421, subdivision 7, is amended to read: 
    Subd. 7.  [RECORD OF PROCEEDINGS.] At the division's own 
expense, the commissioner shall make a complete record of all 
proceedings before the commissioner and shall provide a 
stenographer or an audio magnetic recording device to make the 
record of the proceedings. 
    The commissioner shall furnish a transcript of these 
proceedings to any person who requests it and who pays a 
reasonable charge which shall be set by the commissioner.  Upon 
a showing of cause, the commissioner may direct that a 
transcript be prepared without expense to the person requesting 
the transcript, in which case the cost of the transcript shall 
be paid by the division.  Transcript fees received under this 
subdivision shall be paid to the workers' compensation division 
account in the state treasury and shall be annually appropriated 
to the division for the sole purpose of providing a record and 
transcripts as provided in this subdivision.  This subdivision 
does not apply to any administrative conference or other 
proceeding before the commissioner which may be heard de novo in 
another proceeding including but not limited to proceedings 
under section 176.101 176.106 or 176.239. 
    Sec. 24.  Minnesota Statutes 1988, section 197.55, is 
amended to read: 
    197.55 [QUARTERS FOR MEETINGS OF VETERANS ORGANIZATIONS.] 
    The governor of this state, or any other legal custodian of 
public buildings within the state, shall, when not inconsistent 
with the public interests to, set aside any portion of the 
public buildings for the use and occupation as quarters and 
places for holding their stated or special meetings or 
assemblies, to all posts of the grand army of the republic, 
commanderies of the loyal legion, camps or posts of the veterans 
of the Philippine or Spanish-American wars, and any other post, 
commandery, camp or association, local or state, of veterans of 
any war in which the United States has been engaged, which may 
be organized in the city, town or county in which the building 
or buildings may be situated.  Upon 20 days written notice, duly 
served upon the proper officer or officers of any said 
organizations, by the governor or any other legal custodian, 
that the public buildings, rooms, or quarters are required for 
public use, the same shall be promptly and quietly vacated. 
    Sec. 25.  Minnesota Statutes 1989 Supplement, section 
204C.361, is amended to read: 
    204C.361 [RULES FOR RECOUNTS.] 
    The secretary of state shall adopt rules according to the 
Administrative Procedures Act establishing uniform recount 
procedures.  All recounts provided for by sections 204C.35, 
204C.36, and 206.57, subdivision 1 206.88, shall be conducted in 
accordance with these rules.  
    Sec. 26.  [REPEALER; PACKING HOUSE CERTIFICATES.] 
    Minnesota Statutes 1989 Supplement, sections 226.01, 
226.02, 226.03, 226.04, 226.05, and 226.06, are repealed. 
    Sec. 27.  Minnesota Statutes 1988, section 232.21, 
subdivision 7, is amended to read: 
    Subd. 7.  [GRAIN.] "Grain" means any cereal grain, 
course coarse grain, or oilseed in unprocessed form for which a 
standard has been established by the United States Secretary of 
Agriculture or the Minnesota board of grain standards, dry 
edible beans, or agricultural crops designated by the 
commissioner by rule.  
    Sec. 28.  Minnesota Statutes Second 1989 Supplement, 
section 245A.14, subdivision 6, is amended to read: 
    Subd. 6.  [DROP-IN CHILD CARE PROGRAMS.] Except as 
expressly set forth in this subdivision, drop-in child care 
programs must be licensed as a drop-in program under the rules 
governing child care programs operated in a center.  Drop-in 
child care programs are exempt from the requirements in 
Minnesota Rules, parts 9503.0040; 9503.0045, subpart 1, items F 
and G; 9503.0050, subpart 6, except for children less than 2-1/2 
years old; one-half the requirements of 9503.0060, subpart 4, 
item A, subitems (2), (5), and (8), subpart 5, item A, subitems 
(2), (3), and (7), and subpart 6, item A, subitems (3) and (6); 
9507.0070 9503.0070; and 9503.0090, subpart 2.  A drop-in child 
care program must be operated under the supervision of a person 
qualified as a director and a teacher.  A drop-in child care 
program must maintain a minimum staff ratio for children age 
2-1/2 or greater of one staff person for each ten children, 
except that there must be at least two persons on staff whenever 
the program is operating.  If the program has additional staff 
who are on call as a mandatory condition of their employment, 
the minimum ratio may be exceeded only for children age 2-1/2 or 
greater, by a maximum of four children, for no more than 20 
minutes while additional staff are in transit.  The minimum 
staff-to-child ratio for infants up to 16 months of age is one 
staff person for every four infants.  The minimum staff-to-child 
ratio for children age 17 months to 30 months is one staff for 
every seven children.  In drop-in care programs that serve both 
infants and older children, children up to age 2-1/2 may be 
supervised by assistant teachers, as long as other staff are 
present in appropriate ratios.  The minimum staff distribution 
pattern for a drop-in child care program serving children age 
2-1/2 or greater is:  the first staff member must be a teacher; 
the second, third, and fourth staff members must have at least 
the qualifications of a child care aide; the fifth staff member 
must have at least the qualifications of an assistant teacher; 
the sixth, seventh, and eighth staff members must have at least 
the qualifications of a child care aide; and the ninth staff 
person must have at least the qualifications of an assistant 
teacher.  The commissioner by rule may require that a drop-in 
child care program serving children less than 2-1/2 years of age 
serve these children in an area separated from older children 
and may permit children age 2-1/2 and older to be cared for in 
the same child care group. 
    Sec. 29.  Minnesota Statutes 1988, section 256B.69, 
subdivision 6, is amended to read: 
    Subd. 6.  [SERVICE DELIVERY.] (a) Each demonstration 
provider shall be responsible for the health care coordination 
for eligible individuals.  Demonstration providers:  
    (1) shall authorize and arrange for the provision of all 
needed health services including but not limited to the full 
range of services listed in sections 256B.02, subdivision 8, and 
256B.0625 in order to ensure appropriate health care is 
delivered to enrollees; 
    (2) shall accept the prospective, per capita payment from 
the commissioner in return for the provision of comprehensive 
and coordinated health care services for eligible individuals 
enrolled in the program; 
    (3) may contract with other health care and social service 
practitioners to provide services to enrollees; and 
    (4) shall institute recipient grievance procedures 
according to the method established by the project, utilizing 
applicable requirements of chapter 62D.  Disputes not resolved 
through this process shall be appealable to the commissioner as 
provided in subdivision 11.  
    (b) Demonstration providers must comply with the standards 
for claims settlement under section 72A.201, subdivisions 4, 5, 
7, and 8, when contracting with other health care and social 
service practitioners to provide services to enrollees.  A 
demonstration provider must pay a clean claim, as defined in 
Code of Federal Regulations, title 42, 
section 447.45(d) 447.45(b), within 30 business days of the date 
of acceptance of the claim. 
    Sec. 30.  Minnesota Statutes 1989 Supplement, section 
256E.08, subdivision 5, is amended to read: 
    Subd. 5.  [COMMUNITY SOCIAL SERVICES FUND.] In the accounts 
and records of each county there shall be created a community 
social services fund.  All money provided for community social 
services programs under sections 256E.06 and 256E.07 and all 
other revenues; fees; grants-in-aid, including those from public 
assistance programs identified in section 256E.03, subdivision 
2, paragraph (b), that pay for services such as child care, 
waivered services under the medical assistance programs, 
alternative care grants, and other services funded by these 
programs through federal or state waivers; gifts; or bequests 
designated for community social services purposes shall be 
identified in the record of the fund and in the report required 
in subdivision 8.  This fund shall be used exclusively for 
planning and delivery of community social services as defined in 
section 256E.03, subdivision 2.  If county boards have joined 
for purposes of administering community social services, the 
county boards may create a joint community social services 
fund.  If a human service services board has been established, 
the human service services board shall account for community 
social services money as required in chapter 402.  
    Sec. 31.  Minnesota Statutes 1989 Supplement, section 
256H.08, is amended to read: 
    256H.08 [USE OF MONEY.] 
    Money for persons listed in sections 256H.03, subdivision 
2a, and 256H.05, subdivision 1b, shall be used to reduce the 
costs of child care for students, including the costs of child 
care for students while employed if enrolled in an eligible 
education program at the same time and making satisfactory 
progress towards completion of the program.  Counties may not 
limit the duration of child care subsidies for a person in an 
employment or educational program, except when the person is 
found to be ineligible under the child care fund eligibility 
standards.  Any limitation must be based on a person's 
employability plan in the case of an AFDC recipient, and county 
policies included in the child care allocation plan.  
Financially eligible students who have received child care 
assistance for one academic year shall be provided child care 
assistance in the following academic year if funds allocated 
under sections 256H.03 and 256H.05 are available.  If a student 
who is receiving AFDC child care assistance under this chapter 
moves to another county as specified in their employability 
plan, continues to be enrolled in a post-secondary institution, 
and continues to be eligible for AFDC child care assistance 
under this chapter, the student must receive continued child 
care assistance from their county of origin without interruption 
to the limit of the county's allocation. 
    Sec. 32.  Minnesota Statutes 1989 Supplement, section 
256H.22, subdivision 2, is amended to read: 
    Subd. 2.  [DISTRIBUTION OF FUNDS.] (a) The commissioner 
shall allocate grant money appropriated for child care service 
(development and resource and referral services) among the 
development regions designated by the governor under section 
462.385, as follows: 
    (1) 50 percent of the child care service development grant 
appropriation shall be allocated to the metropolitan area; and 
    (2) 50 percent of the child care service development grant 
appropriation shall be allocated to greater Minnesota counties. 
    (b) The following formulas shall be used to allocate grant 
appropriations among the counties:  
    (1) 50 percent of the funds shall be allocated in 
proportion to the ratio of children under 12 years of age in 
each county to the total number of children under 12 years of 
age in all counties; and 
    (2) 50 percent of the funds shall be allocated in 
proportion to the ratio of children under 12 years of age in 
each county to the number of licensed child care spaces 
currently available in each county. 
    (c) Out of the amount allocated for each development region 
and county, the commissioner shall award grants based on the 
recommendation of the grant review advisory task force.  In 
addition, the commissioner shall award no more than 75 percent 
of the money either to child care facilities for the purpose of 
facility improvement or interim financing or to child care 
workers for staff training expenses.  The commissioner shall 
award no more than 50 percent of the money for resource and 
referral services to maintain or improve an existing resource 
and referral program until all regions are served by resource 
and referral programs. 
    (d) Any funds unobligated may be used by the commissioner 
to award grants to proposals that received funding 
recommendations by the advisory task force but were not awarded 
due to insufficient funds.  
    Sec. 33.  Minnesota Statutes 1989 Supplement, section 
256H.22, subdivision 3, is amended to read: 
    Subd. 3.  [CHILD CARE REGIONAL ADVISORY COMMITTEES.] Child 
care regional advisory committees shall review and make 
recommendations to the commissioner on applications for service 
development grants under this section.  The commissioner shall 
appoint the child care regional advisory committees in each 
governor's economic development regions region.  People 
appointed under this subdivision must represent the following 
constituent groups:  family child care providers, group center 
providers, parent users, health services, social services, 
public schools, and other citizens with demonstrated interest in 
child care issues.  Members of the advisory task force with a 
direct financial interest in a pending grant proposal may not 
provide a recommendation or participate in the ranking of that 
grant proposal.  Committee members may be reimbursed for their 
actual travel expenses for up to six committee meetings per 
year.  The child care regional advisory committees shall 
complete their reviews and forward their recommendations to the 
commissioner by the date specified by the commissioner. 
    Sec. 34.  Minnesota Statutes 1988, section 257.41, is 
amended to read: 
    257.41 [FINANCIAL RESPONSIBILITY.] 
    Financial responsibility for any child placed pursuant to 
the provisions of the interstate compact on the placement of 
children shall be determined in accordance with the provisions 
of article 5 thereof in the first instance.  However, in the 
event of partial or complete default of performance thereunder, 
the provisions of sections 518.41 to 518.53 518C.01 to 518C.36 
also may be invoked. 
    Sec. 35.  Minnesota Statutes 1989 Supplement, section 
260.185, subdivision 1, is amended to read: 
    Subdivision 1.  If the court finds that the child is 
delinquent, it shall enter an order making any of the following 
dispositions of the case which are deemed necessary to the 
rehabilitation of the child: 
    (a) Counsel the child or the parents, guardian, or 
custodian; 
    (b) Place the child under the supervision of a probation 
officer or other suitable person in the child's own home under 
conditions prescribed by the court including reasonable rules 
for the child's conduct and the conduct of the child's parents, 
guardian, or custodian, designed for the physical, mental, and 
moral well-being and behavior of the child, or with the consent 
of the commissioner of corrections, in a group foster care 
facility which is under the management and supervision of said 
commissioner; 
    (c) Subject to the supervision of the court, transfer legal 
custody of the child to one of the following: 
    (1) a child placing agency; or 
    (2) the county welfare board; or 
    (3) a reputable individual of good moral character.  No 
person may receive custody of two or more unrelated children 
unless licensed as a residential facility pursuant to sections 
245.781 to 245.812; or 
     (4) a county home school, if the county maintains a home 
school or enters into an agreement with a county home school; or 
     (5) a county probation officer for placement in a group 
foster home established under the direction of the juvenile 
court and licensed pursuant to section 241.021; 
     (d) Transfer legal custody by commitment to the 
commissioner of corrections; 
     (e) If the child is found to have violated a state or local 
law or ordinance which has resulted in damage to the person or 
property of another, the court may order the child to make 
reasonable restitution for such damage; 
     (f) Require the child to pay a fine of up to $700; the 
court shall order payment of the fine in accordance with a time 
payment schedule which shall not impose an undue financial 
hardship on the child; 
     (g) If the child is in need of special treatment and care 
for reasons of physical or mental health, the court may order 
the child's parent, guardian, or custodian to provide it.  If 
the parent, guardian, or custodian fails to provide this 
treatment or care, the court may order it provided; 
     (h) If the court believes that it is in the best interests 
of the child and of public safety that the driver's license of 
the child be canceled until the child's 18th birthday, the court 
may recommend to the commissioner of public safety the 
cancellation of the child's license for any period up to the 
child's 18th birthday, and the commissioner is hereby authorized 
to cancel such license without a hearing.  At any time before 
the termination of the period of cancellation, the court may, 
for good cause, recommend to the commissioner of public safety 
that the child be authorized to apply for a new license, and the 
commissioner may so authorize. 
    If the child is petitioned and found by the court to have 
committed or attempted to commit an act in violation of section 
609.342, 609.343, 609.344, or 609.345, the court shall order an 
independent professional assessment of the child's need for sex 
offender treatment.  An assessor providing an assessment for the 
court may not have any direct or shared financial interest or 
referral relationship resulting in shared financial gain with a 
treatment provider.  If the assessment indicates that the child 
is in need of and amenable to sex offender treatment, the court 
shall include in its disposition order a requirement that the 
child undergo treatment. 
    Any order for a disposition authorized under this section 
shall contain written findings of fact to support the 
disposition ordered, and shall also set forth in writing the 
following information: 
    (a) why the best interests of the child are served by the 
disposition ordered; and 
    (b) what alternative dispositions were considered by the 
court and why such dispositions were not appropriate in the 
instant case. 
    Sec. 36.  Minnesota Statutes 1988, section 273.1315, is 
amended to read: 
    273.1315 [CERTIFICATION OF 1B PROPERTY.] 
    Any property owner seeking classification and assessment of 
the owner's homestead as class 1b property pursuant to section 
273.13, subdivision 22, paragraph (b), clause (2) or (3), shall 
file with the commissioner of revenue for each assessment year a 
1b homestead declaration, on a form prescribed by the 
commissioner.  The declaration shall contain the following 
information:  
    (a) the information necessary to verify that the property 
owner or the owner's spouse satisfies the requirements of 
section 273.13, subdivision 22, paragraph (b), clause (2) or 
(3), for 1b classification; 
    (b) the property owner's household income, as defined in 
section 290A.03, for the previous calendar year; and 
    (c) any additional information prescribed by the 
commissioner.  
    The declaration shall be filed on or before March 1 of each 
year to be effective for property taxes payable during the 
succeeding calendar year.  The declaration and any supplementary 
information received from the property owner pursuant to this 
section shall be subject to section 290A.17 chapter 270B.  
    The commissioner shall provide to the assessor on or before 
April 1 a listing of the parcels of property qualifying for 1b 
classification.  
    Sec. 37.  Minnesota Statutes Second 1989 Supplement, 
section 275.50, subdivision 5, is amended to read: 
    Subd. 5.  Notwithstanding any other law to the contrary for 
taxes levied in 1989 payable in 1990 and subsequent years, 
"special levies" means those portions of ad valorem taxes levied 
by governmental subdivisions to: 
    (a) for taxes levied in 1990, payable in 1991 and 
subsequent years, pay the costs not reimbursed by the state or 
federal government, of payments made to or on behalf of 
recipients of aid under any public assistance program authorized 
by law, and the costs of purchase or delivery of social 
services.  The aggregate amounts levied under this clause for 
the costs of purchase or delivery of social services and income 
maintenance programs, other than those identified in section 
273.1398, subdivision 1, paragraph (i), are subject to a maximum 
increase over the amount levied for the previous year of 12 
percent for counties within the metropolitan area as defined in 
section 473.121, subdivision 2, or counties outside the 
metropolitan area but containing a city of the first class, and 
15 percent for other counties.  For purposes of this clause, 
"income maintenance programs" include income maintenance 
programs in section 273.1398, subdivision 1, paragraph (i), to 
the extent the county provides benefits under those programs 
over the statutory mandated standards.  Effective with taxes 
levied in 1990, the portion of this special levy for human 
service programs identified in section 273.1398, subdivision 1, 
paragraph (i), is eliminated; 
     (b) pay the costs of principal and interest on bonded 
indebtedness except on bonded indebtedness issued under section 
471.981, subdivisions 4 to 4c, or to reimburse for the amount of 
liquor store revenues used to pay the principal and interest due 
in the year preceding the year for which the levy limit is 
calculated on municipal liquor store bonds; 
     (c) pay the costs of principal and interest on certificates 
of indebtedness, except tax anticipation or aid anticipation 
certificates of indebtedness, issued for any corporate purpose 
except current expenses or funding an insufficiency in receipts 
from taxes or other sources or funding extraordinary 
expenditures resulting from a public emergency; and to pay the 
cost for certificates of indebtedness issued pursuant to 
sections 298.28 and 298.282; 
     (d) fund the payments made to the Minnesota state armory 
building commission pursuant to section 193.145, subdivision 2, 
to retire the principal and interest on armory construction 
bonds; 
     (e) provide for the bonded indebtedness portion of payments 
made to another political subdivision of the state of Minnesota; 
     (f) pay the amounts required, in accordance with section 
275.075, to correct for a county auditor's error of omission but 
only to the extent that when added to the preceding year's levy 
it is not in excess of an applicable statutory, special law or 
charter limitation, or the limitation imposed on the 
governmental subdivision by sections 275.50 to 275.56 in the 
preceding levy year; 
     (g) pay amounts required to correct for an error of 
omission in the levy certified to the appropriate county auditor 
or auditors by the governing body of a city or town with 
statutory city powers in a levy year, but only to the extent 
that when added to the preceding year's levy it is not in excess 
of an applicable statutory, special law or charter limitation, 
or the limitation imposed on the governmental subdivision by 
sections 275.50 to 275.56 in the preceding levy year; 
     (h) pay amounts required by law to be paid to pay the 
interest on and to reduce the unfunded accrued liability of 
public pension funds in accordance with the actuarial standards 
and guidelines specified in sections 356.215 and 356.216 reduced 
by 106 percent of the amount levied for that purpose in 1976, 
payable in 1977.  For the purpose of this special levy, the 
estimated receipts expected from the state of Minnesota pursuant 
to sections 69.011 to 69.031 or any other state aid expressly 
intended for the support of public pension funds shall be 
considered as a deduction in determining the required levy for 
the normal costs of the public pension funds.  No amount of 
these aids shall be considered as a deduction in determining the 
governmental subdivision's required levy for the reduction of 
the unfunded accrued liability of public pension funds; 
     (i) to compensate the state for the cost of a reassessment 
ordered by the commissioner of revenue pursuant to section 
270.16; 
     (j) pay the debt service on tax increment financing revenue 
bonds to the extent that revenue to pay the bonds or to maintain 
reserves for the bonds is insufficient as a result of the 
provisions of Laws 1988, chapter 719, article 5; 
     (k) pay the cost of hospital care under section 261.21; 
     (l) pay the unreimbursed costs incurred in the previous 
year to satisfy judgments rendered against the governmental 
subdivision by a court of competent jurisdiction in any tort 
action, or to pay the costs of settlements out of court against 
the governmental subdivision in a tort action when substantiated 
by a stipulation for the dismissal of the action filed with the 
court of competent jurisdiction and signed by both the plaintiff 
and the legal representative of the governmental subdivision, 
provided that an appeal for the unreimbursed costs under this 
clause was approved by the commissioner of revenue under section 
275.51, subdivision 3; 
     (m) pay the expenses reasonably and necessarily incurred in 
preparing for or repairing the effects of natural disaster 
including the occurrence or threat of widespread or severe 
damage, injury, or loss of life or property resulting from 
natural causes such as earthquake, fire, flood, wind storm, wave 
action, oil spill, water contamination, air contamination, or 
drought in accordance with standards formulated by the emergency 
services division of the state department of public safety, 
provided that an appeal for the expenses incurred under this 
clause were approved by the commissioner of revenue under 
section 275.51, subdivision 3; 
     (n) pay a portion of the losses in tax receipts to a city 
due to tax abatements or court actions in the year preceding the 
current levy year, provided that an appeal for the tax losses 
was approved by the commissioner of revenue under section 
275.51, subdivision 3.  This special levy is limited to the 
amount of the losses times the ratio of the nonspecial levies to 
total levies for taxes payable in the year the abatements were 
granted.  County governments are not authorized to claim this 
special levy; 
     (o) pay the operating cost of regional library services 
authorized under section 134.34, subject to a maximum increase 
over the previous year of the greater of (1) 103 percent 
multiplied by one plus the percentage increase determined for 
the governmental subdivision under section 275.51, subdivision 
3h, clause (b), or (2) six percent.  If a governmental 
subdivision elected to include some or all of its levy for 
libraries within its adjusted levy limit base in the prior year, 
but elects to claim the levy as a special levy in the current 
levy year, the allowable increase is determined by applying the 
greater percentage determined under clause (1) or (2) to the 
total amount levied for libraries in the prior levy year.  After 
levy year 1989, the increase must not be determined using a base 
amount other than the amount that could have been levied as a 
special levy in the prior year.  In no event shall the special 
levy be less than the minimum levy required under sections 
134.33 and 134.34, subdivisions 1 and 2; 
     (p) pay the amount of the county building fund levy 
permitted under section 373.40, subdivision 6; 
     (q) pay the county's share of the costs levied in 1989, 
1990, and 1991 for the Minnesota cooperative soil survey under 
Minnesota Statutes 1988, section 40.07, subdivision 15; 
     (r) for taxes levied in 1989, payable in 1990 only, pay the 
cost incurred for the minimum share required by counties levying 
for the first time under section 134.34 as required under 
section 134.341.  For taxes levied in 1990, and thereafter, 
counties levying under this provision must levy under clause 
(o), and their allowable increase must be determined with 
reference to the amount levied in 1989 under this paragraph; 
     (s) for taxes levied in 1989, payable in 1990 only, provide 
an amount equal to 50 percent of the estimated amount of the 
reduction in aids to a county under sections 273.1398, 
subdivision 2, paragraph (d), and 477A.012, subdivision 3, for 
aids payable in 1990; 
     (t) for taxes levied in 1990 only by a county in the eighth 
judicial district, provide an amount equal to the amount of the 
levy, if any, that is required under Laws 1989, chapter 335, 
article 3, section 54, subdivision 8; 
    (u) for taxes levied in 1989, payable in 1990 only, pay the 
costs not reimbursed by the state or federal government: 
    (i) for the costs of purchase or delivery of social 
services.  The aggregate amounts levied under this item are 
subject to a maximum increase over the amount levied in the 
previous year of 12 percent for counties within the metropolitan 
area as defined in section 473.121, subdivision 2, or counties 
outside the metropolitan area but containing a city of the first 
class, and 15 percent for other counties. 
    (ii) for payments made to or on behalf of recipients of aid 
under any public assistance program authorized by law.  The 
aggregate amounts levied under this item are subject to a 
maximum increase over the amount levied in the previous year of 
12 percent and must be used only for the public assistance 
programs; and. 
    If the amount levied under this paragraph (u) in 1989 is 
less than the actual expenditures needed for these programs for 
1990, the difference between the actual expenditures and the 
amount levied may be levied in 1990 as a special levy.  If the 
amount levied in 1989 is greater than the actual expenditures 
needed for these programs for 1990, the difference between the 
amount levied and the actual expenditures shall be deducted from 
the 1990 levy limit, payable in 1991; and 
    (v) pay an amount of up to 25 percent of the money sought 
for distribution and approved under section 115A.557, 
subdivision 3, paragraph (b), clause (3). 
    If the amount levied in 1989 is less than the actual 
expenditures needed for these programs for 1990, the difference 
between the actual expenditures and the amount levied may be 
levied in 1990 as a special levy.  If the amount levied in 1989 
is greater than the actual expenditures needed for these 
programs for 1990, the difference between the amount levied and 
the actual expenditures shall be deducted from the 1990 levy 
limit, payable in 1991.  
    Sec. 38.  Minnesota Statutes 1988, section 333.135, is 
amended to read: 
    333.135 [IMPROPER USE OF INSIGNIA.] 
    Every person who shall willfully wear the insignia or 
rosette of the military order of the Loyal Legion of the United 
States, or the badge or button of the Grand Army of the 
Republic, the American Legion, the Veterans of Foreign Wars, the 
Disabled American Veterans of the World War, or of any other 
veterans' organization, or any similitude thereof; or who shall 
willfully wear any badge, emblem, or insignia pertaining to the 
order of Masons, Odd Fellows, Knights of Pythias, or any other 
secret order or society, or any similitude thereof; or who shall 
use any such badge, button, or insignia to obtain aid or 
assistance, or who shall use the name of any such order or 
society for gain, unless entitled to so use the same under the 
constitution, bylaws, rules, and regulations of such order, 
shall be guilty of a misdemeanor and shall be punished by 
imprisonment in the county jail for not more than 60 days or by 
a fine of not more than $50 or by both.  
    Sec. 39.  Minnesota Statutes 1989 Supplement, section 
336.2A-104, is amended to read: 
    336.2A-104 [LEASES SUBJECT TO OTHER STATUTES.] 
    (1) A lease, although subject to this article, is also 
subject to any applicable: 
    (a) statute of the United States; 
    (b) certificate of title statute of this state:  (list any 
certificate of title statutes covering automobiles, trailers, 
mobile homes, boats, farm tractors, and the like) chapters 168A 
and 361A; 
    (c) certificate of title statute of another jurisdiction 
(section 336.2A-105); or 
    (d) consumer protection statute of this state. 
    (2) In case of conflict between the provisions of this 
article, other than sections 336.2A-105, 336.2A-304(3), and 
336.2A-305(3), and any statute referred to in subsection (1), 
the provisions of that statute control. 
    (3) Failure to comply with any applicable statute has only 
the effect specified in the statute. 
    Sec. 40.  Minnesota Statutes 1988, section 336.9-105, is 
amended to read: 
    336.9-105 [DEFINITIONS AND INDEX OF DEFINITIONS.] 
    (1) In this article unless the context otherwise requires: 
    (a) "Account debtor" means the person who is obligated on 
an account, chattel paper or general intangible; 
    (b) "Chattel paper" means a writing or writings which 
evidence both a monetary obligation and a security interest in 
or a lease of specific goods, but a charter or other contract 
involving the use or hire of a vessel is not chattel paper.  
When a transaction is evidenced both by such a security 
agreement or a lease and by an instrument or a series of 
instruments, the group of writings taken together constitutes 
chattel paper; 
    (c) "Collateral" means the property subject to a security 
interest, and includes accounts and chattel paper which have 
been sold; 
    (d) "Debtor" means the person who owes payment or other 
performance of the obligation secured, whether or not the person 
owns or has rights in the collateral, and includes the seller of 
accounts or chattel paper.  Where the debtor and the owner of 
the collateral are not the same person, the term "debtor" means 
the owner of the collateral in any provision of the article 
dealing with the collateral, the obligor in any provision 
dealing with the obligation, and may include both where the 
context so requires; 
    (e) "Deposit account" means a demand, time, savings, 
passbook or like account maintained with a bank, savings and 
loan association, credit union or like organization, other than 
an account evidenced by a certificate of deposit; 
    (f) "Document" means document of title as defined in the 
general definitions of article 1 (section 336.1-201) and a 
receipt of the kind described in subsection (2) of section 
336.7-201; 
    (g) "Encumbrance" includes real estate mortgages and other 
liens on real estate and all other rights in real estate that 
are not ownership interests. 
    (h) "Goods" includes all things which are movable at the 
time the security interest attaches or which are fixtures 
(section 336.9-313), but does not include money, documents, 
instruments, accounts, chattel paper, general intangibles, or 
minerals or the like (including oil and gas) before extraction.  
"Goods" also include standing timber which is to be cut and 
removed under a conveyance or contract for sale, the unborn 
young of animals and growing crops; 
    (i) "Instrument" means a negotiable instrument (defined in 
section 336.3-104), or a certificated security (defined in 
section 336.8-102) or any other writing which evidences a right 
to the payment of money and is not itself a security agreement 
or lease and is of a type which is in ordinary course of 
business transferred by delivery with any necessary endorsement 
or assignment; 
    (j) "Mortgage" means a consensual interest created by a 
real estate mortgage, a trust deed on real estate, or the like; 
    (k) An advance is made "pursuant to commitment" if the 
secured party has made a binding promise to make it, whether or 
not a subsequent event of default or other event not within the 
secured party's control has relieved or may relieve the secured 
party from the obligation. 
    (l) "Security agreement" means an agreement which creates 
or provides for a security interest; 
    (m) "Secured party" means a lender, seller or other person 
in whose favor there is a security interest, including a person 
to whom accounts or chattel paper have been sold.  When the 
holders of obligations issued under an indenture of trust, 
equipment trust agreement or the like are represented by a 
trustee or other person, the representative is the secured 
party; 
    (n) "Transmitting utility" means any person engaged in the 
railroad, street railway or trolley bus business, the electric 
or electronics communications transmission business, the 
transmission of goods by pipeline, or the transmission or the 
production and transmission of electricity, steam, gas or water, 
or the provision of sewer service.  Any person filing a 
financing statement under this article and under authority of 
the provisions of Minnesota Statutes 1974, Sections 300.111 to 
300.115 shall be deemed a "transmitting utility" hereunder. 
    (2) Other definitions applying to this article and the 
sections in which they appear are: 
    "Account," section 336.9-106. 
    "Attach," section 336.9-203. 
    "Construction mortgage," section 336.9-313(1). 
    "Consumer goods," section 336.9-109(1). 
    "Equipment," section 336.9-109(2). 
    "Farm products," section 336.9-109(3). 
    "Fixture," section 336.9-313. 
    "Fixture filing," section 336.9-313. 
    "General intangibles," section 336.9-106. 
    "Inventory," section 336.9-109(4). 
    "Lien creditor," section 336.9-301(3). 
    "Motor vehicle," section 336.9-401(5) 336.9-401(7). 
    "Proceeds," section 336.9-306(1). 
    "Purchase money security interest," section 336.9-107. 
    "United States," section 336.9-103. 
    (3) The following definitions in other articles apply to 
this article: 
    "Check," section 336.3-104. 
    "Contract for sale," section 336.2-106. 
    "Holder in due course," section 336.3-302. 
    "Note," section 336.3-104. 
    "Sale," section 336.2-106. 
    (4) In addition article 1 contains general definitions and 
principles of construction and interpretation applicable 
throughout this article. 
    Sec. 41.  Minnesota Statutes 1989 Supplement, section 
352.01, subdivision 2b, is amended to read: 
    Subd. 2b.  [EXCLUDED EMPLOYEES.] "State employee" does not 
include: 
    (1) elective state officers; 
    (2) students employed by the University of Minnesota, the 
state universities, and community colleges unless approved for 
coverage by the board of regents, the state university board, or 
the state board for community colleges, as the case may be; 
    (3) employees who are eligible for membership in the state 
teachers retirement association except employees of the 
department of education who have chosen or may choose to be 
covered by the Minnesota state retirement system instead of the 
teachers retirement association; 
    (4) employees of the University of Minnesota who are 
excluded from coverage by action of the board of regents; 
    (5) officers and enlisted personnel in the national guard 
and the naval militia who are assigned to permanent peacetime 
duty and who under federal law are or are required to be members 
of a federal retirement system; 
    (6) election officers; 
    (7) persons engaged in public work for the state but 
employed by contractors when the performance of the contract is 
authorized by the legislature or other competent authority; 
    (8) officers and employees of the senate and house of 
representatives or a legislative committee or commission who are 
temporarily employed; 
    (9) receivers, jurors, notaries public, and court employees 
who are not in the judicial branch as defined in section 43A.02, 
subdivision 25, except referees and adjusters employed by the 
department of labor and industry; 
    (10) patient and inmate help in state charitable, penal, 
and correctional institutions including the Minnesota veterans 
home; 
    (11) persons employed for professional services where the 
service is incidental to regular professional duties and whose 
compensation is paid on a per diem basis; 
    (12) employees of the Sibley House Association; 
    (13) employees of the Grand Army of the Republic and 
employees of the ladies of the G.A.R.; 
    (14) the members of any state board or commission who serve 
the state intermittently and are paid on a per diem basis; the 
secretary, secretary-treasurer, and treasurer of those boards if 
their compensation is $500 or less per year, or, if they are 
legally prohibited from serving more than two consecutive terms 
and their total service is required by law to be less than ten 
years; and the board of managers of the state agricultural 
society and its treasurer unless the treasurer is also its 
full-time secretary; 
    (15) state troopers; 
     (16) temporary employees of the Minnesota state fair 
employed on or after July 1 for a period not to extend beyond 
October 15 of that year; and persons employed at any time by the 
state fair administration for special events held on the 
fairgrounds; 
     (17) emergency employees in the classified service; except 
that if an emergency employee, within the same pay period, 
becomes a provisional or probationary employee on other than a 
temporary basis, the employee shall be considered a "state 
employee" retroactively to the beginning of the pay period; 
     (18) persons described in section 352B.01, subdivision 2, 
clauses (b) and (c), formerly defined as state police officers; 
     (19) temporary employees in the classified service, 
temporary employees in the unclassified service appointed for a 
definite period of not more than six months and employed less 
than six months in any one-year period and seasonal help in the 
classified service employed by the department of revenue; 
     (20) trainees paid under budget classification number 41, 
and other trainee employees, except those listed in subdivision 
2a, clause (10); 
     (21) persons whose compensation is paid on a fee basis; 
     (22) state employees who in any year have credit for 12 
months service as teachers in the public schools of the state 
and as teachers are members of the teachers retirement 
association or a retirement system in St. Paul, Minneapolis, or 
Duluth; 
     (23) employees of the adjutant general employed on an 
unlimited intermittent or temporary basis in the classified and 
unclassified service for the support of army and air national 
guard training facilities; 
     (24) chaplains and nuns who have taken a vow of poverty as 
members of a religious order; 
     (25) labor service employees employed as a laborer 1 on an 
hourly basis; 
     (26) examination monitors employed by departments, 
agencies, commissions, and boards to conduct examinations 
required by law; 
     (27) members of appeal tribunals, exclusive of the chair, 
to which reference is made in section 268.10, subdivision 4; 
     (28) persons appointed to serve as members of fact-finding 
commissions or adjustment panels, arbitrators, or labor referees 
under chapter 179; 
     (29) temporary employees employed for limited periods under 
any state or federal program for training or rehabilitation 
including persons employed for limited periods from areas of 
economic distress except skilled and supervisory personnel and 
persons having civil service status covered by the system; 
     (30) full-time students employed by the Minnesota 
historical society intermittently during part of the year and 
full-time during the summer months; 
     (31) temporary employees, appointed for not more than six 
months, of the metropolitan council and of any of its statutory 
boards, if the board members are appointed by the metropolitan 
council; 
     (32) persons employed in positions designated by the 
department of employee relations as student workers; 
     (33) any person who is 65 years of age or older when 
appointed and who does not have allowable service credit for 
previous employment, unless the employee gives notice to the 
director within 60 days after appointment that coverage is 
desired; 
     (34) members of trades employed by the metropolitan waste 
control commission with trade union pension plan coverage under 
a collective bargaining agreement first employed after June 1, 
1977; 
    (35) persons employed in subsidized on-the-job training, 
work experience, or public service employment as enrollees under 
the federal Comprehensive Employment and Training Act after 
March 30, 1978, unless the person has as of the later of March 
30, 1978, or the date of employment sufficient service credit in 
the retirement system to meet the minimum vesting requirements 
for a deferred annuity, or the employer agrees in writing on 
forms prescribed by the director to make the required employer 
contributions, including any employer additional contributions, 
on account of that person from revenue sources other than funds 
provided under the federal Comprehensive Employment and Training 
Act, or the person agrees in writing on forms prescribed by the 
director to make the required employer contribution in addition 
to the required employee contribution; 
    (36) off-duty peace officers while employed by the 
metropolitan transit commission under section 629.40, 
subdivision 5; and 
    (37) persons who are employed as full-time firefighters by 
the department of military affairs and as firefighters are 
members of the public employees police and fire fund. 
    Sec. 42.  Minnesota Statutes 1989 Supplement, section 
352.72, subdivision 1, is amended to read: 
    Subdivision 1.  [ENTITLEMENT TO ANNUITY.] (a) Any person 
who has been an employee covered by a retirement system listed 
in paragraph (b) is entitled when qualified to an annuity from 
each fund if total allowable service in all funds or in any two 
of these funds totals three or more years.  
    (b) This section applies to the Minnesota state retirement 
system, the public employees retirement association including 
the public employees retirement association police and 
firefighters fire fund, the teachers retirement association, the 
state patrol retirement association, or any other public 
employee retirement system in the state with a similar 
provision, except as noted in paragraph (c).  
    (c) This section does not apply to other funds providing 
benefits for police officers or firefighters.  
    (d) No portion of the allowable service upon which the 
retirement annuity from one fund is based shall be again used in 
the computation for benefits from another fund.  No refund may 
have been taken from any one of these funds since service 
entitling the employee to coverage under the system or the 
employee's membership in any of the associations last 
terminated.  The annuity from each fund must be determined by 
the appropriate provisions of the law except that the 
requirement that a person must have at least three years 
allowable service in the respective system or association does 
not apply for the purposes of this section if the combined 
service in two or more of these funds equals three or more years.
    Sec. 43.  Minnesota Statutes 1989 Supplement, section 
352B.30, subdivision 1, is amended to read: 
    Subdivision 1.  [ENTITLEMENT TO ANNUITY.] Any person who 
has been an employee covered by the Minnesota state retirement 
system, or a member of the public employees retirement 
association including the public employees retirement 
association police and firefighters' fire fund, or the teachers 
retirement association, or the state patrol retirement fund, or 
any other public employee retirement system in Minnesota having 
a like provision but excluding all other funds providing 
benefits for police or firefighters is entitled when qualified 
to an annuity from each fund if total allowable service in all 
funds or in any two of these funds totals three or more years.  
No part of the allowable service upon which the retirement 
annuity from one fund is based may again be used in the 
computation for benefits from another fund.  The member must not 
have taken a refund from any one of these funds since service 
entitling the member to coverage under the system or membership 
in any of the associations last terminated.  The annuity from 
each fund must be determined by the appropriate law except that 
the requirement that a person must have at least three years 
allowable service in the respective system or association does 
not apply for the purposes of this section if the combined 
service in two or more of these funds equals three or more years.
    Sec. 44.  Minnesota Statutes 1988, section 354.66, 
subdivision 7, is amended to read: 
    Subd. 7.  Only teachers who are public employees as defined 
in section 179A.03, subdivision 5 14, during the school year 
preceding the period of part time employment pursuant to this 
section shall qualify for full accrual of service credit from, 
and employee contributions to the retirement fund for part time 
teaching service pursuant to subdivision 4.  Notwithstanding the 
provisions of section 179A.03, subdivision 5 14, clauses (e) and 
(f), teachers who are employed on a part time basis for purposes 
of this section and who would therefore be disqualified from the 
bargaining unit by one or both of those provisions, shall 
continue to be in the bargaining unit during the period of part 
time employment pursuant to this section for purposes of 
compensation, fringe benefits and the grievance procedure. 
    Sec. 45.  Minnesota Statutes 1988, section 412.701, is 
amended to read: 
    412.701 [BUDGETING.] 
    The manager shall prepare the estimates for the annual 
budget.  The budget shall be by funds and shall include all the 
funds of the city, except the funds made up of proceeds of bond 
issues, utility funds, and special assessment funds, and may 
include any of such funds at the discretion of the council.  The 
estimates of expenditures for each fund budgeted shall be 
arranged for each department or division of the city under the 
following heads: 
    (1) ordinary expenses (for operation, maintenance, and 
repairs); (2) payment of principal and interest on bonds and 
other fixed charges; (3) capital outlays (for new construction, 
new equipment, and all improvements of a lasting character).  
Ordinary expenses shall be subdivided into:  (a) salaries and 
wages, with a list of all salaried offices and positions, 
including the salary allowance and the number of persons holding 
each; (b) other expenses, with sufficient detail to be readily 
understood.  All increases and decreases shall be clearly shown. 
In parallel columns shall be added the amounts granted and the 
amounts expended under similar heads for the past two completed 
fiscal years and the current fiscal year, actual to date and 
estimated for the balance of the year.  In addition to the 
estimates of expenditures, the budget shall include for each 
budgeted fund a statement of the revenues which have accrued for 
the past two completed fiscal years with the amount collected 
and the uncollected balances together with the same information, 
based in so far as necessary on estimates, for the current 
fiscal year, and an estimate of the revenues for the ensuing 
fiscal year.  The statement of revenues for each year shall 
specify the following items:  sums derived from (a) taxation, 
(b) fees, (c) fines, (d) interest, (e) miscellaneous, not 
included in the foregoing, (f) sales and rentals, (g) earnings 
of public utilities and other public service enterprises, (h) 
special assessments, and (i) sales of bonds and other 
obligations.  Such estimates shall be printed or typewritten and 
there shall be sufficient copies for each member of the council, 
for the manager, for the clerk, and three, at least, to be 
posted in public places in the city.  The estimates shall be 
submitted to the council at its first regular monthly meeting in 
September and shall be made public.  The manager may submit with 
the estimates such explanatory statement or statements as the 
manager may deem necessary, and during the first three years of 
operation under Optional Plan B the manager shall be authorized 
to interpret the requirements of this section as requiring only 
such comparisons of the city's finances with those of the 
previous government of the city as may be feasible and pertinent.
    Sec. 46.  Minnesota Statutes 1988, section 412.711, is 
amended to read: 
    412.711 [CONSIDERATION OF BUDGET; TAX LEVY.] 
    The budget shall be the principal item of business at the 
first a regular monthly meeting of the council in September and 
the council shall hold adjourned meetings from time to time 
until all the estimates have been considered.  The meetings 
shall be so conducted as to give interested citizens a 
reasonable opportunity to be heard.  The budget estimates shall 
be read in full and the manager shall explain the various items 
thereof as fully as may be deemed necessary by the council.  The 
annual budget finally agreed upon shall set forth in detail the 
complete financial plan of the city for the ensuing fiscal year 
for the funds budgeted and shall be signed by the majority of 
the council when adopted.  It shall indicate the sums to be 
raised and from what sources and the sums to be spent and for 
what purposes according to the plan indicated in section 
412.701.  The total sum appropriated shall be less than the 
total estimated revenue by a safe margin.  The council shall 
adopt the budget not later than the first day of October by a 
resolution which shall set forth the total for each budgeted 
fund and each department with such segregation as to objects and 
purposes of expenditures as the council deems necessary for 
purposes of budget control.  The council shall also adopt a 
resolution levying whatever taxes it considers necessary within 
statutory limits for the ensuing year for each fund.  The tax 
levy resolution shall be certified to the county auditor in 
accordance with law not later than October 10.  At the beginning 
of the fiscal year, the sums fixed in the budget resolution 
shall be and become appropriated for the several purposes named 
in the budget resolution and no other.  
    Sec. 47.  Minnesota Statutes 1989 Supplement, section 
422A.05, subdivision 2a, is amended to read: 
    Subd. 2a.  [FIDUCIARY DUTY.] In the discharge of their 
respective duties, the members of the board, the executive 
director, the board staff, and any other person charged with the 
responsibility of investing money pursuant to the standards set 
forth in this chapter shall act in good faith and shall exercise 
that degree of judgment and care, under circumstances then 
prevailing, which persons of prudence, discretion, and 
intelligence exercise in the management of their own affairs, 
not for speculation, but for investment, considering the 
probable safety of their capital as well as the probable income 
to be derived therefrom.  In addition, the members of the board 
and the chief administrative officer shall act in a manner 
consistent with Laws 1989, chapter 319, article 1 chapter 356A.  
    Sec. 48.  Minnesota Statutes 1988, section 459.07, is 
amended to read: 
    459.07 [CITIES MAY ESTABLISH MUNICIPAL FOREST.] 
    Any city of the first class operating under the 
Constitution of the state of Minnesota, article IV, section 36, 
by resolution of the governing body thereof, may purchase or 
obtain by condemnation proceedings, any tract or tracts of land 
bordering any lake, for a municipal forest and manage the same 
on forestry principles and may reserve any part of such land for 
use as a public bathing beach.  The selection of such lands and 
the plans of management thereof, shall have the approval of the 
director of lands and forestry.  
    Sec. 49.  Minnesota Statutes 1989 Supplement, section 
469.129, subdivision 1, is amended to read: 
    Subdivision 1.  [GENERAL OBLIGATION BONDS.] The governing 
body may authorize, issue, and sell general obligation bonds to 
finance the acquisition and betterment of real and personal 
property needed to carry out the development program within the 
development district together with all relocation costs 
incidental thereto.  The bonds shall mature within 30 years from 
the date of issue and shall be issued in accordance with 
sections 475.51, 475.53, 475.54, 475.55, 475.56, 475.60, 475.61, 
475.62, 475.63, 475.65, 475.66, 475.69, 475.70, and 475.71.  All 
tax increments received by the city pursuant to Minnesota 
Statutes 1978, section 472A.08, shall be pledged for the payment 
of these bonds and used to reduce or cancel the taxes otherwise 
required to be extended for that purpose.  The bonds shall not 
be included when computing the city's net debt.  Bonds shall not 
be issued under this paragraph subsequent to August 1, 1979. 
    Sec. 50.  Minnesota Statutes 1988, section 469.155, 
subdivision 12, is amended to read: 
    Subd. 12.  [REFUNDING.] It may issue revenue bonds to 
refund, in whole or in part, bonds previously issued by the 
municipality or redevelopment agency under authority of sections 
469.152 to 469.165, and interest on them.  The municipality may 
issue revenue bonds to refund, in whole or in part, bonds 
previously issued by any other municipality or redevelopment 
agency on behalf of an organization described in section 
501(c)(3) of the Internal Revenue Code of 1986, as amended 
through December 31, 1986, under authority of sections 474.01 to 
474.13 469.152 to 469.155, and interest on them, but only with 
the consent of the original issuer of such bonds.  The 
municipality may issue and sell warrants which give to their 
holders the right to purchase refunding bonds issuable under 
this subdivision prior to a stipulated date.  The warrants are 
not required to be sold at public sale and all or any agreed 
portion of the proceeds of the warrants may be paid to the 
contracting party under the revenue agreement required by 
subdivision 5 or to its designee under the conditions the 
municipality shall agree upon.  Warrants shall not be issued 
which obligate a municipality to issue refunding bonds that are 
or will be subject to federal tax law as defined in section 
474A.02, subdivision 8.  The warrants may provide a stipulated 
exercise price or a price that depends on the tax exempt status 
of interest on the refunding bonds at the time of issuance.  The 
average interest rate on refunding bonds issued to refund fixed 
rate bonds shall not exceed the average interest rate on fixed 
rate bonds to be refunded.  The municipality may appoint a bank 
or trust company to serve as agent for the warrant holders and 
enter into agreements deemed necessary or incidental to the 
issuance of the warrants.  
    Sec. 51.  Minnesota Statutes 1988, section 481.12, is 
amended to read: 
    481.12 [DISABILITY; SUBSTITUTION.] 
    When the sole attorney of a party to any action or 
proceeding in any court of record dies, becomes insane, or is 
removed or suspended, the party for whom the attorney appears 
shall appoint another attorney within ten days after the 
disability arises, and give immediate written notice of the 
substitution to the adverse party.  If the party fail fails to 
make substitution within such time, the adverse party, at least 
20 days before taking further proceedings against the party, 
shall give the party written notice to appoint another attorney. 
When, for any reason, the attorney for a party ceases to act, 
and the party has no known residence within the state, such 
notice may be served upon the court administrator.  In case such 
party fails either to comply with the notice or appear in person 
within 30 days, the party shall not be entitled to notice of 
subsequent proceedings in the case.  
    Sec. 52.  Minnesota Statutes 1989 Supplement, section 
501B.61, subdivision 1, is amended to read: 
    Subdivision 1.  [INCOME DEFINED.] "Income" means the return 
in money or property derived from the use of principal, 
including return received as: 
    (1) rent of real or personal property, including sums 
received for cancellation or renewal of a lease; 
    (2) interest on money lent, including sums received as 
consideration for the privilege of prepayment of principal, 
except as provided in section 501B.65 on bond premium and bond 
discount; 
    (3) income earned during administration of a decedent's 
estate as provided in section 501B.63; 
    (4) corporate distributions as provided in this section 
501B.64; 
    (5) accrued increment on bonds or other obligations issued 
at discount as provided in section 501B.65; 
    (6) receipts from business and farming operations as 
provided in section 501B.66; 
    (7) receipts from disposition of natural resources as 
provided in sections 501B.67 and 501B.68; 
    (8) receipts from other principal subject to depletion as 
provided in section 501B.69; and 
    (9) receipts from disposition of underproductive property 
as provided in section 501B.70. 
    Sec. 53.  Minnesota Statutes 1989 Supplement, section 
563.01, subdivision 3, is amended to read: 
    Subd. 3.  Any court of the state of Minnesota or any 
political subdivision thereof may authorize the commencement or 
defense of any civil action, or appeal therein, without 
prepayment of fees, costs and security for costs by a natural 
person who makes affidavit stating (a) the nature of the action, 
defense or appeal, (b) a belief that affiant is entitled to 
redress, and (c) that affiant is financially unable to pay the 
fees, costs and security for costs.  Upon a finding by the court 
that the action is not of a frivolous nature, the court shall 
allow the person to proceed in forma pauperis if the affidavit 
is substantially in the language required by this subdivision 
and is not found by the court to be untrue.  Persons meeting the 
requirements of this subdivision include, but are not limited 
to, a person who is receiving public assistance, who is 
represented by an attorney on behalf of a civil legal services 
program or a volunteer attorney program based on indigency, or 
who has an annual income not greater than 125 percent of the 
poverty line established under United States Code, title 42, 
section 9909(2) 9902(2). 
    Sec. 54.  Minnesota Statutes 1989 Supplement, section 
609.605, subdivision 3, is amended to read: 
    Subd. 3.  [TRESPASSES MOTIVATED BY BIAS.] Whoever commits 
an act described in subdivision 1, clause (13) (7), because of 
the property owner's or another's actual or perceived race, 
color, religion, sex, sexual orientation, disability as defined 
in section 363.01, age, or national origin may be sentenced to 
imprisonment for not more than one year or to payment of a fine 
of not more than $3,000, or both. 
    Sec. 55.  Minnesota Statutes 1988, section 626.556, 
subdivision 10c, is amended to read: 
    Subd. 10c.  [DUTIES OF THE LOCAL SOCIAL SERVICE AGENCY UPON 
RECEIPT OF A REPORT OF MEDICAL NEGLECT.] If the report alleges 
medical neglect as defined in section 260.015, subdivision 10, 
clause (e) 2a, clause (5), the local welfare agency shall, in 
addition to its other duties under this section, immediately 
consult with designated hospital staff and with the parents of 
the infant to verify that appropriate nutrition, hydration, and 
medication are being provided; and shall immediately secure an 
independent medical review of the infant's medical charts and 
records and, if necessary, seek a court order for an independent 
medical examination of the infant.  If the review or examination 
leads to a conclusion of medical neglect, the agency shall 
intervene on behalf of the infant by initiating legal 
proceedings under section 260.131 and by filing an expedited 
motion to prevent the withholding of medically indicated 
treatment. 
    Sec. 56.  Laws 1989, chapter 332, section 3, subdivision 3, 
is amended to read: 
    Subd. 3.  [LACK OF FEDERAL FUNDING.] If the funds to be 
provided by the federal government are not approved by December 
1, 1989, the future authorization of the siting of a veterans 
nursing care facility in Luverne must be considered in the study 
provided by section 3 2.  If the need for a veterans home is 
found to exist in southwest Minnesota, the site of the home must 
be in Luverne. 

                               ARTICLE 2 

                          OBSOLETE REFERENCES 
    Section 1.  [REVISOR 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
14.115, subd. 7            16.085             16B.22
84.92, subd. 1             84.9291            84.929
116.07, subd. 4            17.716             18C.215
116O.06, subd. 1           116O.011           116O.11
124.19, subd. 5            129B.47            129B.46
144.761, subd. 5           144.8092           144.8091
144A.46, subd. 3           14.70              14.69
145A.07, subd. 1           144.388            144.387
168.041, subd. 4a          14.70              14.69
168A.05, subd. 5           325F.6442          325F.6642
256.736, subd. 11          268.91             256H.01 to
                                              256H.19
256D.01, subd. 1b          256I.07            256I.06
256D.35, subd. 14          256I.07            256I.06
256D.36, subd. 1a          256I.07            256I.06
257.071, subd. 7           257.357            257.3579
257.354, subd. 4           257.357            257.3579
268.04, subd. 25           268.24             268.231
275.125, subd. 8e          122.96             122.95
349.214, subd. 2           349.171            349.18
366.09                     366.06             366.01, subd. 4
                                              and 366.07
501B.61, subd. 2           501.69             501B.69
609.4975, subds. 1         sections 626A.01   chapter 626A
and 2                      to 626A.23
626A.04                    sections 626A.01   chapter 626A
                           to 626A.23
626A.06, subd. 4a          sections 626A.01   chapter 626A 
                           to 626A.23
626A.065                   sections 626A.01   chapter 626A
                           to 626A.23
626A.11, subds. 1          sections 626A.01   chapter 626A
and 4                      to 626A.23
626A.12, subd. 1           sections 626A.01   chapter 626A
                           to 626A.23
    Sec. 2.  Minnesota Statutes 1989 Supplement, section 
62A.045, is amended to read: 
    62A.045 [PAYMENTS ON BEHALF OF WELFARE RECIPIENTS.] 
    No policy of accident and sickness insurance regulated 
under this chapter; vendor of risk management services regulated 
under section 60A.23; nonprofit health service plan corporation 
regulated under chapter 62C; health maintenance organization 
regulated under chapter 62D; or self-insured plan regulated 
under chapter 62E shall contain any provision denying or 
reducing benefits because services are rendered to a person who 
is eligible for or receiving medical benefits pursuant to 
chapter 256B or 256D or services pursuant to section 252.27; 
256.936; 260.251, subdivision 1a; 261.27; or 393.07, subdivision 
1 or 2. 
    Notwithstanding any law to the contrary, when a person 
covered under a policy of accident and sickness insurance, risk 
management plan, nonprofit health service plan, health 
maintenance organization, or self-insured plan receives medical 
benefits according to any statute listed in this section, 
payment for covered services or notice of denial for services 
billed by the provider must be issued directly to the provider.  
If a person was receiving medical benefits through the 
department of human services at the time a service was provided, 
the provider must indicate this benefit coverage on any claim 
forms submitted by the provider to the insurer for those 
services.  If the commissioner of human services notifies the 
insurer that the commissioner has made payments to the provider, 
payment for benefits or notices of denials issued by the insurer 
must be issued directly to the commissioner.  Submission by the 
department to the insurer of the claim on a department of human 
services claim form is proper notice and shall be considered 
proof of payment of the claim to the provider and supersedes any 
contract requirements of the insurer relating to the form of 
submission.  Liability to the insured for coverage is satisfied 
to the extent that payments for those benefits are made by the 
insurer to the provider or the commissioner. 
    Sec. 3.  Minnesota Statutes 1988, section 62C.141, is 
amended to read: 
    62C.141 [PAYMENTS TO WELFARE RECIPIENTS.] 
    No service plan corporation shall deliver, issue for 
delivery, or renew any subscriber's contract which contains any 
provision denying or reducing benefits because services are 
rendered to a subscriber or dependent who is eligible for or 
receiving medical assistance pursuant to chapter 256B or 
services pursuant to sections 252.27; 260.251, subdivision 1a; 
261.27; or 393.07, subdivision 1 or 2. 
    Sec. 4.  Minnesota Statutes Second 1989 Supplement, section 
121.904, subdivision 4a, is amended to read: 
    Subd. 4a.  [LEVY RECOGNITION.] (a) "School district tax 
settlement revenue" means the current, delinquent, and 
manufactured home property tax receipts collected by the county 
and distributed to the school district, including distributions 
made pursuant to section 279.37, subdivision 7, and excluding 
the amount levied pursuant to sections 124.2721, subdivision 3; 
124.575, subdivision 3; and 275.125, subdivision 9a; and Laws 
1976, chapter 20, section 4.  
    (b) In June of each year, the school district shall 
recognize as revenue, in the fund for which the levy was made, 
the lesser of:  
    (1) the June and July school district tax settlement 
revenue received in that calendar year; or 
    (2) the sum of the state aids and credits enumerated in 
section 124.155, subdivision 2, which are for the fiscal year 
payable in that fiscal year plus 31.0 percent of the amount of 
the levy certified in the prior calendar year according to 
section 124A.03, subdivision 2, plus or minus auditor's 
adjustments, not including levy portions that are assumed by the 
state; or 
    (3) 31.0 percent of the amount of the levy certified in the 
prior calendar year, plus or minus auditor's adjustments, not 
including levy portions that are assumed by the state, which 
remains after subtracting, by fund, the amounts levied for the 
following purposes:  
     (i) reducing or eliminating projected deficits in the 
reserved fund balance accounts for unemployment insurance and 
bus purchases; 
    (ii) statutory operating debt pursuant to section 275.125, 
subdivision 9a, and Laws 1976, chapter 20, section 4; and 
    (iii) retirement and severance pay pursuant to sections 
124.4945 and 275.125, subdivision 6a, and Laws 1975, chapter 
261, section 4; and 
    (iv) amounts levied for bonds issued and interest thereon, 
amounts levied for debt service loans and capital loans, amounts 
levied for down payments under section 124.82, subdivision 3, 
amounts levied for education district bonds under section 
122.96, subdivision 5, and amounts levied pursuant to section 
275.125, subdivision 14a. 
    (c) In July of each year, the school district shall 
recognize as revenue that portion of the school district tax 
settlement revenue received in that calendar year and not 
recognized as revenue for the previous fiscal year pursuant to 
clause (b).  
    (d) All other school district tax settlement revenue shall 
be recognized as revenue in the fiscal year of the settlement. 
Portions of the school district levy assumed by the state, 
including prior year adjustments and the amount to fund the 
school portion of the reimbursement made pursuant to section 
273.425, shall be recognized as revenue in the fiscal year 
beginning in the calendar year for which the levy is payable. 
    Sec. 5.  Minnesota Statutes 1989 Supplement, section 
236.02, subdivision 7, is amended to read: 
    Subd. 7.  [SINGLE BOND.] A person who is granted a grain 
bank license at more than one location may, with the 
department's approval, file one bond covering all locations in a 
total amount the department requires under sections 236.01 to 
236.09 and rules made under sections 236.01 to 236.09.  A 
person, firm, or corporation licensed as a public local grain 
warehouse operator and bonded under section 232.13 232.22 may 
include liability for outstanding nonnegotiable grain bank 
receipts under the coverage of that bond in lieu of securing a 
separate grain bank bond under this section. 
    Sec. 6.  Minnesota Statutes 1989 Supplement, section 
245.462, subdivision 4, is amended to read: 
    Subd. 4.  [CASE MANAGER.] "Case manager" means an 
individual employed by the county or other entity authorized by 
the county board to provide case management services specified 
in sections 245.471 and 245.475 section 245.4711.  A case 
manager must have a bachelor's degree in one of the behavioral 
sciences or related fields from an accredited college or 
university and have at least 2,000 hours of supervised 
experience in the delivery of services to adults with mental 
illness, must be skilled in the process of identifying and 
assessing a wide range of client needs, and must be 
knowledgeable about local community resources and how to use 
those resources for the benefit of the client.  The case manager 
shall meet in person with a mental health professional at least 
once each month to obtain clinical supervision of the case 
manager's activities.  Case managers with a bachelor's degree 
but without 2,000 hours of supervised experience in the delivery 
of services to adults with mental illness must complete 40 hours 
of training approved by the commissioner of human services in 
case management skills and in the characteristics and needs of 
adults with serious and persistent mental illness and must 
receive clinical supervision regarding individual service 
delivery from a mental health professional at least once each 
week until the requirement of 2,000 hours of supervised 
experience is met.  Clinical supervision must be documented in 
the client record. 
    Until June 30, 1991, a refugee who does not have the 
qualifications specified in this subdivision may provide case 
management services to adult refugees with serious and 
persistent mental illness who are members of the same ethnic 
group as the case manager if the person:  (1) is actively 
pursuing credits toward the completion of a bachelor's degree in 
one of the behavioral sciences or a related field from an 
accredited college or university; (2) completes 40 hours of 
training as specified in this subdivision; and (3) receives 
clinical supervision at least once a week until the requirements 
of obtaining a bachelor's degree and 2,000 hours of supervised 
experience are met. 
    Sec. 7.  Minnesota Statutes 1989 Supplement, section 
270B.12, subdivision 7, is amended to read: 
    Subd. 7.  [LOTTERY DIVISION.] (a) The commissioner of 
revenue may disclose to the lottery the amount of delinquent 
state taxes, or debt as defined in section 270.03 270A.03, 
subdivision 5, of a winner of a lottery prize of $1,000 or more, 
to the extent necessary to administer section 349A.08, 
subdivision 8. 
    (b) The commissioner of revenue may disclose to the lottery 
division that a retailer owes $500 or more in delinquent taxes 
as defined in section 270.72, to the extent necessary to 
administer section 349A.06, subdivision 2.  
    Sec. 8.  Minnesota Statutes 1989 Supplement, section 
273.119, subdivision 1, is amended to read: 
    Subdivision 1.  [ELIGIBILITY; AMOUNT OF CREDIT.] Land 
located in an agricultural preserve created under chapter 40A is 
eligible for a property tax credit of $1.50 per acre.  To begin 
to qualify for the tax credit, the owner shall file with the 
county by January 2 of any year an application for an 
agricultural preserve restrictive covenant pursuant to section 
40A.10, subdivision 1.  An owner who has given notice of 
termination of the exclusive agricultural use zone under section 
40A.11, subdivision 2, is not eligible for the credit.  The 
assessor shall indicate the amount of the property tax reduction 
on the property tax statement of each taxpayer receiving a 
credit under this section.  The credit paid pursuant to this 
section shall be deducted from the tax due on the property 
before computation of the homestead credit paid pursuant to 
section 273.13 and the state agricultural credit paid pursuant 
to as provided in section 124.2137 273.1393. 
     Sec. 9.  Minnesota Statutes 1989 Supplement, section 
273.124, subdivision 13, is amended to read: 
    Subd. 13.  [SOCIAL SECURITY NUMBER REQUIRED FOR HOMESTEAD 
APPLICATION.] Every property owner applying for homestead 
classification must furnish to the county assessor that owner's 
social security number.  If the social security number is not 
provided, the county assessor shall classify the property as 
nonhomestead.  The social security numbers of the property 
owners are private data on individuals as defined by section 
13.02, subdivision 12, but, notwithstanding that section, the 
private data may be disclosed to the commissioner of revenue. 
    At the request of the commissioner, each county must give 
the commissioner a list that includes the name and social 
security number of each property owner applying for homestead 
classification.  
    If, in comparing the lists supplied by the counties, the 
commissioner finds that a property owner is claiming more than 
one homestead, the commissioner shall notify the appropriate 
counties.  Within 90 days of the notification, the county 
assessor shall investigate to determine if the homestead 
classification was properly claimed.  If the property owner does 
not qualify, the county assessor shall notify the county auditor 
who will determine the amount of homestead benefits that had 
been improperly allowed.  For the purpose of this section, 
"homestead benefits" means the tax reduction resulting from the 
classification as a homestead under section 273.13, the 
homestead credit under section 273.13 for taxes payable in 1989 
and under section 273.1398 for taxes payable in 1990 and 
thereafter, the taconite homestead credit, and the supplemental 
homestead credit, and the tax reduction resulting from the 
agricultural credit under section 273.132 for taxes payable in 
1989 and under section 273.1398 for taxes payable in 1990 and 
thereafter.  The county auditor shall send a notice to the 
owners of the affected property, demanding reimbursement of the 
homestead benefits plus a penalty equal to 25 percent of the 
homestead benefits.  The property owners may appeal the county's 
determination by filing a notice of appeal with the Minnesota 
tax court within 60 days of the date of the notice from the 
county. 
    If the amount of homestead benefits and penalty is not paid 
within 60 days, and if no appeal has been filed, the county 
auditor shall certify the amount to the succeeding year's tax 
list to be collected as part of the property taxes. 
    Any amount of homestead benefits recovered from the 
property owner must be transmitted to the commissioner by the 
end of each calendar quarter.  Any amount recovered attributable 
to taconite homestead credit shall be transmitted to the St. 
Louis county auditor to be deposited in the taconite property 
tax relief account.  The amount of penalty collected must be 
deposited in the county general fund. 
    The commissioner will provide suggested homestead 
applications to each county.  If a property owner has applied 
for more than one homestead and the county assessors cannot 
determine which property should be classified as homestead, the 
county assessors will refer the information to the commissioner. 
The commissioner shall make the determination and notify the 
counties within 60 days. 
    In addition to lists of homestead properties, the 
commissioner may ask the counties to furnish lists of all 
properties and the record owners. 
    Sec. 10.  Minnesota Statutes 1989 Supplement, section 
319A.20, is amended to read: 
    319A.20 [SUSPENSION OR REVOCATION.] 
    The corporate charter of a professional corporation or the 
certificate of authority of a foreign professional corporation 
may be suspended or revoked pursuant to section 301.57, 
302A.757, or 317A.751 for the reasons enumerated therein or for 
failure to comply with the provisions of sections 319A.01 to 
319A.22 or the rules of any board.  A board through the attorney 
general may institute such suspension or revocation proceedings. 
    Sec. 11.  Minnesota Statutes 1989 Supplement, section 
383D.41, subdivision 1, is amended to read: 
    Subdivision 1.  There is hereby created in Dakota county a 
public body corporate and politic, to be known as the Dakota 
county housing and redevelopment authority, having all of the 
powers and duties of a housing and redevelopment authority under 
the provisions of the municipal housing and redevelopment act, 
sections 462.411 to 462.711, and acts amendatory thereof 469.001 
to 469.047; which act applies to the county of Dakota.  For the 
purposes of applying the provisions of the municipal housing and 
redevelopment act to Dakota county, the county has all of the 
powers and duties of a municipality, the county board has all of 
the powers and duties of a governing body, the chair of the 
county board has all of the powers and duties of a mayor, and 
the area of operation includes the area within the territorial 
boundaries of the county. 
    Sec. 12.  Minnesota Statutes 1989 Supplement, section 
383D.41, subdivision 2, is amended to read: 
    Subd. 2.  This section shall not limit or restrict any 
existing housing and redevelopment authority or prevent a 
municipality from creating an authority.  The county shall not 
exercise jurisdiction in any municipality where a municipal 
housing and redevelopment authority is established.  A municipal 
housing and redevelopment authority may request the Dakota 
county housing and redevelopment authority to handle the housing 
duties of the authority and, in such an event, the Dakota county 
housing and redevelopment authority shall act and have exclusive 
jurisdiction for housing in the municipality pursuant to the 
provisions of the municipal housing and redevelopment act, 
sections 462.411 to 462.711, and acts amendatory thereof 469.001 
to 469.047.  A transfer of duties relating to housing shall not 
transfer any duties relating to redevelopment. 
    Presented to the governor April 9, 1990 
    Signed by the governor April 12, 1990, 10:49 a.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