MN Legislature

Accessibility menu

Session laws use visual text formatting such as stricken text to denote deleted language, and underlined text to denote new language. For users of the jaws screenreader it is recommended to configure jaws to use the proofreading scheme which will alter the pitch of the reading voice when reading stricken and underlined text. Instructions for configuring your jaws reader are provided by following this link.
If you can not or do not wish to configure your screen reader, deleted language will begin with the phrase "deleted text begin" and be followed by the phrase "deleted text end", new language will begin with the phrase "new text begin" and be followed by "new text end". Skip to text of Chapter 465.

Menu

Revisor of Statutes Menu

Authenticate

Pdf

1994 Minnesota Session Laws

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

                            CHAPTER 465-H.F.No. 3091 
                  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                  conflicting, and superseded provisions; making 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 1992, sections 
                  17.47, subdivision 3; 41A.05, subdivision 2; 60B.04, 
                  subdivision 1; 60B.09, subdivisions 1 and 3; 115.41, 
                  subdivisions 1 and 2; 115.42; 115.43, subdivision 2; 
                  115.44, subdivision 2; 115.45, subdivision 1; 115.50; 
                  115.52; 115.53; 120.101, subdivisions 2 and 6; 121.88, 
                  subdivision 8; 125.611, subdivision 1; 136.24, 
                  subdivision 1; 136.622, subdivision 1; 152.02, 
                  subdivisions 9, 12, and 13; 160.265; 169.443, 
                  subdivision 8; 214.01, subdivision 3; 214.13, 
                  subdivision 1; 237.60, subdivision 2; 256D.06, 
                  subdivision 1b; 260.151, subdivision 1; 299C.61, 
                  subdivision 4; 309.53, subdivision 2; 326.212; 
                  326.224; 326.461, subdivision 1; 327.32, subdivision 
                  8; 327.33; 327.34, subdivision 1; 331A.06, subdivision 
                  4; 348.13; 352.119, subdivision 1; 386.61, by adding a 
                  subdivision; 423B.12; 446A.07, subdivision 6; 449.06; 
                  469.174, subdivision 10; 469.181, subdivision 1; and 
                  471A.11; Minnesota Statutes 1993 Supplement, sections 
                  16B.06, subdivision 2a; 16B.122, subdivision 3; 
                  62A.31, subdivision 1n; 62N.075; 82.195, subdivision 
                  2; 115A.542; 115C.082, subdivision 1; 124.195, 
                  subdivision 8; 138.96, subdivision 2; 144.991, 
                  subdivisions 3 and 4; 152.11, subdivision 1; 169.121, 
                  subdivision 1c; 214.103, subdivision 6; 245A.04, 
                  subdivision 3b; 256D.44, subdivision 3; 257.67, 
                  subdivision 3; 268.92, subdivision 1; 296.035; 
                  325F.755, subdivision 5; 326.111, subdivision 4; 
                  326.975, subdivision 2; 349.217, subdivision 1; 
                  386.66; 491A.01, subdivision 3; 549.09, subdivision 1; 
                  609.5312, subdivision 3; 609.605, subdivision 1; 
                  609.749, subdivision 5; and Laws 1992, chapter 513, 
                  article 4, section 60; repealing Minnesota Statutes 
                  1992, sections 216B.164, subdivision 7; 385.08; and 
                  473.872; Laws 1977, chapter 11, section 8; Laws 1982, 
                  chapter 514, sections 18 and 19; Laws 1983, chapter 
                  247, section 130; Laws 1984, chapter 628, article 2, 
                  section 4; Laws 1985, First Special Session chapters 
                  9, article 2, sections 81 and 82; 13, section 191; and 
                  14, article 9, section 16; Laws 1987, chapters 197, 
                  section 1; 315, section 4, subdivision 2; and 336, 
                  section 35; Laws 1988, chapters 441, section 2; 486, 
                  sections 15 and 68; 496, section 8; 514, section 5; 
                  and 636, section 3; Laws 1989, chapters 89, sections 1 
                  (in part) and 13; 133, section 1; 144, article 2, 
                  section 8; 209, article 2, sections 8 and 34; 222, 
                  sections 10, 21, 22, and 36; 271, section 32; 282, 
                  article 2, sections 144 and 186; 293, section 74; 319, 
                  article 13, sections 22 and 55; 329, article 5, 
                  section 10; 334, article 2, section 17; 335, article 
                  1, sections 200 and 255; 353, section 10; and 356, 
                  section 18; Laws 1990, chapters 426, article 1, 
                  sections 5 and 32; 480, articles 5, sections 6 and 9; 
                  and 9, section 3; 512, section 12; 562, article 10, 
                  section 1; 571, section 39; 574, section 5; and 594, 
                  article 3, sections 6 and 7; Laws 1991, chapters 58, 
                  sections 1, 2, 3, 4, 5, 6, 7, and 8; 130, section 24; 
                  174, section 8; 199, article 1, section 71; 238, 
                  article 1, section 7; 265, article 4, section 19; 292, 
                  article 4, section 45; 306, section 26; 336, article 
                  2, section 2; 340, sections 1 and 32; and 345, article 
                  2, section 46; Laws 1992, chapters 432, article 2, 
                  section 41; 437, section 1; and 499, article 6, 
                  section 15; Laws 1993, chapters 4, section 9; 47, 
                  sections 1, 4, 6, and 9; 78, section 3; 101, section 
                  1; 224, article 13, sections 3 and 43; 247, articles 
                  1, section 11; and 2, section 9; 269, section 17; 286, 
                  sections 2 and 21; 303, sections 15, 17, and 18; 339, 
                  section 12; and 369, sections 38 and 128; Laws 1993, 
                  First Special Session chapter 1, article 2, section 6. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
                                   ARTICLE 1  
                           MISCELLANEOUS CORRECTIONS 
           Section 1.  Minnesota Statutes 1993 Supplement, section 
        16B.122, subdivision 3, is amended to read: 
           Subd. 3.  [PUBLIC ENTITY PURCHASING.] (a) Notwithstanding 
        section 365.37, 375.21, 412.331 412.311, or 473.705, a public 
        entity may purchase recycled materials when the price of the 
        recycled materials does not exceed the price of nonrecycled 
        materials by more than ten percent.  In order to maximize the 
        quantity and quality of recycled materials purchased, a public 
        entity also may use other appropriate procedures to acquire 
        recycled materials at the most economical cost to the public 
        entity. 
           (b) When purchasing commodities and services, a public 
        entity shall apply and promote the preferred waste management 
        practices listed in section 115A.02, with special emphasis on 
        reduction of the quantity and toxicity of materials in waste.  A 
        public entity, in developing bid specifications, shall consider 
        the extent to which a commodity or product is durable, reusable, 
        or recyclable and marketable through the applicable local or 
        regional recycling program and the extent to which the commodity 
        or product contains postconsumer material. 
           Sec. 2.  Minnesota Statutes 1993 Supplement, section 
        62A.31, subdivision 1n, is amended to read: 
           Subd. 1n.  [TERMINATION OF COVERAGE.] Termination by an 
        issuer of a Medicare supplement policy or certificate shall be 
        without prejudice to any continuous loss that began while the 
        policy or certificate was in force, but the extension of 
        benefits beyond the period during which the policy or 
        certificate was in force may be conditioned on the continuous 
        total disability of the insured, limited to the duration of the 
        policy or certificate benefit period, if any, or payment of the 
        maximum benefits.  The extension of benefits does not apply when 
        the termination is based on fraud, misrepresentation, or 
        nonpayment of premium.  An issuer may discontinue the 
        availability of a policy form or certificate form if the issuer 
        provides to the commissioner in writing its decision at least 30 
        days before discontinuing the availability of the form of the 
        policy or certificate.  An issuer that discontinues the 
        availability of a policy form or certificate form shall not file 
        for approval a new policy form or certificate form of the same 
        type for the same Medicare supplement benefit plan as the 
        discontinued form for five years after the issuer provides 
        notice to the commissioner of the discontinuance.  The period of 
        discontinuance may be reduced if the commissioner determines 
        that a shorter period is appropriate.  The sale or other 
        transfer of Medicare supplement business to another issuer shall 
        be considered a discontinuance for the purposes of this 
        section.  A change in the rating structure or methodology shall 
        be considered a discontinuance under this section unless the 
        issuer complies with the following requirements: 
           (1) the issuer provides an actuarial memorandum, in a form 
        and manner prescribed by the commissioner, describing the manner 
        in which the revised rating methodology and resulting rates 
        differ from the existing rating methodology and resulting rates; 
        and 
           (2) the issuer does not subsequently put into effect a 
        change of rates or rating factors that would cause the 
        percentage differential between the discontinued and subsequent 
        rates as described in the actuarial memorandum to change.  The 
        commissioner may approve a change to the differential that is in 
        the public interest. 
           Sec. 3.  Minnesota Statutes 1993 Supplement, section 
        62N.075, is amended to read: 
           62N.075 [COVERED SERVICES.] 
           (a) An integrated service network must provide to each 
        person enrolled a set of appropriate and necessary health 
        services.  For purposes of this chapter, "appropriate and 
        necessary" means services needed to maintain the enrollee in 
        good health including as a minimum, but not limited to, 
        emergency care, inpatient hospital and physician care, 
        outpatient health services, and preventive health services.  The 
        commissioner may modify this definition to reflect changes in 
        community standards, development of practice parameters, new 
        technology assessments, and other medical innovations.  These 
        services must be delivered by authorized practitioners acting 
        within their scope of practice.  An integrated service network 
        is not responsible for health services that are not appropriate 
        and necessary. 
           (b) A network may define benefit levels through the use of 
        consumer cost sharing but remains financially accountable for 
        the cost of the set of required health services. 
           (c) A network may offer any Medicare supplement, Medicare 
        select, or other Medicare-related product otherwise permitted 
        for any type of health carrier in this state.  Each 
        Medicare-related product may be offered only in full compliance 
        with the requirements in chapters 62A, 62D, and 62E that apply 
        to that category of product. 
           (d) Networks must comply with all continuation and 
        conversion of coverage requirements applicable to health 
        maintenance organizations under state or federal law. 
           (e) Networks must comply with sections 62A.047, 62A.27, and 
        any other coverage of newborn infants, dependent children who do 
        not reside with a covered person, handicapped children and 
        dependents, and adopted children.  A network providing dependent 
        coverage must comply with section 62A.302. 
           (f) Networks must comply with the equal access requirements 
        of section 62A.15, subdivision 2. 
           Sec. 4.  Minnesota Statutes 1993 Supplement, section 
        82.195, subdivision 2, is amended to read: 
           Subd. 2.  [CONTENTS.] All listing agreements must be in 
        writing and must include:  
           (1) a definite expiration date; 
           (2) a description of the real property involved; 
           (3) the list price and any terms required by the seller; 
           (4) the amount of any compensation or commission or the 
        basis for computing the commission; 
           (5) a clear statement explaining the events or conditions 
        that will entitle a broker to a commission; 
           (6) information regarding an override clause, if 
        applicable, including a statement to the effect that the 
        override clause will not be effective unless the licensee 
        supplies the seller with a protective list within 72 hours after 
        the expiration of the listing agreement; 
           (7) the following notice in not less than ten point 
        boldface type immediately preceding any provision of the listing 
        agreement relating to compensation of the licensee:  
           "NOTICE:  THE COMMISSION RATE FOR THE SALE, LEASE, RENTAL, 
        OR MANAGEMENT OF REAL PROPERTY SHALL BE DETERMINED BETWEEN EACH 
        INDIVIDUAL BROKER AND ITS CLIENT."; 
           (8) if the broker chooses to represent both buyers and 
        sellers in connection with residential property transactions, a 
        "dual agency" disclosure statement; 
           (9) a notice requiring the seller to indicate in writing 
        whether it is acceptable to the seller to have the licensee 
        arrange for closing services or whether the seller wishes to 
        arrange for others to conduct the closing.  The notice must also 
        include the disclosure of any controlled business arrangement, 
        as the term is defined in United States Code, title 12, section 
        1602 2602, between the licensee and the real estate closing 
        agent through which the licensee proposes to arrange closing 
        services; and 
           (10) for residential listings, a notice stating that after 
        the expiration of the listing agreement, the seller will not be 
        obligated to pay the licensee a fee or commission if the seller 
        has executed another valid listing agreement pursuant to which 
        the seller is obligated to pay a fee or commission to another 
        licensee for the sale, lease, or exchange of the real property 
        in question.  This notice may be used in the listing agreement 
        for any other type of real estate.  
           Sec. 5.  Minnesota Statutes 1992, section 115.41, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [APPLICABILITY.] The definitions given in 
        this section shall obtain for the purposes of Laws 1963, chapter 
        874 sections 115.41 to 115.54, except as otherwise expressly 
        provided or indicated by the context.  
           Sec. 6.  Minnesota Statutes 1992, section 115.41, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ADDITIONAL TERMS.] The definitions given in 
        Minnesota Statutes 1961, section 115.01, as now in force or 
        hereby or hereafter amended, shall govern for the purposes of 
        Laws 1963, chapter 874 sections 115.41 to 115.54, except as 
        otherwise expressly provided or indicated by the context.  
           Sec. 7.  Minnesota Statutes 1992, section 115.42, is 
        amended to read: 
           115.42 [POLICY; LONG-RANGE PLAN; PURPOSE.] 
           It is the policy of the state to provide for the 
        prevention, control, and abatement of pollution of all waters of 
        the state, so far as feasible and practical, in furtherance of 
        conservation of such waters and protection of the public health 
        and in furtherance of the development of the economic welfare of 
        the state.  The agency shall prepare a long-range plan and 
        program for the effectuation of said policy, and shall make a 
        report of progress thereon to the legislature by November 15 of 
        each even numbered year, with recommendations for action in 
        furtherance of such program during the ensuing biennium.  It is 
        the purpose of Laws 1963, chapter 874, sections 115.41 to 115.54 
        to safeguard the waters of the state from pollution by:  (a) 
        preventing any new pollution; and (b) abating pollution existing 
        when Laws 1963, chapter 874, sections 115.41 to 115.54 become 
        effective, under a program consistent with the declaration of 
        policy above stated.  
           Sec. 8.  Minnesota Statutes 1992, section 115.43, 
        subdivision 2, is amended to read: 
           Subd. 2.  Acting within the scope of the policy and 
        purposes of Laws 1963, chapter 874 sections 115.41 to 115.54, 
        the agency may adopt, promulgate, amend, or rescind rules in the 
        manner provided by law, as may be necessary or proper to carry 
        into effect the provisions of Laws 1963, chapter 874 sections 
        115.41 to 115.54.  
           Sec. 9.  Minnesota Statutes 1992, section 115.44, 
        subdivision 2, is amended to read: 
           Subd. 2.  In order to attain the objectives of Laws 1963, 
        chapter 874 sections 115.41 to 115.54, the agency after proper 
        study, and after conducting public hearing upon due notice, 
        shall, as soon as practicable, group the designated waters of 
        the state into classes, and adopt classifications and standards 
        of purity and quality therefor.  Such classification shall be 
        made in accordance with considerations of best usage in the 
        interest of the public and with regard to the considerations 
        mentioned in subdivision 3 hereof.  
           Sec. 10.  Minnesota Statutes 1992, section 115.45, 
        subdivision 1, is amended to read: 
           Subdivision 1.  It is the duty of every person affected to 
        comply with the provisions of Laws 1963, chapter 874, and of 
        Minnesota Statutes, sections 115.01 to 115.09 and 115.41 to 
        115.54, comprising the state water pollution control act, as now 
        in force or hereafter amended, and all rules, orders, and 
        permits adopted or issued by the agency thereunder, and to do 
        and perform all acts and things within that person's power 
        required to effectuate, carry out, and accomplish the purposes 
        of such provisions, rules, orders, and permits.  
           Sec. 11.  Minnesota Statutes 1992, section 115.50, is 
        amended to read: 
           115.50 [TOWNS, POWERS TO ACT.] 
           For the purposes of carrying out the policy and purposes of 
        Laws 1963, chapter 874, and of Minnesota Statutes, sections 
        115.01 to 115.09 and 115.41 to 115.54, there is hereby conferred 
        upon all towns of this state the power and authority to 
        construct, install, acquire, maintain and operate disposal 
        systems and parts thereof, and to levy taxes, and special 
        assessments, to issue bonds and to do all other things necessary 
        or convenient for such construction, installation, acquisition, 
        maintenance and operation in the same manner and extent and 
        subject to the same limitations as statutory cities.  
           Sec. 12.  Minnesota Statutes 1992, section 115.52, is 
        amended to read: 
           115.52 [SEVERABILITY.] 
           The provisions of Laws 1963, chapter 874 sections 115.41 to 
        115.54 shall be severable and the invalidity of any section or 
        subdivision or part thereof shall not make void any other 
        section or subdivision or part thereof.  
           Sec. 13.  Minnesota Statutes 1992, section 115.53, is 
        amended to read: 
           115.53 [MODIFICATION OF CLASSIFICATION OR STANDARDS.] 
           In any case where the agency has heretofore adopted and 
        established a classification or standards for any waters as then 
        provided by law, the agency, at any hearing held pursuant to the 
        provisions of this section for the purpose of modification, 
        alteration, or amendment of such classification or standards or 
        the adoption and establishment of any classification or 
        standards for the same waters or any part thereof as required by 
        Laws 1963, chapter 874 sections 115.41 to 115.54, may receive 
        and consider for any such purpose any testimony received at such 
        previous hearing, as reported in the stenographic transcript 
        thereof, and any exhibits received at such previous hearing, 
        which are relevant, with like force and effect and subject to 
        like objections, if any, as if such testimony or exhibits had 
        been produced at the hearing hereunder, together with any 
        further testimony or exhibits which may be submitted and 
        received at the hearing hereunder.  
           Sec. 14.  Minnesota Statutes 1993 Supplement, section 
        115A.542, is amended to read: 
           115A.542 [COMPOSTING PROJECT GRANTS.] 
           The director of the office of waste management shall award 
        grants to optimize operations at mixed municipal solid waste 
        composting facilities owned by multicounty project boards.  
        Before awarding a grant under this section, the directors 
        director of the offices office of waste management and the 
        commissioner of the pollution control agency must approve a 
        facility optimization plan submitted by the multicounty project 
        board.  The plan must include a financial and technical 
        feasibility analysis. 
           Sec. 15.  Minnesota Statutes 1992, section 136.24, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PROPRIETARY PURCHASES.] Technical 
        educational equipment may be procured for the state universities 
        on request of the state university board either by brand 
        designation or in accordance with standards and specifications 
        the board may promulgate, notwithstanding the competitive 
        bidding requirements of chapter 16B to the contrary.  The 
        procurement is still subject to supervision by the office of 
        information systems management policy office under section 
        16B.41. 
           Sec. 16.  Minnesota Statutes 1992, section 136.622, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PROPRIETARY PURCHASES.] Technical 
        educational equipment may be procured for the state community 
        colleges on request of the state board for community colleges 
        either by brand designation or in accordance with standards and 
        specifications the board may promulgate, notwithstanding the 
        competitive bidding requirements of chapter 16B.  The 
        procurement is still subject to supervision by the office of 
        information systems management policy office under section 
        16B.41. 
           Sec. 17.  Minnesota Statutes 1993 Supplement, section 
        138.96, subdivision 2, is amended to read:  
           Subd. 2.  [COOPERATION.] The historical society shall 
        coordinate collecting activities relating to this act section 
        with other Minnesota archives and libraries. 
           Sec. 18.  Minnesota Statutes 1993 Supplement, section 
        144.991, subdivision 3, is amended to read: 
           Subd. 3.  [CORRECTIVE ORDER.] (a) The commissioner may 
        issue an order assessing a penalty and requiring the violations 
        cited in the order to be corrected within 30 calendar days from 
        the date the order is received. 
           (b) The person to whom the order was issued shall provide 
        information to the commissioner before the 31st day after the 
        order was received demonstrating that the violation has been 
        corrected or that the person has developed a corrective plan 
        acceptable to the commissioner.  The commissioner shall 
        determine whether the violation has been corrected and notify 
        the person subject to the order of the commissioner's 
        determination. 
           Sec. 19.  Minnesota Statutes 1993 Supplement, section 
        144.991, subdivision 4, is amended to read: 
           Subd. 4.  [PENALTY.] (a) Except as provided in paragraph 
        (b), if the commissioner determines that the violation has been 
        corrected or the person to whom the order was issued has 
        developed a corrective plan acceptable to the commissioner, the 
        penalty must be forgiven.  Unless the person requests review of 
        the order under subdivision 5 before the penalty is due, the 
        penalty in the order is due and payable: 
           (1) on the 31st day after the order was received, if the 
        person subject to the order fails to provide information to the 
        commissioner showing that the violation has been corrected or 
        that appropriate steps have been taken toward correcting the 
        violation; or 
           (2) on the 20th day after the person receives the 
        commissioner's determination under paragraph (b), if the person 
        subject to the order has provided information to the 
        commissioner that the commissioner determines is not sufficient 
        to show the violation has been corrected or that appropriate 
        steps have been taken toward correcting the violation. 
           (b) For repeated or serious violations, the commissioner 
        may issue an order with a penalty that will not be forgiven 
        after the corrective action is taken.  The penalty is due by 31 
        days after the order was received unless review of the order 
        under subdivision 5 has been sought. 
           (c) Interest at the rate established in section 549.09 
        begins to accrue on penalties under this subdivision on the 31st 
        day after the order with the penalty was received. 
           Sec. 20.  Minnesota Statutes 1992, section 152.02, 
        subdivision 9, is amended to read: 
           Subd. 9.  The state board of pharmacy may by rule except 
        any compound, mixture, or preparation containing any stimulant 
        or depressant substance listed in subdivision 4, clauses (1) and 
        (2) or in subdivisions 5 and 6 from the application of all or 
        any part of Laws 1971, this chapter 937, if the compound, 
        mixture, or preparation contains one or more active medicinal 
        ingredients not having a stimulant or depressant effect on the 
        central nervous system; provided, that such admixtures shall be 
        included therein in such combinations, quantity, proportion, or 
        concentration as to vitiate the potential for abuse of the 
        substances which do have a stimulant or depressant effect on the 
        central nervous system. 
           Sec. 21.  Minnesota Statutes 1992, section 152.02, 
        subdivision 12, is amended to read: 
           Subd. 12.  If any substance is designated, rescheduled, or 
        deleted as a controlled substance under federal law and notice 
        thereof is given to the state board of pharmacy, the state board 
        of pharmacy shall similarly control the substance under Laws 
        1973, this chapter 693, after the expiration of 30 days from 
        publication in the Federal Register of a final order designating 
        a substance as a controlled substance or rescheduling or 
        deleting a substance.  Such order shall be filed pursuant to 
        section 14.38.  If within that 30-day period, the state board of 
        pharmacy objects to inclusion, rescheduling, or deletion, it 
        shall publish the reasons for objection and afford all 
        interested parties an opportunity to be heard.  At the 
        conclusion of the hearing, the state board of pharmacy shall 
        publish its decision, which shall be subject to the provisions 
        of Minnesota Statutes 1971, chapter 15 14. 
           In exercising the authority granted by Laws 1971, this 
        chapter 937, the state board of pharmacy shall be subject to the 
        provisions of Minnesota Statutes 1969, chapter 15 14.  The state 
        board of pharmacy shall provide copies of any proposed rule 
        under Laws 1971, this chapter 937, to the advisory council on 
        controlled substances at least 30 days prior to any hearing 
        required by section 14.14, subdivision 1.  The state board of 
        pharmacy shall consider the recommendations of the advisory 
        council on controlled substances, which may be made prior to or 
        at the hearing. 
           Sec. 22.  Minnesota Statutes 1992, section 152.02, 
        subdivision 13, is amended to read: 
           Subd. 13.  The state board of pharmacy shall study the 
        implementation of Laws 1971, this chapter 937 in relation to the 
        problems of drug abuse in Minnesota and shall report to the 
        legislature annually on or before December 1, their 
        recommendations concerning amendments to Laws 1971, this chapter 
        937. 
           Sec. 23.  Minnesota Statutes 1993 Supplement, section 
        152.11, subdivision 1, is amended to read: 
           Subdivision 1.  No person may dispense a controlled 
        substance included in Schedule II of section 152.02 without a 
        prescription written by a doctor of medicine, a doctor of 
        osteopathy licensed to practice medicine, a doctor of dental 
        surgery, a doctor of dental medicine, a doctor of podiatry, or a 
        doctor of veterinary medicine, lawfully licensed to prescribe in 
        this state and having a current federal drug enforcement 
        administration registration number.  Provided that in emergency 
        situations, as authorized by federal law, such drug may be 
        dispensed upon oral prescription reduced promptly to writing and 
        filed by the pharmacist.  Such prescriptions shall be retained 
        in conformity with section 152.101.  No prescription for a 
        Schedule II substance may be refilled.  
           For the purposes of Laws 1971, this chapter 937, a written 
        prescription or oral prescription, which shall be reduced to 
        writing, for a controlled substance in schedule II, III, IV or V 
        is void unless (1) it is written in ink and contains the name 
        and address of the person for whose use it is intended; (2) it 
        states the amount of the controlled substance to be compounded 
        or dispensed, with directions for its use; (3) if a written 
        prescription, it contains the signature, address and federal 
        registry number of the prescriber and a designation of the 
        branch of the healing art pursued by the prescriber; and if an 
        oral prescription, the name and address of the prescriber and a 
        designation of the prescriber's branch of the healing art; and 
        (4) it shows the date when signed by the prescriber, or the date 
        of acceptance in the pharmacy if an oral prescription.  Every 
        licensed pharmacist who compounds any such prescription shall 
        retain such prescription in a file for a period of not less than 
        two years, open to inspection by any officer of the state, 
        county, or municipal government, whose duty it is to aid and 
        assist with the enforcement of this chapter.  Every such 
        pharmacist shall distinctly label the container with the 
        directions contained in the prescription for the use thereof.  
           Sec. 24.  Minnesota Statutes 1993 Supplement, section 
        169.121, subdivision 1c, is amended to read: 
           Subd. 1c.  [CONDITIONAL RELEASE.] A person charged with 
        violating subdivision 1 within ten years of the first of three 
        prior impaired driving convictions or within the person's 
        lifetime after four or more prior impaired driving convictions 
        may be released from detention only upon the following 
        conditions unless maximum bail is imposed: 
           (1) the impoundment of the registration plates of the 
        vehicle used to commit the violation occurred, unless already 
        impounded; 
           (2) a requirement that the alleged violator report weekly 
        to a probation agent; 
           (3) a requirement that the alleged violator abstain from 
        consumption of alcohol and controlled substances and submit to 
        random, weekly alcohol tests or urine analyses; and 
           (4) a requirement that, if convicted, the alleged violator 
        reimburse the court or county for the total cost of these 
        services. 
           Sec. 25.  Minnesota Statutes 1992, section 169.443, 
        subdivision 8, is amended to read: 
           Subd. 8.  [USE FOR RECREATIONAL OR EDUCATIONAL ACTIVITY.] A 
        school bus that transports over regular routes and on regular 
        schedules persons age 18 or under to and from a regularly 
        scheduled recreational or educational activity must comply with 
        subdivisions 1 and 7.  Notwithstanding section 169.441, 
        subdivision 3, a school bus may provide such transportation only 
        if (1) the "school bus" sign required by section 169.443 
        169.441, subdivision 3, is plainly visible; (2) the school bus 
        has a valid certificate of inspection under section 169.451; (3) 
        the driver of the school bus possesses a driver's license with a 
        valid school bus endorsement under section 171.10; and (4) the 
        entity that organizes the recreational or educational activity, 
        or the contractor who provides the school buses to the entity, 
        consults with the superintendent of the school district in which 
        the activity is located or the superintendent's designee on the 
        safety of the regular routes used. 
           Sec. 26.  Minnesota Statutes 1993 Supplement, section 
        214.103, subdivision 6, is amended to read: 
           Subd. 6.  [ATTEMPTS AT RESOLUTION.] (a) At any time after 
        receipt of a complaint, the executive director or the designated 
        board member may attempt to resolve the complaint with the 
        regulated person.  The available means for resolution include a 
        conference or any other written or oral communication with the 
        regulated person.  A conference may be held for the purposes of 
        investigation, negotiation, education, or conciliation.  The 
        results of attempts at resolution with the regulated person may 
        include a recommendation to the board for disciplinary action, 
        an agreement between the executive director or the designated 
        board member and the regulated person for corrective action, or 
        the dismissal of a complaint.  If attempts at resolution are not 
        in the public interest or are not satisfactory to the executive 
        director or the designated board member, then the executive 
        director or the designated board member may initiate a contested 
        case hearing. 
           (1) The designee of the attorney general shall represent 
        the board in all attempts at resolution which the executive 
        director or the designated board member anticipate may result in 
        disciplinary action.  The available remedies for disciplinary 
        action by consent with the regulated person are those listed in 
        section 214.108, subdivision 4.  A stipulation between the 
        executive director or the designated board member and the 
        regulated person shall be presented to the board for the board's 
        consideration.  An approved stipulation and resulting order 
        shall become public data. 
           (2) The designee of the attorney general shall represent 
        the board upon the request of the executive director or the 
        designated board member in all attempts at resolution which the 
        executive director or the designated board member anticipate may 
        result in corrective action.  Any agreement between the 
        executive director or the designated board member and the 
        regulated person for corrective action shall be in writing and 
        shall be reviewed by the designee of the attorney general prior 
        to its execution.  The agreement for corrective action shall 
        provide for dismissal of the complaint upon successful 
        completion by the regulated person of the corrective action.  
           (b) Upon receipt of a complaint alleging sexual contact or 
        sexual conduct with a client, the board must forward the 
        complaint to the designee of the attorney general for an 
        investigation.  If, after it is investigated, the complaint 
        appears to provide a basis for disciplinary action, the board 
        shall resolve the complaint by disciplinary action or initiate a 
        contested case hearing.  Notwithstanding paragraph (a), clause 
        (2), a board may not take corrective action or dismiss a 
        complaint alleging sexual contact or sexual conduct with a 
        client unless, in the opinion of the executive director, the 
        designated board member, and the designee of the attorney 
        general, there is insufficient evidence to justify disciplinary 
        action. 
           Sec. 27.  [REPEALER.] 
           Minnesota Statutes 1992, section 216B.164, subdivision 7, 
        is repealed. 
           Sec. 28.  Minnesota Statutes 1992, section 237.60, 
        subdivision 2, is amended to read: 
           Subd. 2.  [EMERGING COMPETITION.] (a) A company may 
        decrease the rate for a service subject to emerging competition 
        that is listed in the price list, effective ten days after 
        filing a new price list with the commission and the department, 
        along with an incremental cost study demonstrating that the new 
        price is above incremental cost.  The commission shall prevent a 
        proposed price reduction from going into effect or prospectively 
        reinstate the original rate if the reduction has gone into 
        effect if, after receiving a complaint or on its own motion, 
        under section 237.081, the commission finds that the new rate is 
        below incremental cost or that the new rate is not just and 
        reasonable. 
           (b) A company may increase the rate for a service subject 
        to emerging competition that is listed in the price list 
        effective 30 days after notice is given to affected customers, 
        the commission, and the department.  The notice and new price 
        list filing to the commission and the department for a rate 
        increase must include an incremental cost study demonstrating 
        that the proposed price is above incremental cost.  The 
        department shall investigate an increase in rates for services 
        subject to emerging competition, and report its findings to the 
        commission within 30 days of the filing.  The commission may, 
        within 60 days after the date of the filing, order that the rate 
        increase is interim in nature and subject to refund.  If interim 
        rates are not ordered, the rate increase is not refundable.  If 
        a rate is subject to refund, the commission, after a contested 
        case hearing or an expedited hearing under section 237.61, must 
        make a final decision regarding the propriety of the rate 
        increase within six months of the date the price change was 
        filed, except that if a contested case hearing before an 
        administrative law judge is required the commission shall make a 
        final decision within ten months of the date the price change 
        was filed.  If the commission does not do so, the price change 
        is deemed approved. 
           (c) If language describing a rate, term, or condition of 
        service in a price list is changed without substantially 
        altering the application of the price list, the change may take 
        effect upon one-day notice to the commission. 
           (d) If a term or condition of service in a price list is 
        changed in a way that results in a substantial change in the 
        application of the price list, but the price is not changed, the 
        change in the price list is effective at the same time as a 
        price decrease under paragraph (a). 
           (e) If a new pricing plan is proposed for a service that is 
        currently offered by a telephone company, the change in the 
        price list is subject to the same schedules governing a price 
        increase under paragraph (b).  For purposes of this paragraph, a 
        new pricing plan is a proposal that bundles rate elements for a 
        service, alters the definition of the rate elements for a 
        service, or includes increases for some rate elements and 
        decreases for other rate elements. 
           (f) A telephone company may offer a new service to its 
        customers ten days after it files a price list and incremental 
        cost study for the service with the department and the 
        commission. 
           (g) A telephone company may discontinue a telephone service 
        that is subject to emerging competition, as long as the 
        discontinuance is effective for that service throughout the 
        state, effective 60 days after notice to the commission, the 
        department, and affected customers, unless the commission, 
        within 45 days of the notice, orders a hearing on it.  If the 
        commission orders a hearing, the commission shall make a final 
        determination on the discontinuance within 180 days of the date 
        that notice of the discontinuance was filed with the commission, 
        except that if a contested case hearing before an administrative 
        law judge is required the commission shall make a final decision 
        within ten months of the date the notice of discontinuance was 
        filed. 
           (h) A change in a price list not covered by paragraphs (a) 
        to (f) must be reviewed according to the schedule prescribed for 
        a price increase under paragraph (b). 
           (i) An incremental cost study required by this section, 
        section 216D.01, subdivision 8, and 237.62, and section 237.626 
        must be a long-run incremental cost study unless the commission 
        has allowed the telephone company required to do the study to 
        set rates based on a variable cost study.  A telephone company 
        may include a petition to file a variable cost study instead of 
        a long-run incremental cost study with its notice of price 
        change, notice of a promotion, or its filing of a new service.  
        The commission shall grant the petition if the company 
        demonstrates that a long-run incremental cost study is 
        burdensome in relation to its annual revenue from the service 
        involved, that the company has a low market share, that the 
        service is no longer being offered to new customers, or if the 
        company shows other good cause.  A petition must be accompanied 
        by a variable cost study.  If the petition is denied, the 
        company shall withdraw a filing made under this section. 
           (j) For purposes of this section and section 237.62, (1) 
        long-run incremental cost means the change in total cost 
        associated with a change in volume of the service, expressed on 
        a per-unit basis, and (2) variable cost means the change in 
        total cost, excluding fixed costs, associated with a change in 
        volume of service, expressed on a per-unit basis. 
           Sec. 29.  Minnesota Statutes 1993 Supplement, section 
        245A.04, subdivision 3b, is amended to read: 
           Subd. 3b.  [RECONSIDERATION OF DISQUALIFICATION.] (a) 
        Within 30 days after receiving notice of disqualification under 
        subdivision 3a, the individual who is the subject of the study 
        may request reconsideration of the notice of disqualification.  
        The individual must submit the request for reconsideration to 
        the commissioner in writing.  The individual must present 
        information to show that: 
           (1) the information the commissioner relied upon is 
        incorrect; or 
           (2) the subject of the study does not pose a risk of harm 
        to any person served by the applicant or license holder. 
           (b) The commissioner may set aside the disqualification if 
        the commissioner finds that the information the commissioner 
        relied upon is incorrect or the individual does not pose a risk 
        of harm to any person served by the applicant or license 
        holder.  The commissioner shall review the consequences of the 
        event or events that could lead to disqualification, whether 
        there is more than one disqualifying event, the vulnerability of 
        the victim at the time of the event, the time elapsed without a 
        repeat of the same or similar event, and documentation of 
        successful completion by the individual studied of training or 
        rehabilitation pertinent to the event.  In reviewing a 
        disqualification, the commissioner shall give preeminent weight 
        to the safety of each person to be served by the license holder 
        or applicant over the interests of the license holder or 
        applicant.  
           (c) Unless the information the commissioner relied on in 
        disqualifying an individual is incorrect, the commissioner may 
        not set aside the disqualification of an individual who seeks a 
        license to provide family day care for children, foster care for 
        children in the provider's own home, or foster care or day care 
        services for adults in the provider's own home if: 
           (1) less than ten years have passed since the discharge of 
        the sentence imposed for the offense; and the individual has 
        been convicted of a violation of section 609.20 (manslaughter in 
        the first degree), 609.205 (manslaughter in the second degree), 
        609.21 (criminal vehicular homicide), 609.215 (aiding suicide or 
        aiding attempted suicide), 609.221 to 609.2231 (felony 
        violations of assault in the first, second, third, or fourth 
        degree), 609.713 (terroristic threats), 609.285 609.235 (use of 
        drugs to injure or to facilitate crime), 609.24 (simple 
        robbery), 609.245 (aggravated robbery), 609.25 (kidnapping), 
        609.255 (false imprisonment), 609.561 or 609.562 (arson in the 
        first or second degree), 609.71 (riot), 609.582 (burglary in the 
        first or second degree), 609.66 (reckless use of a gun or 
        dangerous weapon or intentionally pointing a gun at or towards a 
        human being), 609.665 (setting a spring gun), 609.67 (unlawfully 
        owning, possessing, or operating a machine gun), 152.021 or 
        152.022 (controlled substance crime in the first or second 
        degree), 152.023, subdivision 1, clause (3) or (4), or 
        subdivision 2, clause (4) (controlled substance crime in the 
        third degree), 152.024, subdivision 1, clause (2), (3), or (4) 
        (controlled substance crime in the fourth degree), 609.228 
        (great bodily harm caused by distribution of drugs), 609.23 
        (mistreatment of persons confined), 609.231 (mistreatment of 
        residents or patients), 609.265 (abduction), 609.2664 to 
        609.2665 (manslaughter of an unborn child in the first or second 
        degree), 609.267 to 609.2672 (assault of an unborn child in the 
        first, second, or third degree), 609.268 (injury or death of an 
        unborn child in the commission of a crime), 617.293 
        (disseminating or displaying harmful material to minors), 
        609.378 (neglect or endangerment of a child), 609.377 (a gross 
        misdemeanor offense of malicious punishment of a child); or an 
        attempt or conspiracy to commit any of these offenses, as each 
        of these offenses is defined in Minnesota Statutes; or an 
        offense in any other state, the elements of which are 
        substantially similar to the elements of any of the foregoing 
        offenses; 
           (2) regardless of how much time has passed since the 
        discharge of the sentence imposed for the offense, the 
        individual was convicted of a violation of sections 609.185 to 
        609.195 (murder in the first, second, or third degree), 609.2661 
        to 609.2663 (murder of an unborn child in the first, second, or 
        third degree), 609.377 (a felony offense of malicious punishment 
        of a child), 609.322 (soliciting, inducement, or promotion of 
        prostitution), 609.323 (receiving profit derived from 
        prostitution), 609.342 to 609.345 (criminal sexual conduct in 
        the first, second, third, or fourth degree), 609.352 
        (solicitation of children to engage in sexual conduct), 617.245 
        (use of minors in a sexual performance), 617.247 (possession of 
        pictorial representations of a minor), 609.365 (incest), or an 
        offense in any other state, the elements of which are 
        substantially similar to any of the foregoing offenses; 
           (3) within the seven years preceding the study, the 
        individual committed an act that constitutes maltreatment of a 
        child under section 626.556, subdivision 10e, and that resulted 
        in substantial bodily harm as defined in section 609.02, 
        subdivision 7a, or substantial mental or emotional harm as 
        supported by competent psychological or psychiatric evidence; or 
           (4) within the seven years preceding the study, the 
        individual was determined under section 626.557 to be the 
        perpetrator of a substantiated incident of abuse of a vulnerable 
        adult that resulted in substantial bodily harm as defined in 
        section 609.02, subdivision 7a, or substantial mental or 
        emotional harm as supported by competent psychological or 
        psychiatric evidence. 
           In the case of any ground for disqualification under 
        clauses (1) to (4), if the act was committed by an individual 
        other than the applicant or license holder residing in the 
        applicant's or license holder's home, the applicant or license 
        holder may seek reconsideration when the individual who 
        committed the act no longer resides in the home.  
           The disqualification periods provided under clauses (1), 
        (3), and (4) are the minimum applicable disqualification 
        periods.  The commissioner may determine that an individual 
        should continue to be disqualified from licensure because the 
        license holder or applicant poses a risk of harm to a person 
        served by that individual after the minimum disqualification 
        period has passed. 
           (d) The commissioner shall respond in writing to all 
        reconsideration requests within 15 working days after receiving 
        the request for reconsideration.  If the disqualification is set 
        aside, the commissioner shall notify the applicant or license 
        holder in writing of the decision. 
           (e) Except as provided in subdivision 3c, the 
        commissioner's decision to grant or deny a reconsideration of 
        disqualification under this subdivision, or to set aside or 
        uphold the results of the study under subdivision 3, is the 
        final administrative agency action.  
           Sec. 30.  Minnesota Statutes 1992, section 256D.06, 
        subdivision 1b, is amended to read: 
           Subd. 1b.  [EARNED INCOME SAVINGS ACCOUNT.] In addition to 
        the $50 disregard required under subdivision 1, the county 
        agency shall disregard an additional earned income up to a 
        maximum of $150 per month for:  (1) persons residing in 
        facilities licensed under Minnesota Rules, parts 9520.0500 to 
        9520.0690 and 9530.2500 to 9530.4000, and for whom discharge and 
        work are part of a treatment plan; (2) persons living in 
        supervised apartments with services funded under Minnesota 
        Rules, parts 9535.0100 to 9535.1600, and for whom discharge and 
        work are part of a treatment plan; and (3) persons residing in a 
        negotiated rate residence group residential housing, as that 
        term is defined in section 256I.03, subdivision 3, for whom the 
        county agency has approved a discharge plan which includes 
        work.  The additional amount disregarded must be placed in a 
        separate savings account by the eligible individual, to be used 
        upon discharge from the residential facility into the 
        community.  For individuals residing in a chemical dependency 
        program licensed under Minnesota Rules, part 9530.4100, subpart 
        22, item D, withdrawals from the savings account require the 
        signature of the individual and for those individuals with an 
        authorized representative payee, the signature of the payee.  A 
        maximum of $1,000, including interest, of the money in the 
        savings account must be excluded from the resource limits 
        established by section 256D.08, subdivision 1, clause (1). 
        Amounts in that account in excess of $1,000 must be applied to 
        the resident's cost of care.  If excluded money is removed from 
        the savings account by the eligible individual at any time 
        before the individual is discharged from the facility into the 
        community, the money is income to the individual in the month of 
        receipt and a resource in subsequent months.  If an eligible 
        individual moves from a community facility to an inpatient 
        hospital setting, the separate savings account is an excluded 
        asset for up to 18 months.  During that time, amounts that 
        accumulate in excess of the $1,000 savings limit must be applied 
        to the patient's cost of care.  If the patient continues to be 
        hospitalized at the conclusion of the 18-month period, the 
        entire account must be applied to the patient's cost of care. 
           Sec. 31.  Minnesota Statutes 1993 Supplement, section 
        256D.44, subdivision 3, is amended to read: 
           Subd. 3.  [STANDARD OF ASSISTANCE FOR BASIC NEEDS.] The 
        state standard of assistance for basic needs provides for the 
        applicant's or recipient's maintenance needs, other than actual 
        shelter costs.  Except as provided in subdivision 4, the monthly 
        state standard of assistance for basic needs is as follows:  
           (a) If an applicant or recipient who does not reside with 
        another person or persons, the state standard of assistance is 
        $371.  
           (b) If an applicant married couple or recipient married 
        couple who live together, does not reside with others, the state 
        standard of assistance is $557. 
           (c) If an applicant or recipient resides with another 
        person or persons, the state standard of assistance is $286. 
           (d) If an applicant married couple or recipient married 
        couple who live together, resides with others, the state 
        standard of assistance is $371. 
           (e) Married couples, living together and receiving MSA on 
        January 1, 1994, and whose eligibility has not been terminated a 
        full calendar month, are exempt from the standards in paragraphs 
        (b) and (d). 
           Sec. 32.  Minnesota Statutes 1993 Supplement, section 
        257.67, subdivision 3, is amended to read: 
           Subd. 3.  Willful failure to obey the judgment or order of 
        the court is a contempt of the court.  All remedies for the 
        enforcement of judgments apply including those available under 
        chapters 518 and 518C and sections 256.871 to 256.878.  
           Sec. 33.  Minnesota Statutes 1992, section 260.151, 
        subdivision 1, is amended to read: 
           Subdivision 1.  Upon request of the court the county 
        welfare board or probation officer shall investigate the 
        personal and family history and environment of any minor coming 
        within the jurisdiction of the court under section 260.111 and 
        shall report its findings to the court.  The court may order any 
        minor coming within its jurisdiction to be examined by a duly 
        qualified physician, psychiatrist, or psychologist appointed by 
        the court.  
           The court shall have a chemical use assessment conducted 
        when a child is (1) found to be delinquent for violating a 
        provision of chapter 152, or for committing a felony-level 
        violation of a provision of chapter 609 if the probation officer 
        determines that alcohol or drug use was a contributing factor in 
        the commission of the offense, or (2) alleged to be delinquent 
        for violating a provision of chapter 152, if the child is being 
        held in custody under a detention order.  The assessor's 
        qualifications and the assessment criteria shall comply with 
        Minnesota Rules, parts 9530.6600 to 9530.6655.  If funds under 
        chapter 254B are to be used to pay for the recommended 
        treatment, the assessment and placement must comply with all 
        provisions of Minnesota Rules, parts 9530.6600 to 9530.6655 and 
        9530.7000 to 9530.7030.  The commissioner of public safety human 
        services shall reimburse the court for the cost of the chemical 
        use assessment, up to a maximum of $100. 
           With the consent of the commissioner of corrections and 
        agreement of the county to pay the costs thereof, the court may, 
        by order, place a minor coming within its jurisdiction in an 
        institution maintained by the commissioner for the detention, 
        diagnosis, custody and treatment of persons adjudicated to be 
        delinquent, in order that the condition of the minor be given 
        due consideration in the disposition of the case.  Adoption 
        investigations shall be conducted in accordance with the laws 
        relating to adoptions.  Any funds received under the provisions 
        of this subdivision shall not cancel until the end of the fiscal 
        year immediately following the fiscal year in which the funds 
        were received.  The funds are available for use by the 
        commissioner of corrections during that period and are hereby 
        appropriated annually to the commissioner of corrections as 
        reimbursement of the costs of providing these services to the 
        juvenile courts. 
           Sec. 34.  Minnesota Statutes 1993 Supplement, section 
        268.92, subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] For the purposes of this 
        section, the following terms have the meanings given them. 
           (a) "Certified worker" means a lead abatement worker 
        certified by the commissioner of health under section 144.878, 
        subdivision 5. 
           (b) "Certified trainer" means a lead trainer certified by 
        the commissioner of health under section 144.878, subdivision 5. 
           (c) (b) "Certified worker" means a lead abatement worker 
        certified by the commissioner of health under section 144.878, 
        subdivision 5. 
           (d) (c) "Commissioner" means the commissioner of jobs and 
        training. 
           (e) (d) "Eligible organization" means a licensed 
        contractor, certified trainer, city, board of health, community 
        health department, community action agency as defined in section 
        268.52, or community development corporation. 
           (f) (e) "High risk for toxic lead exposure" has the meaning 
        given in section 144.871, subdivision 7a. 
           (g) (f) "Licensed contractor" means a contractor licensed 
        by the department of health under section 144.876. 
           (h) (g) "Removal and replacement abatement" means lead 
        abatement on residential property that requires retrofitting and 
        conforms to the rules established under section 144.878. 
           (i) (h) "Swab team" has the meaning given in section 
        144.871, subdivision 9. 
           Sec. 35.  Minnesota Statutes 1993 Supplement, section 
        296.035, is amended to read: 
           296.035 [CREDIT FOR REREFINED WASTE OIL.] 
           A licensed distributor or a special fuel dealer, either of 
        which elects to pay the tax under section 296.12, subdivision 3a 
        3, at the time special fuel is sold or delivered into the supply 
        tank of a licensed motor vehicle, is allowed a credit of ten 
        cents per gallon for each gallon of rerefined waste oil sold or 
        delivered into the supply tank of a licensed motor vehicle.  A 
        credit of ten cents per gallon is allowed a licensed distributor 
        or special fuel dealer for each gallon of rerefined waste oil 
        delivered into the storage tank of a retail service station 
        operated by the distributor or a special fuel dealer, if either 
        the distributor or special fuel dealer does not elect to pay the 
        tax under section 296.12, subdivision 3a 3, at the time special 
        fuel is sold or delivered into the supply tank of a licensed 
        motor vehicle.  Bulk purchasers are allowed a credit of ten 
        cents per gallon for each gallon of rerefined waste oil that is 
        purchased by them and used in a licensed motor vehicle. 
           Sec. 36.  Minnesota Statutes 1992, section 299C.61, 
        subdivision 4, is amended to read: 
           Subd. 4.  [CHILD ABUSE CRIME.] "Child abuse crime" means:  
           (1) an act committed against a minor victim that 
        constitutes a violation of section 609.185, clause (5); 609.221; 
        609.222; 609.223; 609.224; 609.322; 609.323; 609.324; 609.342; 
        609.343; 609.344; 609.345; 609.352; 609.377; or 609.378; or 
           (2) a violation of section 152.021, subdivision 1, clause 
        (4); 152.022, subdivision 1, clause (5) or (6); 152.023, 
        subdivision 1, clause (3) or (4); 152.023, subdivision 2, clause 
        (5) (4) or (7) (6); or 152.024, subdivision 1, clause (2), (3), 
        or (4). 
           Sec. 37.  Minnesota Statutes 1992, section 309.53, 
        subdivision 2, is amended to read: 
           Subd. 2.  Such annual report shall include a financial 
        statement covering the immediately preceding 12-month period of 
        operation, and shall be executed by any two duly constituted 
        officers of the charitable organization, who shall acknowledge 
        that it was executed pursuant to resolution of the board of 
        directors or trustees, or if there be no such board, then by its 
        managing group which has approved the content of the annual 
        report.  This annual report shall also include a copy of any tax 
        return, including amendments, submitted by the charitable 
        organization to the Internal Revenue Service for the period 
        covered by the annual report.  
           A charitable organization which files the annual report 
        required under this subdivision with the attorney general is not 
        required to file the tax return with the commissioner of 
        revenue.  An organization which fails to file the tax return 
        required under this section is subject to the penalties imposed 
        by the commissioner of revenue as set forth in section 290.05, 
        subdivisions 4 and 5 sections 289A.60, subdivision 9, and 
        289A.63, subdivision 1.  
           Sec. 38.  Minnesota Statutes 1993 Supplement, section 
        325F.755, subdivision 5, is amended to read: 
           Subd. 5.  [EXEMPTIONS.] This section does not apply to 
        solicitations or representations, in connection with (1) the 
        sale or purchase of books, recordings, videocassettes, 
        periodicals, and similar goods through a membership group or 
        club which is regulated by the Federal Trade Commission pursuant 
        to Code of Federal Regulations, title 16, part 425.1, concerning 
        use of negative option plans by sellers in commerce; (2) the 
        sale or purchase of goods ordered through a contractual plan or 
        arrangement such as a continuity plan, subscription management 
        arrangement, or a single sale or purchase series arrangement 
        under which the seller ships goods to a consumer who has 
        consented in advance to receive the goods and after the receipt 
        of the goods is given the opportunity to examine the goods and 
        to receive a full refund of charges for the goods upon return of 
        the goods undamaged; or (3) sales by a catalog seller.  For 
        purposes of this section "catalog seller" shall mean any entity 
        (and its subsidiaries) or person at least 50 percent of whose 
        annual revenues are derived from the sale of products sold in 
        connection with the distribution of catalogs of at least 24 
        pages, which contain written descriptions or illustrations and 
        sale prices for each item of merchandise and which are 
        distributed in more than one state with a total annual 
        distribution of at least 250,000. 
           Sec. 39.  Minnesota Statutes 1993 Supplement, section 
        326.111, subdivision 4, is amended to read: 
           Subd. 4.  [ACTIONS AGAINST APPLICANTS AND LICENSEES.] (a) 
        The board may, by order, deny, refuse to renew, suspend, 
        temporarily suspend, or revoke the application, license, or 
        certification of a person; censure or reprimand that person; 
        condition or limit the person's practice; refuse to permit a 
        person to sit for examination; or refuse to release the person's 
        examination grades if the board finds that the order is in the 
        public interest and the applicant, licensee, or certificate 
        holder: 
           (1) has violated a statute, rule, or order that the board 
        has issued or is empowered to enforce; 
           (2) has engaged in conduct or acts that are fraudulent, 
        deceptive, or dishonest whether or not the conduct or acts 
        relate to the practice of architecture, engineering, land 
        surveying, landscape architecture, or certified interior design, 
        providing that the fraudulent, deceptive, or dishonest conduct 
        or acts reflect adversely on the person's ability or fitness to 
        engage in the practice of architecture, engineering, land 
        surveying, landscape architecture, or certified interior design; 
           (3) has engaged in conduct or acts that are negligent or 
        otherwise in violation of the standards established by Minnesota 
        Rules, parts 1100.1800 and 1100.1805 chapters 1800 and 1805, 
        where the conduct or acts relate to the practice of 
        architecture, engineering, land surveying, landscape 
        architecture, or use of the title certified interior designer; 
           (4) has been convicted of or has pled guilty or nolo 
        contendere to a felony, an element of which is dishonesty or 
        fraud, whether or not the person admits guilt, or has been shown 
        to have engaged in acts or practices tending to show that the 
        applicant or licensee is incompetent or has engaged in conduct 
        reflecting adversely on the person's ability or fitness to 
        engage in the practice of architecture, engineering, land 
        surveying, landscape architecture, or use of the title certified 
        interior designer; 
           (5) employed fraud or deception in obtaining a certificate, 
        license, renewal, or reinstatement or in passing all or a 
        portion of the examination; 
           (6) has had the person's architecture, engineering, land 
        surveying, landscape architecture, or interior design license, 
        certificate, right to examine, or other similar authority 
        revoked, suspended, canceled, limited, or not renewed for cause 
        in any state, commonwealth, or territory of the United States, 
        in the District of Columbia, or in any foreign country; 
           (7) has had the person's right to practice before any 
        federal, state, or other government agency revoked, suspended, 
        canceled, limited, or not renewed; 
           (8) failed to meet any requirement for the issuance or 
        renewal of the person's license or certificate; 
           (9) has attached the person's seal or signature to a plan, 
        specification, report, plat, or other architectural, 
        engineering, land surveying, landscape architectural, or 
        interior design document not prepared by the person sealing or 
        signing it or under that person's direct supervision; or 
           (10) with respect to temporary suspension orders, has 
        committed an act, engaged in conduct, or committed practices 
        that may, or has in the opinion of the board, or the complaint 
        committee if authorized by the board, resulted in an immediate 
        threat to the public. 
           (b) In lieu of or in addition to any remedy provided in 
        paragraph (a), the board may require, as a condition of 
        continued licensure, possession of certificate, termination of 
        suspension, reinstatement of license or certificate, 
        examination, or release of examination grades, that the person:  
           (1) submit to a quality review of the person's ability, 
        skills, or quality of work, conducted in such fashion and by 
        such persons, entity, or entities as the board may require 
        including, but not limited to, remedial education courses; and 
           (2) complete to the satisfaction of the board such 
        continuing professional education courses as the board may 
        specify by rule. 
           (c) Service of the order is effective if the order is 
        served on the licensee, certificate holder, applicant, person, 
        or counsel of record personally or by certified mail, to the 
        most recent address provided to the board for the licensee, 
        certificate holder, applicant, person, or counsel of record.  
        The order shall state the reasons for the entry of the order.  
           (d) All hearings required by this section shall be 
        conducted in accordance with chapter 14, except with respect to 
        temporary suspension orders, as provided for in subdivision 5, 
        paragraph (d). 
           Sec. 40.  Minnesota Statutes 1992, section 326.212, is 
        amended to read: 
           326.212 [PERMITTED ACTS.] 
           Subdivision 1.  [EMPLOYEES; ASSISTANTS.] Nothing contained 
        in sections 326.17 to 326.229 shall prohibit any person not a 
        certified public accountant or licensed public accountant from 
        serving as an employee of, or an assistant to, a certified 
        public accountant or licensed public accountant, or partnership 
        or corporation composed of certified public accountants or 
        licensed public accountants, provided that the person shall not 
        issue any accounting or financial statement over the person's 
        name. 
           Subd. 2.  [CERTIFIED BUT NOT LICENSED C.P.A., L.P.A.] The 
        board, by rule, may permit persons holding a certificate issued 
        pursuant to section 326.19, but who do not hold a current 
        license, to assume or use the title or designation "certified 
        public accountant" or "licensed public accountant," or the 
        abbreviation "C.P.A.," "L.P.A.," or other title, designation, 
        words, letters, abbreviation, sign, card, or device tending to 
        indicate that the person is a certified public accountant or 
        licensed public accountant, provided (a) that the board has not 
        revoked, suspended, or refused to renew a license previously 
        issued to the person; (b) that the assumption or use is not 
        incident to the practice of public accountancy; and (c) that the 
        assumption or use is not in conjunction with or incident to any 
        opinion or certificate within the purview of section 326.211, 
        subdivision 6. 
           Subd. 3.  [CORPORATIONS PERFORMING UNAUDITED ACCOUNTING 
        SERVICES.] Nothing contained in Laws 1979, chapter 326, sections 
        1 to 13 326.165 to 326.229 shall prohibit any corporation from 
        performing accounting services incident to a commercial 
        relationship with another corporation, cooperative association, 
        or cooperative corporation involving either the extension of 
        credit or the performance of sales, purchasing, or marketing 
        functions if any financial reports prepared incident thereto are 
        marked "Unaudited" and disclose the identity of the preparer and 
        its lack of independence.  
           Subd. 4.  [PERSONS PREPARING UNAUDITED FINANCIAL 
        STATEMENTS.] Nothing contained in Laws 1979, chapter 326, 
        sections 1 to 13 326.165 to 326.229 shall prohibit any person, 
        partnership or corporation, not licensed under Laws 1979, 
        chapter 326, sections 1 to 13 326.165 to 326.229, from preparing 
        and presenting unaudited financial statements and unaudited 
        schedules on printed forms or the letterheads of the preparer if 
        they are clearly marked on each page, "Unaudited."  
           Subd. 5.  [TAX RETURNS.] Nothing contained in Laws 1979, 
        chapter 326, sections 1 to 13 326.165 to 326.229 shall prohibit 
        any person, partnership or corporation, not licensed under Laws 
        1979, chapter 326, sections 1 to 13 326.165 to 326.229, from 
        preparing tax returns.  
           Sec. 41.  Minnesota Statutes 1992, section 326.224, is 
        amended to read: 
           326.224 [SINGLE ACT EVIDENCE OF PRACTICE.] 
           Displaying or presenting a card, sign, advertisement, or 
        other printed, engraved, or written instrument or device bearing 
        a person's name in conjunction with the words "certified public 
        accountant" or any abbreviation thereof, or "licensed public 
        accountant" or any abbreviation thereof, except as permitted by 
        Laws 1979, chapter 326, sections 1 to 13 326.165 to 326.229, 
        shall be prima facie evidence in any action brought under 
        sections 326.17 326.165 to 326.229 and Laws 1979, chapter 326, 
        sections 1 to 12 that the person whose name is so displayed 
        caused or procured the displaying or presenting of the card, 
        sign, advertisement, or other printed, engraved, or written 
        instrument or device, and that the person is holding out to be a 
        certified public accountant or a licensed public accountant.  In 
        any action evidence of the commission of a single act prohibited 
        by Laws 1979, chapter 326, sections 1 to 13 and Minnesota 
        Statutes, sections 326.17 326.165 to 326.229 shall be sufficient 
        to justify an injunction or a conviction without evidence of a 
        general course of conduct. 
           Sec. 42.  Minnesota Statutes 1992, section 326.461, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SCOPE.] For the purpose of Laws 1984, 
        chapter 481, sections 1 to 6 326.46 to 326.521, the following 
        terms have the meanings given them.  
           Sec. 43.  Minnesota Statutes 1992, section 327.32, 
        subdivision 8, is amended to read: 
           Subd. 8.  [EVIDENCE OF COMPLIANCE.] Each manufacturer, 
        distributor, and dealer shall establish and maintain records, 
        make reports, and provide information as the commissioner or the 
        secretary may reasonably require to be able to determine whether 
        the manufacturer, distributor, or dealer has acted or is acting 
        in compliance with sections 327.31 to 327.34, Laws 1981, chapter 
        365, section 5, and sections 327.51 to 327.55 327.35, and shall, 
        upon request of a person duly designated by the commissioner or 
        the secretary, permit that person to inspect appropriate books, 
        papers, records, and documents relevant to determining whether 
        that manufacturer, distributor, or dealer has acted or is acting 
        in compliance with sections 327.31 to 327.34, Laws 1981, chapter 
        365, section 5, sections 327.51 to 327.55 327.35, and the 
        National Manufactured Home Construction and Safety Standards Act 
        of 1974, United States Code, title 42, section 5401, et seq., as 
        amended, or other applicable federal or state law. 
           Sec. 44.  Minnesota Statutes 1992, section 327.33, is 
        amended to read: 
           327.33 [ADMINISTRATION.] 
           Subdivision 1.  [INSPECTIONS.] The commissioner shall, 
        through the department's inspectors or through a designated 
        recognized inspection service acting as authorized 
        representative of the commissioner perform sufficient 
        inspections of manufacturing premises and manufactured homes to 
        ensure compliance with sections 327.31 to 327.34 and Laws 1981, 
        chapter 365, section 5 327.35.  The commissioner shall have the 
        exclusive right to conduct inspections, except for the 
        inspections conducted or authorized by the secretary. 
           Subd. 2.  [FEES.] The commissioner shall by rule establish 
        reasonable fees for seals, installation seals and inspections 
        which are sufficient to cover all costs incurred in the 
        administration of sections 327.31 to 327.34, Laws 1981, chapter 
        365, section 5, and sections 327.51 to 327.55 327.35.  The 
        commissioner shall also establish by rule a monitoring 
        inspection fee in an amount that will comply with the 
        secretary's fee distribution program.  This monitoring 
        inspection fee shall be an amount paid by the manufacturer for 
        each manufactured home produced in Minnesota.  The monitoring 
        inspection fee shall be paid by the manufacturer to the 
        secretary.  The rules of the fee distribution program require 
        the secretary to distribute the fees collected from all 
        manufactured home manufacturers among states approved and 
        conditionally approved based on the number of new manufactured 
        homes whose first location after leaving the manufacturer is on 
        the premises of a distributor, dealer or purchaser in that 
        state.  All fees received by the commissioner shall be deposited 
        in the state treasury and credited to the general fund. 
           Subd. 3.  [ADMINISTRATION AND ENFORCEMENT RULES.] The 
        commissioner may adopt other rules as may be necessary to 
        administer and enforce sections 327.31 to 327.34 and Laws 1981, 
        chapter 365, section 5 327.35.  The rules shall, to the extent 
        practicable, be uniform with those adopted by other states.  All 
        rules shall be adopted in the manner prescribed by sections 
        14.001 to 14.69. 
           Subd. 4.  [INSTALLATION RULES.] The commissioner shall 
        adopt rules governing the installation of manufactured homes, 
        and shall include them in the state building code.  The rules 
        may include a list of specific safety items to be inspected at 
        the time of installation.  
           Subd. 5.  [ACCESSORY STRUCTURES RULES.] The commissioner 
        shall adopt rules governing the construction and installation of 
        manufactured home accessory structures including, but not 
        limited to, rules relating to the certification of prefabricated 
        manufactured home accessory structures.  Upon showing that 
        another state provides for certification of prefabricated 
        manufactured home accessory structures manufactured in 
        compliance with standards at least equal to those established by 
        the commissioner, the commissioner may by rule provide that any 
        structure bearing certification affixed under the authority of 
        that state shall not be required to bear the certification of 
        this state.  
           Subd. 6.  [AUTHORIZATION AS AGENCY.] The commissioner shall 
        apply to the secretary for approval of the commissioner as the 
        administrative agency for the regulation of manufactured homes 
        under the rules of the secretary.  The commissioner may make 
        rules for the administration and enforcement of department 
        responsibilities as a state administrative agency including, but 
        not limited to, rules for the handling of citizen's complaints.  
        All money received for services provided by the commissioner or 
        the department's authorized agents as a state administrative 
        agency shall be deposited in the general fund.  The commissioner 
        is charged with the adoption, administration, and enforcement of 
        the Manufactured Home Construction and Safety Standards, 
        consistent with rules and regulations promulgated by the United 
        States Department of Housing and Urban Development.  The 
        commissioner may adopt the rules, codes, and standards necessary 
        to enforce the standards promulgated under this section.  The 
        commissioner is authorized to conduct hearings and presentations 
        of views consistent with regulations adopted by the United 
        States Department of Housing and Urban Development and to adopt 
        rules in order to carry out this function.  
           Subd. 7.  [EMPLOYEES.] The commissioner may appoint such 
        employees within the department of administration as deemed 
        necessary for the administration of sections 327.31 to 327.34, 
        Laws 1981, chapter 365, section 5, and sections 327.51 to 327.55 
        327.35. 
           Sec. 45.  Minnesota Statutes 1992, section 327.34, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERALLY.] It shall be a misdemeanor for 
        any person, 
           (a) to sell, lease, or offer to sell or lease, any 
        manufactured home manufactured after July 1, 1972 which does not 
        comply with the manufactured home building code or which does 
        not bear a seal or label as required by sections 327.31 to 
        327.34, unless the action is subject to the provisions of Laws 
        1981, chapter 365, section 5 section 327.35; 
           (b) to affix a seal or label, or cause a seal or label to 
        be affixed, to any manufactured home which does not comply with 
        the manufactured home building code unless the action is subject 
        to the provisions of Laws 1981, chapter 365, section 5 section 
        327.35; 
           (c) to alter a manufactured home manufactured after July 1, 
        1972, in a manner prohibited by sections 327.31 to 327.34; 
           (d) to fail to correct a manufactured home building code 
        violation in a manufactured home manufactured after July 1, 
        1972, which is owned, manufactured, or sold by that person, 
        within 40 days of being ordered to do so in writing by an 
        authorized representative of the commissioner, unless the 
        correction is subject to the provisions of Laws 1981, chapter 
        365, section 5 section 327.35; or 
           (e) to interfere with, obstruct, or hinder any authorized 
        representative of the commissioner in the performance of duties 
        relating to manufactured homes manufactured after July 1, 1972, 
        and prior to June 15, 1976. 
           Sec. 46.  Minnesota Statutes 1992, section 348.13, is 
        amended to read: 
           348.13 [BOUNTIES PAID BY TOWNS, REQUIREMENTS.] 
           The four feet of striped and gray gophers and woodchucks, 
        and both front feet of pocket gophers shall be produced to the 
        chair of the town board of the town where they were killed, and 
        if the chair shall be satisfied that they were killed within the 
        designated territory and by the person producing them, the chair 
        shall certify to the county auditor the number of each kind so 
        killed.  The certificate shall be issued by the chair of the 
        town board at the end of each month and shall show the names of 
        all persons entitled to bounty for the preceding month, the 
        number of each kind of animals killed, and the amount of bounty 
        that each person is entitled to receive.  The county auditor 
        shall issue thereon a warrant on the county treasurer payable to 
        the chair of the town board who issued the certificate, for the 
        full amount of the bounty allowed by law according to the 
        certificate, and upon receipt of the warrant the chair shall pay 
        the proper persons the bounty allowed by law for the preceding 
        month.  
           The chair to whom such feet are produced shall immediately 
        cause such feet to be destroyed. 
           Any town board may also offer a bounty for the destruction 
        of the animals or birds described in section 348.12 and adopt 
        rules for the payment thereof, which bounty so offered by a town 
        shall be in addition to any bounty which may be offered by the 
        board of county commissioners.  
           The town board of any town located in any county having 
        over 45,000 and less than 49,000 inhabitants according to the 
        1950 federal census, may by resolution require that the tail 
        instead of the feet of striped, gray and pocket gophers be 
        produced.  
           Sec. 47.  Minnesota Statutes 1993 Supplement, section 
        349.217, subdivision 1, is amended to read: 
           Subdivision 1.  [PENALTY FOR FAILURE TO PAY TAX.] If a tax 
        is not paid within the time specified for payment, a penalty is 
        added to the amount required to be shown as tax.  The penalty is 
        five percent of the unpaid tax if the failure is for not more 
        than 30 days, with an additional penalty of five percent of the 
        amount of tax remaining unpaid during each additional 30 days or 
        fraction of 30 days during which the failure continues, not 
        exceeding 15 percent in the aggregate. 
           If the taxpayer has not filed a return, for purposes of 
        this subdivision the time specified for payment is the final 
        date a return should have been filed. 
           Sec. 48.  [REPEALER.] 
           Minnesota Statutes 1992, section 385.08, is repealed. 
           Sec. 49.  Minnesota Statutes 1992, section 386.61, is 
        amended by adding a subdivision to read: 
           Subd. 4.  "Commissioner" means the commissioner of commerce.
           Sec. 50.  Minnesota Statutes 1993 Supplement, section 
        386.66, is amended to read: 
           386.66 [BOND OR ABSTRACTER'S LIABILITY INSURANCE POLICY.] 
           Before a license shall be issued, the applicant shall file 
        with the commissioner a bond or abstracter's liability insurance 
        policy to be approved by the commissioner, running to the state 
        of Minnesota in the penal sum of at least $100,000 conditioned 
        for the payment by such abstracter of any damages that may be 
        sustained by or accrue to any person by reason of or on account 
        of any error, deficiency or mistake arising wrongfully or 
        negligently in any abstract, or continuation thereof, or in any 
        certificate showing ownership of, or interest in, or liens upon 
        any lands in the state of Minnesota, whether registered or not, 
        made by and issued by such abstracter, provided however, that 
        the aggregate liability of the surety to all persons under such 
        bond shall in no event exceed the amount of such bond.  In any 
        county having more than 200,000 inhabitants the bond or 
        insurance policy required herein shall be in the penal sum of at 
        least $250,000.  Applicants that are title insurance companies 
        regulated by chapter 68A and licensed pursuant to sections 
        60A.02 and 60A.06, subdivision 1, clause (7), and their 
        employees or those having cash or securities or on deposit with 
        the state of Minnesota in an amount equal to the said bond or 
        insurance policy shall be exempt from furnishing the bond or an 
        insurance policy herein required but shall be liable to the same 
        extent as if a bond or insurance policy has been given and 
        filed.  The bond or insurance policy required hereunder shall be 
        written by some surety or other company authorized to do 
        business in this state issuing bonds or abstracter's liability 
        insurance policies and shall be issued for a period of one or 
        more years, and renewed for one or more years at the date of 
        expiration as principal continues in business.  The aggregate 
        liability of such surety on such bond or insurance policy for 
        all damages shall, in no event, exceed the sum of said bond or 
        insurance policy. 
           Sec. 51.  Minnesota Statutes 1992, section 446A.07, 
        subdivision 6, is amended to read: 
           Subd. 6.  [AWARD AND TERMS OF LOANS.] The authority shall 
        award loans to those municipalities and other entities certified 
        by the agency.  The terms and conditions of the loans must be in 
        conformance with the Federal Water Pollution Control Act, this 
        section, and rules of the authority and the agency, and 
        authority adopted under this section. 
           Sec. 52.  Minnesota Statutes 1992, section 449.06, is 
        amended to read: 
           449.06 [ENTERTAINMENT TAX IN CITIES OF THE FOURTH CLASS.] 
           The governing body of any city of the fourth class 
        operating under a home rule charter of or commission form of 
        government may levy a tax not exceeding 0.01209 percent of 
        taxable market value for the purpose of providing musical 
        entertainments to the public in public buildings or upon public 
        grounds.  The total sum that may be levied or expended in any 
        year shall not exceed $3,500.  
           Sec. 53.  Minnesota Statutes 1992, section 469.174, 
        subdivision 10, is amended to read: 
           Subd. 10.  [REDEVELOPMENT DISTRICT.] (a) "Redevelopment 
        district" means a type of tax increment financing district 
        consisting of a project, or portions of a project, within which 
        the authority finds by resolution that one of the following 
        conditions, reasonably distributed throughout the district, 
        exists: 
           (1) parcels consisting of 70 percent of the area of the 
        district are occupied by buildings, streets, utilities, or other 
        improvements and more than 50 percent of the buildings, not 
        including outbuildings, are structurally substandard to a degree 
        requiring substantial renovation or clearance; or 
           (2) the property consists of vacant, unused, underused, 
        inappropriately used, or infrequently used railyards, rail 
        storage facilities, or excessive or vacated railroad 
        rights-of-way. 
           (b) For purposes of this subdivision, "structurally 
        substandard" shall mean containing defects in structural 
        elements or a combination of deficiencies in essential utilities 
        and facilities, light and ventilation, fire protection including 
        adequate egress, layout and condition of interior partitions, or 
        similar factors, which defects or deficiencies are of sufficient 
        total significance to justify substantial renovation or 
        clearance.  
           A building is not structurally substandard if it is in 
        compliance with the building code applicable to new buildings or 
        could be modified to satisfy the building code at a cost of less 
        than 15 percent of the cost of constructing a new structure of 
        the same square footage and type on the site.  The municipality 
        may find that a building is not disqualified as structurally 
        substandard under the preceding sentence on the basis of 
        reasonably available evidence, such as the size, type, and age 
        of the building, the average cost of plumbing, electrical, or 
        structural repairs, or other similar reliable evidence.  If the 
        evidence supports a reasonable conclusion that the building is 
        not disqualified as structurally substandard, the municipality 
        may make such a determination without an interior inspection or 
        an independent, expert appraisal of the cost of repair and 
        rehabilitation of the building. 
           A parcel is deemed to be occupied by a structurally 
        substandard building for purposes of the finding under paragraph 
        (a) if all of the following conditions are met: 
           (1) the parcel was occupied by a substandard building 
        within three years of the filing of the request for 
        certification of the parcel as part of the district with the 
        county auditor; 
           (2) the substandard building was demolished or removed by 
        the authority or the demolition or removal was financed by the 
        authority or was done by a developer under a development 
        agreement with the authority; 
           (3) the authority found by resolution before the demolition 
        or removal that the parcel was occupied by a structurally 
        substandard building and that after demolition and clearance the 
        authority intended to include the parcel within a district; and 
           (4) upon filing the request for certification of the tax 
        capacity of the parcel as part of a district, the authority 
        notifies the county auditor that the original tax capacity of 
        the parcel must be adjusted as provided by section 469.177, 
        subdivision 1, paragraph (h). 
           (c) For purposes of this subdivision, a parcel is not 
        occupied by buildings, streets, utilities, or other improvements 
        unless 15 percent of the area of the parcel contains 
        improvements. 
           (d) For districts consisting of two or more noncontiguous 
        areas, each area must qualify as a redevelopment district under 
        paragraph (a), clauses (1) to (3), to be included in the 
        district, and the entire area of the district must satisfy 
        paragraph (a). 
           Sec. 54.  Minnesota Statutes 1992, section 469.181, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [APPLICATION.] A developer proposing to 
        construct improvements on property located within an industrial 
        development district as defined in section 469.058, subdivision 
        1; an economic development district as defined in section 
        469.101, subdivision 1; a development district as defined in 
        section 469.125, subdivision 8 9, or any special law; or a 
        redevelopment project as defined in section 469.002, subdivision 
        12 14, may apply to the governing body of the city or 
        municipality in which the property is located to obtain deferral 
        of property tax on the improved property, stating the nature and 
        location of the proposed improvement, its estimated cost, and 
        the projected length of construction time.  If the governing 
        body finds that the proposed development is consistent with the 
        requirements of the above referred sections, it may approve the 
        application.  If the application is approved by June 30, the tax 
        exemption shall be in effect for taxes paid the following year; 
        if it is approved later than June 30, the exemption shall be in 
        effect for taxes paid in the second subsequent year.  
           Sec. 55.  Minnesota Statutes 1992, section 471A.11, is 
        amended to read: 
           471A.11 [REGULATION OF RATES AND CHARGES AND PUBLIC UTILITY 
        LAWS.] 
           A municipality may regulate by ordinance, contract, or 
        otherwise the rates and charges imposed by the private vendor 
        with respect to any capital intensive public services provided 
        to the public under the service contract.  Whether or not the 
        imposition of such rates and charges is so regulated, no capital 
        intensive public services provided under the service contract 
        are subject to regulation under the provisions of chapter 216B, 
        unless the municipality elects to subject the services to 
        regulation under that chapter.  An election for regulation may 
        be affected made by resolution of the governing body of the 
        municipality requesting regulation and filing the resolution 
        with the state public utilities commission. 
           Sec. 56.  [REPEALER.] 
           Minnesota Statutes 1992, section 473.872, is repealed.  
           Sec. 57.  Minnesota Statutes 1993 Supplement, section 
        491A.01, subdivision 3, is amended to read: 
           Subd. 3.  [JURISDICTION; GENERAL.] (a) Except as provided 
        in subdivisions 4 and 5, the conciliation court has jurisdiction 
        to hear, conciliate, try, and determine civil claims if the 
        amount of money or property that is the subject matter of the 
        claim does not exceed $6,000, or, on and after July 1, 1994, 
        $7,500, or $4,000 if the claim involves a consumer credit 
        transaction.  "Consumer credit transaction" means a sale of 
        personal property, or a loan arranged to facilitate the purchase 
        of personal property, in which: 
           (1) credit is granted by a seller or a lender who regularly 
        engages as a seller or lender in credit transactions of the same 
        kind; 
           (2) the buyer is a natural person; 
           (3) the claimant is the seller or lender in the 
        transaction; and 
           (4) the personal property is purchased primarily for a 
        personal, family, or household purpose and not for a commercial, 
        agricultural, or business purpose. 
           (b) Except as otherwise provided in this subdivision and 
        subdivisions 5 to 10, the territorial jurisdiction of 
        conciliation court is coextensive with the county in which the 
        court is established.  The summons in a conciliation court 
        action under subdivisions 6 to 10 may be served anywhere in the 
        state, and the summons in a conciliation court action under 
        subdivision 7, paragraph (b), may be served outside the state in 
        the manner provided by law.  The court administrator shall serve 
        the summons in a conciliation court action by first class mail, 
        except that if the amount of money or property that is the 
        subject of the claim exceeds $2,500, the summons must be served 
        by the plaintiff by certified mail, and service on nonresident 
        defendants must be made in accordance with applicable law or 
        rule.  Subpoenas to secure the attendance of nonparty witnesses 
        and the production of documents at trial may be served anywhere 
        within the state in the manner provided by law. 
           When a court administrator is required to summon the 
        defendant by certified mail under this paragraph, the summons 
        may be made by personal service in the manner provided in the 
        rules of civil procedure for personal service of a summons of 
        the district court as an alternative to service by certified 
        mail. 
           Sec. 58.  Minnesota Statutes 1993 Supplement, section 
        549.09, subdivision 1, is amended to read: 
           Subdivision 1.  [WHEN OWED; RATE.] (a) When a judgment or 
        award is for the recovery of money, including a judgment for the 
        recovery of taxes, interest from the time of the verdict, award, 
        or report until judgment is finally entered shall be computed by 
        the court administrator or arbitrator as provided in clause (c) 
        and added to the judgment or award.  
           (b) Except as otherwise provided by contract or allowed by 
        law, preverdict, preaward, or prereport interest on pecuniary 
        damages shall be computed as provided in clause (c) from the 
        time of the commencement of the action or a demand for 
        arbitration, or the time of a written notice of claim, whichever 
        occurs first, except as provided herein.  The action must be 
        commenced within two years of a written notice of claim for 
        interest to begin to accrue from the time of the notice of 
        claim.  If either party serves a written offer of settlement, 
        the other party may serve a written acceptance or a written 
        counteroffer within 30 days.  After that time, interest on the 
        judgment or award shall be calculated by the judge or arbitrator 
        in the following manner.  The prevailing party shall receive 
        interest on any judgment or award from the time of commencement 
        of the action or a demand for arbitration, or the time of a 
        written notice of claim, or as to special damages from the time 
        when special damages were incurred, if later, until the time of 
        verdict, award, or report only if the amount of its offer is 
        closer to the judgment or award than the amount of the opposing 
        party's offer.  If the amount of the losing party's offer was 
        closer to the judgment or award than the prevailing party's 
        offer, the prevailing party shall receive interest only on the 
        amount of the settlement offer or the judgment or award, 
        whichever is less, and only from the time of commencement of the 
        action or a demand for arbitration, or the time of a written 
        notice of claim, or as to special damages from when the special 
        damages were incurred, if later, until the time the settlement 
        offer was made.  Subsequent offers and counteroffers supersede 
        the legal effect of earlier offers and counteroffers.  For the 
        purposes of clause (3) (2), the amount of settlement offer must 
        be allocated between past and future damages in the same 
        proportion as determined by the trier of fact.  Except as 
        otherwise provided by contract or allowed by law, preverdict, 
        preaward, or prereport interest shall not be awarded on the 
        following:  
           (1) judgments, awards, or benefits in workers' compensation 
        cases, but not including third-party actions; 
           (2) judgments or awards for future damages; 
           (3) punitive damages, fines, or other damages that are 
        noncompensatory in nature; 
           (4) judgments or awards not in excess of the amount 
        specified in section 491A.01; and 
           (5) that portion of any verdict, award, or report which is 
        founded upon interest, or costs, disbursements, attorney fees, 
        or other similar items added by the court or arbitrator. 
           (c) The interest shall be computed as simple interest per 
        annum.  The rate of interest shall be based on the secondary 
        market yield of one year United States treasury bills, 
        calculated on a bank discount basis as provided in this section. 
           On or before the 20th day of December of each year the 
        state court administrator shall determine the rate from the 
        secondary market yield on one year United States treasury bills 
        for the most recent calendar month, reported on a monthly basis 
        in the latest statistical release of the board of governors of 
        the federal reserve system.  This yield, rounded to the nearest 
        one percent, shall be the annual interest rate during the 
        succeeding calendar year.  The state court administrator shall 
        communicate the interest rates to the court administrators and 
        sheriffs for use in computing the interest on verdicts and shall 
        make the interest rates available to arbitrators. 
           When a judgment creditor, or the judgment creditor's 
        attorney or agent, has received a payment after entry of 
        judgment, whether the payment is made voluntarily by or on 
        behalf of the judgment debtor, or is collected by legal process 
        other than execution levy where a proper return has been filed 
        with the court administrator, the judgment creditor, or the 
        judgment creditor's attorney, before applying to the court 
        administrator for an execution shall file with the court 
        administrator an affidavit of partial satisfaction.  The 
        affidavit must state the dates and amounts of payments made upon 
        the judgment after the most recent affidavit of partial 
        satisfaction filed, if any; the part of each payment that is 
        applied to taxable disbursements and to accrued interest and to 
        the unpaid principal balance of the judgment; and the accrued, 
        but the unpaid interest owing, if any, after application of each 
        payment. 
           (d) This section does not apply to arbitrations between 
        employers and employees under chapter 179 or 179A.  An 
        arbitrator is neither required to nor prohibited from awarding 
        interest under chapter 179 or under section 179A.16 for 
        essential employees. 
           Sec. 59.  Minnesota Statutes 1993 Supplement, section 
        609.5312, subdivision 3, is amended to read: 
           Subd. 3.  [VEHICLE FORFEITURE FOR PROSTITUTION OFFENSES.] 
        (a) A motor vehicle is subject to forfeiture under this 
        subdivision if it was used to commit or facilitate, or used 
        during the commission of, a violation of section 609.324 or a 
        violation of a local ordinance substantially similar to section 
        609.324.  A motor vehicle is subject to forfeiture under this 
        subdivision only if the offense is established by proof of a 
        criminal conviction for the offense.  Except as otherwise 
        provided in this subdivision, a forfeiture under this 
        subdivision is governed by sections 609.531, 609.5312, and 
        609.5313. 
           (b) When a motor vehicle subject to forfeiture under this 
        subdivision is seized in advance of a judicial forfeiture order, 
        a hearing before a judge or referee must be held within 96 hours 
        of the seizure.  Notice of the hearing must be given to the 
        registered owner within 48 hours of the seizure.  The 
        prosecuting authority shall certify to the court, at or in 
        advance of the hearing, that it has filed or intends to file 
        charges against the alleged violator for violating section 
        609.324 or a local ordinance substantially similar to section 
        609.324.  After conducting the hearing, the court shall order 
        that the motor vehicle be returned to the owner if:  
           (1) the prosecutor has failed to make the certification 
        required by paragraph (b); 
           (2) the owner of the motor vehicle has demonstrated to the 
        court's satisfaction that the owner has a defense to the 
        forfeiture, including but not limited to the defenses contained 
        in subdivision 2; or 
           (3) the court determines that seizure of the vehicle 
        creates or would create an undue hardship for members of the 
        owner's family. 
           (d) (c) If the defendant is acquitted or prostitution 
        charges against the defendant are dismissed, neither the owner 
        nor the defendant is responsible for paying any costs associated 
        with the seizure or storage of the vehicle. 
           (e) (d) A vehicle leased or rented under section 168.27, 
        subdivision 4, for a period of 180 days or less is not subject 
        to forfeiture under this subdivision. 
           Sec. 60.  Minnesota Statutes 1993 Supplement, section 
        609.605, subdivision 1, is amended to read: 
           Subdivision 1.  [MISDEMEANOR.] (a) The following terms have 
        the meanings given them for purposes of this section. 
           (i) "Premises" means real property and any appurtenant 
        building or structure. 
           (ii) "Dwelling" means the building or part of a building 
        used by an individual as a place of residence on either a 
        full-time or a part-time basis.  A dwelling may be part of a 
        multidwelling or multipurpose building, or a manufactured home 
        as defined in section 168.011, subdivision 8. 
           (iii) "Construction site" means the site of the 
        construction, alteration, painting, or repair of a building or 
        structure. 
           (iv) "Owner or lawful possessor," as used in paragraph (b), 
        clause (8) (9), means the person on whose behalf a building or 
        dwelling is being constructed, altered, painted, or repaired and 
        the general contractor or subcontractor engaged in that work. 
           (v) "Posted," as used in clause (9), means the placement of 
        a sign at least 11 inches square in a conspicuous place on the 
        exterior of the building that is under construction, alteration, 
        or repair, and additional signs in at least two conspicuous 
        places for each ten acres being protected.  The sign must carry 
        an appropriate notice and the name of the person giving the 
        notice, followed by the word "owner" if the person giving the 
        notice is the holder of legal title to the land on which the 
        construction site is located or by the word "occupant" if the 
        person giving the notice is not the holder of legal title but is 
        a lawful occupant of the land. 
           (vi) "Business licensee," as used in paragraph (b), clause 
        (9), includes a representative of a building trades labor or 
        management organization. 
           (vii) "Building" has the meaning given in section 609.581, 
        subdivision 2. 
           (b) A person is guilty of a misdemeanor if the person 
        intentionally: 
           (1) permits domestic animals or fowls under the actor's 
        control to go on the land of another within a city; 
           (2) interferes unlawfully with a monument, sign, or pointer 
        erected or marked to designate a point of a boundary, line or a 
        political subdivision, or of a tract of land; 
           (3) trespasses on the premises of another and, without 
        claim of right, refuses to depart from the premises on demand of 
        the lawful possessor; 
           (4) occupies or enters the dwelling or locked or posted 
        building of another, without claim of right or consent of the 
        owner or the consent of one who has the right to give consent, 
        except in an emergency situation; 
           (5) enters the premises of another with intent to take or 
        injure any fruit, fruit trees, or vegetables growing on the 
        premises, without the permission of the owner or occupant; 
           (6) enters or is found on the premises of a public or 
        private cemetery without authorization during hours the cemetery 
        is posted as closed to the public; 
           (7) returns to the property of another with the intent to 
        abuse, disturb, or cause distress in or threaten another, after 
        being told to leave the property and not to return, if the actor 
        is without claim of right to the property or consent of one with 
        authority to consent; 
           (8) returns to the property of another within 30 days after 
        being told to leave the property and not to return, if the actor 
        is without claim of right to the property or consent of one with 
        authority to consent; or 
           (9) enters the locked or posted construction site of 
        another without the consent of the owner or lawful possessor, 
        unless the person is a business licensee. 
           Sec. 61.  Minnesota Statutes 1993 Supplement, section 
        609.749, subdivision 5, is amended to read: 
           Subd. 5.  [PATTERN OF HARASSING CONDUCT.] (a) A person who 
        engages in a pattern of harassing conduct with respect to a 
        single victim or one or more members of a single household in a 
        manner that would cause a reasonable person under the 
        circumstances to feel terrorized or to fear bodily harm and that 
        does cause this reaction on the part of the victim, is guilty of 
        a felony and may be sentenced to imprisonment for not more than 
        ten years or to payment of a fine of not more than $20,000, or 
        both. 
           (b) For purposes of this subdivision, a "pattern of 
        harassing conduct" means two or more acts within a five-year 
        period that violate the provisions of any of the following: 
           (1) this section; 
           (2) section 609.713; 
           (3) section 609.224; 
           (4) section 518B.01, subdivision 14; 
           (5) section 609.748, subdivision 6; 
           (6) section 609.605, subdivision 1, paragraph (a) (b), 
        clause (7); 
           (7) section 609.79; or 
           (8) section 609.795. 
           Sec. 62.  [REVISOR'S INSTRUCTION.] 
           In the next and subsequent editions of Minnesota Statutes, 
        the revisor of statutes shall substitute the term "biological 
        parent" for the term "natural parent" wherever it appears. 
           Sec. 63.  Laws 1991, chapter 306, section 26, is repealed. 
           Sec. 64.  Laws 1992, chapter 513, article 4, section 60, is 
        amended to read:  
           Sec. 60.  [REPEALER.] 
           Minnesota Statutes 1990, section 41A.051, is repealed.  
        Minnesota Statutes 1990, section 270.185, is repealed effective 
        January 1, 1993.  On that date, any balance in the reassessment 
        account of the special revenue fund is transferred to the 
        general fund.  The repeal of Minnesota Statutes 1991 Supplement, 
        section 326.991, provided for in Laws 1991, chapter 306, section 
        26, is postponed until July 31, 1994. 
                                   ARTICLE 2
                              OBSOLETE REFERENCES
           Section 1.  [REVISOR'S INSTRUCTION.] 
           In each section of Minnesota Statutes referred to in column 
        A, the revisor of statutes shall delete the reference in column 
        B and insert the reference in column C. 
            Column A            Column B            Column C 
            65A.33, subd. 1     65A.43              65A.42
            116J.557, subds. 1  216C.11 to          116J.551 to 
            and 2               216C.16             116J.557 
            120.064, subd. 8    121.901             121.904
            paragraph (h) 
            121.912, subd. 1    123.705, subd. 1    123.7045
            121.93, subd. 1     121.937             121.936
            121.931, subd. 1    121.937             121.936
            121.935, subd. 1    121.937             121.936
            121.935, subd. 2    121.90              121.904
            121.936, subd. 4a   121.90              121.904
            123.701             123.705             123.7045
            124.14, subd. 2     121.90              121.904
            124.155, subd. 2    124.331             124A.225
            124.214, subd. 2    275.125, subd. 8b   124.2711, subd. 2a
            124.214, subd. 3,   275.125, subd. 8b   124.2711, subd. 2a
            paragraph (a)
            124.36              124.47              124.46
            124.37              124.47              124.46
            124.38, subd. 1     124.47              124.46
            124.38, subd. 3     124.47              124.46
            124.39, subd. 1     124.47              124.46
            124.41, subd. 1     124.47              124.46
            124.41, subd. 2     124.47              124.46
            124.472             124.47              124.46
            124.473             124.47              124.46
            124.474             124.47              124.46
            124.476             124.47              124.46
            124.477             124.47              124.46
            124.479             124.47              124.46
            124.91, subd. 6     116J.37             216C.37
            124A.225, subd. 8a  275.125             124.226
            125.70              124C.27 to          125.701 to
                                124C.31             125.705
            126.269             126.268             126.267
            144.99, subd. 1     144.76              144.74 
            148B.27             148B.72             148B.71
            181A.04, subd. 6    124A.45             124C.45
            277.21, subd. 1     274.19              273.125
            290A.03, subd. 6    274.19              273.125
            298.27              336A.4A-401         336.4A-401 
           Sec. 2.  Minnesota Statutes 1993 Supplement, section 
        16B.06, subdivision 2a, is amended to read: 
           Subd. 2a.  [EXCEPTION.] The requirements of subdivision 2 
        do not apply to state contracts distributing state or federal 
        funds pursuant to the federal Economic Dislocation and Worker 
        Adjustment Assistance Act, United States Code, title 29, section 
        1651 et seq.; or Minnesota Statutes, sections 268.977, 268.9771, 
        268.978, 268.9781, and 268.9782.  For these contracts, the 
        commissioner of jobs and training is authorized to directly 
        enter into state contracts with approval of the governor's job 
        training council and encumber available funds to ensure a rapid 
        response to the needs of dislocated workers.  The commissioner 
        shall adopt internal procedures to administer and monitor funds 
        distributed under these contracts. 
           Sec. 3.  Minnesota Statutes 1992, section 17.47, 
        subdivision 3, is amended to read: 
           Subd. 3.  [AQUATIC FARM.] "Aquatic farm" means a facility 
        used for the purpose of culturing private aquatic life in 
        waters, including but not limited to artificial ponds, vats, 
        tanks, raceways, other indoor or outdoor facilities that an 
        aquatic farmer owns or where an aquatic farmer has exclusive 
        control of, fish farms licensed under section 97C.209, or 
        private fish hatcheries licensed under section 97C.211 for the 
        sole purpose of processing or cultivating aquatic life. 
           Sec. 4.  Minnesota Statutes 1992, section 41A.05, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ISSUANCE OF BONDS.] (a) The board by resolution 
        may exercise the powers of a rural development authority under 
        sections 469.142 to 469.151 and the powers of a municipality 
        under sections 469.152 to 469.165 for the purposes of financing 
        one or more projects, including the issuance of bonds and the 
        application of the bond proceeds and investment income pursuant 
        to a lease, loan, loan guaranty, loan participation, or other 
        agreement.  The bonds must be issued, sold, and secured on the 
        terms and conditions and in the manner determined by resolution 
        of the board.  Section 16A.80 does not apply to the bonds.  
        Notwithstanding subdivision 1, a reserve established for the 
        bonds provided by the borrower, including out of bond proceeds, 
        may be deposited and held in a separate account in the Minnesota 
        agricultural and economic development account and applied to the 
        last installments of principal or interest on the bonds, subject 
        to the reserves being withdrawn for any purpose permitted by 
        subdivision 1.  The board may by resolution or indenture pledge 
        any or all amounts in the fund, including any reserves and 
        investment income on amounts in the fund, to secure the payment 
        of principal and interest on any or all series of bonds, upon 
        the terms and conditions as provided in the resolution or 
        indenture.  To the extent the board deems necessary or desirable 
        to prevent interest on bonds from becoming subject to federal 
        income taxation, (1) the amounts in the fund shall be invested 
        in obligations or securities with restricted yields and (2) the 
        investment income on the amounts are released from the pledge 
        securing the bonds or loan guaranty and appropriately applied to 
        prevent taxation. 
           (b) Bonds issued pursuant to this chapter are not general 
        obligations of the state or the board.  The full faith and 
        credit and taxing powers of the state and the board are not and 
        may not be pledged for the payment of the bonds.  No person may 
        compel the levy of a tax for the payment or compel the 
        appropriation of money of the state or the board for the payment 
        of the bonds, except as specifically provided in this chapter. 
           (c) For purposes of sections 474A.01 to 474A.21, the board 
        is a local issuer and may apply for allocations of authority to 
        issue private activity obligations and may enter into an 
        agreement for the issuance of obligations by another issuer. 
           Sec. 5.  Minnesota Statutes 1992, section 60B.04, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ACTIONS BY COMMISSIONER.] Except as 
        provided in subdivision 2 and section 60B.24, subdivision 1, no 
        delinquency proceeding shall be commenced under sections 60B.01 
        to 60B.61 by anyone other than the commissioner, including an 
        acting commissioner, of this state and no court shall have 
        jurisdiction to entertain, hear, or determine any proceeding 
        under sections 60B.01 to 60B.61 commenced by any other person. 
           Sec. 6.  Minnesota Statutes 1992, section 60B.09, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERAL REPORT OF PROCEEDINGS.] The 
        commissioner shall include in a biennial report: 
           (a) The names of the insurers proceeded against under 
        sections 60B.15, 60B.20, 60B.24, 60B.52, 60B.53, and 60B.55, and 
        such other facts as indicate in reasonable detail formal 
        proceedings under sections 60B.01 to 60B.61; and 
           (b) Such facts as generally indicate the utilization and 
        effectiveness of proceedings under sections 60B.11, 60B.12, and 
        60B.13. 
           Sec. 7.  Minnesota Statutes 1992, section 60B.09, 
        subdivision 3, is amended to read: 
           Subd. 3.  [REPORTS ON INSURERS SUBJECT TO PROCEEDINGS.] The 
        commissioner as receiver shall make and file annual reports and 
        any other required reports for the companies proceeded against 
        under sections 60B.15, 60B.20, 60B.24, 60B.52, 60B.53, and 
        60B.55 in the manner and form and within the time required by 
        law of insurers authorized to do business in this state, and 
        under the same penalties for failure to do so. 
           Sec. 8.  Minnesota Statutes 1993 Supplement, section 
        115C.082, subdivision 1, is amended to read: 
           Subdivision 1.  [FUND ESTABLISHED.] A lead fund is created 
        in the state treasury.  The fund consists of all revenue 
        deposited in the fund under sections 115C.081 and 297E.01, 
        subdivision 11, and all other money and interest made available 
        to the fund by law. 
           Sec. 9.  Minnesota Statutes 1992, section 120.101, 
        subdivision 2, is amended to read: 
           Subd. 2.  [APPLICABILITY.] This section and sections 
        120.102; 120.103; 120.11; 120.13; 120.14; 120.15; 120.16; 
        127.19; and 127.20 apply only to a child required to receive 
        instruction according to subdivision 5 and to instruction that 
        is intended to fulfill that requirement. 
           Sec. 10.  Minnesota Statutes 1992, section 120.101, 
        subdivision 6, is amended to read: 
           Subd. 6.  [CURRICULUM.] Instruction must be provided in at 
        least the following subject areas:  
           (1) basic communication skills including reading and 
        writing, literature, and fine arts; 
           (2) mathematics and science; 
           (3) social studies including history, geography, and 
        government; and 
           (4) health and physical education.  
           Instruction, textbooks, and materials must be in the 
        English language.  Another language may be used as set forth in 
        section 126.07 pursuant to sections 126.262 to 126.265. 
           Sec. 11.  Minnesota Statutes 1992, section 121.88, 
        subdivision 8, is amended to read: 
           Subd. 8.  [YOUTH DEVELOPMENT PLANS.] A district advisory 
        council may prepare a youth development plan.  The council is 
        encouraged to use the state model plan developed under section 
        121.87, subdivision 1a, guidelines when developing the local 
        plan.  The school board may approve the youth development plan. 
           Sec. 12.  Minnesota Statutes 1993 Supplement, section 
        124.195, subdivision 8, is amended to read: 
           Subd. 8.  [PAYMENT PERCENTAGE FOR REIMBURSEMENT AIDS.] One 
        hundred percent of the aid for the last fiscal year must be paid 
        for the following aids:  special education pupil aid according 
        to section 124.32, subdivision 6; special education summer 
        school aid, according to section 124.32, subdivision 10; and 
        planning, evaluating, and reporting process aid according to 
        section 124.274. 
           Sec. 13.  Minnesota Statutes 1992, section 125.611, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CRITERIA.] For purposes of this section, 
        "teacher" means a teacher as defined in section 125.03, 
        subdivision 1, who:  
           (a) is employed in the public elementary, secondary, or 
        technical colleges in the state and 
           (b) either 
           (1)(i) has not less than 15 total years of full-time 
        teaching service in elementary, secondary, and technical 
        colleges, or at least 15 years of allowable service as defined 
        in sections 354.05, subdivision 13; 354.092; 354.093; 354.094; 
        354.53; 354.531; 354.66; 354A.011, subdivision 4; 354A.091; 
        354A.092; 354A.093; 354A.094; or Laws 1982, chapter 578, article 
        II, section 1 and 
           (ii) has or will have attained the age of 55 years but less 
        than 65 years as of the June 30 in the school year during which 
        an application for an early retirement incentive is made, or 
           (2) has not less than 30 total years of full-time teaching 
        service in elementary, secondary, and technical colleges, or at 
        least 30 years of allowable service as defined in sections 
        354.05, subdivision 13; 354.092; 354.093; 354.094; 354.53; 
        354.531; 354.66; 354A.011, subdivision 4; 354A.091; 354A.092; 
        354A.093; 354A.094; or Laws 1982, chapter 578, article II, 
        section 1. 
           Sec. 14.  Minnesota Statutes 1992, section 160.265, is 
        amended to read: 
           160.265 [BIKEWAY PROGRAM.] 
           Subdivision 1.  [STATE BIKEWAYS.] The commissioner of 
        transportation shall establish a program for the development of 
        bikeways primarily on existing road rights-of-way.  The program 
        shall include a system of bikeways to be established, developed, 
        maintained, and operated by the commissioner of transportation 
        and a system of state grants for the development of local 
        bikeways primarily on existing road rights-of-way.  The program 
        shall be coordinated with the local park trail grant program 
        established by the commissioner of trade and economic 
        development pursuant to section 116J.406 85.019, with the 
        bicycle trail program established by the commissioner of natural 
        resources pursuant to section 85.016, with the development of 
        the statewide transportation plan pursuant to section 174.03, 
        and with existing and proposed local bikeways.  In the 
        metropolitan area as defined in section 473.121, the program 
        shall be developed in accordance with plans and priorities 
        established by the metropolitan council.  The program shall be 
        developed after consultation with the state trail council, local 
        units of government, and bicyclist organizations.  The program 
        shall be administered in accordance with the provisions of 
        sections 160.262 to 160.264 and standards promulgated pursuant 
        thereto.  The commissioner shall compile and maintain a current 
        registry of bikeways in the state and shall publish and 
        distribute the information contained in the registry in a form 
        and manner suitable to assist persons wishing to use the 
        bikeways.  The metropolitan council, the commissioner of natural 
        resources, the commissioner of trade and economic development, 
        the Minnesota historical society, and local units of government 
        shall cooperate with and assist the commissioner of 
        transportation in preparing the registry.  The commissioner 
        shall have all powers necessary and convenient to establish the 
        program pursuant to this section including but not limited to 
        the authority to adopt rules pursuant to chapter 14. 
           Subd. 2.  [LOCAL BIKEWAY GRANTS.] The commissioner shall 
        provide technical assistance to local units of government in 
        planning and developing bikeways.  The commissioner shall make 
        grants to units of government as defined in section 
        116J.406 85.019, subdivision 1, for the betterment of public 
        land and improvements needed for local bikeways.  In making 
        grants the commissioner shall consider, among other factors, the 
        number of bicycles in the localities.  A grant shall not exceed 
        75 percent of the costs of the betterment of the bikeway.  To be 
        eligible for a grant, a unit of government must provide at least 
        25 percent of the costs of the betterment of the bikeway.  The 
        commissioner may adopt emergency rules pursuant to sections 
        14.05 to 14.36 to commence the grant program immediately. 
           Sec. 15.  Minnesota Statutes 1992, section 214.01, 
        subdivision 3, is amended to read: 
           Subd. 3.  [NON-HEALTH-RELATED LICENSING BOARD.] 
        "Non-health-related licensing board" means the board of teaching 
        established pursuant to section 125.183, the board of barber 
        examiners established pursuant to section 154.22, the board of 
        assessors established pursuant to section 270.41, the board of 
        architecture, engineering, land surveying, landscape 
        architecture, and interior design established pursuant to 
        section 326.04, the board of accountancy established pursuant to 
        section 326.17, the board of electricity established pursuant to 
        section 326.241, the private detective and protective agent 
        licensing board established pursuant to section 326.33, the 
        board of boxing established pursuant to section 341.01, the 
        board of abstracters established pursuant to section 386.63, and 
        the peace officer standards and training board established 
        pursuant to section 626.841. 
           Sec. 16.  Minnesota Statutes 1992, section 214.13, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [APPLICATION FOR CREDENTIAL.] The 
        commissioner of health shall promote the recognition of human 
        services occupations useful in the effective delivery of human 
        services.  The commissioner shall coordinate the development of 
        a credentials policy among the health-related licensing boards 
        consistent with section 214.001.  The commissioner shall, 
        consistent with section 214.001, establish procedures for the 
        identification of human services occupations not now 
        credentialed by the state, recommend appropriate regulatory 
        modes, and promulgate by rule standards and procedures relating 
        to the credentialing of persons practicing in the affected 
        occupations.  At the time of submission of a letter of intent to 
        enter the credentialing process, an occupational applicant group 
        shall pay a fee of $1,000 to the commissioner.  The fee is 
        nonrefundable and must be deposited with the state treasurer and 
        credited to the general fund.  The commissioner may require an 
        occupational applicant group to submit information relating to, 
        and to recommend and justify regulatory modes and standards 
        consistent with, the provisions of section 214.001.  If the 
        commissioner determines that credentialing of an occupation is 
        appropriate, the commissioner is empowered only to register the 
        occupation.  Before promulgating any rules resulting in 
        registration for an occupation the commissioner shall consult 
        with state boards or agencies charged with regulating similar 
        occupations in order to define the scope and range of practice 
        for the registered occupation and the degree of supervision 
        required.  As used in this section and section 214.141, 
        registration is defined as in section 214.001, subdivision 3, 
        clause (c). 
           Sec. 17.  Minnesota Statutes 1993 Supplement, section 
        326.975, subdivision 2, is amended to read: 
           Subd. 2.  [ACCELERATED CLAIMS PAYMENT.] Recovery fund 
        claims that do not exceed the jurisdiction limits for 
        conciliation court matters as specified in section 487.30 
        491A.01 shall be paid on an accelerated basis if all of the 
        following requirements have been satisfied: 
           (a) When any aggrieved person obtains a judgment in any 
        court of competent jurisdiction, regardless of whether the 
        judgment has been discharged by a bankruptcy court against a 
        residential building contractor or residential remodeler on 
        grounds specified in subdivision 1, paragraph (a), clause (2), 
        the aggrieved person may file a verified application with the 
        commissioner for payment out of the fund of the amount of actual 
        and direct out-of-pocket loss in the transaction, but excluding 
        any attorney fees, interest on the loss and on any judgment 
        obtained as a result of the loss, up to the conciliation court 
        jurisdiction limits, of the amount unpaid upon the judgment.  
        For purposes of this section, persons who are joint tenants or 
        tenants in common are deemed to be a single claimant. 
           (b) The commissioner has sent the licensee a copy of the 
        verified application by first-class mail to the licensee's 
        address as it appears in the records of the department of 
        commerce with a notice that the claim will be paid 15 days from 
        the date of the notice unless the licensee notifies the 
        commissioner prior to that date of the commencement of an appeal 
        of the judgment, if the time for appeal has not expired, and 
        that payment of the claim will result in automatic suspension of 
        the licensee's license. 
           (c) If the licensee does not notify the commissioner of the 
        commencement of an appeal, the commissioner shall pay the claim 
        at the end of the 15-day period. 
           (d) If an appeal is commenced, the payment of the claim is 
        stayed until the conclusion of the appeal. 
           (e) The commissioner may pay claims which total no more 
        than $15,000 against the licensee under this accelerated 
        process.  The commissioner may prorate the amount of claims paid 
        under this subdivision if claims in excess of $15,000 against 
        the licensee are submitted.  Any unpaid portions of such claims 
        shall be satisfied in the manner set forth in subdivision 1. 
           Sec. 18.  Minnesota Statutes 1992, section 331A.06, 
        subdivision 4, is amended to read: 
           Subd. 4.  When a statute refers to publication of a public 
        notice at the legal rate or at the rate provided in section 
        331.08, the maximum rate shall be as provided in this section. 
           Sec. 19.  Minnesota Statutes 1992, section 352.119, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ADJUSTABLE FIXED BENEFIT ANNUITY.] 
        Adjustable fixed benefit annuity means the payments made from 
        the participation in the fund to an annuitant after retirement 
        in accordance with this section.  It also means that the 
        payments made to the persons receiving benefits must never be 
        less than the amount originally determined on the date of 
        retirement or on July 1, 1969, whichever is later, but not 
        including the supplemental benefit provided for in section 
        352.73. 
           Sec. 20.  Minnesota Statutes 1992, section 423B.12, is 
        amended to read: 
           423B.12 [MANDATORY RETIREMENT; CONSEQUENCE OF CONTINUED 
        ACTIVE MEMBERSHIP.] 
           Notwithstanding the provisions of section 197.45, 
        subdivision 2, and Subject only to the provisions of section 
        423.075, an active member must retire upon attaining age 65, and 
        upon attaining age 65 must cease to be an active member of the 
        association.  An active member who knowingly fails or refuses to 
        comply with this section thereby renders the person and the 
        person's survivors ineligible for any pension or benefits 
        provided under sections 423B.01 to 423B.18, as amended.  A 
        person who has ceased to be an active member of the association 
        or has knowingly failed or refused to retire, is entitled only 
        for the refund in an amount equal to $100 per year of service 
        credit, payable in a lump sum. 
                                   ARTICLE 3 
                                 CONFLICT NOTES 
           Section 1.  [REPEALER.] 
           Laws 1977, chapter 11, section 8, is repealed. 
           Sec. 2.  [REPEALER.] 
           Laws 1982, chapter 514, sections 18 and 19, are repealed. 
           Sec. 3.  [REPEALER.] 
           Laws 1983, chapter 247, section 130, is repealed. 
           Sec. 4.  [REPEALER.] 
           Laws 1984, chapter 628, article 2, section 4, is repealed. 
           Sec. 5.  [REPEALER.] 
           Laws 1985, First Special Session chapter 9, article 2, 
        sections 81 and 82, are repealed. 
           Sec. 6.  [REPEALER.] 
           Laws 1985, First Special Session chapter 13, section 191, 
        is repealed. 
           Sec. 7.  [REPEALER.] 
           Laws 1985 First Special Session, chapter 14, article 9, 
        section 16, is repealed. 
           Sec. 8.  [REPEALER.] 
           Laws 1987, chapter 197, section 1, is repealed. 
           Sec. 9.  [REPEALER.] 
           Laws 1987, chapter 315, section 4, subdivision 2, is 
        repealed. 
           Sec. 10.  [REPEALER.] 
           Laws 1987, chapter 336, section 35, is repealed. 
           Sec. 11.  [REPEALER.] 
           Laws 1988, chapter 441, section 2, is repealed. 
           Sec. 12.  [REPEALER.] 
           Laws 1988, chapter 486, section 15, is repealed. 
           Sec. 13.  [REPEALER.] 
           Laws 1988, chapter 486, section 68, is repealed. 
           Sec. 14.  [REPEALER.] 
           Laws 1988, chapter 496, section 8, is repealed. 
           Sec. 15.  [REPEALER.] 
           Laws 1988, chapter 514, section 5, is repealed. 
           Sec. 16.  [REPEALER.] 
           Laws 1988, chapter 636, section 3, is repealed. 
           Sec. 17.  [REPEALER.] 
           The amendment to Minnesota Statutes 1988, section 245.482, 
        subdivision 1, that was enacted as a part of Laws 1989, chapter 
        89, section 1, which also renumbered subdivision 1 as 
        subdivision 2, is repealed. 
           Sec. 18.  [REPEALER.] 
           Laws 1989, chapter 89, section 13, is repealed. 
           Sec. 19.  [REPEALER.] 
           Laws 1989, chapter 133, section 1, is repealed. 
           Sec. 20.  [REPEALER.] 
           Laws 1989, chapters 144, article 2, section 8, and 356, 
        section 18, are repealed. 
           Sec. 21.  [REPEALER.] 
           Laws 1989, chapter 209, article 2, section 8, is repealed. 
           Sec. 22.  [REPEALER.] 
           Laws 1989, chapter 209, article 2, section 34, is repealed. 
           Sec. 23.  [REPEALER.] 
           Laws 1989, chapter 222, section 10, is repealed. 
           Sec. 24.  [REPEALER.] 
           Laws 1989, chapter 222, sections 21 and 22, are repealed.  
           Sec. 25.  [REPEALER.] 
           Laws 1989, chapter 222, section 36, is repealed. 
           Sec. 26.  [REPEALER.] 
           Laws 1989, chapter 271, section 32, is repealed. 
           Sec. 27.  [REPEALER.] 
           Laws 1989, chapter 282, article 2, section 144, is repealed.
           Sec. 28.  [REPEALER.] 
           Laws 1989, chapter 282, article 2, section 186, is repealed.
           Sec. 29.  [REPEALER.] 
           Laws 1989, chapter 293, section 74, is repealed. 
           Sec. 30.  [REPEALER.] 
           Laws 1989, chapter 319, article 13, section 22, is repealed.
           Sec. 31.  [REPEALER.] 
           Laws 1989, chapter 319, article 13, section 55, is repealed.
           Sec. 32.  [REPEALER.] 
           Laws 1989, chapter 329, article 5, section 10, is repealed. 
           Sec. 33.  [REPEALER.] 
           Laws 1989, chapter 334, article 2, section 17, is repealed. 
           Sec. 34.  [REPEALER.] 
           Laws 1989, chapter 335, article 1, section 200, is repealed.
           Sec. 35. [REPEALER.] 
           Laws 1989, chapter 335, article 1, section 255, is repealed.
           Sec. 36.  [REPEALER.] 
           Laws 1989, chapter 353, section 10, is repealed. 
           Sec. 37.  [REPEALER.] 
           Laws 1990, chapter 426, article 1, section 5, is repealed. 
           Sec. 38.  [REPEALER.] 
           Laws 1990, chapter 426, article 1, section 32, is repealed. 
           Sec. 39.  [REPEALER.] 
           Laws 1990, chapter 480, article 5, section 6, is repealed. 
           Sec. 40.  [REPEALER.] 
           Laws 1990, chapter 480, article 5, section 9, is repealed. 
           Sec. 41.  [REPEALER.] 
           Laws 1990, chapter 480, article 9, section 3, is repealed. 
           Sec. 42.  [REPEALER.] 
           Laws 1990, chapter 512, section 12, is repealed. 
           Sec. 43.  [REPEALER.] 
           Laws 1990, chapter 562, article 10, section 1, is repealed. 
           Sec. 44.  [REPEALER.] 
           Laws 1990, chapters 571, section 39; and 594, article 3, 
        sections 6 and 7, are repealed. 
           Sec. 45.  [REPEALER.] 
           Laws 1990, chapter 574, section 5, is repealed.  
           Sec. 46.  [REPEALER.] 
           Laws 1991, chapter 58, sections 1, 2, 3, 4, 5, 6, 7, and 8, 
        are repealed. 
           Sec. 47.  [REPEALER.] 
           Laws 1991, chapter 130, section 24, is repealed.  
           Sec. 48.  [REPEALER.] 
           Laws 1991, chapter 174, section 8, is repealed. 
           Sec. 49.  [REPEALER.] 
           Laws 1991, chapter 199, article 1, section 71, is repealed. 
           Sec. 50.  [REPEALER.] 
           Laws 1991, chapter 238, article 1, section 7, is repealed. 
           Sec. 51.  [REPEALER.] 
           Laws 1991, chapter 265, article 4, section 19, is repealed. 
           Sec. 52.  [REPEALER.] 
           Laws 1991, chapter 292, article 4, section 45, is repealed. 
           Sec. 53.  [REPEALER.] 
           Laws 1991, chapter 336, article 2, section 2, is repealed. 
           Sec. 54.  [REPEALER.] 
           Laws 1991, chapter 340, section 1, is repealed.  
           Sec. 55.  [REPEALER.] 
           Laws 1991, chapter 340, section 32, is repealed. 
           Sec. 56.  [REPEALER.] 
           Laws 1991, chapter 345, article 2, section 46, is repealed. 
           Sec. 57.  [REPEALER.] 
           Laws 1992, chapter 432, article 2, section 41, is repealed. 
           Sec. 58.  [REPEALER.] 
           Laws 1992, chapter 437, section 1, is repealed. 
           Sec. 59.  [REPEALER.] 
           Laws 1992, chapter 499, article 6, section 15, is repealed. 
           Sec. 60.  [REPEALER.] 
           Laws 1993, chapters 4, section 9; and 369, section 38, are 
        repealed. 
           Sec. 61.  [REPEALER.] 
           Laws 1993, chapters 47, sections 1, 4, 6, and 9; and 247, 
        article 2, section 9, are repealed. 
           Sec. 62.  [REPEALER.] 
           Laws 1993, chapter 78, section 3, is repealed. 
           Sec. 63.  [REPEALER.] 
           Laws 1993, chapter 101, section 1, is repealed. 
           Sec. 64.  [REPEALER.] 
           Laws 1993, chapter 224, article 13, section 3, is repealed. 
           Sec. 65.  [REPEALER.] 
           Laws 1993, chapter 224, article 13, section 43, is repealed.
           Sec. 66.  [REPEALER.] 
           Laws 1993, chapter 247, article 1, section 11, is repealed. 
           Sec. 67.  [REPEALER.] 
           Laws 1993, chapter 269, section 17, is repealed. 
           Sec. 68.  [REPEALER.] 
           Laws 1993, chapter 286, section 2, is repealed.  
           Sec. 69.  [REPEALER.] 
           Laws 1993, chapter 286, section 21, is repealed. 
           Sec. 70.  [REPEALER.] 
           Laws 1993, chapter 303, sections 15, 17, and 18, are 
        repealed. 
           Sec. 71.  [REPEALER.] 
           Laws 1993, chapter 339, section 12, is repealed.  
           Sec. 72.  [REPEALER.] 
           Laws 1993, chapter 369, section 128, is repealed. 
           Sec. 73.  [REPEALER.] 
           Laws 1993, First Special Session chapter 1, article 2, 
        section 6, is repealed. 
           Presented to the governor April 18, 1994 
           Signed by the governor April 21, 1994, 11:52 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