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1984 Minnesota Session Laws

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                         Laws of Minnesota 1984 

                        CHAPTER 655-H.F.No. 2207 
           An act relating to Minnesota Statutes; correcting 
          erroneous, ambiguous, omitted, and obsolete references 
          and text; eliminating certain redundant, conflicting, 
          and superseded provisions; reenacting certain laws; 
          correcting 1984 session legislation; amending 
          Minnesota Statutes 1982, sections 14.40; 15.18, as 
          amended; 52.03, subdivision 2, as added; 60B.01, 
          subdivision 1, as amended; 83.26, subdivision 2, as 
          amended; 97.433, subdivision 3; 116C.73; 116D.06, 
          subdivision 1; 123.78, subdivision 1; 156A.04; 161.16, 
          subdivision 4; 169.45; 256C.02; 290.08, subdivision 
          26, as added; 298.24, subdivision 1, as amended; 
          302A.115, subdivision 3; 327C.02, subdivision 3; 
          336.1-101, as amended; 356.23; 356.25; 383A.09, 
          subdivision 5; 412.022, subdivision 1; 473.404, 
          subdivision 6, if added; 480.057, as amended; 501.78, 
          subdivision 4; 524.1-101, as amended; 524.3-1201; 
          609.346, subdivision 2; 609.487, subdivision 4; 
          626.556, subdivision 11, as amended; Minnesota 
          Statutes 1983 Supplement, sections 3.9222, subdivision 
          6; 14.115, subdivisions 5 and 6; 16.872, subdivision 
          4; 38.04; 41.61, subdivision 1; 51A.51, subdivisions 2 
          and 3a; 53.03, subdivision 6; 53.04, subdivision 3a, 
          and as amended; 60A.17, subdivision 6c; 88.644; 
          102.26, subdivision 3c; 115.071, subdivision 2b; 
          116J.28, subdivision 3; 124.195, subdivision 10; 
          124.2137, subdivision 1; 124.272, subdivision 3; 
          124A.14, subdivision 1; 144A.071, subdivision 5; 
          168.126, subdivision 1; 169.123, subdivision 2, as 
          amended; 176.111, subdivision 18; 240.08, subdivision 
          2; 241.64, subdivisions 1 and 3; 256B.431, 
          subdivisions 2 and 3; 260.185, subdivision 1; 268.04, 
          subdivision 25; 272.02, subdivision 1; 273.118; 
          290.01, subdivision 19; 290.09, subdivision 5; 290.10; 
          290.17, subdivision 2; 290A.03, subdivision 3; 
          297A.01, subdivision 3; 297A.02, subdivision 3; 
          297A.25, subdivision 1; 300.05, subdivision 2, as 
          amended; 325F.09; 393.07, subdivision 1; 420.13; 
          473.446, subdivision 1, as amended; 505.04; 507.235, 
          subdivision 2; 508.421, subdivision 1; 514.221, 
          subdivision 3; 515A.1-102; 518.17, subdivision 5; 
          543.20, subdivision 2; 558.215; 629.341, subdivision 
          1; Laws 1980, chapter 451, section 2; Laws 1983, 
          chapters 128, section 36; 289, section 114, 
          subdivision 1; reenacting Minnesota Statutes 1983 
          Supplement, sections 45.04, subdivision 1; 116J.28; 
          256.482, subdivision 2; Laws enacted at the 1984 
          regular session styled as H.F. Nos. 1156, sections 9 
          and 13; 1801, section 10, subdivision 5; 2016, article 
          8, section 2, subdivision 4; 2148, section 2; 2314, 
          section 8; 2317, article 2, section 1; and S.F. Nos. 
          1336, section 19; 1815, section 1, subdivision 4; 
          1913, article 1, section 9; 2145, section 1; repealing 
          Minnesota Statutes 1982, sections 156A.031, 
          subdivision 2; 377.06; and 480.059, subdivision 3; 
          repealing Minnesota Statutes 1983 Supplement, section 
          116D.05; Laws 1982, chapter 501, section 20; Laws 
          1983, chapters 142, sections 5 and 8; 207, sections 6 
          and 42; 248, section 3; 253, section 22; 259, section 
          6; 260, sections 15, 47, and 56, subdivision 2; 277, 
          section 2, subdivision 2; 289, section 16; 293, 
          sections 66, 80, and 83; 301, section 66; 312, article 
          8, section 6. 
          
                                       REVISOR'S BILL 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                               ARTICLE 1
    Section 1.  Minnesota Statutes 1983 Supplement, section 
3.9222, subdivision 6, is amended to read: 
    Subd. 6.  The legislature legislative coordinating 
commission shall supply the commission with necessary staff, 
office space and administrative services. 
    Sec. 2.  Minnesota Statutes 1983 Supplement, section 
14.115, subdivision 5, is amended to read: 
    Subd. 5.  [COMPLIANCE.] If a hearing examiner or the 
attorney general finds that an agency has failed to comply with 
subdivisions 1 to 4 of this section, the rules shall not be 
adopted.  
    Sec. 3.  Minnesota Statutes 1983 Supplement, section 
14.115, subdivision 6, is amended to read: 
    Subd. 6.  [AGENCY REVIEW OF RULES.] Each agency shall, 
during the five-year period beginning with the effective date of 
this section, review the current rules of the agency which were 
in effect prior to that date and shall consider methods of 
reducing their impact on small businesses as provided under 
subdivision 2.  If a method appears feasible, the agency shall 
propose an amendment to the rule.  No review is necessary for a 
rule that is repealed during the five-year period.  This 
subdivision shall not apply to rules governing licensure of 
occupations listed in section 116J.70, subdivision 2a, clause 
(3), paragraphs (a) through to (pp).  
    Sec. 4.  Minnesota Statutes 1982, section 14.40, is amended 
to read: 
    14.40 [REVIEW OF RULES BY COMMISSION.] 
    The commission shall promote adequate and proper rules by 
agencies and an understanding upon the part of the public 
respecting them.  The jurisdiction of the commission includes 
all rules as defined in section 14.02, subdivision 4.  The 
commission also has jurisdiction of rules which are filed with 
the secretary of state in accordance with section 14.38, 
subdivisions 5, 6, 7, 8, 9, and 11 or were filed with the 
secretary of state in accordance with the provisions of section 
14.19 14.38, subdivisions 5 to 9, which were in effect on the 
date the rules were filed.  It may hold public hearings to 
investigate complaints with respect to rules if it considers the 
complaints meritorious and worthy of attention.  It may, on the 
basis of the testimony received at the public hearings, suspend 
any rule complained of by the affirmative vote of at least six 
members provided the provisions of section 14.42 have been met.  
If any rule is suspended, the commission shall as soon as 
possible place before the legislature, at the next year's 
session, a bill to repeal the suspended rule.  If the bill is 
not enacted in that year's session, the rule is effective upon 
adjournment of the session unless the agency has repealed it.  
If the bill is enacted, the rule is repealed.  The commission 
shall make a biennial report to the legislature and governor of 
its activities and include its recommendations to promote 
adequate and proper rules and public understanding of the rules. 
    Sec. 5.  Minnesota Statutes 1983 Supplement, section 
16.872, subdivision 4, is amended to read: 
    Subd. 4.  The powers and duties of the council are:  
    (1) To develop an overall restoration plan for the 
governor's residence and surrounding grounds;  
    (2) To approve alterations in the existing structure as the 
council deems appropriate;  
    (3) Notwithstanding the gift acceptance procedures of 
sections 7.09 to 7.12, to solicit contributions for and maintain 
and improve the quality of furnishings for the public areas of 
the building by accepting gifts of, or acquiring with donated 
money, furnishings, objects of art, and other items that the 
council determines may have historical value in keeping with the 
period and purpose of the building; and 
    (4) Notwithstanding sections 7.09 to 7.12, to solicit 
contributions for the renovation of and making capital 
improvements to the state ceremonial building governor's 
residence.  
    Gifts for the benefit of the governor's residence and 
surrounding grounds are not accepted by the state unless 
accepted by the council.  The council shall maintain a complete 
inventory of all gifts and articles received. 
    Sec. 6.  Minnesota Statutes 1983 Supplement, section 38.04, 
is amended to read: 
    38.04 [ANNUAL MEETINGS; REPORTS.] 
    Every county agricultural society shall hold an annual 
meeting for the election of officers and the transaction of 
other business on or before the third Tuesday in November, each 
year, at which time its secretary shall make a report of its 
proceedings for the preceding year; this report shall contain a 
statement of all transactions at its fairs, the numbers of 
entries, the amount and source of all moneys received, and the 
amount paid out for premiums and other purposes, and show in 
detail its entire receipts and expenditures during the year.  
The report must contain a separate accounting of any income 
received from the operation of horse racing on which pari-mutuel 
betting is conducted, and of the disposition of that income.  
    The treasurer shall make a comprehensive report of the 
funds received, paid out, and on hand, and upon whose order 
paid.  Each secretary shall cause a certified copy of his annual 
report to be filed with the county recorder of the county and 
the commissioner of agriculture on or before the first day of 
November, each year. 
    Sec. 7.  Minnesota Statutes 1983 Supplement, section 41.61, 
subdivision 1, is amended to read: 
    Subdivision 1.  [SPECIAL ACCOUNT; STANDING APPROPRIATION.] 
There is created a special account in the state treasury for the 
purposes of financing the family farm security program.  
    The amount needed from time to time to pay lenders for 
defaulted loans and make other payments authorized by this 
chapter and to pay including insurance premiums and taxes on 
defaulted farms is appropriated from the special account to the 
commissioner.  Money is also appropriated to the commissioner 
from the special account so that the commissioner may purchase 
the rights of first lienholders at mortgage foreclosure sales.  
The sum of all outstanding family farm security loans guaranteed 
by the commissioner at any time may not exceed $100,000,000. 
    Sec. 8.  Minnesota Statutes 1983 Supplement, section 45.04, 
subdivision 1, is reenacted. 
    Sec. 9.  Laws 1983, chapter 289, section 16, is repealed. 
    Sec. 10.  Minnesota Statutes 1983 Supplement, section 
51A.51, subdivision 2, is amended to read: 
    Subd. 2.  [INCORPORATION FEE.] At the time of filing the 
application for a certificate of incorporation, the 
incorporators shall pay a $1,000 filing fee which shall be paid 
into the state treasury and credited to the general fund, and 
shall pay to the banking department a $500 investigation fee.  
If an application is contested, 50 percent of an additional fee 
equal to the actual costs incurred by the department of commerce 
in approving or disapproving the application, payable to the 
state treasurer and credited by the treasurer to the general 
fund, shall be paid by the applicant and 50 percent equally by 
the intervening parties.  
    Sec. 11.  Minnesota Statutes 1983 Supplement, section 
51A.51, subdivision 3a, is amended to read: 
    Subd. 3a.  [FEE FOR ESTABLISHMENT OF OTHER THAN PRINCIPAL 
OFFICE.] There shall accompany each application to the 
commissioner for establishment of other than the principal 
office a $1,000 filing fee payable to the state treasury and 
$500 payable to the banking department.  If an application is 
contested, 50 percent of an additional fee equal to the actual 
costs incurred by the department of commerce in approving or 
disapproving the application, payable to the state treasurer and 
credited by the treasurer to the general fund, shall be paid by 
the applicant and 50 percent equally by the intervening parties. 
    Sec. 12.  Minnesota Statutes 1983 Supplement, section 
53.03, subdivision 6, is amended to read: 
    Subd. 6.  [AMENDED CERTIFICATES, THRIFT CERTIFICATES FOR 
INVESTMENT, APPLICATION, FEE, NOTICE.] Upon approval by the 
commissioner of banks of a commitment for insurance or guarantee 
of certificates to be held for investment as required in section 
53.10, subdivision 3, an industrial loan and thrift company may 
apply to the department of commerce for an amended certificate 
of authorization and consent to sell and issue thrift 
certificates for investment.  
    The application, in triplicate, must be in the form 
prescribed by the department of commerce and filed in its 
office.  At the time of filing the application, the applicant 
shall pay a filing fee of $500 and if an application is 
contested, 50 percent of an additional fee equal to the actual 
costs incurred by the department of commerce in approving or 
disapproving the application, payable to the state treasurer and 
credited by the treasurer to the general fund, must be paid by 
the applicant and 50 percent equally by the intervening 
parties.  A notice of the filing of the application must be 
published once within 30 days of the receipt of the form 
prescribed by the department of commerce, at the expense of the 
applicant, in a newspaper published in the municipality in which 
the place of business under the application is located, or if 
there is none, in a newspaper published at the county seat of 
the county in which the place of business is located.  Not more 
than one place of business maintained under a certificate of 
authorization may be the subject of an application.  
    Sec. 13.  Minnesota Statutes 1983 Supplement, section 
53.04, subdivision 3a, is amended to read: 
    Subd. 3a.  (a) The right to make loans, secured or 
unsecured, at the rates and on the terms and other conditions 
permitted licensees under chapter 56.  Loans made under the 
authority of chapter 56 must be in amounts in compliance with 
section 53.05, clause (3) (7), or 56.131, subdivision 1, 
paragraph (a), whichever is less.  The right to extend credit or 
lend money and to collect and receive charges therefor as 
provided by chapter 334, or in lieu thereof to charge, collect, 
and receive interest at the rate of 21.75 percent per annum.  
The provisions of sections 47.20 and 47.21 do not apply to loans 
made under this section, except as specifically provided in this 
subdivision.  Nothing in this subdivision is deemed to 
supersede, repeal, or amend any provision of section 53.05.  A 
licensee making a loan under this chapter secured by a lien on 
real estate shall comply with the requirements of section 47.20, 
subdivision 8.  
    (b) Loans made under this section at a rate of interest not 
in excess of that provided for in paragraph (a) may be secured 
by real or personal property, or both.  If the proceeds of a 
loan made after August 1, 1984 are used in whole or in part to 
satisfy the balance owed on a contract for deed, the rate of 
interest charged on the loan must not exceed the rate provided 
in section 47.20, subdivision 4a.  If the proceeds of a loan 
secured by a first lien on the borrower's primary residence are 
used to finance the purchase of the borrower's primary 
residence, the loan must comply with the provisions of section 
47.20.  
    (c) A loan made under this section that is secured by real 
estate and that is in a principal amount of $7,500 or more and a 
maturity of 60 months or more may contain a provision permitting 
discount points, if the loan does not provide a loan yield in 
excess of the maximum rate of interest permitted by this 
subdivision.  Loan yield means the annual rate of return 
obtained by a licensee computed as the annual percentage rate is 
computed under Federal Regulation Z.  If the loan is prepaid in 
full, the licensee must make a refund to the borrower to the 
extent that the loan yield will exceed the maximum rate of 
interest provided by this subdivision when the prepayment is 
taken into account.  
    Sec. 14.  Minnesota Statutes 1983 Supplement, section 
60A.17, subdivision 6c, is amended to read: 
    Subd. 6c.  [REVOCATION OR SUSPENSION OF LICENSE.] (a) The 
commissioner may suspend or revoke an insurance agent's license 
issued to a natural person or impose a civil penalty appropriate 
to the offense, not to exceed $5,000 upon that licensee, or 
both, if, after notice and hearing, the commissioner finds as to 
that licensee any one or more of the following conditions: 
    (1) any materially untrue statement in the license 
application; 
    (2) any cause for which issuance of the license could have 
been refused had it then existed and been known to the 
commissioner at the time of issuance; 
    (3) violation of, or noncompliance with, any insurance law 
or violation of any rule or order of the commissioner or of a 
commissioner of insurance of another state or jurisdiction; 
    (4) obtaining or attempting to obtain any license through 
misrepresentation or fraud; 
    (5) improperly withholding, misappropriating, or converting 
to the licensee's own use any moneys belonging to a 
policyholder, insurer, beneficiary, or other person, received by 
the licensee in the course of the licensee's insurance business; 
    (6) misrepresentation of the terms of any actual or 
proposed insurance contract; 
     (7) conviction of a felony or of a gross misdemeanor or 
misdemeanor involving moral turpitude; 
     (8) that the licensee has been found guilty of any unfair 
trade practice, as defined in chapters 60A to 72A, or of fraud; 
     (9) that in the conduct of the agent's affairs under the 
license, the licensee has used fraudulent, coercive, or 
dishonest practices, or the licensee has been shown to be 
incompetent, untrustworthy, or financially irresponsible; 
     (10) that the agent's license has been suspended or revoked 
in any other state, province, district, territory, or foreign 
country; 
     (11) that the licensee has forged another's name to an 
application for insurance; or 
     (12) that the licensee has violated subdivision 6b. 
     (b) The commissioner may suspend or revoke an insurance 
agent's license issued to a partnership or corporation or impose 
a civil penalty not to exceed $5,000 upon that licensee, or 
both, if, after notice and hearing, the commissioner finds as to 
that licensee, or as to any partner, director, shareholder, 
officer, or employee of that licensee, any one or more of the 
conditions set forth in paragraph (a). 
      (c) A revocation of a license shall prohibit the licensee 
from making a new application for a license for at least one 
year.  Further, the commissioner may, as a condition of 
relicensure, require the applicant to file a reasonable bond for 
the protection of the citizens of this state, which bond shall 
be maintained by the licensee in full force for a period of five 
years immediately following issuance of the license, unless the 
commissioner at his or her discretion shall after two years 
permit the licensee to sooner terminate the maintenance filing 
of the bond. 
      (d) Whenever it appears to the commissioner that any person 
has engaged or is about to engage in any act or practice 
constituting a violation of chapter 60A or of any rule or order 
of the commissioner: 
      (1) The commissioner may issue and cause to be served upon 
the person an order requiring the person to cease and desist 
from the violation.  The order shall give reasonable notice of 
the time and place of hearing and shall state the reasons for 
the entry of the order.  A hearing shall be held not later than 
seven days after the issuance of the order unless the person 
requests a delay.  After the hearing and within 30 days of 
filing of any exceptions to the hearing examiner's report, the 
commissioner shall issue an order vacating the cease and desist 
order or making it permanent as the facts require.  All hearings 
shall be conducted in accordance with the provisions of chapter 
14.  If the person to whom a cease and desist order is issued 
fails to appear at the hearing after being duly notified, the 
person shall be deemed in default, and the proceeding may be 
determined against the person upon consideration of the cease 
and desist order, the allegations of which may be deemed to be 
true; 
    (2) The commissioner may bring an action in the district 
court in the appropriate county to enjoin the acts or practices 
and to enforce compliance with chapter 60A and any rule or order 
of the commissioner; and 
    (3) In any proceeding under chapter 60A relating to 
injunction, the request for injunction may be brought on for 
hearing and disposition upon an order to show cause returnable 
upon not more than eight days notice to the defendant.  The case 
shall have precedence over other matters on the court calendar 
and shall not be continued without the consent of the state of 
Minnesota, except upon good cause shown to the court, and then 
only for a reasonable length of time as may be necessary in the 
opinion of the court to protect the rights of the defendant.  
    (e) The commissioner may, in the manner prescribed by 
chapter 14, impose a civil penalty not to exceed $5,000 upon a 
person whose licensed license has lapsed, or been suspended, 
revoked, or otherwise terminated, for engaging in conduct 
prohibited by paragraph (a) before, during, or after the period 
of his or her licensure.  
    Sec. 15.  Minnesota Statutes 1983 Supplement, section 
88.644, is amended to read: 
    88.644 [CONSENT OR BILL OF SALE TO BE CARRIED WHEN 
TRANSPORTING TREES; RECORDS.] 
    Any person having in his possession more than three 
decorative trees, and any person transporting the same, on any 
public highway in this state shall carry in his possession the 
written consent or bill of sale referred to in section 88.642.  
    The consent or bill of sale, or an original duplicate or 
certified copy thereof, shall be kept in the possession of the 
vendee named therein until January 31st of the year following 
the date thereof and shall be open to inspection during 
reasonable hours to any officer of the department of natural 
resources.  
    Failure to comply with any of the requirements of this 
section constitutes a violation of sections 88.641 to 88.649 
88.648 and subjects the decorative trees not covered by a 
consent or bill of sale to seizure and confiscation by the state 
as contraband in addition to the other penalties provided for 
violation thereof.  
    The provisions of this section shall not apply to 
decorative trees in the possession of or being transported by 
any properly authorized federal, state, or local government 
official for a legitimate public purpose.  
    Sec. 16.  Minnesota Statutes 1982, section 97.433, 
subdivision 3, is amended to read: 
    Subd. 3.  [SOURCE OF PAYMENTS.] Money to make payments to 
the Leech Lake Band and White Earth Band special license account 
pursuant to sections 94.16 and 97.431, subdivision 4, and 
97.432, is annually appropriated for that purpose in a ratio of 
60 percent from the game and fish fund and 40 percent from the 
general fund.  
    Sec. 17.  Minnesota Statutes 1983 Supplement, section 
102.26, subdivision 3c, is amended to read: 
    Subd. 3c.  All gill net licenses on Lake of the Woods and 
Rainy Lake shall be canceled after the 1987 license year.  A 
gill net licensee whose license is canceled as provided in this 
subdivision retains the walleye quota which he holds at the time 
of cancellation, subject to the quota phase-out schedule in 
subdivision 3a or 3b.  Notwithstanding the provisions of section 
102.235, the licensee may be issued a pound or trap net license 
for the netting of game fish in accordance with the quota of the 
licensee.  
    Sec. 18.  Minnesota Statutes 1983 Supplement, section 
115.071, subdivision 2b, is amended to read: 
    Subd. 2b.  [HAZARDOUS WASTE; UNLAWFUL DISPOSAL; CRIMINAL 
PENALTIES.] Any person who knowingly, or with reason to know, 
disposes of hazardous waste in a manner contrary to any 
provision of chapter 115 or 116, or any standard or rule adopted 
in accordance with those chapters relating to disposal, is 
guilty of a felony.  Punishment shall be by a fine of not more 
than $25,000 per day of violation or by imprisonment for not 
more than five years, or both.  
    For the purposes of this subdivision, the terms defined in 
this clause clauses (a) and (b) have the meanings given them.  
    (a) "Disposal" has the meaning given it in section 115A.03, 
subdivision 9.  
    (b) "Hazardous waste" has the meaning given it in section 
116.06, subdivision 13.  
    Sec. 19.  Minnesota Statutes 1982, section 116C.73, is 
amended to read: 
    116C.73 [TRANSPORTATION OF RADIOACTIVE WASTES INTO STATE.] 
    Notwithstanding any provision of chapter 116H 116J, to the 
contrary, no person shall transport radioactive wastes into the 
state of Minnesota for the purpose of disposal by burial in soil 
or permanent storage within Minnesota unless expressly 
authorized by the Minnesota legislature, except that radioactive 
wastes may be transported into the state for temporary storage 
in accordance with applicable federal and state law for up to 12 
months pending transportation out of the state. 
    Sec. 20.  Minnesota Statutes 1983 Supplement, section 
116D.05 is repealed. 
    Sec. 21.  Minnesota Statutes 1982, section 116D.06, 
subdivision 1, is amended to read:  
    Subdivision 1.  Nothing in sections 116D.03 to 116D.05 
116D.045 shall in any way affect the specific statutory 
obligations of any state agency to (a) comply with criteria or 
standards of environmental quality, (b) coordinate or consult 
with any federal or state agency, or (c) act or refrain from 
acting contingent upon the recommendations or certification of 
any other state agency or federal agency.  
    Sec. 22.  Minnesota Statutes 1983 Supplement, section 
116J.28, is reenacted. 
    Sec. 23.  Minnesota Statutes 1983 Supplement, section 
116J.28, subdivision 3, is amended to read: 
    Subd. 3.  No proposed large energy facility shall be 
certified for construction unless the applicant has justified 
its need.  In assessing need, the commissioner commission shall 
evaluate: 
    (1) The accuracy of the long-range energy demand forecasts 
on which the necessity for the facility is based; 
    (2) The effect of existing or possible energy conservation 
programs under sections 116J.05 to 116J.30 or other federal or 
state legislation on long-term energy demand; 
    (3) The relationship of the proposed facility to overall 
state energy needs, as described in the most recent state energy 
policy and conservation report prepared pursuant to section 
116J.18; 
    (4) Promotional activities which may have given rise to the 
demand for this facility; 
    (5) Socially beneficial uses of the output of this 
facility, including its uses to protect or enhance environmental 
quality; 
    (6) The effects of the facility in inducing future 
development; 
    (7) Possible alternatives for satisfying the energy demand 
including but not limited to potential for increased efficiency 
of existing energy generation facilities; 
    (8) The policies, rules, and regulations of other state and 
federal agencies and local governments; and 
    (9) Any feasible combination of energy conservation 
improvements, required by the commission pursuant to section 
216B.241, that can (a) replace part or all of the energy to be 
provided by the proposed facility, and (b) compete with it 
economically. 
    Sec. 24.  Minnesota Statutes 1982, section 123.78, 
subdivision 1, is amended to read:  
    Subdivision 1.  [GENERAL PROVISIONS.] A district eligible 
to receive state aid for transportation under chapter 124, shall 
provide equal transportation within the district for all school 
children to any school when transportation is deemed necessary 
by the school board because of distance or traffic condition in 
like manner and form as provided in sections 123.39 and 124.223, 
when applicable. 
    Sec. 25.  Minnesota Statutes 1983 Supplement, section 
124.195, subdivision 10, is amended to read: 
    Subd. 10.  [AID PAYMENT PERCENTAGE.] Except as provided in 
subdivisions 8 and 9, beginning in fiscal year 1984, all 
education aids and credits in chapters 121, 123, 124, 125, and 
section 273.1392, except post-secondary vocational shall be paid 
at 85 percent of the estimated entitlement during the fiscal 
year of the entitlement.  The amount of the actual entitlement, 
after adjustment for actual data, minus the payments made during 
the fiscal year of the entitlement shall be paid as the final 
adjustment payment according to subdivision 6.  
    Sec. 26.  Minnesota Statutes 1983 Supplement, section 
124.272, subdivision 3, is amended to read: 
    Subd. 3.  [COOPERATION PLAN.] To receive aid or to levy 
pursuant to section 275.125, subdivision 8a a district shall 
submit to the commissioner of education an application for aid 
by August 15.  The application shall contain the following:  
    (a) a three-year plan to improve the district curriculum, 
which gives priority to offering of any of the following:  a 
three-year mathematics sequence in grades 10 through to 12, a 
three-year science sequence in grades 10 through to 12, a 
two-year foreign language sequence, elementary and secondary 
courses in computer usage, or other programs recommended by the 
state board; 
    (b) an assurance that the proposed curriculum in clause (a) 
has been developed in conjunction with the planning, evaluation, 
and reporting process of section 123.741;  
    (c) a copy of the cooperation agreement;  
    (d) a description of the proposed increase in curriculum 
offerings resulting from the agreement;  
    (e) the estimated instructional cost of the cooperation 
plan for the following fiscal year; and 
    (f) other information required by the commissioner.  
    Sec. 27.  Minnesota Statutes 1983 Supplement, section 
124A.14, subdivision 1, is amended to read: 
    Subdivision 1.  [FIFTH TIER ALLOWANCE.] "Fifth tier 
allowance" means the amount of revenue per actual pupil unit 
used to compute the fifth tier aid for a particular school year 
and the corresponding levy for that school year.  The fifth tier 
allowance shall equal the result of the following computation: 
    (a) Determine the revenue the district would have received 
for the 1984-1985 school year from grandfather revenue, 
replacement revenue, and low fund balance revenue, if the 
provisions of Minnesota Statutes 1982, sections 124.2123, 
124.2124, and 124.2128 had been effective for the 1984-1985 
school year.  
    (b) Determine the discretionary revenue the district would 
have received for the 1984-1985 school year if the provisions of 
Minnesota Statutes 1982, section 124.2125 had been effective for 
the 1984-1985 school year.  Assume the district had been 
entitled to and had levied the maximum allowable under section 
275.125, subdivisions subdivision 7a, and no aid or levy 
reductions were made according to section 275.125, subdivision 
7c.  
    (c) Determine the amount of revenue equal to $25 times the 
total pupil units in the 1984-1985 school year.  
    (d) Add the results in clauses (a), (b), and (c).  
    (e) Determine the estimated revenue the district would 
receive for the 1984-1985 school year from the first to fourth 
tier revenue for the 1984-1985 school year.  
    (f) Subtract the result of clause (e) from the result of 
clause (d).  
    (g) Divide the amount in clause (f) by the 1984-1985 actual 
pupil units.  
    Sec. 28.  Minnesota Statutes 1983 Supplement, section 
144A.071, subdivision 5, is amended to read: 
    Subd. 5.  [REPORT.] The commissioner of energy, planning, 
and development, in consultation with the commissioners of 
health and public welfare, shall report to the senate health and 
human services committee and the house health and welfare 
committee by January 15, 1986 and biennially thereafter 
regarding:  
    (1) projections on the number of elderly Minnesota 
residents including medical assistance recipients;  
    (2) the number of residents most at risk for nursing home 
placement;  
    (3) the needs for long-term care and alternative home and 
noninstitutional services;  
    (4) availability of and access to alternative services by 
geographic region; and 
    (5) the necessity or desirability of continuing, modifying, 
or repealing the moratorium in relation to the availability and 
development of the continuum of long-term care services.  
    Sec. 29.  Minnesota Statutes 1982, section 156A.031, 
subdivision 2, is repealed. 
    Sec. 30.  Minnesota Statutes 1982, section 156A.04, is 
amended to read: 
    156A.04 [SUSPENSION OR REVOCATION OF LICENSE.] 
    The state commissioner of health may, after hearing upon 
reasonable notice, suspend or revoke the license of a contractor 
or an explorer upon finding that the licensee has violated the 
provisions of sections 156A.01 to 156A.08 or the rules and 
regulations adopted hereunder applicable to the particular 
license.  Proceedings by the state commissioner of health 
pursuant to this section and review thereof shall be in 
accordance with the Administrative Procedure Act.  
    Sec. 31.  Minnesota Statutes 1982, section 161.16, 
subdivision 4, is amended to read: 
    Subd. 4.  [REVERSION OR CONVEYANCE TO ANOTHER ROAD 
AUTHORITY.] (a) If the commissioner makes a change in the 
definite location of a trunk highway as provided in this 
section, the portion of the existing road that is no longer a 
part of the trunk highway by reason of the change and all right, 
title, and interest of the state in the trunk highway shall 
revert to the road authority originally charged with the care of 
that trunk highway. 
     (b) If the portion had its origin as a trunk highway, it 
shall become a county highway unless it lies within the 
corporate limits of a city, in which case it shall become a 
street of the city.  When the existing road that is no longer a 
part of the trunk highway by reason of the change lies within a 
city of less than 5,000 population, the portion shall revert to 
the county if the portion meets the criteria for a county 
state-aid highway.  In municipalities of over 5,000 population 
that portion of the road may revert to the county if the 
appropriate authorities of the state, county and the various 
cities through which the route passes so agree.  Should any city 
not agree that the portion of the roadway that passes through it 
shall revert to county jurisdiction, the portion shall not so 
revert, although the other portions of the roadway in which 
agreement has been reached shall revert to county jurisdiction.  
Notwithstanding the other provisions of this chapter or other 
applicable laws and regulations, the commissioner may convey and 
quitclaim to a county, city, or other political subdivision all 
or part of the right of way of the existing road that is no 
longer a part of the trunk highway by reason of the 
commissioner's order or orders.  The conveyance shall be for 
highway purposes, and the future cost of maintenance, 
improvement, or reconstruction of the highway and the 
contribution of that highway to the public highway system is 
reasonable and proper consideration for the conveyance.  Extra 
Session Laws 1967, Chapter 11 This subdivision shall apply to 
all trunk highways reverted before the date of its enactment. 
    Sec. 32.  Minnesota Statutes 1983 Supplement, section 
168.126, subdivision 1, is amended to read: 
    Subdivision 1.  [UNIQUE REGISTRATION CATEGORY.] A unique 
vehicle registration category is established for vehicles known 
as commuter vans, as defined in section 221.011, subdivision 22, 
paragraph (l) 27.  
    Sec. 33.  Minnesota Statutes 1982, section 169.45, is 
amended to read: 
    169.45 [SCHOOL BUSES.] 
    The state board of education shall have sole and exclusive 
authority to adopt and enforce regulations rules not 
inconsistent with this chapter to govern the design, color, and 
operation of school buses used for the transportation of school 
children, when owned and operated by a school district or 
privately owned and operated under a contract with a school 
district, and these regulations rules shall be made a part of 
any such contract by reference.  Each school district, its 
officers and employees, and each person employed under such a 
contract is subject to these regulations rules.  
    Sec. 34.  Minnesota Statutes 1983 Supplement, section 
176.111, subdivision 18, is amended to read: 
    Subd. 18.  [BURIAL EXPENSE.] In all cases where death 
results to an employee from a personal injury arising out of and 
in the course of employment, the employer shall pay the expense 
of burial, not exceeding in amount $2,500.  In case any dispute 
arises as to the reasonable value of the services rendered in 
connection with the burial, its reasonable value shall be 
determined and approved by the commissioner, a compensation 
judge, or workers' compensation court of appeals, in cases upon 
appeal, before payment, after reasonable notice to interested 
parties as is required by the commissioner.  If the deceased 
leave leaves no dependents, no compensation is payable, except 
as provided by this chapter. 
    Sec. 35.  Minnesota Statutes 1983 Supplement, section 
240.08, subdivision 2, is amended to read: 
    Subd. 2.  [APPLICATION.] An application for a class C 
license must be on a form the commission prescribes and must be 
accompanied by an affidavit of qualification that the applicant: 
    (a) is not in default in the payment of an obligation or 
debt to the state under Laws 1983, chapter 214;  
    (b) has never been convicted of a felony in a state or 
federal court and does not have a state or federal felony charge 
pending;  
    (c) is not and never has been connected with or engaged in 
an illegal business;  
    (d) has never been found guilty of fraud or 
misrepresentation in connection with racing or breeding;  
    (e) has never been found guilty of a violation of law or 
rule relating to horse racing, pari-mutuel betting or any other 
form of gambling which is a serious violation as defined by the 
commission's rules; and 
    (f) has never knowingly violated a rule or order of the 
commission or a law of Minnesota relating to racing.  
    The application must also contain an irrevocable consent 
statement, to be signed by the applicant, which states that 
suits and actions relating to the subject matter of the 
application or acts or omissions arising from it may be 
commenced against the applicant in any court of competent 
jurisdiction in this state by the service on the secretary of 
state of any summons, process, or pleadings pleading authorized 
by the laws of this state.  If any summons, process, or 
pleadings pleading is served upon the secretary of state, it 
must be by duplicate copies.  One copy must be retained in the 
office of the secretary of state and the other copy must be 
forwarded immediately by certified mail to the address of the 
applicant, as shown by the records of the commission.  
    Sec. 36.  Minnesota Statutes 1983 Supplement, section 
241.64, subdivision 1, is amended to read: 
    Subdivision 1.  [CREATION.] Within 60 days after the 
effective date of sections 241.61 to 241.66, the commissioner 
shall appoint a nine member advisory council to advise him on 
the implementation of sections 241.61 to 241.66.  The provisions 
of section 15.059 shall govern the terms, removal of members, 
and expiration of the advisory council.  Council members shall 
not receive per diem, but shall receive expenses in the same 
manner and amount as state employees.  
    Sec. 37.  Minnesota Statutes 1983 Supplement, section 
241.64, subdivision 3, is amended to read: 
    Subd. 3.  [DUTIES.] The advisory council shall: 
    (a) recommend to the commissioner the names of five 
applicants for the position of project coordinator.;  
    (b) advise the commissioner on the rules promulgated 
pursuant to section 241.63; 
    (c) review and comment on applications received by the 
commissioner for designation as a pilot program and applications 
for education grants; and 
    (d) advise the project coordinator in the performance of 
his duties in the administration and coordination of the 
programs funded under section 241.62. 
    Sec. 38.  Minnesota Statutes 1983 Supplement, section 
256.482, subdivision 2, is reenacted. 
    Sec. 39.  Laws 1983, chapters 260, section 56, subdivision 
2; and 277, section 2, subdivision 2, are repealed. 
    Sec. 40.  Minnesota Statutes 1983 Supplement, section 
256B.431, subdivision 2, is amended to read: 
    Subd. 2.  [OPERATING COSTS.] (a) The commissioner shall 
establish, by rule, procedures for determining per diem 
reimbursement for operating costs based on actual resident days. 
The commissioner shall disallow any portion of the general and 
administration cost category, exclusive of fringe benefits and 
payroll taxes, that exceeds:  
    (1) 10 percent for nursing homes with more than 100 
certified beds in total, 
    (2) 12 percent for nursing homes with fewer than 101 but 
more than 40 certified beds in total, 
    (3) 14 percent for nursing homes with 40 or fewer certified 
beds in total, and 
    (4) 15 percent for convalescent and nursing care units 
attached to hospitals for the rate year beginning July 1, 1983, 
of the expenditures in all operating cost categories except 
fringe benefits, payroll taxes, and general and administration.  
    (b) For the rate year beginning July 1, 1983, and ending 
June 30, 1984, the prospective operating cost payment rate for 
each nursing home shall be determined by the commissioner based 
on the allowed historical operating costs as reported in the 
most recent cost report received by December 31, 1982 and 
audited by March 1, 1983, and may be subsequently adjusted to 
reflect the costs allowed.  To determine the allowed historical 
operating cost, the commissioner shall update the historical per 
diem shown in those cost reports to June 30, 1983, using a nine 
percent annual rate of increase after applying the general and 
administrative cost limitation described in paragraph (a).  The 
commissioner shall calculate the 60th percentile of actual 
allowable historical operating cost per diems for each group of 
nursing homes established under subdivision 1.  
     (1) Within each group, each nursing home whose actual 
allowable historical operating cost per diem as determined under 
this paragraph (b) is above the 60th percentile shall receive 
the 60th percentile increased by six percent plus 80 percent of 
the difference between its actual allowable operating cost per 
diem and the 60th percentile.  
     (2) Within each group, each nursing home whose actual 
allowable historical operating cost per diem is at or below the 
60th percentile shall receive that actual allowable historical 
operating cost per diem increased by six percent.  
     For the rate year beginning July 1, 1984, and ending June 
30, 1985, the prospective operating cost payment rate for each 
nursing home shall be determined by the commissioner based on 
actual allowable historical operating costs incurred during the 
reporting year preceding the rate year.  The commissioner shall 
analyze and evaluate each nursing home's report of allowable 
operating costs incurred by the nursing home during the 
reporting year immediately preceding the rate year.  The actual 
allowable historical operating costs, after the commissioner's 
analysis and evaluation, shall be added together and divided by 
the number of actual resident days to compute the actual 
allowable historical operating cost per diems.  The commissioner 
shall calculate the 60th percentile of actual allowable 
historical operating cost per diems for each group of nursing 
homes established under subdivision 1.  
     (3) Within each group, each nursing home whose actual 
allowable historical operating cost per diem is above the 60th 
percentile of payment rates shall receive the 60th percentile 
increased at an annual rate of six percent plus 75 percent of 
the difference between its actual allowable historical operating 
cost per diem and the 60th percentile.  
     (4) Within each group, each nursing home whose actual 
allowable historical operating cost per diem is at or below the 
60th percentile shall receive that actual allowable historical 
operating cost per diem increased at an annual rate of six 
percent.  
     (c) For subsequent years, the commissioner shall:  
     (1) Contract with an econometric firm with recognized 
expertise in and access to national economic change indices that 
can be applied to the appropriate cost categories when 
determining the operating cost payment rate;  
     (2) Establish the 60th percentile of actual allowable 
historical operating cost per diems for each group of nursing 
homes established under subdivision 1 based on cost reports of 
allowable operating costs in the previous reporting year.  The 
commissioner shall analyze and evaluate each nursing home's 
report of allowable operating costs incurred by the nursing home 
during the reporting year immediately preceding the rate year 
for which the payment rate becomes effective.  The allowable 
historical operating costs, after the commissioner's analysis 
and evaluation, shall be added together and divided by the 
actual number of resident days in order to compute the actual 
allowable historical operating cost per diem; 
     (3) Establish a composite index for each group by 
determining the weighted average of all economic change 
indicators applied to the operating cost categories in that 
group;  
     (4) Within each group, each nursing home shall receive the 
60th percentile increased by the composite index calculated in 
paragraph (c)(3).  The historical base for determining the 
prospective payment rate shall not exceed the operating cost 
payment rates during that reporting year.  
     The commissioner shall include the reported actual real 
estate tax liability of each proprietary nursing home as an 
operating cost of that nursing home.  The commissioner shall 
include a reported actual special assessment for each nursing 
home as an operating cost of that nursing home.  Total real 
estate tax liability and actual special assessments paid for 
each nursing home (i) shall be divided by actual resident days 
in order to compute the operating cost payment rate for this 
operating cost category, but (ii) shall not be used to compute 
the 60th percentile.  
     (d) The commissioner shall allow the nursing home to keep, 
as an efficiency incentive, the difference between the nursing 
home's operating cost payment rate established for that rate 
year and the actual historical operating costs incurred for that 
rate year, if the latter amount is smaller.  If a nursing home's 
actual historic operating costs are greater than the prospective 
payment rate for that rate year, there shall be no retroactive 
cost settle-up.  If an annual cost report or field audit 
indicates that the expenditures for direct resident care have 
been reduced in amounts large enough to indicate a possible 
detrimental effect on the quality of care, the commissioner 
shall notify the commissioner of health and the interagency 
board for quality assurance.  If a field audit reveals that 
unallowable expenditures have been included in the nursing 
home's historical operating costs, the commissioner shall 
disallow the expenditures and recover the entire overpayment. 
The commissioner shall establish, by rule, procedures for 
assessing an interest charge at the rate determined for unpaid 
taxes or penalties under section 270.75 on any outstanding 
balance resulting from an overpayment or underpayment.  
     (e) The commissioner may negotiate, with a nursing home 
that is eligible to receive medical assistance payments, a 
payment rate of up to 125 percent of the allowed payment rate to 
be paid for a period of up to three months for individuals who 
have been hospitalized for more than 100 days, who have 
extensive care needs based on nursing hours actually provided or 
mental or physical disability, or need for respite care for a 
specified and limited time period, and based on an assessment of 
the nursing home's resident mix as determined by the 
commissioner of health.  The payment rate negotiated and paid 
pursuant to this paragraph is specifically exempt from the 
definition of "rule" and the rule-making procedures required by 
chapter 14 and section 256B.502. 
     (f) Until groups are established according to mix of 
resident care needs, nursing homes licensed on June 1, 1983 by 
the commissioner to provide residential services for the 
physically handicapped and nursing homes that have an average 
length of stay of less than 180 days shall not be included in 
the calculation of the 60th percentile of any group.  For rate 
year beginning July 1, 1983 and July 1, 1984, each of these 
nursing homes shall receive their actual allowed historical 
operating cost per diem increased by six percent.  The 
commissioner shall also apply to these nursing homes the 
percentage limitation on the general and administrative cost 
category as provided in subdivision 2, paragraph (a).  
    Sec. 41.  Minnesota Statutes 1983 Supplement, section 
256B.431, subdivision 3, is amended to read: 
    Subd. 3.  [PROPERTY-RELATED COSTS.] (a) For rate years 
beginning July 1, 1983 and July 1, 1984, property-related costs 
shall be reimbursed to each nursing home at the level recognized 
in the most recent cost report received by December 31, 1982 and 
audited by March 1, 1983, and may be subsequently adjusted to 
reflect the costs recognized in the final rate for that cost 
report, adjusted for rate limitations in effect before the 
effective date of this section.  Property-related costs 
include:  depreciation, interest, earnings or investment 
allowance, lease, or rental payments.  No adjustments shall be 
made as a result of sales or reorganizations of provider 
entities.  
    (b) Adjustments for the cost of repairs, replacements, 
renewals, betterments, or improvements to existing buildings, 
and building service equipment shall be allowed if:  
    (i) (1) The cost incurred is reasonable, necessary, and 
ordinary;  
    (ii) (2) The net cost is greater than $5,000.  "Net cost" 
means the actual cost, minus proceeds from insurance, salvage, 
or disposal;  
    (iii) (3) The nursing home's property-related costs per 
diem is equal to or less than the average property-related costs 
per diem within its group; and 
    (iv) (4) The adjustment is shown in depreciation schedules 
submitted to and approved by the commissioner.  
    (c) Annual per diem shall be computed by dividing total 
property-related costs by 96 percent of the nursing home's 
licensed capacity days for nursing homes with more than 60 beds 
and 94 percent of the nursing home's licensed capacity days for 
nursing homes with 60 or fewer beds.  For a nursing home whose 
residents' average length of stay is 180 days or less, the 
commissioner may waive the 96 or 94 percent factor and divide 
the nursing home's property-related costs by the actual resident 
days to compute the nursing home's annual property-related per 
diem.  The commissioner shall promulgate temporary and permanent 
rules to recapture excess depreciation upon sale of a nursing 
home.  
    (d) For rate years beginning on or after July 1, 1985, the 
commissioner, by permanent rule, shall reimburse nursing home 
providers that are vendors in the medical assistance program for 
the rental use of their property.  The "rent" is the amount of 
periodic payment which a renter might expect to pay for the 
right to the agreed use of the real estate and the depreciable 
equipment as it exists.  "Real estate" means land improvements, 
buildings, and attached fixtures used directly for resident 
care.  "Depreciable equipment" means the standard moveable 
resident care equipment and support service equipment generally 
used in long-term care facilities.  
    (e) In developing the method for determining payment rates 
for the rental use of nursing homes, the commissioner shall 
consider factors designed to:  
    (i) (1) simplify the administrative procedures for 
determining payment rates for property-related costs;  
    (ii) (2) minimize discretionary or appealable decisions;  
    (iii) (3) eliminate any incentives to sell nursing homes;  
    (iv) (4) recognize legitimate costs of preserving and 
replacing property; 
    (v) (5) recognize the existing costs of outstanding 
indebtedness allowable under the statutes and rules in effect on 
May 1, 1983;  
    (vi) (6) address the current value of, if used directly for 
patient care, land improvements, buildings, attached fixtures, 
and equipment; 
    (vii) (7) establish an investment per bed limitation; 
    (viii) (8) reward efficient management of capital assets; 
    (ix) (9) provide equitable treatment of facilities;  
    (x) (10) consider a variable rate; and 
    (xi) (11) phase in implementation of the rental 
reimbursement method.  
    (f) No later than January 1, 1984, the commissioner shall 
report to the legislature on any further action necessary or 
desirable in order to implement the purposes and provisions of 
this subdivision.  
    Sec. 42.  Minnesota Statutes 1982, section 256C.02, is 
amended to read: 
    256C.02 [PUBLIC ACCOMMODATIONS.] 
    The blind, the visually handicapped, and the otherwise 
physically disabled have the same right as the able-bodied to 
the full and free use of the streets, highways, sidewalks, 
walkways, public buildings, public facilities, and other public 
places; and are entitled to full and equal accommodations, 
advantages, facilities, and privileges of all common carriers, 
airplanes, motor vehicles, railroad trains, motor buses, boats, 
or any other public conveyances or modes of transportation, 
hotels, lodging places, places of public accommodation, 
amusement, or resort, and other places to which the general 
public is invited, subject only to the conditions and 
limitations established by law and applicable alike to all 
persons. 
    Every totally or partially blind or deaf person shall have 
the right to be accompanied by a guide dog in any of the places 
listed in section 327.095 363.03, subdivision 10; provided that 
he shall be liable for any damage done to the premises or 
facilities by such dog. 
    Sec. 43.  Minnesota Statutes 1983 Supplement, section 
260.185, subdivision 1, is amended to read: 
    Subdivision 1.  If the court finds that the child is 
delinquent, it shall enter an order making any of the following 
dispositions of the case which are deemed necessary to the 
rehabilitation of the child: 
      (a) Counsel the child or his parents, guardian, or 
custodian; 
      (b) Place the child under the supervision of a probation 
officer or other suitable person in his own home under 
conditions prescribed by the court including reasonable rules 
for his conduct and the conduct of his parents, guardian, or 
custodian, designed for the physical, mental, and moral 
well-being and behavior of the child, or with the consent of the 
commissioner of corrections, in a group foster care facility 
which is under the management and supervision of said 
commissioner; 
      (c) Subject to the supervision of the court, transfer legal 
custody of the child to one of the following: 
      (1) A child placing agency; or 
      (2) The county welfare board; or 
      (3) A reputable individual of good moral character.  No 
person may receive custody of two or more unrelated children 
unless he is licensed as a residential facility pursuant to 
sections 245.781 to 245.812; or 
     (4) Except for children found to be delinquent as defined 
in section 260.015, subdivision 5, clauses (c) and (d), a county 
home school, if the county maintains a home school or enters 
into an agreement with a county home school; or 
    (5) A county probation officer for placement in a group 
foster home established under the direction of the juvenile 
court and licensed pursuant to section 241.021; 
    (d) Except for children found to be delinquent as defined 
in section 260.015, subdivision 5, clauses (c) and (d), transfer 
legal custody by commitment to the commissioner of corrections; 
    (e) If the child is found to have violated a state or local 
law or ordinance which has resulted in damage to the property of 
another, the court may order the child to make reasonable 
restitution for such damage; 
    (f) Require the child to pay a fine of up to $500; the 
court shall order payment of the fine in accordance with a time 
payment schedule which shall not impose an undue financial 
hardship on the child;  
    (g) If the child is in need of special treatment and care 
for his physical or mental health, the court may order the 
child's parent, guardian, or custodian to provide it.  If the 
parent, guardian, or custodian fails to provide this treatment 
or care, the court may order it provided;  
    (h) If the court believes that it is in the best interests 
of the child and of public safety that the driver's license of 
the child be canceled until his 18th birthday, the court may 
recommend to the commissioner of transportation public safety 
the cancellation of the child's license for any period up to the 
child's 18th birthday, and the commissioner is hereby authorized 
to cancel such license without a hearing.  At any time before 
the termination of the period of cancellation, the court may, 
for good cause, recommend to the commissioner of transportation 
public safety that the child be authorized to apply for a new 
license, and the commissioner may so authorize. 
    Any order for a disposition authorized under this section 
shall contain written findings of fact to support the 
disposition ordered, and shall also set forth in writing the 
following information: 
    (a) Why the best interests of the child are served by the 
disposition ordered; and 
    (b) What alternative dispositions were considered by the 
court and why such dispositions were not appropriate in the 
instant case. 
    This subdivision applies to dispositions of juveniles found 
to be delinquent as defined in section 260.015, subdivision 5, 
clause (c) or (d) made prior to, on, or after January 1, 1978.  
    Sec. 44.  Minnesota Statutes 1983 Supplement, section 
268.04, subdivision 25, is amended to read: 
    Subd. 25.  [WAGES.] "Wages" means all remuneration for 
services, including commissions and bonuses, back pay as of the 
date of payment, and tips and gratuities paid to an employee by 
a customer of an employer and accounted for by the employee to 
the employer, and the cash value of all remuneration in any 
medium other than cash, except that such term shall not include: 
     (a) For the purpose of determining contributions payable 
under section 268.06, subdivision 2, that part of the 
remuneration which exceeds, for each calendar year, the greater 
of $7,000 or that part of the remuneration which exceeds 60 
percent of the average annual wage rounded to the nearest $100 
computed in accordance with the provisions of clause (f), paid 
to an individual by an employer with respect to covered 
employment in this state, or with respect to employment under 
the unemployment compensation law of any other state during any 
calendar year paid to such individual by such covered employer 
or his predecessor during such calendar year; provided, that if 
the term "wages" as contained in the Federal Unemployment Tax 
Act is amended to include remuneration in excess of the amount 
required to be paid hereunder to an individual by an employer 
under the federal act for any calendar year, wages for the 
purposes of sections 268.03 to 268.24 shall include remuneration 
paid in a calendar year up to an amount equal to the dollar 
limitation specified in the Federal Unemployment Tax Act.  For 
the purposes of this clause, the term "employment" shall include 
service constituting employment under any employment security 
law of another state or of the federal government; 
     (b) The amount of any payment made to, or on behalf of, an 
employee under a plan or system established by an employer which 
makes provision for his employees generally or for a class or 
classes of his employees (including any amount paid by an 
employer for insurance or annuities, or into a fund, to provide 
for any such payment), on account of (1) retirement or (2) 
sickness or accident disability or (3) medical and 
hospitalization expenses in connection with sickness or accident 
disability, or (4) death, provided the employee has not the 
option to receive, instead of provision for such death benefit, 
any part of such payment, or if such death benefit is insured, 
any part of the premium (or contributions to premiums) paid by 
his employer and has not the right, under the provisions of the 
plan or system or policy of insurance providing for such death 
benefit, to assign such benefit, or to receive a cash 
consideration in lieu of such benefit either upon his withdrawal 
from the plan or system providing for such benefit or upon 
termination of such plan or system or policy of insurance or of 
his employment with such employer; 
     (c) The payment by an employer (without deduction from the 
remuneration of the employee) (1) of the tax imposed upon an 
employee under section 3101 of the federal Internal Revenue 
Code, or (2) of any payment required from an employee under a 
state unemployment compensation law, with respect to 
remuneration paid to an employee for domestic service in a 
private home of the employer or for agricultural labor;  
     (d) Any payments made to a former employee during the 
period of active military service in the armed forces of the 
United States by such employer, whether legally required or not; 
    (e) Any payment made to, or on behalf of, an employee or 
his beneficiary (1) from or to a trust described in section 
401(a) of the federal Internal Revenue Code which is exempt from 
tax under section 501(a) of such code at the time of such 
payment unless such payment is made to an employee of the trust 
as remuneration for services rendered as an employee and not as 
a beneficiary of the trust, or (2) under or to an annuity plan 
which, at the time of such payment is a plan described in 
section 403(a) of the federal Internal Revenue Code, or (c) (3) 
under or to a bond purchase plan which, at the time of such 
payment, is a qualified bond purchase plan described in section 
405(a) of the federal Internal Revenue Code; 
    (f) On or before July 1 of each year the commissioner shall 
determine the average annual wage paid by employers subject to 
sections 268.03 to 268.24 in the following manner: 
    (1) The sum of the total monthly employment reported for 
the previous calendar year shall be divided by 12 to determine 
the average monthly employment; 
    (2) The sum of the total wages reported for the previous 
calendar year shall be divided by the average monthly employment 
to determine the average annual wage. 
    The average annual wage determined shall be effective for 
the calendar year next succeeding the determination.  
    Sec. 45.  Minnesota Statutes 1983 Supplement, section 
272.02, subdivision 1, is amended to read:  
    Subdivision 1.  Except as provided in other subdivisions of 
this section or in section 272.025 or section 273.13, 
subdivisions 17, 17b, 17c or 17d, all property described in this 
section to the extent herein limited shall be exempt from 
taxation: 
     (1) All public burying grounds; 
     (2) All public schoolhouses; 
     (3) All public hospitals; 
     (4) All academies, colleges, and universities, and all 
seminaries of learning; 
     (5) All churches, church property, and houses of worship; 
     (6) Institutions of purely public charity except property 
assessed pursuant to section 273.13, subdivisions 17, 17b, 17c 
or 17d; 
      (7) All public property exclusively used for any public 
purpose; 
     (8) (a) Class 2 property of every household of the value of 
$100, maintained in the principal place of residence of the 
owner thereof.  The county auditor shall deduct the exemption 
from the total valuation of the property as equalized by the 
commissioner of revenue assessed to the household, and extend 
the levy of taxes upon the remainder only.  The term "household" 
as used in this section is defined to be a domestic 
establishment maintained either (1) by two or more persons 
living together within the same house or place of abode, 
subsisting in common and constituting a domestic or family 
relationship, or (2) by one person. 
      (b) During the period of his active service and for six 
months after his discharge therefrom, no member of the armed 
forces of the United States shall lose status of a householder 
under paragraph (a) which he had immediately prior to becoming a 
member of the armed forces. 
      In case there is an assessment against more than one member 
of a household the $100 exemption shall be divided among the 
members assessed in the proportion that the assessed value of 
the Class 2 property of each bears to the total assessed value 
of the Class 2 property of all the members assessed.  The Class 
2 property of each household claimed to be exempt shall be 
limited to property in one taxing district, except in cases 
where a single domestic establishment is maintained in two or 
more adjoining districts. 
     Bonds, certificates of indebtedness, or other obligations 
issued by the state of Minnesota, or by any county or city of 
the state, or any town, or any common or independent school 
district of the state, or any governmental board of the state 
are exempt from ad valorem property taxation; provided, that 
this subdivision shall not exempt the obligations or their 
interest from any excise or other tax levied on income, gross 
earnings, estates, inheritance, bequests, gifts, transfers, 
sales, or other transactions, other than an ad valorem property 
tax. 
     (9) Farm machinery manufactured prior to 1930, which is 
used only for display purposes as a collectors item; 
     (10) The taxpayer shall be exempted with respect to all 
agricultural products, inventories, stocks of merchandise of all 
sorts, all materials, parts and supplies, furniture and 
equipment, manufacturers material, manufactured articles 
including the inventories of manufacturers, wholesalers, 
retailers and contractors; and the furnishings of a room or 
apartment in a hotel, rooming house, tourist court, motel or 
trailer camp, tools and machinery which by law are considered as 
personal property, and the property described in section 272.03, 
subdivision 1, clause (c), except personal property which is 
part of an electric generating, transmission, or distribution 
system or a pipeline system transporting or distributing water, 
gas, or petroleum products or mains and pipes used in the 
distribution of steam or hot or chilled water for heating or 
cooling buildings and structures.  Railroad docks and wharves 
which are part of the operating property of a railroad company 
as defined in section 270.80 are not exempt. 
      (11) Containers of a kind customarily in the possession of 
the consumer during the consumption of commodities, the sale of 
which are subject to tax under the provisions of the excise tax 
imposed by chapter 297A; 
     (12) All livestock, poultry, all horses, mules and other 
animals used exclusively for agricultural purposes; 
     (13) All agricultural tools, implements and machinery used 
by the owners in any agricultural pursuit. 
     (14) Real and personal property used primarily for the 
abatement and control of air, water, or land pollution to the 
extent that it is so used, other than real property used 
primarily as a solid waste disposal site. 
     Any taxpayer requesting exemption of all or a portion of 
any equipment or device, or part thereof, operated primarily for 
the control or abatement of air or water pollution shall file an 
application with the commissioner of revenue.  The equipment or 
device shall meet standards, regulations or criteria prescribed 
by the Minnesota Pollution Control Agency, and must be installed 
or operated in accordance with a permit or order issued by that 
agency.  The Minnesota Pollution Control Agency shall upon 
request of the commissioner furnish information or advice to the 
commissioner.  If the commissioner determines that property 
qualifies for exemption, he shall issue an order exempting the 
property from taxation.  The equipment or device shall continue 
to be exempt from taxation as long as the permit issued by the 
Minnesota Pollution Control Agency remains in effect. 
     (15) Wetlands.  For purposes of this subdivision, 
"wetlands" means land which is mostly under water, produces 
little if any income, and has no use except for wildlife or 
water conservation purposes.  "Wetlands" shall be land preserved 
in its natural condition, drainage of which would be legal, 
feasible, and economically practical for the production of 
livestock, dairy animals, poultry, fruit, vegetables, forage and 
grains, except wild rice.  "Wetlands" shall include adjacent 
land which is not suitable for agricultural purposes due to the 
presence of the wetlands.  "Wetlands" shall not include woody 
swamps containing shrubs or trees, wet meadows, meandered water, 
streams, rivers, and floodplains or river bottoms.  Exemption of 
wetlands from taxation pursuant to this section shall not grant 
the public any additional or greater right of access to the 
wetlands or diminish any right of ownership to the wetlands. 
     (16) Native prairie.  The commissioner of the department of 
natural resources shall determine lands in the state which are 
native prairie and shall notify the county assessor of each 
county in which the lands are located.  Pasture land used for 
livestock grazing purposes shall not be considered native 
prairie for the purposes of this clause and section 273.116.  
Upon receipt of an application for the exemption and credit 
provided in this clause and section 273.116 for lands for which 
the assessor has no determination from the commissioner of 
natural resources, the assessor shall refer the application to 
the commissioner of natural resources who shall determine within 
30 days whether the land is native prairie and notify the county 
assessor of his decision.  Exemption of native prairie pursuant 
to this clause shall not grant the public any additional or 
greater right of access to the native prairie or diminish any 
right of ownership to it. 
     (17) Property used in a continuous program to provide 
emergency shelter for victims of domestic abuse, provided the 
organization that owns and sponsors the shelter is exempt from 
federal income taxation pursuant to section 501(c)(3) of the 
Internal Revenue Code of 1954, as amended through December 31, 
1982, notwithstanding the fact that the sponsoring organization 
receives funding under section 8 of the United States Housing 
Act of 1937, as amended. 
      (18) If approved by the governing body of the municipality 
in which the property is located, property not exceeding one 
acre which is owned and operated by any senior citizen group or 
association of groups that in general limits membership to 
persons age 55 or older and is organized and operated 
exclusively for pleasure, recreation, and other nonprofit 
purposes, no part of the net earnings of which inures to the 
benefit of any private shareholders; provided the property is 
used primarily as a clubhouse, meeting facility or recreational 
facility by the group or association and the property is not 
used for residential purposes on either a temporary or permanent 
basis. 
     (19) To the extent provided by section 295.44, real and 
personal property used or to be used primarily for the 
production of hydroelectric or hydromechanical power on a site 
owned by the state or a local governmental unit which is 
developed and operated pursuant to the provisions of section 
105.482, subdivisions 1, 8 and 9. 
     (20) If approved by the governing body of the municipality 
in which the property is located, a direct satellite 
broadcasting facility or fixed satellite regional or national 
program service facility, construction of which is commenced 
after June 30, 1983, for a period not to exceed five years.  
When the facility no longer qualifies for exemption, it shall be 
placed on the assessment rolls as provided in subdivision 4.  As 
used in this clause, a "direct satellite broadcasting facility" 
is a facility operated by a corporation licensed by the federal 
communications commission to provide direct satellite 
broadcasting services using direct broadcast satellites 
operating in the 12-ghz. band and a "fixed satellite regional or 
national program service facility" is a facility operated by a 
corporation licensed by the federal communications commission to 
provide fixed satellite-transmitted regularly scheduled 
broadcasting services using satellites operating in the 6-ghz. 
band.  Before approving a tax exemption pursuant to this 
paragraph, the governing body of the municipality shall provide 
an opportunity to the members of the county board of 
commissioners of the county in which the facility is proposed to 
be located and the members of the school board of the school 
district in which the facility is proposed to be located to meet 
with the governing body.  The governing body shall present to 
the members of those boards its estimate of the fiscal impact of 
the proposed property tax exemption.  The tax exemption shall 
not be approved by the governing body until the county board of 
commissioners has presented its written comment on the proposal 
to the governing body, or 30 days has passed from the date of 
the transmittal by the governing body to the board of the 
information on the fiscal impact, whichever occurs first.  
    (21) If approved by the governing body of the municipality 
in which the property is located, a facility construction of 
which is commercial commenced after June 30, 1983, at which a 
licensed Minnesota manufacturer produces distilled spirituous 
liquors, liqueurs, cordials, or liquors designated as 
specialties regardless of alcoholic content, but not including 
ethyl alcohol, distilled with a majority of the ingredients 
grown or produced in Minnesota, for a period not to exceed five 
years.  When the facility no longer qualifies for exemption, it 
shall be placed on the assessment rolls as provided in 
subdivision 4.  Before approving a tax exemption pursuant to 
this paragraph, the governing body of the municipality shall 
provide an opportunity to the members of the county board of 
commissioners of the county in which the facility is proposed to 
be located and the members of the school board of the school 
district in which the facility is proposed to be located to meet 
with the governing body.  The governing body shall present to 
the members of those boards its estimate of the fiscal impact of 
the proposed property tax exemption.  The tax exemption shall 
not be approved by the governing body until the county board of 
commissioners has presented its written comment on the proposal 
to the governing body, or 30 days has passed from the date of 
the transmittal by the governing body to the board of the 
information on the fiscal impact, whichever occurs first.  
    Sec. 46.  Minnesota Statutes 1983 Supplement, section 
273.118, is amended to read:  
    273.118 [TAX PAID IN RECOGNITION OF CONGRESSIONAL MEDAL OF 
HONOR.] 
    An owner of property classified under section 273.13, 
subdivision 6, 6a, 7, 7d, or 14a, who submits to the 
commissioner of revenue his property tax statement and 
reasonable proof that the owner of the property:  
    (a) is a veteran as defined in section 197.447;  
    (b) was a resident of this state for at least six months 
before entering military service, or has been a resident of this 
state for five consecutive years before submitting the statement 
and proof; and 
    (c) has been awarded the congressional medal of honor;  
    shall be paid by the commissioner of revenue, within 30 
days after the commissioner receives the statement and proof, 
the amount of the owner's property tax liability as shown on the 
statement, up to $2,000.  The surviving spouse of a property 
owner who has received a payment under this section may receive 
payment of property taxes under this section as long as the 
spouse continues to own and occupy the property for which the 
taxes were paid under this section and the property continues to 
have an eligible classification.  Property taxes paid under this 
section reduce property taxes payable for purposes of chapter 
290A, the Property Tax Refund Act.  
    Sec. 47.  Minnesota Statutes 1983 Supplement, section 
290.01, subdivision 19, is amended to read:  
    Subd. 19.  [NET INCOME.] The term "net income" means the 
gross income, as defined in subdivision 20, less the following 
deductions to the extent allowed by section 290.18, subdivision 
1:  
    (a) For corporations, the deductions allowed by section 
290.09;  
    (b) For individuals, the deductions allowed in section 
290.088, without regard to section sections 290.18, subdivision 
1, section 290.089, and 290.09; and 
    (c) For estates and trusts, the deduction allowed by 
section 290.088, without regard to section 290.18, subdivision 1.
    Sec. 48.  Minnesota Statutes 1983 Supplement, section 
290.09, subdivision 5, is amended to read:  
    Subd. 5.  [LOSSES.] (a) [GENERAL RULE.] There shall be 
allowed as a deduction any loss sustained during the taxable 
year and not compensated for by insurance or otherwise. 
    (b) [AMOUNT OF DEDUCTION.] For purposes of paragraph (a), 
the basis for determining the amount of the deduction for any 
loss shall be the adjusted basis provided in this chapter for 
determining the loss from the sale or other disposition of 
property. 
    (c) [WAGERING LOSSES.] Losses from wagering transactions 
shall be allowed only to the extent of the gains from such 
transactions.  No loss from pari-mutuel betting shall be allowed 
except to the extent of verified receipts and the sworn 
testimony of as at least one witness other than the taxpayer or 
his spouse.  
    (d) [THEFT LOSSES.] For purposes of paragraph (a), any loss 
arising from theft shall be treated as sustained during the 
taxable year in which the taxpayer discovers such loss. 
    (e) [CAPITAL LOSSES.] Losses from sales or exchanges of 
capital assets shall be allowed only to the extent allowed in 
section 290.16. 
    (f) [WORTHLESS SECURITIES.] If any security which is a 
capital asset becomes worthless during the taxable year, the 
loss resulting therefrom shall, for purposes of this chapter, be 
treated as a loss from the sale or exchange, on the last day of 
the taxable year, of a capital asset. 
    The definitions contained in section 165(g) of the Internal 
Revenue Code of 1954, as amended through January 15, 1983, shall 
apply.  No deduction shall be allowed for any loss sustained on 
any registration-required obligation as defined in and except as 
provided in section 165(j) of the Internal Revenue Code of 1954, 
as amended through January 15, 1983.  
    (g) [DISASTER LOSSES.] Notwithstanding the provisions of 
paragraph (a), any loss attributable to a disaster occurring in 
an area subsequently determined by the President of the United 
States to warrant assistance by the Federal Government under the 
provisions of the Federal Disaster Relief Act of 1974 shall be 
deducted for the taxable year immediately preceding the taxable 
year in which the disaster occurred.  This provision shall apply 
only if an election has been made under the provisions of 
Section 165(i) of the Internal Revenue Code of 1954, as amended 
through January 15, 1983 for federal income tax purposes.  Such 
deduction allowed in the preceding taxable year shall not exceed 
the uncompensated amount determined on the basis of the facts 
existing at the date the taxpayer claims the loss.  If an 
election is made, the casualty resulting in the loss will be 
deemed to have occurred in the taxable year for which the 
deduction is claimed. 
    Sec. 49.  Minnesota Statutes 1983 Supplement, section 
290.10, is amended to read:  
     290.10 [NONDEDUCTIBLE ITEMS.] 
     In computing the net income no deduction shall in any case 
be allowed for: 
     (1) Personal, living or family expenses; 
     (2) Amounts paid out for new buildings or for permanent 
improvements or betterments made to increase the value of any 
property or estate, except as otherwise provided in this chapter;
     (3) Amounts expended in restoring property or in making 
good the exhaustion thereof for which an allowance is or has 
been made; 
     (4) Premiums paid on any life insurance policy covering the 
life of the taxpayer or of any other person; 
     (5) The shrinkage in value, due to the lapse of time, of a 
life or terminable interest of any kind in property acquired by 
gift, devise, bequest or inheritance; 
     (6) Losses from sales or exchanges of property, directly or 
indirectly, between related taxpayers as defined and as provided 
in section 267 of the Internal Revenue Code of 1954, as amended 
through December 31, 1982; 
     (7) In computing net income, no deduction shall be allowed 
under section 290.09, subdivision 2, relating to expenses 
incurred or under section 290.09, subdivision 3, relating to 
interest accrued as provided in section 267 of the Internal 
Revenue Code of 1954, as amended through December 31, 1982; 
     (8) (a) Contributions by employees under the federal 
Railroad Retirement Act and the federal Social Security Act.;  
(b) Payments to Minnesota or federal public employee retirement 
funds.; (c) Three-fourths (75 percent) of the amount of taxes 
imposed on self-employment income under section 1401 of the 
Internal Revenue Code of 1954, as amended through December 31, 
1982.;  
    (9) Expenses, interest and taxes connected with or 
allocable against the production or receipt of all income not 
included in the measure of the tax imposed by this chapter.;  
    (10) In situations where this chapter provides for a 
subtraction from gross income of a specific dollar amount of an 
item of income assignable to this state, and within the measure 
of the tax imposed by this chapter, that portion of the federal 
income tax liability assessed upon such income subtracted, and 
any expenses attributable to earning such income, shall not be 
deductible in computing net income.;  
    (11) Amounts paid or accrued for such taxes and carrying 
charges as, under rules prescribed by the commissioner, are 
chargeable to capital account with respect to property, if the 
taxpayer elects, in accordance with such rules, to treat such 
taxes or charges as so chargeable.;  
    (12) No deduction or credit shall be allowed for any amount 
paid or incurred during the taxable year in carrying on any 
trade or business if the trade or business (or the activities 
which comprise the trade or business) consists of trafficking in 
controlled substances (within the meaning of schedule I and II 
of the federal Controlled Substances Act) which is prohibited by 
federal law or the law of Minnesota.  
    Sec. 50.  Minnesota Statutes 1983 Supplement, section 
290.17, subdivision 2, is amended to read:  
    Subd. 2.  [OTHER TAXPAYERS.] In the case of taxpayers not 
subject to the provisions of subdivision 1, items of gross 
income shall be assigned to this state or other states or 
countries in accordance with the following principles: 
     (1) (a) The entire income of all resident or domestic 
taxpayers from compensation for labor or personal services, or 
from a business consisting principally of the performance of 
personal or professional services, shall be assigned to this 
state, and the income of nonresident taxpayers from such sources 
shall be assigned to this state if, and to the extent that, the 
labor or services are performed within it; all other income from 
such sources shall be treated as income from sources without 
this state.  
     (b) In the case of an individual who is a nonresident of 
Minnesota and who is an athlete or entertainer, income from 
compensation for labor or personal services performed within 
this state shall be determined in the following manner.  
     (i) The amount of income to be assigned to Minnesota for an 
individual who is a nonresident salaried athletic team employee 
shall be determined by using a fraction in which the denominator 
contains the total number of days in which the individual is 
under a duty to perform for the employer, and the numerator is 
the total number of those days spent in Minnesota.  In order to 
eliminate the need to file state or provincial income tax 
returns in several states or provinces, Minnesota will exclude 
from income any income assigned to Minnesota under the 
provisions of this clause for a nonresident athlete who is 
employed by an athletic team whose operations are not based in 
this state if the state or province in which the athletic team 
is based provides a similar income exclusion.  If the state or 
province in which the athletic team's operations are based does 
not have an income tax on an individual's personal service 
income, it will be deemed that that state or province has a 
similar income exclusion.  As used in the preceding sentence, 
the term "province" means a province of Canada.  
      (ii) The amount of income to be assigned to Minnesota for 
an individual who is a nonresident, and who is an athlete not 
listed in clause (i), or who is an entertainer, for that 
person's athletic or entertainment performance in Minnesota 
shall be determined by assigning to this state all income from 
performances or athletic contests in this state.  
     (2) Income from the operation of a farm shall be assigned 
to this state if the farm is located within this state and to 
other states only if the farm is not located in this state.  
Income from winnings on Minnesota pari-mutuel betting tickets 
shall be assigned to this state.  Income and gains received from 
tangible property not employed in the business of the recipient 
of such income or gains, and from tangible property employed in 
the business of such recipient if such business consists 
principally of the holding of such property and the collection 
of the income and gains therefrom, shall be assigned to this 
state if such property has a situs within it, and to other 
states only if it has no situs in this state.  Income or gains 
from intangible personal property not employed in the business 
of the recipient of such income or gains, and from intangible 
personal property employed in the business of such recipient if 
such business consists principally of the holding of such 
property and the collection of the income and gains therefrom, 
wherever held, whether in trust, or otherwise, shall be assigned 
to this state if the recipient thereof is domiciled within this 
state or is a resident trust or estate. 
    (3) Income derived from carrying on a trade or business, 
including in the case of a business owned by natural persons the 
income imputable to the owner for his services and the use of 
his property therein, shall be assigned to this state if the 
trade or business is conducted wholly within this state, and to 
other states if conducted wholly without this state.  This 
provision shall not apply to business income subject to the 
provisions of clause (1);.  
    (4) When a trade or business is carried on partly within 
and partly without this state, the entire income derived from 
such trade or business, including income from intangible 
property employed in such business and including, in the case of 
a business owned by natural persons, the income imputable to the 
owner for his services and the use of his property therein, 
shall be governed, except as otherwise provided in sections 
290.35 and 290.36, by the provisions of section 290.19, 
notwithstanding any provisions of this section to the contrary.  
This shall not apply to business income subject to the 
provisions of clause (1), nor shall it apply to income from the 
operation of a farm which is subject to the provisions of clause 
(2).  For the purposes of this clause, a trade or business 
located in Minnesota is carried on partly within and partly 
without this state if tangible personal property is sold by such 
trade or business and delivered or shipped to a purchaser 
located outside the state of Minnesota. 
      If the trade or business carried on wholly or partly in 
Minnesota is part of a unitary business, the entire income of 
that unitary business shall be subject to apportionment under 
section 290.19 except for business income subject to the 
provisions of clause (1) and farm income subject to the 
provisions of clause (2).  The term "unitary business" shall 
mean business activities or operations which are of mutual 
benefit, dependent upon, or contributory to one another, 
individually or as a group.  Unity shall be presumed whenever 
there is unity of ownership, operation, and use, evidenced by 
centralized management or executive force, centralized 
purchasing, advertising, accounting, or other controlled 
interaction but the absence of these centralized activities will 
not necessarily evidence a nonunitary business.  Unity of 
ownership will not be deemed to exist when a corporation is 
involved unless that corporation is a member of a group of two 
or more corporations more than 50 percent of the voting stock of 
each member of the group is directly or indirectly owned by a 
common owner or by common owners, either corporate or 
noncorporate, or by one or more of the member corporations of 
the group.  
     The entire income of a unitary business shall be subject to 
apportionment as provided in section 290.19.  None of the income 
of a unitary business shall be considered as derived from any 
particular source and none shall be allocated to any particular 
place except as provided by the applicable apportionment formula.
     In determining whether or not intangible property is 
employed in a unitary business carried on partly within and 
partly without this state so that income derived therefrom is 
subject to apportionment under section 290.19 the following 
rules and guidelines shall apply. 
     (a) Intangible property is employed in a business if the 
business entity owning intangible property holds it as a means 
of furthering the business operation of which a part is located 
within the territorial confines of this state. 
      (b) Where a business operation conducted in Minnesota, is 
owned by a business entity which carries on business activity 
outside of the state different in kind from that conducted 
within this state, and such other business is conducted entirely 
outside the state, it will be presumed that the two business 
operations are unitary in nature, interrelated, connected and 
interdependent unless it can be shown to the contrary. 
    (5) For purposes of this section, amounts received by a 
nonresident from the United States, its agencies or 
instrumentalities, the Federal Reserve Bank, the state of 
Minnesota or any of its political or governmental subdivisions, 
or a Minnesota volunteer fireman's relief association, by way of 
payment as a pension, public employee retirement benefit, or any 
combination thereof, or as a retirement or survivor's benefit 
made from a plan qualifying under section 401, 403, 404, 405, 
408, 409 or 409A of the Internal Revenue Code of 1954, as 
amended through December 31, 1981, are not considered income 
derived from carrying on a trade or business or from performing 
personal or professional services in Minnesota, and are not 
taxable under this chapter. 
    (6) All other items of gross income shall be assigned to 
the taxpayer's domicile. 
    Sec. 51.  Minnesota Statutes 1983 Supplement, section 
290A.03, subdivision 3, is amended to read: 
    Subd. 3.  [INCOME.] (1) "Income" means the sum of the 
following: 
    (a) federal adjusted gross income as defined in the 
Internal Revenue Code of 1954 as amended through March 12, 1982 
1983; and 
    (b) the sum of the following amounts to the extent not 
included in clause (a): 
    (i) additions to federal adjusted gross income as provided 
in Minnesota Statutes, section 290.01, subdivision 20a, clauses 
(1), (2), (6), (11), (12), and (16); 
    (ii) all nontaxable income; 
    (iii) recognized net long term capital gains; 
    (iv) dividends and interest excluded from federal adjusted 
gross income under sections 116 or 128 of the Internal Revenue 
Code of 1954; 
    (v) cash public assistance and relief; 
    (vi) any pension or annuity (including railroad retirement 
benefits, all payments received under the federal social 
security act, supplemental security income, and veterans 
benefits), which was not exclusively funded by the claimant or 
spouse, or which was funded exclusively by the claimant or 
spouse and which funding payments were excluded from federal 
adjusted gross income in the years when the payments were made; 
    (vii) nontaxable interest received from the state or 
federal government or any instrumentality or political 
subdivision thereof; 
      (viii) workers' compensation; 
      (ix) unemployment benefits; 
      (x) nontaxable strike benefits; and 
      (xi) the gross amounts of payments received in the nature 
of disability income or sick pay as a result of accident, 
sickness, or other disability, whether funded through insurance 
or otherwise.  In the case of an individual who files an income 
tax return on a fiscal year basis, the term "federal adjusted 
gross income" shall mean federal adjusted gross income reflected 
in the fiscal year ending in the calendar year.  Federal 
adjusted gross income shall not be reduced by the amount of a 
net operating loss carryback. 
      (2) "Income" does not include 
      (a) amounts excluded pursuant to the Internal Revenue Code, 
Sections 101(a), 102, 117, and 121; 
     (b) amounts of any pension or annuity which was exclusively 
funded by the claimant or spouse and which funding payments were 
not excluded from federal adjusted gross income in the years 
when the payments were made; 
     (c) surplus food or other relief in kind supplied by a 
governmental agency; 
     (d) relief granted under sections 290A.01 to 290A.20; 
     (e) child support payments received under a temporary or 
final decree of dissolution or legal separation;  
    (f) federal adjusted gross income shall be reduced by wage 
or salary expense, or expense of work incentive programs which 
are not allowed as a deduction under provisions of section 280C 
of the Internal Revenue Code of 1954; or 
    (g) federal adjusted gross income shall be reduced by the 
amount of the penalty on the early withdrawal of an all-savers 
certificate as provided in section 128(e) of the Internal 
Revenue Code of 1954.  
    Sec. 52.  [EFFECTIVE DATE.] 
     Section 51 is effective for taxable years beginning after 
December 31, 1982.  If a different date is provided for section 
290A.03, subdivision 3, clause (1)(a), by any other 1984 act, 
the amendment by section 51 shall be superseded by the other 
amendment on the date the other amendment becomes effective, 
notwithstanding section 645.26, subdivision 3. 
    Sec. 53.  Minnesota Statutes 1983 Supplement, section 
297A.01, subdivision 3, is amended to read:  
    Subd. 3.  A "sale" and a "purchase" includes, but is not 
limited to, each of the following transactions: 
     (a) Any transfer of title or possession, or both, of 
tangible personal property, whether absolutely or conditionally, 
and the leasing of or the granting of a license to use or 
consume tangible personal property other than manufactured homes 
used for residential purposes for a continuous period of 30 days 
or more, for a consideration in money or by exchange or barter. 
"Sales" also include the transfer of computer software, meaning 
information and directions which dictate the function to be 
performed by data processing equipment and which are sold 
without adaptation to the specific requirements of the 
purchaser.  This type of computer software, whether contained on 
tape, discs, cards, or other devices, shall be considered 
tangible personal property; 
    (b) The production, fabrication, printing or processing of 
tangible personal property for a consideration for consumers who 
furnish either directly or indirectly the materials used in the 
production, fabrication, printing or processing; 
    (c) The furnishing, preparing or serving for a 
consideration of food, meals or drinks, not including hospitals, 
sanatoriums, nursing homes or senior citizens homes, meals or 
drinks purchased for and served exclusively to individuals who 
are 60 years of age or over and their spouses or to the 
handicapped and their spouses by governmental agencies, 
nonprofit organizations, agencies, or churches or pursuant to 
any program funded in whole or part through 42 USCA sections 
3001 through 3045, wherever delivered, prepared or served, meals 
and lunches served at public and private schools, universities 
or colleges, or the occasional meal thereof by a charitable or 
church organization.  Notwithstanding section 297A.25, 
subdivision 1, clause (a), taxable food or meals include, but is 
are not limited to, the following:  
      (i) heated food or drinks;  
      (ii) sandwiches prepared by the retailer;  
      (iii) single sales of prepackaged ice cream or ice milk 
novelties prepared by the retailer; 
      (iv) hand-prepared or dispensed ice cream or ice milk 
products including cones, sundaes, and snow cones;  
      (v) soft drinks and other beverages prepared or served by 
the retailer;  
      (vi) gum;  
      (vii) ice;  
      (viii) all food sold in vending machines;  
      (ix) party trays prepared by the retailers; and 
     (x) all meals and single servings of packaged snack food, 
single cans or bottles of pop, sold in restaurants and bars; 
     (d) The granting of the privilege of admission to places of 
amusement or athletic events and the privilege of use of 
amusement devices or athletic facilities; 
     (e) The furnishing for a consideration of lodging and 
related services by a hotel, rooming house, tourist court, motel 
or trailer camp and of the granting of any similar license to 
use real property other than the renting or leasing thereof for 
a continuous period of 30 days or more; 
     (f) The furnishing for a consideration of electricity, gas, 
water, or steam for use or consumption within this state, or 
local exchange telephone service and intrastate toll service; 
the tax imposed on amounts paid for telephone services is the 
liability of and shall be paid by the person paying for the 
services.  Sales by municipal corporations in a proprietary 
capacity are included in the provisions of this clause.  The 
furnishing of water and sewer services for residential use shall 
not be considered a sale;  
    (g) The furnishing for a consideration of cable television 
services, including charges for basic monthly service, charges 
for monthly premium service, and charges for any other similar 
television services;  
    (h) Notwithstanding subdivision 4, and section 297A.25, 
subdivision 1, clause (h), the sales of horses including 
claiming sales and fees paid for breeding a stallion to a mare.  
This clause applies to sales and fees with respect to a horse to 
be used for racing whose birth has been recorded by the Jockey 
Club or the United States Trotting Association or the American 
Quarter Horse Association but shall not apply with respect to 
the sale of a horse bred and born in the state of Minnesota. 
    Sec. 54.  Minnesota Statutes 1983 Supplement, section 
297A.02, subdivision 3, is amended to read:  
    Subd. 3.  [LIQUOR AND BEER SALES.] Notwithstanding the 
provisions of subdivision 1, the rate of the excise tax imposed 
upon sales of intoxicating liquor, as defined in section 340.07, 
subdivision 2, and nonintoxicating malt liquor, as defined in 
section 340.001, subdivision 2, shall be 8.5 percent. 
Nonintoxicating malt liquor is subject to taxation under this 
subdivision only when sold at a an on-sale or off-sale municipal 
liquor store or other establishment licensed to sell any type of 
intoxicating liquor.  
    Sec. 55.  Minnesota Statutes 1983 Supplement, section 
297A.25, subdivision 1, is amended to read: 
    Subdivision 1.  The following are specifically exempted 
from the taxes imposed by sections 297A.01 to 297A.44: 
    (a) The gross receipts from the sale of food products 
including but not limited to cereal and cereal products, butter, 
cheese, milk and milk products, oleomargarine, meat and meat 
products, fish and fish products, eggs and egg products, 
vegetables and vegetable products, fruit and fruit products, 
spices and salt, sugar and sugar products, coffee and coffee 
substitutes, tea, cocoa and cocoa products, and food products 
which are not taxable pursuant to section 297A.01, subdivision 
3, clause (c) and which are sold by a retailer, organized as a 
nonprofit corporation or association, within a place located on 
property owned by the state or an agency or instrumentality of 
the state, the entrance to which is subject to an admission 
charge.  This exemption does not include the following:  
    (i) candy and candy products; 
    (ii) carbonated beverages, beverages commonly referred to 
as soft drinks containing less than 15 percent fruit juice, or 
bottled water other than noncarbonated and noneffervescent 
bottled water sold in individual containers of one-half gallon 
or more in size; 
      (b) The gross receipts from the sale of prescribed drugs 
and medicine intended for use, internal or external, in the 
cure, mitigation, treatment or prevention of illness or disease 
in human beings and products consumed by humans for the 
preservation of health, including prescription glasses, 
therapeutic and prosthetic devices, but not including cosmetics 
or toilet articles notwithstanding the presence of medicinal 
ingredients therein; 
      (c) The gross receipts from the sale of and the storage, 
use or other consumption in Minnesota of tangible personal 
property, tickets, or admissions, electricity, gas, or local 
exchange telephone service, which under the Constitution or laws 
of the United States or under the Constitution of Minnesota, the 
state of Minnesota is prohibited from taxing; 
      (d) The gross receipts from the sale of tangible personal 
property (i) which, without intermediate use, is shipped or 
transported outside Minnesota by the purchaser and thereafter 
used in a trade or business or is stored, processed, fabricated 
or manufactured into, attached to or incorporated into other 
tangible personal property transported or shipped outside 
Minnesota and thereafter used in a trade or business outside 
Minnesota, and which is not thereafter returned to a point 
within Minnesota, except in the course of interstate commerce 
(storage shall not constitute intermediate use); provided that 
the property is not subject to tax in that state or country to 
which it is transported for storage or use, or, if subject to 
tax in that other state, that state allows a similar exemption 
for property purchased therein and transported to Minnesota for 
use in this state; except that sales of tangible personal 
property that is shipped or transported for use outside 
Minnesota shall be taxed at the rate of the use tax imposed by 
the state to which the property is shipped or transported, 
unless that state has no use tax, in which case the sale shall 
be taxed at the rate generally imposed by this state; and 
provided further that sales of tangible personal property to be 
used in other states or countries as part of a maintenance 
contract shall be specifically exempt; or (ii) which the seller 
delivers to a common carrier for delivery outside Minnesota, 
places in the United States mail or parcel post directed to the 
purchaser outside Minnesota, or delivers to the purchaser 
outside Minnesota by means of the seller's own delivery 
vehicles, and which is not thereafter returned to a point within 
Minnesota, except in the course of interstate commerce; 
     (e) The gross receipts from the sale of packing materials 
used to pack and ship household goods, the ultimate destination 
of which is outside the state of Minnesota and which are not 
thereafter returned to a point within Minnesota, except in the 
course of interstate commerce; 
     (f) The gross receipts from the sale of and storage, use or 
consumption of petroleum products upon which a tax has been 
imposed under the provisions of chapter 296, whether or not any 
part of said tax may be subsequently refunded; 
     (g) The gross receipts from the sale of clothing and 
wearing apparel except the following: 
    (i) all articles commonly or commercially known as jewelry, 
whether real or imitation; pearls, precious and semi-precious 
stones, and imitations thereof; articles made of, or ornamented, 
mounted or fitted with precious metals or imitations thereof; 
watches; clocks; cases and movements for watches and clocks; 
gold, gold-plated, silver, or sterling flatware or hollow ware 
and silver-plated hollow ware; opera glasses; lorgnettes; marine 
glasses; field glasses and binoculars.;  
    (ii) articles made of fur on the hide or pelt, and articles 
of which such fur is the component material or chief value, but 
only if such value is more than three times the value of the 
next most valuable component material.;  
    (iii) perfume, essences, extracts, toilet waters, 
cosmetics, petroleum jellies, hair oils, pomades, hair 
dressings, hair restoratives, hair dyes, aromatic cachous and 
toilet powders.  The tax imposed by this act shall not apply to 
lotion, oil, powder, or other article intended to be used or 
applied only in the case of babies.;  
    (iv) trunks, valises, traveling bags, suitcases, satchels, 
overnight bags, hat boxes for use by travelers, beach bags, 
bathing suit bags, brief cases made of leather or imitation 
leather, salesmen's sample and display cases, purses, handbags, 
pocketbooks, wallets, billfolds, card, pass, and key cases and 
toilet cases.;  
    (h) The gross receipts from the sale of and the storage, 
use, or consumption of all materials, including chemicals, 
fuels, petroleum products, lubricants, packaging materials, 
including returnable containers used in packaging food and 
beverage products, feeds, seeds, fertilizers, electricity, gas 
and steam, used or consumed in agricultural or industrial 
production of personal property intended to be sold ultimately 
at retail, whether or not the item so used becomes an ingredient 
or constituent part of the property produced.  Such production 
shall include, but is not limited to, research, development, 
design or production of any tangible personal property, 
manufacturing, processing (other than by restaurants and 
consumers) of agricultural products whether vegetable or animal, 
commercial fishing, refining, smelting, reducing, brewing, 
distilling, printing, mining, quarrying, lumbering, generating 
electricity and the production of road building materials.  Such 
production shall not include painting, cleaning, repairing or 
similar processing of property except as part of the original 
manufacturing process.  Machinery, equipment, implements, tools, 
accessories, appliances, contrivances, furniture and fixtures, 
used in such production and fuel, electricity, gas or steam used 
for space heating or lighting, are not included within this 
exemption; however, accessory tools, equipment and other short 
lived items, which are separate detachable units used in 
producing a direct effect upon the product, where such items 
have an ordinary useful life of less than 12 months, are 
included within the exemption provided herein; 
      (i) The gross receipts from the sale of and storage, use or 
other consumption in Minnesota of tangible personal property 
(except as provided in section 297A.14) which is used or 
consumed in producing any publication regularly issued at 
average intervals not exceeding three months, and any such 
publication.  For purposes of this subsection, "publication" as 
used herein shall include, without limiting the foregoing, a 
legal newspaper as defined by Minnesota Statutes 1965, section 
331.02, and any supplements or enclosures with or part of said 
newspaper; and the gross receipts of any advertising contained 
therein or therewith shall be exempt.  For this purpose, 
advertising in any such publication shall be deemed to be a 
service and not tangible personal property, and persons or their 
agents who publish or sell such newspapers shall be deemed to be 
engaging in a service with respect to gross receipts realized 
from such newsgathering or publishing activities by them, 
including the sale of advertising.  The term "publication" shall 
not include magazines and periodicals sold over the counter.  
Machinery, equipment, implements, tools, accessories, 
appliances, contrivances, furniture and fixtures used in such 
publication and fuel, electricity, gas or steam used for space 
heating or lighting, are not exempt; 
     (j) The gross receipts from all sales, including sales in 
which title is retained by a seller or a vendor or is assigned 
to a third party under an installment sale or lease purchase 
agreement under section 465.71, of tangible personal property 
to, and all storage, use or consumption of such property by, the 
United States and its agencies and instrumentalities or a state 
and its agencies, instrumentalities and political subdivisions. 
Sales exempted by this clause include sales pursuant to section 
297A.01, subdivision 3, clauses (d) and (f).  This exemption 
shall not apply to building, construction or reconstruction 
materials purchased by a contractor or a subcontractor as a part 
of a lump-sum contract or similar type of contract with a 
guaranteed maximum price covering both labor and materials for 
use in the construction, alteration or repair of a building or 
facility.  This exemption does not apply to construction 
materials purchased by tax exempt entities or their contractors 
to be used in constructing buildings or facilities which will 
not be used principally by the tax exempt entities; 
     (k) The gross receipts from the isolated or occasional sale 
of tangible personal property in Minnesota not made in the 
normal course of business of selling that kind of property, and 
the storage, use, or consumption of property acquired as a 
result of such a sale.  For purposes of this clause, sales by a 
nonprofit organization shall be deemed to be "isolated or 
occasional" if they occur at sale events that have a duration of 
three or fewer consecutive days.  The granting of the privilege 
of admission to places of amusement and the privilege of use of 
amusement devices by a nonprofit organization at an isolated or 
occasional event conducted on property owned or leased for a 
continuous period of more than 30 days by the nonprofit 
organization are also exempt.  The exemption provided for 
isolated sales of tangible personal property and of the granting 
of admissions or the privilege of use of amusement devices by 
nonprofit organizations pursuant to this clause shall be 
available only if the sum of the days on which the organization 
and any subsidiary nonprofit organization sponsored by it that 
does not have a separate sales tax exemption permit conduct 
sales of tangible personal property, plus the days with respect 
to which the organization charges for the use of amusement 
devices or admission to places of amusement, does not exceed 
eight days in a calendar year.  For purposes of this clause, a 
"nonprofit organization" means any corporation, society, 
association, foundation, or institution organized and operated 
exclusively for charitable, religious, or educational purposes, 
no part of the net earnings of which inures to the benefit of a 
private individual; 
     (l) The gross receipts from sales of rolling stock and the 
storage, use or other consumption of such property by railroads, 
freight line companies, sleeping car companies and express 
companies taxed on the gross earnings basis in lieu of ad 
valorem taxes.  For purposes of this clause "rolling stock" is 
defined as the portable or moving apparatus and machinery of any 
such company which moves on the road, and includes, but is not 
limited to, engines, cars, tenders, coaches, sleeping cars and 
parts necessary for the repair and maintenance of such rolling 
stock.;  
    (m) The gross receipts from sales of airflight equipment 
and the storage, use or other consumption of such property by 
airline companies taxed under the provisions of sections 270.071 
to 270.079.  For purposes of this clause, "airflight equipment" 
includes airplanes and parts necessary for the repair and 
maintenance of such airflight equipment, and flight simulators.; 
    (n) The gross receipts from the sale of telephone central 
office telephone equipment used in furnishing intrastate and 
interstate telephone service to the public.;  
    (o) The gross receipts from the sale of and the storage, 
use or other consumption by persons taxed under the in lieu 
provisions of chapter 298, of mill liners, grinding rods and 
grinding balls which are substantially consumed in the 
production of taconite, the material of which primarily is added 
to and becomes a part of the material being processed.;  
    (p) The gross receipts from the sale of tangible personal 
property to, and the storage, use or other consumption of such 
property by, any corporation, society, association, foundation, 
or institution organized and operated exclusively for 
charitable, religious or educational purposes if the property 
purchased is to be used in the performance of charitable, 
religious or educational functions, or any senior citizen group 
or association of groups that in general limits membership to 
persons age 55 or older and is organized and operated 
exclusively for pleasure, recreation and other nonprofit 
purposes, no part of the net earnings of which inures to the 
benefit of any private shareholders.  Sales exempted by this 
clause include sales pursuant to section 297A.01, subdivision 3, 
clauses (d) and (f).  This exemption shall not apply to 
building, construction or reconstruction materials purchased by 
a contractor or a subcontractor as a part of a lump-sum contract 
or similar type of contract with a guaranteed maximum price 
covering both labor and materials for use in the construction, 
alteration or repair of a building or facility.  This exemption 
does not apply to construction materials purchased by tax exempt 
entities or their contractors to be used in constructing 
buildings or facilities which will not be used principally by 
the tax exempt entities; 
    (q) The gross receipts from the sale of caskets and burial 
vaults; 
    (r) The gross receipts from the sale of an automobile or 
other conveyance if the purchaser is assisted by a grant from 
the United States in accordance with 38 United States Code, 
section 1901, as amended.;  
    (s) The gross receipts from the sale to the licensed 
aircraft dealer of an aircraft for which a commercial use permit 
has been issued pursuant to section 360.654, if the aircraft is 
resold while the permit is in effect.;  
    (t) The gross receipts from the sale of building materials 
to be used in the construction or remodeling of a residence when 
the construction or remodeling is financed in whole or in part 
by the United States in accordance with 38 United States Code, 
sections 801 to 805, as amended.  This exemption shall not be 
effective at time of sale of the materials to contractors, 
subcontractors, builders or owners, but shall be applicable only 
upon a claim for refund to the commissioner of revenue filed by 
recipients of the benefits provided in title 38 United States 
Code, chapter 21, as amended.  The commissioner shall provide by 
regulation for the refund of taxes paid on sales exempt in 
accordance with this paragraph.;  
    (u) The gross receipts from the sale of textbooks which are 
prescribed for use in conjunction with a course of study in a 
public or private school, college, university and business or 
trade school to students who are regularly enrolled at such 
institutions.  For purposes of this clause a "public school" is 
defined as one that furnishes course of study, enrollment and 
staff that meets standards of the state board of education and a 
private school is one which under the standards of the state 
board of education, provides an education substantially 
equivalent to that furnished at a public school.  Business and 
trade schools shall mean such schools licensed pursuant to 
section 141.25.;  
    (v) The gross receipts from the sale of and the storage of 
material designed to advertise and promote the sale of 
merchandise or services, which material is purchased and stored 
for the purpose of subsequently shipping or otherwise 
transferring outside the state by the purchaser for use 
thereafter solely outside the state of Minnesota.;  
    (w) The gross receipt from the sale of residential heating 
fuels in the following manner: 
    (i) all fuel oil, coal, wood, steam, propane gas, and L.P.  
gas sold to residential customers for residential use; 
    (ii) natural gas sold for residential use to customers who 
are metered and billed as residential users and who use natural 
gas for their primary source of residential heat, for the 
billing months of November, December, January, February, March 
and April; 
    (iii) electricity sold for residential use to customers who 
are metered and billed as residential users and who use 
electricity for their primary source of residential heat, for 
the billing months of November, December, January, February, 
March and April.;  
    (x) The gross receipts from the sale or use of tickets or 
admissions to the premises of or events sponsored by an 
association, corporation or other group of persons which 
provides an opportunity for citizens of the state to participate 
in the creation, performance or appreciation of the arts and 
which qualifies as a tax-exempt organization within the meaning 
of Minnesota Statutes 1980, section 290.05, subdivision 1, 
clause (i).;  
    (y) The gross receipts from either the sales to or the 
storage, use or consumption of tangible personal property by an 
organization of military service veterans or an auxiliary unit 
of an organization of military service veterans, provided that: 
    (i) the organization or auxiliary unit is organized within 
the state of Minnesota and is exempt from federal taxation 
pursuant to section 501(c), clause (19), of the Internal Revenue 
Code as amended through December 31, 1982; and 
    (ii) the tangible personal property which is sold to or 
stored, used or consumed by the organization or auxiliary unit 
is for charitable, civic, educational, or nonprofit uses and not 
for social, recreational, pleasure or profit uses.;  
    (z) The gross receipts from the sale of sanitary napkins, 
tampons, or similar items used for feminine hygiene. 
    Sec. 56.  Minnesota Statutes 1982, section 302A.115, 
subdivision 3, is amended to read: 
    Subd. 3.  [DETERMINATION.] The secretary of state shall 
determine whether a name is "deceptively similar" to another 
name for purposes of this section and section 301A.117 302A.117. 
    Sec. 57.  Minnesota Statutes 1983 Supplement, section 
325F.09, is amended to read: 
     325F.09 [DEFINITIONS.] 
     (a) "Child" means any person less than 14 years of age; 
     (b) A toy presents an electrical hazard if, in normal use 
or when subjected to reasonably foreseeable damage or abuse, its 
design or manufacture may cause personal injury or illness by 
electrical shock or electrocution; 
     (c) A toy presents a mechanical hazard if, in normal use or 
when subjected to reasonably foreseeable damage or abuse, its 
design or manufacture presents an unreasonable risk of personal 
injury or illness: 
     (1) from fracture, fragmentation, or disassembly of the 
article; 
     (2) from propulsion of the article or any part or accessory 
thereof; 
     (3) from points or other protrusions, surfaces, edges, 
openings, or closures; 
     (4) from moving parts; 
     (5) from lack or insufficiency of controls to reduce or 
stop motion; 
     (6) as a result of self-adhering characteristics of the 
article; 
     (7) because the article or any part or accessory thereof 
may be aspirated or ingested; 
     (8) because of instability; 
     (9) from stuffing material which is not free of dangerous 
or harmful substances; or 
    (10) because of any other aspect of the article's design or 
manufacture.  
    (d) A toy presents a thermal hazard if, in normal use or 
when subjected to reasonably foreseeable damage or abuse, its 
design or manufacture presents an unreasonable risk of personal 
injury or illness because of heat as from heated parts, 
substances, or surfaces.  
    (e) "Toxic" means able to produce personal injury or 
illness to a person through ingestion, inhalation, or absorption 
through any body surface and can apply to any substance other 
than a radioactive substance.  
    (f) "Flammable" means having a flash point up to 80 degrees 
Fahrenheit as determined by the Tagliabue Open Cup Tester.  The 
flammability of solids and of the contents of self-pressurized 
containers shall be determined by methods generally recognized 
as applicable to the materials or containers and established by 
rules issued by the commissioner.  
    (g) A toy presents a hazard of asphyxiation or suffocation 
if, in normal use or when subject to reasonable reasonably 
foreseeable damage or abuse, its design, manufacture or storage 
presents a risk of personal injury or illness from interference 
with normal breathing.  
    (h) "Commissioner" means commissioner of commerce.  
    (i) "Inspector" means an inspector of the department of 
commerce.  
    Sec. 58.  Minnesota Statutes 1982, section 327C.02, 
subdivision 3, is amended to read: 
    Subd. 3.  [SERVICE OF NOTICES.] A park owner may give 
notice as required by this section or sections 327C.03 and 
327C.08 327C.09:  (a) personally, (b) by mailing the notice to 
the last known mailing address of the resident, or (c) by 
delivering the notice to the home of the resident.  Notice by 
certified mail is effective even if the resident refuses to 
accept delivery.  Service by delivery to the resident's home is 
effective if the notice is left at the home with someone of 
suitable age and discretion or is placed in a secure and 
conspicuous location at the home.  
    Sec. 59.  Minnesota Statutes 1982, section 356.23, is 
amended to read: 
    356.23 [OPTIONAL BASIS OR ASSUMPTIONS; SPECIFICATION.] 
    In addition to the financial reports and actuarial 
valuations required by sections 356.20 to 356.23, the governing 
or managing board of the funds concerned may submit reports and 
valuations for distribution to the legislature or any of its 
commissions or committees on a different basis or on different 
assumptions that than are specified in sections 356.20 to 
356.23; provided the assumptions and basis of such reports and 
valuations are clearly set forth therein.  
    Sec. 60.  Minnesota Statutes 1982, section 356.25, is 
amended to read: 
    356.25 [LOCAL GOVERNMENTAL PENSION FUND PROHIBITIONS; 
EXCLUSIONS.] 
    Notwithstanding any other provision of law or charter, no 
city, county, public agency or instrumentality, or other 
political subdivision shall, after August 1, 1975, establish for 
any of its employees any local pension plan or fund financed in 
whole or in part from public funds, other than a volunteer 
firefighter's relief association established pursuant to chapter 
422A 424A and governed by sections 69.771 to 69.776. 
    Sec. 61.  Minnesota Statutes 1982, section 377.06, is 
repealed. 
    Sec. 62.  Minnesota Statutes 1982, section 383A.09, 
subdivision 5, is amended to read: 
    Subd. 5.  [REFERENDUM.] The provisions contained in 
subdivision 1 or 2 and a decision by the board to sell bonds for 
either the adult detention center or the juvenile center shall 
not become operative if, within 30 days after the county board 
by resolution indicates its intention to sell the first series 
of bonds, under subdivision 1 or 2, there shall be filed with 
the auditor of Ramsey county a petition or petitions, signed by 
not less than 20 percent of the qualified voters of the county 
requesting that a referendum be held to determine the question 
of the issuance of bonds by the county.  Each of the signers on 
a petition shall affix his signature and his permanent address 
to the petition, and the signer shall swear that he is a 
resident of Ramsey county and qualified to vote at a general 
election therein.  Any petition or petitions demanding a 
referendum under this act shall refer to this act by its chapter 
number, title, the date of passage and its subject matter.  If a 
petition or petitions containing not less than the minimum 
number of signatures as designated above, are filed and the 
signatures are genuine and the petition or petitions answer 
completely the requirements as set out in this subdivision, the 
board shall fix a time for the holding of a referendum, which 
shall be not less than 30 days and not more than 180 days after 
the petition or petitions are filed and the signatures thereon 
are found to be genuine and sufficient by the board.  The 
election shall be held at a time and at places within Ramsey 
county as the board shall designate.  
    In submitting the question to the voters in said 
referendum, there shall be used a ballot in the following form:  

                             COUNTY BALLOT 
    For the issuance of not to exceed $........ of bonds of 
Ramsey county and the expenditure of such sum in order to 
acquire land for, erect, equip and furnish a (adult detention 
center or juvenile center, as appropriate), according to the 
provisions of Laws 1975, Chapter ..... (Chapter number of this 
act to be here inserted). 
                                   Yes...........
                                   No............
    If a majority of the voters voting on the question 
submitted to the voters of Ramsey county shall vote in the 
affirmative, all sections of this act immediately preceding this 
section shall take effect and be in force immediately.  A 
negative vote by the voters in a referendum on bonds for the 
adult detention center or juvenile center pursuant to this 
subdivision shall apply to the entirety of the bonds able to be 
sold for the adult detention center or juvenile center, as 
appropriate. 
    Sec. 63.  Minnesota Statutes 1983 Supplement, section 
393.07, subdivision 1, is amended to read: 
    Subdivision 1.  [PUBLIC CHILD WELFARE PROGRAM.] a. (a) To 
assist in carrying out the child protection, delinquency 
prevention and family assistance responsibilities of the state, 
the county welfare board shall administer a program of social 
services and financial assistance to be known as the public 
child welfare program.  The public child welfare program shall 
be supervised by the commissioner of public welfare and 
administered by the county welfare board in accordance with law 
and with rules of the commissioner. 
    b. (b) The purpose of the public child welfare program is 
to assure protection for and financial assistance to children 
who are confronted with social, physical, or emotional problems 
requiring protection and assistance.  These problems include, 
but are not limited to the following: 
    (1) Mental, emotional, or physical handicap; 
    (2) Birth of a child to a mother who was not married to the 
child's father when the child was conceived nor when the child 
was born, including but not limited to costs of prenatal care, 
confinement and other care necessary for the protection of a 
child born to a mother who was not married to the child's father 
at the time of the child's conception nor at the birth; 
    (3) Dependency, neglect; 
    (4) Delinquency; 
    (5) Abuse or rejection of a child by its parents; 
    (6) Absence of a parent or guardian able and willing to 
provide needed care and supervision; 
    (7) Need of parents for assistance with child rearing 
problems, or in placing the child in foster care. 
    c. (c) A county welfare board shall make the services of 
its public child welfare program available as required by law, 
by the commissioner, or by the courts and shall cooperate with 
other agencies, public or private, dealing with the problems of 
children and their parents as provided in this subdivision. 
    The public child welfare program shall be available in 
divorce cases for investigations of children and home conditions 
and for supervision of children when directed by the court 
hearing the divorce. 
    d. (d) A county welfare board may rent, lease, or purchase 
property, or in any other way approved by the commissioner, 
contract with individuals or agencies to provide needed 
facilities for foster care of children.  It may purchase 
services or child care from duly authorized individuals, 
agencies or institutions when in its judgment the needs of a 
child or his family can best be met in this way. 
    Sec. 64.  Minnesota Statutes 1982, section 412.022, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PROCEDURE.] The council may, by ordinance, 
establish a four-year term or reestablish a two-year or 
reestablish a two-year term for the office of mayor commencing 
with the ensuing term, except that in a standard plan city which 
establishes a four-year term for mayor, the first mayor to serve 
a four-year term shall be elected at the first election when the 
clerk is not to be elected.  In any case the ordinance shall not 
affect the term of the mayor elected in the year in which it is 
adopted unless it is adopted at least four weeks before the 
closing date for the filing of affidavits of candidacy for such 
election. 
    Sec. 65.  Minnesota Statutes 1983 Supplement, section 
420.13, is amended to read: 
    420.13 [SUSPENSION OR REMOVAL.] 
    If, after investigation and trial by the civil service 
commission, an employee is found guilty of inefficiency, breach 
of duty, or misconduct, he may be removed, reduced, or suspended 
and his name may be stricken from the service register.  If the 
board determines that the charges are not sustained, the 
accused, if he has been suspended pending investigation, shall 
be immediately reinstated and paid all back pay due for the 
period of suspension.  
    Findings, determinations, and orders of the commission for 
suspension, reduction, or removal shall be in writing and filed 
within three days after the completion of the hearing with the 
secretary of the commission.  The secretary to shall notify the 
employee of the decision in writing.  Any person suspended, 
reduced, or removed by the commission after investigation may 
appeal in accordance with chapter 14.  
    The question to be determined by the court shall be: 
    "Upon the evidence was the order of the commission 
reasonable?"  
    Sec. 66.  Minnesota Statutes 1982, section 480.059, 
subdivision 3, is repealed. 
    Sec. 67.  Minnesota Statutes 1982, section 501.78, 
subdivision 4, is amended to read: 
    Subd. 4.  [REPORT OF APPLICATIONS FOR TAX EXEMPTION.] Every 
officer, agency, board or commission of this state receiving 
applications for exemption from taxation of any charitable trust 
subject to sections 501.71 to 501.81 shall annually file with 
the attorney general a list of all applications received during 
the year and shall notify the division attorney general of any 
suspension or revocation of a tax exempt status previously 
granted. 
    Sec. 68.  Minnesota Statutes 1983 Supplement, section 
505.04, is amended to read: 
    505.04 [RECORDING.] 
    Every plat, when duly certified, signed, and acknowledged, 
as provided in section 505.03, and upon presentation of a 
certificate from the county auditor treasurer that the current 
year's taxes have been paid, shall be filed and recorded in the 
office of the county recorder.  
    Sec. 69.  Minnesota Statutes 1983 Supplement, section 
507.235, subdivision 2, is amended to read: 
    Subd. 2.  [PENALTY FOR FAILURE TO FILE.] If a contract for 
deed is not filed as required by the county board adopted 
pursuant to subdivision 1, a penalty is imposed equal to 0.15 
percent of the principal amount of the contract debt.  Payments 
of the penalty shall be deposited in the general fund of the 
county.  The penalty shall be a lien against the property and 
shall have the same priority and be collected in the same manner 
provided for real property taxes.  
    Sec. 70.  Minnesota Statutes 1983 Supplement, section 
508.421, subdivision 1, is amended to read: 
    Subdivision 1.  [SURRENDER; REISSUANCE.] The owner or 
owners of registered land may surrender their owners' the 
owner's duplicate certificate of title and the registrar of 
titles may then issue to them a new certificate of title free 
from the memorials of all interests which have terminated.  
    Sec. 71.  Minnesota Statutes 1983 Supplement, section 
514.221, subdivision 3, is amended to read: 
    Subd. 3.  [PRIORITY, FORECLOSURE; LIMITATION.] A lien 
created by this section is prior and paramount to all other 
liens upon the aircraft except those previously filed in the 
appropriate filing office.  The lien shall be treated in all 
respects as a secured transaction under the Uniform Commercial 
Code, sections 336.9-401 to 336.4-508 336.9-508, except that:  
    (a) any foreclosure proceedings must be instituted within 
one year of the date the lien was filed; and 
    (b) the lien is subject to the rights of a purchaser of the 
aircraft in cases where the purchaser acquired the aircraft 
prior to the filing of the lien without knowledge or notice of 
the rights of the person performing the work or furnishing the 
material. 
    Sec. 72.  Minnesota Statutes 1983 Supplement, section 
515A.1-102, is amended to read: 
    515A.1-102 [APPLICABILITY.] 
    (a) Sections 515A.1-105 (Separate Titles and Property 
Taxation; Homestead), 515A.1-106 (Applicability of Local 
Ordinances, Regulations, and Building Codes), 515A.1-107 
(Eminent Domain), 515A.2-103 (Construction and Validity of 
Declaration and Bylaws), 515A.2-104 (Description of Units), 
515A.3-102 (a) (1) to (5) and (9) to (12) (Powers of Unit Owners 
Association), 515A.3-111 (Tort and Contract Liability), 
515A.3-112 (Insurance), 515A.3-115 (Lien for Assessments), 
515A.3-116 (Association Records), 515A.4-107 (Resales of Units), 
and 515A.1-103 (Definitions) to the extent necessary in 
construing any of those sections, apply to all condominiums 
created in this state prior to August 1, 1980; provided, 
however, that these sections apply only with respect to events 
and circumstances occurring after July 31, 1980, and do not 
invalidate existing provisions of the declaration, bylaws, or 
floor plans of those condominiums.  
    (b) Sections 515A.1-101 to 515A.4-117 apply to all 
condominiums created within this state after August 1, 1980.  
The provisions of sections 515.01 to 515.29 do not apply to 
condominiums created after August 1, 1980 and do not invalidate 
any amendment to the declaration, bylaws, or floor plans of any 
condominium created before August 1, 1980 if the amendment would 
be permitted by sections 515A.1-101 to 515A.4-117.  The 
amendment must be adopted in conformity with the procedures and 
requirements specified by those instruments and by sections 
515.01 to 515.29.  If the amendment grants to any person any 
rights, powers or privileges permitted by sections 515A.1-101 to 
515A.4-117, all correlative obligations, liabilities, and 
restrictions in sections 515A.1-101 to 515A.4-117 also apply to 
that person.  
    Sec. 73.  Minnesota Statutes 1983 Supplement, section 
518.17, subdivision 5, is amended to read: 
    Subd. 5.  [DEVIATION FROM GUIDELINES.] The court shall not 
order the noncustodial parent to pay support in an amount below 
the appropriate amount determined from the guidelines in section 
518.551, subdivision 5 for use in public assistance cases, 
unless the court makes express findings of fact as to the reason 
for the lower order.  
    Sec. 74.  Minnesota Statutes 1982, section 524.3-1201, is 
amended to read: 
     524.3-1201 [COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT.] 
    (a) Thirty days after the death of a decedent, any person 
indebted to the decedent or having possession of tangible 
personal property or an instrument evidencing a debt, 
obligation, stock or chose in action belonging to the decedent 
shall make payment of the indebtedness or deliver the tangible 
personal property or an instrument evidencing a debt, 
obligation, stock or chose in action to a person claiming to be 
the successor of the decedent upon being presented a certified 
death certificate of the decedent and an affidavit, in 
duplicate, made by or on behalf of the successor stating that: 
    (1) the value of the entire probate estate, wherever 
located, less liens and encumbrances, does not exceed $5,000; 
    (2) 30 days have elapsed since the death of the decedent; 
    (3) no application or petition for the appointment of a 
personal representative is pending or has been granted in any 
jurisdiction; and 
    (4) the claiming successor is entitled to payment or 
delivery of the property. 
    (b) A transfer agent of any security shall change the 
registered ownership on the books of a corporation from the 
decedent to the successor or successors upon the presentation of 
an affidavit as provided in subsection (a) notwithstanding the 
provisions of section 291.20, subdivision 3. 
    Sec. 75.  Minnesota Statutes 1983 Supplement, section 
543.20, subdivision 2, is amended to read: 
    Subd. 2.  [APPLICABILITY.] Service at a place of employment 
applies only to:  (a) summons in an action for dissolution, 
amendment annulment, legal separation, or under the parentage 
act and under section 256.87; (b) orders to show cause under 
both section 256.87 and the revised uniform Reciprocal 
Enforcement of Support Act as well as for contempt of court for 
failure to pay child support; (c) petitions under the Domestic 
Abuse Act; and (d) motions, orders and judgments for the payment 
of child support when the court orders personal service.  
    Sec. 76.  Minnesota Statutes 1983 Supplement, section 
558.215, is amended to read: 
    558.215 [ORDERS, INTERLOCUTORY JUDGMENTS; APPEALS.] 
    Any party to any partition proceedings may appeal from any 
order or interlocutory judgment made and entered pursuant to 
sections 558.04, 558.07, 558.14, or 558.21, to the court of 
appeals within 30 days after the making and filing of any the 
order or interlocutory judgment.  Any appeal shall be taken as 
in other civil cases.  
    All matters determined by any order or interlocutory 
judgment shall be conclusive and binding upon all parties to the 
proceedings and shall never be subject to review by the court 
unless appealed from as provided herein. 
    Sec. 77.  Minnesota Statutes 1982, section 609.346, 
subdivision 2, is amended to read: 
    Subd. 2.  For the purposes of this section, an offense is 
considered a second or subsequent offense if, prior to 
conviction of the second or subsequent offense, the actor has 
been at any time convicted under sections 609.342 to 609.346 
609.345 or sections 609.364 to 609.3644 or under any similar 
statute of the United States, or this or any other state. 
    Sec. 78.  Minnesota Statutes 1982, section 609.487, 
subdivision 4, is amended to read:  
    Subd. 4.  [FLEEING AN OFFICER; DEATH; BODILY INJURY.] 
Whoever flees or attempts to flee by means of a motor vehicle a 
peace officer who is acting in the lawful discharge of an 
official duty, and the perpetrator knows or should reasonably 
know the same to be a peace officer, and who in the course of 
fleeing causes the death of a human being not constituting 
murder or manslaughter or any bodily injury to any person other 
than himself may be sentenced to imprisonment as follows:  
    (a) If the course of fleeing results in death, to 
imprisonment for not more than ten years or to payment of a fine 
of not more than $10,000, or both; or 
    (b) If the course of fleeing results in great bodily harm, 
to imprisonment for not more than five years or to payment of a 
fine of not more than $5,000, or both; or 
    (c) If the course of fleeing results in substantial bodily 
harm, to imprisonment for not more than three years or to 
payment of a fine of not more than $3,000, or both.  
    Sec. 79.  Minnesota Statutes 1983 Supplement, section 
629.341, subdivision 1, is amended to read: 
    Subdivision 1.  [ARREST.] Notwithstanding the provisions of 
section 629.34 or any other law or rule to the contrary, a peace 
officer may arrest without a warrant a person anywhere, 
including at his place of residence if the peace officer has 
probable cause to believe the person within the preceding four 
hours has assaulted, threatened with a dangerous weapon, or 
placed in fear of immediate bodily harm his spouse, former 
spouse, or other person with whom he resides or has formerly 
resided, although the assault did not take place in the presence 
of the peace officer.  
    Sec. 80.  Laws 1982, chapter 501, section 20, is repealed. 
    Sec. 81.  Laws 1980, chapter 451, section 2, is amended to 
read: 
    Sec. 2.  This act is effective the day following final 
enactment.  Section 1, subdivision 2, is repealed on July 31, 
1983 1985. 
    Sec. 82.  Laws 1983, chapter 128, section 36, is amended to 
read: 
    Sec. 36.  [REPEAL.] 
    Minnesota Statutes 1982, sections 352.041, subdivision 6;  
352.115, subdivisions 4 and 5; 352.118; 352.1191; 352.22, 
subdivision 4; 352.71; 352.93, subdivisions 5 and 6; 352B.01, 
subdivision 8; 352B.02, subdivision 2; 352B.06; 352B.13; 
353B.261 352B.261; and 353B.262 352B.262, are repealed. 
    Sec. 83.  Laws 1983, chapter 142, section 5, is repealed. 
    Sec. 84.  Laws 1983, chapter 142, section 8, is repealed. 
    Sec. 85.  Laws 1983, chapter 207, section 6, is repealed. 
    Sec. 86.  Laws 1983, chapter 207, section 42, is repealed. 
    Sec. 87.  Laws 1983, chapter 248, section 3, is repealed. 
    Sec. 88.  Laws 1983, chapter 253, section 22, is repealed. 
    Sec. 89.  Laws 1983, chapter 259, section 6, is repealed. 
    Sec. 90. Laws 1983, chapter 260, section 15, is repealed. 
    Sec. 91.  Laws 1983, chapter 260, section 47, is repealed. 
    Sec. 92.  Laws 1983, chapter 289, section 114, subdivision 
1, is amended to read: 
    Sec. 114.  [INSTRUCTIONS TO REVISOR.] 
    Subdivision 1.  The revisor of statutes shall substitute 
the term "commissioner of commerce" or "commissioner" or 
"department" or similar terms as appropriate for the following 
terms and similar terms, as necessary to reflect the transfers 
of powers, duties, and responsibilities prescribed by this act: 
    (a) "commerce commission" meaning the state commerce 
commission, "department of commerce," or "commerce department" 
where those terms appear in Minnesota Statutes; 
    (b) "commissioner of banks," "commissioner of banking," or 
"banking commissioner" where those terms appear in Minnesota 
Statutes; 
    (c) "commissioner of insurance" or "insurance commissioner" 
where those terms appear in Minnesota Statutes; 
    (d) "commissioner of securities and real estate" where that 
term appears in Minnesota Statutes; 
    (e) "division" where that term appears in chapters 46 to 
59A, and "banking division" or "division of banking" where those 
terms appear in Minnesota Statutes; 
    (f) "division of insurance," "insurance division," 
"department of insurance," or "insurance department" where those 
terms appear in Minnesota Statutes; 
    (g) "department of securities and real estate," "securities 
and real estate department," "securities and real estate 
division," or "division of securities and real estate" where 
those terms appear in Minnesota Statutes; and 
    (h) "department of administration" or "commissioner of 
administration" where those terms appear in chapter 238; and 
    (i) "director of office of consumer services," "office of 
consumer services," "consumer services section," where those 
terms appear in chapter 155A and sections 325F.08 to 325F.18. 
    Sec. 93.  Laws 1983, chapter 293, section 66, is repealed. 
    Sec. 94.  Laws 1983, chapter 293, section 80, is repealed. 
    Sec. 95.  Laws 1983, chapter 293, section 83, is repealed. 
    Sec. 96.  Laws 1983, chapter 301, section 66, is repealed. 
    Sec. 97.  Laws 1983, chapter 312, article 8, section 6, is 
repealed. 
    Sec. 98.  [CORRECTION.] 
    Subdivision 1.  [OMITTED EFFECTIVE DATE.] S.F. No. 1469, if 
enacted by the 1984 regular session, is effective the day 
following its final enactment.  
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective the 
day following the final enactment of S.F. No. 1469.  

                               ARTICLE 2 

                              CORRECTIONS 
    Section 1.  [EFFECT OF AMENDMENTS AND REPEALS.] 
    Subdivision 1.  [CONFLICTS; PREVAILING LAW.] Regardless of 
the order of final enactment of this article and the acts it 
amends, the amendments or repeals in this article shall be given 
effect.  Notwithstanding Minnesota Statutes, sections 645.26, 
subdivision 3, 645.33, or other law, an amendment in this 
article shall prevail over any other act amending the same 
provisions of law in an irreconcilable manner.  
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective the 
day following its final enactment.  
    Sec. 2.  [CORRECTION.] Subdivision 1.  [INCORRECT 
SUBDIVISION REFERENCE.] H.F. No. 1801, section 10, subdivision 
5, if enacted at the 1984 regular session is amended to read:  
    Subd. 5.  [DISCHARGES NOT APPLICABLE.] Except as provided 
in subdivision 6, the requirements of subdivision 1 3 do not 
apply to incidents involving the unintentional release of 
hazardous materials being transported under the following proper 
shipping names:  
    (1) consumer commodity;  
    (2) battery, electric storage, wet, filled with acid or 
alkali; 
    (3) paint, enamel, lacquer, stain, shellac or varnish 
aluminum, bronze, gold, wood filler, and liquid or lacquer base 
liquid when shipped in packagings of five gallons or less.  
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective the 
day following final enactment of H.F. No. 1801.  
    Sec. 3.  [CORRECTION.] Subdivision 1.  [INCORRECT 
REFERENCE.] Minnesota Statutes 1983 Supplement, section 53.04, 
subdivision 3a, if amended at the 1984 regular session by S.F. 
No. 1732, section 3, is amended to read: 
    Subd. 3a.  (a) The right to make loans, secured or 
unsecured, at the rates and on the terms and other conditions 
permitted licensees under chapter 56.  Loans made under the 
authority of section 6 must be in amounts in compliance with 
section 53.05, clause (7).  All other loans made under the 
authority of chapter 56 must be in amounts in compliance with 
section 53.05, clause (7), or 56.131, subdivision 1, paragraph 
(a), whichever is less.  The right to extend credit or lend 
money and to collect and receive charges therefor as provided by 
chapter 334, or in lieu thereof to charge, collect, and receive 
interest at the rate of 21.75 percent per annum.  The provisions 
of sections 47.20 and 47.21 do not apply to loans made under 
this section subdivision, except as specifically provided in 
this subdivision.  Nothing in this subdivision is deemed to 
supersede, repeal, or amend any provision of section 53.05.  A 
licensee making a loan under this chapter secured by a lien on 
real estate shall comply with the requirements of section 47.20, 
subdivision 8.  
    (b) Loans made under this section subdivision at a rate of 
interest not in excess of that provided for in paragraph (a) may 
be secured by real or personal property, or both.  If the 
proceeds of a loan made after August 1, 1984 are used in whole 
or in part to satisfy the balance owed on a contract for deed, 
the rate of interest charged on the loan must not exceed the 
rate provided in section 47.20, subdivision 4a.  If the proceeds 
of a loan secured by a first lien on the borrower's primary 
residence are used to finance the purchase of the borrower's 
primary residence, the loan must comply with the provisions of 
section 47.20.  
    (c) A loan made under this section subdivision that is 
secured by real estate and that is in a principal amount of 
$7,500 or more and a maturity of 60 months or more may contain a 
provision permitting discount points, if the loan does not 
provide a loan yield in excess of the maximum rate of interest 
permitted by this subdivision.  Loan yield means the annual rate 
of return obtained by a licensee computed as the annual 
percentage rate is computed under Federal Regulation Z.  If the 
loan is prepaid in full, the licensee must make a refund to the 
borrower to the extent that the loan yield will exceed the 
maximum rate of interest provided by this subdivision when the 
prepayment is taken into account.  
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective the 
day following final enactment of S.F. No. 1732. 
    Sec. 4.  [CORRECTION.] Subdivision 1.  [OMITTED EFFECTIVE 
DATE.] S.F. No. 1473, section 1, if enacted at the 1984 regular 
session, is effective the day following its final enactment.  
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective the 
day following final enactment of S.F. No. 1473.  
    Sec. 5.  [CORRECTION.] Subdivision 1.  [SYNTAX CORRECTION.] 
Minnesota Statutes 1982, section 300.05, subdivision 2, if 
amended by S.F. No. 2046 at the 1984 regular session is amended 
to read: 
    Subd. 2.  [PROCEDURE.] The governing body of a city may 
petition to acquire and operate a franchise referred to in 
subdivision 1, if authorized to do so by a two-thirds majority 
of the votes cast at a special election called for that 
purpose.  The election must be held within the three-month 
period prior to the expiration of any five-year period after 
period of five years from the granting of the franchise.  
    The city must also pay the corporation or person owning the 
franchise the value of the property being acquired.  The value 
of the property is determined in the manner provided by law for 
acquiring property under the right of eminent domain.  
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective 
August 1, 1984.  
    Sec. 6.  [CORRECTION.] Subdivision 1.  [AMENDMENT 
PHYSICALLY LOST, CHIEF AUTHORS AGREE.] H.F. No. 2148, section 2, 
if enacted at the 1984 regular session is amended to read:  
    Sec. 2.  [62A.046] [COORDINATION OF BENEFITS.] 
    (1) No group contract providing coverage for hospital and 
medical treatment or expenses issued or renewed after August 1, 
1984, which is responsible for secondary coverage for services 
provided, may deny coverage or payment of the amount it owes as 
a secondary payor solely on the basis of the failure of another 
group contract, which is responsible for primary coverage, to 
pay for those services.  
    (2) A group contract which provides coverage of a claimant 
as a dependent of a parent who has legal responsibility for the 
dependent's medical care but who does not have custody of the 
dependent must may, upon request of the custodial parent, make 
payments directly to the provider of care.  In such cases, 
liability to the insured is satisfied to the extent of benefit 
payments made to the provider.  
    (3) This section applies to an insurer, a vendor of risk 
management services regulated under section 60A.23, a nonprofit 
health service plan corporation regulated under chapter 62C and 
a health maintenance organization regulated under chapter 62D. 
Nothing in this section shall require a secondary payor to pay 
the obligations of the primary payor nor shall it prevent the 
recovery of liable payments from the primary payor by the 
secondary payor if from recovering from the primary payor the 
amount of any obligation of the primary payor that the secondary 
payor elects to pay the obligations of the primary payor.  
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective 
August 1, 1984. 
    Sec. 7.  [CORRECTION.] Subdivision 1.  [INCORRECT 
REFERENCE.] Minnesota Statutes 1982, section 52.03, subdivision 
2, if added by H.F. No. 1771, section 1, by the 1984 regular 
session, is amended to read: 
    Subd. 2.  [RECIPROCITY.] With the approval of the 
commissioner, a credit union chartered in another state shall be 
permitted to do business in Minnesota if Minnesota credit unions 
are permitted to do business in that state, and if:  
    (a) the credit union is organized under laws similar to 
Minnesota laws applicable to credit unions;  
    (b) the credit union is financially solvent;  
    (c) the credit union needs to conduct business in this 
state to adequately serve its members in this state;  
    (d) the credit union satisfies the mandatory share and 
deposit insurance requirements in section 52.24;  
    (e) the credit union designates and maintains an agent for 
the service of process in this state; and 
    (f) the credit union complies with the provisions of 
chapter 52 section 52.04. 
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective the 
day following final enactment of H.F. No. 1771.  
    Sec. 8.  [CORRECTION.] Subdivision 1.  [REFERENCE TO 
DELETED SUBDIVISION LANGUAGE.] Minnesota Statutes 1982, section 
83.26, subdivision 2, if amended by S.F. No. 1504 at the 1984 
regular session is amended to read:  
    Subd. 2.  [GENERALLY; TRANSACTIONS.] Unless the method of 
offer or sale is adopted for the purpose of evasion of sections 
83.20 to 83.42, and sections 28 and 29, the following 
transactions are exempt from sections 83.23, 83.24, 83.25, 
83.28, 83.29, and 83.30:  
    (a) The offer or sale of an interest in subdivided land by 
an owner, other than the subdivider, acting as principal in a 
single or isolated transaction;  
    (b) The offer or sale of all of the subdivided lands within 
a subdivision in a single transaction to any person;  
    (c) The offer or sale of subdivided land pursuant to an 
order of competent jurisdiction, other than a court of 
bankruptcy;  
    (d) The offer or sale of subdivided land consisting of not 
more than ten separate lots, units, parcels, or interests in the 
aggregate;  
    (e) The offer or sale of subdivided lands which have been 
registered under section 83.23, subdivision 2, if there are no 
more than ten separate lots, units, parcels, or interests 
remaining to be sold and no material change has occurred in the 
information on file with the commissioner;  
    (f) The offer and sale of subdivided land located within 
the corporate limits of a municipality as defined in section 
462.352, subdivision 2, which municipality has adopted 
subdivision regulations as defined in section 462.352, except 
those lands described in section 83.20, subdivisions subdivision 
13, 14, and 15;  
    (g) The offer and sale of apartments or condominiums as 
defined in chapters 515 and 515A;  
    (h) The offer and sale of subdivided lands used primarily 
for agricultural purposes provided each parcel is at least ten 
acres in size;  
    (i) The offer or sale of improved lots if:  
    (1) the subdivider has filed with the commissioner, no 
later than ten business days prior to the date of the first 
sale, a written notice of its intention to offer or sell 
improved lots, which notice shall be accompanied by a fee of 
$50, together with a copy of the public offering statement 
accepted by the situs state and the standard purchase agreement 
which documents are required to be supplied by the subdivider to 
the purchaser; and 
    (2) the subdivider deposits all downpayments in an escrow 
account until all obligations of the subdivider to the 
purchaser, which are pursuant to the terms of the purchase 
agreement to be performed prior to the closing, have been 
performed.  The subdivider shall provide the purchaser with a 
purchase receipt for the downpayment paid, a copy of the escrow 
agreement and the name, address, and telephone number of the 
escrow agent.  The escrow agent shall be a bank located in 
Minnesota.  All downpayments shall be deposited in the escrow 
account within two business days after receipt.  
    The commissioner may by rule or order suspend, revoke, or 
further condition the exemptions contained in clauses (f), (g), 
(h), and (i) or may require such further information as may be 
necessary for the protection of purchasers.  
    The rulemaking authority in this subdivision does not 
include temporary rulemaking authority pursuant to chapter 14. 
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective 
September 1, 1984. 
    Sec. 9.  [CORRECTION.] Subdivision 1.  [INCORRECT DOLLAR 
AMOUNT, REDUCTION.] H.F. No. 2314, section 8, if enacted at the 
1984 regular session, is amended to read: 
    Sec. 8.  ENERGY AND ECONOMIC 
DEVELOPMENT 
Regional Solid Waste Disposal                        1,400,000 
This appropriation is for payment of a 
grant to the city of Bagley to develop 
a solid waste disposal, incineration, 
and district heating pilot project 
involving seven counties.  The purpose 
of the project must be to deal with 
solid waste disposal as a rural problem 
and provide more reliable energy to the 
incinerator site through a district 
heating system.  The grant may not be 
paid until the commissioner of energy 
and economic development has determined 
that additional financing in the amount 
of $10,000,000 $8,600,000 has been 
committed by other sources.  
 This appropriation is from the general 
fund. 
    Subd. 2.  [EFFECTIVE DATE.] This section is effective the 
day after final enactment of H.F. No. 2314. 
    Sec. 10.  [CORRECTION.] Subdivision 1.  [OMITTED 
INFORMATION RELEASE.] H. F. No. 2016, article 8, section 2, 
subdivision 4, if enacted at the 1984 regular session, is 
amended to read: 
    Subd. 4.  [LICENSING AUTHORITY; DUTIES.] All licensing 
authorities must require the applicant to provide his social 
security number and Minnesota business identification number on 
all license applications.  Upon request of the commissioner, the 
licensing authority must provide the commissioner with a list of 
all applicants, including the name, address, business name and 
address, social security number, and business identification 
number of each applicant.  The commissioner may request from a 
licensing authority a list of the applicants no more than once 
each calendar year.  Notwithstanding sections 290.61 and 
297A.43, the commissioner may release information necessary to 
accomplish the purpose of this section.  
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective July 
1, 1984.  
    Sec. 11.  [CORRECTION.] Subdivision 1.  [INCORRECT NAME 
REFERENCES DUE TO NAME CHANGE.] Minnesota Statutes 1983 
Supplement, section 473.446, subdivision 1, if amended by H.F. 
No. 2016, article 3, section 25, at the 1984 regular session is 
amended to read: 
    Subdivision 1.  [TAXATION WITHIN TRANSIT TAXING DISTRICT.] 
For the purposes of sections 473.401 to 473.451 and the 
metropolitan transit system, except as otherwise provided in 
this subdivision the metropolitan transit commission regional 
transit board shall levy each year upon all taxable property 
within the metropolitan transit taxing district, defined in 
subdivision 2, a transit tax consisting of: 
    (a) An amount up to two mills times the assessed value of 
all such property, based upon the level of transit service 
provided for the property, the proceeds of which shall be used 
for payment of the expenses of operating transit and paratransit 
service; 
    (b) An additional amount, if any, as the commission 
determines to be necessary to provide for the full and timely 
payment of its certificates of indebtedness and other 
obligations outstanding on July 1, 1977, to which property taxes 
under this section have been pledged; and 
    (c) An additional amount necessary to provide full and 
timely payment of certificates of indebtedness, bonds, or other 
obligations issued or to be issued pursuant to section 473.436 
for purposes of acquisition and betterment of property and other 
improvements of a capital nature and to which the commission has 
specifically pledged tax levies under this clause. 
    The county auditor shall reduce the tax levied pursuant to 
this subdivision on all property within cities or towns that 
receive full peak service and limited off-peak service by an 
amount equal to the tax levy that would be produced by applying 
a rate of 0.5 mills on the property.  The county auditor shall 
reduce the tax levied pursuant to this subdivision on all 
property within cities or towns that receive limited peak 
service by an amount equal to the tax levy that would be 
produced by applying a rate of 0.75 mills on the property.  The 
amounts so computed by the county auditor shall be submitted to 
the commissioner of revenue as part of the abstracts of tax 
lists required to be filed with the commissioner under section 
275.29.  Any prior year adjustments shall also be certified in 
the abstracts of tax lists.  The commissioner shall review the 
certifications to determine their accuracy.  He may make changes 
in the certification as he may deem necessary or return a 
certification to the county auditor for corrections.  The 
commissioner shall pay to the regional transit board the amounts 
certified by the county auditors on the dates provided in 
section 273.13, subdivision 15a, clause (3).  There is annually 
appropriated from the general fund in the state treasury to the 
department of revenue the amounts necessary to make these 
payments in fiscal year 1985 1987 and thereafter.  
    For the purposes of this subdivision, "full peak and 
limited off-peak service" means peak period service plus weekday 
midday service with a frequency of more than 60 minutes on the 
route with the greatest frequency; and "limited peak period 
service" means peak period service only.  
     Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective upon 
the effective date of H.F. No. 2016, article 3, section 25, if 
enacted at the 1984 regular session. 
    Sec. 12.  [CORRECTION.] Subdivision 1.  [AMENDMENT TO 
REPEALED SECTION.] S.F. No. 1913, article 1, section 9, if 
enacted at the 1984 regular session is repealed. 
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective the 
day following its final enactment.  
    Sec. 13.  [INSTRUCTION TO REVISOR OF STATUTES.] Subdivision 
1.  [CHAPTER 16 RECODIFICATION.] If a provision in chapter 16 is 
amended by the 1984 regular session and S.F. No. 1408 is enacted 
by the 1984 regular session the revisor shall codify the 
amendment consistent with the recodification of chapter 16 by 
S.F. No. 1408 notwithstanding any law to the contrary.  
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective the 
day following its final enactment.  
    Sec. 14.  [CORRECTION.] Subdivision 1.  [POLICE REPORTS 
MISTAKENLY MADE PUBLIC.] 
    Minnesota Statutes 1982, section 626.556, subdivision 11, 
if amended by H.F. No. 1806, by the 1984 regular session, is 
amended to read: 
    Subd. 11.  [RECORDS.] All records maintained by a local 
welfare agency under this section, including any written reports 
filed under subdivision 7, shall be private data on individuals, 
except insofar as copies of reports are required by subdivision 
7 to be sent to the local police department or the county 
sheriff.  Report records maintained by any police department or 
the county sheriff shall be private data on individuals except 
the reports shall be made available to the investigating, 
petitioning, or prosecuting authority.  The welfare board shall 
make available to the investigating, petitioning, or prosecuting 
authority any records which contain information relating to a 
specific incident of neglect or abuse which is under 
investigation, petition, or prosecution and information relating 
to any prior incidents of neglect or abuse involving any of the 
same persons.  The records shall be collected and maintained in 
accordance with the provisions of chapter 13.  An individual 
subject of a record shall have access to the record in 
accordance with those sections, except that the name of the 
reporter shall be confidential while the report is under 
assessment or investigation.  After the assessment or 
investigation is completed, the name of the reporter shall be 
confidential but shall be accessible to the individual subject 
of the record upon court order.  
    Records maintained by local welfare agencies, the police 
department or county sheriff under this section shall be 
destroyed as described in clauses (a) to (c): 
    (a) If upon assessment or investigation a report is found 
to be unsubstantiated, notice of intent to destroy records of 
the report shall be mailed to the individual subject of the 
report.  At the subject's request the records shall be 
maintained as private data.  If no request from the subject is 
received within 30 days of mailing the notice of intent to 
destroy, the records shall be destroyed. 
    (b) All records relating to reports which, upon assessment 
or investigation, are found to be substantiated shall be 
destroyed seven years after the date of the final entry in the 
case record. 
    (c) All records of reports which, upon initial assessment 
or investigation, cannot be substantiated or disproved to the 
satisfaction of the local welfare agency, local police 
department or county sheriff may be kept for a period of one 
year.  If the local welfare agency, local police department or 
county sheriff is unable to substantiate the report within that 
period, each agency unable to substantiate the report shall 
destroy its records relating to the report in the manner 
provided by clause (a). 
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective the 
day following final enactment of H.F. No. 1806 at the 1984 
regular session.  
    Sec. 15.  [CORRECTION.] Subdivision 1.  [CLARIFICATION.] 
S.F. No. 1815, section 1, subdivision 4, if enacted by the 1984 
regular session is amended to read: 
    Subd. 4.  Notwithstanding the development of an 
organization under this section, the governance The execution of 
the functions of the board of directors of a hospital by the an 
organization established under this section shall be subject to 
the public purchasing requirements of section 471.345, the open 
meeting law, section 471.705, and the data practices act, 
chapter 13.  
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective the 
day following final enactment of S.F. No. 1815.  
    Sec. 16.  [CORRECTION.] Subdivision 1.  [AMENDMENT AGREED 
TO, NOT INCLUDED IN CONFERENCE REPORT.] Minnesota Statutes 1983 
Supplement, section 124.2137, subdivision 1, is amended to read: 
    Subdivision 1.  [TAX REDUCTIONS.] The county auditor shall 
reduce the tax for school purposes on all property receiving the 
homestead credit pursuant to section 273.13, subdivision 6, by 
an amount equal to 29 percent of the tax levy imposed on up to 
320 acres of land including the buildings and structures thereon 
but excluding the homestead dwelling all dwellings and 
surrounding one an acre of land for each dwelling.  The county 
auditor shall reduce the tax for school purposes on the next 320 
acres classified pursuant to section 273.13, subdivision 6 by an 
amount equal to 13 percent of the tax levy imposed on the 
property.  The tax on all other agricultural lands classified 
pursuant to section 273.13, subdivision 6 shall be reduced by an 
amount equal to ten percent of the tax levy imposed on the 
property.  The tax on the first 320 acres of agricultural land 
classified pursuant to section 273.13, subdivision 4 and all 
real estate devoted to temporary and seasonal residential 
occupancy for recreational purposes, but not devoted to 
commercial purposes, shall be reduced by an amount equal to 13 
percent of the tax imposed on the property.  The tax on timber 
land classified pursuant to section 273.13, subdivision 8a and 
agricultural land in excess of 320 acres classified pursuant to 
section 273.13, subdivision 4 shall be reduced by an amount 
equal to ten percent of the tax levy imposed on the property.  
The amounts so computed by the county auditor shall be submitted 
to the commissioner of revenue as part of the abstracts of tax 
lists required to be filed with the commissioner under the 
provisions of section 275.29.  Any prior year adjustments shall 
also be certified in the abstracts of tax lists.  The 
commissioner of revenue shall review the certifications to 
determine their accuracy.  He may make changes in the 
certification as he may deem necessary or return a certification 
to the county auditor for corrections.  The amount of the 
reduction provided under this subdivision which any taxpayer can 
receive on all qualifying property which he owns shall not 
exceed $2,000 in the case of agricultural property and shall not 
exceed $100 in the case of seasonal residential recreational 
property.  In the case of property owned by more than one 
person, the maximum amount of the reduction shall apply to the 
total of all the owners.  For purposes of computing the credit 
pursuant to this subdivision, the "tax levy" shall be the tax 
levy reduced by the credits provided by sections 273.115, 
273.116, 273.123, 273.42, subdivision 2, and 473H.10.  
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective for 
taxes levied in 1984 and thereafter, for taxes payable in 1985 
and thereafter.  
    Sec. 17.  [CORRECTION.] Subdivision 1.  [TOWNS AUTHORIZED 
TO CONTRACT WITH NONPROFIT ORGANIZATIONS; EFFECTIVE DATE 
OMITTED.] H.F. No. 1982 if enacted by the 1984 regular session 
is effective the day following its final enactment.  
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective the 
day following final enactment of H.F. No. 1982.  
    Sec. 18.  [CORRECTION.] Subdivision 1.  [GRAMMATICAL 
ERROR.] Minnesota Statutes 1983 Supplement, section 169.123, 
subdivision 2, if amended by S.F. No. 1336 at the 1984 regular 
session is amended to read: 
    Subd. 2.  [IMPLIED CONSENT; CONDITIONS; ELECTION AS TO TYPE 
OF TEST.] (a) Any person who drives, operates, or is in physical 
control of a motor vehicle within this state consents, subject 
to the provisions of this section and section 169.121, to a 
chemical test of his blood, breath, or urine for the purpose of 
determining the presence of alcohol or a controlled substance.  
The test shall be administered at the direction of a peace 
officer.  The test may be required of a person when an officer 
has and probable cause to believe the person was driving, 
operating, or in physical control of a motor vehicle in 
violation of section 169.121 and one of the following conditions 
exist:  (1) the person has been lawfully placed under arrest for 
violation of section 169.121, or an ordinance in conformity with 
it; or (2) the person has been involved in a motor vehicle 
accident or collision resulting in property damage, personal 
injury, or death; or (3) the person has refused to take the 
screening test provided for by section 169.121, subdivision 6; 
or (4) the screening test was administered and recorded an 
alcohol concentration of 0.10 or more.  
    (b) At the time a chemical test specimen is requested, the 
person shall be informed: 
    (1) that Minnesota law requires the person to take a test 
to determine if the person is under the influence of alcohol or 
a controlled substance;  
        (2) that if testing is refused, the person's right to drive 
will be revoked for a minimum period of one year or, if the 
person is under the age of 18 years, for a period of one year or 
until he or she reaches the age of 18 years, whichever is 
greater; 
        (3) that if a test is taken and the results indicate that 
the person is under the influence of alcohol or a controlled 
substance, the person will be subject to criminal penalties and 
the person's right to drive may be revoked for a minimum period 
of 90 days or, if the person is under the age of 18 years, for a 
period of six months or until he or she reaches the age of 18 
years, whichever is greater; 
    (4) that after submitting to testing, the person has the 
right to consult with an attorney and to have additional tests 
made by a person of his own choosing; and 
    (5) that if he refuses to take a test, the refusal will be 
offered into evidence against him at trial. 
    (c) The peace officer who requires a test pursuant to this 
subdivision may direct whether the test shall be of blood, 
breath, or urine.  However, if the officer directs that the test 
shall be of a person's blood or urine, the person may choose 
whether the test shall be of his blood or urine.  
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective 
August 31, 1984.  
    Sec. 19.  [CORRECTION.] Subdivision 1.  [INCORRECT SECTION 
REFERENCES.] H.F. No. 1156, section 9, if enacted by the 1984 
regular session, is amended to read: 
    Sec. 9.  [3C.09] [MINNESOTA STATUTES; SUPPLEMENTATION.] 
    If the revisor's office does not publish an edition of 
Minnesota Statutes in a given year, it may publish a supplement 
to Minnesota Statutes.  The supplement must be identifed by the 
year of publication and to the extent possible must otherwise 
comply with section 9 8.  
    Subd. 2.  [INCORRECT SECTION REFERENCE.] H.F. No. 1156, 
section 13, if enacted at the 1984 regular session, is amended 
to read: 
    Sec. 13.  [3C.13] [LEGAL STATUS OF STATUTES.] 
    Any volume of Minnesota Statutes, supplement to Minnesota 
Statutes, and Laws of Minnesota certified by the revisor 
according to section 12 11, subdivision 1, is prima facie 
evidence of the statutes contained in it in all courts and 
proceedings.  
    Revised Laws of Minnesota 1905, General Statutes of 
Minnesota 1913, General Statutes of Minnesota 1923, Mason's 
Minnesota Statutes 1927, and supplements, appendix and addenda, 
or added volumes to these publications are prima facie evidence 
of the statutes contained in them in all courts and proceedings. 
    Subd. 3.  [INCORRECT SECTION REFERENCE.] Minnesota Statutes 
1982, section 15.18, if amended at the 1984 regular session by 
H.F. No. 1156, is amended to read: 
    15.18 [DISTRIBUTION OF PUBLICATIONS.] 
    Except as provided in sections 5.08, 16.02, and section 13 
12, subdivision 2, when any department, agency, or official of 
the state issues for public distribution any book, document, 
journal, map, pamphlet, or report copies thereof shall be 
delivered immediately as follows: 
    Four copies to the Minnesota Historical Society; 
    One copy to the general library of the University of 
Minnesota, and may, upon request of the librarian, deliver 
additional copies; 
    Two copies to the state library, and such additional copies 
as the state librarian deems necessary for exchange with other 
libraries, with other states, with the United States, and with 
governments of foreign countries; 
    One copy to the public library of any city of the first 
class; 
    One copy to the library of each state university as defined 
in chapter 136. 
    Subd. 4.  [INCORRECT SECTION REFERENCE.] Minnesota Statutes 
1982, section 60B.01, subdivision 1, if amended at the 1984 
regular session by H.F. No. 1156, is amended to read: 
    Subdivision 1.  [SHORT TITLE.] Sections 60B.01 to 60B.61 
may be cited as the "insurers rehabilitation and liquidation 
act" and shall appear in the next edition of Minnesota Statutes 
as Chapter 60B but subject to the provisions of section 11 10, 
subdivision 1.  
     Subd. 5.  [INCORRECT SECTION REFERENCE.] Minnesota Statutes 
1982, section 336.1-101, if amended at the 1984 regular session 
by H.F. No. 1156, is amended to read: 
    336.1-101 [SHORT TITLE AND NUMBERING SYSTEM.] 
    This chapter shall be known and may be cited as Uniform 
Commercial Code.  It is arranged and numbered, subject, however, 
to the provisions of section 11 10, subdivision 1, so that the 
enacted chapter may be compiled in the next published edition of 
Minnesota Statutes without change and in conformity with the 
official numbering of the Uniform Commercial Code.  
    Subd. 6.  [INCORRECT SECTION REFERENCE.] Minnesota Statutes 
1982, section 480.057, if amended at the 1984 regular session by 
H.F. No. 1156, is amended to read: 
    480.057 [PROMULGATION.] 
    Subdivision 1.  [EFFECTIVE DATE OF RULES; PUBLICATION.] All 
rules promulgated under sections 480.051 to 480.058 are 
effective at a time fixed by the court .  The rules must be 
published as part of Minnesota Statutes according to section 9 8.
    Subd. 2.  [ PRINTING, PUBLISHING, AND DISTRIBUTING.] The 
revisor of statutes shall print, publish, and distribute copies 
of the rules according to section 13 12.  
    Subd. 7.  [INCORRECT SECTION REFERENCE.] Minnesota Statutes 
1982, section 524.1-101, if amended at the 1984 regular session 
by H.F. No. 1156, is amended to read: 
    524.1-101 [CITATION AND NUMBERING SYSTEM.] 
    This chapter shall be known and may be cited as the uniform 
probate code.  It is arranged and numbered, subject however to 
the provisions of section section 11 10, subdivision 1, so that 
the enacted chapter may be compiled in the next published 
edition of Minnesota Statutes without change and in conformity 
with the official numbering of the uniform probate code.  The 
articles of Laws 1974, Chapter 442 are numbered out of sequence 
to facilitate the possible inclusion of other articles of the 
probate code in one chapter.  
    Subd. 7.  [EFFECTIVE DATE.] Subdivisions 1 to 7 are 
effective August 1, 1984.  
    Sec. 20.  [CORRECTION.] Subdivision 1.  [OLMSTED SOLID 
WASTE.] S.F. No. 2145, section 1, if enacted at the 1984 regular 
session, is amended to read: 
    Section 1.  [MANAGEMENT AND SERVICE CONTRACTS.] 
    Notwithstanding any law to the contrary, Olmsted County may 
enter into contracts for solid waste facilities with or without 
advertisement for bids for the construction, installation, 
maintenance, and operation of property and facilities on private 
or public lands and may contract for the furnishing of solid 
waste management services.  If a county contract is let by 
negotiation, without advertising for bids, the county shall 
conduct the negotiation and award the contract using a fair and 
open procedure and in full compliance with Minnesota Statutes, 
section 471.705.  If a county contract is to be awarded by bid, 
the county may, after notice to the public and prospective 
bidders, conduct a fair and open process of prequalification of 
bidders prior to advertisement for bids.  
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective the 
day following its final enactment.  
    Sec. 21.  [CORRECTION.] Subdivision 1.  [INCORRECT 
REFERENCE DUE TO NAME CHANGE.] Minnesota Statutes 1982, section 
473.404, subdivision 6, if added by H.F. No. 2317 at the 1984 
regular session, is amended to read: 
    Subd. 6.  [REMOVAL; VACANCIES.] Members may be removed by 
the council transit board only for cause in the manner specified 
in chapter 351.  If the office of a member becomes vacant, under 
the conditions specified in chapter 351, the vacancy must be 
filled in the same manner in which the appointment to that 
office was made.  
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective the 
day following final enactment of H.F. No. 2317, by the 1984 
regular session.  
    Sec. 22.  [CORRECTION.] 
    Subdivision 1.  [AMENDMENT AGREED TO, NOT INCLUDED IN 
CONFERENCE REPORT.] Minnesota Statutes 1982, section 290.08, 
subdivision 26, as added by H.F. No. 2016, enacted at the 1984 
regular session, is amended to read: 
    Subd. 26.  [PENSION INCOME.] (a) [EXCLUSION.] Gross income 
shall not include the taxpayer's pension income.  The maximum 
amount of this exclusion is the greater of the following two 
amounts:  
    (1) $11,000 reduced by the amount of the taxpayer's federal 
adjusted gross income in excess of $17,000 excluding social 
security benefits and railroad retirement benefits to the extent 
included in federal adjusted gross income; or 
    (2) $11,000 reduced by the sum of 
    (A) social security benefits, 
    (B) railroad retirement benefits, and 
    (C) the excess over $23,000 of federal adjusted gross 
income, but excluding social security benefits and railroad 
retirement benefits to the extent included in federal adjusted 
gross income.  
    (3) Notwithstanding clauses (1) and (2), in the case of an 
involuntary lump sum distribution of pension or retirement 
benefits to volunteer firefighters, the maximum amount of the 
exclusion is $11,000.  This amount is not subject to reduction 
for other income of the taxpayer.  
    (4) Pension income consisting of severance pay qualifies 
only for the exclusion computed according to paragraph (a), 
clause (1).  
    (b) [DEFINITIONS.] For purposes of this subdivision the 
following terms have the meanings given:  
    (1) "Internal Revenue Code" means the Internal Revenue Code 
of 1954, as amended through December 31, 1983.  
    (2) "Federal adjusted gross income" is the federal adjusted 
gross income referred to in section 290.01, subdivision 20, for 
the current taxable year, and includes the ordinary income 
portion of a lump sum distribution as defined in section 402(e) 
of the Internal Revenue Code.  
    (3) "Pension income" means to the extent included in the 
taxpayer's federal adjusted gross income the amount received by 
the taxpayer 
    (A) from the United States, its agencies or 
instrumentalities, the Federal Reserve Bank or from the state of 
Minnesota or any of its political or governmental subdivisions 
or from any other state or its political or governmental 
subdivisions, or a Minnesota volunteer firefighter's relief 
association, by way of payment as a pension, public employee 
retirement benefit, or any combination thereof, 
    (B) as a retirement or survivor's benefit made from a plan 
qualifying under section 401, 403, 404, 405, 408, 409, or 409A 
of the Internal Revenue Code, or 
    (C) severance pay distributed to an individual upon 
discontinuance of the individual's employment due to termination 
of business operations by the individual's employer, if the 
termination is reasonably likely to be permanent, involves the 
discharge of at least 75 percent of the employees at that site 
within a one-year period, and the business is not acquired by 
another person who continues operations at that site.  
    (4) "Severance pay" means an amount received for 
cancellation of an employment contract or a collectively 
bargained termination payment made as a substitute for income 
which would have been earned for personal services to be 
rendered in the future. 
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective for 
taxable years beginning after December 31, 1984.  
    Sec. 23.  [CORRECTION.] 
    Subdivision 1.  [AMENDMENT AGREED TO, NOT INCLUDED IN 
CONFERENCE REPORT.] Minnesota Statutes 1982, section 298.24, 
subdivision 1, as amended by H.F. No. 2016 at the 1984 regular 
session, is amended to read: 
    Subdivision 1.  (a) There is hereby imposed upon taconite 
and iron sulphides, and upon the mining and quarrying thereof, 
and upon the production of iron ore concentrate therefrom, and 
upon the concentrate so produced, a tax of $1.25 cents per gross 
ton of merchantable iron ore concentrate produced therefrom.  
The tax on concentrates produced in 1978 and subsequent years 
prior to 1985 shall be equal to $1.25 multiplied by the steel 
mill products index during the production year, divided by the 
steel mill products index in 1977.  The index stated in code 
number 1013, or any subsequent equivalent, as published by the 
United States Department of Labor, Bureau of Labor Statistics 
Wholesale Prices and Price Indexes for the month of January of 
the year in which the concentrate is produced shall be the index 
used in calculating the tax imposed herein.  In no event shall 
the tax be less than $1.25 per gross ton of merchantable iron 
ore concentrate.  The tax on concentrates produced in 1985 and 
1986 shall be at the rate determined for 1984 production.  For 
concentrates produced in 1987 and subsequent years, the tax 
shall be equal to the preceding year's tax plus an amount equal 
to the preceding year's tax multiplied by the percentage 
increase in the implicit price deflator from the fourth quarter 
of the second preceding year to the fourth quarter of the 
preceding year.  "Implicit price deflator" means the implicit 
price deflator prepared by the bureau of economic analysis of 
the United States department of commerce. 
    (b) On concentrates produced in 1984, an additional tax is 
imposed equal to eight-tenths of one percent of the total tax 
imposed by clause (a) per gross ton for each one percent that 
the iron content of such product exceeds 62 percent, when dried 
at 212 degrees Fahrenheit.  
    (c) The tax imposed by this subdivision on concentrates 
produced in 1984 shall be computed on the production for the 
current year.  The tax on concentrates produced in 1985 shall be 
computed on the average of the production for the current year 
and the previous year.  The tax on concentrates produced in 1986 
and thereafter shall be the average of the production for the 
current year and the previous two years. The rate of the tax 
imposed will be the current year's tax rate.  This clause shall 
not apply in the case of the closing of a taconite facility if 
the property taxes on the facility would be higher if this 
clause and section 298.25 were not applicable.  
    (d) If the tax or any part of the tax imposed by this 
subdivision is held to be unconstitutional, a tax of $1.25 per 
gross ton of merchantable iron ore concentrate produced shall be 
imposed. 
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective the 
day following final enactment of this act.  
    Sec. 24.  [CORRECTION.] S.F. No. 1336, if enacted at the 
1984 regular session, section 19, is amended to read:  
    Sec. 19.  Minnesota Statutes 1982, section 171.30, 
subdivision 1, is amended to read:  
    Subdivision 1.  [ISSUANCE.] In any case where a person's 
license has been suspended under section 171.18 or revoked under 
sections 169.121, 169.123, or 171.17, if the driver's livelihood 
or attendance at a chemical dependency treatment or counseling 
program depends upon the use of his driver's license, the 
commissioner may at his own discretion issue a limited license 
to the driver including under the following conditions:  
    (1) if the driver's livelihood or attendance at a chemical 
dependency treatment or counseling program depends upon the use 
of the driver's license; or 
    (2) if attendance at a post-secondary institution of 
education by an enrolled student of that institution depends 
upon the use of the driver's license.  
    The commissioner in issuing a limited license may impose 
such conditions and limitations as in his judgment are necessary 
to the interests of the public safety and welfare including 
re-examination as to the driver's qualifications.  The license 
may be limited to the operation of particular vehicles, to 
particular classes and times of operation and to particular 
conditions of traffic.  The commissioner may require that an 
applicant for a limited license affirmatively demonstrate that 
use of public transportation or carpooling as an alternative to 
a limited license would be a significant hardship.  
    The limited license issued by the commissioner shall 
clearly indicate the limitations imposed and the driver 
operating under the limited license shall have the license in 
his possession at all times when operating as a driver. 
    In determining whether to issue a limited license, the 
commissioner shall consider the number and the seriousness of 
prior convictions and the entire driving record of the driver 
and shall consider the number of miles driven by the driver 
annually.  
    Sec. 25.  [CORRECTION.] 
    Subdivision 1.  [OMITTED RAIL CORRIDOR.] H.F. No. 2317, 
article 2, section 1, clause (j), is amended to read:  
(j) Rail Service Improvements                        17,500
 This appropriation is from the general 
fund. 
 This appropriation is for the purpose 
of conducting a study of expanded 
railroad passenger service. 
The commissioner of transportation 
shall study the feasibility and 
potential methods of expanding railroad 
passenger service in the state.  The 
study must examine the following rail 
corridors:  (1) St. Paul to Willmar to 
Morris to Breckenridge to Moorhead; (2) 
Moorhead to Grand Forks to Winnipeg; 
(3) St. Paul to Mankato to Worthington; 
(4) St. Paul to Northfield to Owatonna 
to Albert Lea to Austin; (5) Duluth to 
Virginia to International Falls to 
Winnipeg; (6) St. Paul to Rochester; 
and (7) St. Paul to Alexandria to 
Fergus Falls to Moorhead to Winnipeg. 
The commissioner shall collect 
ridership data independent from AMTRAK 
data to analyze ridership and shall 
focus on local and intermediate stops.  
In analyzing the feasibility of 
expanding the railroad passenger 
service, the commissioner shall 
consider the following factors and any 
other factors deemed appropriate:  (1) 
minimum train speed, service frequency, 
and performance standards; (2) station 
locations; (3) availability of 
equipment; (4) ridership forecasts; (5) 
track upgrading estimates; (6) fuel 
consumption; and (7) estimated fare 
recovery in relation to total operating 
costs.  The commissioner shall report 
to the house and senate transportation 
committees by February 1, 1985, on his 
findings and recommendations.  
This appropriation may not be expended 
until units of government along the 
proposed corridors have committed at 
least $17,500 to match it. 
 Notwithstanding any provision of 
Minnesota Statutes, chapter 16A or any 
other law, the total amount 
appropriated for rail service 
improvements by Laws 1983, chapter 293, 
section 2, subdivision 5(a), shall be 
available for expenditure in any fiscal 
year. 
    Subd. 2.  [EFFECTIVE DATE.] Subdivision 1 is effective the 
day following its final enactment. 
    Approved May 2, 1984

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