1.1                          A bill for an act 
  1.2             relating to counties; eliminating certain maintenance 
  1.3             of effort provisions and relieving unnecessary or 
  1.4             duplicative or otherwise onerous reporting, 
  1.5             publishing, or other requirements; amending Minnesota 
  1.6             Statutes 2002, sections 6.48; 6.54; 6.55; 6.64; 6.66; 
  1.7             6.67; 6.68, subdivision 1; 6.70; 6.71; 6.77; 15.99, 
  1.8             subdivision 1; 84.83, by adding a subdivision; 
  1.9             119B.061, subdivision 1; 125A.36; 126C.55, subdivision 
  1.10            6; 134.201, subdivision 5; 144E.11, subdivision 6; 
  1.11            145.88; 145.881, subdivision 2; 145.882, subdivisions 
  1.12            1, 2, 3, 7, by adding a subdivision; 145.883, 
  1.13            subdivisions 1, 9; 145A.02, subdivisions 5, 6, 7; 
  1.14            145A.06, subdivision 1; 145A.09, subdivisions 2, 4, 7; 
  1.15            145A.10, subdivisions 2, 5, 10, by adding a 
  1.16            subdivision; 145A.11, subdivisions 2, 4; 145A.12, 
  1.17            subdivisions 1, 2, by adding a subdivision; 145A.13, 
  1.18            by adding a subdivision; 145A.14, subdivision 2; 
  1.19            169A.44; 201.171; 256.935; 256F.13, subdivision 1; 
  1.20            260B.157, subdivision 1; 260C.007, subdivision 19; 
  1.21            273.124, subdivision 13; 275.07, subdivisions 1, 4, 5; 
  1.22            276.04, subdivision 2; 279.09; 279.10; 331A.03, 
  1.23            subdivision 1, by adding a subdivision; 354A.12, 
  1.24            subdivision 3b; 373.41; 373.45, subdivision 8; 
  1.25            375.055, subdivision 1; 375.194, subdivisions 4, 5; 
  1.26            383A.75, subdivision 3; 386.30; 465.719, subdivision 
  1.27            9; 469.1791, subdivision 10; 469.1815, subdivision 1; 
  1.28            473.13, subdivision 1; 609.115, subdivision 1; 
  1.29            proposing coding for new law in Minnesota Statutes, 
  1.30            chapters 145; 145A; 345; proposing coding for new law 
  1.31            as Minnesota Statutes, chapter 331B; repealing 
  1.32            Minnesota Statutes 2002, sections 6.745; 119B.11, 
  1.33            subdivisions 1, 4; 125A.38; 134.34, subdivision 4; 
  1.34            144.401; 144.9507, subdivision 3; 145.56, subdivision 
  1.35            2; 145.882, subdivisions 4, 5, 6, 8; 145.883, 
  1.36            subdivisions 4, 7; 145.884; 145.885; 145.886; 145.888; 
  1.37            145.889; 145.890; 145.9266, subdivisions 2, 4, 5, 6, 
  1.38            7; 145.928, subdivision 9; 145A.02, subdivisions 9, 
  1.39            10, 11, 12, 13, 14; 145A.10, subdivisions 5, 6, 8; 
  1.40            145A.11, subdivision 3; 145A.12, subdivisions 3, 4, 5; 
  1.41            145A.14, subdivisions 3, 4; 145A.17, subdivisions 2, 
  1.42            9; 245.714; 256B.0911, subdivisions 4a, 4b, 4c, 4d; 
  1.43            256B.0945, subdivisions 6, 7, 8, 9; 256B.83; 256E.06; 
  1.44            256E.081; 256E.09; 256F.05, subdivision 8; 256F.10, 
  1.45            subdivision 7; 268.872, subdivision 2; 275.065; 
  1.46            375.12, subdivision 2; 518.167; 611A.037, subdivision 
  2.1             1; Minnesota Rules, parts 4736.0010; 4736.0020; 
  2.2             4736.0030; 4736.0040; 4736.0050; 4736.0060; 4736.0070; 
  2.3             4736.0080; 4736.0090; 4736.0120; 4736.0130. 
  2.4   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.5                              ARTICLE 1
  2.6                               GENERAL
  2.7      Section 1.  Minnesota Statutes 2002, section 119B.061, 
  2.8   subdivision 1, is amended to read: 
  2.9      Subdivision 1.  [ESTABLISHMENT.] A family in which a parent 
  2.10  provides care for the family's infant child may receive a 
  2.11  subsidy in lieu of assistance if the family is eligible for, or 
  2.12  is receiving assistance under the basic sliding fee program.  An 
  2.13  eligible family must meet the eligibility factors under section 
  2.14  119B.09, except as provided in subdivision 4, the income 
  2.15  criteria under section 119B.12, and the requirements of this 
  2.16  section.  Subject to federal match ~~and maintenance of effort~~ 
  2.17  ~~requirements for the child care and development fund~~, the 
  2.18  commissioner shall establish a pool of up to seven percent of 
  2.19  the annual appropriation for the basic sliding fee program to 
  2.20  provide assistance under the at-home infant child care program.  
  2.21  At the end of a fiscal year, the commissioner may carry forward 
  2.22  any unspent funds under this section to the next fiscal year 
  2.23  within the same biennium for assistance under the basic sliding 
  2.24  fee program. 
  2.25     Sec. 2.  Minnesota Statutes 2002, section 134.201, 
  2.26  subdivision 5, is amended to read: 
  2.27     Subd. 5.  [GENERAL LEVY AUTHORITY.] The board may levy for 
  2.28  operation of public library service.  This levy shall replace 
  2.29  levies for operation of public library service by cities and 
  2.30  counties authorized in section 134.07.  The amount levied shall 
  2.31  be spread on the net tax capacity of all taxable property in the 
  2.32  district at a uniform tax rate.  
  2.33     (a) The maximum amount that may be levied by a board under 
  2.34  this section is the greater of:  
  2.35     (1) the statewide average local support per capita for 
  2.36  public library services for the most recent reporting period 
  2.37  available, as certified by the commissioner of children, 
  3.1   families, and learning, multiplied by the population of the 
  3.2   district according to the most recent estimate of the state 
  3.3   demographer or the metropolitan council; or 
  3.4      (2) the total amount provided by participating counties and 
  3.5   cities under section 134.34, ~~subdivision 4,~~ during the year 
  3.6   preceding the first year of operation. 
  3.7      (b) For its first year of operation, the board shall levy 
  3.8   an amount not less than the total dollar amount provided by 
  3.9   participating cities and counties during the preceding year 
  3.10  under section 134.34~~, subdivision 4~~. 
  3.11     Sec. 3.  Minnesota Statutes 2002, section 256F.13, 
  3.12  subdivision 1, is amended to read: 
  3.13     Subdivision 1.  [FEDERAL REVENUE ENHANCEMENT.] (a)  [DUTIES 
  3.14  OF COMMISSIONER OF HUMAN SERVICES.] The commissioner of human 
  3.15  services may enter into an agreement with one or more family 
  3.16  services collaboratives to enhance federal reimbursement under 
  3.17  Title IV-E of the Social Security Act and federal administrative 
  3.18  reimbursement under Title XIX of the Social Security Act.  The 
  3.19  commissioner may contract with the department of children, 
  3.20  families, and learning for purposes of transferring the federal 
  3.21  reimbursement to the commissioner of children, families, and 
  3.22  learning to be distributed to the collaboratives according to 
  3.23  clause (2).  The commissioner shall have the following authority 
  3.24  and responsibilities regarding family services collaboratives: 
  3.25     (1) the commissioner shall submit amendments to state plans 
  3.26  and seek waivers as necessary to implement the provisions of 
  3.27  this section; 
  3.28     (2) the commissioner shall pay the federal reimbursement 
  3.29  earned under this subdivision to each collaborative based on 
  3.30  their earnings.  Payments to collaboratives for expenditures 
  3.31  under this subdivision will only be made of federal earnings 
  3.32  from services provided by the collaborative; 
  3.33     (3) the commissioner shall review expenditures of family 
  3.34  services collaboratives using reports specified in the agreement 
  3.35  with the collaborative ~~to ensure that the base level of~~ 
  3.36  ~~expenditures is continued and new federal reimbursement is used~~ 
  4.1   ~~to expand education, social, health, or health-related services~~ 
  4.2   ~~to young children and their families~~; 
  4.3      (4) ~~the commissioner may reduce, suspend, or eliminate a~~ 
  4.4   ~~family services collaborative's obligations to continue the base~~ 
  4.5   ~~level of expenditures or expansion of services if the~~ 
  4.6   ~~commissioner determines that one or more of the following~~ 
  4.7   ~~conditions apply:~~ 
  4.8      ~~(i) imposition of levy limits that significantly reduce~~ 
  4.9   ~~available funds for social, health, or health-related services~~ 
  4.10  ~~to families and children;~~ 
  4.11     ~~(ii) reduction in the net tax capacity of the taxable~~ 
  4.12  ~~property eligible to be taxed by the lead county or~~ 
  4.13  ~~subcontractor that significantly reduces available funds for~~ 
  4.14  ~~education, social, health, or health-related services to~~ 
  4.15  ~~families and children;~~ 
  4.16     ~~(iii) reduction in the number of children under age 19 in~~ 
  4.17  ~~the county, collaborative service delivery area, subcontractor's~~ 
  4.18  ~~district, or catchment area when compared to the number in the~~ 
  4.19  ~~base year using the most recent data provided by the state~~ 
  4.20  ~~demographer's office; or~~ 
  4.21     ~~(iv) termination of the federal revenue earned under the~~ 
  4.22  ~~family services collaborative agreement;~~ 
  4.23     ~~(5)~~ the commissioner shall not use the federal 
  4.24  reimbursement earned under this subdivision in determining the 
  4.25  allocation or distribution of other funds to counties or 
  4.26  collaboratives; 
  4.27     ~~(6)~~ (5) the commissioner may suspend, reduce, or terminate 
  4.28  the federal reimbursement to a provider that does not meet the 
  4.29  reporting or other requirements of this subdivision; 
  4.30     ~~(7)~~ (6) the commissioner shall recover from the family 
  4.31  services collaborative any federal fiscal disallowances or 
  4.32  sanctions for audit exceptions directly attributable to the 
  4.33  family services collaborative's actions in the integrated fund, 
  4.34  or the proportional share if federal fiscal disallowances or 
  4.35  sanctions are based on a statewide random sample; and 
  4.36     ~~(8)~~ (7) the commissioner shall establish criteria for the 
  5.1   family services collaborative for the accounting and financial 
  5.2   management system that will support claims for federal 
  5.3   reimbursement. 
  5.4      (b)  [FAMILY SERVICES COLLABORATIVE RESPONSIBILITIES.] The 
  5.5   family services collaborative shall have the following authority 
  5.6   and responsibilities regarding federal revenue enhancement: 
  5.7      (1) the family services collaborative shall be the party 
  5.8   with which the commissioner contracts.  A lead county shall be 
  5.9   designated as the fiscal agency for reporting, claiming, and 
  5.10  receiving payments; 
  5.11     (2) the family services collaboratives may enter into 
  5.12  subcontracts with other counties, school districts, special 
  5.13  education cooperatives, municipalities, and other public and 
  5.14  nonprofit entities for purposes of identifying and claiming 
  5.15  eligible expenditures to enhance federal reimbursement, or to 
  5.16  expand education, social, health, or health-related services to 
  5.17  families and children; 
  5.18     (3) ~~the family services collaborative must continue the~~ 
  5.19  ~~base level of expenditures for education, social, health, or~~ 
  5.20  ~~health-related services to families and children from any state,~~ 
  5.21  ~~county, federal, or other public or private funding source~~ 
  5.22  ~~which, in the absence of the new federal reimbursement earned~~ 
  5.23  ~~under this subdivision, would have been available for those~~ 
  5.24  ~~services, except as provided in subdivision 1, paragraph (a),~~ 
  5.25  ~~clause (4).  The base year for purposes of this subdivision~~ 
  5.26  ~~shall be the four-quarter calendar year ending at least two~~ 
  5.27  ~~calendar quarters before the first calendar quarter in which the~~ 
  5.28  ~~new federal reimbursement is earned;~~ 
  5.29     ~~(4) the family services collaborative must use all new~~ 
  5.30  ~~federal reimbursement resulting from federal revenue enhancement~~ 
  5.31  ~~to expand expenditures for education, social, health, or~~ 
  5.32  ~~health-related services to families and children beyond the base~~ 
  5.33  ~~level, except as provided in subdivision 1, paragraph (a),~~ 
  5.34  ~~clause (4);~~ 
  5.35     ~~(5)~~ the family services collaborative must ensure that 
  5.36  expenditures submitted for federal reimbursement are not made 
  6.1   from federal funds or funds used to match other federal funds.  
  6.2   Notwithstanding section 256B.19, subdivision 1, for the purposes 
  6.3   of family services collaborative expenditures under agreement 
  6.4   with the department, the nonfederal share of costs shall be 
  6.5   provided by the family services collaborative from sources other 
  6.6   than federal funds or funds used to match other federal funds; 
  6.7      ~~(6)~~ (4) the family services collaborative must develop and 
  6.8   maintain an accounting and financial management system adequate 
  6.9   to support all claims for federal reimbursement, including a 
  6.10  clear audit trail and any provisions specified in the agreement; 
  6.11  and 
  6.12     ~~(7)~~ (5) the family services collaborative shall submit an 
  6.13  annual report to the commissioner as specified in the agreement. 
  6.14     Sec. 4.  [PRORATE AID LOSS TO COURT ADMINISTRATION.] 
  6.15     Notwithstanding Minnesota Statutes, section 273.1398, 
  6.16  subdivision 4b, any county whose aid payments under Minnesota 
  6.17  Statutes, sections 273.1384 and 477A.015 are reduced below the 
  6.18  level originally certified for payment in 2003 may reduce its 
  6.19  budget for court administration as defined under Minnesota 
  6.20  Statutes, section 480.183, subdivision 3, so that court 
  6.21  administration bears a portion of the reduction in those aids 
  6.22  equal to the proportion that the budgeted operating expenditures 
  6.23  of court administration before application of this section is of 
  6.24  the total budgeted operating expenditures of the county. 
  6.25     Sec. 5.  [REPEALER.] 
  6.26     Minnesota Statutes 2002, sections 119B.11, subdivisions 1 
  6.27  and 4; 125A.38; 134.34, subdivision 4; 145A.17, subdivision 9; 
  6.28  245.714; 256B.0945, subdivisions 6, 7, 8, and 9; 256B.83; 
  6.29  256E.06; 256E.081; 256F.05, subdivision 8; 256F.10, subdivision 
  6.30  7; and 268.872, subdivision 2, are repealed. 
  6.31     Sec. 6.  [EFFECTIVE DATE.] 
  6.32     Section 4 is effective for calendar years 2003, 2004, and 
  6.33  2005. 
  6.34                             ARTICLE 2 
  6.35                           HUMAN SERVICES 
  6.36     Section 1.  Minnesota Statutes 2002, section 125A.36, is 
  7.1   amended to read: 
  7.2      125A.36 [PAYMENT FOR SERVICES.] 
  7.3      Core early intervention services must be provided at public 
  7.4   expense with ~~no cost to parents~~ parental contributions 
  7.5   consistent with section 256B.056.  Parents must be requested to 
  7.6   assist in the cost of ~~additional~~ early intervention services by 
  7.7   using third-party payment sources and applying for available 
  7.8   resources.  Payment structures permitted under state law must be 
  7.9   used to pay for ~~additional~~ early intervention services.  
  7.10  Parental financial responsibility must be clearly defined in the 
  7.11  IFSP.  A parent's inability to pay must not prohibit a child 
  7.12  from receiving needed early intervention services.  
  7.13     Sec. 2.  Minnesota Statutes 2002, section 256.935, is 
  7.14  amended to read: 
  7.15     256.935 [FUNERAL EXPENSES, PAYMENT BY COUNTY AGENCY.] 
  7.16     ~~Subdivision 1.  [FUNERAL EXPENSES.]~~ On the death of any 
  7.17  person receiving public assistance through MFIP, the county 
  7.18  agency shall pay an amount for funeral expenses not exceeding 
  7.19  the amount paid for comparable cremation services under section 
  7.20  261.035 ~~plus actual cemetery charges~~.  No funeral expenses shall 
  7.21  be paid if the estate of the deceased is sufficient to pay such 
  7.22  expenses or if the spouse, who was legally responsible for the 
  7.23  support of the deceased while living, is able to pay such 
  7.24  expenses; provided, that the additional payment or donation of 
  7.25  the cost of cemetery lot, interment, religious service, or for 
  7.26  the transportation of the body into or out of the community in 
  7.27  which the deceased resided, shall not limit payment by the 
  7.28  county agency as herein authorized.  ~~Freedom of choice in the~~ 
  7.29  ~~selection of a funeral director shall be granted to persons~~ 
  7.30  ~~lawfully authorized to make arrangements for the burial of any~~ 
  7.31  ~~such deceased recipient.~~  In determining the sufficiency of such 
  7.32  estate, due regard shall be had for the nature and marketability 
  7.33  of the assets of the estate.  The county agency may grant 
  7.34  funeral expenses where the sale would cause undue loss to the 
  7.35  estate.  Any amount paid for funeral expenses shall be a prior 
  7.36  claim against the estate, as provided in section 524.3-805, and 
  8.1   any amount recovered shall be reimbursed to the agency which 
  8.2   paid the expenses.  The commissioner shall specify requirements 
  8.3   for reports, including fiscal reports, according to section 
  8.4   256.01, subdivision 2, paragraph (17).  The state share shall 
  8.5   pay the entire amount of county agency expenditures.  Benefits 
  8.6   shall be issued to recipients by the state or county subject to 
  8.7   provisions of section 256.017. 
  8.8      Sec. 3.  Minnesota Statutes 2002, section 260B.157, 
  8.9   subdivision 1, is amended to read: 
  8.10     Subdivision 1.  [INVESTIGATION.] Upon request of the court 
  8.11  the local social services agency or probation officer shall 
  8.12  investigate the personal and family history and environment of 
  8.13  any minor coming within the jurisdiction of the court under 
  8.14  section 260B.101 and shall report its findings to the court.  
  8.15  The court may order any minor coming within its jurisdiction to 
  8.16  be examined by a duly qualified physician, psychiatrist, or 
  8.17  psychologist appointed by the court.  
  8.18     The court ~~shall~~ may have a chemical use assessment 
  8.19  conducted when a child is (1) found to be delinquent for 
  8.20  violating a provision of chapter 152, or for committing a 
  8.21  felony-level violation of a provision of chapter 609 if the 
  8.22  probation officer determines that alcohol or drug use was a 
  8.23  contributing factor in the commission of the offense, or (2) 
  8.24  alleged to be delinquent for violating a provision of chapter 
  8.25  152, if the child is being held in custody under a detention 
  8.26  order.  The assessor's qualifications and the assessment 
  8.27  criteria shall comply with Minnesota Rules, parts 9530.6600 to 
  8.28  9530.6655.  If funds under chapter 254B are to be used to pay 
  8.29  for the recommended treatment, the assessment and placement must 
  8.30  comply with all provisions of Minnesota Rules, parts 9530.6600 
  8.31  to 9530.6655 and 9530.7000 to 9530.7030.  The commissioner of 
  8.32  human services shall reimburse the court for the cost of the 
  8.33  chemical use assessment, up to a maximum of $100. 
  8.34     With the consent of the commissioner of corrections and 
  8.35  agreement of the county to pay the costs thereof, the court may, 
  8.36  by order, place a minor coming within its jurisdiction in an 
  9.1   institution maintained by the commissioner for the detention, 
  9.2   diagnosis, custody and treatment of persons adjudicated to be 
  9.3   delinquent, in order that the condition of the minor be given 
  9.4   due consideration in the disposition of the case.  Any funds 
  9.5   received under the provisions of this subdivision shall not 
  9.6   cancel until the end of the fiscal year immediately following 
  9.7   the fiscal year in which the funds were received.  The funds are 
  9.8   available for use by the commissioner of corrections during that 
  9.9   period and are hereby appropriated annually to the commissioner 
  9.10  of corrections as reimbursement of the costs of providing these 
  9.11  services to the juvenile courts.  
  9.12     Sec. 4.  Minnesota Statutes 2002, section 260C.007, 
  9.13  subdivision 19, is amended to read: 
  9.14     Subd. 19.  [HABITUAL TRUANT.] "Habitual truant" means a 
  9.15  child under the age of 16 years who is absent from attendance at 
  9.16  school without lawful excuse for seven school days if the child 
  9.17  is in elementary school or for one or more class periods on 
  9.18  seven school days if the child is in middle school, junior high 
  9.19  school, or high school~~, or a child who is 16 or 17 years of age~~ 
  9.20  ~~who is absent from attendance at school without lawful excuse~~ 
  9.21  ~~for one or more class periods on seven school days and who has~~ 
  9.22  ~~not lawfully withdrawn from school under section 120A.22,~~ 
  9.23  ~~subdivision 8~~. 
  9.24     Sec. 5.  [REPEALER.] 
  9.25     Minnesota Statutes 2002, sections 256B.0911, subdivisions 
  9.26  4a, 4b, 4c, and 4d; 256E.09; and 518.167, are repealed. 
  9.27                             ARTICLE 3 
  9.28                               HEALTH 
  9.29     Section 1.  Minnesota Statutes 2002, section 144E.11, 
  9.30  subdivision 6, is amended to read: 
  9.31     Subd. 6.  [REVIEW CRITERIA.] When reviewing an application 
  9.32  for licensure, the board and administrative law judge shall 
  9.33  consider the following factors: 
  9.34     (1) ~~the relationship of the proposed service or expansion~~ 
  9.35  ~~in primary service area to the current community health plan as~~ 
  9.36  ~~approved by the commissioner of health under section 145A.12,~~ 
 10.1   ~~subdivision 4;~~ 
 10.2      ~~(2)~~ the recommendations or comments of the governing bodies 
 10.3   of the counties, municipalities, community health boards as 
 10.4   defined under section 145A.09, subdivision 2, and regional 
 10.5   emergency medical services system designated under section 
 10.6   144E.50 in which the service would be provided; 
 10.7      ~~(3)~~ (2) the deleterious effects on the public health from 
 10.8   duplication, if any, of ambulance services that would result 
 10.9   from granting the license; 
 10.10     ~~(4)~~ (3) the estimated effect of the proposed service or 
 10.11  expansion in primary service area on the public health; and 
 10.12     ~~(5)~~ (4) whether any benefit accruing to the public health 
 10.13  would outweigh the costs associated with the proposed service or 
 10.14  expansion in primary service area.  The administrative law judge 
 10.15  shall recommend that the board either grant or deny a license or 
 10.16  recommend that a modified license be granted.  The reasons for 
 10.17  the recommendation shall be set forth in detail.  The 
 10.18  administrative law judge shall make the recommendations and 
 10.19  reasons available to any individual requesting them.  
 10.20     Sec. 2.  Minnesota Statutes 2002, section 145.88, is 
 10.21  amended to read: 
 10.22     145.88 [PURPOSE.] 
 10.23     ~~The legislature finds that it is in the public interest to~~ 
 10.24  ~~assure:~~  
 10.25     ~~(a) statewide planning and coordination of maternal and~~ 
 10.26  ~~child health services through the acquisition and analysis of~~ 
 10.27  ~~population-based health data, provision of technical support and~~ 
 10.28  ~~training, and coordination of the various public and private~~ 
 10.29  ~~maternal and child health efforts; and~~ 
 10.30     ~~(b) support for targeted maternal and child health services~~ 
 10.31  ~~in communities with significant populations of high risk, low~~ 
 10.32  ~~income families through a grants process.~~  
 10.33     Federal money received by the Minnesota department of 
 10.34  health, pursuant to United States Code, title 42, sections 701 
 10.35  to 709, shall be expended to:  
 10.36     (1) assure access to quality maternal and child health 
 11.1   services for mothers and children, especially those of low 
 11.2   income and with limited availability to health services and 
 11.3   those children at risk of physical, neurological, emotional, and 
 11.4   developmental problems arising from chemical abuse by a mother 
 11.5   during pregnancy; 
 11.6      (2) reduce infant mortality and the incidence of 
 11.7   preventable diseases and handicapping conditions among children; 
 11.8      (3) reduce the need for inpatient and long-term care 
 11.9   services and to otherwise promote the health of mothers and 
 11.10  children, especially by providing preventive and primary care 
 11.11  services for low-income mothers and children and prenatal, 
 11.12  delivery and postpartum care for low-income mothers; 
 11.13     (4) provide rehabilitative services for blind and disabled 
 11.14  children under age 16 receiving benefits under title XVI of the 
 11.15  Social Security Act; and 
 11.16     (5) provide and locate medical, surgical, corrective and 
 11.17  other service for children who are crippled or who are suffering 
 11.18  from conditions that lead to crippling.  
 11.19     Sec. 3.  Minnesota Statutes 2002, section 145.881, 
 11.20  subdivision 2, is amended to read: 
 11.21     Subd. 2.  [DUTIES.] The advisory task force shall meet on a 
 11.22  regular basis to perform the following duties:  
 11.23     (a) review and report on the health care needs of mothers 
 11.24  and children throughout the state of Minnesota; 
 11.25     (b) review and report on the type, frequency and impact of 
 11.26  maternal and child health care services provided to mothers and 
 11.27  children under existing maternal and child health care programs, 
 11.28  including programs administered by the commissioner of health; 
 11.29     (c) establish, review, and report to the commissioner a 
 11.30  list of program guidelines and criteria which the advisory task 
 11.31  force considers essential to providing an effective maternal and 
 11.32  child health care program to low income populations and high 
 11.33  risk persons and fulfilling the purposes defined in section 
 11.34  145.88; 
 11.35     (d) ~~review staff recommendations of the department of~~ 
 11.36  ~~health regarding maternal and child health grant awards before~~ 
 12.1   ~~the awards are made;~~ 
 12.2      ~~(e)~~ make recommendations to the commissioner for the use of 
 12.3   other federal and state funds available to meet maternal and 
 12.4   child health needs; 
 12.5      ~~(f)~~ (e) make recommendations to the commissioner of health 
 12.6   on priorities for funding the following maternal and child 
 12.7   health services:  (1) prenatal, delivery and postpartum care, (2)
 12.8   comprehensive health care for children, especially from birth 
 12.9   through five years of age, (3) adolescent health services, (4) 
 12.10  family planning services, (5) preventive dental care, (6) 
 12.11  special services for chronically ill and handicapped children 
 12.12  and (7) any other services which promote the health of mothers 
 12.13  and children; and 
 12.14     ~~(g) make recommendations to the commissioner of health on~~ 
 12.15  ~~the process to distribute, award and administer the maternal and~~ 
 12.16  ~~child health block grant funds; and~~ 
 12.17     ~~(h) review the measures that are used to define the~~ 
 12.18  ~~variables of the funding distribution formula in section~~ 
 12.19  ~~145.882, subdivision 4, every two years and make recommendations~~ 
 12.20  ~~to the commissioner of health for changes based upon principles~~ 
 12.21  ~~established by the advisory task force for this purpose.~~  
 12.22     (f) establish, in consultation with the commissioner and 
 12.23  the state community health advisory committee established under 
 12.24  section 145A.10, subdivision 10, paragraph (a), statewide 
 12.25  outcomes that will improve the health status of mothers and 
 12.26  children as required in section 145A.12, subdivision 7. 
 12.27     Sec. 4.  Minnesota Statutes 2002, section 145.882, 
 12.28  subdivision 1, is amended to read: 
 12.29     Subdivision 1.  [FUNDING ~~LEVELS AND ADVISORY TASK FORCE~~ 
 12.30  ~~REVIEW~~.] Any decrease in the amount of federal funding to the 
 12.31  state for the maternal and child health block grant must be 
 12.32  apportioned to reflect a proportional decrease for each 
 12.33  recipient.  Any increase in the amount of federal funding to the 
 12.34  state must be distributed under subdivisions 2~~,~~ and 3~~, and 4~~. 
 12.35     ~~The advisory task force shall review and recommend the~~ 
 12.36  ~~proportion of maternal and child health block grant funds to be~~ 
 13.1   ~~expended for indirect costs, direct services and special~~ 
 13.2   ~~projects.~~  
 13.3      Sec. 5.  Minnesota Statutes 2002, section 145.882, 
 13.4   subdivision 2, is amended to read: 
 13.5      Subd. 2.  [ALLOCATION TO THE COMMISSIONER OF HEALTH.] 
 13.6   Beginning January 1, 1986, up to one-third of the total maternal 
 13.7   and child health block grant money may be retained by the 
 13.8   commissioner of health ~~for administrative and technical~~ 
 13.9   ~~assistance services, projects of regional or statewide~~ 
 13.10  ~~significance, direct services to children with handicaps, and~~ 
 13.11  ~~other activities of the commissioner.~~ to: 
 13.12     (1) meet federal maternal and child block grant 
 13.13  requirements of a statewide needs assessment every five years 
 13.14  and prepare the annual federal block grant application and 
 13.15  report; 
 13.16     (2) collect and disseminate statewide data on the health 
 13.17  status of mothers and children; 
 13.18     (3) provide technical assistance to community health boards 
 13.19  in meeting statewide outcomes under section 145A.12, subdivision 
 13.20  7; 
 13.21     (4) evaluate the impact of maternal and child health 
 13.22  activities on the health status of mothers and children; 
 13.23     (5) provide services to children under age 16 receiving 
 13.24  benefits under title XVI of the Social Security Act; and 
 13.25     (6) perform other maternal and child health activities 
 13.26  listed in section 145.88 and as deemed necessary by the 
 13.27  commissioner. 
 13.28     Sec. 6.  Minnesota Statutes 2002, section 145.882, 
 13.29  subdivision 3, is amended to read: 
 13.30     Subd. 3.  [ALLOCATION TO COMMUNITY HEALTH ~~SERVICES~~ 
 13.31  ~~AREAS~~ BOARDS.] ~~(a)~~ The maternal and child health block grant 
 13.32  money remaining after distributions made under subdivision 2 
 13.33  must be allocated according to the formula in ~~subdivision 4 to~~ 
 13.34  ~~community health services areas~~ section 145A.131, subdivision 2, 
 13.35  for distribution ~~by~~ to community health boards. ~~as defined in~~ 
 13.36  ~~section 145A.02, subdivision 5, to qualified programs that~~ 
 14.1   ~~provide essential services within the community health services~~ 
 14.2   ~~area as long as:~~  
 14.3      ~~(1) the Minneapolis community health service area is~~ 
 14.4   ~~allocated at least $1,626,215 per year;~~ 
 14.5      ~~(2) the St. Paul community health service area is allocated~~ 
 14.6   ~~at least $822,931 per year; and~~ 
 14.7      ~~(3) all other community health service areas are allocated~~ 
 14.8   ~~at least $30,000 per county per year or their 1988-1989 funding~~ 
 14.9   ~~cycle award, whichever is less.~~ 
 14.10     ~~(b) Notwithstanding paragraph (a), if the total amount of~~ 
 14.11  ~~maternal and child health block grant funding decreases, the~~ 
 14.12  ~~decrease must be apportioned to reflect a proportional decrease~~ 
 14.13  ~~for each recipient, including recipients who would otherwise~~ 
 14.14  ~~receive a guaranteed minimum allocation under paragraph (a).~~ 
 14.15     Sec. 7.  Minnesota Statutes 2002, section 145.882, is 
 14.16  amended by adding a subdivision to read:  
 14.17     Subd. 5a.  [NONPARTICIPATING COMMUNITY HEALTH BOARDS.] If a 
 14.18  community health board decides not to participate in maternal 
 14.19  and child health block grant activities under subdivision 3 or 
 14.20  the commissioner determines under section 145A.131, subdivision 
 14.21  7, not to fund the community health board, the commissioner is 
 14.22  responsible for directing maternal and child health block grant 
 14.23  activities in that community health board's geographic area.  
 14.24  The commissioner may elect to directly provide public health 
 14.25  activities to meet the statewide outcomes or to contract with 
 14.26  other governmental units or nonprofit organizations. 
 14.27     Sec. 8.  Minnesota Statutes 2002, section 145.882, 
 14.28  subdivision 7, is amended to read: 
 14.29     Subd. 7.  [USE OF BLOCK GRANT MONEY.] ~~(a)~~ Maternal and 
 14.30  child health block grant money allocated to a community health 
 14.31  board ~~or community health services area~~ under this section must 
 14.32  be used for qualified programs for high risk and low-income 
 14.33  individuals.  Block grant money must be used for programs that: 
 14.34     (1) specifically address the highest risk populations, 
 14.35  particularly low-income and minority groups with a high rate of 
 14.36  infant mortality and children with low birth weight, by 
 15.1   providing services, including prepregnancy family planning 
 15.2   services, calculated to produce measurable decreases in infant 
 15.3   mortality rates, instances of children with low birth weight, 
 15.4   and medical complications associated with pregnancy and 
 15.5   childbirth, including infant mortality, low birth rates, and 
 15.6   medical complications arising from chemical abuse by a mother 
 15.7   during pregnancy; 
 15.8      (2) specifically target pregnant women whose age, medical 
 15.9   condition, maternal history, or chemical abuse substantially 
 15.10  increases the likelihood of complications associated with 
 15.11  pregnancy and childbirth or the birth of a child with an 
 15.12  illness, disability, or special medical needs; 
 15.13     (3) specifically address the health needs of young children 
 15.14  who have or are likely to have a chronic disease or disability 
 15.15  or special medical needs, including physical, neurological, 
 15.16  emotional, and developmental problems that arise from chemical 
 15.17  abuse by a mother during pregnancy; 
 15.18     (4) provide family planning and preventive medical care for 
 15.19  specifically identified target populations, such as minority and 
 15.20  low-income teenagers, in a manner calculated to decrease the 
 15.21  occurrence of inappropriate pregnancy and minimize the risk of 
 15.22  complications associated with pregnancy and childbirth; ~~or~~ 
 15.23     (5) specifically address the frequency and severity of 
 15.24  childhood and adolescent health issues, including injuries in 
 15.25  high risk target populations by providing services calculated to 
 15.26  produce measurable decreases in mortality and morbidity~~.~~; 
 15.27  ~~However, money may be used for this purpose only if the~~ 
 15.28  ~~community health board's application includes program components~~ 
 15.29  ~~for the purposes in clauses (1) to (4) in the proposed~~ 
 15.30  ~~geographic service area and the total expenditure for~~ 
 15.31  ~~injury-related programs under this clause does not exceed ten~~ 
 15.32  ~~percent of the total allocation under subdivision 3.~~ 
 15.33     ~~(b) Maternal and child health block grant money may be used~~ 
 15.34  ~~for purposes other than the purposes listed in this subdivision~~ 
 15.35  ~~only under the following conditions:~~  
 15.36     ~~(1) the community health board or community health services~~ 
 16.1   ~~area can demonstrate that existing programs fully address the~~ 
 16.2   ~~needs of the highest risk target populations described in this~~ 
 16.3   ~~subdivision; or~~ 
 16.4      ~~(2) the money is used to continue projects that received~~ 
 16.5   ~~funding before creation of the maternal and child health block~~ 
 16.6   ~~grant in 1981.~~ 
 16.7      ~~(c) Projects that received funding before creation of the~~ 
 16.8   ~~maternal and child health block grant in 1981, must be allocated~~ 
 16.9   ~~at least the amount of maternal and child health special project~~ 
 16.10  ~~grant funds received in 1989, unless (1) the local board of~~ 
 16.11  ~~health provides equivalent alternative funding for the project~~ 
 16.12  ~~from another source; or (2) the local board of health~~ 
 16.13  ~~demonstrates that the need for the specific services provided by~~ 
 16.14  ~~the project has significantly decreased as a result of changes~~ 
 16.15  ~~in the demographic characteristics of the population, or other~~ 
 16.16  ~~factors that have a major impact on the demand for services.  If~~ 
 16.17  ~~the amount of federal funding to the state for the maternal and~~ 
 16.18  ~~child health block grant is decreased, these projects must~~ 
 16.19  ~~receive a proportional decrease as required in subdivision 1.~~  
 16.20  ~~Increases in allocation amounts to local boards of health under~~ 
 16.21  ~~subdivision 4 may be used to increase funding levels for these~~ 
 16.22  ~~projects.~~ 
 16.23     (6) specifically address preventing child abuse and 
 16.24  neglect, reducing juvenile delinquency, promoting positive 
 16.25  parenting and resiliency in children, and promoting family 
 16.26  health and economic sufficiency through public health nurse home 
 16.27  visits under section 145A.17; or 
 16.28     (7) specifically address nutritional issues of women, 
 16.29  infants, and young children through WIC clinic services. 
 16.30     Sec. 9.  [145.8821] [ACCOUNTABILITY.] 
 16.31     (a) Coordinating with the statewide outcomes established 
 16.32  under section 145A.12, subdivision 7, and with accountability 
 16.33  measures outlined in section 145A.131, subdivision 7, each 
 16.34  community health board that receives money under section 
 16.35  145.882, subdivision 3, shall select by December 31, 2005, and 
 16.36  every five years thereafter, up to two statewide maternal and 
 17.1   child health outcomes. 
 17.2      (b) For the period January 1, 2004, to December 31, 2005, 
 17.3   each community health board must work to achieve the Healthy 
 17.4   People 2010 goal to reduce the state's percentage of low birth 
 17.5   weight infants to no more than five percent of all births. 
 17.6      (c) The commissioner shall monitor and evaluate whether 
 17.7   each community health board has made sufficient progress toward 
 17.8   the statewide outcomes established in paragraph (b) and under 
 17.9   section 145A.12, subdivision 7. 
 17.10     (d) Community health boards shall provide the commissioner 
 17.11  with annual information necessary to evaluate progress toward 
 17.12  statewide outcomes and to meet federal reporting requirements. 
 17.13     Sec. 10.  Minnesota Statutes 2002, section 145.883, 
 17.14  subdivision 1, is amended to read: 
 17.15     Subdivision 1.  [SCOPE.] For purposes of sections 145.881 
 17.16  to ~~145.888~~ 145.883, the terms defined in this section shall have 
 17.17  the meanings given them.  
 17.18     Sec. 11.  Minnesota Statutes 2002, section 145.883, 
 17.19  subdivision 9, is amended to read: 
 17.20     Subd. 9.  [COMMUNITY HEALTH ~~SERVICES AREA~~ BOARD.] 
 17.21  "Community health ~~services area~~ board" means ~~a city, county, or~~ 
 17.22  ~~multicounty area that is organized as a community health board~~ 
 17.23  ~~under section 145A.09 and for which a state subsidy is received~~ 
 17.24  ~~under sections 145A.09 to 145A.13~~ a board of health established, 
 17.25  operating, and eligible for a local public health grant under 
 17.26  sections 145A.09 to 145A.131. 
 17.27     Sec. 12.  Minnesota Statutes 2002, section 145A.02, 
 17.28  subdivision 5, is amended to read: 
 17.29     Subd. 5.  [COMMUNITY HEALTH BOARD.] "Community health 
 17.30  board" means a board of health established, operating, and 
 17.31  eligible for a ~~subsidy~~ local public health grant under sections 
 17.32  145A.09 to ~~145A.13~~ 145A.131. 
 17.33     Sec. 13.  Minnesota Statutes 2002, section 145A.02, 
 17.34  subdivision 6, is amended to read: 
 17.35     Subd. 6.  [COMMUNITY HEALTH SERVICES.] "Community health 
 17.36  services" means activities designed to protect and promote the 
 18.1   health of the general population within a community health 
 18.2   service area by emphasizing the prevention of disease, injury, 
 18.3   disability, and preventable death through the promotion of 
 18.4   effective coordination and use of community resources, and by 
 18.5   extending health services into the community.  ~~Program~~ 
 18.6   ~~categories of community health services include disease~~ 
 18.7   ~~prevention and control, emergency medical care, environmental~~ 
 18.8   ~~health, family health, health promotion, and home health care.~~ 
 18.9      Sec. 14.  Minnesota Statutes 2002, section 145A.02, 
 18.10  subdivision 7, is amended to read: 
 18.11     Subd. 7.  [COMMUNITY HEALTH SERVICE AREA.] "Community 
 18.12  health service area" means a city, county, or multicounty area 
 18.13  that is organized as a community health board under section 
 18.14  145A.09 and for which a ~~subsidy~~ local public health grant is 
 18.15  received under sections 145A.09 to ~~145A.13~~ 145A.131. 
 18.16     Sec. 15.  Minnesota Statutes 2002, section 145A.06, 
 18.17  subdivision 1, is amended to read: 
 18.18     Subdivision 1.  [GENERALLY.] In addition to other powers 
 18.19  and duties provided by law, the commissioner has the powers 
 18.20  listed in subdivisions 2 to ~~4~~ 5. 
 18.21     Sec. 16.  Minnesota Statutes 2002, section 145A.09, 
 18.22  subdivision 2, is amended to read: 
 18.23     Subd. 2.  [COMMUNITY HEALTH BOARD; ELIGIBILITY.] A board of 
 18.24  health that meets the requirements of sections 145A.09 
 18.25  to ~~145A.13~~ 145A.131 is a community health board and is eligible 
 18.26  for a ~~community health subsidy~~ local public health grant under 
 18.27  section ~~145A.13~~ 145A.131. 
 18.28     Sec. 17.  Minnesota Statutes 2002, section 145A.09, 
 18.29  subdivision 4, is amended to read: 
 18.30     Subd. 4.  [CITIES.] A city that received a subsidy under 
 18.31  section 145A.13 and that meets the requirements of sections 
 18.32  145A.09 to ~~145A.13~~ 145A.131 is eligible for a ~~community health~~ 
 18.33  ~~subsidy~~ local public health grant under section 
 18.34  ~~145A.13~~ 145A.131. 
 18.35     Sec. 18.  Minnesota Statutes 2002, section 145A.09, 
 18.36  subdivision 7, is amended to read: 
 19.1      Subd. 7.  [WITHDRAWAL.] (a) A county or city that has 
 19.2   established or joined a community health board may withdraw from 
 19.3   the ~~subsidy~~ local public health grant program authorized by 
 19.4   sections 145A.09 to ~~145A.13~~ 145A.131 by resolution of its 
 19.5   governing body in accordance with section 145A.03, subdivision 
 19.6   3, and this subdivision. 
 19.7      (b) A county or city may not withdraw from a joint powers 
 19.8   community health board during the first two calendar years 
 19.9   following that county's or city's initial adoption of the joint 
 19.10  powers agreement.  
 19.11     (c) The withdrawal of a county or city from a community 
 19.12  health board does not affect the eligibility for the ~~community~~ 
 19.13  ~~health subsidy~~ local public health grant of any remaining county 
 19.14  or city for one calendar year following the effective date of 
 19.15  withdrawal. 
 19.16     (d) ~~The amount of additional annual payment for calendar~~ 
 19.17  ~~year 1985 made pursuant to Minnesota Statutes 1984, section~~ 
 19.18  ~~145.921, subdivision 4, must be subtracted from the subsidy for~~ 
 19.19  ~~a county that, due to withdrawal from a community health board,~~ 
 19.20  ~~ceases to meet the terms and conditions under which that~~ 
 19.21  ~~additional annual payment was made~~ The local public health grant 
 19.22  for a county that chooses to withdraw from a multicounty 
 19.23  community health board shall be reduced by the amount of the 
 19.24  local partnership incentive under section 145A.131, subdivision 
 19.25  2, paragraph (c). 
 19.26     Sec. 19.  Minnesota Statutes 2002, section 145A.10, 
 19.27  subdivision 2, is amended to read: 
 19.28     Subd. 2.  [PREEMPTION.] (a) Not later than 365 days after 
 19.29  the ~~approval of a community health plan by the~~ 
 19.30  ~~commissioner~~ formation of a community health board, any other 
 19.31  board of health within the community health service area for 
 19.32  which the plan has been prepared must cease operation, except as 
 19.33  authorized in a joint powers agreement under section 145A.03, 
 19.34  subdivision 2, or delegation agreement under section 145A.07, 
 19.35  subdivision 2, or as otherwise allowed by this subdivision. 
 19.36     (b) This subdivision does not preempt or otherwise change 
 20.1   the powers and duties of any city or county eligible for ~~subsidy~~ 
 20.2   a local public health grant under section 145A.09. 
 20.3      (c) This subdivision does not preempt the authority to 
 20.4   operate a community health services program of any city of the 
 20.5   first or second class operating an existing program of community 
 20.6   health services located within a county with a population of 
 20.7   300,000 or more persons until the city council takes action to 
 20.8   allow the county to preempt the city's powers and duties. 
 20.9      Sec. 20.  Minnesota Statutes 2002, section 145A.10, 
 20.10  subdivision 5, is amended to read: 
 20.11     Subd. 5.  [COMMUNITY HEALTH PLAN.] The community health 
 20.12  board must prepare and submit to the commissioner a written plan 
 20.13  at times prescribed by the commissioner under section 145A.12, 
 20.14  subdivision 3, but no more often than every ~~two~~ five years.  The 
 20.15  community health plan must provide for the assessment of 
 20.16  community health status and the integration, development, and 
 20.17  provision of community health services that meet the priority 
 20.18  needs of the community health service area.  The plan must be 
 20.19  consistent with the standards and procedures established under 
 20.20  section 145A.12, subdivision 3, and must at least include 
 20.21  documentation of the following: 
 20.22     (1) a review and assessment of the implementation of the 
 20.23  preceding community health plan; 
 20.24     (2) the process used to assess community health status and 
 20.25  encourage full community participation in the development of the 
 20.26  proposed community health plan; 
 20.27     (3) an identification of personal health services, 
 20.28  institutional health services, health-related environmental 
 20.29  programs and services, and related human services in the 
 20.30  community; 
 20.31     (4) an assessment of community health status, a statement 
 20.32  of goals and objectives according to priority, and the reasons 
 20.33  for the priority order; 
 20.34     (5) a description of and rationale for the method the 
 20.35  community health board plans to use to address each identified 
 20.36  community health goal and objective and how each program 
 21.1   category defined in section 145A.02 and any agreements entered 
 21.2   into under section 145A.07 will be implemented to achieve these 
 21.3   goals and objectives; 
 21.4      (6) a description of the ways in which planned community 
 21.5   health services defined in section 145A.02 will be coordinated 
 21.6   with services and resources identified in clause (2); 
 21.7      (7) the projected annual budgets for expenditure of the 
 21.8   subsidy and local match provided for in section 145A.13 and for 
 21.9   other sources of funding for the program categories defined in 
 21.10  section 145A.02 including a description of the ways this funding 
 21.11  is coordinated with funding from other local, state, and federal 
 21.12  sources; and 
 21.13     (8) assurances that community health services will comply 
 21.14  with applicable state and federal laws. 
 21.15     Sec. 21.  Minnesota Statutes 2002, section 145A.10, is 
 21.16  amended by adding a subdivision to read: 
 21.17     Subd. 5a.  [DUTIES.] (a) Consistent with the guidelines and 
 21.18  standards established under section 145A.12, and in consultation 
 21.19  with the community health advisory committee established under 
 21.20  subdivision 10, paragraph (b), the community health board shall: 
 21.21     (1) establish local public health priorities based on an 
 21.22  assessment of community health needs and assets; and 
 21.23     (2) determine the mechanisms by which the community health 
 21.24  board will address the local public health priorities 
 21.25  established under clause (1) and achieve the statewide outcomes 
 21.26  established under sections 145.8821 and 145A.12, subdivision 7, 
 21.27  including leveraging local and regional partnerships and 
 21.28  contracting with community-based organizations, private sector 
 21.29  organizations, or other units of government, including tribal 
 21.30  governments.  In determining the mechanisms to address local 
 21.31  public health priorities and achieve statewide outcomes, the 
 21.32  community health board shall consider the recommendations of the 
 21.33  community health advisory committee and the following essential 
 21.34  public health services: 
 21.35     (i) monitor health status to identify community health 
 21.36  problems; 
 22.1      (ii) diagnose and investigate problems and health hazards 
 22.2   in the community; 
 22.3      (iii) inform, educate, and empower people about health 
 22.4   issues; 
 22.5      (iv) mobilize community partnerships to identify and solve 
 22.6   health problems; 
 22.7      (v) develop policies and plans that support individual and 
 22.8   community health efforts; 
 22.9      (vi) enforce laws and regulations that protect health and 
 22.10  ensure safety; 
 22.11     (vii) link people to needed personal health care services; 
 22.12     (viii) ensure a competent public health and personal health 
 22.13  care workforce; 
 22.14     (ix) evaluate effectiveness, accessibility, and quality of 
 22.15  personal and population-based health services; and 
 22.16     (x) research for new insights and innovative solutions to 
 22.17  health problems. 
 22.18     (b) By February 1, 2005, and every five years thereafter, 
 22.19  each community health board that receives a local public health 
 22.20  grant under section 145A.131 shall notify the commissioner in 
 22.21  writing of the statewide outcomes established under sections 
 22.22  145.8821 and 145A.12, subdivision 7, that the board will address 
 22.23  and the local priorities established under paragraph (a) that 
 22.24  the board will address.  At that time, each community health 
 22.25  board must submit a report to the commissioner documenting 
 22.26  progress towards the achievement of statewide outcomes 
 22.27  established under sections 145.8821 and 145A.12, subdivision 7, 
 22.28  and the local public health priorities established under 
 22.29  paragraph (a), using reporting standards and procedures 
 22.30  established by the commissioner and in compliance with all 
 22.31  applicable federal requirements.  If a community health board 
 22.32  has identified additional local priorities for use of the local 
 22.33  public health grant since the last notification of outcomes and 
 22.34  priorities under this paragraph, the community health board 
 22.35  shall notify the commissioner of the additional local public 
 22.36  health priorities in the report. 
 23.1      Sec. 22.  Minnesota Statutes 2002, section 145A.10, 
 23.2   subdivision 10, is amended to read: 
 23.3      Subd. 10.  [STATE AND LOCAL ADVISORY COMMITTEES.] (a) A 
 23.4   state community health advisory committee is established to 
 23.5   advise, consult with, and make recommendations to the 
 23.6   commissioner on the development, maintenance, funding, and 
 23.7   evaluation of community health services.  Each community health 
 23.8   board may appoint a member to serve on the committee.  The 
 23.9   committee must meet at least quarterly, and special meetings may 
 23.10  be called by the committee chair or a majority of the members.  
 23.11  Members or their alternates may ~~receive a per diem and must~~ be 
 23.12  reimbursed for travel and other necessary expenses while engaged 
 23.13  in their official duties.  
 23.14     (b) The city councils or county boards that have 
 23.15  established or are members of a community health board must 
 23.16  appoint a community health advisory committee to advise, consult 
 23.17  with, and make recommendations to the community health board on 
 23.18  ~~matters relating to the development, maintenance, funding, and~~ 
 23.19  ~~evaluation of community health services.  The committee must~~ 
 23.20  ~~consist of at least five members and must be generally~~ 
 23.21  ~~representative of the population and health care providers of~~ 
 23.22  ~~the community health service area.  The committee must meet at~~ 
 23.23  ~~least three times a year and at the call of the chair or a~~ 
 23.24  ~~majority of the members.  Members may receive a per diem and~~ 
 23.25  ~~reimbursement for travel and other necessary expenses while~~ 
 23.26  ~~engaged in their official duties.~~ 
 23.27     ~~(c) State and local advisory committees must adopt bylaws~~ 
 23.28  ~~or operating procedures that specify the length of terms of~~ 
 23.29  ~~membership, procedures for assuring that no more than half of~~ 
 23.30  ~~these terms expire during the same year, and other matters~~ 
 23.31  ~~relating to the conduct of committee business.  Bylaws or~~ 
 23.32  ~~operating procedures may allow one alternate to be appointed for~~ 
 23.33  ~~each member of a state or local advisory committee.  Alternates~~ 
 23.34  ~~may be given full or partial powers and duties of members~~ the 
 23.35  duties under subdivision 5a.  The committee must be broadly 
 23.36  representative, including health care, nonprofit, private 
 24.1   sector, and consumer members, and must reflect the racial and 
 24.2   ethnic populations within the geographic area served by the 
 24.3   community health board.  The community health advisory committee 
 24.4   shall recommend to the community health board mechanisms by 
 24.5   which community resources can most effectively be used to 
 24.6   achieve local public health priorities and statewide outcomes 
 24.7   with local public health grant funds, including leveraging local 
 24.8   and regional partnerships and contracting with community-based 
 24.9   organizations, private sector organizations, or other units of 
 24.10  government, including tribal governments.  
 24.11     Sec. 23.  Minnesota Statutes 2002, section 145A.11, 
 24.12  subdivision 2, is amended to read: 
 24.13     Subd. 2.  [CONSIDERATION OF ~~COMMUNITY HEALTH PLAN~~ LOCAL 
 24.14  PUBLIC HEALTH PRIORITIES AND STATEWIDE OUTCOMES IN TAX LEVY.] In 
 24.15  levying taxes authorized under section 145A.08, subdivision 3, a 
 24.16  city council or county board that has formed or is a member of a 
 24.17  community health board must consider the income and expenditures 
 24.18  required to meet ~~the objectives of the community health plan for~~ 
 24.19  ~~its area~~ local public health priorities established under 
 24.20  section 145A.10, subdivision 5a, and statewide outcomes 
 24.21  established under section 145A.12, subdivision 7. 
 24.22     Sec. 24.  Minnesota Statutes 2002, section 145A.11, 
 24.23  subdivision 4, is amended to read: 
 24.24     Subd. 4.  [ORDINANCES RELATING TO COMMUNITY HEALTH 
 24.25  SERVICES.] A city council or county board that has established 
 24.26  or is a member of a community health board may by ordinance 
 24.27  adopt and enforce minimum standards for services provided 
 24.28  according to sections 145A.02 and 145A.10~~, subdivision 5~~.  An 
 24.29  ordinance must not conflict with state law or with more 
 24.30  stringent standards established either by rule of an agency of 
 24.31  state government or by the provisions of the charter or 
 24.32  ordinances of any city organized under section 145A.09, 
 24.33  subdivision 4. 
 24.34     Sec. 25.  Minnesota Statutes 2002, section 145A.12, 
 24.35  subdivision 1, is amended to read: 
 24.36     Subdivision 1.  [ADMINISTRATIVE AND PROGRAM SUPPORT.] The 
 25.1   commissioner must assist community health boards in the 
 25.2   development, administration, and implementation of community 
 25.3   health services.  This assistance may consist of but is not 
 25.4   limited to: 
 25.5      (1) informational resources, consultation, and training to 
 25.6   help community health boards plan, develop, integrate, provide 
 25.7   and evaluate community health services; and 
 25.8      (2) administrative and program guidelines and standards, 
 25.9   developed with the advice of the state community health advisory 
 25.10  committee.  ~~Adoption of these guidelines by a community health~~ 
 25.11  ~~board is not a prerequisite for plan approval as prescribed in~~ 
 25.12  ~~subdivision 4.~~ 
 25.13     Sec. 26.  Minnesota Statutes 2002, section 145A.12, 
 25.14  subdivision 2, is amended to read: 
 25.15     Subd. 2.  [PERSONNEL STANDARDS.] In accordance with chapter 
 25.16  14, and in consultation with the state community health advisory 
 25.17  committee, the commissioner may adopt rules to set standards for 
 25.18  administrative and program personnel to ensure competence in 
 25.19  administration and planning ~~and in each program area defined in~~ 
 25.20  ~~section 145A.02~~. 
 25.21     Sec. 27.  Minnesota Statutes 2002, section 145A.12, is 
 25.22  amended by adding a subdivision to read:  
 25.23     Subd. 7.  [STATEWIDE OUTCOMES.] (a) The commissioner, in 
 25.24  consultation with the state community health advisory committee 
 25.25  established under section 145A.10, subdivision 10, paragraph 
 25.26  (a), shall establish statewide outcomes for local public health 
 25.27  grant funds allocated to community health boards between January 
 25.28  1, 2004, and December 31, 2005. 
 25.29     (b) At least one statewide outcome must be established in 
 25.30  each of the following public health areas: 
 25.31     (1) preventing diseases; 
 25.32     (2) protecting against environmental hazards; 
 25.33     (3) preventing injuries; 
 25.34     (4) promoting healthy behavior; 
 25.35     (5) responding to disasters; and 
 25.36     (6) ensuring access to health services. 
 26.1      (c) The commissioner shall use Minnesota's public health 
 26.2   goals established under section 62J.212 and the essential public 
 26.3   health services under section 145A.10, subdivision 5a, as a 
 26.4   basis for the development of statewide outcomes. 
 26.5      (d) The statewide maternal and child health outcomes 
 26.6   established under section 145.8821 shall be included as 
 26.7   statewide outcomes under this section. 
 26.8      (e) By December 31, 2005, and every five years thereafter, 
 26.9   the commissioner, in consultation with the state community 
 26.10  health advisory committee established under section 145A.10, 
 26.11  subdivision 10, paragraph (a), and the maternal and child health 
 26.12  advisory task force established under section 145.881, shall 
 26.13  develop statewide outcomes for the local public health grant 
 26.14  established under section 145A.131, based on state and local 
 26.15  assessment data regarding the health of Minnesota residents, the 
 26.16  essential public health services under section 145A.10, and 
 26.17  current Minnesota public health goals established under section 
 26.18  62J.212. 
 26.19     Sec. 28.  Minnesota Statutes 2002, section 145A.13, is 
 26.20  amended by adding a subdivision to read: 
 26.21     Subd. 4.  [EXPIRATION.] This section expires January 1, 
 26.22  2004. 
 26.23     Sec. 29.  [145A.131] [LOCAL PUBLIC HEALTH GRANT.] 
 26.24     Subdivision 1.  [TRIBAL GOVERNMENTS.] (a) Of the funding 
 26.25  available for local public health grants, $2,000,000 per year is 
 26.26  available to tribal governments for: 
 26.27     (1) maternal and child health activities under section 
 26.28  145.882, subdivision 7; 
 26.29     (2) activities to reduce health disparities under section 
 26.30  145.928, subdivision 10; and 
 26.31     (3) emergency preparedness. 
 26.32     (b) The commissioner, in consultation with tribal 
 26.33  governments, shall establish a formula for distributing the 
 26.34  funds and developing the outcomes to be measured.  Any decrease 
 26.35  or increase in the amount of funding available under the local 
 26.36  public health grant must be apportioned to reflect a 
 27.1   proportional change to both tribal governments and to community 
 27.2   health boards. 
 27.3      Subd. 2.  [FUNDING FORMULA FOR COMMUNITY HEALTH 
 27.4   BOARDS.] (a) A local public health grant shall be distributed to 
 27.5   community health boards organized and operating under section 
 27.6   145A.09 to 145A.131 to achieve locally identified priorities 
 27.7   under section 145A.10, subdivision 5a, and statewide outcomes 
 27.8   under section 145A.12, subdivision 7. 
 27.9      (b) A community health board eligible for a local public 
 27.10  health grant under section 145A.09, subdivision 2, shall receive 
 27.11  no less for any calendar year than 95 percent of the board's 
 27.12  total 2002 community health services subsidy award and 95 
 27.13  percent of the board's total 2002 maternal and child health 
 27.14  special projects grant. 
 27.15     (c) The remaining funds shall be distributed on a per 
 27.16  capita basis using the population figures established according 
 27.17  to section 145A.02, subdivision 16. 
 27.18     Subd. 3.  [LOCAL MATCH.] (a) A community health board that 
 27.19  receives a local public health grant shall provide a 50 percent 
 27.20  match for the local public health grant funds described in 
 27.21  subdivision 2, paragraph (b), subject to paragraphs (b) to (e). 
 27.22     (b) Eligible funds must be used to meet match requirements. 
 27.23  Eligible funds include funds from local property taxes, 
 27.24  reimbursements from third parties, other state funds, and 
 27.25  donations or nonfederal grants that are used for community 
 27.26  health services described in section 145A.02, subdivision 6. 
 27.27     (c) Community health boards must provide documentation that 
 27.28  the 50 percent match for funds received under United States 
 27.29  Code, title 42, sections 701 to 709, is used for maternal and 
 27.30  child health activities as described in section 145.88. 
 27.31     (d) When the amount of local matching funds for a community 
 27.32  health board is less than the amount required under paragraph 
 27.33  (a), the local public health grant provided for that community 
 27.34  health board under this section shall be reduced proportionally. 
 27.35     (e) A city organized under the provision of sections 
 27.36  145A.09 to 145A.131 that levies a tax for provision of community 
 28.1   health services is exempt from any county levy for the same 
 28.2   services to the extent of the levy imposed by the city. 
 28.3      Subd. 4.  [ADDITIONAL FUNDS.] Additional state or federal 
 28.4   funds distributed to community health boards to achieve specific 
 28.5   outcomes shall be distributed as part of the local public health 
 28.6   grant established in subdivision 2.  These funds may be 
 28.7   distributed in proportion to the basic award described in 
 28.8   subdivision 2.  Additional outcomes for these funds, if not 
 28.9   specified by federal or state law, shall be developed by the 
 28.10  commissioner in consultation with the state community health 
 28.11  advisory committee established under section 145A.10, 
 28.12  subdivision 10, and the maternal and child health advisory task 
 28.13  force established under section 145.881. 
 28.14     Subd. 5.  [SPECIAL PROJECT GRANTS.] Notwithstanding other 
 28.15  requirements of this section, the commissioner may choose to 
 28.16  fund noncompetitive special project grants for projects by 
 28.17  select community health boards, according to state or federal 
 28.18  law.  These special project grant funds shall be distributed as 
 28.19  a part of a community health board's local public health grant 
 28.20  established in subdivision 2. 
 28.21     Subd. 6.  [RESPONSIBILITY OF COMMISSIONER TO ENSURE A 
 28.22  STATEWIDE PUBLIC HEALTH SYSTEM.] If a county withdraws from a 
 28.23  community health board and operates as a board of health or if a 
 28.24  community health board elects not to accept the local public 
 28.25  health grant, the commissioner shall retain the amount of 
 28.26  funding that would have been allocated to the community health 
 28.27  board using the formula described in subdivision 2 and assume 
 28.28  responsibility for public health activities to meet the 
 28.29  statewide outcomes in the geographic area served by the board of 
 28.30  health or community health board.  The commissioner may elect to 
 28.31  directly provide public health activities to meet the statewide 
 28.32  outcomes or contract with other units of government or with 
 28.33  community-based organizations.  If a city that is currently a 
 28.34  community health board withdraws from a community health board 
 28.35  or elects not to accept the local public health grant, the local 
 28.36  public health grant funds that would have been allocated to that 
 29.1   city shall be distributed to the county in which the city is 
 29.2   located, if the county is part of a community health board.  
 29.3      Subd. 7.  [ACCOUNTABILITY.] (a) Community health boards 
 29.4   accepting local public health grants must demonstrate progress 
 29.5   towards the statewide outcomes established in section 145A.12, 
 29.6   subdivision 7, to maintain eligibility to receive the local 
 29.7   public health grant. 
 29.8      (b) If the commissioner determines that a community health 
 29.9   board has not by the applicable deadline demonstrated progress 
 29.10  in one or more of the statewide outcomes established under 
 29.11  section 145.8821 or 145A.12, subdivision 7, then the 
 29.12  commissioner may determine not to distribute future funds to the 
 29.13  community health board under subdivision 2.  If the commissioner 
 29.14  determines not to distribute future funds, the commissioner must 
 29.15  give the community health board written notice of this 
 29.16  determination.  In determining whether or not to distribute 
 29.17  future funds to the community health board, the commissioner 
 29.18  shall consider the following factors with respect to the 
 29.19  statewide outcomes for which the community health board did not 
 29.20  demonstrate sufficient progress: 
 29.21     (1) the difficulty of meeting the statewide outcome; 
 29.22     (2) the effort put forth by the community health board to 
 29.23  meet the statewide outcome; 
 29.24     (3) the number of statewide outcomes that the community 
 29.25  health board did not meet; 
 29.26     (4) whether the community health board has previously 
 29.27  failed to meet statewide outcomes under this section; 
 29.28     (5) the amount of funding received by the community health 
 29.29  board to address the statewide outcomes; and 
 29.30     (6) other factors as justice may require, if the 
 29.31  commissioner specifically identifies the additional factors in 
 29.32  the commissioner's written notice of determination. 
 29.33     (c) If a community health board does not demonstrate 
 29.34  progress towards the statewide outcomes, the commissioner may 
 29.35  retain local public health grant funds and assume responsibility 
 29.36  for directly carrying out activities to meet the statewide 
 30.1   outcomes or contract with other units of government or 
 30.2   community-based organizations to assume responsibility for the 
 30.3   statewide outcomes.  If the community health board that does not 
 30.4   demonstrate progress towards the statewide outcomes is a city, 
 30.5   the commissioner shall distribute the local public health grant 
 30.6   funds that would have been allocated to that city to the county 
 30.7   in which the city is located, if the county is part of a 
 30.8   community health board. 
 30.9      (d) The commissioner shall establish a reporting system for 
 30.10  community health boards to report their progress.  The system 
 30.11  shall be developed in consultation with the state community 
 30.12  health advisory committee established under section 145A.10, 
 30.13  subdivision 10, paragraph (a), and the maternal and child health 
 30.14  advisory task force established under section 145.881. 
 30.15     Subd. 8.  [LOCAL PUBLIC HEALTH PRIORITIES.] Community 
 30.16  health boards may use their local public health grant to address 
 30.17  local public health priorities identified under section 145A.10, 
 30.18  subdivision 5a. 
 30.19     Sec. 30.  Minnesota Statutes 2002, section 145A.14, 
 30.20  subdivision 2, is amended to read: 
 30.21     Subd. 2.  [INDIAN HEALTH GRANTS.] (a) The commissioner may 
 30.22  make special grants to ~~community health boards to~~ establish, 
 30.23  operate, or subsidize clinic facilities and services to furnish 
 30.24  health services for American Indians who reside off reservations.
 30.25     (b) ~~To qualify for a grant under this subdivision the~~ 
 30.26  ~~community health plan submitted by the community health board~~ 
 30.27  ~~must contain a proposal for the delivery of the services and~~ 
 30.28  ~~documentation that representatives of the Indian community~~ 
 30.29  ~~affected by the plan were involved in its development.~~ 
 30.30     ~~(c)~~ Applicants must submit for approval a plan and budget 
 30.31  for the use of the funds in the form and detail specified by the 
 30.32  commissioner. 
 30.33     ~~(d)~~ (c) Applicants must keep records, including records of 
 30.34  expenditures to be audited, as the commissioner specifies. 
 30.35     Sec. 31.  [REVISOR'S INSTRUCTION.] 
 30.36     (a) The revisor of statutes shall delete "145A.13" and 
 31.1   insert "145A.131" in Minnesota Statutes, sections 145A.03, 
 31.2   subdivision 1; 145A.04, subdivision 4; 145A.10, subdivision 1; 
 31.3   256E.03, subdivision 2; 383B.221, subdivision 2; and 402.02, 
 31.4   subdivision 2. 
 31.5      (b) For sections in Minnesota Statutes and Minnesota Rules 
 31.6   affected by the repealed sections in this article, the revisor 
 31.7   shall delete internal cross-references where appropriate and 
 31.8   make changes necessary to correct the punctuation, grammar, or 
 31.9   structure of the remaining text and preserve its meaning. 
 31.10     Sec. 32.  [REPEALER.] 
 31.11     (a) Minnesota Statutes 2002, sections 144.401; 144.9507, 
 31.12  subdivision 3; 145.56, subdivision 2; 145.882, subdivisions 4, 
 31.13  5, 6, and 8; 145.883, subdivisions 4 and 7; 145.884; 145.885; 
 31.14  145.886; 145.888; 145.889; 145.890; 145.9266, subdivisions 2, 4, 
 31.15  5, 6, and 7; 145.928, subdivision 9; 145A.02, subdivisions 9, 
 31.16  10, 11, 12, 13, and 14; 145A.10, subdivisions 5, 6, and 8; 
 31.17  145A.11, subdivision 3; 145A.12, subdivisions 3, 4, and 5; 
 31.18  145A.14, subdivisions 3 and 4; and 145A.17, subdivision 2, are 
 31.19  repealed. 
 31.20     (b) Minnesota Rules, parts 4736.0010; 4736.0020; 4736.0030; 
 31.21  4736.0040; 4736.0050; 4736.0060; 4736.0070; 4736.0080; 
 31.22  4736.0090; 4736.0120; and 4736.0130, are repealed effective 
 31.23  January 1, 2004. 
 31.24                             ARTICLE 4 
 31.25                     PUBLIC SAFETY/CORRECTIONS 
 31.26     Section 1.  Minnesota Statutes 2002, section 169A.44, is 
 31.27  amended to read: 
 31.28     169A.44 [CONDITIONAL RELEASE.] 
 31.29     (a) This section applies to a person charged with: 
 31.30     (1) a violation of section 169A.20 (driving while impaired) 
 31.31  within ten years of the first of two or more prior impaired 
 31.32  driving convictions; 
 31.33     (2) a violation of section 169A.20, if the person is under 
 31.34  the age of 19 years and has previously been convicted of 
 31.35  violating section 169A.20 or Minnesota Statutes 1998, section 
 31.36  169.121 (driver under the influence of alcohol or controlled 
 32.1   substance); 
 32.2      (3) a violation of section 169A.20, while the person's 
 32.3   driver's license or driving privileges have been canceled under 
 32.4   section 171.04, subdivision 1, clause (10) (persons not eligible 
 32.5   for drivers' licenses, inimical to public safety); or 
 32.6      (4) a violation of section 169A.20 by a person having an 
 32.7   alcohol concentration of 0.20 or more as measured at the time, 
 32.8   or within two hours of the time, of the offense. 
 32.9      (b) Unless maximum bail is imposed under section 629.471, a 
 32.10  person described in paragraph (a) may be released from detention 
 32.11  only if the person agrees to:  
 32.12     (1) abstain from alcohol; and 
 32.13     (2) submit to a program of electronic alcohol monitoring, 
 32.14  involving at least daily measurements of the person's alcohol 
 32.15  concentration, pending resolution of the charge. 
 32.16  Clause (2) applies only when ~~electronic alcohol-monitoring~~ 
 32.17  ~~equipment is available to the court~~ the community corrections 
 32.18  director or official responsible for the supervision of 
 32.19  probation services so elects.  The ~~court~~ community corrections 
 32.20  director or official responsible for the supervision of 
 32.21  probation services shall require partial or total reimbursement 
 32.22  from the person for the cost of the electronic 
 32.23  alcohol-monitoring, to the extent the person is able to pay. 
 32.24     (c) Unless maximum bail is imposed under section 629.471, 
 32.25  subdivision 2, a person charged with violating section 169A.20 
 32.26  within ten years of the first of three or more prior impaired 
 32.27  driving convictions may be released from detention only if the 
 32.28  following conditions are imposed in addition to the condition 
 32.29  imposed in paragraph (b), if applicable, and any other 
 32.30  conditions of release ordered by the court: 
 32.31     (1) the impoundment of the registration plates of the 
 32.32  vehicle used to commit the violation, unless already impounded; 
 32.33     (2) if the vehicle used to commit the violation was an 
 32.34  off-road recreational vehicle or a motorboat, the impoundment of 
 32.35  the off-road recreational vehicle or motorboat; 
 32.36     (3) a requirement that the person report weekly to a 
 33.1   probation agent; 
 33.2      (4) a requirement that the person abstain from consumption 
 33.3   of alcohol and controlled substances ~~and submit to random~~ 
 33.4   ~~alcohol tests or urine analyses at least weekly~~; and 
 33.5      (5) a requirement that, if convicted, the person reimburse 
 33.6   the court or county for the total cost of these services. 
 33.7      Sec. 2.  Minnesota Statutes 2002, section 609.115, 
 33.8   subdivision 1, is amended to read: 
 33.9      Subdivision 1.  [PRESENTENCE INVESTIGATION.] (a) ~~When a~~ 
 33.10  ~~defendant has been convicted of a misdemeanor or gross~~ 
 33.11  ~~misdemeanor, the court may, and~~ When the defendant has been 
 33.12  convicted of a felony, the court shall, before sentence is 
 33.13  imposed, cause a presentence investigation and written or oral 
 33.14  report to be made to the court concerning the defendant's 
 33.15  individual characteristics, circumstances, needs, 
 33.16  potentialities, criminal record and social history~~,~~ and the 
 33.17  circumstances of the offense ~~and the harm caused by it to others~~ 
 33.18  ~~and to the community~~.  ~~At the request of the prosecutor in a~~ 
 33.19  ~~gross misdemeanor case, the court shall order that a presentence~~ 
 33.20  ~~investigation and report be prepared.~~  The investigation shall 
 33.21  be made by a probation officer of the court, if there is one; 
 33.22  otherwise it shall be made by the commissioner of corrections.  
 33.23  The officer conducting the presentence or predispositional 
 33.24  investigation shall make reasonable and good faith efforts to 
 33.25  contact and provide the victim with the information required 
 33.26  under section 611A.037, subdivision 2.  Presentence 
 33.27  investigations shall be conducted and summary hearings held upon 
 33.28  reports and upon the sentence to be imposed upon the defendant 
 33.29  in accordance with this section, section 244.10, and the Rules 
 33.30  of Criminal Procedure. 
 33.31     (b) When the crime is a violation of sections 609.561 to 
 33.32  609.563, 609.5641, or 609.576 and involves a fire, the report 
 33.33  shall include a description of the financial and physical harm 
 33.34  the offense has had on the public safety personnel who responded 
 33.35  to the fire.  For purposes of this paragraph, "public safety 
 33.36  personnel" means the state fire marshal; employees of the 
 34.1   division of the state fire marshal; firefighters, regardless of 
 34.2   whether the firefighters receive any remuneration for providing 
 34.3   services; peace officers, as defined in section 626.05, 
 34.4   subdivision 2; individuals providing emergency management 
 34.5   services; and individuals providing emergency medical services. 
 34.6      (c) ~~When the crime is a felony violation of chapter 152~~ 
 34.7   ~~involving the sale or distribution of a controlled substance,~~ 
 34.8   ~~the report shall include a description of any adverse social or~~ 
 34.9   ~~economic effects the offense has had on persons who reside in~~ 
 34.10  ~~the neighborhood where the offense was committed.~~ 
 34.11     ~~(d) The report shall also include the information relating~~ 
 34.12  ~~to crime victims required under section 611A.037, subdivision 1.~~ 
 34.13  If the court directs, the report shall include an estimate of 
 34.14  the prospects of the defendant's rehabilitation and 
 34.15  recommendations as to the sentence which should be imposed.  In 
 34.16  misdemeanor cases the report may be oral. 
 34.17     ~~(e)~~ (d) When a defendant has been convicted of a felony, 
 34.18  and before sentencing, the court shall cause a sentencing 
 34.19  worksheet to be completed to facilitate the application of the 
 34.20  Minnesota sentencing guidelines.  The worksheet shall be 
 34.21  submitted as part of the presentence investigation report.  
 34.22     ~~(f)~~ (e) When a person is convicted of a felony for which 
 34.23  the sentencing guidelines presume that the defendant will be 
 34.24  committed to the commissioner of corrections under an executed 
 34.25  sentence and no motion for a sentencing departure has been made 
 34.26  by counsel, the court may, when there is no space available in 
 34.27  the local correctional facility, commit the defendant to the 
 34.28  custody of the commissioner of corrections, pending completion 
 34.29  of the presentence investigation and report.  When a defendant 
 34.30  is convicted of a felony for which the sentencing guidelines do 
 34.31  not presume that the defendant will be committed to the 
 34.32  commissioner of corrections, or for which the sentencing 
 34.33  guidelines presume commitment to the commissioner but counsel 
 34.34  has moved for a sentencing departure, the court may commit the 
 34.35  defendant to the commissioner with the consent of the 
 34.36  commissioner, pending completion of the presentence 
 35.1   investigation and report.  The county of commitment shall return 
 35.2   the defendant to the court when the court so orders. 
 35.3      Sec. 3.  [REPEALER.] 
 35.4      Minnesota Statutes 2002, section 611A.037, subdivision 1, 
 35.5   is repealed. 
 35.6                              ARTICLE 5 
 35.7                           PROPERTY RECORDS 
 35.8      Section 1.  Minnesota Statutes 2002, section 386.30, is 
 35.9   amended to read: 
 35.10     386.30 [DEEDS RECORDED ~~WITHIN 30 DAYS~~.] 
 35.11     Each county recorder shall~~, within 30 days~~ after any 
 35.12  instrument entitled to record is left for that purpose, actually 
 35.13  record the same in the manner provided by law and, if requested, 
 35.14  return the same in person or by mail to the person who left such 
 35.15  instrument for record, if the person's residence is known, or to 
 35.16  such other person and at such address as the recorder may be 
 35.17  directed to deliver the same.  Persistent failure to so record, 
 35.18  if requested, and return instruments entitled to record, upon 
 35.19  demand therefor and payment of recording fees, shall constitute 
 35.20  nonfeasance in office and be sufficient ground for removal 
 35.21  therefrom.  ~~In a county in which the office of county recorder~~ 
 35.22  ~~has been combined with another county office, the 30-day time~~ 
 35.23  ~~period begins when the tax certifications required by chapters~~ 
 35.24  ~~272 and 287 are made, but the total period to complete the time~~ 
 35.25  ~~period after receipt of the instrument by the office must not~~ 
 35.26  ~~exceed 60 days.~~ 
 35.27                             ARTICLE 6 
 35.28                     TRUTH IN TAXATION NOTICES 
 35.29     Section 1.  Minnesota Statutes 2002, section 126C.55, 
 35.30  subdivision 6, is amended to read: 
 35.31     Subd. 6.  [TAX LEVY FOR REPAYMENT.] (a) With the approval 
 35.32  of the commissioner, a district may levy in the year the state 
 35.33  makes a payment under this section an amount up to the amount 
 35.34  necessary to provide funds for the repayment of the amount paid 
 35.35  by the state plus interest through the date of estimated 
 35.36  repayment by the district.  The proceeds of this levy may be 
 36.1   used only for this purpose unless they are in excess of the 
 36.2   amount actually due, in which case the excess shall be used to 
 36.3   repay other state payments made under this section or shall be 
 36.4   deposited in the debt redemption fund of the school district. 
 36.5   ~~This levy shall be an increase in the levy limits of the~~ 
 36.6   ~~district for purposes of section 275.065, subdivision 6.~~  The 
 36.7   amount of aids to be reduced to repay the state shall be 
 36.8   decreased by the amount levied.  This levy by the district is 
 36.9   not eligible for debt service equalization under section 123B.53.
 36.10     (b) If the state is not repaid in full for a payment made 
 36.11  under this section by November 30 of the calendar year following 
 36.12  the year in which the state makes the payment, the commissioner 
 36.13  shall require the district to certify a property tax levy in an 
 36.14  amount up to the amount necessary to provide funds for repayment 
 36.15  of the amount paid by the state plus interest through the date 
 36.16  of estimated repayment by the school district.  To prevent undue 
 36.17  hardship, the commissioner may allow the district to certify the 
 36.18  levy over a five-year period.  The proceeds of the levy may be 
 36.19  used only for this purpose unless they are in excess of the 
 36.20  amount actually due, in which case the excess shall be used to 
 36.21  repay other state payments made under this section or shall be 
 36.22  deposited in the debt redemption fund of the district.  ~~This~~ 
 36.23  ~~levy shall be an increase in the levy limits of the school~~ 
 36.24  ~~district for purposes of section 275.065, subdivision 6.~~  If the 
 36.25  commissioner orders the district to levy, the amount of aids 
 36.26  reduced to repay the state shall be decreased by the amount 
 36.27  levied.  This levy by the district is not eligible for debt 
 36.28  service equalization under section 123B.53 or any successor 
 36.29  provision.  ~~A levy under this subdivision must be explained as a~~ 
 36.30  ~~specific increase at the meeting required under section 275.065,~~ 
 36.31  ~~subdivision 6.~~  
 36.32     <b>[EFFECTIVE DATE.]</b> This section is effective for taxes 
 36.33  levied in 2003, payable in 2004, and thereafter. 
 36.34     Sec. 2.  Minnesota Statutes 2002, section 273.124, 
 36.35  subdivision 13, is amended to read: 
 36.36     Subd. 13.  [HOMESTEAD APPLICATION.] (a) A person who meets 
 37.1   the homestead requirements under subdivision 1 must file a 
 37.2   homestead application with the county assessor to initially 
 37.3   obtain homestead classification. 
 37.4      (b) On or before January 2, 1993, each county assessor 
 37.5   shall mail a homestead application to the owner of each parcel 
 37.6   of property within the county which was classified as homestead 
 37.7   for the 1992 assessment year.  The format and contents of a 
 37.8   uniform homestead application shall be prescribed by the 
 37.9   commissioner of revenue.  The commissioner shall consult with 
 37.10  the chairs of the house and senate tax committees on the 
 37.11  contents of the homestead application form.  The application 
 37.12  must clearly inform the taxpayer that this application must be 
 37.13  signed by all owners who occupy the property or by the 
 37.14  qualifying relative and returned to the county assessor in order 
 37.15  for the property to continue receiving homestead treatment.  The 
 37.16  envelope containing the homestead application shall clearly 
 37.17  identify its contents and alert the taxpayer of its necessary 
 37.18  immediate response. 
 37.19     (c) Every property owner applying for homestead 
 37.20  classification must furnish to the county assessor the social 
 37.21  security number of each occupant who is listed as an owner of 
 37.22  the property on the deed of record, the name and address of each 
 37.23  owner who does not occupy the property, and the name and social 
 37.24  security number of each owner's spouse who occupies the 
 37.25  property.  The application must be signed by each owner who 
 37.26  occupies the property and by each owner's spouse who occupies 
 37.27  the property, or, in the case of property that qualifies as a 
 37.28  homestead under subdivision 1, paragraph (c), by the qualifying 
 37.29  relative. 
 37.30     If a property owner occupies a homestead, the property 
 37.31  owner's spouse may not claim another property as a homestead 
 37.32  unless the property owner and the property owner's spouse file 
 37.33  with the assessor an affidavit or other proof required by the 
 37.34  assessor stating that the property qualifies as a homestead 
 37.35  under subdivision 1, paragraph (e). 
 37.36     Owners or spouses occupying residences owned by their 
 38.1   spouses and previously occupied with the other spouse, either of 
 38.2   whom fail to include the other spouse's name and social security 
 38.3   number on the homestead application or provide the affidavits or 
 38.4   other proof requested, will be deemed to have elected to receive 
 38.5   only partial homestead treatment of their residence.  The 
 38.6   remainder of the residence will be classified as nonhomestead 
 38.7   residential.  When an owner or spouse's name and social security 
 38.8   number appear on homestead applications for two separate 
 38.9   residences and only one application is signed, the owner or 
 38.10  spouse will be deemed to have elected to homestead the residence 
 38.11  for which the application was signed. 
 38.12     The social security numbers or affidavits or other proofs 
 38.13  of the property owners and spouses are private data on 
 38.14  individuals as defined by section 13.02, subdivision 12, but, 
 38.15  notwithstanding that section, the private data may be disclosed 
 38.16  to the commissioner of revenue, or, for purposes of proceeding 
 38.17  under the Revenue Recapture Act to recover personal property 
 38.18  taxes owing, to the county treasurer. 
 38.19     (d) If residential real estate is occupied and used for 
 38.20  purposes of a homestead by a relative of the owner and qualifies 
 38.21  for a homestead under subdivision 1, paragraph (c), in order for 
 38.22  the property to receive homestead status, a homestead 
 38.23  application must be filed with the assessor.  The social 
 38.24  security number of each relative occupying the property and the 
 38.25  social security number of each owner who is related to an 
 38.26  occupant of the property shall be required on the homestead 
 38.27  application filed under this subdivision.  If a different 
 38.28  relative of the owner subsequently occupies the property, the 
 38.29  owner of the property must notify the assessor within 30 days of 
 38.30  the change in occupancy.  The social security number of a 
 38.31  relative occupying the property is private data on individuals 
 38.32  as defined by section 13.02, subdivision 12, but may be 
 38.33  disclosed to the commissioner of revenue.  
 38.34     (e) The homestead application shall also notify the 
 38.35  property owners that the application filed under this section 
 38.36  will not be mailed annually and that if the property is granted 
 39.1   homestead status for the 1993 assessment, or any assessment year 
 39.2   thereafter, that same property shall remain classified as 
 39.3   homestead until the property is sold or transferred to another 
 39.4   person, or the owners, the spouse of the owner, or the relatives 
 39.5   no longer use the property as their homestead.  Upon the sale or 
 39.6   transfer of the homestead property, a certificate of value must 
 39.7   be timely filed with the county auditor as provided under 
 39.8   section 272.115.  Failure to notify the assessor within 30 days 
 39.9   that the property has been sold, transferred, or that the owner, 
 39.10  the spouse of the owner, or the relative is no longer occupying 
 39.11  the property as a homestead, shall result in the penalty 
 39.12  provided under this subdivision and the property will lose its 
 39.13  current homestead status. 
 39.14     (f) If the homestead application is not returned within 30 
 39.15  days, the county will send a second application to the present 
 39.16  owners of record.  ~~The notice of proposed property taxes~~ 
 39.17  ~~prepared under section 275.065, subdivision 3, shall reflect the~~ 
 39.18  ~~property's classification.  Beginning with assessment year 1993~~ 
 39.19  ~~for all properties,~~ If a homestead application has not been 
 39.20  filed with the county by December 15, the assessor shall 
 39.21  classify the property as nonhomestead for the current assessment 
 39.22  year for taxes payable in the following year, provided that the 
 39.23  owner may be entitled to receive the homestead classification by 
 39.24  proper application under section 375.192. 
 39.25     (g) At the request of the commissioner, each county must 
 39.26  give the commissioner a list that includes the name and social 
 39.27  security number of each property owner and the property owner's 
 39.28  spouse occupying the property, or relative of a property owner, 
 39.29  applying for homestead classification under this subdivision.  
 39.30  The commissioner shall use the information provided on the lists 
 39.31  as appropriate under the law, including for the detection of 
 39.32  improper claims by owners, or relatives of owners, under chapter 
 39.33  290A.  
 39.34     (h) If the commissioner finds that a property owner may be 
 39.35  claiming a fraudulent homestead, the commissioner shall notify 
 39.36  the appropriate counties.  Within 90 days of the notification, 
 40.1   the county assessor shall investigate to determine if the 
 40.2   homestead classification was properly claimed.  If the property 
 40.3   owner does not qualify, the county assessor shall notify the 
 40.4   county auditor who will determine the amount of homestead 
 40.5   benefits that had been improperly allowed.  For the purpose of 
 40.6   this section, "homestead benefits" means the tax reduction 
 40.7   resulting from the classification as a homestead under section 
 40.8   273.13, the taconite homestead credit under section 273.135, the 
 40.9   residential homestead and agricultural homestead credits under 
 40.10  section 273.1384, and the supplemental homestead credit under 
 40.11  section 273.1391. 
 40.12     The county auditor shall send a notice to the person who 
 40.13  owned the affected property at the time the homestead 
 40.14  application related to the improper homestead was filed, 
 40.15  demanding reimbursement of the homestead benefits plus a penalty 
 40.16  equal to 100 percent of the homestead benefits.  The person 
 40.17  notified may appeal the county's determination by serving copies 
 40.18  of a petition for review with county officials as provided in 
 40.19  section 278.01 and filing proof of service as provided in 
 40.20  section 278.01 with the Minnesota tax court within 60 days of 
 40.21  the date of the notice from the county.  Procedurally, the 
 40.22  appeal is governed by the provisions in chapter 271 which apply 
 40.23  to the appeal of a property tax assessment or levy, but without 
 40.24  requiring any prepayment of the amount in controversy.  If the 
 40.25  amount of homestead benefits and penalty is not paid within 60 
 40.26  days, and if no appeal has been filed, the county auditor shall 
 40.27  certify the amount of taxes and penalty to the county 
 40.28  treasurer.  The county treasurer will add interest to the unpaid 
 40.29  homestead benefits and penalty amounts at the rate provided in 
 40.30  section 279.03 for real property taxes becoming delinquent in 
 40.31  the calendar year during which the amount remains unpaid.  
 40.32  Interest may be assessed for the period beginning 60 days after 
 40.33  demand for payment was made. 
 40.34     If the person notified is the current owner of the 
 40.35  property, the treasurer may add the total amount of homestead 
 40.36  benefits, penalty, interest, and costs to the ad valorem taxes 
 41.1   otherwise payable on the property by including the amounts on 
 41.2   the property tax statements under section 276.04, subdivision 
 41.3   3.  The amounts added under this paragraph to the ad valorem 
 41.4   taxes shall include interest accrued through December 31 of the 
 41.5   year preceding the taxes payable year for which the amounts are 
 41.6   first added.  These amounts, when added to the property tax 
 41.7   statement, become subject to all the laws for the enforcement of 
 41.8   real or personal property taxes for that year, and for any 
 41.9   subsequent year. 
 41.10     If the person notified is not the current owner of the 
 41.11  property, the treasurer may collect the amounts due under the 
 41.12  Revenue Recapture Act in chapter 270A, or use any of the powers 
 41.13  granted in sections 277.20 and 277.21 without exclusion, to 
 41.14  enforce payment of the homestead benefits, penalty, interest, 
 41.15  and costs, as if those amounts were delinquent tax obligations 
 41.16  of the person who owned the property at the time the application 
 41.17  related to the improperly allowed homestead was filed.  The 
 41.18  treasurer may relieve a prior owner of personal liability for 
 41.19  the homestead benefits, penalty, interest, and costs, and 
 41.20  instead extend those amounts on the tax lists against the 
 41.21  property as provided in this paragraph to the extent that the 
 41.22  current owner agrees in writing.  On all demands, billings, 
 41.23  property tax statements, and related correspondence, the county 
 41.24  must list and state separately the amounts of homestead 
 41.25  benefits, penalty, interest and costs being demanded, billed or 
 41.26  assessed. 
 41.27     (i) Any amount of homestead benefits recovered by the 
 41.28  county from the property owner shall be distributed to the 
 41.29  county, city or town, and school district where the property is 
 41.30  located in the same proportion that each taxing district's levy 
 41.31  was to the total of the three taxing districts' levy for the 
 41.32  current year.  Any amount recovered attributable to taconite 
 41.33  homestead credit shall be transmitted to the St. Louis county 
 41.34  auditor to be deposited in the taconite property tax relief 
 41.35  account.  Any amount recovered that is attributable to 
 41.36  supplemental homestead credit is to be transmitted to the 
 42.1   commissioner of revenue for deposit in the general fund of the 
 42.2   state treasury.  The total amount of penalty collected must be 
 42.3   deposited in the county general fund. 
 42.4      (j) If a property owner has applied for more than one 
 42.5   homestead and the county assessors cannot determine which 
 42.6   property should be classified as homestead, the county assessors 
 42.7   will refer the information to the commissioner.  The 
 42.8   commissioner shall make the determination and notify the 
 42.9   counties within 60 days. 
 42.10     (k) In addition to lists of homestead properties, the 
 42.11  commissioner may ask the counties to furnish lists of all 
 42.12  properties and the record owners.  The social security numbers 
 42.13  and federal identification numbers that are maintained by a 
 42.14  county or city assessor for property tax administration 
 42.15  purposes, and that may appear on the lists retain their 
 42.16  classification as private or nonpublic data; but may be viewed, 
 42.17  accessed, and used by the county auditor or treasurer of the 
 42.18  same county for the limited purpose of assisting the 
 42.19  commissioner in the preparation of microdata samples under 
 42.20  section 270.0681. 
 42.21     <b>[EFFECTIVE DATE.]</b> This section is effective for taxes 
 42.22  levied in 2003, payable in 2004, and thereafter. 
 42.23     Sec. 3.  Minnesota Statutes 2002, section 275.07, 
 42.24  subdivision 1, is amended to read: 
 42.25     Subdivision 1.  [CERTIFICATION OF LEVY.] (a) Except as 
 42.26  provided under paragraph (b), the taxes voted by cities, 
 42.27  counties, school districts, and special districts shall be 
 42.28  certified by the proper authorities to the county auditor on or 
 42.29  before five working days after December 20 in each year.  A town 
 42.30  must certify the levy adopted by the town board to the county 
 42.31  auditor by September 15 each year.  If the town board modifies 
 42.32  the levy at a special town meeting after September 15, the town 
 42.33  board must recertify its levy to the county auditor on or before 
 42.34  five working days after December 20.  The taxes certified shall 
 42.35  not be reduced by the county auditor by the aid received under 
 42.36  section 273.1398, subdivision 2, but shall be reduced by the 
 43.1   county auditor by the aid received under section 273.1398, 
 43.2   subdivision 3.  If a city, town, county, school district, or 
 43.3   special district fails to certify its levy by that date, its 
 43.4   levy shall be the amount levied by it for the preceding year. 
 43.5      (b)(i) The taxes voted by counties under sections 103B.241, 
 43.6   103B.245, and 103B.251 shall be separately certified by the 
 43.7   county to the county auditor on or before five working days 
 43.8   after December 20 in each year.  The taxes certified shall not 
 43.9   be reduced by the county auditor by the aid received under 
 43.10  section 273.1398, subdivisions 2 and 3.  If a county fails to 
 43.11  certify its levy by that date, its levy shall be the amount 
 43.12  levied by it for the preceding year.  
 43.13     (ii) For purposes of the ~~proposed property tax notice under~~ 
 43.14  ~~section 275.065 and the~~ property tax statement under section 
 43.15  276.04, for the first year in which the county implements the 
 43.16  provisions of this paragraph, the county auditor shall reduce 
 43.17  the county's levy for the preceding year to reflect any amount 
 43.18  levied for water management purposes under clause (i) included 
 43.19  in the county's levy. 
 43.20     <b>[EFFECTIVE DATE.]</b> This section is effective for taxes 
 43.21  levied in 2003, payable in 2004, and thereafter. 
 43.22     Sec. 4.  Minnesota Statutes 2002, section 275.07, 
 43.23  subdivision 4, is amended to read: 
 43.24     Subd. 4.  [REPORT TO COMMISSIONER.] (a) ~~On or before~~ 
 43.25  ~~October 8 of each year, the county auditor shall report to the~~ 
 43.26  ~~commissioner of revenue the proposed levy certified by local~~ 
 43.27  ~~units of government under section 275.065, subdivision 1.  If~~ 
 43.28  ~~any taxing authorities have notified the county auditor that~~ 
 43.29  ~~they are in the process of negotiating an agreement for sharing,~~ 
 43.30  ~~merging, or consolidating services but that when the proposed~~ 
 43.31  ~~levy was certified under section 275.065, subdivision 1c, the~~ 
 43.32  ~~agreement was not yet finalized, the county auditor shall supply~~ 
 43.33  ~~that information to the commissioner when filing the report~~ 
 43.34  ~~under this section and shall recertify the affected levies as~~ 
 43.35  ~~soon as practical after October 10.~~ 
 43.36     ~~(b)~~ On or before January 15 of each year, the county 
 44.1   auditor shall report to the commissioner of revenue the final 
 44.2   levy certified by local units of government under subdivision 1. 
 44.3      ~~(c)~~ (b) The levies must be reported in the manner 
 44.4   prescribed by the commissioner.  The reports must show a total 
 44.5   levy and the amount of each special levy. 
 44.6      <b>[EFFECTIVE DATE.]</b> This section is effective for taxes 
 44.7   levied in 2003, payable in 2004, and thereafter. 
 44.8      Sec. 5.  Minnesota Statutes 2002, section 275.07, 
 44.9   subdivision 5, is amended to read: 
 44.10     Subd. 5.  [REVISED FINAL LEVY.] (a) If the final levy of a 
 44.11  taxing jurisdiction certified to the county auditor is incorrect 
 44.12  due to an error in the deduction of the aid received under 
 44.13  section 273.1398, subdivision 2, in determining the certified 
 44.14  levy as required under subdivision 1, the taxing jurisdiction 
 44.15  may apply to the commissioner of revenue to increase the levy 
 44.16  and recertify it in the correct amount.  The commissioner must 
 44.17  receive the request by January 2. 
 44.18     (b) If the commissioner determines that the requirements of 
 44.19  paragraph (a) have been met, the commissioner shall notify the 
 44.20  taxing jurisdiction that the revised final levy has been 
 44.21  approved.  Upon receipt of the approval, but no later than 
 44.22  January 15, the governing body of the taxing jurisdiction shall 
 44.23  adopt the revised final levy and the taxing jurisdiction shall 
 44.24  recertify the revised final levy to the county auditor.  The 
 44.25  county auditor shall use the revised final levy to compute the 
 44.26  tax rate for the taxing jurisdiction. 
 44.27     (c) The county auditor shall report to the commissioner of 
 44.28  revenue the revised final levy used to determine the tax rates 
 44.29  for the taxing jurisdiction.  ~~The provisions of section 275.065,~~ 
 44.30  ~~subdivisions 6, 6a, and 7 do not apply to the revised final levy~~ 
 44.31  ~~for the taxing jurisdiction certified under this section.~~ 
 44.32     (d) The taxing jurisdiction must publish in an official 
 44.33  newspaper of general circulation in the taxing jurisdiction a 
 44.34  notice of its revised final levy.  The notice shall contain 
 44.35  examples of the tax impact of the revised final levy on 
 44.36  homestead, apartment, and commercial classes of property in the 
 45.1   taxing jurisdiction.  The county auditor shall assist the taxing 
 45.2   jurisdiction in preparing the examples for the publication. 
 45.3      <b>[EFFECTIVE DATE.]</b> This section is effective for taxes 
 45.4   levied in 2003, payable in 2004, and thereafter. 
 45.5      Sec. 6.  Minnesota Statutes 2002, section 276.04, 
 45.6   subdivision 2, is amended to read: 
 45.7      Subd. 2.  [CONTENTS OF TAX STATEMENTS.] (a) The treasurer 
 45.8   shall provide for the printing of the tax statements.  The 
 45.9   commissioner of revenue shall prescribe the form of the property 
 45.10  tax statement and its contents.  The statement must contain a 
 45.11  tabulated statement of the dollar amount due to each taxing 
 45.12  authority and the amount of the state tax from the parcel of 
 45.13  real property for which a particular tax statement is prepared.  
 45.14  The dollar amounts attributable to the county, the state tax, 
 45.15  the voter approved school tax, the other local school tax, the 
 45.16  township or municipality, and the total of the metropolitan 
 45.17  special taxing districts as defined in ~~section 275.065,~~ 
 45.18  ~~subdivision 3,~~ paragraph ~~(i),~~ (e) must be separately stated.  
 45.19  The amounts due all other special taxing districts, if any, may 
 45.20  be aggregated.  If the county levy under this paragraph includes 
 45.21  an amount for a lake improvement district as defined under 
 45.22  sections 103B.501 to 103B.581, the amount attributable for that 
 45.23  purpose must be separately stated from the remaining county levy 
 45.24  amount.  The amount of the tax on homesteads qualifying under 
 45.25  the senior citizens' property tax deferral program under chapter 
 45.26  290B is the total amount of property tax before subtraction of 
 45.27  the deferred property tax amount.  The amount of the tax on 
 45.28  contamination value imposed under sections 270.91 to 270.98, if 
 45.29  any, must also be separately stated.  The dollar amounts, 
 45.30  including the dollar amount of any special assessments, may be 
 45.31  rounded to the nearest even whole dollar.  For purposes of this 
 45.32  section whole odd-numbered dollars may be adjusted to the next 
 45.33  higher even-numbered dollar.  The amount of market value 
 45.34  excluded under section 273.11, subdivision 16, if any, must also 
 45.35  be listed on the tax statement. 
 45.36     (b) The property tax statements for manufactured homes and 
 46.1   sectional structures taxed as personal property shall contain 
 46.2   the same information that is required on the tax statements for 
 46.3   real property.  
 46.4      (c) Real and personal property tax statements must contain 
 46.5   the following information in the order given in this paragraph.  
 46.6   The information must contain the current year tax information in 
 46.7   the right column with the corresponding information for the 
 46.8   previous year in a column on the left: 
 46.9      (1) the property's estimated market value under section 
 46.10  273.11, subdivision 1; 
 46.11     (2) the property's taxable market value after reductions 
 46.12  under section 273.11, subdivisions 1a and 16; 
 46.13     (3) the property's gross tax, calculated by adding the 
 46.14  property's total property tax to the sum of the aids enumerated 
 46.15  in clause (4); 
 46.16     (4) a total of the following aids: 
 46.17     (i) education aids payable under chapters 122A, 123A, 123B, 
 46.18  124D, 125A, 126C, and 127A; 
 46.19     (ii) local government aids for cities, towns, and counties 
 46.20  under chapter 477A; 
 46.21     (iii) disparity reduction aid under section 273.1398; and 
 46.22     (iv) homestead and agricultural credit aid under section 
 46.23  273.1398; 
 46.24     (5) for homestead residential and agricultural properties, 
 46.25  the credits under section 273.1384; 
 46.26     (6) any credits received under sections 273.119; 273.123; 
 46.27  273.135; 273.1391; 273.1398, subdivision 4; 469.171; and 
 46.28  473H.10, except that the amount of credit received under section 
 46.29  273.135 must be separately stated and identified as "taconite 
 46.30  tax relief"; and 
 46.31     (7) the net tax payable in the manner required in paragraph 
 46.32  (a). 
 46.33     (d) If the county uses envelopes for mailing property tax 
 46.34  statements and if the county agrees, a taxing district may 
 46.35  include a notice with the property tax statement notifying 
 46.36  taxpayers when the taxing district will begin its budget 
 47.1   deliberations for the current year, and encouraging taxpayers to 
 47.2   attend the hearings.  If the county allows notices to be 
 47.3   included in the envelope containing the property tax statement, 
 47.4   and if more than one taxing district relative to a given 
 47.5   property decides to include a notice with the tax statement, the 
 47.6   county treasurer or auditor must coordinate the process and may 
 47.7   combine the information on a single announcement.  
 47.8      The commissioner of revenue shall certify to the county 
 47.9   auditor the actual or estimated aids enumerated in clause (4) 
 47.10  that local governments will receive in the following year.  The 
 47.11  commissioner must certify this amount by January 1 of each year. 
 47.12     (e) For purposes of this subdivision, "metropolitan special 
 47.13  taxing districts" means the following taxing districts in the 
 47.14  seven-county metropolitan area that levy a property tax for any 
 47.15  of the specified purposes listed below: 
 47.16     (1) metropolitan council under section 473.132, 473.167, 
 47.17  473.249, 473.325, 473.446, 473.521, 473.547, or 473.834; 
 47.18     (2) metropolitan airports commission under section 473.667, 
 47.19  473.671, or 473.672; and 
 47.20     (3) metropolitan mosquito control commission under section 
 47.21  473.711. 
 47.22     Any levies made by the regional rail authorities in the 
 47.23  county of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or 
 47.24  Washington under chapter 398A must be included with the 
 47.25  appropriate county's levy. 
 47.26     <b>[EFFECTIVE DATE.]</b> This section is effective for taxes 
 47.27  levied in 2003, payable in 2004, and thereafter. 
 47.28     Sec. 7.  Minnesota Statutes 2002, section 354A.12, 
 47.29  subdivision 3b, is amended to read: 
 47.30     Subd. 3b.  [SPECIAL DIRECT STATE MATCHING AID TO THE 
 47.31  MINNEAPOLIS TEACHERS RETIREMENT FUND ASSOCIATION.] (a) Special 
 47.32  school district No. 1 may make an additional employer 
 47.33  contribution to the Minneapolis teachers retirement fund 
 47.34  association.  The city of Minneapolis may make a contribution to 
 47.35  the Minneapolis teachers retirement fund association.  This 
 47.36  contribution may be made by a levy of the board of estimate and 
 48.1   taxation of the city of Minneapolis and the levy, if made, is 
 48.2   classified as that of a special taxing district for purposes of 
 48.3   ~~sections 275.065 and~~ section 276.04, and for all other property 
 48.4   tax purposes. 
 48.5      (b) For every $1,000 contributed in equal proportion by 
 48.6   special school district No. 1 and by the city of Minneapolis to 
 48.7   the Minneapolis teachers retirement fund association under 
 48.8   paragraph (a), the state shall pay to the Minneapolis teachers 
 48.9   retirement fund association $1,000, but not to exceed $2,500,000 
 48.10  in total in fiscal year 1994.  The superintendent of special 
 48.11  school district No. 1, the mayor of the city of Minneapolis, and 
 48.12  the executive director of the Minneapolis teachers retirement 
 48.13  fund association shall jointly certify to the commissioner of 
 48.14  finance the total amount that has been contributed by special 
 48.15  school district No. 1 and by the city of Minneapolis to the 
 48.16  Minneapolis teachers retirement fund association.  Any 
 48.17  certification to the commissioner of children, families, and 
 48.18  learning must be made quarterly.  If the total certifications 
 48.19  for a fiscal year exceed the maximum annual direct state 
 48.20  matching aid amount in any quarter, the amount of direct state 
 48.21  matching aid payable to the Minneapolis teachers retirement fund 
 48.22  association must be limited to the balance of the maximum annual 
 48.23  direct state matching aid amount available.  The amount required 
 48.24  under this paragraph, subject to the maximum direct state 
 48.25  matching aid amount, is appropriated annually to the 
 48.26  commissioner of finance. 
 48.27     (c) The commissioner of finance may prescribe the form of 
 48.28  the certifications required under paragraph (b). 
 48.29     <b>[EFFECTIVE DATE.]</b> This section is effective for taxes 
 48.30  levied in 2003, payable in 2004, and thereafter. 
 48.31     Sec. 8.  Minnesota Statutes 2002, section 373.45, 
 48.32  subdivision 8, is amended to read: 
 48.33     Subd. 8.  [TAX LEVY FOR REPAYMENT.] (a) With the approval 
 48.34  of the authority, a county may levy in the year the state makes 
 48.35  a payment under this section an amount up to the amount 
 48.36  necessary to provide funds for the repayment of the amount paid 
 49.1   by the state plus interest through the date of estimated 
 49.2   repayment by the county.  The proceeds of this levy may be used 
 49.3   only for this purpose unless they exceed the amount actually 
 49.4   due.  Any excess must be used to repay other state payments made 
 49.5   under this section or must be deposited in the debt redemption 
 49.6   fund of the county.  The amount of aids to be reduced to repay 
 49.7   the state are decreased by the amount levied. 
 49.8      (b) If the state is not repaid in full for a payment made 
 49.9   under this section by November 30 of the calendar year following 
 49.10  the year in which the state makes the payment, the authority 
 49.11  shall require the county to certify a property tax levy in an 
 49.12  amount up to the amount necessary to provide funds for repayment 
 49.13  of the amount paid by the state plus interest through the date 
 49.14  of estimated repayment by the county.  To prevent undue 
 49.15  hardship, the authority may allow the county to certify the levy 
 49.16  over a five-year period.  The proceeds of the levy may be used 
 49.17  only for this purpose unless they are in excess of the amount 
 49.18  actually due, in which case the excess must be used to repay 
 49.19  other state payments made under this section or must be 
 49.20  deposited in the debt redemption fund of the county.  If the 
 49.21  authority orders the county to levy, the amount of aids reduced 
 49.22  to repay the state are decreased by the amount levied.  
 49.23     ~~(c) A levy under this subdivision is an increase in the~~ 
 49.24  ~~levy limits of the county for purposes of section 275.065,~~ 
 49.25  ~~subdivision 6, and must be explained as a specific increase at~~ 
 49.26  ~~the meeting required under that provision.~~  
 49.27     <b>[EFFECTIVE DATE.]</b> This section is effective for taxes 
 49.28  levied in 2003, payable in 2004, and thereafter. 
 49.29     Sec. 9.  Minnesota Statutes 2002, section 375.194, 
 49.30  subdivision 4, is amended to read: 
 49.31     Subd. 4.  [~~PROPOSED AND FINAL~~ PROPERTY TAX STATEMENTS.] ~~For~~ 
 49.32  ~~purposes of determining the eligible property's taxes on the~~ 
 49.33  ~~proposed property tax statement under section 275.065, the~~ 
 49.34  ~~amount shown will be the amount before the deduction of the tax~~ 
 49.35  ~~abatement under subdivision 3.~~  The property taxes shown on the 
 49.36  ~~final~~ property tax statement shall reflect both the taxes before 
 50.1   and after the tax abatement granted under this section. 
 50.2      <b>[EFFECTIVE DATE.]</b> This section is effective for taxes 
 50.3   levied in 2003, payable in 2004, and thereafter. 
 50.4      Sec. 10.  Minnesota Statutes 2002, section 375.194, 
 50.5   subdivision 5, is amended to read: 
 50.6      Subd. 5.  [DETERMINATION OF COUNTY TAX RATE.] The eligible 
 50.7   county's ~~proposed and final~~ tax rates shall be determined by 
 50.8   dividing the certified levy by the total taxable net tax 
 50.9   capacity, without regard to any abatements granted under this 
 50.10  section.  ~~The county board shall make available the estimated~~ 
 50.11  ~~amount of the abatement at the public hearing under section~~ 
 50.12  ~~275.065, subdivision 6.~~ 
 50.13     <b>[EFFECTIVE DATE.]</b> This section is effective for taxes 
 50.14  levied in 2003, payable in 2004, and thereafter. 
 50.15     Sec. 11.  Minnesota Statutes 2002, section 383A.75, 
 50.16  subdivision 3, is amended to read: 
 50.17     Subd. 3.  [DUTIES.] The committee is authorized to and 
 50.18  shall meet from time to time to make appropriate recommendations 
 50.19  for the efficient and effective use of property tax dollars 
 50.20  raised by the jurisdictions for programs, buildings, and 
 50.21  operations.  In addition, the committee shall: 
 50.22     (1) identify trends and factors likely to be driving budget 
 50.23  outcomes over the next five years with recommendations for how 
 50.24  the jurisdictions should manage those trends and factors to 
 50.25  increase efficiency and effectiveness; 
 50.26     (2) agree, by October 1 of each year, on the appropriate 
 50.27  level of overall property tax levy for the three jurisdictions 
 50.28  and publicly report such to the governing bodies of each 
 50.29  jurisdiction for ratification or modification by resolution; and 
 50.30     (3) ~~plan for the joint truth-in-taxation hearings under~~ 
 50.31  ~~section 275.065, subdivision 8; and~~ 
 50.32     ~~(4)~~ identify, by December 31 of each year, areas of the 
 50.33  budget to be targeted in the coming year for joint review to 
 50.34  improve services or achieve efficiencies. 
 50.35     In carrying out its duties, the committee shall consult 
 50.36  with public employees of each jurisdiction and with other 
 51.1   stakeholders of the city, county, and school district, as 
 51.2   appropriate. 
 51.3      <b>[EFFECTIVE DATE.]</b> This section is effective for taxes 
 51.4   levied in 2003, payable in 2004, and thereafter. 
 51.5      Sec. 12.  Minnesota Statutes 2002, section 465.719, 
 51.6   subdivision 9, is amended to read: 
 51.7      Subd. 9.  [APPLICATION OF OTHER LAWS.] A corporation 
 51.8   created by a political subdivision under this section must 
 51.9   comply with every law that applies to the political subdivision, 
 51.10  as if the corporation is a part of the political subdivision, 
 51.11  unless the resolution ratifying creation of the corporation 
 51.12  specifically exempts the corporation from part or all of a law.  
 51.13  If the resolution exempts the corporation from part or all of a 
 51.14  law, the resolution must make a detailed and specific finding as 
 51.15  to why the corporation cannot fulfill its purpose if the 
 51.16  corporation is subject to that law.  A corporation may not be 
 51.17  exempted from chapter 13D, the Minnesota Open Meeting Law, 
 51.18  sections 138.163 to 138.25, governing records management, or 
 51.19  chapter 13, the Minnesota Government Data Practices Act.  Any 
 51.20  affected or interested person may bring an action in district 
 51.21  court to void the resolution on the grounds that the findings 
 51.22  are not sufficiently detailed and specific, or that the 
 51.23  corporation can fulfill its purpose if it is subject to the law 
 51.24  from which the resolution exempts the corporation.  Laws that 
 51.25  apply to a political subdivision that also apply to a 
 51.26  corporation created by a political subdivision under this 
 51.27  subdivision include, but are not limited to: 
 51.28     (1) chapter 13D, the Minnesota Open Meeting Law; 
 51.29     (2) chapter 13, the Minnesota Government Data Practices 
 51.30  Act; 
 51.31     (3) section 471.345, the Uniform Municipal Contracting Law; 
 51.32     (4) sections 43A.17, limiting the compensation of employees 
 51.33  based on the governor's salary; 471.991 to 471.999, providing 
 51.34  for equitable pay; and 465.72 and 465.722, governing severance 
 51.35  pay; 
 51.36     (5) ~~section 275.065, providing for truth-in-taxation~~ 
 52.1   ~~hearings.  If any tax revenues of the political subdivision will~~ 
 52.2   ~~be appropriated to the corporation, the corporation's annual~~ 
 52.3   ~~operating and capital budgets must be included in the~~ 
 52.4   ~~truth-in-taxation hearing of the political subdivision that~~ 
 52.5   ~~created the corporation;~~ 
 52.6      ~~(6)~~ if the corporation issues debt, its debt is included in 
 52.7   the political subdivision's debt limit if it would be included 
 52.8   if issued by the political subdivision, and issuance of the debt 
 52.9   is subject to the election and other requirements of chapter 475 
 52.10  and section 471.69; 
 52.11     ~~(7)~~ (6) section 471.895, prohibiting acceptance of gifts 
 52.12  from interested parties, and sections 471.87 to 471.89, relating 
 52.13  to interests in contracts; 
 52.14     ~~(8)~~ (7) chapter 466, relating to municipal tort liability; 
 52.15     ~~(9)~~ (8) chapter 118A, requiring deposit insurance or bond 
 52.16  or pledged collateral for deposits; 
 52.17     ~~(10)~~ (9) chapter 118A, restricting investments; 
 52.18     ~~(11)~~ (10) section 471.346, requiring ownership of vehicles 
 52.19  to be identified; 
 52.20     ~~(12)~~ (11) sections 471.38 to 471.41, requiring claims to be 
 52.21  in writing, itemized, and approved by the governing board before 
 52.22  payment can be made; and 
 52.23     ~~(13)~~ (12) the corporation cannot make advances of pay, make 
 52.24  or guarantee loans to employees, or provide in-kind benefits 
 52.25  unless authorized by law. 
 52.26     <b>[EFFECTIVE DATE.]</b> This section is effective for taxes 
 52.27  levied in 2003, payable in 2004, and thereafter. 
 52.28     Sec. 13.  Minnesota Statutes 2002, section 469.1791, 
 52.29  subdivision 10, is amended to read: 
 52.30     Subd. 10.  [LIMITS UNDER OTHER LAW.] The tax imposed under 
 52.31  this section is not included in the calculation of levies or 
 52.32  limits imposed under law or charter.  ~~Section 275.065 does not~~ 
 52.33  ~~apply to any tax imposed under this section.~~  The tax proceeds 
 52.34  are subject to the restrictions imposed by law on revenues 
 52.35  derived from tax increments and may only be spent for the 
 52.36  purposes for which increments may be spent. 
 53.1      <b>[EFFECTIVE DATE.]</b> This section is effective for taxes 
 53.2   levied in 2003, levied in 2004, and thereafter. 
 53.3      Sec. 14.  Minnesota Statutes 2002, section 469.1815, 
 53.4   subdivision 1, is amended to read: 
 53.5      Subdivision 1.  [INCLUSION IN ~~PROPOSED AND FINAL LEVIES~~ 
 53.6   LEVY.] The political subdivision must add to its levy amount for 
 53.7   the current year under ~~sections 275.065 and~~ section 275.07 the 
 53.8   total estimated amount of all current year abatements granted.  
 53.9   The tax ~~amounts~~ amount shown on the ~~proposed notice under~~ 
 53.10  ~~section 275.065, subdivision 3, and on the~~ property tax 
 53.11  statement under section 276.04, subdivision 2, ~~are~~ is the total 
 53.12  ~~amounts~~ amount before the reduction of any abatements that will 
 53.13  be granted on the property. 
 53.14     <b>[EFFECTIVE DATE.]</b> This section is effective for taxes 
 53.15  levied in 2003, payable in 2004, and thereafter. 
 53.16     Sec. 15.  Minnesota Statutes 2002, section 473.13, 
 53.17  subdivision 1, is amended to read: 
 53.18     Subdivision 1.  [BUDGET.] (a) On or before December 20 of 
 53.19  each year the council~~, after the public hearing required in~~ 
 53.20  ~~section 275.065,~~ shall adopt a final budget covering its 
 53.21  anticipated receipts and disbursements for the ensuing year and 
 53.22  shall decide upon the total amount necessary to be raised from 
 53.23  ad valorem tax levies to meet its budget.  The budget shall 
 53.24  state in detail the expenditures for each program to be 
 53.25  undertaken, including the expenses for salaries, consultant 
 53.26  services, overhead, travel, printing, and other items.  The 
 53.27  budget shall state in detail the capital expenditures of the 
 53.28  council for the budget year, based on a five-year capital 
 53.29  program adopted by the council and transmitted to the 
 53.30  legislature.  After adoption of the budget and no later than 
 53.31  five working days after December 20, the council shall certify 
 53.32  to the auditor of each metropolitan county the share of the tax 
 53.33  to be levied within that county, which must be an amount bearing 
 53.34  the same proportion to the total levy agreed on by the council 
 53.35  as the net tax capacity of the county bears to the net tax 
 53.36  capacity of the metropolitan area.  The maximum amount of any 
 54.1   levy made for the purpose of this chapter may not exceed the 
 54.2   limits set by the statute authorizing the levy. 
 54.3      (b) Each even-numbered year the council shall prepare for 
 54.4   its transit programs a financial plan for the succeeding three 
 54.5   calendar years, in half-year segments.  The financial plan must 
 54.6   contain the elements specified in section 473.1623, subdivision 
 54.7   3.  The financial plan must contain schedules of user charges 
 54.8   and any changes in user charges planned or anticipated by the 
 54.9   council during the period of the plan.  The financial plan must 
 54.10  contain a proposed request for state financial assistance for 
 54.11  the succeeding biennium. 
 54.12     (c) In addition, the budget must show for each year: 
 54.13     (1) the estimated operating revenues from all sources 
 54.14  including funds on hand at the beginning of the year, and 
 54.15  estimated expenditures for costs of operation, administration, 
 54.16  maintenance, and debt service; 
 54.17     (2) capital improvement funds estimated to be on hand at 
 54.18  the beginning of the year and estimated to be received during 
 54.19  the year from all sources and estimated cost of capital 
 54.20  improvements to be paid out or expended during the year, all in 
 54.21  such detail and form as the council may prescribe; and 
 54.22     (3) the estimated source and use of pass-through funds. 
 54.23     <b>[EFFECTIVE DATE.]</b> This section is effective for taxes 
 54.24  levied in 2003, payable in 2004, and thereafter. 
 54.25     Sec. 16.  [REPEALER.] 
 54.26     Minnesota Statutes 2002, section 275.065, is repealed. 
 54.27     <b>[EFFECTIVE DATE.]</b> This section is effective for taxes 
 54.28  levied in 2003, payable in 2004, and thereafter. 
 54.29                             ARTICLE 7 
 54.30                        OTHER PUBLIC NOTICES 
 54.31     Section 1.  Minnesota Statutes 2002, section 331A.03, 
 54.32  subdivision 1, is amended to read: 
 54.33     Subdivision 1.  [GENERALLY.] Except as provided in 
 54.34  ~~subdivision~~ subdivisions 2 and 3, a public notice shall be 
 54.35  published in a qualified newspaper, and except as otherwise 
 54.36  provided by law, in one that is likely to give notice in the 
 55.1   affected area or to whom it is directed.  When a statute or 
 55.2   other law requires publication in a newspaper located in a 
 55.3   designated municipality or area and no qualified newspaper is 
 55.4   located there, publication shall be made in a qualified 
 55.5   newspaper likely to give notice unless the particular statute or 
 55.6   law expressly provides otherwise.  If no qualified newspaper 
 55.7   exists, then publication is not required.  
 55.8      Sec. 2.  Minnesota Statutes 2002, section 331A.03, is 
 55.9   amended by adding a subdivision to read: 
 55.10     Subd. 3.  [EXCEPTION; OTHER METHODS OF 
 55.11  NOTIFICATION.] Public notices or proceedings required to be 
 55.12  published by a county are not required to be published in a 
 55.13  qualified newspaper if the public notices or proceedings are 
 55.14  published or distributed by a method authorized in chapter 331B. 
 55.15     Sec. 3.  [331B.01] [DEFINITIONS.] 
 55.16     Subdivision 1.  [APPLICATION.] The terms defined in this 
 55.17  section and in section 331A.01 apply to this chapter. 
 55.18     Subd. 2.  [ELECTRONIC NOTICE.] "Electronic notice" means 
 55.19  e-mail whether individual or group listing. 
 55.20     Subd. 3.  [FAX.] "Fax" means transmission of a facsimile of 
 55.21  an original document by telephone, coaxial, or radio frequency 
 55.22  lines or equipment. 
 55.23     Subd. 4.  [WEB SITE.] "Web site" means a specific, 
 55.24  addressable location provided on a server connected to the 
 55.25  Internet and hosting World Wide Web pages and other files that 
 55.26  are generally accessible on the Internet all or most of a day. 
 55.27     Sec. 4.  [331B.02] [ANNUAL DESIGNATION OF PUBLICATION 
 55.28  METHODS.] 
 55.29     At the meeting of the governing body of the county at which 
 55.30  the governing body must designate its official newspaper for the 
 55.31  year, the governing body may designate in the same manner one or 
 55.32  more of the publication methods listed in section 331B.03.  The 
 55.33  publication methods in section 331B.03 may be used in place of 
 55.34  or in addition to publication under chapter 331A.  Each year 
 55.35  after designating an alternative method of publication under 
 55.36  this chapter, the county must publish in a qualified newspaper 
 56.1   in the jurisdiction and by the designated alternative means of 
 56.2   publication, the manner in which the local public corporation 
 56.3   will publish any proceedings or public notices required to be 
 56.4   published during the year. 
 56.5      Sec. 5.  [331B.03] [PUBLICATION METHODS AUTHORIZED.] 
 56.6      Subdivision 1.  [GOVERNMENT WEB SITE.] A county may publish 
 56.7   any proceedings or public notice required to be published by 
 56.8   posting the same information in substantially the same format 
 56.9   and for the same period of time as required for publication 
 56.10  under chapter 331A on the Web site of the local public 
 56.11  corporation. 
 56.12     Subd. 2.  [FAX.] A county may publish any proceedings or 
 56.13  public notice required to be published by faxing to all 
 56.14  interested or potentially affected persons the information in 
 56.15  substantially the same format as required for publication under 
 56.16  chapter 331A.  The county must maintain a current list of all 
 56.17  persons who want to receive faxes under this subdivision.  The 
 56.18  local county must receive confirmation of receipt of a fax sent 
 56.19  under this subdivision. 
 56.20     Subd. 3.  [ELECTRONIC NOTICE.] A county may publish any 
 56.21  proceedings or public notice required to be published by 
 56.22  electronically notifying all interested or potentially affected 
 56.23  persons of the information in substantially the same format as 
 56.24  required for publication under chapter 331A.  The county must 
 56.25  maintain a current list of all persons who want to receive 
 56.26  notice under this subdivision. 
 56.27     Sec. 6.  [331B.04] [RECORD RETENTION; AFFIDAVIT OF 
 56.28  PUBLICATION.] 
 56.29     Subdivision 1.  [RECORD RETENTION.] A county that uses an 
 56.30  alternative means of publication under this chapter must ensure 
 56.31  that a permanent record of publication is maintained in a form 
 56.32  accessible by the public. 
 56.33     Subd. 2.  [AFFIDAVIT OF PUBLICATION.] The county that uses 
 56.34  an alternative means of publication under this chapter must 
 56.35  provide for an affidavit of publication that meets the 
 56.36  provisions of section 331A.07. 
 57.1      Sec. 7.  [331B.05] [APPLICATION OF OTHER PROVISIONS OF 
 57.2   CHAPTER 331A.] 
 57.3      The provisions of chapter 331A apply to publication by 
 57.4   counties under this chapter, except as otherwise authorized or 
 57.5   provided for in this chapter. 
 57.6      Sec. 8.  Minnesota Statutes 2002, section 375.055, 
 57.7   subdivision 1, is amended to read: 
 57.8      Subdivision 1.  [FIXED BY COUNTY BOARD.] The county 
 57.9   commissioners in all counties, except Hennepin and Ramsey, shall 
 57.10  receive as compensation for services rendered by them for their 
 57.11  respective counties, annual salaries and in addition may receive 
 57.12  per diem payments and reimbursement for necessary expenses in 
 57.13  performing the duties of the office as set by resolution of the 
 57.14  county board.  The salary and schedule of per diem payments 
 57.15  shall not be effective until January 1 of the next year.  The 
 57.16  resolution shall contain a statement of the new salary on an 
 57.17  annual basis.  The board may establish a schedule of per diem 
 57.18  payments for service by individual county commissioners on any 
 57.19  board, committee, or commission of county government including 
 57.20  committees of the board, or for the performance of services by 
 57.21  individual county commissioners when required by law.  ~~In~~ 
 57.22  ~~addition to its publication in the official newspaper of the~~ 
 57.23  ~~county as part of the proceedings of the meeting of the county~~ 
 57.24  ~~board, the resolution setting the salary and schedule of per~~ 
 57.25  ~~diem payments shall be published in one other newspaper of the~~ 
 57.26  ~~county, if there is one located in a different municipality in~~ 
 57.27  ~~the county than the official newspaper.~~  The salary of a county 
 57.28  commissioner or the schedule of per diem payments shall not 
 57.29  change except in accordance with this subdivision. 
 57.30     Sec. 9.  [REPEALER.] 
 57.31     Minnesota Statutes 2002, sections 6.745; and 375.12, 
 57.32  subdivision 2, are repealed. 
 57.33                             ARTICLE 8 
 57.34                DELINQUENT PROPERTY TAX PUBLICATION 
 57.35     Section 1.  Minnesota Statutes 2002, section 279.09, is 
 57.36  amended to read: 
 58.1      279.09 [PUBLICATION OF NOTICE AND LIST.] 
 58.2      Subdivision 1.  [NEWSPAPER PUBLICATION.] The county auditor 
 58.3   shall cause the notice and list of delinquent real property to 
 58.4   be published ~~once in each of two consecutive weeks~~ in the 
 58.5   newspaper designated~~, the first publication of which shall be~~ 
 58.6   ~~made~~ on or before March 20 immediately following the filing of 
 58.7   such list with the court administrator of the district court.  
 58.8   The auditor shall deliver such list to the publisher of the 
 58.9   newspaper designated, at least 20 days before the date upon 
 58.10  which the list shall be published ~~for the first time~~.  
 58.11     Subd. 2.  [WEB SITE PUBLICATION.] In place of newspaper 
 58.12  publication at length, the county auditor may post the list 
 58.13  referred to in subdivision 1 on one or more official county Web 
 58.14  sites for a period of at least two weeks.  This alternative 
 58.15  publication is only permitted if the locations of not less than 
 58.16  three convenient sites where Internet-access viewing is 
 58.17  available free to county residents are published in the 
 58.18  newspaper as otherwise provided in subdivision 1 for the entire 
 58.19  list. 
 58.20     Sec. 2.  Minnesota Statutes 2002, section 279.10, is 
 58.21  amended to read: 
 58.22     279.10 [PUBLICATION CORRECTED.] 
 58.23     Immediately after preparing forms for printing such notice 
 58.24  and list, and at least five days before the ~~first~~ day for the 
 58.25  publication thereof, every such publisher shall furnish proof of 
 58.26  the proposed publication to the county auditor for correction.  
 58.27  When such copy has been corrected, the auditor shall return the 
 58.28  same to the printer, who shall publish it as corrected.  On the 
 58.29  ~~first~~ day on which such notice and list are published, the 
 58.30  publisher shall mail a copy of the newspaper containing the same 
 58.31  to the auditor.  If during the publication of the notice and 
 58.32  list, or within ten days after the ~~last~~ publication thereof, the 
 58.33  auditor shall discover that such publication is invalid, the 
 58.34  auditor shall forthwith direct the publisher to republish the 
 58.35  same as corrected for an additional period of ~~two weeks~~ one week.
 58.36  The publisher, if not neglectful, shall be entitled to the same 
 59.1   compensation as allowed by law for the original publication, but 
 59.2   shall receive no further compensation therefor if such 
 59.3   republication is necessary by reason of the neglect of the 
 59.4   publisher. 
 59.5                              ARTICLE 9 
 59.6                            VOTING RECORDS 
 59.7      Section 1.  Minnesota Statutes 2002, section 201.171, is 
 59.8   amended to read: 
 59.9      201.171 [POSTING VOTING HISTORY; FAILURE TO VOTE; 
 59.10  REGISTRATION REMOVED.] 
 59.11     ~~Within six weeks after every election~~ By December 31, the 
 59.12  county auditor shall post the voting history for every person 
 59.13  who voted in the election.  After the close of the calendar 
 59.14  year, the secretary of state shall determine if any registrants 
 59.15  have not voted during the preceding four years and shall change 
 59.16  the status of those registrants to "inactive" in the statewide 
 59.17  registration system.  The secretary of state shall also prepare 
 59.18  a report to the county auditor containing the names of all 
 59.19  registrants whose status was changed to "inactive." 
 59.20     Although not counted in an election, a late absentee ballot 
 59.21  must be considered a vote for the purpose of continuing 
 59.22  registration. 
 59.23                             ARTICLE 10 
 59.24                  COUNTY AUDITS AND LEGAL EXPENSES 
 59.25     Section 1.  Minnesota Statutes 2002, section 6.48, is 
 59.26  amended to read: 
 59.27     6.48 [EXAMINATION OF COUNTIES; COST, FEES.] 
 59.28     All the powers and duties conferred and imposed upon the 
 59.29  state auditor shall be exercised and performed by the state 
 59.30  auditor in respect to the offices, institutions, public 
 59.31  property, and improvements of several counties of the state.  At 
 59.32  least once in each year, if funds and personnel permit, the 
 59.33  state auditor ~~shall~~ may visit, without previous notice, each 
 59.34  county and make a thorough examination of all accounts and 
 59.35  records relating to the receipt and disbursement of the public 
 59.36  funds and the custody of the public funds and other 
 60.1   property.  The state auditor shall examine an annual audit and 
 60.2   its procedures, reports, working papers, and programs if 
 60.3   performed by a private certified public accountant.  The state 
 60.4   auditor shall prescribe and install systems of accounts and 
 60.5   financial reports that shall be uniform, so far as practicable, 
 60.6   for the same class of offices.  A copy of the report of such 
 60.7   examination shall be filed and be subject to public inspection 
 60.8   in the office of the state auditor and another copy in the 
 60.9   office of the auditor of the county thus examined.  The state 
 60.10  auditor may accept the records and audit, or any part thereof, 
 60.11  of the department of human services in lieu of examination of 
 60.12  the county social welfare funds, if such audit has been made 
 60.13  within any period covered by the state auditor's audit of the 
 60.14  other records of the county.  If any such examination shall 
 60.15  disclose malfeasance, misfeasance, or nonfeasance in any office 
 60.16  of such county, such report shall be filed with the county 
 60.17  attorney of the county, and the county attorney shall institute 
 60.18  such civil and criminal proceedings as the law and the 
 60.19  protection of the public interests shall require.  
 60.20     The county receiving any such examination shall pay to the 
 60.21  state general fund, notwithstanding the provisions of section 
 60.22  16A.125, the total cost and expenses of such examinations, 
 60.23  including the salaries paid to the examiners while actually 
 60.24  engaged in making such examination.  The state auditor on 
 60.25  deeming it advisable may bill counties, having a population of 
 60.26  200,000 or over, monthly for services rendered and the officials 
 60.27  responsible for approving and paying claims shall cause said 
 60.28  bill to be promptly paid.  The general fund shall be credited 
 60.29  with all collections made for any such examinations.  
 60.30     Sec. 2.  Minnesota Statutes 2002, section 6.54, is amended 
 60.31  to read: 
 60.32     6.54 [EXAMINATION OF COUNTY AND MUNICIPAL RECORDS PURSUANT 
 60.33  TO PETITION.] 
 60.34     The registered voters in a county or home rule charter or 
 60.35  statutory city or the electors at an annual or special town 
 60.36  meeting of a town may petition the state auditor to examine the 
 61.1   books, records, accounts, and affairs of the county, home rule 
 61.2   charter or statutory city, town, or of any organizational unit, 
 61.3   activity, project, enterprise, or fund thereof; and the scope of 
 61.4   the examination may be limited by the petition, but the 
 61.5   examination shall cover, at least, all cash received and 
 61.6   disbursed and the transactions relating thereto, provided that 
 61.7   the state auditor shall not examine more than the six latest 
 61.8   years preceding the circulation of the petition, unless it 
 61.9   appears to the state auditor during the examination that the 
 61.10  audit period should be extended to permit a full recovery under 
 61.11  bonds furnished by public officers or employees, and may if it 
 61.12  appears to the auditor in the public interest confine the period 
 61.13  or the scope of audit or both period and scope of audit, to less 
 61.14  than that requested by the petition.  In the case of a county or 
 61.15  home rule charter or statutory city, the petition shall be 
 61.16  signed by a number of registered voters at least equal to 20 
 61.17  percent of those voting in the last presidential election.  The 
 61.18  eligible voters of any school district may petition the state 
 61.19  auditor, who shall be subject to the same restrictions regarding 
 61.20  the scope and period of audit, provided that the petition shall 
 61.21  be signed by at least ten eligible voters for each 50 resident 
 61.22  pupils in average daily membership during the preceding school 
 61.23  year as shown on the records in the office of the commissioner 
 61.24  of children, families, and learning.  In the case of school 
 61.25  districts, the petition shall be signed by at least ten eligible 
 61.26  voters.  At the time it is circulated, every petition shall 
 61.27  contain a statement that the cost of the audit will be borne by 
 61.28  the county, city, or school district as provided by law.  Thirty 
 61.29  days before the petition is delivered to the state auditor it 
 61.30  shall be presented to the appropriate city or school district 
 61.31  clerk and the county auditor.  The county auditor shall 
 61.32  determine and certify whether the petition is signed by the 
 61.33  required number of registered voters or eligible voters as the 
 61.34  case may be.  The certificate shall be conclusive evidence 
 61.35  thereof in any action or proceeding for the recovery of the 
 61.36  costs, charges, and expenses of any examination made pursuant to 
 62.1   the petition. 
 62.2      Sec. 3.  Minnesota Statutes 2002, section 6.55, is amended 
 62.3   to read: 
 62.4      6.55 [EXAMINATION OF RECORDS PURSUANT TO RESOLUTION OF 
 62.5   GOVERNING BODY.] 
 62.6      The governing body of any city, town, county, or school 
 62.7   district, by appropriate resolution may ask the state auditor to 
 62.8   examine the books, records, accounts, and affairs of their 
 62.9   government, or of any organizational unit, activity, project, 
 62.10  enterprise, or fund thereof; and the state auditor shall examine 
 62.11  the same upon receiving, pursuant to said resolution, a written 
 62.12  request signed by a majority of the members of the governing 
 62.13  body; and the governing body of any public utility commission, 
 62.14  or of any public corporation having a body politic and 
 62.15  corporate, or of any instrumentality joint or several of any 
 62.16  city, town, county, or school district, may request an audit of 
 62.17  its books, records, accounts, and affairs in the same manner; 
 62.18  provided that the scope of the examination may be limited by the 
 62.19  request, but such examination shall cover, at least, all cash 
 62.20  received and disbursed and the transactions relating thereto.  
 62.21  Such written request shall be presented to the clerk, or 
 62.22  recording officer of such city, town, county, school district, 
 62.23  public utility commission, public corporation, or 
 62.24  instrumentality, before being presented to the state auditor, 
 62.25  who shall determine whether the same is signed by a majority of 
 62.26  the members of such governing body and, if found to be so 
 62.27  signed, shall certify such fact, and the fact that such 
 62.28  resolution was passed, which certificate shall be conclusive 
 62.29  evidence thereof in any action or proceedings for the recovery 
 62.30  of the costs, charges, and expenses of any examination made 
 62.31  pursuant to such request.  Nothing contained in any of the laws 
 62.32  of the state relating to the state auditor, shall be so 
 62.33  construed as to prevent any county, city, town, or school 
 62.34  district from employing a certified public accountant to examine 
 62.35  its books, records, accounts, and affairs.  For the purposes of 
 62.36  this section, the governing body of a town is the town board.  
 63.1      Sec. 4.  Minnesota Statutes 2002, section 6.64, is amended 
 63.2   to read: 
 63.3      6.64 [COOPERATION WITH PUBLIC ACCOUNTANTS; PUBLIC 
 63.4   ACCOUNTANT DEFINED.] 
 63.5      There shall be mutual cooperation between the state auditor 
 63.6   and public accountants in the performance of auditing, 
 63.7   accounting, and other related services for counties, cities, 
 63.8   towns, school districts, and other public corporations.  For the 
 63.9   purposes of sections 6.64 to 6.71, the term public accountant 
 63.10  shall have the meaning ascribed to it in section 412.222.  
 63.11     Sec. 5.  Minnesota Statutes 2002, section 6.66, is amended 
 63.12  to read: 
 63.13     6.66 [CERTAIN PRACTICES OF PUBLIC ACCOUNTANTS AUTHORIZED.] 
 63.14     Any public accountant may engage in the practice of 
 63.15  auditing the books, records, accounts, and affairs of counties, 
 63.16  cities, towns, school districts, and other public corporations 
 63.17  which are not otherwise required by law to be audited 
 63.18  exclusively by the state auditor.  
 63.19     Sec. 6.  Minnesota Statutes 2002, section 6.67, is amended 
 63.20  to read: 
 63.21     6.67 [PUBLIC ACCOUNTANTS; REPORT OF EVIDENCE POINTING TO 
 63.22  MISCONDUCT.] 
 63.23     Whenever a public accountant in the course of auditing the 
 63.24  books and affairs of a county, city, town, school district, or 
 63.25  other public corporations, shall discover evidence pointing to 
 63.26  nonfeasance, misfeasance, or malfeasance, on the part of an 
 63.27  officer or employee in the conduct of duties and affairs, the 
 63.28  public accountant shall promptly make a report of such discovery 
 63.29  to the state auditor and the county attorney of the county in 
 63.30  which the governmental unit is situated and the public 
 63.31  accountant shall also furnish a copy of the report of audit upon 
 63.32  completion to said officers.  The county attorney shall act on 
 63.33  such report in the same manner as required by law for reports 
 63.34  made to the county attorney by the state auditor.  
 63.35     Sec. 7.  Minnesota Statutes 2002, section 6.68, subdivision 
 63.36  1, is amended to read: 
 64.1      Subdivision 1.  [REQUEST TO GOVERNING BODY.] If in an audit 
 64.2   of a county, city, town, school district, or other public 
 64.3   corporation, a public accountant has need of the assistance of 
 64.4   the state auditor, the accountant may obtain such assistance by 
 64.5   requesting the governing body of the governmental unit being 
 64.6   examined to request the state auditor to perform such auditing 
 64.7   or investigative services, or both, as the matter and the public 
 64.8   interest require.  
 64.9      Sec. 8.  Minnesota Statutes 2002, section 6.70, is amended 
 64.10  to read: 
 64.11     6.70 [ACCESS TO REPORTS.] 
 64.12     The state auditor and the public accountants shall have 
 64.13  reasonable access to each other's audit reports, working papers, 
 64.14  and audit programs concerning audits made by each of counties, 
 64.15  cities, towns, school districts, and other public corporations.  
 64.16     Sec. 9.  Minnesota Statutes 2002, section 6.71, is amended 
 64.17  to read: 
 64.18     6.71 [SCOPE OF AUDITOR'S INVESTIGATION.] 
 64.19     Whenever the governing body of a county, city, town, or 
 64.20  school district shall have requested a public accountant to make 
 64.21  an audit of its books and affairs, and such audit is in progress 
 64.22  or has been completed, and freeholders petition or the governing 
 64.23  body requests or both the state auditor to make an examination 
 64.24  covering the same, or part of the same, period, the state 
 64.25  auditor may, in the public interest, limit the scope of the 
 64.26  examination to less than that specified in section 6.54, but the 
 64.27  scope shall cover, at least, an investigation of those 
 64.28  complaints which are within the state auditor's powers and 
 64.29  duties to investigate. 
 64.30     Sec. 10.  Minnesota Statutes 2002, section 6.77, is amended 
 64.31  to read: 
 64.32     6.77 [~~LOCAL GOVERNMENT~~ EXPENDITURES FOR LEGAL COSTS.] 
 64.33     (a) On or before January 1, 1998, and each year thereafter, 
 64.34  the state auditor shall collect from all ~~counties,~~ cities of the 
 64.35  first, second, and third class, and school districts with 
 64.36  enrollment exceeding 100 students, information as to expenditure 
 65.1   of public funds for legal services incurred to defend the entity 
 65.2   from lawsuits and amounts paid in voluntary settlements or 
 65.3   judgments in any lawsuit.  The data must include costs incurred 
 65.4   for any fees paid as retainers for outside counsel.  Fees paid 
 65.5   for attorneys who perform work on criminal or prosecutorial 
 65.6   matters must be reported.  
 65.7      (b) The state auditor shall make and file, annually, in the 
 65.8   state auditor's office a summary report of the information 
 65.9   collected.  Copies of the report may be made and distributed to 
 65.10  interested persons and governmental units. 
 65.11                             ARTICLE 11 
 65.12                     MISCELLANEOUS COUNTY FEES 
 65.13     Section 1.  Minnesota Statutes 2002, section 373.41, is 
 65.14  amended to read: 
 65.15     373.41 [MISCELLANEOUS FEES.] 
 65.16     The county may charge a fee to record, file, certify, or 
 65.17  provide copies of any instrument, document, or paper that is 
 65.18  required by law to be filed or which may be filed in any county 
 65.19  office.  The county may charge fees for service provided by any 
 65.20  county office, official, department, court, or employee.  The 
 65.21  county board may, after a public hearing, establish the amounts 
 65.22  of fees to be charged for the services, unless a statute has 
 65.23  specified the amount.  There must be a reasonable relation 
 65.24  between the fee and the cost of providing the service.  A county 
 65.25  may also impose a fee or an interest charge on payments of money 
 65.26  to the county that are more than ~~90~~ 30 days overdue, provided 
 65.27  that late property tax payments remain subject only to the 
 65.28  penalty and interest provisions of chapters 277 and 279. 
 65.29                             ARTICLE 12 
 65.30                  TIME DEADLINE FOR COUNTY ACTION 
 65.31     Section 1.  Minnesota Statutes 2002, section 15.99, 
 65.32  subdivision 1, is amended to read: 
 65.33     Subdivision 1.  [DEFINITION.] For purposes of this section, 
 65.34  "agency" means a department, agency, board, commission, or other 
 65.35  group in the executive branch of state government; a statutory 
 65.36  or home rule charter city, ~~county,~~ town, or school district; any 
 66.1   metropolitan agency or regional entity; and any other political 
 66.2   subdivision of the state. 
 66.3                              ARTICLE 13 
 66.4                  GRANTS IN AID TO SNOWMOBILE CLUBS 
 66.5      Section 1.  Minnesota Statutes 2002, section 84.83, is 
 66.6   amended by adding a subdivision to read: 
 66.7      Subd. 6.  [DIRECT DNR GRANTS.] Grants previously made under 
 66.8   this section by the commissioner to counties for pass-through to 
 66.9   snowmobile clubs and other nongovernment organizations to groom 
 66.10  and maintain snowmobile trails must hereafter be made directly 
 66.11  by the commissioner to the ultimate recipients without the 
 66.12  involvement of a county. 
 66.13                             ARTICLE 14
 66.14                       UNCASHED COUNTY CHECKS 
 66.15     Section 1.  [345.379] [UNCASHED COUNTY CHECKS REVERT TO 
 66.16  COUNTY.] 
 66.17     Notwithstanding sections 345.31 to 345.60, a county check 
 66.18  remaining uncashed after three years despite the county's due 
 66.19  diligence to find the rightful payee need not be paid or honored 
 66.20  for payment if the county treasurer voids the check and so 
 66.21  notifies the bank on whose county account the check is drawn.  
 66.22  For good cause shown, the county may issue a new check at its 
 66.23  discretion after three years have elapsed.  The uncashed check 
 66.24  need not be reported to the state and need not be delivered to 
 66.25  the state for disposition under sections 345.31 to 345.60.