1.1                          A bill for an act 
  1.2             relating to legislation; correcting erroneous, 
  1.3             ambiguous, and omitted text and obsolete references; 
  1.4             eliminating certain redundant, conflicting, and 
  1.5             superseded provisions; making miscellaneous technical 
  1.6             corrections to statutes and other laws; amending 
  1.7             Minnesota Statutes 2004, sections 4.077, subdivision 
  1.8             1; 10A.04, subdivision 6; 13.32, subdivision 3; 
  1.9             13.321, by adding a subdivision; 13.381, by adding a 
  1.10            subdivision; 13.46, subdivision 2; 13.47, subdivision 
  1.11            1; 13.4963, subdivision 2; 15.0591, subdivision 2; 
  1.12            15.39, subdivision 2; 16B.31, subdivision 1; 17.43; 
  1.13            18C.60, subdivision 1; 28.15; 32.645; 47.59, 
  1.14            subdivision 2; 62I.13, subdivision 3; 62L.17, 
  1.15            subdivision 2a; 64B.37, subdivision 2; 82.33, 
  1.16            subdivision 4; 84.8712, subdivisions 2, 3, 4, 6; 
  1.17            85.22, subdivision 2a; 89.01, subdivision 5a; 115B.20, 
  1.18            subdivision 2; 116J.871, subdivision 3; 119B.25, 
  1.19            subdivision 2; 124D.68, subdivision 2; 127A.10; 
  1.20            137.09; 144.6501, subdivision 1; 145B.04; 152.027, 
  1.21            subdivision 4; 155A.03, subdivision 1; 155A.16; 
  1.22            161.1419, subdivision 8; 168.275; 168.33, subdivision 
  1.23            2a; 169.21, subdivision 2; 169.50, subdivision 1; 
  1.24            169.59, subdivision 4; 169A.55, subdivision 3; 
  1.25            171.181, subdivision 1; 177.23, subdivision 7; 181.30; 
  1.26            201.014, subdivision 2; 201.071, subdivision 1; 
  1.27            201.15, subdivision 1; 204B.10, subdivision 6; 
  1.28            216B.61; 219.57, subdivision 6; 234.23; 235.10; 
  1.29            235.13; 237.763; 238.37; 238.38; 238.42; 239.791, 
  1.30            subdivision 15; 244.05, subdivisions 4, 5; 245.466, 
  1.31            subdivision 1; 245.4875, subdivision 1; 245.75; 
  1.32            246.01; 246B.04, subdivision 2; 252.24, subdivision 5; 
  1.33            252A.03, subdivisions 1, 4; 252A.101, subdivisions 1, 
  1.34            5; 253B.23, subdivision 2; 256.93, subdivision 1; 
  1.35            256B.055, subdivision 12; 256B.0625, subdivision 6a; 
  1.36            256B.0627, subdivisions 1, 5; 256B.0917, subdivisions 
  1.37            4, 5; 256B.0951, subdivision 8; 256B.431, subdivision 
  1.38            14; 256G.01, subdivision 3; 256L.07, subdivision 1; 
  1.39            256L.15, subdivision 2; 256M.10, subdivision 5; 
  1.40            257B.08; 259.21, subdivision 4; 260B.007, subdivision 
  1.41            16; 260C.101, subdivision 2; 276.04, subdivision 2; 
  1.42            290.095, subdivision 1; 299D.07; 299F.051, subdivision 
  1.43            4; 299F.093, subdivision 1; 302A.011, subdivision 16; 
  1.44            303.03; 303.25, subdivision 1; 321.0210; 321.1114; 
  1.45            322B.03, subdivision 27; 325F.40; 325N.15; 329.17; 
  1.46            333.135; 336.4A-105; 343.40, subdivision 3; 345.14; 
  2.1             346.05; 353.01, subdivision 2; 353.34, subdivision 3a; 
  2.2             356.431, subdivision 1; 395.22; 458D.02, subdivision 
  2.3             2; 469.104; 473.845, subdivision 1; 481.05; 501B.18; 
  2.4             501B.19; 514.996, subdivision 3; 515B.4-102; 
  2.5             524.2-114; 525.9212; 525.95, subdivision 1; 527.38; 
  2.6             527.39; 529.12; 540.18, subdivision 1; 580.041, 
  2.7             subdivision 2; 624.64; 624.67; 626.84, subdivision 1; 
  2.8             629.11; 631.04; Laws 2003, First Special Session 
  2.9             chapter 11, article 2, section 21; Laws 2004, chapter 
  2.10            199, article 12, section 108; Laws 2004, chapter 261, 
  2.11            article 6, section 5; repealing Minnesota Statutes 
  2.12            2004, sections 115B.49, subdivision 4a; 306.13; 
  2.13            315.43; 317A.909, subdivision 4; 357.12; 367.40, 
  2.14            subdivisions 3, 4; 367.401, subdivision 4; 367.42; 
  2.15            398.35, subdivision 2; Laws 2001, First Special 
  2.16            Session chapter 10, article 10, section 1; Laws 2003, 
  2.17            chapter 8, section 2; Laws 2004, chapter 219, section 
  2.18            1; Laws 2004, chapter 288, article 3, section 5; 
  2.19            Minnesota Rules, parts 6700.0100, subpart 14; 
  2.20            6700.1300; 9055.0125; 9055.0500; 9055.0510; 9055.0520; 
  2.21            9055.0530; 9055.0540; 9055.0550; 9055.0560; 9055.0570; 
  2.22            9055.0580; 9055.0590; 9055.0600; 9055.0610. 
  2.23  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.24                             ARTICLE 1 
  2.25                              GENERAL 
  2.26     Section 1.  Minnesota Statutes 2004, section 4.077, 
  2.27  subdivision 1, is amended to read: 
  2.28     Subdivision 1.  [PLAN TO RENOVATE COURTS BUILDING.] (a) The 
  2.29  Old Federal Courts Building in the city of St. Paul, described 
  2.30  in the registry of historic sites in section 138.57, and called 
  2.31  in this section the "courts building," is an outstanding example 
  2.32  of federal architecture of its period and a significant symbol 
  2.33  of constitutional government which spans much of this state's 
  2.34  history.  Its acquisition, preservation, and appropriate use is 
  2.35  a concern of the state and an important aspect of state policy 
  2.36  declared in the Historic Sites Act of 1965.  
  2.37     (b) The legislature is informed that feasible renovation 
  2.38  and remodeling of the structure of this historic site would make 
  2.39  it suitable to meet existing and foreseeable need of the state 
  2.40  for school, classroom, and other educational use, or for use in 
  2.41  the protection of public health, and such practical adaptation 
  2.42  of the courts building should not be incompatible, but rather in 
  2.43  keeping with, continued observance of the building as an 
  2.44  historic monument.  
  2.45     (c) National policy expressed in enactments of the Congress 
  2.46  (including, but not necessarily limited to, the Surplus Property 
  3.1   Act of 1944 and Federal Property and Administrative Services Act 
  3.2   of 1949) make this historic site, now held by and subject to the 
  3.3   control of the administrator of the General Service 
  3.4   Administration, available to this state, its political 
  3.5   subdivisions or instrumentalities upon compliance with the 
  3.6   conditions of the statutes and rules promulgated thereunder for 
  3.7   educational use or use in the protection of the public health, 
  3.8   or as an historic monument for the benefit of the public. 
  3.9      Sec. 2.  Minnesota Statutes 2004, section 10A.04, 
  3.10  subdivision 6, is amended to read: 
  3.11     Subd. 6.  [PRINCIPAL REPORTS.] (a) A principal must report 
  3.12  to the board as required in this subdivision by March 15 for the 
  3.13  preceding calendar year.  Along with the report, the principal 
  3.14  must pay a fee of $50, except as otherwise provided in this 
  3.15  subdivision.  The fee must be no more than necessary to cover 
  3.16  the cost of administering sections 10A.03 to 10A.06.  The amount 
  3.17  of the fee is subject to change each biennium in accordance with 
  3.18  the budget request made by the board.  The fee requirement 
  3.19  expires June 30, 2004. 
  3.20     (b) The principal must report the total amount, rounded to 
  3.21  the nearest $20,000, spent by the principal during the preceding 
  3.22  calendar year to influence legislative action, administrative 
  3.23  action, and the official action of metropolitan governmental 
  3.24  units. 
  3.25     (c) The principal must report under this subdivision a 
  3.26  total amount that includes: 
  3.27     (1) all direct payments by the principal to lobbyists in 
  3.28  this state; 
  3.29     (2) all expenditures for advertising, mailing, research, 
  3.30  analysis, compilation and dissemination of information, and 
  3.31  public relations campaigns related to legislative action, 
  3.32  administrative action, or the official action of metropolitan 
  3.33  governmental units in this state; and 
  3.34     (3) all salaries and administrative expenses attributable 
  3.35  to activities of the principal relating to efforts to influence 
  3.36  legislative action, administrative action, or the official 
  4.1   action of metropolitan governmental units in this state. 
  4.2      Sec. 3.  Minnesota Statutes 2004, section 13.32, 
  4.3   subdivision 3, is amended to read: 
  4.4      Subd. 3.  [PRIVATE DATA; WHEN DISCLOSURE IS PERMITTED.] 
  4.5   Except as provided in subdivision 5, educational data is private 
  4.6   data on individuals and shall not be disclosed except as follows:
  4.7      (a) pursuant to section 13.05; 
  4.8      (b) pursuant to a valid court order; 
  4.9      (c) pursuant to a statute specifically authorizing access 
  4.10  to the private data; 
  4.11     (d) to disclose information in health and safety 
  4.12  emergencies pursuant to the provisions of United States Code, 
  4.13  title 20, section 1232g(b)(1)(I) and Code of Federal 
  4.14  Regulations, title 34, section 99.36; 
  4.15     (e) pursuant to the provisions of United States Code, title 
  4.16  20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B), 
  4.17  (b)(3) and Code of Federal Regulations, title 34, sections 
  4.18  99.31, 99.32, 99.33, 99.34, and 99.35; 
  4.19     (f) to appropriate health authorities to the extent 
  4.20  necessary to administer immunization programs and for bona fide 
  4.21  epidemiologic investigations which the commissioner of health 
  4.22  determines are necessary to prevent disease or disability to 
  4.23  individuals in the public educational agency or institution in 
  4.24  which the investigation is being conducted; 
  4.25     (g) when disclosure is required for institutions that 
  4.26  participate in a program under title IV of the Higher Education 
  4.27  Act, United States Code, title 20, chapter section 1092; 
  4.28     (h) to the appropriate school district officials to the 
  4.29  extent necessary under subdivision 6, annually to indicate the 
  4.30  extent and content of remedial instruction, including the 
  4.31  results of assessment testing and academic performance at a 
  4.32  postsecondary institution during the previous academic year by a 
  4.33  student who graduated from a Minnesota school district within 
  4.34  two years before receiving the remedial instruction; 
  4.35     (i) to appropriate authorities as provided in United States 
  4.36  Code, title 20, section 1232g(b)(1)(E)(ii), if the data concern 
  5.1   the juvenile justice system and the ability of the system to 
  5.2   effectively serve, prior to adjudication, the student whose 
  5.3   records are released; provided that the authorities to whom the 
  5.4   data are released submit a written request for the data that 
  5.5   certifies that the data will not be disclosed to any other 
  5.6   person except as authorized by law without the written consent 
  5.7   of the parent of the student and the request and a record of the 
  5.8   release are maintained in the student's file; 
  5.9      (j) to volunteers who are determined to have a legitimate 
  5.10  educational interest in the data and who are conducting 
  5.11  activities and events sponsored by or endorsed by the 
  5.12  educational agency or institution for students or former 
  5.13  students; 
  5.14     (k) to provide student recruiting information, from 
  5.15  educational data held by colleges and universities, as required 
  5.16  by and subject to Code of Federal Regulations, title 32, section 
  5.17  216; 
  5.18     (l) to the juvenile justice system if information about the 
  5.19  behavior of a student who poses a risk of harm is reasonably 
  5.20  necessary to protect the health or safety of the student or 
  5.21  other individuals; 
  5.22     (m) with respect to Social Security numbers of students in 
  5.23  the adult basic education system, to Minnesota State Colleges 
  5.24  and Universities and the Department of Employment and Economic 
  5.25  Development for the purpose and in the manner described in 
  5.26  section 124D.52, subdivision 7; or 
  5.27     (n) to the commissioner of education for purposes of an 
  5.28  assessment or investigation of a report of alleged maltreatment 
  5.29  of a student as mandated by section 626.556.  Upon request by 
  5.30  the commissioner of education, data that are relevant to a 
  5.31  report of maltreatment and are from charter school and school 
  5.32  district investigations of alleged maltreatment of a student 
  5.33  must be disclosed to the commissioner, including, but not 
  5.34  limited to, the following: 
  5.35     (1) information regarding the student alleged to have been 
  5.36  maltreated; 
  6.1      (2) information regarding student and employee witnesses; 
  6.2      (3) information regarding the alleged perpetrator; and 
  6.3      (4) what corrective or protective action was taken, if any, 
  6.4   by the school facility in response to a report of maltreatment 
  6.5   by an employee or agent of the school or school district. 
  6.6      Sec. 4.  Minnesota Statutes 2004, section 13.321, is 
  6.7   amended by adding a subdivision to read: 
  6.8      Subd. 2a.  [SCHOOL ACCOUNTABILITY.] Certain school 
  6.9   accountability data are governed by section 120B.36, 
  6.10  subdivisions 1, paragraph (e), and 2. 
  6.11     Sec. 5.  Minnesota Statutes 2004, section 13.381, is 
  6.12  amended by adding a subdivision to read: 
  6.13     Subd. 7a.  [FACILITY REQUIREMENTS.] Data provided to, filed 
  6.14  with, or created or obtained by the commissioner of health under 
  6.15  section 144.7065 are classified as provided in section 144.7065, 
  6.16  subdivision 10. 
  6.17     Sec. 6.  Minnesota Statutes 2004, section 13.46, 
  6.18  subdivision 2, is amended to read: 
  6.19     Subd. 2.  [GENERAL.] (a) Unless the data is summary data or 
  6.20  a statute specifically provides a different classification, data 
  6.21  on individuals collected, maintained, used, or disseminated by 
  6.22  the welfare system is private data on individuals, and shall not 
  6.23  be disclosed except:  
  6.24     (1) according to section 13.05; 
  6.25     (2) according to court order; 
  6.26     (3) according to a statute specifically authorizing access 
  6.27  to the private data; 
  6.28     (4) to an agent of the welfare system, including a law 
  6.29  enforcement person, attorney, or investigator acting for it in 
  6.30  the investigation or prosecution of a criminal or civil 
  6.31  proceeding relating to the administration of a program; 
  6.32     (5) to personnel of the welfare system who require the data 
  6.33  to verify an individual's identity; determine eligibility, 
  6.34  amount of assistance, and the need to provide services to an 
  6.35  individual or family across programs; evaluate the effectiveness 
  6.36  of programs; and investigate suspected fraud; 
  7.1      (6) to administer federal funds or programs; 
  7.2      (7) between personnel of the welfare system working in the 
  7.3   same program; 
  7.4      (8) to the Department of Revenue to administer and evaluate 
  7.5   tax refund or tax credit programs and to identify individuals 
  7.6   who may benefit from these programs.  The following information 
  7.7   may be disclosed under this paragraph:  an individual's and 
  7.8   their dependent's names, dates of birth, Social Security 
  7.9   numbers, income, addresses, and other data as required, upon 
  7.10  request by the Department of Revenue.  Disclosures by the 
  7.11  commissioner of revenue to the commissioner of human services 
  7.12  for the purposes described in this clause are governed by 
  7.13  section 270B.14, subdivision 1.  Tax refund or tax credit 
  7.14  programs include, but are not limited to, the dependent care 
  7.15  credit under section 290.067, the Minnesota working family 
  7.16  credit under section 290.0671, the property tax refund and 
  7.17  rental credit under section 290A.04, and the Minnesota education 
  7.18  credit under section 290.0674; 
  7.19     (9) between the Department of Human Services, the 
  7.20  Department of Education, and the Department of Employment and 
  7.21  Economic Development for the purpose of monitoring the 
  7.22  eligibility of the data subject for unemployment benefits, for 
  7.23  any employment or training program administered, supervised, or 
  7.24  certified by that agency, for the purpose of administering any 
  7.25  rehabilitation program or child care assistance program, whether 
  7.26  alone or in conjunction with the welfare system, or to monitor 
  7.27  and evaluate the Minnesota family investment program by 
  7.28  exchanging data on recipients and former recipients of food 
  7.29  support, cash assistance under chapter 256, 256D, 256J, or 256K, 
  7.30  child care assistance under chapter 119B, or medical programs 
  7.31  under chapter 256B, 256D, or 256L; 
  7.32     (10) to appropriate parties in connection with an emergency 
  7.33  if knowledge of the information is necessary to protect the 
  7.34  health or safety of the individual or other individuals or 
  7.35  persons; 
  7.36     (11) data maintained by residential programs as defined in 
  8.1   section 245A.02 may be disclosed to the protection and advocacy 
  8.2   system established in this state according to Part C of Public 
  8.3   Law 98-527 to protect the legal and human rights of persons with 
  8.4   mental retardation or other related conditions who live in 
  8.5   residential facilities for these persons if the protection and 
  8.6   advocacy system receives a complaint by or on behalf of that 
  8.7   person and the person does not have a legal guardian or the 
  8.8   state or a designee of the state is the legal guardian of the 
  8.9   person; 
  8.10     (12) to the county medical examiner or the county coroner 
  8.11  for identifying or locating relatives or friends of a deceased 
  8.12  person; 
  8.13     (13) data on a child support obligor who makes payments to 
  8.14  the public agency may be disclosed to the Higher Education 
  8.15  Services Office to the extent necessary to determine eligibility 
  8.16  under section 136A.121, subdivision 2, clause (5); 
  8.17     (14) participant Social Security numbers and names 
  8.18  collected by the telephone assistance program may be disclosed 
  8.19  to the Department of Revenue to conduct an electronic data match 
  8.20  with the property tax refund database to determine eligibility 
  8.21  under section 237.70, subdivision 4a; 
  8.22     (15) the current address of a Minnesota family investment 
  8.23  program participant may be disclosed to law enforcement officers 
  8.24  who provide the name of the participant and notify the agency 
  8.25  that: 
  8.26     (i) the participant: 
  8.27     (A) is a fugitive felon fleeing to avoid prosecution, or 
  8.28  custody or confinement after conviction, for a crime or attempt 
  8.29  to commit a crime that is a felony under the laws of the 
  8.30  jurisdiction from which the individual is fleeing; or 
  8.31     (B) is violating a condition of probation or parole imposed 
  8.32  under state or federal law; 
  8.33     (ii) the location or apprehension of the felon is within 
  8.34  the law enforcement officer's official duties; and 
  8.35     (iii) the request is made in writing and in the proper 
  8.36  exercise of those duties; 
  9.1      (16) the current address of a recipient of general 
  9.2   assistance or general assistance medical care may be disclosed 
  9.3   to probation officers and corrections agents who are supervising 
  9.4   the recipient and to law enforcement officers who are 
  9.5   investigating the recipient in connection with a felony level 
  9.6   offense; 
  9.7      (17) information obtained from food support applicant or 
  9.8   recipient households may be disclosed to local, state, or 
  9.9   federal law enforcement officials, upon their written request, 
  9.10  for the purpose of investigating an alleged violation of the 
  9.11  Food Stamp Act, according to Code of Federal Regulations, title 
  9.12  7, section 272.1(c); 
  9.13     (18) the address, Social Security number, and, if 
  9.14  available, photograph of any member of a household receiving 
  9.15  food support shall be made available, on request, to a local, 
  9.16  state, or federal law enforcement officer if the officer 
  9.17  furnishes the agency with the name of the member and notifies 
  9.18  the agency that:  
  9.19     (i) the member: 
  9.20     (A) is fleeing to avoid prosecution, or custody or 
  9.21  confinement after conviction, for a crime or attempt to commit a 
  9.22  crime that is a felony in the jurisdiction the member is 
  9.23  fleeing; 
  9.24     (B) is violating a condition of probation or parole imposed 
  9.25  under state or federal law; or 
  9.26     (C) has information that is necessary for the officer to 
  9.27  conduct an official duty related to conduct described in subitem 
  9.28  (A) or (B); 
  9.29     (ii) locating or apprehending the member is within the 
  9.30  officer's official duties; and 
  9.31     (iii) the request is made in writing and in the proper 
  9.32  exercise of the officer's official duty; 
  9.33     (19) the current address of a recipient of Minnesota family 
  9.34  investment program, general assistance, general assistance 
  9.35  medical care, or food support may be disclosed to law 
  9.36  enforcement officers who, in writing, provide the name of the 
 10.1   recipient and notify the agency that the recipient is a person 
 10.2   required to register under section 243.166, but is not residing 
 10.3   at the address at which the recipient is registered under 
 10.4   section 243.166; 
 10.5      (20) certain information regarding child support obligors 
 10.6   who are in arrears may be made public according to section 
 10.7   518.575; 
 10.8      (21) data on child support payments made by a child support 
 10.9   obligor and data on the distribution of those payments excluding 
 10.10  identifying information on obligees may be disclosed to all 
 10.11  obligees to whom the obligor owes support, and data on the 
 10.12  enforcement actions undertaken by the public authority, the 
 10.13  status of those actions, and data on the income of the obligor 
 10.14  or obligee may be disclosed to the other party; 
 10.15     (22) data in the work reporting system may be disclosed 
 10.16  under section 256.998, subdivision 7; 
 10.17     (23) to the Department of Education for the purpose of 
 10.18  matching Department of Education student data with public 
 10.19  assistance data to determine students eligible for free and 
 10.20  reduced price meals, meal supplements, and free milk according 
 10.21  to United States Code, title 42, sections 1758, 1761, 1766, 
 10.22  1766a, 1772, and 1773; to allocate federal and state funds that 
 10.23  are distributed based on income of the student's family; and to 
 10.24  verify receipt of energy assistance for the telephone assistance 
 10.25  plan; 
 10.26     (24) the current address and telephone number of program 
 10.27  recipients and emergency contacts may be released to the 
 10.28  commissioner of health or a local board of health as defined in 
 10.29  section 145A.02, subdivision 2, when the commissioner or local 
 10.30  board of health has reason to believe that a program recipient 
 10.31  is a disease case, carrier, suspect case, or at risk of illness, 
 10.32  and the data are necessary to locate the person; 
 10.33     (25) to other state agencies, statewide systems, and 
 10.34  political subdivisions of this state, including the attorney 
 10.35  general, and agencies of other states, interstate information 
 10.36  networks, federal agencies, and other entities as required by 
 11.1   federal regulation or law for the administration of the child 
 11.2   support enforcement program; 
 11.3      (26) to personnel of public assistance programs as defined 
 11.4   in section 256.741, for access to the child support system 
 11.5   database for the purpose of administration, including monitoring 
 11.6   and evaluation of those public assistance programs; 
 11.7      (27) to monitor and evaluate the Minnesota family 
 11.8   investment program by exchanging data between the Departments of 
 11.9   Human Services and Education, on recipients and former 
 11.10  recipients of food support, cash assistance under chapter 256, 
 11.11  256D, 256J, or 256K, child care assistance under chapter 119B, 
 11.12  or medical programs under chapter 256B, 256D, or 256L; 
 11.13     (28) to evaluate child support program performance and to 
 11.14  identify and prevent fraud in the child support program by 
 11.15  exchanging data between the Department of Human Services, 
 11.16  Department of Revenue under section 270B.14, subdivision 1, 
 11.17  paragraphs (a) and (b), without regard to the limitation of use 
 11.18  in paragraph (c), Department of Health, Department of Employment 
 11.19  and Economic Development, and other state agencies as is 
 11.20  reasonably necessary to perform these functions; or 
 11.21     (29) counties operating child care assistance programs 
 11.22  under chapter 119B may disseminate data on program participants, 
 11.23  applicants, and providers to the commissioner of education. 
 11.24     (b) Information on persons who have been treated for drug 
 11.25  or alcohol abuse may only be disclosed according to the 
 11.26  requirements of Code of Federal Regulations, title 42, sections 
 11.27  2.1 to 2.67. 
 11.28     (c) Data provided to law enforcement agencies under 
 11.29  paragraph (a), clause (15), (16), (17), or (18), or paragraph 
 11.30  (b), are investigative data and are confidential or protected 
 11.31  nonpublic while the investigation is active.  The data are 
 11.32  private after the investigation becomes inactive under section 
 11.33  13.82, subdivision 5, paragraph (a) or (b). 
 11.34     (d) Mental health data shall be treated as provided in 
 11.35  subdivisions 7, 8, and 9, but is not subject to the access 
 11.36  provisions of subdivision 10, paragraph (b). 
 12.1      For the purposes of this subdivision, a request will be 
 12.2   deemed to be made in writing if made through a computer 
 12.3   interface system. 
 12.4      Sec. 7.  Minnesota Statutes 2004, section 13.47, 
 12.5   subdivision 1, is amended to read: 
 12.6      Subdivision 1.  [DEFINITION.] (a) "Employment and training 
 12.7   data" means data on individuals collected, maintained, used, or 
 12.8   disseminated because an individual applies for, is currently 
 12.9   enrolled in, or has been enrolled in employment and training 
 12.10  programs funded with federal, state, or local resources, 
 12.11  including those provided under the Workforce Investment Act of 
 12.12  1998, United States Code, title 29, section 2801. 
 12.13     (b) "Employment and training service provider" means an 
 12.14  entity certified, or seeking to be certified, by the 
 12.15  commissioner of employment and economic development to deliver 
 12.16  employment and training services under section 268.0122 
 12.17  116J.401, subdivision 3 2, or an organization that contracts 
 12.18  with a certified entity or the Department of Employment and 
 12.19  Economic Development to deliver employment and training services.
 12.20     (c) "Provider of training services" means an organization 
 12.21  or entity that provides training under the Workforce Investment 
 12.22  Act of 1998, United States Code, title 29, section 2801. 
 12.23     Sec. 8.  Minnesota Statutes 2004, section 13.4963, 
 12.24  subdivision 2, is amended to read: 
 12.25     Subd. 2.  [GENERALLY.] Classification and disclosure of tax 
 12.26  data created, collected, or maintained by the Department of 
 12.27  Revenue under section 273.1315, chapter 115B, 289A (except for 
 12.28  taxes imposed under sections 298.01, 298.015, and 298.24), 290, 
 12.29  290A, 291, 295, 297A, or 297H, or any similar Indian tribal tax 
 12.30  administered by the commissioner according to a tax agreement 
 12.31  between the state and an Indian tribal government are governed 
 12.32  by chapter 270B. 
 12.33     Sec. 9.  Minnesota Statutes 2004, section 15.0591, 
 12.34  subdivision 2, is amended to read: 
 12.35     Subd. 2.  [BODIES AFFECTED.] A member meeting the 
 12.36  qualifications in subdivision 1 must be appointed to the 
 13.1   following boards, commissions, advisory councils, task forces, 
 13.2   or committees:  
 13.3      (1) Advisory Council on Battered Women and Domestic Abuse; 
 13.4      (2) Advisory Task Force on the Use of State Facilities; 
 13.5      (3) Alcohol and Other Drug Abuse Advisory Council; 
 13.6      (4) Board of Examiners for Nursing Home Administrators; 
 13.7      (5) Board on Aging; 
 13.8      (6) Chiropractic Examiners Board; 
 13.9      (7) Council on Disability; 
 13.10     (8) Council on Affairs of Chicano/Latino People; 
 13.11     (9) Council on Black Minnesotans; 
 13.12     (10) Dentistry Board; 
 13.13     (11) Higher Education Services Office; 
 13.14     (12) Housing Finance Agency; 
 13.15     (13) Indian Advisory Council on Chemical Dependency; 
 13.16     (14) Medical Practice Board; 
 13.17     (15) Medical Policy Directional Task Force on Mental 
 13.18  Health; 
 13.19     (16) Minnesota State Arts Board; 
 13.20     (17) (16) Nursing Board; 
 13.21     (18) (17) Optometry Board; 
 13.22     (19) (18) Pharmacy Board; 
 13.23     (20) (19) Board of Physical Therapy; 
 13.24     (21) (20) Podiatry Board; 
 13.25     (22) (21) Psychology Board. 
 13.26     Sec. 10.  Minnesota Statutes 2004, section 15.39, 
 13.27  subdivision 2, is amended to read: 
 13.28     Subd. 2.  [REQUISITION AUTHORITY.] The commissioner is 
 13.29  authorized to requisition from the economic security 
 13.30  administration fund any amount necessary to pay premiums for the 
 13.31  insurance specified in subdivision 1 and money in the amount 
 13.32  necessary is appropriated for that purpose. 
 13.33     Sec. 11.  Minnesota Statutes 2004, section 16B.31, 
 13.34  subdivision 1, is amended to read: 
 13.35     Subdivision 1.  [CONSTRUCTION PLANS AND SPECIFICATIONS.] 
 13.36  (a) The commissioner shall (1) have plans and specifications 
 14.1   prepared for the construction, alteration, or enlargement of all 
 14.2   state buildings, structures, and other improvements except 
 14.3   highways and bridges, and except for buildings and structures 
 14.4   under the control of the Board of Regents of the University of 
 14.5   Minnesota or of the Board of Trustees of the Minnesota State 
 14.6   Colleges and Universities; (2) approve those plans and 
 14.7   specifications; (3) advertise for bids and award all contracts 
 14.8   in connection with the improvements; (4) supervise and inspect 
 14.9   all work relating to the improvements; (5) approve all lawful 
 14.10  changes in plans and specifications after the contract for an 
 14.11  improvement is let; and (6) approve estimates for payment.  This 
 14.12  subdivision does not apply to the construction of the Zoological 
 14.13  Gardens.  
 14.14     (b) MS 2002 (Expired) 
 14.15     (c) MS 2002 (Expired) 
 14.16     (d) The commissioner, the board, the Board of Regents of 
 14.17  the University of Minnesota, and the Board of Trustees of the 
 14.18  Minnesota State Colleges and Universities shall create a panel 
 14.19  of representatives, including representatives of the 
 14.20  construction industry and the architecture and engineering 
 14.21  professions, to evaluate the use of design-build and the 
 14.22  procedures for design-builder selection under section 16C.31, 
 14.23  and shall report to the legislature on or before January 1, 
 14.24  2004, as to the success of design-build as a method of 
 14.25  construction and the need and desirability for any changes in 
 14.26  the selection procedure. 
 14.27     Sec. 12.  Minnesota Statutes 2004, section 18C.60, 
 14.28  subdivision 1, is amended to read: 
 14.29     Subdivision 1.  [DEFINITIONS DEFINITION.] (a) The 
 14.30  definitions in this subdivision apply to this section. 
 14.31     (b) "Metropolitan county" means any one of the following 
 14.32  counties:  Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or 
 14.33  Washington. 
 14.34     (c) For the purpose of this section, "turf" means noncrop 
 14.35  land planted in closely mowed, managed grasses including, but 
 14.36  not limited to, residential and commercial residential property, 
 15.1   private golf courses, and property owned by federal, state, or 
 15.2   local units of government, including parks, recreation areas, 
 15.3   and public golf courses.  Turf does not mean pasture, hayland, 
 15.4   hay, turf grown on turf farms, or any other form of agricultural 
 15.5   production. 
 15.6      Sec. 13.  Minnesota Statutes 2004, section 47.59, 
 15.7   subdivision 2, is amended to read: 
 15.8      Subd. 2.  [APPLICATION.] Extensions of credit or purchases 
 15.9   of extensions of credit by financial institutions under sections 
 15.10  47.20, 47.21, 47.201, 47.204, 47.58, 47.60, 48.153, 48.185, 
 15.11  48.195, 59A.01 to 59A.15, 334.01, 334.011, 334.012, 334.022, 
 15.12  334.06, and 334.061 to 334.19 may, but need not, be made 
 15.13  according to those sections in lieu of the authority set forth 
 15.14  in this section to the extent those sections authorize the 
 15.15  financial institution to make extensions of credit or purchase 
 15.16  extensions of credit under those sections.  If a financial 
 15.17  institution elects to make an extension of credit or to purchase 
 15.18  an extension of credit under those other sections, the extension 
 15.19  of credit or the purchase of an extension of credit is subject 
 15.20  to those sections and not this section, except this subdivision, 
 15.21  and except as expressly provided in those sections.  A financial 
 15.22  institution may also charge an organization a rate of interest 
 15.23  and any charges agreed to by the organization and may calculate 
 15.24  and collect finance and other charges in any manner agreed to by 
 15.25  that organization.  Except for extensions of credit a financial 
 15.26  institution elects to make under section 334.01, 334.011, 
 15.27  334.012, 334.021 334.022, 334.06, or 334.061 to 334.19, chapter 
 15.28  334 does not apply to extensions of credit made according to 
 15.29  this section or the sections listed in this subdivision.  This 
 15.30  subdivision does not authorize a financial institution to extend 
 15.31  credit or purchase an extension of credit under any of the 
 15.32  sections listed in this subdivision if the financial institution 
 15.33  is not authorized to do so under those sections.  A financial 
 15.34  institution extending credit under any of the sections listed in 
 15.35  this subdivision shall specify in the promissory note, contract, 
 15.36  or other loan document the section under which the extension of 
 16.1   credit is made. 
 16.2      Sec. 14.  Minnesota Statutes 2004, section 62I.13, 
 16.3   subdivision 3, is amended to read: 
 16.4      Subd. 3.  [DISQUALIFYING FACTORS.] For good cause, coverage 
 16.5   may be denied or terminated by the association.  Good cause may 
 16.6   exist if the applicant or insured:  (1) has an outstanding debt 
 16.7   due or owing to the association at the time of application or 
 16.8   renewal arising from a prior policy; (2) refuses to permit 
 16.9   completion of an audit requested by the commissioner or 
 16.10  administrator; (3) submits misleading or erroneous information 
 16.11  to the commissioner or administrator; (4) disregards safety 
 16.12  standards, laws, rules or ordinance pertaining to the risk being 
 16.13  insured; (5) fails to supply information requested by the 
 16.14  commissioner or administrator; and (6) fails to comply with the 
 16.15  terms of the policies or contracts for coverage issued by the 
 16.16  association; and (7) has not satisfied the requirements of the 
 16.17  market assistance program as set forth in section 62I.09. 
 16.18     Sec. 15.  Minnesota Statutes 2004, section 62L.17, 
 16.19  subdivision 2a, is amended to read: 
 16.20     Subd. 2a.  [PARTICIPATION OF NEW SMALL EMPLOYER HEALTH 
 16.21  CARRIERS.] A health carrier that enters the small employer 
 16.22  market subsequent to February 1993, may elect to not participate 
 16.23  in the reinsurance association by filing an application within 
 16.24  60 days of entry into the small employer market or May 26, 1995, 
 16.25  whichever is later.  The commissioner shall make a determination 
 16.26  and notify the health carrier no later than 60 days after 
 16.27  receipt of the application.  In determining whether to approve 
 16.28  the application, the commissioner shall consider the standards 
 16.29  defined in subdivision 2, except that the commissioner may also 
 16.30  consider whether the health carrier has a guaranteeing 
 16.31  organization as defined in section 62D.043, subdivision 1, or as 
 16.32  permitted under chapter 62N. 
 16.33     Sec. 16.  Minnesota Statutes 2004, section 82.33, 
 16.34  subdivision 4, is amended to read: 
 16.35     Subd. 4.  [RENEWAL; EXAMINATION.] Except as provided in 
 16.36  sections 82.22, subdivision 7, and section 82.29, subdivision 7, 
 17.1   no examination shall be required for the renewal of any license, 
 17.2   provided, however, any licensee having been licensed as a broker 
 17.3   or salesperson in the state of Minnesota and who shall fail to 
 17.4   renew the license for a period of two years shall be required by 
 17.5   the commissioner to again take an examination. 
 17.6      Sec. 17.  Minnesota Statutes 2004, section 84.8712, 
 17.7   subdivision 2, is amended to read: 
 17.8      Subd. 2.  [CIVIL CITATION; AUTHORITY TO ISSUE.] 
 17.9   Conservation officers and other licensed peace officers may 
 17.10  issue civil citations to a person who operates a snowmobile in 
 17.11  violation of this section or section 84.8713.  The citation must 
 17.12  impose a penalty of $50 for the first offense, $200 for the 
 17.13  second offense, and $500 for third and subsequent offenses. 
 17.14     Sec. 18.  Minnesota Statutes 2004, section 84.8712, 
 17.15  subdivision 3, is amended to read: 
 17.16     Subd. 3.  [APPEALS.] Civil citations for offenses under 
 17.17  this section or section 84.8713 may be appealed under the 
 17.18  procedures in section 116.072, subdivision 6, if the recipient 
 17.19  of the citation requests a hearing by notifying the commissioner 
 17.20  in writing within 15 days after receipt of the citation.  For 
 17.21  the purposes of the enforcement of this section, the terms 
 17.22  "commissioner" and "agency" as used in section 116.072 mean the 
 17.23  commissioner of natural resources.  If a hearing is not 
 17.24  requested within the 15-day period, the citation becomes a final 
 17.25  order not subject to further review. 
 17.26     Sec. 19.  Minnesota Statutes 2004, section 84.8712, 
 17.27  subdivision 4, is amended to read: 
 17.28     Subd. 4.  [ENFORCEMENT.] Civil citations for offenses under 
 17.29  this section or section 84.8713 may be enforced under section 
 17.30  116.072, subdivision 9.  If a person fails to pay a penalty owed 
 17.31  under this section, the person may not operate a snowmobile 
 17.32  until the penalty is paid.  Penalty amounts must be remitted 
 17.33  within 30 days of issuance of the penalty citation. 
 17.34     Sec. 20.  Minnesota Statutes 2004, section 84.8712, 
 17.35  subdivision 6, is amended to read: 
 17.36     Subd. 6.  [SELECTION OF REMEDY.] A person operating a 
 18.1   snowmobile in violation of this section or section 84.8713 is 
 18.2   guilty of a petty misdemeanor punishable by a fine of no more 
 18.3   than $50 for the first offense, no more than $300 for the second 
 18.4   offense, and no more than $600 for the third and subsequent 
 18.5   offenses.  A peace officer may not seek both civil and petty 
 18.6   misdemeanor penalties for a violation of this section or section 
 18.7   84.8713. 
 18.8      Sec. 21.  Minnesota Statutes 2004, section 85.22, 
 18.9   subdivision 2a, is amended to read: 
 18.10     Subd. 2a.  [RECEIPTS, APPROPRIATION.] All receipts derived 
 18.11  from the rental or sale of state park items, tours at 
 18.12  Forestville Mystery Cave State Park, and operation of Douglas 
 18.13  Lodge shall be deposited in the state treasury and be credited 
 18.14  to the state parks working capital account.  Receipts and 
 18.15  expenses from Douglas Lodge shall be tracked separately within 
 18.16  the account.  Money in the account is annually appropriated for 
 18.17  the purchase and payment of expenses attributable to items for 
 18.18  resale or rental and operation of Douglas Lodge.  Any excess 
 18.19  receipts in this account are annually appropriated for state 
 18.20  park management and interpretive programs. 
 18.21     Sec. 22.  Minnesota Statutes 2004, section 89.01, 
 18.22  subdivision 5a, is amended to read: 
 18.23     Subd. 5a.  [SALE OF STATE FOREST LAND.] Any state lands 
 18.24  included in areas set apart as state forests are eliminated from 
 18.25  the state forest upon sale under the provisions of sections 
 18.26  92.06 to 92.09 92.08 or 94.09 to 94.16. 
 18.27     Sec. 23.  Minnesota Statutes 2004, section 115B.20, 
 18.28  subdivision 2, is amended to read: 
 18.29     Subd. 2.  [PURPOSES FOR WHICH MONEY MAY BE SPENT.] Money 
 18.30  appropriated from the remediation fund under section 116.155, 
 18.31  subdivision 2, paragraph (a), clause (1), may be spent only for 
 18.32  the following purposes:  
 18.33     (1) preparation by the agency and the commissioner of 
 18.34  agriculture for taking removal or remedial action under section 
 18.35  115B.17, or under chapter 18D, including investigation, 
 18.36  monitoring and testing activities, enforcement and compliance 
 19.1   efforts relating to the release of hazardous substances, 
 19.2   pollutants or contaminants under section 115B.17 or 115B.18, or 
 19.3   chapter 18D; 
 19.4      (2) removal and remedial actions taken or authorized by the 
 19.5   agency or the commissioner of the Pollution Control Agency under 
 19.6   section 115B.17, or taken or authorized by the commissioner of 
 19.7   agriculture under chapter 18D including related enforcement and 
 19.8   compliance efforts under section 115B.17 or 115B.18, or chapter 
 19.9   18D, and payment of the state share of the cost of remedial 
 19.10  action which may be carried out under a cooperative agreement 
 19.11  with the federal government pursuant to the federal Superfund 
 19.12  Act, under United States Code, title 42, section 9604(c)(3) for 
 19.13  actions related to facilities other than commercial hazardous 
 19.14  waste facilities located under the siting authority of chapter 
 19.15  115A; 
 19.16     (3) reimbursement to any private person for expenditures 
 19.17  made before July 1, 1983, to provide alternative water supplies 
 19.18  deemed necessary by the agency or the commissioner of 
 19.19  agriculture and the Department of Health to protect the public 
 19.20  health from contamination resulting from the release of a 
 19.21  hazardous substance; 
 19.22     (4) assessment and recovery of natural resource damages by 
 19.23  the agency and the commissioners commissioner of natural 
 19.24  resources and for administration, and planning, and 
 19.25  implementation by the commissioner of natural resources of the 
 19.26  rehabilitation, restoration, or acquisition of natural resources 
 19.27  to remedy injuries or losses to natural resources resulting from 
 19.28  the release of a hazardous substance; before implementing a 
 19.29  project to rehabilitate, restore, or acquire natural resources 
 19.30  under this clause, the commissioner of natural resources shall 
 19.31  provide written notice of the proposed project to the chairs of 
 19.32  the senate and house of representatives committees with 
 19.33  jurisdiction over environment and natural resources finance; 
 19.34     (5) acquisition of a property interest under section 
 19.35  115B.17, subdivision 15; 
 19.36     (6) reimbursement, in an amount to be determined by the 
 20.1   agency in each case, to a political subdivision that is not a 
 20.2   responsible person under section 115B.03, for reasonable and 
 20.3   necessary expenditures resulting from an emergency caused by a 
 20.4   release or threatened release of a hazardous substance, 
 20.5   pollutant, or contaminant; and 
 20.6      (7) reimbursement to a political subdivision for 
 20.7   expenditures in excess of the liability limit under section 
 20.8   115B.04, subdivision 4. 
 20.9      Sec. 24.  Minnesota Statutes 2004, section 119B.25, 
 20.10  subdivision 2, is amended to read: 
 20.11     Subd. 2.  [GRANTS.] The commissioner shall distribute money 
 20.12  provided by this section through a grant to a nonprofit 
 20.13  corporation organized to plan, develop, and finance early 
 20.14  childhood education and child care sites.  The nonprofit 
 20.15  corporation must have demonstrated the ability to analyze 
 20.16  financing projects, have knowledge of other sources of public 
 20.17  and private financing for child care and early childhood 
 20.18  education sites, and have a relationship with the regional 
 20.19  resource and referral programs under section 119B.211.  The 
 20.20  board of directors of the nonprofit corporation must include 
 20.21  members who are knowledgeable about early childhood education, 
 20.22  child care, development and improvement, and financing.  The 
 20.23  commissioners of the Departments of Human Services and 
 20.24  Employment and Economic Development, and the commissioner of the 
 20.25  Housing Finance Agency shall advise the board on the loan 
 20.26  program.  The grant must be used to make loans to improve child 
 20.27  care or early childhood education sites, or loans to plan, 
 20.28  design, and construct or expand licensed and legal unlicensed 
 20.29  sites to increase the availability of child care or early 
 20.30  childhood education.  All loans made by the nonprofit 
 20.31  corporation must comply with section 363A.16. 
 20.32     Sec. 25.  Minnesota Statutes 2004, section 124D.68, 
 20.33  subdivision 2, is amended to read: 
 20.34     Subd. 2.  [ELIGIBLE PUPILS.] The following pupils are 
 20.35  eligible to participate in the graduation incentives program:  
 20.36     (a) any pupil under the age of 21 who:  
 21.1      (1) performs substantially below the performance level for 
 21.2   pupils of the same age in a locally determined achievement test; 
 21.3      (2) is at least one year behind in satisfactorily 
 21.4   completing coursework or obtaining credits for graduation; 
 21.5      (3) is pregnant or is a parent; 
 21.6      (4) has been assessed as chemically dependent; 
 21.7      (5) has been excluded or expelled according to sections 
 21.8   121A.40 to 121A.56; 
 21.9      (6) has been referred by a school district for enrollment 
 21.10  in an eligible program or a program pursuant to section 124D.69; 
 21.11     (7) is a victim of physical or sexual abuse; 
 21.12     (8) has experienced mental health problems; 
 21.13     (9) has experienced homelessness sometime within six months 
 21.14  before requesting a transfer to an eligible program; 
 21.15     (10) speaks English as a second language or has limited 
 21.16  English proficiency; or 
 21.17     (11) has withdrawn from school or has been chronically 
 21.18  truant; or 
 21.19     (b) any person who is at least 21 years of age and who:  
 21.20     (1) has received fewer than 14 years of public or nonpublic 
 21.21  education, beginning at age 5; 
 21.22     (2) has not completed the requirements for a high school 
 21.23  diploma; and 
 21.24     (3) at the time of application, (i) is eligible for 
 21.25  unemployment benefits or has exhausted the benefits, (ii) is 
 21.26  eligible for, or is receiving income maintenance and support 
 21.27  services, as defined in section 116L.19, subdivision 5, or (iii) 
 21.28  is eligible for services under the displaced homemaker program, 
 21.29  state wage-subsidy program, or any programs under the federal 
 21.30  Jobs Training Partnership Act or its successor. 
 21.31     Sec. 26.  Minnesota Statutes 2004, section 155A.03, 
 21.32  subdivision 1, is amended to read: 
 21.33     Subdivision 1.  [TERMS.] For purposes of sections 155A.03 
 21.34  to 155A.26 155A.16, and unless the context clearly requires 
 21.35  otherwise, the words defined in this section have the meanings 
 21.36  given them. 
 22.1      Sec. 27.  Minnesota Statutes 2004, section 161.1419, 
 22.2   subdivision 8, is amended to read: 
 22.3      Subd. 8.  [EXPIRATION.] The commission shall expire expires 
 22.4   on June 30, 2003 2007. 
 22.5      Sec. 28.  Minnesota Statutes 2004, section 168.33, 
 22.6   subdivision 2a, is amended to read: 
 22.7      Subd. 2a.  [DEPUTY REGISTRARS, CONTINUATION IN OFFICE.] 
 22.8   Persons serving as deputy registrars on the effective date of 
 22.9   this act July 1, 1970, shall continue to hold such office until 
 22.10  a successor is duly appointed and qualifies. 
 22.11     Sec. 29.  Minnesota Statutes 2004, section 169.50, 
 22.12  subdivision 1, is amended to read: 
 22.13     Subdivision 1.  [REQUIREMENTS; EXCEPTION.] (a) Every motor 
 22.14  vehicle and every vehicle that is being drawn at the end of a 
 22.15  train of vehicles must be equipped with at least one taillamp, 
 22.16  exhibiting a red light plainly visible from a distance of 500 
 22.17  feet to the rear.  
 22.18     (b) Every motor vehicle, other than a truck-tractor, and 
 22.19  every vehicle that is being drawn at the end of a train of 
 22.20  vehicles, registered in this state and manufactured or assembled 
 22.21  after January 1, 1960, must be equipped with at least two 
 22.22  taillamps mounted on the rear and on the same level and as 
 22.23  widely spaced laterally as practicable.  When lighted, the 
 22.24  taillamps must comply with the provisions of this section.  
 22.25     (c) An implement of husbandry being towed by a motor 
 22.26  vehicle at a speed of not more than 30 miles per hour, 
 22.27  displaying a slow-moving vehicle emblem, and complying with 
 22.28  section 169.55, subdivision 2, paragraph (a), clause (4), is not 
 22.29  subject to the requirements of this section. 
 22.30     Sec. 30.  Minnesota Statutes 2004, section 169.59, 
 22.31  subdivision 4, is amended to read: 
 22.32     Subd. 4.  [FLASHING WARNING LIGHT.] Any vehicle may be 
 22.33  equipped with lamps which may be used for the purpose of warning 
 22.34  the operators of other vehicles of the presence of a vehicular 
 22.35  traffic hazard requiring the exercise of unusual care in 
 22.36  approaching, overtaking, or passing, and when so equipped may 
 23.1   display such warning in addition to any other warning signals 
 23.2   required by this act section or section 169.50, subdivision 1 or 
 23.3   3; 169.56, subdivision 1, 2, 3, or 4; 169.57, subdivision 1; or 
 23.4   169.64, subdivision 3.  The lamps used to display such warnings 
 23.5   to the front shall be mounted at the same level and as widely 
 23.6   spaced laterally as practicable, and shall display simultaneous 
 23.7   flashing white or amber lights, or any shade of color between 
 23.8   white and amber.  The lamps used to display such warnings to the 
 23.9   rear shall be mounted at the same level and as widely spaced 
 23.10  laterally as practicable, and shall show simultaneously flashing 
 23.11  amber or red lights, or any shade of color between amber and 
 23.12  red.  Instead of a pair of lamps that flash simultaneously, 
 23.13  either one or two strobe lights or rotating beacon lights with 
 23.14  an amber or yellow lens may be used both to the front and rear 
 23.15  of the vehicle.  These warning lights shall be visible from a 
 23.16  distance of not less than 500 feet under normal atmospheric 
 23.17  conditions at night. 
 23.18     Sec. 31.  Minnesota Statutes 2004, section 169A.55, 
 23.19  subdivision 3, is amended to read: 
 23.20     Subd. 3.  [REINSTATEMENT OR ISSUANCE OF PROVISIONAL 
 23.21  LICENSE.] The commissioner shall not issue a provisional or 
 23.22  regular driver's license to a person whose provisional driver's 
 23.23  license was revoked for conviction as a juvenile of violating a 
 23.24  violation of section 169A.20, 169A.33, or 169A.35; a violation 
 23.25  of a provision of sections 169A.50 to 169A.53; or revoked for 
 23.26  conviction of a crash-related moving violation; until the 
 23.27  person, following the violation, reaches the age of 18 and 
 23.28  satisfactorily: 
 23.29     (1) completes a formal course in driving instruction 
 23.30  approved by the commissioner of public safety; 
 23.31     (2) completes an additional three months' experience 
 23.32  operating a motor vehicle, as documented to the satisfaction of 
 23.33  the commissioner; 
 23.34     (3) completes the written examination for a driver's 
 23.35  license with a passing score; and 
 23.36     (4) complies with all other laws for reinstatement of a 
 24.1   provisional or regular driver's license, as applicable. 
 24.2      Sec. 32.  Minnesota Statutes 2004, section 171.181, 
 24.3   subdivision 1, is amended to read: 
 24.4      Subdivision 1.  [FOREIGN STATE CONVICTION.] (a) On revoking 
 24.5   or suspending the driver's license of a Minnesota resident as a 
 24.6   result of a foreign state conviction, the commissioner shall 
 24.7   notify that foreign state when the driver's license is 
 24.8   reinstated or a new license issued. 
 24.9      (b) For the purposes of this section, "foreign state" means 
 24.10  a state as defined in section 171.01, subdivision 46 47, 
 24.11  excluding the state of Minnesota. 
 24.12     Sec. 33.  Minnesota Statutes 2004, section 177.23, 
 24.13  subdivision 7, is amended to read: 
 24.14     Subd. 7.  [EMPLOYEE.] "Employee" means any individual 
 24.15  employed by an employer but does not include:  
 24.16     (1) two or fewer specified individuals employed at any 
 24.17  given time in agriculture on a farming unit or operation who are 
 24.18  paid a salary; 
 24.19     (2) any individual employed in agriculture on a farming 
 24.20  unit or operation who is paid a salary greater than the 
 24.21  individual would be paid if the individual worked 48 hours at 
 24.22  the state minimum wage plus 17 hours at 1-1/2 times the state 
 24.23  minimum wage per week; 
 24.24     (3) an individual under 18 who is employed in agriculture 
 24.25  on a farm to perform services other than corn detasseling or 
 24.26  hand field work when one or both of that minor hand field 
 24.27  worker's parents or physical custodians are also hand field 
 24.28  workers; 
 24.29     (4) for purposes of section 177.24, an individual under 18 
 24.30  who is employed as a corn detasseler; 
 24.31     (5) any staff member employed on a seasonal basis by an 
 24.32  organization for work in an organized resident or day camp 
 24.33  operating under a permit issued under section 144.72; 
 24.34     (6) any individual employed in a bona fide executive, 
 24.35  administrative, or professional capacity, or a salesperson who 
 24.36  conducts no more than 20 percent of sales on the premises of the 
 25.1   employer; 
 25.2      (7) any individual who renders service gratuitously for a 
 25.3   nonprofit organization; 
 25.4      (8) any individual who serves as an elected official for a 
 25.5   political subdivision or who serves on any governmental board, 
 25.6   commission, committee or other similar body, or who renders 
 25.7   service gratuitously for a political subdivision; 
 25.8      (9) any individual employed by a political subdivision to 
 25.9   provide police or fire protection services or employed by an 
 25.10  entity whose principal purpose is to provide police or fire 
 25.11  protection services to a political subdivision; 
 25.12     (10) any individual employed by a political subdivision who 
 25.13  is ineligible for membership in the Public Employees Retirement 
 25.14  Association under section 353.01, subdivision 2b, clause (1), 
 25.15  (2), (4), or (9); 
 25.16     (11) any driver employed by an employer engaged in the 
 25.17  business of operating taxicabs; 
 25.18     (12) any individual engaged in babysitting as a sole 
 25.19  practitioner; 
 25.20     (13) for the purpose of section 177.25, any individual 
 25.21  employed on a seasonal basis in a carnival, circus, fair, or ski 
 25.22  facility; 
 25.23     (14) any individual under 18 working less than 20 hours per 
 25.24  workweek for a municipality as part of a recreational program; 
 25.25     (15) any individual employed by the state as a natural 
 25.26  resource manager 1, 2, or 3 (conservation officer); 
 25.27     (16) any individual in a position for which the United 
 25.28  States Department of Transportation has power to establish 
 25.29  qualifications and maximum hours of service under United States 
 25.30  Code, title 49, section 304 31502; 
 25.31     (17) any individual employed as a seafarer.  The term 
 25.32  "seafarer" means a master of a vessel or any person subject to 
 25.33  the authority, direction, and control of the master who is 
 25.34  exempt from federal overtime standards under United States Code, 
 25.35  title 29, section 213(b)(6), including but not limited to 
 25.36  pilots, sailors, engineers, radio operators, firefighters, 
 26.1   security guards, pursers, surgeons, cooks, and stewards; 
 26.2      (18) any individual employed by a county in a single-family 
 26.3   residence owned by a county home school as authorized under 
 26.4   section 260B.060 if the residence is an extension facility of 
 26.5   that county home school, and if the individual as part of the 
 26.6   employment duties resides at the residence for the purpose of 
 26.7   supervising children as defined by section 260C.007, subdivision 
 26.8   4; or 
 26.9      (19) nuns, monks, priests, lay brothers, lay sisters, 
 26.10  ministers, deacons, and other members of religious orders who 
 26.11  serve pursuant to their religious obligations in schools, 
 26.12  hospitals, and other nonprofit institutions operated by the 
 26.13  church or religious order. 
 26.14     Sec. 34.  Minnesota Statutes 2004, section 216B.61, is 
 26.15  amended to read: 
 26.16     216B.61 [ACTIONS TO RECOVER PENALTIES.] 
 26.17     Actions to recover penalties under Laws 1974, this chapter 
 26.18  429 shall be brought in the name of the state of Minnesota in 
 26.19  the district court of Ramsey County. 
 26.20     Sec. 35.  Minnesota Statutes 2004, section 237.763, is 
 26.21  amended to read: 
 26.22     237.763 [EXEMPTION FROM EARNINGS REGULATION AND 
 26.23  INVESTIGATION.] 
 26.24     Except as provided in the plan and any subsequent plans, a 
 26.25  company that has an alternative regulation plan approved under 
 26.26  section 237.764, is not subject to the rate-of-return regulation 
 26.27  or earnings investigations provisions of section 237.075 or 
 26.28  237.081 during the term of the plan.  A company with an approved 
 26.29  plan is not subject to the provisions of section 237.57; 237.59; 
 26.30  237.60, subdivisions 1, 2, 4, and 5; 237.63; or 237.65, during 
 26.31  the term of the plan.  Except as specifically provided in this 
 26.32  section or in the approved plan, the commission retains all of 
 26.33  its authority under section 237.081 to investigate other matters 
 26.34  and to issue appropriate orders, and the department retains its 
 26.35  authority under sections 216A.07 and 237.15 to investigate 
 26.36  matters other than the earnings of the company. 
 27.1      Sec. 36.  Minnesota Statutes 2004, section 238.37, is 
 27.2   amended to read: 
 27.3      238.37 [SCOPE; POLE, DUCT, AND CONDUIT AGREEMENTS.] 
 27.4      Sections 238.02, subdivisions 3a, 20a, and 31b, and 238.36 
 27.5   238.37 to 238.42 only apply to pole, duct, and conduit 
 27.6   agreements entered into or renewed between public utilities and 
 27.7   cable communications systems on or after January 1, 1976, and 
 27.8   have no application to those agreements executed before January 
 27.9   1, 1976, until those agreements are either renewed or 
 27.10  substantially renegotiated.  If a public utility company and a 
 27.11  cable communications system enter into an agreement regarding 
 27.12  only pole attachments, sections 238.02, subdivisions 3a, 20a, 
 27.13  and 31b, and 238.36 238.37 to 238.42 relating to conduit systems 
 27.14  are applicable to that agreement and if a public utility company 
 27.15  and a cable communications system enter into an agreement 
 27.16  regarding only use of a conduit system, sections 238.02, 
 27.17  subdivisions 3a, 20a, and 31b, and 238.36 238.37 to 238.42 
 27.18  relating to pole attachments are not applicable to that 
 27.19  agreement. 
 27.20     Sec. 37.  Minnesota Statutes 2004, section 238.38, is 
 27.21  amended to read: 
 27.22     238.38 [PERMIT TO ATTACH TO POLE OR CONDUIT SYSTEM.] 
 27.23     Every pole, duct, and conduit agreement must contain a 
 27.24  provision that before attaching to the public utility company's 
 27.25  poles or occupying any part of the public utility's conduit 
 27.26  system, the cable communications system shall apply and receive 
 27.27  a permit for that purpose on a form provided by the public 
 27.28  utility company.  If the cable communications system accepts the 
 27.29  permit, it may attach its equipment to the poles covered by the 
 27.30  permit or occupy the conduit system of the public utility to the 
 27.31  extent authorized by the permit, subject to sections 238.02, 
 27.32  subdivisions 3a, 20a, and 31b, and 238.36 238.37 to 238.42 and 
 27.33  the terms of the agreement between the contracting parties.  In 
 27.34  granting or denying a permit, the public utility has the right 
 27.35  to determine whether a grant of a permit would adversely affect 
 27.36  its public services, duties, and obligations or have an adverse 
 28.1   effect on the economy, safety, and future needs of the public 
 28.2   utility. 
 28.3      Sec. 38.  Minnesota Statutes 2004, section 238.42, is 
 28.4   amended to read: 
 28.5      238.42 [ADDITIONAL CONTRACT TERMS.] 
 28.6      Nothing contained in sections 238.02, subdivisions 3a, 20a, 
 28.7   and 31b, and 238.36 238.37 to 238.42 in any way prohibits a 
 28.8   public utility company from including in its pole, duct, and 
 28.9   conduit agreements with cable communications systems additional 
 28.10  terms which do not conflict with sections 238.02, subdivisions 
 28.11  3a, 20a, and 31b, and 238.36 238.37 to 238.42. 
 28.12     Sec. 39.  Minnesota Statutes 2004, section 239.791, 
 28.13  subdivision 15, is amended to read: 
 28.14     Subd. 15.  [EXEMPTION FOR CERTAIN BLEND PUMPS.] A person 
 28.15  responsible for the product, who offers for sale, sells, or 
 28.16  dispenses nonoxygenated premium gasoline under one or more of 
 28.17  the exemptions in subdivisions 10 to 14, may sell, offer for 
 28.18  sale, or dispense oxygenated gasoline that contains less than 
 28.19  the minimum amount of ethanol required under subdivision 1 if 
 28.20  all of the following conditions are met: 
 28.21     (1) the blended gasoline has an octane rating of 88 or 
 28.22  greater; 
 28.23     (2) the gasoline is a blend of oxygenated gasoline meeting 
 28.24  the requirements of subdivision 1 with nonoxygenated premium 
 28.25  gasoline; 
 28.26     (3) the blended gasoline contains not more than ten percent 
 28.27  nonoxygenated premium gasoline; 
 28.28     (4) the blending of oxygenated gasoline with nonoxygenated 
 28.29  gasoline occurs within the gasoline dispenser; and 
 28.30     (5) the gasoline station at which the gasoline is sold, 
 28.31  offered for sale, or delivered is equipped to store gasoline in 
 28.32  not more than two storage tanks.  
 28.33     This subdivision applies only to those persons who meet met 
 28.34  the conditions in clauses (1) through (5) on the effective date 
 28.35  of this act August 1, 2004, and have registered with the 
 28.36  director within three months of the effective date of this 
 29.1   act by November 1, 2004. 
 29.2      Sec. 40.  Minnesota Statutes 2004, section 244.05, 
 29.3   subdivision 4, is amended to read: 
 29.4      Subd. 4.  [MINIMUM IMPRISONMENT, LIFE SENTENCE.] An inmate 
 29.5   serving a mandatory life sentence under section 609.106 must not 
 29.6   be given supervised release under this section.  An inmate 
 29.7   serving a mandatory life sentence under section 609.185, clause 
 29.8   (1), (3), (5), or (6); or 609.109, subdivision 2a 3, must not be 
 29.9   given supervised release under this section without having 
 29.10  served a minimum term of 30 years.  An inmate serving a 
 29.11  mandatory life sentence under section 609.385 must not be given 
 29.12  supervised release under this section without having served a 
 29.13  minimum term of imprisonment of 17 years. 
 29.14     Sec. 41.  Minnesota Statutes 2004, section 244.05, 
 29.15  subdivision 5, is amended to read: 
 29.16     Subd. 5.  [SUPERVISED RELEASE, LIFE SENTENCE.] (a) The 
 29.17  commissioner of corrections may, under rules promulgated by the 
 29.18  commissioner, give supervised release to an inmate serving a 
 29.19  mandatory life sentence under section 609.185, clause (1), (3), 
 29.20  (5), or (6); 609.109, subdivision 2a 3; or 609.385 after the 
 29.21  inmate has served the minimum term of imprisonment specified in 
 29.22  subdivision 4. 
 29.23     (b) The commissioner shall require the preparation of a 
 29.24  community investigation report and shall consider the findings 
 29.25  of the report when making a supervised release decision under 
 29.26  this subdivision.  The report shall reflect the sentiment of the 
 29.27  various elements of the community toward the inmate, both at the 
 29.28  time of the offense and at the present time.  The report shall 
 29.29  include the views of the sentencing judge, the prosecutor, any 
 29.30  law enforcement personnel who may have been involved in the 
 29.31  case, and any successors to these individuals who may have 
 29.32  information relevant to the supervised release decision.  The 
 29.33  report shall also include the views of the victim and the 
 29.34  victim's family unless the victim or the victim's family chooses 
 29.35  not to participate. 
 29.36     (c) The commissioner shall make reasonable efforts to 
 30.1   notify the victim, in advance, of the time and place of the 
 30.2   inmate's supervised release review hearing.  The victim has a 
 30.3   right to submit an oral or written statement at the review 
 30.4   hearing.  The statement may summarize the harm suffered by the 
 30.5   victim as a result of the crime and give the victim's 
 30.6   recommendation on whether the inmate should be given supervised 
 30.7   release at this time.  The commissioner must consider the 
 30.8   victim's statement when making the supervised release decision. 
 30.9      (d) As used in this subdivision, "victim" means the 
 30.10  individual who suffered harm as a result of the inmate's crime 
 30.11  or, if the individual is deceased, the deceased's surviving 
 30.12  spouse or next of kin. 
 30.13     Sec. 42.  Minnesota Statutes 2004, section 245.466, 
 30.14  subdivision 1, is amended to read: 
 30.15     Subdivision 1.  [DEVELOPMENT OF SERVICES.] The county board 
 30.16  in each county is responsible for using all available resources 
 30.17  to develop and coordinate a system of locally available and 
 30.18  affordable adult mental health services.  The county board may 
 30.19  provide some or all of the mental health services and activities 
 30.20  specified in subdivision 2 directly through a county agency or 
 30.21  under contracts with other individuals or agencies.  A county or 
 30.22  counties may enter into an agreement with a regional treatment 
 30.23  center under section 246.57 or with any state facility or 
 30.24  program as defined in section 246.50, subdivision 3, to enable 
 30.25  the county or counties to provide the treatment services in 
 30.26  subdivision 2.  Services provided through an agreement between a 
 30.27  county and a regional treatment center must meet the same 
 30.28  requirements as services from other service providers.  County 
 30.29  boards shall demonstrate their continuous progress toward full 
 30.30  implementation of sections 245.461 to 245.486 during the period 
 30.31  July 1, 1987, to January 1, 1990.  County boards must develop 
 30.32  fully each of the treatment services and management activities 
 30.33  prescribed by sections 245.461 to 245.486 by January 1, 1990, 
 30.34  according to the priorities established in section 245.464 and 
 30.35  the adult mental health component of the community social 
 30.36  services plan approved by the commissioner. 
 31.1      Sec. 43.  Minnesota Statutes 2004, section 245.4875, 
 31.2   subdivision 1, is amended to read: 
 31.3      Subdivision 1.  [DEVELOPMENT OF CHILDREN'S SERVICES.] The 
 31.4   county board in each county is responsible for using all 
 31.5   available resources to develop and coordinate a system of 
 31.6   locally available and affordable children's mental health 
 31.7   services.  The county board may provide some or all of the 
 31.8   children's mental health services and activities specified in 
 31.9   subdivision 2 directly through a county agency or under 
 31.10  contracts with other individuals or agencies.  A county or 
 31.11  counties may enter into an agreement with a regional treatment 
 31.12  center under section 246.57 to enable the county or counties to 
 31.13  provide the treatment services in subdivision 2.  Services 
 31.14  provided through an agreement between a county and a regional 
 31.15  treatment center must meet the same requirements as services 
 31.16  from other service providers.  County boards shall demonstrate 
 31.17  their continuous progress toward fully implementing sections 
 31.18  245.487 to 245.4887 during the period July 1, 1989, to January 
 31.19  1, 1992.  County boards must develop fully each of the treatment 
 31.20  services prescribed by sections 245.487 to 245.4887 by January 
 31.21  1, 1992, according to the priorities established in section 
 31.22  245.4873 and the children's mental health component of the 
 31.23  community social services plan approved by the commissioner 
 31.24  under section 245.4887. 
 31.25     Sec. 44.  Minnesota Statutes 2004, section 245.75, is 
 31.26  amended to read: 
 31.27     245.75 [FEDERAL GRANTS FOR THE WELFARE AND RELIEF OF 
 31.28  MINNESOTA INDIANS.] 
 31.29     The commissioner of human services is authorized to enter 
 31.30  into contracts with the Department of Health, Education, Welfare 
 31.31  and the Department of Interior, Bureau of Indian Affairs, for 
 31.32  the purpose of receiving federal grants for the welfare and 
 31.33  relief of Minnesota Indians.  Such contract and the plan of 
 31.34  distribution of such funds shall be subject to approval of the 
 31.35  Minnesota Public Relief Advisory Committee. 
 31.36     Sec. 45.  Minnesota Statutes 2004, section 246B.04, 
 32.1   subdivision 2, is amended to read: 
 32.2      Subd. 2.  [BAN ON OBSCENE MATERIAL OR PORNOGRAPHIC WORK.] 
 32.3   The commissioner shall prohibit persons civilly committed as 
 32.4   sexual psychopathic personalities or sexually dangerous persons 
 32.5   under sections 246.43 and section 253B.185 from having or 
 32.6   receiving material that is obscene as defined under section 
 32.7   617.241, subdivision 1, material that depicts sexual conduct as 
 32.8   defined under section 617.241, subdivision 1, or pornographic 
 32.9   work as defined under section 617.246, subdivision 1, while 
 32.10  receiving services in any secure treatment facilities operated 
 32.11  by the Minnesota sex offender program or any other facilities 
 32.12  operated by the commissioner. 
 32.13     Sec. 46.  Minnesota Statutes 2004, section 252.24, 
 32.14  subdivision 5, is amended to read: 
 32.15     Subd. 5.  [DEVELOPMENTAL ACHIEVEMENT CENTERS:  SALARY 
 32.16  ADJUSTMENT PER DIEM.] The commissioner shall approve a two 
 32.17  percent increase in the payment rates for day training and 
 32.18  habilitation services vendors effective July 1, 1991.  All 
 32.19  revenue generated shall be used by vendors to increase salaries, 
 32.20  fringe benefits, and payroll taxes by at least three percent for 
 32.21  personnel below top management.  County boards shall amend 
 32.22  contracts with vendors to require that all revenue generated by 
 32.23  this provision is expended on salary increases to staff below 
 32.24  top management.  County boards shall verify in writing to the 
 32.25  commissioner that each vendor has complied with this 
 32.26  requirement.  If a county board determines that a vendor has not 
 32.27  complied with this requirement for a specific contract period, 
 32.28  the county board shall reduce the vendor's payment rates for the 
 32.29  next contract period to reflect the amount of money not spent 
 32.30  appropriately.  The commissioner shall modify reporting 
 32.31  requirements for vendors and counties as necessary to monitor 
 32.32  compliance with this provision. 
 32.33     Each county agency shall report to the commissioner by July 
 32.34  30, 1991, its actual social service day training and 
 32.35  habilitation expenditures for calendar year 1990.  The 
 32.36  commissioner shall allocate the day habilitation service CSSA 
 33.1   appropriation made available for this purpose to county agencies 
 33.2   in proportion to these expenditures. 
 33.3      Sec. 47.  Minnesota Statutes 2004, section 256B.055, 
 33.4   subdivision 12, is amended to read: 
 33.5      Subd. 12.  [DISABLED CHILDREN.] (a) A person is eligible 
 33.6   for medical assistance if the person is under age 19 and 
 33.7   qualifies as a disabled individual under United States Code, 
 33.8   title 42, section 1382c(a), and would be eligible for medical 
 33.9   assistance under the state plan if residing in a medical 
 33.10  institution, and the child requires a level of care provided in 
 33.11  a hospital, nursing facility, or intermediate care facility for 
 33.12  persons with mental retardation or related conditions, for whom 
 33.13  home care is appropriate, provided that the cost to medical 
 33.14  assistance under this section is not more than the amount that 
 33.15  medical assistance would pay for if the child resides in an 
 33.16  institution.  After the child is determined to be eligible under 
 33.17  this section, the commissioner shall review the child's 
 33.18  disability under United States Code, title 42, section 1382c(a) 
 33.19  and level of care defined under this section no more often than 
 33.20  annually and may elect, based on the recommendation of health 
 33.21  care professionals under contract with the state medical review 
 33.22  team, to extend the review of disability and level of care up to 
 33.23  a maximum of four years.  The commissioner's decision on the 
 33.24  frequency of continuing review of disability and level of care 
 33.25  is not subject to administrative appeal under section 256.045.  
 33.26  Nothing in this subdivision shall be construed as affecting 
 33.27  other redeterminations of medical assistance eligibility under 
 33.28  this chapter and annual cost-effective reviews under this 
 33.29  section.  
 33.30     (b) For purposes of this subdivision, "hospital" means an 
 33.31  institution as defined in section 144.696, subdivision 3, 
 33.32  144.55, subdivision 3, or Minnesota Rules, part 4640.3600, and 
 33.33  licensed pursuant to sections 144.50 to 144.58.  For purposes of 
 33.34  this subdivision, a child requires a level of care provided in a 
 33.35  hospital if the child is determined by the commissioner to need 
 33.36  an extensive array of health services, including mental health 
 34.1   services, for an undetermined period of time, whose health 
 34.2   condition requires frequent monitoring and treatment by a health 
 34.3   care professional or by a person supervised by a health care 
 34.4   professional, who would reside in a hospital or require frequent 
 34.5   hospitalization if these services were not provided, and the 
 34.6   daily care needs are more complex than a nursing facility level 
 34.7   of care.  
 34.8      A child with serious emotional disturbance requires a level 
 34.9   of care provided in a hospital if the commissioner determines 
 34.10  that the individual requires 24-hour supervision because the 
 34.11  person exhibits recurrent or frequent suicidal or homicidal 
 34.12  ideation or behavior, recurrent or frequent psychosomatic 
 34.13  disorders or somatopsychic disorders that may become life 
 34.14  threatening, recurrent or frequent severe socially unacceptable 
 34.15  behavior associated with psychiatric disorder, ongoing and 
 34.16  chronic psychosis or severe, ongoing and chronic developmental 
 34.17  problems requiring continuous skilled observation, or severe 
 34.18  disabling symptoms for which office-centered outpatient 
 34.19  treatment is not adequate, and which overall severely impact the 
 34.20  individual's ability to function. 
 34.21     (c) For purposes of this subdivision, "nursing facility" 
 34.22  means a facility which provides nursing care as defined in 
 34.23  section 144A.01, subdivision 5, licensed pursuant to sections 
 34.24  144A.02 to 144A.10, which is appropriate if a person is in 
 34.25  active restorative treatment; is in need of special treatments 
 34.26  provided or supervised by a licensed nurse; or has unpredictable 
 34.27  episodes of active disease processes requiring immediate 
 34.28  judgment by a licensed nurse.  For purposes of this subdivision, 
 34.29  a child requires the level of care provided in a nursing 
 34.30  facility if the child is determined by the commissioner to meet 
 34.31  the requirements of the preadmission screening assessment 
 34.32  document under section 256B.0911 and the home care independent 
 34.33  rating document under section 256B.0627, subdivision 5, 
 34.34  paragraph (f) (e), clause (2), item (iii), adjusted to address 
 34.35  age-appropriate standards for children age 18 and under, 
 34.36  pursuant to section 256B.0627, subdivision 5, paragraph (d), 
 35.1   clause (2). 
 35.2      (d) For purposes of this subdivision, "intermediate care 
 35.3   facility for persons with mental retardation or related 
 35.4   conditions" or "ICF/MR" means a program licensed to provide 
 35.5   services to persons with mental retardation under section 
 35.6   252.28, and chapter 245A, and a physical plant licensed as a 
 35.7   supervised living facility under chapter 144, which together are 
 35.8   certified by the Minnesota Department of Health as meeting the 
 35.9   standards in Code of Federal Regulations, title 42, part 483, 
 35.10  for an intermediate care facility which provides services for 
 35.11  persons with mental retardation or persons with related 
 35.12  conditions who require 24-hour supervision and active treatment 
 35.13  for medical, behavioral, or habilitation needs.  For purposes of 
 35.14  this subdivision, a child requires a level of care provided in 
 35.15  an ICF/MR if the commissioner finds that the child has mental 
 35.16  retardation or a related condition in accordance with section 
 35.17  256B.092, is in need of a 24-hour plan of care and active 
 35.18  treatment similar to persons with mental retardation, and there 
 35.19  is a reasonable indication that the child will need ICF/MR 
 35.20  services. 
 35.21     (e) For purposes of this subdivision, a person requires the 
 35.22  level of care provided in a nursing facility if the person 
 35.23  requires 24-hour monitoring or supervision and a plan of mental 
 35.24  health treatment because of specific symptoms or functional 
 35.25  impairments associated with a serious mental illness or disorder 
 35.26  diagnosis, which meet severity criteria for mental health 
 35.27  established by the commissioner and published in March 1997 as 
 35.28  the Minnesota Mental Health Level of Care for Children and 
 35.29  Adolescents with Severe Emotional Disorders. 
 35.30     (f) The determination of the level of care needed by the 
 35.31  child shall be made by the commissioner based on information 
 35.32  supplied to the commissioner by the parent or guardian, the 
 35.33  child's physician or physicians, and other professionals as 
 35.34  requested by the commissioner.  The commissioner shall establish 
 35.35  a screening team to conduct the level of care determinations 
 35.36  according to this subdivision. 
 36.1      (g) If a child meets the conditions in paragraph (b), (c), 
 36.2   (d), or (e), the commissioner must assess the case to determine 
 36.3   whether: 
 36.4      (1) the child qualifies as a disabled individual under 
 36.5   United States Code, title 42, section 1382c(a), and would be 
 36.6   eligible for medical assistance if residing in a medical 
 36.7   institution; and 
 36.8      (2) the cost of medical assistance services for the child, 
 36.9   if eligible under this subdivision, would not be more than the 
 36.10  cost to medical assistance if the child resides in a medical 
 36.11  institution to be determined as follows: 
 36.12     (i) for a child who requires a level of care provided in an 
 36.13  ICF/MR, the cost of care for the child in an institution shall 
 36.14  be determined using the average payment rate established for the 
 36.15  regional treatment centers that are certified as ICFs/MR; 
 36.16     (ii) for a child who requires a level of care provided in 
 36.17  an inpatient hospital setting according to paragraph (b), 
 36.18  cost-effectiveness shall be determined according to Minnesota 
 36.19  Rules, part 9505.3520, items F and G; and 
 36.20     (iii) for a child who requires a level of care provided in 
 36.21  a nursing facility according to paragraph (c) or (e), 
 36.22  cost-effectiveness shall be determined according to Minnesota 
 36.23  Rules, part 9505.3040, except that the nursing facility average 
 36.24  rate shall be adjusted to reflect rates which would be paid for 
 36.25  children under age 16.  The commissioner may authorize an amount 
 36.26  up to the amount medical assistance would pay for a child 
 36.27  referred to the commissioner by the preadmission screening team 
 36.28  under section 256B.0911. 
 36.29     (h) Children eligible for medical assistance services under 
 36.30  section 256B.055, subdivision 12, as of June 30, 1995, must be 
 36.31  screened according to the criteria in this subdivision prior to 
 36.32  January 1, 1996.  Children found to be ineligible may not be 
 36.33  removed from the program until January 1, 1996. 
 36.34     Sec. 48.  Minnesota Statutes 2004, section 256B.0625, 
 36.35  subdivision 6a, is amended to read: 
 36.36     Subd. 6a.  [HOME HEALTH SERVICES.] Home health services are 
 37.1   those services specified in Minnesota Rules, part 
 37.2   9505.0290 9505.0295. Medical assistance covers home health 
 37.3   services at a recipient's home residence.  Medical assistance 
 37.4   does not cover home health services for residents of a hospital, 
 37.5   nursing facility, or intermediate care facility, unless the 
 37.6   commissioner of human services has prior authorized skilled 
 37.7   nurse visits for less than 90 days for a resident at an 
 37.8   intermediate care facility for persons with mental retardation, 
 37.9   to prevent an admission to a hospital or nursing facility or 
 37.10  unless a resident who is otherwise eligible is on leave from the 
 37.11  facility and the facility either pays for the home health 
 37.12  services or forgoes the facility per diem for the leave days 
 37.13  that home health services are used.  Home health services must 
 37.14  be provided by a Medicare certified home health agency.  All 
 37.15  nursing and home health aide services must be provided according 
 37.16  to section 256B.0627. 
 37.17     Sec. 49.  Minnesota Statutes 2004, section 256B.0627, 
 37.18  subdivision 1, is amended to read: 
 37.19     Subdivision 1.  [DEFINITION.] (a) "Activities of daily 
 37.20  living" includes eating, toileting, grooming, dressing, bathing, 
 37.21  transferring, mobility, and positioning.  
 37.22     (b) "Assessment" means a review and evaluation of a 
 37.23  recipient's need for home care services conducted in person.  
 37.24  Assessments for private duty nursing shall be conducted by a 
 37.25  registered private duty nurse.  Assessments for home health 
 37.26  agency services shall be conducted by a home health agency 
 37.27  nurse.  Assessments for personal care assistant services shall 
 37.28  be conducted by the county public health nurse or a certified 
 37.29  public health nurse under contract with the county.  A 
 37.30  face-to-face assessment must include:  documentation of health 
 37.31  status, determination of need, evaluation of service 
 37.32  effectiveness, identification of appropriate services, service 
 37.33  plan development or modification, coordination of services, 
 37.34  referrals and follow-up to appropriate payers and community 
 37.35  resources, completion of required reports, recommendation of 
 37.36  service authorization, and consumer education.  Once the need 
 38.1   for personal care assistant services is determined under this 
 38.2   section, the county public health nurse or certified public 
 38.3   health nurse under contract with the county is responsible for 
 38.4   communicating this recommendation to the commissioner and the 
 38.5   recipient.  A face-to-face assessment for personal care 
 38.6   assistant services is conducted on those recipients who have 
 38.7   never had a county public health nurse assessment.  A 
 38.8   face-to-face assessment must occur at least annually or when 
 38.9   there is a significant change in the recipient's condition or 
 38.10  when there is a change in the need for personal care assistant 
 38.11  services.  A service update may substitute for the annual 
 38.12  face-to-face assessment when there is not a significant change 
 38.13  in recipient condition or a change in the need for personal care 
 38.14  assistant service.  A service update or review for temporary 
 38.15  increase includes a review of initial baseline data, evaluation 
 38.16  of service effectiveness, redetermination of service need, 
 38.17  modification of service plan and appropriate referrals, update 
 38.18  of initial forms, obtaining service authorization, and on going 
 38.19  consumer education.  Assessments for medical assistance home 
 38.20  care services for mental retardation or related conditions and 
 38.21  alternative care services for developmentally disabled home and 
 38.22  community-based waivered recipients may be conducted by the 
 38.23  county public health nurse to ensure coordination and avoid 
 38.24  duplication.  Assessments must be completed on forms provided by 
 38.25  the commissioner within 30 days of a request for home care 
 38.26  services by a recipient or responsible party. 
 38.27     (c) "Care plan" means a written description of personal 
 38.28  care assistant services developed by the qualified professional 
 38.29  or the recipient's physician with the recipient or responsible 
 38.30  party to be used by the personal care assistant with a copy 
 38.31  provided to the recipient or responsible party. 
 38.32     (d) "Complex and regular private duty nursing care" means: 
 38.33     (1) complex care is private duty nursing provided to 
 38.34  recipients who are ventilator dependent or for whom a physician 
 38.35  has certified that were it not for private duty nursing the 
 38.36  recipient would meet the criteria for inpatient hospital 
 39.1   intensive care unit (ICU) level of care; and 
 39.2      (2) regular care is private duty nursing provided to all 
 39.3   other recipients. 
 39.4      (e) "Health-related functions" means functions that can be 
 39.5   delegated or assigned by a licensed health care professional 
 39.6   under state law to be performed by a personal care 
 39.7   attendant assistant. 
 39.8      (f) "Home care services" means a health service, determined 
 39.9   by the commissioner as medically necessary, that is ordered by a 
 39.10  physician and documented in a service plan that is reviewed by 
 39.11  the physician at least once every 60 days for the provision of 
 39.12  home health services, or private duty nursing, or at least once 
 39.13  every 365 days for personal care.  Home care services are 
 39.14  provided to the recipient at the recipient's residence that is a 
 39.15  place other than a hospital or long-term care facility or as 
 39.16  specified in section 256B.0625.  
 39.17     (g) "Instrumental activities of daily living" includes meal 
 39.18  planning and preparation, managing finances, shopping for food, 
 39.19  clothing, and other essential items, performing essential 
 39.20  household chores, communication by telephone and other media, 
 39.21  and getting around and participating in the community. 
 39.22     (h) "Medically necessary" has the meaning given in 
 39.23  Minnesota Rules, parts 9505.0170 to 9505.0475.  
 39.24     (i) "Personal care assistant" means a person who:  
 39.25     (1) is at least 18 years old, except for persons 16 to 18 
 39.26  years of age who participated in a related school-based job 
 39.27  training program or have completed a certified home health aide 
 39.28  competency evaluation; 
 39.29     (2) is able to effectively communicate with the recipient 
 39.30  and personal care provider organization; 
 39.31     (3) effective July 1, 1996, has completed one of the 
 39.32  training requirements as specified in Minnesota Rules, part 
 39.33  9505.0335, subpart 3, items A to D; 
 39.34     (4) has the ability to, and provides covered personal care 
 39.35  assistant services according to the recipient's care plan, 
 39.36  responds appropriately to recipient needs, and reports changes 
 40.1   in the recipient's condition to the supervising qualified 
 40.2   professional or physician; 
 40.3      (5) is not a consumer of personal care assistant services; 
 40.4   and 
 40.5      (6) is subject to criminal background checks and procedures 
 40.6   specified in chapter 245C.  
 40.7      (j) "Personal care provider organization" means an 
 40.8   organization enrolled to provide personal care assistant 
 40.9   services under the medical assistance program that complies with 
 40.10  the following:  (1) owners who have a five percent interest or 
 40.11  more, and managerial officials are subject to a background study 
 40.12  as provided in chapter 245C.  This applies to currently enrolled 
 40.13  personal care provider organizations and those agencies seeking 
 40.14  enrollment as a personal care provider organization.  An 
 40.15  organization will be barred from enrollment if an owner or 
 40.16  managerial official of the organization has been convicted of a 
 40.17  crime specified in chapter 245C, or a comparable crime in 
 40.18  another jurisdiction, unless the owner or managerial official 
 40.19  meets the reconsideration criteria specified in chapter 245C; 
 40.20  (2) the organization must maintain a surety bond and liability 
 40.21  insurance throughout the duration of enrollment and provides 
 40.22  proof thereof.  The insurer must notify the Department of Human 
 40.23  Services of the cancellation or lapse of policy; and (3) the 
 40.24  organization must maintain documentation of services as 
 40.25  specified in Minnesota Rules, part 9505.2175, subpart 7, as well 
 40.26  as evidence of compliance with personal care assistant training 
 40.27  requirements. 
 40.28     (k) "Responsible party" means an individual who is capable 
 40.29  of providing the support necessary to assist the recipient to 
 40.30  live in the community, is at least 18 years old, actively 
 40.31  participates in planning and directing of personal care 
 40.32  assistant services, and is not the personal care assistant.  The 
 40.33  responsible party must be accessible to the recipient and the 
 40.34  personal care assistant when personal care services are being 
 40.35  provided and monitor the services at least weekly according to 
 40.36  the plan of care.  The responsible party must be identified at 
 41.1   the time of assessment and listed on the recipient's service 
 41.2   agreement and care plan.  Responsible parties may delegate the 
 41.3   responsibility to another adult who is not the personal care 
 41.4   assistant.  The responsible party must assure that the delegate 
 41.5   performs the functions of the responsible party, is identified 
 41.6   at the time of the assessment, and is listed on the service 
 41.7   agreement and the care plan.  Foster care license holders may be 
 41.8   designated the responsible party for residents of the foster 
 41.9   care home if case management is provided as required in section 
 41.10  256B.0625, subdivision 19a.  For persons who, as of April 1, 
 41.11  1992, are sharing personal care assistant services in order to 
 41.12  obtain the availability of 24-hour coverage, an employee of the 
 41.13  personal care provider organization may be designated as the 
 41.14  responsible party if case management is provided as required in 
 41.15  section 256B.0625, subdivision 19a. 
 41.16     (l) "Service plan" means a written description of the 
 41.17  services needed based on the assessment developed by the nurse 
 41.18  who conducts the assessment together with the recipient or 
 41.19  responsible party.  The service plan shall include a description 
 41.20  of the covered home care services, frequency and duration of 
 41.21  services, and expected outcomes and goals.  The recipient and 
 41.22  the provider chosen by the recipient or responsible party must 
 41.23  be given a copy of the completed service plan within 30 calendar 
 41.24  days of the request for home care services by the recipient or 
 41.25  responsible party. 
 41.26     (m) "Skilled nurse visits" are provided in a recipient's 
 41.27  residence under a plan of care or service plan that specifies a 
 41.28  level of care which the nurse is qualified to provide.  These 
 41.29  services are: 
 41.30     (1) nursing services according to the written plan of care 
 41.31  or service plan and accepted standards of medical and nursing 
 41.32  practice in accordance with chapter 148; 
 41.33     (2) services which due to the recipient's medical condition 
 41.34  may only be safely and effectively provided by a registered 
 41.35  nurse or a licensed practical nurse; 
 41.36     (3) assessments performed only by a registered nurse; and 
 42.1      (4) teaching and training the recipient, the recipient's 
 42.2   family, or other caregivers requiring the skills of a registered 
 42.3   nurse or licensed practical nurse. 
 42.4      (n) "Telehomecare" means the use of telecommunications 
 42.5   technology by a home health care professional to deliver home 
 42.6   health care services, within the professional's scope of 
 42.7   practice, to a patient located at a site other than the site 
 42.8   where the practitioner is located. 
 42.9      Sec. 50.  Minnesota Statutes 2004, section 256B.0627, 
 42.10  subdivision 5, is amended to read: 
 42.11     Subd. 5.  [LIMITATION ON PAYMENTS.] Medical assistance 
 42.12  payments for home care services shall be limited according to 
 42.13  this subdivision.  
 42.14     (a)  [LIMITS ON SERVICES WITHOUT PRIOR AUTHORIZATION.] A 
 42.15  recipient may receive the following home care services during a 
 42.16  calendar year: 
 42.17     (1) up to two face-to-face assessments to determine a 
 42.18  recipient's need for personal care assistant services; 
 42.19     (2) one service update done to determine a recipient's need 
 42.20  for personal care assistant services; and 
 42.21     (3) up to nine skilled nurse visits.  
 42.22     (b)  [PRIOR AUTHORIZATION; EXCEPTIONS.] All home care 
 42.23  services above the limits in paragraph (a) must receive the 
 42.24  commissioner's prior authorization, except when: 
 42.25     (1) the home care services were required to treat an 
 42.26  emergency medical condition that if not immediately treated 
 42.27  could cause a recipient serious physical or mental disability, 
 42.28  continuation of severe pain, or death.  The provider must 
 42.29  request retroactive authorization no later than five working 
 42.30  days after giving the initial service.  The provider must be 
 42.31  able to substantiate the emergency by documentation such as 
 42.32  reports, notes, and admission or discharge histories; 
 42.33     (2) the home care services were provided on or after the 
 42.34  date on which the recipient's eligibility began, but before the 
 42.35  date on which the recipient was notified that the case was 
 42.36  opened.  Authorization will be considered if the request is 
 43.1   submitted by the provider within 20 working days of the date the 
 43.2   recipient was notified that the case was opened; 
 43.3      (3) a third-party payor for home care services has denied 
 43.4   or adjusted a payment.  Authorization requests must be submitted 
 43.5   by the provider within 20 working days of the notice of denial 
 43.6   or adjustment.  A copy of the notice must be included with the 
 43.7   request; 
 43.8      (4) the commissioner has determined that a county or state 
 43.9   human services agency has made an error; or 
 43.10     (5) the professional nurse determines an immediate need for 
 43.11  up to 40 skilled nursing or home health aide visits per calendar 
 43.12  year and submits a request for authorization within 20 working 
 43.13  days of the initial service date, and medical assistance is 
 43.14  determined to be the appropriate payer. 
 43.15     (c)  [RETROACTIVE AUTHORIZATION.] A request for retroactive 
 43.16  authorization will be evaluated according to the same criteria 
 43.17  applied to prior authorization requests.  
 43.18     (d)  [ASSESSMENT AND SERVICE PLAN.] Assessments under 
 43.19  section 256B.0627, subdivision 1, paragraph (a) (b), shall be 
 43.20  conducted initially, and at least annually thereafter, in person 
 43.21  with the recipient and result in a completed service plan using 
 43.22  forms specified by the commissioner.  Within 30 days of 
 43.23  recipient or responsible party request for home care services, 
 43.24  the assessment, the service plan, and other information 
 43.25  necessary to determine medical necessity such as diagnostic or 
 43.26  testing information, social or medical histories, and hospital 
 43.27  or facility discharge summaries shall be submitted to the 
 43.28  commissioner.  Notwithstanding the provisions of section 
 43.29  256B.0627, subdivision 12, the commissioner shall maximize 
 43.30  federal financial participation to pay for public health nurse 
 43.31  assessments for personal care services.  For personal care 
 43.32  assistant services: 
 43.33     (1) The amount and type of service authorized based upon 
 43.34  the assessment and service plan will follow the recipient if the 
 43.35  recipient chooses to change providers.  
 43.36     (2) If the recipient's medical need changes, the 
 44.1   recipient's provider may assess the need for a change in service 
 44.2   authorization and request the change from the county public 
 44.3   health nurse.  Within 30 days of the request, the public health 
 44.4   nurse will determine whether to request the change in services 
 44.5   based upon the provider assessment, or conduct a home visit to 
 44.6   assess the need and determine whether the change is appropriate. 
 44.7      (3) To continue to receive personal care assistant services 
 44.8   after the first year, the recipient or the responsible party, in 
 44.9   conjunction with the public health nurse, may complete a service 
 44.10  update on forms developed by the commissioner according to 
 44.11  criteria and procedures in subdivision 1.  
 44.12     (e)  [PRIOR AUTHORIZATION.] The commissioner, or the 
 44.13  commissioner's designee, shall review the assessment, service 
 44.14  update, request for temporary services, service plan, and any 
 44.15  additional information that is submitted.  The commissioner 
 44.16  shall, within 30 days after receiving a complete request, 
 44.17  assessment, and service plan, authorize home care services as 
 44.18  follows:  
 44.19     (1)  [HOME HEALTH SERVICES.] All home health services 
 44.20  provided by a home health aide must be prior authorized by the 
 44.21  commissioner or the commissioner's designee.  Prior 
 44.22  authorization must be based on medical necessity and 
 44.23  cost-effectiveness when compared with other care options.  When 
 44.24  home health services are used in combination with personal care 
 44.25  and private duty nursing, the cost of all home care services 
 44.26  shall be considered for cost-effectiveness.  The commissioner 
 44.27  shall limit home health aide visits to no more than one visit 
 44.28  each per day.  The commissioner, or the commissioner's designee, 
 44.29  may authorize up to two skilled nurse visits per day. 
 44.30     (2)  [PERSONAL CARE ASSISTANT SERVICES.] (i) All personal 
 44.31  care assistant services and supervision by a qualified 
 44.32  professional, if requested by the recipient, must be prior 
 44.33  authorized by the commissioner or the commissioner's designee 
 44.34  except for the assessments established in paragraph (a).  The 
 44.35  amount of personal care assistant services authorized must be 
 44.36  based on the recipient's home care rating.  A child may not be 
 45.1   found to be dependent in an activity of daily living if because 
 45.2   of the child's age an adult would either perform the activity 
 45.3   for the child or assist the child with the activity and the 
 45.4   amount of assistance needed is similar to the assistance 
 45.5   appropriate for a typical child of the same age.  Based on 
 45.6   medical necessity, the commissioner may authorize: 
 45.7      (A) up to two times the average number of direct care hours 
 45.8   provided in nursing facilities for the recipient's comparable 
 45.9   case mix level; or 
 45.10     (B) up to three times the average number of direct care 
 45.11  hours provided in nursing facilities for recipients who have 
 45.12  complex medical needs or are dependent in at least seven 
 45.13  activities of daily living and need physical assistance with 
 45.14  eating or have a neurological diagnosis; or 
 45.15     (C) up to 60 percent of the average reimbursement rate, as 
 45.16  of July 1, 1991, for care provided in a regional treatment 
 45.17  center for recipients who have Level I behavior, plus any 
 45.18  inflation adjustment as provided by the legislature for personal 
 45.19  care service; or 
 45.20     (D) up to the amount the commissioner would pay, as of July 
 45.21  1, 1991, plus any inflation adjustment provided for home care 
 45.22  services, for care provided in a regional treatment center for 
 45.23  recipients referred to the commissioner by a regional treatment 
 45.24  center preadmission evaluation team.  For purposes of this 
 45.25  clause, home care services means all services provided in the 
 45.26  home or community that would be included in the payment to a 
 45.27  regional treatment center; or 
 45.28     (E) up to the amount medical assistance would reimburse for 
 45.29  facility care for recipients referred to the commissioner by a 
 45.30  preadmission screening team established under section 256B.0911 
 45.31  or 256B.092; and 
 45.32     (F) a reasonable amount of time for the provision of 
 45.33  supervision by a qualified professional of personal care 
 45.34  assistant services, if a qualified professional is requested by 
 45.35  the recipient or responsible party.  
 45.36     (ii) The number of direct care hours shall be determined 
 46.1   according to the annual cost report submitted to the department 
 46.2   by nursing facilities.  The average number of direct care hours, 
 46.3   as established by May 1, 1992, shall be calculated and 
 46.4   incorporated into the home care limits on July 1, 1992.  These 
 46.5   limits shall be calculated to the nearest quarter hour. 
 46.6      (iii) The home care rating shall be determined by the 
 46.7   commissioner or the commissioner's designee based on information 
 46.8   submitted to the commissioner by the county public health nurse 
 46.9   on forms specified by the commissioner.  The home care rating 
 46.10  shall be a combination of current assessment tools developed 
 46.11  under sections 256B.0911 and 256B.501 with an addition for 
 46.12  seizure activity that will assess the frequency and severity of 
 46.13  seizure activity and with adjustments, additions, and 
 46.14  clarifications that are necessary to reflect the needs and 
 46.15  conditions of recipients who need home care including children 
 46.16  and adults under 65 years of age.  The commissioner shall 
 46.17  establish these forms and protocols under this section and shall 
 46.18  use an advisory group, including representatives of recipients, 
 46.19  providers, and counties, for consultation in establishing and 
 46.20  revising the forms and protocols. 
 46.21     (iv) A recipient shall qualify as having complex medical 
 46.22  needs if the care required is difficult to perform and because 
 46.23  of recipient's medical condition requires more time than 
 46.24  community-based standards allow or requires more skill than 
 46.25  would ordinarily be required and the recipient needs or has one 
 46.26  or more of the following: 
 46.27     (A) daily tube feedings; 
 46.28     (B) daily parenteral therapy; 
 46.29     (C) wound or decubiti care; 
 46.30     (D) postural drainage, percussion, nebulizer treatments, 
 46.31  suctioning, tracheotomy care, oxygen, mechanical ventilation; 
 46.32     (E) catheterization; 
 46.33     (F) ostomy care; 
 46.34     (G) quadriplegia; or 
 46.35     (H) other comparable medical conditions or treatments the 
 46.36  commissioner determines would otherwise require institutional 
 47.1   care.  
 47.2      (v) A recipient shall qualify as having Level I behavior if 
 47.3   there is reasonable supporting evidence that the recipient 
 47.4   exhibits, or that without supervision, observation, or 
 47.5   redirection would exhibit, one or more of the following 
 47.6   behaviors that cause, or have the potential to cause: 
 47.7      (A) injury to the recipient's own body; 
 47.8      (B) physical injury to other people; or 
 47.9      (C) destruction of property. 
 47.10     (vi) Time authorized for personal care relating to Level I 
 47.11  behavior in subclause (v), items (A) to (C), shall be based on 
 47.12  the predictability, frequency, and amount of intervention 
 47.13  required. 
 47.14     (vii) A recipient shall qualify as having Level II behavior 
 47.15  if the recipient exhibits on a daily basis one or more of the 
 47.16  following behaviors that interfere with the completion of 
 47.17  personal care assistant services under subdivision 4, paragraph 
 47.18  (a): 
 47.19     (A) unusual or repetitive habits; 
 47.20     (B) withdrawn behavior; or 
 47.21     (C) offensive behavior. 
 47.22     (viii) A recipient with a home care rating of Level II 
 47.23  behavior in subclause (vii), items (A) to (C), shall be rated as 
 47.24  comparable to a recipient with complex medical needs under 
 47.25  subclause (iv).  If a recipient has both complex medical needs 
 47.26  and Level II behavior, the home care rating shall be the next 
 47.27  complex category up to the maximum rating under subclause (i), 
 47.28  item (B). 
 47.29     (3)  [PRIVATE DUTY NURSING SERVICES.] All private duty 
 47.30  nursing services shall be prior authorized by the commissioner 
 47.31  or the commissioner's designee.  Prior authorization for private 
 47.32  duty nursing services shall be based on medical necessity and 
 47.33  cost-effectiveness when compared with alternative care options.  
 47.34  The commissioner may authorize medically necessary private duty 
 47.35  nursing services in quarter-hour units when: 
 47.36     (i) the recipient requires more individual and continuous 
 48.1   care than can be provided during a nurse visit; or 
 48.2      (ii) the cares are outside of the scope of services that 
 48.3   can be provided by a home health aide or personal care assistant.
 48.4      The commissioner may authorize: 
 48.5      (A) up to two times the average amount of direct care hours 
 48.6   provided in nursing facilities statewide for case mix 
 48.7   classification "K" as established by the annual cost report 
 48.8   submitted to the department by nursing facilities in May 1992; 
 48.9      (B) private duty nursing in combination with other home 
 48.10  care services up to the total cost allowed under clause (2); 
 48.11     (C) up to 16 hours per day if the recipient requires more 
 48.12  nursing than the maximum number of direct care hours as 
 48.13  established in item (A) and the recipient meets the hospital 
 48.14  admission criteria established under Minnesota Rules, parts 
 48.15  9505.0501 to 9505.0540.  
 48.16     The commissioner may authorize up to 16 hours per day of 
 48.17  medically necessary private duty nursing services or up to 24 
 48.18  hours per day of medically necessary private duty nursing 
 48.19  services until such time as the commissioner is able to make a 
 48.20  determination of eligibility for recipients who are 
 48.21  cooperatively applying for home care services under the 
 48.22  community alternative care program developed under section 
 48.23  256B.49, or until it is determined by the appropriate regulatory 
 48.24  agency that a health benefit plan is or is not required to pay 
 48.25  for appropriate medically necessary health care services.  
 48.26  Recipients or their representatives must cooperatively assist 
 48.27  the commissioner in obtaining this determination.  Recipients 
 48.28  who are eligible for the community alternative care program may 
 48.29  not receive more hours of nursing under this section than would 
 48.30  otherwise be authorized under section 256B.49.  
 48.31     (4)  [VENTILATOR-DEPENDENT RECIPIENTS.] If the recipient is 
 48.32  ventilator-dependent, the monthly medical assistance 
 48.33  authorization for home care services shall not exceed what the 
 48.34  commissioner would pay for care at the highest cost hospital 
 48.35  designated as a long-term hospital under the Medicare program.  
 48.36  For purposes of this clause, home care services means all 
 49.1   services provided in the home that would be included in the 
 49.2   payment for care at the long-term hospital.  
 49.3   "Ventilator-dependent" means an individual who receives 
 49.4   mechanical ventilation for life support at least six hours per 
 49.5   day and is expected to be or has been dependent for at least 30 
 49.6   consecutive days.  
 49.7      (f)  [PRIOR AUTHORIZATION; TIME LIMITS.] The commissioner 
 49.8   or the commissioner's designee shall determine the time period 
 49.9   for which a prior authorization shall be effective.  If the 
 49.10  recipient continues to require home care services beyond the 
 49.11  duration of the prior authorization, the home care provider must 
 49.12  request a new prior authorization.  Under no circumstances, 
 49.13  other than the exceptions in paragraph (b), shall a prior 
 49.14  authorization be valid prior to the date the commissioner 
 49.15  receives the request or for more than 12 months.  A recipient 
 49.16  who appeals a reduction in previously authorized home care 
 49.17  services may continue previously authorized services, other than 
 49.18  temporary services under paragraph (h), pending an appeal under 
 49.19  section 256.045.  The commissioner must provide a detailed 
 49.20  explanation of why the authorized services are reduced in amount 
 49.21  from those requested by the home care provider.  
 49.22     (g)  [APPROVAL OF HOME CARE SERVICES.] The commissioner or 
 49.23  the commissioner's designee shall determine the medical 
 49.24  necessity of home care services, the level of caregiver 
 49.25  according to subdivision 2, and the institutional comparison 
 49.26  according to this subdivision, the cost-effectiveness of 
 49.27  services, and the amount, scope, and duration of home care 
 49.28  services reimbursable by medical assistance, based on the 
 49.29  assessment, primary payer coverage determination information as 
 49.30  required, the service plan, the recipient's age, the cost of 
 49.31  services, the recipient's medical condition, and diagnosis or 
 49.32  disability.  The commissioner may publish additional criteria 
 49.33  for determining medical necessity according to section 256B.04. 
 49.34     (h)  [PRIOR AUTHORIZATION REQUESTS; TEMPORARY SERVICES.] 
 49.35  The agency nurse, the independently enrolled private duty nurse, 
 49.36  or county public health nurse may request a temporary 
 50.1   authorization for home care services by telephone.  The 
 50.2   commissioner may approve a temporary level of home care services 
 50.3   based on the assessment, and service or care plan information, 
 50.4   and primary payer coverage determination information as required.
 50.5   Authorization for a temporary level of home care services 
 50.6   including nurse supervision is limited to the time specified by 
 50.7   the commissioner, but shall not exceed 45 days, unless extended 
 50.8   because the county public health nurse has not completed the 
 50.9   required assessment and service plan, or the commissioner's 
 50.10  determination has not been made.  The level of services 
 50.11  authorized under this provision shall have no bearing on a 
 50.12  future prior authorization. 
 50.13     (i)  [PRIOR AUTHORIZATION REQUIRED IN FOSTER CARE SETTING.] 
 50.14  Home care services provided in an adult or child foster care 
 50.15  setting must receive prior authorization by the department 
 50.16  according to the limits established in paragraph (a). 
 50.17     The commissioner may not authorize: 
 50.18     (1) home care services that are the responsibility of the 
 50.19  foster care provider under the terms of the foster care 
 50.20  placement agreement and administrative rules; 
 50.21     (2) personal care assistant services when the foster care 
 50.22  license holder is also the personal care provider or personal 
 50.23  care assistant unless the recipient can direct the recipient's 
 50.24  own care, or case management is provided as required in section 
 50.25  256B.0625, subdivision 19a; 
 50.26     (3) personal care assistant services when the responsible 
 50.27  party is an employee of, or under contract with, or has any 
 50.28  direct or indirect financial relationship with the personal care 
 50.29  provider or personal care assistant, unless case management is 
 50.30  provided as required in section 256B.0625, subdivision 19a; or 
 50.31     (4) personal care assistant and private duty nursing 
 50.32  services when the number of foster care residents is greater 
 50.33  than four unless the county responsible for the recipient's 
 50.34  foster placement made the placement prior to April 1, 1992, 
 50.35  requests that personal care assistant and private duty nursing 
 50.36  services be provided, and case management is provided as 
 51.1   required in section 256B.0625, subdivision 19a. 
 51.2      Sec. 51.  Minnesota Statutes 2004, section 256B.0917, 
 51.3   subdivision 4, is amended to read: 
 51.4      Subd. 4.  [ACCESSIBLE INFORMATION, SCREENING, AND 
 51.5   ASSESSMENT FUNCTION.] (a) The projects selected by and under 
 51.6   contract with the commissioner shall establish an accessible 
 51.7   information, screening, and assessment function for persons who 
 51.8   need assistance and information regarding long-term care.  This 
 51.9   accessible information, screening, and assessment activity shall 
 51.10  include information and referral, early intervention, follow-up 
 51.11  contacts, telephone screening, home visits, assessments, 
 51.12  preadmission screening, and relocation case management for the 
 51.13  frail elderly and their caregivers in the area served by the 
 51.14  county or counties.  The purpose is to ensure that information 
 51.15  and help is provided to elderly persons and their families in a 
 51.16  timely fashion, when they are making decisions about long-term 
 51.17  care.  These functions may be split among various agencies, but 
 51.18  must be coordinated by the local long-term care coordinating 
 51.19  team. 
 51.20     (b) Accessible information, screening, and assessment 
 51.21  functions shall be reimbursed as follows: 
 51.22     (1) The screenings of all persons entering nursing homes 
 51.23  shall be reimbursed as defined in section 256B.0911, subdivision 
 51.24  6; and 
 51.25     (2) Additional state administrative funds shall be 
 51.26  available for the access, screening, and assessment activities 
 51.27  that are not reimbursed under clause (1).  This amount shall not 
 51.28  exceed the amount authorized in the guidelines and in 
 51.29  instructions for the application and must be within the amount 
 51.30  appropriated for this activity. 
 51.31     (c) Any information and referral functions funded by other 
 51.32  sources, such as Title III of the Older Americans Act and Title 
 51.33  XX of the Social Security Act and the Community Social Services 
 51.34  Act, shall be considered by the local long-term care 
 51.35  coordinating team in establishing this function to avoid 
 51.36  duplication and to ensure access to information for persons 
 52.1   needing help and information regarding long-term care. 
 52.2      (d) The lead agency or the agencies under contract with the 
 52.3   lead agency which are responsible for the accessible 
 52.4   information, screening, and assessment function must complete 
 52.5   the forms and reports required by the commissioner as specified 
 52.6   in the contract. 
 52.7      Sec. 52.  Minnesota Statutes 2004, section 256B.0917, 
 52.8   subdivision 5, is amended to read: 
 52.9      Subd. 5.  [SERVICE DEVELOPMENT AND SERVICE DELIVERY.] (a) 
 52.10  In addition to the access, screening, and assessment activity, 
 52.11  each local strategy may include provisions for the following: 
 52.12     (1) the addition of a full-time staff person who is 
 52.13  responsible to develop the following services and recruit 
 52.14  providers as established in the contract: 
 52.15     (i) additional adult family foster care homes; 
 52.16     (ii) family adult day care providers as defined in section 
 52.17  256B.0919, subdivision 2; 
 52.18     (iii) an assisted living program in an apartment; 
 52.19     (iv) a congregate housing service project in a subsidized 
 52.20  housing project; and 
 52.21     (v) the expansion of evening and weekend coverage of home 
 52.22  care services as deemed necessary by the local strategic plan; 
 52.23     (2) small incentive grants to new adult family care 
 52.24  providers for renovations needed to meet licensure requirements; 
 52.25     (3) a plan to apply for a congregate housing service 
 52.26  project as identified in section 256.9731, authorized by the 
 52.27  Minnesota Board on Aging, to the extent that funds are 
 52.28  available; 
 52.29     (4) (3) a plan to divert new applicants to nursing homes 
 52.30  and to relocate a targeted population from nursing homes, using 
 52.31  the individual's own resources or the funding available for 
 52.32  services; 
 52.33     (5) (4) one or more caregiver support and respite care 
 52.34  projects, as described in subdivision 6; and 
 52.35     (6) (5) one or more living-at-home/block nurse projects, as 
 52.36  described in subdivisions 7 to 10. 
 53.1      (b) The expansion of alternative care clients under 
 53.2   paragraph (a) shall be accomplished with the funds provided 
 53.3   under section 256B.0913, and includes the allocation of targeted 
 53.4   funds.  The funding for all participating counties must be 
 53.5   coordinated by the local long-term care coordinating team and 
 53.6   must be part of the local long-term care strategy.  Alternative 
 53.7   care funds may be transferred from one SAIL county to another 
 53.8   within a designated SAIL project area during a fiscal year as 
 53.9   authorized by the local long-term care coordinating team and 
 53.10  approved by the commissioner.  The base allocation used for a 
 53.11  future year shall reflect the final transfer.  Each county 
 53.12  retains responsibility for reimbursement as defined in section 
 53.13  256B.0913, subdivision 12.  All other requirements for the 
 53.14  alternative care program must be met unless an exception is 
 53.15  provided in this section.  The commissioner may establish by 
 53.16  contract a reimbursement mechanism for alternative care that 
 53.17  does not require invoice processing through the Medical 
 53.18  Assistance Management Information System (MMIS).  The 
 53.19  commissioner and local agencies must assure that the same client 
 53.20  and reimbursement data is obtained as is available under MMIS.  
 53.21     (c) The administration of these components is the 
 53.22  responsibility of the agencies selected by the local 
 53.23  coordinating team and under contract with the local lead 
 53.24  agency.  However, administrative funds for paragraph (a), 
 53.25  clauses (2) to (5) (4), and grant funds for paragraph 
 53.26  (a), clauses (6) and (7) clause (5), shall be granted to the 
 53.27  local lead agency.  The funding available for each component is 
 53.28  based on the plan submitted and the amount negotiated in the 
 53.29  contract. 
 53.30     Sec. 53.  Minnesota Statutes 2004, section 256B.0951, 
 53.31  subdivision 8, is amended to read: 
 53.32     Subd. 8.  [FEDERAL WAIVER.] The commissioner of human 
 53.33  services shall seek a federal waiver to allow intermediate care 
 53.34  facilities for persons with mental retardation (ICFs/MR) in 
 53.35  region 10 of Minnesota to participate in the alternative 
 53.36  licensing system.  If it is necessary for purposes of 
 54.1   participation in this alternative licensing system for a 
 54.2   facility to be decertified as an ICF/MR facility according to 
 54.3   the terms of the federal waiver, when the facility seeks 
 54.4   recertification under the provisions of ICF/MR regulations at 
 54.5   the end of the demonstration project, it will not be considered 
 54.6   a new ICF/MR as defined under section 252.291 provided the 
 54.7   licensed capacity of the facility did not increase during its 
 54.8   participation in the alternative licensing system.  The 
 54.9   provisions of sections 252.82 252.28, 252.292, and 256B.5011 to 
 54.10  256B.5015 will remain applicable for counties in region 10 of 
 54.11  Minnesota and the ICFs/MR located within those counties 
 54.12  notwithstanding a county's participation in the alternative 
 54.13  licensing system. 
 54.14     Sec. 54.  Minnesota Statutes 2004, section 256B.431, 
 54.15  subdivision 14, is amended to read: 
 54.16     Subd. 14.  [LIMITATIONS ON SALES OF NURSING FACILITIES.] 
 54.17  (a) For rate periods beginning on October 1, 1992, and for rate 
 54.18  years beginning after June 30, 1993, a nursing facility's 
 54.19  property-related payment rate as established under subdivision 
 54.20  13 shall be adjusted by either paragraph (b) or (c) for the sale 
 54.21  of the nursing facility, including sales occurring after June 
 54.22  30, 1992, as provided in this subdivision. 
 54.23     (b) If the nursing facility's property-related payment rate 
 54.24  under subdivision 13 prior to sale is greater than the nursing 
 54.25  facility's rental rate under Minnesota Rules, parts 9549.0010 to 
 54.26  9549.0080, and this section prior to sale, the nursing 
 54.27  facility's property-related payment rate after sale shall be the 
 54.28  greater of its property-related payment rate under subdivision 
 54.29  13 prior to sale or its rental rate under Minnesota Rules, parts 
 54.30  9549.0010 to 9549.0080, and this section calculated after sale. 
 54.31     (c) If the nursing facility's property-related payment rate 
 54.32  under subdivision 13 prior to sale is equal to or less than the 
 54.33  nursing facility's rental rate under Minnesota Rules, parts 
 54.34  9549.0010 to 9549.0080, and this section prior to sale, the 
 54.35  nursing facility's property-related payment rate after sale 
 54.36  shall be the nursing facility's property-related payment rate 
 55.1   under subdivision 13 plus the difference between its rental rate 
 55.2   calculated under Minnesota Rules, parts 9549.0010 to 9549.0080, 
 55.3   and this section prior to sale and its rental rate calculated 
 55.4   under Minnesota Rules, parts 9549.0010 to 9549.0080, and this 
 55.5   section calculated after sale. 
 55.6      (d) For purposes of this subdivision, "sale" means the 
 55.7   purchase of a nursing facility's capital assets with cash or 
 55.8   debt.  The term sale does not include a stock purchase of a 
 55.9   nursing facility or any of the following transactions:  
 55.10     (1) a sale and leaseback to the same licensee that does not 
 55.11  constitute a change in facility license; 
 55.12     (2) a transfer of an interest to a trust; 
 55.13     (3) gifts or other transfers for no consideration; 
 55.14     (4) a merger of two or more related organizations; 
 55.15     (5) a change in the legal form of doing business, other 
 55.16  than a publicly held organization that becomes privately held or 
 55.17  vice versa; 
 55.18     (6) the addition of a new partner, owner, or shareholder 
 55.19  who owns less than 20 percent of the nursing facility or the 
 55.20  issuance of stock; and 
 55.21     (7) a sale, merger, reorganization, or any other transfer 
 55.22  of interest between related organizations other than those 
 55.23  permitted in this section.  
 55.24     (e) For purposes of this subdivision, "sale" includes the 
 55.25  sale or transfer of a nursing facility to a close relative as 
 55.26  defined in Minnesota Rules, part 9549.0020, subpart 38, item C, 
 55.27  upon the death of an owner, due to serious illness or 
 55.28  disability, as defined under the Social Security Act, under 
 55.29  United States Code, title 42, section 423(d)(1)(A), or upon 
 55.30  retirement of an owner from the business of owning or operating 
 55.31  a nursing home at 62 years of age or older.  For sales to a 
 55.32  close relative allowed under this paragraph, otherwise 
 55.33  nonallowable debt resulting from seller financing of all or a 
 55.34  portion of the debt resulting from the sale shall be allowed and 
 55.35  shall not be subject to Minnesota Rules, part 9549.0060, subpart 
 55.36  5, item E, provided that in addition to existing requirements 
 56.1   for allowance of debt and interest, the debt is subject to 
 56.2   repayment through annual principal payments and the interest 
 56.3   rate on the related organization debt does not exceed three 
 56.4   percentage points above the posted yield for standard 
 56.5   conventional fixed rate mortgages of the Federal Home Loan 
 56.6   Mortgage Corporation for delivery in 60 days in effect on the 
 56.7   day of sale.  If at any time, the seller forgives the related 
 56.8   organization debt allowed under this paragraph for other than 
 56.9   equal amount of payment on that debt, then the buyer shall pay 
 56.10  to the state the total revenue received by the nursing facility 
 56.11  after the sale attributable to the amount of allowable debt 
 56.12  which has been forgiven.  Any assignment, sale, or transfer of 
 56.13  the debt instrument entered into by the close relatives, either 
 56.14  directly or indirectly, which grants to the close relative buyer 
 56.15  the right to receive all or a portion of the payments under the 
 56.16  debt instrument shall, effective on the date of the transfer, 
 56.17  result in the prospective reduction in the corresponding portion 
 56.18  of the allowable debt and interest expense.  Upon the death of 
 56.19  the close relative seller, any remaining balance of the close 
 56.20  relative debt must be refinanced and such refinancing shall be 
 56.21  subject to the provisions of Minnesota Rules, part 9549.0060, 
 56.22  subpart 7, item G.  This paragraph shall not apply to sales 
 56.23  occurring on or after June 30, 1997.  
 56.24     (f) For purposes of this subdivision, "effective date of 
 56.25  sale" means the later of either the date on which legal title to 
 56.26  the capital assets is transferred or the date on which closing 
 56.27  for the sale occurred.  
 56.28     (g) The effective day for the property-related payment rate 
 56.29  determined under this subdivision shall be the first day of the 
 56.30  month following the month in which the effective date of sale 
 56.31  occurs or October 1, 1992, whichever is later, provided that the 
 56.32  notice requirements under section 256B.47, subdivision 2, have 
 56.33  been met. 
 56.34     (h) Notwithstanding Minnesota Rules, part 9549.0060, 
 56.35  subparts 5, item A, subitems (3) and (4), and 7, items E and F, 
 56.36  the commissioner shall limit the total allowable debt and 
 57.1   related interest for sales occurring after June 30, 1992, to the 
 57.2   sum of clauses (1) to (3):  
 57.3      (1) the historical cost of capital assets, as of the 
 57.4   nursing facility's most recent previous effective date of sale 
 57.5   or, if there has been no previous sale, the nursing facility's 
 57.6   initial historical cost of constructing capital assets; 
 57.7      (2) the average annual capital asset additions after 
 57.8   deduction for capital asset deletions, not including 
 57.9   depreciations; and 
 57.10     (3) one-half of the allowed inflation on the nursing 
 57.11  facility's capital assets.  The commissioner shall compute the 
 57.12  allowed inflation as described in paragraph (i). 
 57.13     (i) For purposes of computing the amount of allowed 
 57.14  inflation, the commissioner must apply the following principles: 
 57.15     (1) the lesser of the Consumer Price Index for all urban 
 57.16  consumers or the Dodge Construction Systems Costs for Nursing 
 57.17  Homes for any time periods during which both are available must 
 57.18  be used.  If the Dodge Construction Systems Costs for Nursing 
 57.19  Homes becomes unavailable, the commissioner shall substitute the 
 57.20  index in subdivision 3f, or such other index as the secretary of 
 57.21  the Centers for Medicare and Medicaid Services may designate; 
 57.22     (2) the amount of allowed inflation to be applied to the 
 57.23  capital assets in paragraph (g) (h), clauses (1) and (2), must 
 57.24  be computed separately; 
 57.25     (3) the amount of allowed inflation must be determined on 
 57.26  an annual basis, prorated on a monthly basis for partial years 
 57.27  and if the initial month of use is not determinable for a 
 57.28  capital asset, then one-half of that calendar year shall be used 
 57.29  for purposes of prorating; 
 57.30     (4) the amount of allowed inflation to be applied to the 
 57.31  capital assets in paragraph (g) (h), clauses (1) and (2), must 
 57.32  not exceed 300 percent of the total capital assets in any one of 
 57.33  those clauses; and 
 57.34     (5) the allowed inflation must be computed starting with 
 57.35  the month following the nursing facility's most recent previous 
 57.36  effective date of sale or, if there has been no previous sale, 
 58.1   the month following the date of the nursing facility's initial 
 58.2   occupancy, and ending with the month preceding the effective 
 58.3   date of sale. 
 58.4      (j) If the historical cost of a capital asset is not 
 58.5   readily available for the date of the nursing facility's most 
 58.6   recent previous sale or if there has been no previous sale for 
 58.7   the date of the nursing facility's initial occupancy, then the 
 58.8   commissioner shall limit the total allowable debt and related 
 58.9   interest after sale to the extent recognized by the Medicare 
 58.10  intermediary after the sale.  For a nursing facility that has no 
 58.11  historical capital asset cost data available and does not have 
 58.12  allowable debt and interest calculated by the Medicare 
 58.13  intermediary, the commissioner shall use the historical cost of 
 58.14  capital asset data from the point in time for which capital 
 58.15  asset data is recorded in the nursing facility's audited 
 58.16  financial statements. 
 58.17     (k) The limitations in this subdivision apply only to debt 
 58.18  resulting from a sale of a nursing facility occurring after June 
 58.19  30, 1992, including debt assumed by the purchaser of the nursing 
 58.20  facility. 
 58.21     Sec. 55.  Minnesota Statutes 2004, section 256G.01, 
 58.22  subdivision 3, is amended to read: 
 58.23     Subd. 3.  [PROGRAM COVERAGE.] This chapter applies to all 
 58.24  social service programs administered by the commissioner in 
 58.25  which residence is the determining factor in establishing 
 58.26  financial responsibility.  These include, but are not limited to:
 58.27  commitment proceedings, including voluntary admissions; 
 58.28  emergency holds; poor relief funded wholly through local 
 58.29  agencies; social services, including title XX, IV-E and other 
 58.30  components of the Community Social Services Act, section 
 58.31  256E.12; social services programs funded wholly through the 
 58.32  resources of county agencies; social services provided under the 
 58.33  Minnesota Indian Family Preservation Act, sections 260.751 to 
 58.34  260.781; costs for delinquency confinement under section 393.07, 
 58.35  subdivision 2; service responsibility for these programs; and 
 58.36  group residential housing. 
 59.1      Sec. 56.  Minnesota Statutes 2004, section 256L.07, 
 59.2   subdivision 1, is amended to read: 
 59.3      Subdivision 1.  [GENERAL REQUIREMENTS.] (a) Children 
 59.4   enrolled in the original children's health plan as of September 
 59.5   30, 1992, children who enrolled in the MinnesotaCare program 
 59.6   after September 30, 1992, pursuant to Laws 1992, chapter 549, 
 59.7   article 4, section 17, and children who have family gross 
 59.8   incomes that are equal to or less than 150 percent of the 
 59.9   federal poverty guidelines are eligible without meeting the 
 59.10  requirements of subdivision 2 and the four-month requirement in 
 59.11  subdivision 3, as long as they maintain continuous coverage in 
 59.12  the MinnesotaCare program or medical assistance.  Children who 
 59.13  apply for MinnesotaCare on or after the implementation date of 
 59.14  the employer-subsidized health coverage program as described in 
 59.15  Laws 1998, chapter 407, article 5, section 45, who have family 
 59.16  gross incomes that are equal to or less than 150 percent of the 
 59.17  federal poverty guidelines, must meet the requirements of 
 59.18  subdivision 2 to be eligible for MinnesotaCare. 
 59.19     (b) Families enrolled in MinnesotaCare under section 
 59.20  256L.04, subdivision 1, whose income increases above 275 percent 
 59.21  of the federal poverty guidelines, are no longer eligible for 
 59.22  the program and shall be disenrolled by the commissioner.  
 59.23  Individuals enrolled in MinnesotaCare under section 256L.04, 
 59.24  subdivision 7, whose income increases above 175 percent of the 
 59.25  federal poverty guidelines are no longer eligible for the 
 59.26  program and shall be disenrolled by the commissioner.  For 
 59.27  persons disenrolled under this subdivision, MinnesotaCare 
 59.28  coverage terminates the last day of the calendar month following 
 59.29  the month in which the commissioner determines that the income 
 59.30  of a family or individual exceeds program income limits.  
 59.31     (c)(1) Notwithstanding paragraph (b), families enrolled in 
 59.32  MinnesotaCare under section 256L.04, subdivision 1, may remain 
 59.33  enrolled in MinnesotaCare if ten percent of their annual income 
 59.34  is less than the annual premium for a policy with a $500 
 59.35  deductible available through the Minnesota Comprehensive Health 
 59.36  Association.  Families who are no longer eligible for 
 60.1   MinnesotaCare under this subdivision shall be given an 18-month 
 60.2   notice period from the date that ineligibility is determined 
 60.3   before disenrollment.  This clause expires February 1, 2004. 
 60.4      (2) Effective February 1, 2004, Notwithstanding paragraph 
 60.5   (b), children may remain enrolled in MinnesotaCare if ten 
 60.6   percent of their annual family income is less than the annual 
 60.7   premium for a policy with a $500 deductible available through 
 60.8   the Minnesota Comprehensive Health Association.  Children who 
 60.9   are no longer eligible for MinnesotaCare under this clause shall 
 60.10  be given a 12-month notice period from the date that 
 60.11  ineligibility is determined before disenrollment.  The premium 
 60.12  for children remaining eligible under this clause shall be the 
 60.13  maximum premium determined under section 256L.15, subdivision 2, 
 60.14  paragraph (b). 
 60.15     (d) Effective July 1, 2003, Notwithstanding paragraphs (b) 
 60.16  and (c), parents are no longer not eligible for MinnesotaCare if 
 60.17  gross household income exceeds $50,000. 
 60.18     Sec. 57.  Minnesota Statutes 2004, section 256L.15, 
 60.19  subdivision 2, is amended to read: 
 60.20     Subd. 2.  [SLIDING FEE SCALE TO DETERMINE PERCENTAGE OF 
 60.21  GROSS INDIVIDUAL OR FAMILY INCOME.] (a) The commissioner shall 
 60.22  establish a sliding fee scale to determine the percentage of 
 60.23  gross individual or family income that households at different 
 60.24  income levels must pay to obtain coverage through the 
 60.25  MinnesotaCare program.  The sliding fee scale must be based on 
 60.26  the enrollee's gross individual or family income.  The sliding 
 60.27  fee scale must contain separate tables based on enrollment of 
 60.28  one, two, or three or more persons.  The sliding fee scale 
 60.29  begins with a premium of 1.5 percent of gross individual or 
 60.30  family income for individuals or families with incomes below the 
 60.31  limits for the medical assistance program for families and 
 60.32  children in effect on January 1, 1999, and proceeds through the 
 60.33  following evenly spaced steps:  1.8, 2.3, 3.1, 3.8, 4.8, 5.9, 
 60.34  7.4, and 8.8 percent.  These percentages are matched to evenly 
 60.35  spaced income steps ranging from the medical assistance income 
 60.36  limit for families and children in effect on January 1, 1999, to 
 61.1   275 percent of the federal poverty guidelines for the applicable 
 61.2   family size, up to a family size of five.  The sliding fee scale 
 61.3   for a family of five must be used for families of more than 
 61.4   five.  Effective October 1, 2003, the commissioner shall 
 61.5   increase each percentage by 0.5 percentage points for enrollees 
 61.6   with income greater than 100 percent but not exceeding 200 
 61.7   percent of the federal poverty guidelines and shall increase 
 61.8   each percentage by 1.0 percentage points for families and 
 61.9   children with incomes greater than 200 percent of the federal 
 61.10  poverty guidelines.  The sliding fee scale and percentages are 
 61.11  not subject to the provisions of chapter 14.  If a family or 
 61.12  individual reports increased income after enrollment, premiums 
 61.13  shall not be adjusted until eligibility renewal. 
 61.14     (b)(1) Enrolled families whose gross annual income 
 61.15  increases above 275 percent of the federal poverty guideline 
 61.16  shall pay the maximum premium.  This clause expires effective 
 61.17  February 1, 2004.  
 61.18     (2) Effective February 1, 2004, Children in families whose 
 61.19  gross income is above 275 percent of the federal poverty 
 61.20  guidelines shall pay the maximum premium.  
 61.21     (3) The maximum premium is defined as a base charge for 
 61.22  one, two, or three or more enrollees so that if all 
 61.23  MinnesotaCare cases paid the maximum premium, the total revenue 
 61.24  would equal the total cost of MinnesotaCare medical coverage and 
 61.25  administration.  In this calculation, administrative costs shall 
 61.26  be assumed to equal ten percent of the total.  The costs of 
 61.27  medical coverage for pregnant women and children under age two 
 61.28  and the enrollees in these groups shall be excluded from the 
 61.29  total.  The maximum premium for two enrollees shall be twice the 
 61.30  maximum premium for one, and the maximum premium for three or 
 61.31  more enrollees shall be three times the maximum premium for one. 
 61.32     Sec. 58.  Minnesota Statutes 2004, section 256M.10, 
 61.33  subdivision 5, is amended to read: 
 61.34     Subd. 5.  [FORMER CHILDREN'S SERVICES AND COMMUNITY SERVICE 
 61.35  GRANTS.] "Former children's services and community service 
 61.36  grants" means allocations for the following grants: 
 62.1      (1) community social service grants under section 252.24 
 62.2   and Minnesota Statutes 2002, sections 256E.06 and 256E.14; 
 62.3      (2) family preservation grants under section 256F.05, 
 62.4   subdivision 3; 
 62.5      (3) concurrent permanency planning grants under section 
 62.6   260C.213, subdivision 5; 
 62.7      (4) social service block grants (Title XX) under Minnesota 
 62.8   Statutes 2002, section 256E.07; and 
 62.9      (5) children's mental health grants under Minnesota 
 62.10  Statutes 2002, section sections 245.4886 and section 260.152. 
 62.11     Sec. 59.  Minnesota Statutes 2004, section 260B.007, 
 62.12  subdivision 16, is amended to read: 
 62.13     Subd. 16.  [JUVENILE PETTY OFFENDER; JUVENILE PETTY 
 62.14  OFFENSE.] (a) "Juvenile petty offense" includes a juvenile 
 62.15  alcohol offense, a juvenile controlled substance offense, a 
 62.16  violation of section 609.685, or a violation of a local 
 62.17  ordinance, which by its terms prohibits conduct by a child under 
 62.18  the age of 18 years which would be lawful conduct if committed 
 62.19  by an adult.  
 62.20     (b) Except as otherwise provided in paragraph (c), 
 62.21  "juvenile petty offense" also includes an offense that would be 
 62.22  a misdemeanor if committed by an adult.  
 62.23     (c) "Juvenile petty offense" does not include any of the 
 62.24  following: 
 62.25     (1) a misdemeanor-level violation of section 518B.01, 
 62.26  588.20, 609.224, 609.2242, 609.324, 609.563 609.5632, 609.576, 
 62.27  609.66, 609.746, 609.748, 609.79, or 617.23; 
 62.28     (2) a major traffic offense or an adult court traffic 
 62.29  offense, as described in section 260B.225; 
 62.30     (3) a misdemeanor-level offense committed by a child whom 
 62.31  the juvenile court previously has found to have committed a 
 62.32  misdemeanor, gross misdemeanor, or felony offense; or 
 62.33     (4) a misdemeanor-level offense committed by a child whom 
 62.34  the juvenile court has found to have committed a 
 62.35  misdemeanor-level juvenile petty offense on two or more prior 
 62.36  occasions, unless the county attorney designates the child on 
 63.1   the petition as a juvenile petty offender notwithstanding this 
 63.2   prior record.  As used in this clause, "misdemeanor-level 
 63.3   juvenile petty offense" includes a misdemeanor-level offense 
 63.4   that would have been a juvenile petty offense if it had been 
 63.5   committed on or after July 1, 1995.  
 63.6      (d) A child who commits a juvenile petty offense is a 
 63.7   "juvenile petty offender." 
 63.8      Sec. 60.  Minnesota Statutes 2004, section 276.04, 
 63.9   subdivision 2, is amended to read: 
 63.10     Subd. 2.  [CONTENTS OF TAX STATEMENTS.] (a) The treasurer 
 63.11  shall provide for the printing of the tax statements.  The 
 63.12  commissioner of revenue shall prescribe the form of the property 
 63.13  tax statement and its contents.  The statement must contain a 
 63.14  tabulated statement of the dollar amount due to each taxing 
 63.15  authority and the amount of the state tax from the parcel of 
 63.16  real property for which a particular tax statement is prepared.  
 63.17  The dollar amounts attributable to the county, the state tax, 
 63.18  the voter approved school tax, the other local school tax, the 
 63.19  township or municipality, and the total of the metropolitan 
 63.20  special taxing districts as defined in section 275.065, 
 63.21  subdivision 3, paragraph (i), must be separately stated.  The 
 63.22  amounts due all other special taxing districts, if any, may be 
 63.23  aggregated.  If the county levy under this paragraph includes an 
 63.24  amount for a lake improvement district as defined under sections 
 63.25  103B.501 to 103B.581, the amount attributable for that purpose 
 63.26  must be separately stated from the remaining county levy 
 63.27  amount.  The amount of the tax on homesteads qualifying under 
 63.28  the senior citizens' property tax deferral program under chapter 
 63.29  290B is the total amount of property tax before subtraction of 
 63.30  the deferred property tax amount.  The amount of the tax on 
 63.31  contamination value imposed under sections 270.91 to 270.98, if 
 63.32  any, must also be separately stated.  The dollar amounts, 
 63.33  including the dollar amount of any special assessments, may be 
 63.34  rounded to the nearest even whole dollar.  For purposes of this 
 63.35  section whole odd-numbered dollars may be adjusted to the next 
 63.36  higher even-numbered dollar.  The amount of market value 
 64.1   excluded under section 273.11, subdivision 16, if any, must also 
 64.2   be listed on the tax statement. 
 64.3      (b) The property tax statements for manufactured homes and 
 64.4   sectional structures taxed as personal property shall contain 
 64.5   the same information that is required on the tax statements for 
 64.6   real property.  
 64.7      (c) Real and personal property tax statements must contain 
 64.8   the following information in the order given in this paragraph.  
 64.9   The information must contain the current year tax information in 
 64.10  the right column with the corresponding information for the 
 64.11  previous year in a column on the left: 
 64.12     (1) the property's estimated market value under section 
 64.13  273.11, subdivision 1; 
 64.14     (2) the property's taxable market value after reductions 
 64.15  under section 273.11, subdivisions 1a and 16; 
 64.16     (3) the property's gross tax, calculated by adding the 
 64.17  property's total property tax to the sum of the aids enumerated 
 64.18  in clause (4); 
 64.19     (4) a total of the following aids: 
 64.20     (i) education aids payable under chapters 122A, 123A, 123B, 
 64.21  124D, 125A, 126C, and 127A; 
 64.22     (ii) local government aids for cities, towns, and counties 
 64.23  under chapter 477A; and 
 64.24     (iii) disparity reduction aid under section 273.1398; 
 64.25     (5) for homestead residential and agricultural properties, 
 64.26  the credits under section 273.1384; 
 64.27     (6) any credits received under sections 273.119; 273.123; 
 64.28  273.135; 273.1391; 273.1398, subdivision 4; 469.171; and 
 64.29  473H.10, except that the amount of credit received under section 
 64.30  273.135 must be separately stated and identified as "taconite 
 64.31  tax relief"; and 
 64.32     (7) the net tax payable in the manner required in paragraph 
 64.33  (a). 
 64.34     (d) If the county uses envelopes for mailing property tax 
 64.35  statements and if the county agrees, a taxing district may 
 64.36  include a notice with the property tax statement notifying 
 65.1   taxpayers when the taxing district will begin its budget 
 65.2   deliberations for the current year, and encouraging taxpayers to 
 65.3   attend the hearings.  If the county allows notices to be 
 65.4   included in the envelope containing the property tax statement, 
 65.5   and if more than one taxing district relative to a given 
 65.6   property decides to include a notice with the tax statement, the 
 65.7   county treasurer or auditor must coordinate the process and may 
 65.8   combine the information on a single announcement.  
 65.9      The commissioner of revenue shall certify to the county 
 65.10  auditor the actual or estimated aids enumerated in paragraph 
 65.11  (c), clause (4), that local governments will receive in the 
 65.12  following year.  The commissioner must certify this amount by 
 65.13  January 1 of each year. 
 65.14     Sec. 61.  Minnesota Statutes 2004, section 290.095, 
 65.15  subdivision 1, is amended to read: 
 65.16     Subdivision 1.  [ALLOWANCE OF DEDUCTION.] (a) There shall 
 65.17  be allowed as a deduction for the taxable year the amount of any 
 65.18  net operating loss deduction as provided in section 172 of the 
 65.19  Internal Revenue Code, subject to the limitations and 
 65.20  modifications provided in this section. 
 65.21     (b) A net operating loss deduction shall be available under 
 65.22  this section only to corporate taxpayers except that 
 65.23  subdivisions 7, 9, and 11 hereof apply only to individuals, 
 65.24  estates, and trusts.  
 65.25     (c) In the case of a regulated investment company or fund 
 65.26  thereof, as defined in section 851(a) or 851(g) of the Internal 
 65.27  Revenue Code, the deduction provided by this section shall not 
 65.28  be allowed. 
 65.29     Sec. 62.  Minnesota Statutes 2004, section 299D.07, is 
 65.30  amended to read: 
 65.31     299D.07 [HELICOPTER, FIXED WING AIRCRAFT.] 
 65.32     The commissioner of public safety is hereby authorized to 
 65.33  retain, acquire, maintain and operate helicopters and fixed wing 
 65.34  aircraft for the purposes of the Highway State Patrol and the 
 65.35  Bureau of Criminal Apprehension and for any other law 
 65.36  enforcement purpose that the commissioner determines is 
 66.1   appropriate.  The commissioner also is authorized to employ 
 66.2   State Patrol officer pilots as required. 
 66.3      Sec. 63.  Minnesota Statutes 2004, section 299F.051, 
 66.4   subdivision 4, is amended to read: 
 66.5      Subd. 4.  [COOPERATIVE INVESTIGATION; REIMBURSEMENT.] The 
 66.6   state fire marshal and the superintendent of the Bureau of 
 66.7   Criminal Apprehension shall encourage the cooperation of local 
 66.8   firefighters and peace officers in the investigation of 
 66.9   violations of sections 609.561 to 609.576 or other crimes 
 66.10  associated with reported fires in all appropriate ways, 
 66.11  including providing reimbursement to political subdivisions at a 
 66.12  rate not to exceed 50 percent of the salaries of peace officers 
 66.13  and firefighters for time spent in attending fire investigation 
 66.14  training courses offered by the arson training unit.  Volunteer 
 66.15  firefighters from a political subdivision shall be reimbursed at 
 66.16  the rate of $35 per day plus expenses incurred in attending fire 
 66.17  investigation training courses offered by the arson training 
 66.18  unit.  Reimbursement shall be made only in the event that both a 
 66.19  peace officer and a firefighter from the same political 
 66.20  subdivision attend the same training course.  The reimbursement 
 66.21  shall be subject to the limitation of funds appropriated and 
 66.22  available for expenditure.  The state fire marshal and the 
 66.23  superintendent also shall encourage local firefighters and peace 
 66.24  officers to seek assistance from the arson strike force 
 66.25  established in section 299F.058. 
 66.26     Sec. 64.  Minnesota Statutes 2004, section 299F.093, 
 66.27  subdivision 1, is amended to read: 
 66.28     Subdivision 1.  [DUTIES; RULES.] (a) The commissioner shall:
 66.29     (1) adopt rules no later than July 1, 1987, with the advice 
 66.30  of the Hazardous Substance Notification Advisory Committee, 
 66.31  establishing the form and content of the hazardous substance 
 66.32  notification report form, as required by section 299F.094, and 
 66.33  describing one or more hazard categories with specified ranges 
 66.34  of quantities in each hazard category, representing increments 
 66.35  of substantially increased risk; 
 66.36     (2) print and provide to individual fire departments the 
 67.1   requested number of hazardous substance notification reports, 
 67.2   which must be made available to a fire department no more than 
 67.3   90 days following its request, for the fire department to mail 
 67.4   or otherwise make available to employers in the jurisdiction; 
 67.5      (3) report to the legislature, as needed, on the 
 67.6   effectiveness of sections 299F.091 to 299F.099 and recommend 
 67.7   amendments to sections 299F.091 to 299F.099 that are considered 
 67.8   necessary; 
 67.9      (4) adopt rules to implement sections 299F.091 to 299F.099, 
 67.10  compatible with the Minnesota Uniform Fire Code so as to not 
 67.11  limit the authority of local fire officials under that code; and 
 67.12     (5) adopt rules that are based on the most recent standard 
 67.13  704, adopted by the National Fire Protection Association, and 
 67.14  that allow a fire department to require employers within its 
 67.15  jurisdiction to post signs conforming to standard 704, and 
 67.16  indicating the presence of hazardous substances.  If the signs 
 67.17  are required, a fire department shall supply the signs or 
 67.18  provide information to assist an employer to obtain them.  
 67.19     (b) The commissioner shall adopt criteria and guidelines, 
 67.20  with the concurrence of the Hazardous Substance Notification 
 67.21  Advisory Committee, for the disbursement of funds pursuant to 
 67.22  Laws 1986, First Special Session chapter 1, article 10, section 
 67.23  20, subdivision 1. 
 67.24     Sec. 65.  Minnesota Statutes 2004, section 321.0210, is 
 67.25  amended to read: 
 67.26     321.0210 [ANNUAL REPORT FOR SECRETARY OF STATE.] 
 67.27     (a) Subject to subsection (b): 
 67.28     (1) in each calendar year following the calendar year in 
 67.29  which a limited partnership becomes subject to this chapter, the 
 67.30  limited partnership must deliver to the secretary of state for 
 67.31  filing an annual registration containing the information 
 67.32  required by subsection (d) (c); and 
 67.33     (2) in each calendar year following the calendar year in 
 67.34  which there is first on file with the secretary of state a 
 67.35  certificate of authority under section 321.0904 pertaining to a 
 67.36  foreign limited partnership, the foreign limited partnership 
 68.1   must deliver to the secretary of state for filing an annual 
 68.2   registration containing the information required by subsection 
 68.3   (d) (c). 
 68.4      (b) A limited partnership's obligation under subsection (a) 
 68.5   ends if the limited partnership delivers to the secretary of 
 68.6   state for filing a statement of termination under section 
 68.7   321.0203 and the statement becomes effective under section 
 68.8   321.0206.  A foreign limited partnership's obligation under 
 68.9   subsection (a) ends if the secretary of state issues and files a 
 68.10  certificate of revocation under section 321.0906 or if the 
 68.11  foreign limited partnership delivers to the secretary of state 
 68.12  for filing a notice of cancellation under section 321.0907(a) 
 68.13  and that notice takes effect under section 321.0206.  If a 
 68.14  foreign limited partnership's obligations under subsection (a) 
 68.15  end and later the secretary of state files, pursuant to section 
 68.16  321.0904, a new certificate of authority pertaining to that 
 68.17  foreign limited partnership, subsection (a)(2), again applies to 
 68.18  the foreign limited partnership and, for the purposes of 
 68.19  subsection (a)(2), the calendar year of the new filing is 
 68.20  treated as the calendar year in which a certificate of authority 
 68.21  is first on file with the secretary of state. 
 68.22     (c) The annual registration must contain: 
 68.23     (1) the name of the limited partnership or foreign limited 
 68.24  partnership; 
 68.25     (2) the address of its designated office and the name and 
 68.26  street and mailing address of its agent for service of process 
 68.27  in Minnesota; 
 68.28     (3) in the case of a limited partnership, the street and 
 68.29  address of its principal office; and 
 68.30     (4) in the case of a foreign limited partnership, the name 
 68.31  of the state or other jurisdiction under whose law the foreign 
 68.32  limited partnership is formed and any alternate name adopted 
 68.33  under section 321.0905(a). 
 68.34     (d) The secretary of state shall: 
 68.35     (1) administratively dissolve under section 321.0809 a 
 68.36  limited partnership that has failed to file a registration 
 69.1   pursuant to subsection (a); and 
 69.2      (2) revoke under section 321.0906 the certificate of 
 69.3   authority of a foreign limited partnership that has failed to 
 69.4   file a registration pursuant to subsection (a). 
 69.5      Sec. 66.  Minnesota Statutes 2004, section 321.1114, is 
 69.6   amended to read: 
 69.7      321.1114 [CONFLICT RELATING TO MERGER OR CONVERSION.] 
 69.8      If a partnership governed by chapter 323A participates in a 
 69.9   merger or conversion under chapter 321, then in the event of any 
 69.10  conflict between the provisions of chapter 323A and chapter 321 
 69.11  relating to the merger or conversion, the provisions of chapter 
 69.12  321 control chapter 321. 
 69.13     Sec. 67.  Minnesota Statutes 2004, section 325N.15, is 
 69.14  amended to read: 
 69.15     325N.15 [WAIVER.] 
 69.16     Any waiver of the provisions of sections 325N.10 to 315N.18 
 69.17  325N.18 is void and unenforceable as contrary to public policy 
 69.18  except a consumer may waive the five-day right to cancel 
 69.19  provided in section 325N.13 if the property is subject to a 
 69.20  foreclosure sale within the five business days, and the 
 69.21  foreclosed homeowner agrees to waive his or her right to cancel 
 69.22  in a handwritten statement signed by all parties holding title 
 69.23  to the foreclosed property. 
 69.24     Sec. 68.  Minnesota Statutes 2004, section 336.4A-105, is 
 69.25  amended to read: 
 69.26     336.4A-105 [OTHER DEFINITIONS.] 
 69.27     (a) In this article: 
 69.28     (1) "Authorized account" means a deposit account of a 
 69.29  customer in a bank designated by the customer as a source of 
 69.30  payment of payment orders issued by the customer to the bank.  
 69.31  If a customer does not so designate an account, any account of 
 69.32  the customer is an authorized account if payment of a payment 
 69.33  order from that account is not inconsistent with a restriction 
 69.34  on the use of that account. 
 69.35     (2) "Bank" means a person engaged in the business of 
 69.36  banking and includes a savings bank, savings association, credit 
 70.1   union, and trust company.  A branch or separate office of a bank 
 70.2   is a separate bank for purposes of this article. 
 70.3      (3) "Customer" means a person, including a bank, having an 
 70.4   account with a bank or from whom a bank has agreed to receive 
 70.5   payment orders. 
 70.6      (4) "Funds-transfer business day" of a receiving bank means 
 70.7   the part of a day during which the receiving bank is open for 
 70.8   the receipt, processing, and transmittal of payment orders and 
 70.9   cancellations and amendments of payment orders. 
 70.10     (5) "Funds-transfer system" means a wire transfer network, 
 70.11  automated clearinghouse, or other communication system of a 
 70.12  clearinghouse or other association of banks through which a 
 70.13  payment order by a bank may be transmitted to the bank to which 
 70.14  the order is addressed. 
 70.15     (6) (Reserved.) 
 70.16     (7) "Prove" with respect to a fact means to meet the burden 
 70.17  of establishing the fact (section 336.1-201(b)(8)). 
 70.18     (b) Other definitions applying to the article and the 
 70.19  sections in which they appear: 
 70.20     "Acceptance." Section 336.4A-209. 
 70.21     "Beneficiary." Section 336.4A-103. 
 70.22     "Beneficiary's bank." Section 336.4A-103. 
 70.23     "Executed." Section 336.4A-301. 
 70.24     "Execution date." Section 336.4A-301. 
 70.25     "Funds transfer." Section 336.4A-104. 
 70.26     "Funds-transfer system rule." Section 336.4A-501. 
 70.27     "Intermediary bank." Section 336.4A-104. 
 70.28     "Originator." Section 336.4A-104. 
 70.29     "Originator's bank." Section 336.4A-104. 
 70.30     "Payment by beneficiary's bank to beneficiary." Section 
 70.31  336.4A-405. 
 70.32     "Payment by originator to beneficiary." Section 336.4A-406. 
 70.33     "Payment by sender to receiving bank." Section 336.4A-403. 
 70.34     "Payment date." Section 336.4A-401. 
 70.35     "Payment order." Section 336.4A-103. 
 70.36     "Receiving bank." Section 336.4A-103. 
 71.1      "Security procedure." Section 336.4A-201. 
 71.2      "Sender." Section 336.4A-103. 
 71.3      (c) The following definitions in article 4 apply to this 
 71.4   article: 
 71.5      "Clearinghouse." Section 336.4-104. 
 71.6      "Item." Section 336.4-104. 
 71.7      "Suspends payments." Section 336.4-104. 
 71.8      (d) In addition, sections 336.1-101 to 336.1-209 336.1-206 
 71.9   contain general definitions and principles of construction and 
 71.10  interpretation applicable throughout this article. 
 71.11     Sec. 69.  Minnesota Statutes 2004, section 343.40, 
 71.12  subdivision 3, is amended to read: 
 71.13     Subd. 3.  [SHADE.] Shade from the direct rays of the sun, 
 71.14  during the months of June May to September October shall be 
 71.15  provided. 
 71.16     Sec. 70.  Minnesota Statutes 2004, section 458D.02, 
 71.17  subdivision 2, is amended to read: 
 71.18     Subd. 2.  [WESTERN LAKE SUPERIOR SANITARY DISTRICT; 
 71.19  DISTRICT.] "Western Lake Superior Sanitary District" and 
 71.20  "district" mean the area over which the sanitary board has 
 71.21  jurisdiction which shall include the area now comprised on July 
 71.22  8, 1971, of the city of Cloquet, the cities of Carlton, Scanlon, 
 71.23  Thomson and Wrenshall, and the townships of Knife Falls, Silver 
 71.24  Brook, Thomson, and Twin Lakes in the county of Carlton; the 
 71.25  city of Duluth, the city of Proctor, and the townships of 
 71.26  Canosia, Duluth, Grand Lake, Herman, Lakewood, Midway, Rice Lake 
 71.27  and Solway in the county of St. Louis; other territory included 
 71.28  in the district pursuant to section 458D.22; and any waters of 
 71.29  the state adjacent thereto. 
 71.30     Sec. 71.  Minnesota Statutes 2004, section 469.104, is 
 71.31  amended to read: 
 71.32     469.104 [SECTIONS THAT APPLY IF FEDERAL LIMIT APPLIES.] 
 71.33     Sections 474A.01 to 474A.21 apply to obligations issued 
 71.34  under sections 469.090 to 469.108 that are limited by a federal 
 71.35  limitation act as defined in section 474A.02, subdivision 9, or 
 71.36  existing federal tax law as defined in section 474A.02, 
 72.1   subdivision 8. 
 72.2      Sec. 72.  Minnesota Statutes 2004, section 473.845, 
 72.3   subdivision 1, is amended to read: 
 72.4      Subdivision 1.  [ESTABLISHMENT.] The metropolitan landfill 
 72.5   contingency action trust account is an expendable trust account 
 72.6   in the remediation fund.  The account consists of revenue 
 72.7   deposited in the fund account under section 473.843, subdivision 
 72.8   2, clause (2); amounts recovered under subdivision 7; and 
 72.9   interest earned on investment of money in the fund account. 
 72.10     Sec. 73.  Minnesota Statutes 2004, section 514.966, 
 72.11  subdivision 3, is amended to read: 
 72.12     Subd. 3.  [LIVESTOCK PRODUCTION INPUT LIEN.] (a) A supplier 
 72.13  furnishing livestock production inputs in the ordinary course of 
 72.14  business has a livestock production input lien for the unpaid 
 72.15  retail cost of the livestock production input.  A perfected 
 72.16  livestock production input lien that attaches to livestock may 
 72.17  not exceed the amount, if any, that the sales price of the 
 72.18  livestock exceeds the greater of the fair market value of the 
 72.19  livestock at the time the lien attaches or the acquisition price 
 72.20  of the livestock.  A livestock production input lien becomes 
 72.21  effective when the agricultural production inputs are furnished 
 72.22  by the supplier to the purchaser. 
 72.23     (b) A supplier shall notify a lender of a livestock 
 72.24  production input lien by providing a lien-notification statement 
 72.25  to the lender in an envelope marked "IMPORTANT-LEGAL NOTICE."  
 72.26  Delivery of the notice must be made by certified mail or another 
 72.27  verifiable method. 
 72.28     (c) The lien-notification statement must be in a form 
 72.29  approved by the secretary of state and disclose the following: 
 72.30     (1) the name and business address of the lender that is to 
 72.31  receive notification; 
 72.32     (2) the name and address of the supplier claiming the lien; 
 72.33     (3) a description and the date or anticipated date or dates 
 72.34  of the transaction and the retail cost or anticipated costs of 
 72.35  the livestock production input; 
 72.36     (4) the name, residential and address, and signature of the 
 73.1   person to whom the livestock production input was furnished; 
 73.2      (5) the name and residential address of the owner of the 
 73.3   livestock, the location where the livestock will be raised, and 
 73.4   a description of the livestock; and 
 73.5      (6) a statement that products and proceeds of the livestock 
 73.6   are covered by the livestock input lien. 
 73.7      (d) Within ten calendar days after receiving a 
 73.8   lien-notification statement, the lender must respond to the 
 73.9   supplier with either: 
 73.10     (1) a letter of commitment for part or all of the amount in 
 73.11  the lien-notification statement; or 
 73.12     (2) a written refusal to issue a letter of commitment. 
 73.13  A copy of the response must be mailed to the person for whom the 
 73.14  financing was requested. 
 73.15     (e) If a lender responds with a letter of commitment for 
 73.16  part or all of the amount in the lien-notification statement, 
 73.17  the supplier may not obtain a lien for the amount stated in the 
 73.18  letter of commitment.  If a lender responds with a refusal to 
 73.19  provide a letter of commitment, the rights of the lender and the 
 73.20  supplier are not affected. 
 73.21     (f) If a lender does not respond under paragraph (d) to the 
 73.22  supplier within ten calendar days after receiving the 
 73.23  lien-notification statement, a perfected livestock production 
 73.24  input lien corresponding to the lien-notification statement has 
 73.25  priority over any security interest of the lender in the same 
 73.26  livestock or their proceeds for the lesser of: 
 73.27     (1) the amount stated in the lien-notification statement; 
 73.28  or 
 73.29     (2) the unpaid retail cost of the livestock production 
 73.30  input identified in the lien-notification statement, subject to 
 73.31  any limitation in paragraph (a). 
 73.32     Sec. 74.  Minnesota Statutes 2004, section 515B.4-102, is 
 73.33  amended to read: 
 73.34     515B.4-102 [DISCLOSURE STATEMENT; GENERAL PROVISIONS.] 
 73.35     (a) A disclosure statement shall fully and accurately 
 73.36  disclose: 
 74.1      (1) the name and, if available, the number of the common 
 74.2   interest community; 
 74.3      (2) the name and principal address of the declarant; 
 74.4      (3) the number of units in the common interest community 
 74.5   and a statement that the common interest community is either a 
 74.6   condominium, cooperative, or planned community; 
 74.7      (4) a general description of the common interest community, 
 74.8   including, at a minimum, (i) the number of buildings, (ii) the 
 74.9   number of dwellings per building, (iii) the type of 
 74.10  construction, (iv) whether the common interest community 
 74.11  involves new construction or rehabilitation, (v) whether any 
 74.12  building was wholly or partially occupied, for any purpose, 
 74.13  before it was added to the common interest community and the 
 74.14  nature of the occupancy, and (vi) a general description of any 
 74.15  roads, trails, or utilities that are located on the common 
 74.16  elements and that the association or a master association will 
 74.17  be required to maintain; 
 74.18     (5) declarant's schedule of commencement and completion of 
 74.19  construction of any buildings and other improvements that the 
 74.20  declarant is obligated to build pursuant to section 515B.4-117; 
 74.21     (6) any expenses or services, not reflected in the budget, 
 74.22  that the declarant pays or provides, which may become a common 
 74.23  expense; the projected common expense attributable to each of 
 74.24  those expenses or services; and an explanation of declarant's 
 74.25  limited assessment liability under section 515B.3-115, 
 74.26  subsection (b); 
 74.27     (7) any initial or special fee due from the purchaser to 
 74.28  the declarant or the association at closing, together with a 
 74.29  description of the purpose and method of calculating the fee; 
 74.30     (8) identification of any liens, defects, or encumbrances 
 74.31  which will continue to affect the title to a unit or to any real 
 74.32  property owned by the association after the contemplated 
 74.33  conveyance; 
 74.34     (9) a description of any financing offered or arranged by 
 74.35  the declarant; 
 74.36     (10) a statement as to whether application has been made 
 75.1   for any project approvals for the common interest community from 
 75.2   the Federal National Mortgage Association (FNMA), Federal Home 
 75.3   Loan Mortgage Corporation (FHLMC), Department of Housing and 
 75.4   Urban Development (HUD) or Department of Veterans Affairs (VA), 
 75.5   and which, if any, such final approvals have been received; 
 75.6      (11) the terms of any warranties provided by the declarant, 
 75.7   including copies of chapter 327A, and sections 515B.4-112 
 75.8   through 515B.4-115, and a statement of any limitations on the 
 75.9   enforcement of warranties or on damages; 
 75.10     (12) a statement that:  (i) within ten five days after the 
 75.11  receipt of a disclosure statement, a purchaser may cancel any 
 75.12  contract for the purchase of a unit from a declarant; provided, 
 75.13  that the right to cancel terminates upon the purchaser's 
 75.14  voluntary acceptance of a conveyance of the unit from the 
 75.15  declarant; (ii) if a purchaser receives a disclosure statement 
 75.16  more than ten five days before signing a purchase agreement, the 
 75.17  purchaser cannot cancel the purchase agreement; and (iii) if a 
 75.18  declarant obligated to deliver a disclosure statement fails to 
 75.19  deliver a disclosure statement which substantially complies with 
 75.20  this chapter to a purchaser to whom a unit is conveyed, the 
 75.21  declarant shall be liable to the purchaser as provided in 
 75.22  section 515B.4-106(d); 
 75.23     (13) a statement disclosing to the extent of the 
 75.24  declarant's or an affiliate of a declarant's actual knowledge, 
 75.25  after reasonable inquiry, any unsatisfied judgments or lawsuits 
 75.26  to which the association is a party, and the status of those 
 75.27  lawsuits which are material to the common interest community or 
 75.28  the unit being purchased; 
 75.29     (14) a statement (i) describing the conditions under which 
 75.30  earnest money will be held in and disbursed from the escrow 
 75.31  account, as set forth in section 515B.4-109, (ii) that the 
 75.32  earnest money will be returned to the purchaser if the purchaser 
 75.33  cancels the contract pursuant to section 515B.4-106, and (iii) 
 75.34  setting forth the name and address of the escrow agent; 
 75.35     (15) a detailed description of the insurance coverage 
 75.36  provided by the association for the benefit of unit owners, 
 76.1   including a statement as to which, if any, of the items referred 
 76.2   to in section 515B.3-113, subsection (b), are insured by the 
 76.3   association; 
 76.4      (16) any current or expected fees or charges, other than 
 76.5   assessments for common expenses, to be paid by unit owners for 
 76.6   the use of the common elements or any other improvements or 
 76.7   facilities; 
 76.8      (17) the financial arrangements, including any 
 76.9   contingencies, which have been made to provide for completion of 
 76.10  all improvements that the declarant is obligated to build 
 76.11  pursuant to section 515B.4-118, or a statement that no such 
 76.12  arrangements have been made; 
 76.13     (18) in a cooperative:  (i) whether the unit owners will be 
 76.14  entitled for federal and state tax purposes, to deduct payments 
 76.15  made by the association for real estate taxes and interest paid 
 76.16  to the holder of a security interest encumbering the 
 76.17  cooperative; and (ii) a statement as to the effect on the unit 
 76.18  owners if the association fails to pay real estate taxes or 
 76.19  payments due the holder of a security interest encumbering the 
 76.20  cooperative; 
 76.21     (19) a statement:  (i) that real estate taxes for the unit 
 76.22  or any real property owned by the association are not delinquent 
 76.23  or, if there are delinquent real estate taxes, describing the 
 76.24  property for which the taxes are delinquent, stating the amount 
 76.25  of the delinquent taxes, interest and penalties, and stating the 
 76.26  years for which taxes are delinquent, and (ii) setting forth the 
 76.27  amount of real estate taxes, including the amount of any special 
 76.28  assessment certified for payment with the real estate taxes, due 
 76.29  and payable with respect to the unit in the year in which the 
 76.30  disclosure statement is given, if real estate taxes have been 
 76.31  separately assessed against the unit; 
 76.32     (20) if the association or the purchaser of the unit will 
 76.33  be a member of a master association, a statement to that effect, 
 76.34  and all of the following information with respect to the master 
 76.35  association:  (i) a copy of the declaration, if any (other than 
 76.36  any CIC plat), the articles of incorporation, bylaws, and rules 
 77.1   and regulations for the master association, together with any 
 77.2   amendments thereto; (ii) the name, address and general 
 77.3   description of the master association, including a general 
 77.4   description of any other association, unit owners, or other 
 77.5   persons which are or may become members; (iii) a description of 
 77.6   any nonresidential use permitted on any property subject to the 
 77.7   master association; (iv) a statement as to the estimated maximum 
 77.8   number of associations, unit owners or other persons which may 
 77.9   become members of the master association, and the degree and 
 77.10  period of control of the master association by a declarant or 
 77.11  other person; (v) a description of any facilities intended for 
 77.12  the benefit of the members of the master association and not 
 77.13  located on property owned or controlled by a member; (vi) the 
 77.14  financial arrangements, including any contingencies, which have 
 77.15  been made to provide for completion of the facilities referred 
 77.16  to in subsection (v), or a statement that no arrangements have 
 77.17  been made; (vii) any current balance sheet of the master 
 77.18  association and a projected or current annual budget, as 
 77.19  applicable, which budget shall include with respect to the 
 77.20  master association those items in paragraph (23), clauses (i) 
 77.21  through (iv); (viii) a description of any expenses or services 
 77.22  not reflected in the budget, paid for or provided by a declarant 
 77.23  or a person executing the master declaration, which may become 
 77.24  an expense of the master association in the future; (ix) a 
 77.25  description of any powers delegated to and accepted by the 
 77.26  master association pursuant to section 515B.2-121(f)(2); (x) 
 77.27  identification of any liens, defects or encumbrances that will 
 77.28  continue to affect title to property owned or operated by the 
 77.29  master association for the benefit of its members; (xi) the 
 77.30  terms of any warranties provided by any person for construction 
 77.31  of facilities in which the members of the master association 
 77.32  have or may have an interest, and any known defects in the 
 77.33  facilities which would violate the standards described in 
 77.34  section 515B.4-112(b); (xii) a statement disclosing, to the 
 77.35  extent of the declarant's knowledge, after inquiry of the master 
 77.36  association, any unsatisfied judgments or lawsuits to which the 
 78.1   master association is a party, and the status of those lawsuits 
 78.2   which are material to the master association; (xiii) a 
 78.3   description of any insurance coverage provided for the benefit 
 78.4   of its members by the master association; and (xiv) any current 
 78.5   or expected fees or charges, other than assessments by the 
 78.6   master association, to be paid by members of the master 
 78.7   association for the use of any facilities intended for the 
 78.8   benefit of the members; 
 78.9      (21) a statement as to whether the unit will be 
 78.10  substantially completed at the time of conveyance to a 
 78.11  purchaser, and if not substantially completed, who is 
 78.12  responsible to complete and pay for the construction of the 
 78.13  unit; 
 78.14     (22) a copy of the declaration and any amendments thereto, 
 78.15  (exclusive of the CIC plat), any other recorded covenants, 
 78.16  conditions restrictions, and reservations affecting the common 
 78.17  interest community; the articles of incorporation, bylaws and 
 78.18  any rules or regulations of the association; any agreement 
 78.19  excluding or modifying any implied warranties; any agreement 
 78.20  reducing the statute of limitations for the enforcement of 
 78.21  warranties; any contracts or leases to be signed by purchaser at 
 78.22  closing; and a brief narrative description of any contracts or 
 78.23  leases that are or may be subject to cancellation by the 
 78.24  association under section 515B.3-105; and 
 78.25     (23) any current balance sheet for the association; a 
 78.26  projected annual budget for the association for the year in 
 78.27  which the first unit is conveyed to a purchaser, and thereafter 
 78.28  the current annual budget of the association; and a statement 
 78.29  identifying the party responsible for the preparation of the 
 78.30  budget.  The budget shall include, without limitation:  (i) a 
 78.31  statement of the amount included in the budget as a reserve for 
 78.32  maintenance, repair and replacement; (ii) a statement of any 
 78.33  other reserves; (iii) the projected common expense for each 
 78.34  category of expenditures for the association; and (iv) the 
 78.35  projected monthly common expense assessment for each type of 
 78.36  unit. 
 79.1      (b) A declarant shall promptly amend the disclosure 
 79.2   statement to reflect any material change in the information 
 79.3   required by this chapter. 
 79.4      (c) The master association, within ten days after a request 
 79.5   by a declarant, or any holder of declarant rights, or the 
 79.6   authorized representative of any of them, shall furnish the 
 79.7   information required to be provided by subsection (a)(20).  A 
 79.8   declarant or other person who provides information pursuant to 
 79.9   subsection (a)(20) is not liable to the purchaser for any 
 79.10  erroneous information if the declarant or other person:  (i) is 
 79.11  not an affiliate of or related in any way to a person authorized 
 79.12  to appoint the master association board pursuant to section 
 79.13  515B.2-121(c)(3), and (ii) has no actual knowledge that the 
 79.14  information is incorrect. 
 79.15     Sec. 75.  Minnesota Statutes 2004, section 524.2-114, is 
 79.16  amended to read: 
 79.17     524.2-114 [MEANING OF CHILD AND RELATED TERMS.] 
 79.18     If, for purposes of intestate succession, a relationship of 
 79.19  parent and child must be established to determine succession by, 
 79.20  through, or from a person: 
 79.21     (1) An adopted person is the child of an adopting parent 
 79.22  and not of the birth parents except that adoption of a child by 
 79.23  the spouse of a birth parent has no effect on the relationship 
 79.24  between the child and that birth parent.  If a parent dies and a 
 79.25  child is subsequently adopted by a stepparent who is the spouse 
 79.26  of a surviving parent, any rights of inheritance of the child or 
 79.27  the child's descendant from or through the deceased parent of 
 79.28  the child which exist at the time of the death of that parent 
 79.29  shall not be affected by the adoption. 
 79.30     (2) In cases not covered by clause (1), a person is the 
 79.31  child of the person's parents regardless of the marital status 
 79.32  of the parents and the parent and child relationship may be 
 79.33  established under the Parentage Act, sections 257.51 and to 
 79.34  257.74. 
 79.35     Sec. 76.  Minnesota Statutes 2004, section 580.041, 
 79.36  subdivision 2, is amended to read: 
 80.1      Subd. 2.  [CONTENT OF NOTICE.] The notice required by this 
 80.2   section must appear substantially as follows: 
 80.3                 "Help For Homeowners in Foreclosure 
 80.4      Minnesota law requires that we send you this notice about 
 80.5      the foreclosure process.  Please read it carefully. 
 80.6      Mortgage foreclosure is a complex process.  Some people may 
 80.7      approach you about "saving" your home.  You should be 
 80.8      careful about any such promises. 
 80.9      The state encourages you to become informed about your 
 80.10     options in foreclosure before entering into any agreements 
 80.11     with anyone in connection with the foreclosure of your 
 80.12     home.  There are government agencies and nonprofit 
 80.13     organizations that you may contact for helpful information 
 80.14     about the foreclosure process.  For the name and telephone 
 80.15     number of an organization near you please call the 
 80.16     Minnesota Home Housing Finance Agency (MHFA) at (insert 
 80.17     telephone number).  The state does not guarantee the advice 
 80.18     of these agencies. 
 80.19     Do not delay dealing with the foreclosure because your 
 80.20     options may become more limited as time passes." 
 80.21     Sec. 77.  Minnesota Statutes 2004, section 626.84, 
 80.22  subdivision 1, is amended to read: 
 80.23     Subdivision 1.  [DEFINITIONS.] For purposes of sections 
 80.24  626.84 to 626.863, the following terms have the meanings given 
 80.25  them: 
 80.26     (a) "Board" means the Board of Peace Officer Standards and 
 80.27  Training. 
 80.28     (b) "Director" means the executive director of the board. 
 80.29     (c) "Peace officer" means: 
 80.30     (1) an employee or an elected or appointed official of a 
 80.31  political subdivision or law enforcement agency who is licensed 
 80.32  by the board, charged with the prevention and detection of crime 
 80.33  and the enforcement of the general criminal laws of the state 
 80.34  and who has the full power of arrest, and shall also include the 
 80.35  Minnesota State Patrol, agents of the Division of Alcohol and 
 80.36  Gambling Enforcement, state conservation officers, Metropolitan 
 81.1   Transit police officers, Department of Corrections' Fugitive 
 81.2   Apprehension Unit officers, and Department of Commerce Insurance 
 81.3   Fraud Unit officers; and 
 81.4      (2) a peace officer who is employed by a law enforcement 
 81.5   agency of a federally recognized tribe, as defined in United 
 81.6   States Code, title 25, section 450b(e), and who is licensed by 
 81.7   the board. 
 81.8      (d) "Constable" has the meaning assigned to it in section 
 81.9   367.40. 
 81.10     (e) "Deputy constable" has the meaning assigned to it in 
 81.11  section 367.40. 
 81.12     (f) "Part-time peace officer" means an individual licensed 
 81.13  by the board whose services are utilized by law enforcement 
 81.14  agencies no more than an average of 20 hours per week, not 
 81.15  including time spent on call when no call to active duty is 
 81.16  received, calculated on an annual basis, who has either full 
 81.17  powers of arrest or authorization to carry a firearm while on 
 81.18  active duty.  The term shall apply even though the individual 
 81.19  receives no compensation for time spent on active duty, and 
 81.20  shall apply irrespective of the title conferred upon the 
 81.21  individual by any law enforcement agency.  The limitation on the 
 81.22  average number of hours in which the services of a part-time 
 81.23  peace officer may be utilized shall not apply to a part-time 
 81.24  peace officer who has formally notified the board pursuant to 
 81.25  rules adopted by the board of the part-time peace officer's 
 81.26  intention to pursue the specialized training for part-time peace 
 81.27  officers who desire to become peace officers pursuant to 
 81.28  sections 626.843, subdivision 1, clause (g), and 626.845, 
 81.29  subdivision 1, clause (g). 
 81.30     (g) "Reserve officer" means an individual whose services 
 81.31  are utilized by a law enforcement agency to provide 
 81.32  supplementary assistance at special events, traffic or crowd 
 81.33  control, and administrative or clerical assistance.  A reserve 
 81.34  officer's duties do not include enforcement of the general 
 81.35  criminal laws of the state, and the officer does not have full 
 81.36  powers of arrest or authorization to carry a firearm on duty. 
 82.1      (h) "Law enforcement agency" means: 
 82.2      (1) a unit of state or local government that is authorized 
 82.3   by law to grant full powers of arrest and to charge a person 
 82.4   with the duties of preventing and detecting crime and enforcing 
 82.5   the general criminal laws of the state; and 
 82.6      (2) subject to the limitations in section 626.93, a law 
 82.7   enforcement agency of a federally recognized tribe, as defined 
 82.8   in United States Code, title 25, section 450b(e). 
 82.9      (i) "Professional peace officer education" means a 
 82.10  postsecondary degree program, or a nondegree program for persons 
 82.11  who already have a college degree, that is offered by a college 
 82.12  or university in Minnesota, designed for persons seeking 
 82.13  licensure as a peace officer, and approved by the board. 
 82.14     Sec. 78.  Laws 2003, First Special Session chapter 11, 
 82.15  article 2, section 21, is amended to read: 
 82.16     Sec. 21.  [INDEPENDENT STUDY ON INTERMITTENT RESOURCES.] 
 82.17     The commission shall order the electric utility subject to 
 82.18  Minnesota Statutes, section 216B.1691, subdivision 7 6, to 
 82.19  contract with a firm selected by the commissioner of commerce 
 82.20  for an independent engineering study of the impacts of 
 82.21  increasing wind capacity on its system above the 825 megawatts 
 82.22  of nameplate wind energy capacity to which the utility is 
 82.23  already committed, to evaluate options available to manage the 
 82.24  intermittent nature of this renewable resource.  The study shall 
 82.25  be completed by June 1, 2004, and incorporated into the 
 82.26  utility's next resource plan filing.  The costs of the study, 
 82.27  options pursued by the utility to manage the intermittent nature 
 82.28  of wind energy, and the costs of complying with Minnesota 
 82.29  Statutes, section 216B.1691, subdivision 7, shall be recoverable 
 82.30  under Minnesota Statutes, section 216B.1645. 
 82.31     Sec. 79.  Laws 2004, chapter 199, article 12, section 108, 
 82.32  is amended to read: 
 82.33     Sec. 108.  [EFFECTIVE DATE.] 
 82.34     This act, except articles 14 and 15, is effective January 
 82.35  1, 2005. 
 82.36     Articles 14 and 15 are effective July 1, 2004. 
 83.1      <b>[EFFECTIVE DATE.]</b> This section is effective retroactively 
 83.2   from May 16, 2004. 
 83.3      Sec. 80.  Laws 2004, chapter 261, article 6, section 5, is 
 83.4   amended to read: 
 83.5      Sec. 5.  [EXPIRATION.] 
 83.6      This article Section 1 expires August 1, 2010. 
 83.7      Sec. 81.  [AMENDMENT HAS NO EFFECT.] 
 83.8      The portion of Laws 2003, First Special Session chapter 14, 
 83.9   article 7, section 17, striking paragraph (e) of Minnesota 
 83.10  Statutes 2002, section 62J.692, subdivision 4, is of no effect. 
 83.11     Sec. 82.  [REPEALER.] 
 83.12     Subdivision 1.  [EXPIRED FEE.] Minnesota Statutes 2004, 
 83.13  section 115B.49, subdivision 4a, is repealed. 
 83.14     Subd. 2.  [DUPLICATIVE METROPOLITAN COUNCIL 
 83.15  BOUNDARIES.] Laws 2003, chapter 8, section 2, is repealed. 
 83.16     Subd. 3.  [TUITION REIMBURSEMENT.] Laws 2004, chapter 219, 
 83.17  section 1, is repealed. 
 83.18     Subd. 4.  [PHARMACY BENEFITS.] Laws 2004, chapter 288, 
 83.19  article 3, section 5, is repealed. 
 83.20     Subd. 5.  [OBSOLETE VETERANS AFFAIRS RULES.] Minnesota 
 83.21  Rules, parts 9055.0125; 9055.0500; 9055.0510; 9055.0520; 
 83.22  9055.0530; 9055.0540; 9055.0550; 9055.0560; 9055.0570; 
 83.23  9055.0580; 9055.0590; 9055.0600; and 9055.0610, are repealed. 
 83.24     Subd. 6.  [OBSOLETE POST BOARD RULES.] Minnesota Rules, 
 83.25  parts 6700.0100, subpart 14; and 6700.1300, are repealed. 
 83.26                             ARTICLE 2 
 83.27             OBSOLETE CONSTABLE AND MARSHAL PROVISIONS 
 83.28     Section 1.  Minnesota Statutes 2004, section 345.14, is 
 83.29  amended to read: 
 83.30     345.14 [FEES OF COURT ADMINISTRATORS.] 
 83.31     For services performed under the provisions of this 
 83.32  chapter, court administrators of district court shall be allowed 
 83.33  $1 for each day, and constables peace officers the same fees as 
 83.34  are allowed by law for sales upon execution, and ten cents per 
 83.35  folio for making an inventory of the property. 
 83.36     Sec. 2.  Minnesota Statutes 2004, section 346.05, is 
 84.1   amended to read: 
 84.2      346.05 [SALE OF ESTRAY.] 
 84.3      If no claimant for such estray shall cause its return to 
 84.4   the claimant as before provided, and if such estray shall not 
 84.5   have been appraised at more than $10, the finder shall thereupon 
 84.6   become the owner thereof; but, if such appraised value exceeds 
 84.7   $10, the estray shall be sold at public auction by any constable 
 84.8   peace officer of the county on the request of the finder.  
 84.9   Notice thereof shall be given and the sale conducted and the 
 84.10  same fees allowed as in case of sales upon justice's execution.  
 84.11  The finder may bid at such sale, and at the time thereof shall 
 84.12  deliver to such officer a statement, in writing, of the finder's 
 84.13  charges.  After deducting such charges, if reasonable, and the 
 84.14  costs of sale, the officer shall deposit the remainder of the 
 84.15  money, together with the written statement and a statement of 
 84.16  the costs of sale, with the county treasurer, taking the 
 84.17  treasurer's receipt therefor.  If the finder of any such estray 
 84.18  shall fail to cause the sale to be made, the finder shall pay to 
 84.19  the town the value of the estray, to be recovered in an action 
 84.20  by the town. 
 84.21     Sec. 3.  Minnesota Statutes 2004, section 626.84, 
 84.22  subdivision 1, is amended to read: 
 84.23     Subdivision 1.  [DEFINITIONS.] For purposes of sections 
 84.24  626.84 to 626.863, the following terms have the meanings given 
 84.25  them: 
 84.26     (a) "Board" means the Board of Peace Officer Standards and 
 84.27  Training. 
 84.28     (b) "Director" means the executive director of the board. 
 84.29     (c) "Peace officer" means: 
 84.30     (1) an employee or an elected or appointed official of a 
 84.31  political subdivision or law enforcement agency who is licensed 
 84.32  by the board, charged with the prevention and detection of crime 
 84.33  and the enforcement of the general criminal laws of the state 
 84.34  and who has the full power of arrest, and shall also include the 
 84.35  Minnesota State Patrol, agents of the Division of Alcohol and 
 84.36  Gambling Enforcement, state conservation officers, Metropolitan 
 85.1   Transit police officers, Department of Corrections' Fugitive 
 85.2   Apprehension Unit officers, and Department of Commerce Insurance 
 85.3   Fraud Unit officers; and 
 85.4      (2) a peace officer who is employed by a law enforcement 
 85.5   agency of a federally recognized tribe, as defined in United 
 85.6   States Code, title 25, section 450b(e), and who is licensed by 
 85.7   the board. 
 85.8      (d) "Constable" has the meaning assigned to it in section 
 85.9   367.40. 
 85.10     (e) "Deputy constable" has the meaning assigned to it in 
 85.11  section 367.40. 
 85.12     (f) "Part-time peace officer" means an individual licensed 
 85.13  by the board whose services are utilized by law enforcement 
 85.14  agencies no more than an average of 20 hours per week, not 
 85.15  including time spent on call when no call to active duty is 
 85.16  received, calculated on an annual basis, who has either full 
 85.17  powers of arrest or authorization to carry a firearm while on 
 85.18  active duty.  The term shall apply even though the individual 
 85.19  receives no compensation for time spent on active duty, and 
 85.20  shall apply irrespective of the title conferred upon the 
 85.21  individual by any law enforcement agency.  The limitation on the 
 85.22  average number of hours in which the services of a part-time 
 85.23  peace officer may be utilized shall not apply to a part-time 
 85.24  peace officer who has formally notified the board pursuant to 
 85.25  rules adopted by the board of the part-time peace officer's 
 85.26  intention to pursue the specialized training for part-time peace 
 85.27  officers who desire to become peace officers pursuant to 
 85.28  sections 626.843, subdivision 1, clause (g), and 626.845, 
 85.29  subdivision 1, clause (g). 
 85.30     (g) (e) "Reserve officer" means an individual whose 
 85.31  services are utilized by a law enforcement agency to provide 
 85.32  supplementary assistance at special events, traffic or crowd 
 85.33  control, and administrative or clerical assistance.  A reserve 
 85.34  officer's duties do not include enforcement of the general 
 85.35  criminal laws of the state, and the officer does not have full 
 85.36  powers of arrest or authorization to carry a firearm on duty. 
 86.1      (h) (f) "Law enforcement agency" means: 
 86.2      (1) a unit of state or local government that is authorized 
 86.3   by law to grant full powers of arrest and to charge a person 
 86.4   with the duties of preventing and detecting crime and enforcing 
 86.5   the general criminal laws of the state; and 
 86.6      (2) subject to the limitations in section 626.93, a law 
 86.7   enforcement agency of a federally recognized tribe, as defined 
 86.8   in United States Code, title 25, section 450b(e). 
 86.9      (i) (g) "Professional peace officer education" means a 
 86.10  postsecondary degree program, or a nondegree program for persons 
 86.11  who already have a college degree, that is offered by a college 
 86.12  or university in Minnesota, designed for persons seeking 
 86.13  licensure as a peace officer, and approved by the board. 
 86.14     Sec. 4.  [REVISOR'S INSTRUCTION.] 
 86.15     Subdivision 1.  [LAW ENFORCEMENT AGENCY DEFINITION.] The 
 86.16  revisor of statutes shall change the reference "626.84, 
 86.17  subdivision 1, paragraph (h)" to "626.84, subdivision 1, 
 86.18  paragraph (f)" in Minnesota Statutes, sections 45.0135, 
 86.19  subdivision 2a; 364.09, paragraph (a); 473.407, subdivision 1; 
 86.20  241.025, subdivision 1; 626.8453, subdivision 1, paragraph (b); 
 86.21  626.90, subdivision 2, paragraph (a); 626.91, subdivision 1, 
 86.22  paragraph (a); 626.92, subdivision 2; and 626.93, subdivision 2, 
 86.23  clause (1), and change the reference from "626.84, subdivision 
 86.24  1, paragraph (f)" or "clause (f)" to "626.84, subdivision 1, 
 86.25  paragraph (d)" in Minnesota Statutes, sections 473.407, 
 86.26  subdivision 4; 241.025, subdivision 4; and 629.34, subdivision 1.
 86.27     Subd. 2.  [CONSTABLES AND MARSHALS.] In the following 
 86.28  sections, the revisor of statutes shall delete references to the 
 86.29  terms "constable," "deputy constable," "marshal," "city 
 86.30  marshals," and "statutory city marshal" and make changes 
 86.31  necessary to correct the punctuation, grammar, or structure of 
 86.32  the remaining text and preserve its meaning:  38.01; 97A.205; 
 86.33  103B.645; 103B.683; 115.32, subdivision 3; 136F.53, subdivision 
 86.34  5; 169.965, subdivisions 4 and 5; 169.966, subdivisions 4 and 5; 
 86.35  169A.03, subdivision 18; 176.011, subdivision 9; 192.68, 
 86.36  subdivision 1; 192.85; 260C.148, subdivision 3; 299C.03; 
 87.1   299C.06; 299D.03, subdivision 1; 325E.21, subdivision 1; 
 87.2   326.3384, subdivision 1; 327.76, subdivision 3; 329.14; 330.06; 
 87.3   332.37; 345.04; 345.05; 346.14; 346.17; 346.18; 347.14, 
 87.4   subdivisions 1 and 2; 349.33; 359.11; 382.27; 395.23; 398.13; 
 87.5   412.861, subdivision 1; 458D.18, subdivision 4; 473.608, 
 87.6   subdivision 17; 504B.331; 504B.361, subdivision 1; 504B.375, 
 87.7   subdivision 1; 514.22; 514.58; 518B.01, subdivisions 6 and 9; 
 87.8   541.06; 561.07; 617.27; 624.24; 624.62; 626.848; 626.862; 
 87.9   626.863; 626.88; and 631.04. 
 87.10     Sec. 5.  [REPEALER.] 
 87.11     Minnesota Statutes 2004, sections 306.13; 315.43; 317A.909, 
 87.12  subdivision 4; 357.12; 367.40, subdivisions 3 and 4; 367.401, 
 87.13  subdivision 4; 367.42; and 398.35, subdivision 2, are repealed. 
 87.14                             ARTICLE 3 
 87.15                   UPDATING AND CONFORMING FINES 
 87.16     Section 1.  Minnesota Statutes 2004, section 17.43, is 
 87.17  amended to read: 
 87.18     17.43 [VIOLATIONS; PENALTIES.] 
 87.19     Any person violating section 17.42, shall be is guilty of a 
 87.20  gross misdemeanor and shall be fined not less than $250 or be 
 87.21  imprisoned for not less than 60 days, or both.  
 87.22     Sec. 2.  Minnesota Statutes 2004, section 28.15, is amended 
 87.23  to read: 
 87.24     28.15 [PENALTIES.] 
 87.25     Any person, firm, or corporation violating any provision of 
 87.26  this chapter relating to cold storage warehousing shall be is 
 87.27  guilty of a gross misdemeanor and, upon conviction, punished for 
 87.28  the a first offense by a fine of not to exceed $700 or by 
 87.29  imprisonment in the jail of the proper county for a period of 
 87.30  not more than three months, or by both such fine and 
 87.31  imprisonment, and for the second or subsequent offense by a fine 
 87.32  of not to exceed $3,000 or by imprisonment in the jail of the 
 87.33  proper county for a period of not to exceed one year or by both 
 87.34  such fine and imprisonment, is guilty of a gross misdemeanor.  
 87.35     Sec. 3.  Minnesota Statutes 2004, section 32.645, is 
 87.36  amended to read: 
 88.1      32.645 [PENALTIES.] 
 88.2      Subdivision 1.  [GROSS MISDEMEANOR; LICENSE REVOCATION.] 
 88.3   Any person licensed under the provisions of sections 28A.04, 
 88.4   28A.14, 32.56, and 32.59, who knowingly violates, or who directs 
 88.5   or knowingly permits any officer, agent, or employee to violate 
 88.6   section 32.62, subdivision 2, clause (1) or (3), shall be is 
 88.7   guilty of a gross misdemeanor and upon conviction thereof, be 
 88.8   punished by a fine of not more than $3,000, or 30 days 
 88.9   imprisonment in the county jail, or both.  For each subsequent 
 88.10  offense, in addition to any fine or imprisonment imposed under 
 88.11  this subdivision, upon conviction thereof, the commissioner of 
 88.12  agriculture shall revoke or withhold issuing to such offender 
 88.13  any license required under the provisions of sections 28A.04, 
 88.14  28A.14, 32.56, and 32.59, and in such case of revocation of 
 88.15  license the commissioner shall not issue any license for the 
 88.16  operation of such frozen food manufacturing plant for a period 
 88.17  of one year from the date of such revocation.  
 88.18     Subd. 2.  [LESSER PENALTIES.] Any person violating section 
 88.19  32.62, subdivision 2, clause (2) or (4), for each first 
 88.20  offense shall, upon conviction thereof, be punished by a fine of 
 88.21  not less than $25 nor more than $200 is guilty of a petty 
 88.22  misdemeanor and for each subsequent offense, upon conviction 
 88.23  thereof, by a fine of not less than $100 nor more than $250, or 
 88.24  30 days imprisonment in the county jail, or both is guilty of a 
 88.25  misdemeanor.  
 88.26     Sec. 4.  Minnesota Statutes 2004, section 64B.37, 
 88.27  subdivision 2, is amended to read: 
 88.28     Subd. 2.  [FALSE OR FRAUDULENT STATEMENTS OR 
 88.29  REPRESENTATIONS.] Any person, officer, member, or examining 
 88.30  physician, who shall knowingly or willfully make makes any false 
 88.31  or fraudulent statement or representation in, or with reference 
 88.32  to, any application for membership for the purpose of obtaining 
 88.33  money from or benefit in any society transacting business under 
 88.34  this chapter shall be is guilty of a misdemeanor: 
 88.35     (1) any person who shall willfully make makes a false 
 88.36  statement of any material fact or thing in a sworn statement as 
 89.1   to the death or disability of a certificate holder in any such 
 89.2   society, for the purpose of procuring payment of a benefit named 
 89.3   in the certificate of such holder, and any person who shall 
 89.4   willfully make makes any false statement and any verified report 
 89.5   or declaration under oath, required or authorized under this 
 89.6   chapter, shall be is guilty of perjury and shall be proceeded 
 89.7   against and punished as provided by the statutes of this state 
 89.8   in relation to the crime of perjury; 
 89.9      (2) any person who shall solicit solicits membership for, 
 89.10  or in any manner assist in procuring membership in, any society 
 89.11  not licensed to do business in this state, or who shall solicit 
 89.12  solicits membership for or in any manner assist in procuring 
 89.13  membership in, any such society not authorized to do business in 
 89.14  this state, shall be is guilty of a misdemeanor; and, upon 
 89.15  conviction thereof, punished by fine of not more than $200; 
 89.16     (3) any society, or any officer, agent, or employee 
 89.17  thereof, neglecting, refusing to comply with, or violating, any 
 89.18  of the provisions of this chapter, the penalty for which 
 89.19  neglect, refusal, or violation is not specified in this section, 
 89.20  shall be fined not exceeding $200 upon conviction thereof more 
 89.21  than $1,000. 
 89.22     Sec. 5.  Minnesota Statutes 2004, section 116J.871, 
 89.23  subdivision 3, is amended to read: 
 89.24     Subd. 3.  [PREVAILING WAGE; PENALTY.] It is a misdemeanor 
 89.25  for a person who has certified that prevailing wages will be 
 89.26  paid to laborers and mechanics under subdivision 2 to 
 89.27  subsequently fail to pay the prevailing wage.  This misdemeanor 
 89.28  is punishable by a fine of not more than $1,000, or imprisonment 
 89.29  for not more than 90 days, or both.  Each day a violation of 
 89.30  this subdivision continues is a separate offense. 
 89.31     Sec. 6.  Minnesota Statutes 2004, section 127A.10, is 
 89.32  amended to read: 
 89.33     127A.10 [STATE OFFICIALS AND SCHOOL BOARD MEMBERS TO BE 
 89.34  DISINTERESTED; PENALTY.] 
 89.35     If the commissioner of education, an assistant or any 
 89.36  employee connected with the commissioner's office, or any member 
 90.1   of any school board shall accept or receive any money, gift or 
 90.2   any property, or favor from any person, firm, or corporation 
 90.3   offering for sale any textbooks, or any agent thereof, or from 
 90.4   any person in any way interested in the sale of textbooks, the 
 90.5   person accepting or receiving it shall, upon conviction, be 
 90.6   punished by a fine not exceeding $1,000, or by imprisonment in 
 90.7   the county jail for not more than six months, or both by such 
 90.8   fine and imprisonment is guilty of a gross misdemeanor.  
 90.9      Sec. 7.  Minnesota Statutes 2004, section 137.09, is 
 90.10  amended to read: 
 90.11     137.09 [BOARD OF REGENTS NOT TO EXCEED APPROPRIATIONS; 
 90.12  PENALTY.] 
 90.13     It shall be unlawful for the Board of Regents to permit any 
 90.14  expenditures for any purpose in excess of the amount 
 90.15  appropriated or contemplated by law and any member or agent of 
 90.16  the board violating this provision shall be is guilty of a gross 
 90.17  misdemeanor; and, upon conviction, fined not less than $100 nor 
 90.18  more than $3,000, or be imprisoned in the county jail for not 
 90.19  less than six months, or by both fine and imprisonment.  
 90.20     Sec. 8.  Minnesota Statutes 2004, section 152.027, 
 90.21  subdivision 4, is amended to read: 
 90.22     Subd. 4.  [POSSESSION OR SALE OF SMALL AMOUNTS OF 
 90.23  MARIJUANA.] (a) A person who unlawfully sells a small amount of 
 90.24  marijuana for no remuneration, or who unlawfully possesses a 
 90.25  small amount of marijuana is guilty of a petty misdemeanor 
 90.26  punishable by a fine of up to $200 and participation in a drug 
 90.27  education program unless the court enters a written finding that 
 90.28  a drug education program is inappropriate.  The program must be 
 90.29  approved by an area mental health board with a curriculum 
 90.30  approved by the state alcohol and drug abuse authority. 
 90.31     (b) A person convicted of an unlawful sale under paragraph 
 90.32  (a) who is subsequently convicted of an unlawful sale under 
 90.33  paragraph (a) within two years is guilty of a misdemeanor and 
 90.34  shall be required to participate in a chemical dependency 
 90.35  evaluation and treatment if so indicated by the evaluation. 
 90.36     (c) A person who is convicted of a petty misdemeanor under 
 91.1   paragraph (a) who willfully and intentionally fails to comply 
 91.2   with the sentence imposed, is guilty of a misdemeanor.  
 91.3   Compliance with the terms of the sentence imposed before 
 91.4   conviction under this paragraph is an absolute defense. 
 91.5      Sec. 9.  Minnesota Statutes 2004, section 155A.16, is 
 91.6   amended to read: 
 91.7      155A.16 [VIOLATIONS; PENALTIES.] 
 91.8      Any person who violates any of the provisions of sections 
 91.9   155A.01 to 155A.16 is guilty of a misdemeanor and upon 
 91.10  conviction may be sentenced to imprisonment for not more than 90 
 91.11  days or fined not more than $700, or both, per violation. 
 91.12     Sec. 10.  Minnesota Statutes 2004, section 168.275, is 
 91.13  amended to read: 
 91.14     168.275 [SALE OF MOTOR VEHICLE ON SUNDAY FORBIDDEN.] 
 91.15     Any person who shall carry on or engage in the business of 
 91.16  buying, selling, exchanging, dealing in or trading in new or 
 91.17  used motor vehicles; or who shall open any place of business or 
 91.18  lot wherein the person attempts to or does engage in the 
 91.19  business of buying, selling, exchanging, dealing or trading in 
 91.20  new or used motor vehicles; or who does buy, sell, exchange, 
 91.21  deal or trade in new or used motor vehicles as a business on the 
 91.22  first day of the week, commonly known and designated as Sunday, 
 91.23  is guilty of a misdemeanor for the first offense, and a gross 
 91.24  misdemeanor for each succeeding offense.  Such a person upon 
 91.25  conviction for the first offense shall pay a fine not to exceed 
 91.26  $1,000 or be imprisoned for a period of not more than ten days; 
 91.27  and for the second offense shall pay a fine not to exceed $3,000 
 91.28  or be imprisoned for a period of not more than 30 days or both; 
 91.29  and for the third or each subsequent offense shall pay a fine of 
 91.30  not more than $3,000 or be imprisoned for a period of not more 
 91.31  than six months or both.  This section does not apply to the 
 91.32  sale of (1) trailers designed and used primarily to transport 
 91.33  watercraft, as defined in section 86B.005, subdivision 18, (2) 
 91.34  trailers designed and used primarily to transport all-terrain 
 91.35  vehicles, as defined in section 84.92, subdivision 8, (3) 
 91.36  trailers designed and used primarily to transport snowmobiles as 
 92.1   defined in section 84.81, subdivision 3, or (4) utility trailers 
 92.2   as defined in section 168.27, subdivision 20. 
 92.3      Sec. 11.  Minnesota Statutes 2004, section 169.21, 
 92.4   subdivision 2, is amended to read: 
 92.5      Subd. 2.  [RIGHTS IN ABSENCE OF SIGNAL.] (a) Where 
 92.6   traffic-control signals are not in place or in operation, the 
 92.7   driver of a vehicle shall stop to yield the right-of-way to a 
 92.8   pedestrian crossing the roadway within a marked crosswalk or at 
 92.9   an intersection with no marked crosswalk.  The driver must 
 92.10  remain stopped until the pedestrian has passed the lane in which 
 92.11  the vehicle is stopped.  No pedestrian shall suddenly leave a 
 92.12  curb or other place of safety and walk or run into the path of a 
 92.13  vehicle which is so close that it is impossible for the driver 
 92.14  to yield.  This provision shall not apply under the conditions 
 92.15  as otherwise provided in this subdivision. 
 92.16     (b) When any vehicle is stopped at a marked crosswalk or at 
 92.17  an intersection with no marked crosswalk to permit a pedestrian 
 92.18  to cross the roadway, the driver of any other vehicle 
 92.19  approaching from the rear shall not overtake and pass the 
 92.20  stopped vehicle. 
 92.21     (c) It is unlawful for any person to drive a motor vehicle 
 92.22  through a column of school children crossing a street or highway 
 92.23  or past a member of a school safety patrol or adult crossing 
 92.24  guard, while the member of the school safety patrol or adult 
 92.25  crossing guard is directing the movement of children across a 
 92.26  street or highway and while the school safety patrol member or 
 92.27  adult crossing guard is holding an official signal in the stop 
 92.28  position.  A peace officer may arrest the driver of a motor 
 92.29  vehicle if the peace officer has probable cause to believe that 
 92.30  the driver has operated the vehicle in violation of this 
 92.31  paragraph within the past four hours.  
 92.32     (d) A person who violates this subdivision is guilty of a 
 92.33  misdemeanor and may be sentenced to imprisonment for not more 
 92.34  than 90 days or to payment of a fine of not more than $1,000, or 
 92.35  both.  A person who violates this subdivision a second or 
 92.36  subsequent time within one year of a previous conviction under 
 93.1   this subdivision is guilty of a gross misdemeanor and may be 
 93.2   sentenced to imprisonment for not more than one year or to 
 93.3   payment of a fine of not more than $3,000, or both. 
 93.4      Sec. 12.  Minnesota Statutes 2004, section 181.30, is 
 93.5   amended to read: 
 93.6      181.30 [DUTY OF DEPARTMENT OF TRANSPORTATION.] 
 93.7      Any officer of any railroad company in the state violating 
 93.8   any of the provisions of section 181.29 shall be is guilty of a 
 93.9   misdemeanor; and, upon conviction, punished by a fine of not 
 93.10  less than $100, and not more than $1,000, for each offense, or 
 93.11  by imprisonment in the county jail not more than 60 days, or 
 93.12  both fine and imprisonment, at the discretion of the court.  It 
 93.13  shall be the duty of the state Department of Transportation, 
 93.14  upon complaint properly filed with it alleging a violation of 
 93.15  section 181.29, to make a full investigation in relation 
 93.16  thereto, and for such purpose it shall have the power to 
 93.17  administer oaths, interrogate witnesses, take testimony and 
 93.18  require the production of books and papers, and if such report 
 93.19  shall show a violation of the provisions of section 181.29, the 
 93.20  Department of Transportation shall, through the attorney 
 93.21  general, begin the prosecution of all parties against whom 
 93.22  evidence of such violation is found; but section 181.29 shall 
 93.23  not be construed to prevent any other person from beginning 
 93.24  prosecution for the violation of the provisions thereof.  
 93.25     Sec. 13.  Minnesota Statutes 2004, section 219.57, 
 93.26  subdivision 6, is amended to read: 
 93.27     Subd. 6.  [MISDEMEANOR.] A railroad company violating this 
 93.28  section is guilty of a misdemeanor punishable by a fine of not 
 93.29  less than $50 nor more than $200 and may be assessed costs of 
 93.30  prosecution for each offense.  
 93.31     A railroad employee violating this section is guilty of a 
 93.32  misdemeanor punishable by a fine of not less than $50 nor more 
 93.33  than $100 and may be assessed costs of prosecution or by 
 93.34  imprisonment in the county jail not exceeding 90 days.  
 93.35     Sec. 14.  Minnesota Statutes 2004, section 234.23, is 
 93.36  amended to read: 
 94.1      234.23 [VIOLATION; PENALTY.] 
 94.2      A person unlawfully removing, breaking, or interfering or 
 94.3   tampering with a seal, lock, or other fastening placed upon a 
 94.4   granary, crib, bin, or other receptacle for grain under this 
 94.5   chapter, except when the removal is imperative to prevent the 
 94.6   damage, loss, or destruction of stored grain, is guilty of a 
 94.7   crime punishable by a fine of not less than $100 or more than 
 94.8   $1,000 or by imprisonment in the county jail for not more than 
 94.9   six months, or both gross misdemeanor.  
 94.10     Sec. 15.  Minnesota Statutes 2004, section 235.10, is 
 94.11  amended to read: 
 94.12     235.10 [UNLAWFUL DISCRIMINATION IN SALE OR PURCHASE OF 
 94.13  GRAIN.] 
 94.14     A person, firm, copartnership, or corporation engaged in 
 94.15  the business of buying grain, either for itself or others, may 
 94.16  not, with the intention of creating a monopoly or destroying the 
 94.17  business of a competitor, discriminate between different 
 94.18  localities, of this state by purchasing grain of a particular 
 94.19  grade and condition at a higher price or rate in one locality 
 94.20  than in another after making due allowance for the difference, 
 94.21  if any, in actual cost of transportation from the locality of 
 94.22  purchase, to the locality of manufacture, use, or distribution.  
 94.23  Violation of this section is unfair discrimination, punishable 
 94.24  by a fine up to $1,000 or by imprisonment in the county jail up 
 94.25  to six months a gross misdemeanor.  
 94.26     Sec. 16.  Minnesota Statutes 2004, section 235.13, is 
 94.27  amended to read: 
 94.28     235.13 [VIOLATIONS; PENALTIES.] 
 94.29     Violation of chapters 216 to 235, if no specific penalty is 
 94.30  prescribed, is a gross misdemeanor, punishable by a fine of not 
 94.31  less than $50 nor more than $700.  
 94.32     Sec. 17.  Minnesota Statutes 2004, section 325F.40, is 
 94.33  amended to read: 
 94.34     325F.40 [VIOLATIONS; PENALTIES.] 
 94.35     Any person, company, or corporation violating any of the 
 94.36  provisions of sections 325F.35 to 325F.39 shall be deemed is 
 95.1   guilty of a misdemeanor; and, upon conviction thereof, for the 
 95.2   first offense, punished by a fine of not less than $25 nor more 
 95.3   than $50 and for each subsequent offense by a fine of not less 
 95.4   than $50 nor more than $200.  
 95.5      Sec. 18.  Minnesota Statutes 2004, section 329.17, is 
 95.6   amended to read: 
 95.7      329.17 [VIOLATIONS; PENALTIES.] 
 95.8      Subdivision 1.  [GROSS MISDEMEANOR.] Every person, either 
 95.9   as principal or agent, who shall in any manner engage in, do, or 
 95.10  transact any business as a transient merchant, without having 
 95.11  first obtained a license, or who shall conduct any sale, or who 
 95.12  shall sell or expose for sale any goods, wares, and merchandise 
 95.13  contrary to the provisions of sections 329.10 to 329.16, or who 
 95.14  shall advertise, represent, or hold forth any sale of goods, 
 95.15  wares, and merchandise, to be conducted contrary to the 
 95.16  provisions of sections 329.10 to 329.16, shall be is guilty of a 
 95.17  gross misdemeanor.  
 95.18     Subd. 2.  [MISDEMEANOR.] Every person who shall engage in 
 95.19  or follow the business of a hawker or peddler without having 
 95.20  first obtained a license shall be is guilty of a misdemeanor; 
 95.21  and upon conviction thereof punished by a fine of not less than 
 95.22  $15 nor more than $100 or in default of the payment of such fine 
 95.23  by imprisonment in the county jail of the county of conviction 
 95.24  for a period of not exceeding 60 days for each offense.  
 95.25     Sec. 19.  Minnesota Statutes 2004, section 333.135, is 
 95.26  amended to read: 
 95.27     333.135 [IMPROPER USE OF INSIGNIA.] 
 95.28     Every person who shall willfully wear the insignia or 
 95.29  rosette of the military order of the Loyal Legion of the United 
 95.30  States, or the badge or button of the American Legion, the 
 95.31  Veterans of Foreign Wars, the Disabled American Veterans of the 
 95.32  World War, or of any other veterans' organization, or any 
 95.33  similitude thereof; or who shall willfully wear any badge, 
 95.34  emblem, or insignia pertaining to the order of Masons, Odd 
 95.35  Fellows, Knights of Pythias, or any other secret order or 
 95.36  society, or any similitude thereof; or who shall use any such 
 96.1   badge, button, or insignia to obtain aid or assistance, or who 
 96.2   shall use the name of any such order or society for gain, unless 
 96.3   entitled to so use the same under the constitution, bylaws, 
 96.4   rules, and regulations of such order, shall be is guilty of a 
 96.5   misdemeanor and shall be punished by imprisonment in the county 
 96.6   jail for not more than 60 days or by a fine of not more than $50 
 96.7   or by both.  
 96.8      Sec. 20.  Minnesota Statutes 2004, section 395.22, is 
 96.9   amended to read: 
 96.10     395.22 [PENALTY FOR VIOLATION.] 
 96.11     Any person who shall, contrary to the provisions of 
 96.12  sections 395.14 to 395.24, sell, transfer, take, or carry away, 
 96.13  or in any manner dispose of, the seed or feed, or any part 
 96.14  thereof, furnished by the county under sections 395.14 to 395.24 
 96.15  or shall use or dispose of such seed or feed, or any part 
 96.16  thereof, for any other purpose than that of planting or sowing 
 96.17  with same as stated in the application and contract, or shall 
 96.18  sell, transfer, take, or carry away, or in any manner dispose 
 96.19  of, the crop or any part thereof, produced from the sowing or 
 96.20  planting of such seed, before the same is paid for, shall be is 
 96.21  guilty of a misdemeanor; and upon conviction thereof shall pay a 
 96.22  fine of not less than $50 nor more than $100 or may be 
 96.23  imprisoned in the county jail for a term of not less than 30 nor 
 96.24  more than 90 days, and shall pay all the costs of prosecution, 
 96.25  and whoever under any of the provisions of sections 395.14 to 
 96.26  395.24 shall be found guilty of false swearing shall be deemed 
 96.27  to have committed perjury and shall upon conviction suffer the 
 96.28  pains and penalties of that crime.  Upon the filing of the 
 96.29  contract in the office of the county recorder, and the sowing of 
 96.30  the seed obtained therefor, the title and right of possession to 
 96.31  the growing crop and to the grain produced from the seed shall 
 96.32  be in the county which shall have furnished the seed until the 
 96.33  debt incurred for such seed or feed, shall have been paid, and 
 96.34  any seizure thereof or interference therewith except by the 
 96.35  applicant and those in the applicant's employ, for the purpose 
 96.36  of harvesting, threshing, and marketing the same to pay such 
 97.1   debt, shall be deemed a conversion thereof and treble damages 
 97.2   may be recovered against the person so converting the same by 
 97.3   the county furnishing such seed and feed. 
 97.4      Sec. 21.  Minnesota Statutes 2004, section 481.05, is 
 97.5   amended to read: 
 97.6      481.05 [VIOLATIONS; PENALTIES.] 
 97.7      Subdivision 1.  [MISDEMEANOR.] Any attorney at law who 
 97.8   shall violate violates section 481.03 shall be is guilty of a 
 97.9   misdemeanor and punished by a fine of not less than $50 nor more 
 97.10  than $100 or by imprisonment in the county jail for not more 
 97.11  than 90 days. 
 97.12     Subd. 2.  [MISDEMEANOR.] Any person who shall violate 
 97.13  violates section 481.04 shall be is guilty of a misdemeanor and 
 97.14  punished by a fine of not less than $50 nor more than $100 or by 
 97.15  imprisonment in the county jail for not to exceed 90 days.  
 97.16     Sec. 22.  Minnesota Statutes 2004, section 624.64, is 
 97.17  amended to read: 
 97.18     624.64 [ACROBATIC EXHIBITIONS.] 
 97.19     Every proprietor, occupant, or lessee of any place where 
 97.20  acrobatic exhibitions are held, who shall permit any person to 
 97.21  perform on any trapeze, rope, pole, or other acrobatic 
 97.22  contrivance, without network, or other sufficient means of 
 97.23  protection from falling or other accident, shall be is guilty of 
 97.24  a gross misdemeanor, and, for the first offense, punished by a 
 97.25  fine of $250 and for each subsequent offense by a fine of $250 
 97.26  and imprisonment in the county jail for not less than three 
 97.27  months nor more than one year.  
 97.28     Sec. 23.  Minnesota Statutes 2004, section 624.67, is 
 97.29  amended to read: 
 97.30     624.67 [FALSE CERTIFICATE OF REGISTRATION OF ANIMALS; FALSE 
 97.31  REPRESENTATION AS TO BREED.] 
 97.32     Every person who by any false pretense shall obtain from 
 97.33  any club, association, society, or company for the improvement 
 97.34  of the breed of cattle, horses, sheep, swine, fowls, or other 
 97.35  domestic animals, or birds, a certificate of registration of any 
 97.36  animal in the herd, or other register of any such association, 
 98.1   society, or company, or a transfer of any such registration, and 
 98.2   every person who shall knowingly represent any animal used for 
 98.3   breeding purposes to be of a greater degree of any particular 
 98.4   strain of blood than such animal actually possesses, shall be is 
 98.5   guilty of a gross misdemeanor, and punished by imprisonment in 
 98.6   the county jail for not more than six months, or by a fine of 
 98.7   not more than $250.  
 98.8      Sec. 24.  Minnesota Statutes 2004, section 629.11, is 
 98.9   amended to read: 
 98.10     629.11 [VIOLATION A GROSS MISDEMEANOR.] 
 98.11     Any officer who shall deliver to the agent for extradition 
 98.12  of the demanding state a person in custody under the governor's 
 98.13  warrant in willful disobedience to section 629.10 shall be is 
 98.14  guilty of a gross misdemeanor; and upon conviction shall be 
 98.15  fined not more than $3,000 or be imprisoned for not more than 
 98.16  six months.  
 98.17     Sec. 25.  Minnesota Statutes 2004, section 631.04, is 
 98.18  amended to read: 
 98.19     631.04 [EXCLUDING MINORS FROM ATTENDANCE AT CRIMINAL 
 98.20  TRIALS; DUTY OF OFFICER; PENALTY.] 
 98.21     A minor under the age of 17 who is not a party to, witness 
 98.22  in, or directly interested in a criminal prosecution or trial 
 98.23  before a district court, may not be present at the trial.  A 
 98.24  police officer, constable, sheriff, or other officer in charge 
 98.25  of a court and attending upon the trial of a criminal case in 
 98.26  the court, shall exclude a minor under age of 17 from the room 
 98.27  in which the trial is being held.  This section does not apply 
 98.28  when the minor is permitted to attend by order of the court 
 98.29  before which the trial is being held.  A police officer, 
 98.30  constable, sheriff, or deputy sheriff who knowingly neglects or 
 98.31  refuses to carry out the provisions of this section is guilty of 
 98.32  a misdemeanor and shall be punished by a fine of not less than 
 98.33  $10 nor more than $25. 
 98.34                             ARTICLE 4 
 98.35                  GUARDIANSHIP AND CONSERVATORSHIP 
 98.36     Section 1.  Minnesota Statutes 2004, section 144.6501, 
 99.1   subdivision 1, is amended to read: 
 99.2      Subdivision 1.  [DEFINITIONS.] For purposes of this 
 99.3   section, the following terms have the meanings given them. 
 99.4      (a) "Facility" means a nursing home licensed under chapter 
 99.5   144A or a boarding care facility licensed under sections 144.50 
 99.6   to 144.58. 
 99.7      (b) "Contract of admission," "admission contract," or 
 99.8   "admission agreement," includes, but is not limited to, all 
 99.9   documents that a resident or resident's representative must sign 
 99.10  at the time of, or as a condition of, admission to the 
 99.11  facility.  Oral representations and statements between the 
 99.12  facility and the resident or resident's representative are not 
 99.13  part of the contract of admission unless expressly contained in 
 99.14  writing in those documents.  The contract of admission must 
 99.15  specify the obligations of the resident or the responsible party.
 99.16     (c) "Legal representative" means an attorney-in-fact under 
 99.17  a valid power of attorney executed by the prospective resident, 
 99.18  or a conservator or guardian of the person or of the estate 
 99.19  appointed for the prospective resident, or a representative 
 99.20  payee appointed for the prospective resident, or other agent of 
 99.21  limited powers. 
 99.22     (d) "Responsible party" means a person who has access to 
 99.23  the resident's income and assets and who agrees to apply the 
 99.24  resident's income and assets to pay for the resident's care or 
 99.25  who agrees to make and complete an application for medical 
 99.26  assistance on behalf of the resident. 
 99.27     Sec. 2.  Minnesota Statutes 2004, section 145B.04, is 
 99.28  amended to read: 
 99.29     145B.04 [SUGGESTED FORM.] 
 99.30     A living will executed after August 1, 1989, under this 
 99.31  chapter must be substantially in the form in this section.  
 99.32  Forms printed for public distribution must be substantially in 
 99.33  the form in this section. 
 99.34                      "Health Care Living Will
 99.35  Notice: 
 99.36     This is an important legal document.  Before signing this 
100.1   document, you should know these important facts: 
100.2      (a) This document gives your health care providers or your 
100.3   designated proxy the power and guidance to make health care 
100.4   decisions according to your wishes when you are in a terminal 
100.5   condition and cannot do so.  This document may include what kind 
100.6   of treatment you want or do not want and under what 
100.7   circumstances you want these decisions to be made.  You may 
100.8   state where you want or do not want to receive any treatment. 
100.9      (b) If you name a proxy in this document and that person 
100.10  agrees to serve as your proxy, that person has a duty to act 
100.11  consistently with your wishes.  If the proxy does not know your 
100.12  wishes, the proxy has the duty to act in your best interests.  
100.13  If you do not name a proxy, your health care providers have a 
100.14  duty to act consistently with your instructions or tell you that 
100.15  they are unwilling to do so. 
100.16     (c) This document will remain valid and in effect until and 
100.17  unless you amend or revoke it.  Review this document 
100.18  periodically to make sure it continues to reflect your 
100.19  preferences.  You may amend or revoke the living will at any 
100.20  time by notifying your health care providers. 
100.21     (d) Your named proxy has the same right as you have to 
100.22  examine your medical records and to consent to their disclosure 
100.23  for purposes related to your health care or insurance unless you 
100.24  limit this right in this document. 
100.25     (e) If there is anything in this document that you do not 
100.26  understand, you should ask for professional help to have it 
100.27  explained to you. 
100.28  TO MY FAMILY, DOCTORS, AND ALL THOSE CONCERNED WITH MY CARE: 
100.29     I, .........................., born on ........ 
100.30  (birthdate), being an adult of sound mind, willfully and 
100.31  voluntarily make this statement as a directive to be followed if 
100.32  I am in a terminal condition and become unable to participate in 
100.33  decisions regarding my health care.  I understand that my health 
100.34  care providers are legally bound to act consistently with my 
100.35  wishes, within the limits of reasonable medical practice and 
100.36  other applicable law.  I also understand that I have the right 
101.1   to make medical and health care decisions for myself as long as 
101.2   I am able to do so and to revoke this living will at any time. 
101.3      (1) The following are my feelings and wishes regarding my 
101.4   health care (you may state the circumstances under which this 
101.5   living will applies): 
101.6   ................................................................ 
101.7   ................................................................ 
101.8   ................................................................ 
101.9   ................................................................ 
101.10     (2) I particularly want to have all appropriate health care 
101.11  that will help in the following ways (you may give instructions 
101.12  for care you do want): 
101.13  .................................................................
101.14  .................................................................
101.15  .................................................................
101.16  .................................................................
101.17     (3) I particularly do not want the following (you may list 
101.18  specific treatment you do not want in certain circumstances): 
101.19  .................................................................
101.20  .................................................................
101.21     (4) I particularly want to have the following kinds of 
101.22  life-sustaining treatment if I am diagnosed to have a terminal 
101.23  condition (you may list the specific types of life-sustaining 
101.24  treatment that you do want if you have a terminal condition): 
101.25  ............................................................... 
101.26  ............................................................... 
101.27  ............................................................... 
101.28  ............................................................... 
101.29     (5) I particularly do not want the following kinds of 
101.30  life-sustaining treatment if I am diagnosed to have a terminal 
101.31  condition (you may list the specific types of life-sustaining 
101.32  treatment that you do not want if you have a terminal condition):
101.33  ............................................................... 
101.34  ............................................................... 
101.35  ............................................................... 
101.36  ............................................................... 
102.1      (6) I recognize that if I reject artificially administered 
102.2   sustenance, then I may die of dehydration or malnutrition rather 
102.3   than from my illness or injury.  The following are my feelings 
102.4   and wishes regarding artificially administered sustenance should 
102.5   I have a terminal condition (you may indicate whether you wish 
102.6   to receive food and fluids given to you in some other way than 
102.7   by mouth if you have a terminal condition): 
102.8   ............................................................... 
102.9   ............................................................... 
102.10  ............................................................... 
102.11  ............................................................... 
102.12     (7) Thoughts I feel are relevant to my instructions.  (You 
102.13  may, but need not, give your religious beliefs, philosophy, or 
102.14  other personal values that you feel are important.  You may also 
102.15  state preferences concerning the location of your care.) 
102.16  ............................................................... 
102.17  ............................................................... 
102.18  ............................................................... 
102.19  ............................................................... 
102.20     (8) Proxy Designation.  (If you wish, you may name someone 
102.21  to see that your wishes are carried out, but you do not have to 
102.22  do this.  You may also name a proxy without including specific 
102.23  instructions regarding your care.  If you name a proxy, you 
102.24  should discuss your wishes with that person.) 
102.25     If I become unable to communicate my instructions, I 
102.26  designate the following person(s) to act on my behalf 
102.27  consistently with my instructions, if any, as stated in this 
102.28  document.  Unless I write instructions that limit my proxy's 
102.29  authority, my proxy has full power and authority to make health 
102.30  care decisions for me.  If a guardian or conservator of the 
102.31  person is to be appointed for me, I nominate my proxy named in 
102.32  this document to act as my guardian or conservator of my person. 
102.33     Name:  ................................................. 
102.34     Address:  .............................................. 
102.35     Phone Number:  ......................................... 
102.36     Relationship:  (If any) ................................ 
103.1      If the person I have named above refuses or is unable or 
103.2   unavailable to act on my behalf, or if I revoke that person's 
103.3   authority to act as my proxy, I authorize the following person 
103.4   to do so: 
103.5      Name:  .....................................................
103.6      Address:  ..................................................
103.7      Phone Number:  .............................................
103.8      Relationship:  (If any) ....................................
103.9      I understand that I have the right to revoke the 
103.10  appointment of the persons named above to act on my behalf at 
103.11  any time by communicating that decision to the proxy or my 
103.12  health care provider. 
103.13     (9) Organ Donation After Death.  (If you wish, you may 
103.14  indicate whether you want to be an organ donor upon your 
103.15  death.)  Initial the statement which expresses your wish: 
103.16     .....  In the event of my death, I would like to donate my 
103.17  organs.  I understand that to become an organ donor, I must be 
103.18  declared brain dead.  My organ function may be maintained 
103.19  artificially on a breathing machine, (i.e., artificial 
103.20  ventilation), so that my organs can be removed. 
103.21     Limitations or special wishes:  (If any) .................. 
103.22  .................................................................
103.23  .................................................................
103.24     I understand that, upon my death, my next of kin may be 
103.25  asked permission for donation.  Therefore, it is in my best 
103.26  interests to inform my next of kin about my decision ahead of 
103.27  time and ask them to honor my request. 
103.28     I (have) (have not) agreed in another document or on 
103.29  another form to donate some or all of my organs when I die. 
103.30     .....  I do not wish to become an organ donor upon my death.
103.31     DATE:  .....................................................
103.32     SIGNED: ....................................................
103.33     STATE OF .........................  
103.34     ................................... 
103.35     COUNTY OF ........................ 
103.36     Subscribed, sworn to, and acknowledged before me by 
104.1   .......... on this ..... day of ............, ..... 
104.2      
104.3      ......................................... 
104.4      NOTARY PUBLIC 
104.5      OR 
104.6      (Sign and date here in the presence of two adult witnesses, 
104.7   neither of whom is entitled to any part of your estate under a 
104.8   will or by operation of law, and neither of whom is your proxy.) 
104.9      I certify that the declarant voluntarily signed this living 
104.10  will in my presence and that the declarant is personally known 
104.11  to me.  I am not named as a proxy by the living will, and to the 
104.12  best of my knowledge, I am not entitled to any part of the 
104.13  estate of the declarant under a will or by operation of law. 
104.14  Witness ....................  Address ..................... 
104.15  Witness ....................  Address ..................... 
104.16  Reminder:  Keep the signed original with your personal papers. 
104.17  Give signed copies to your doctors, family, and proxy." 
104.18     Sec. 3.  Minnesota Statutes 2004, section 201.014, 
104.19  subdivision 2, is amended to read: 
104.20     Subd. 2.  [NOT ELIGIBLE.] The following individuals are not 
104.21  eligible to vote.  Any individual:  
104.22     (a) Convicted of treason or any felony whose civil rights 
104.23  have not been restored; 
104.24     (b) Under a guardianship of the person in which the court 
104.25  order provides that the ward does not retain the right to vote; 
104.26  or 
104.27     (c) Found by a court of law to be legally incompetent.  
104.28     Sec. 4.  Minnesota Statutes 2004, section 201.071, 
104.29  subdivision 1, is amended to read: 
104.30     Subdivision 1.  [FORM.] A voter registration application 
104.31  must be of suitable size and weight for mailing and contain 
104.32  spaces for the following required information:  voter's first 
104.33  name, middle name, and last name; voter's previous name, if any; 
104.34  voter's current address; voter's previous address, if any; 
104.35  voter's date of birth; voter's municipality and county of 
104.36  residence; voter's telephone number, if provided by the voter; 
105.1   date of registration; current and valid Minnesota driver's 
105.2   license number or Minnesota state identification number, or if 
105.3   the voter has no current and valid Minnesota driver's license or 
105.4   Minnesota state identification, the last four digits of the 
105.5   voter's Social Security number; and voter's signature.  The 
105.6   registration application may include the voter's e-mail address, 
105.7   if provided by the voter, and the voter's interest in serving as 
105.8   an election judge, if indicated by the voter.  The application 
105.9   must also contain the following certification of voter 
105.10  eligibility: 
105.11     "I certify that I: 
105.12     (1) will be at least 18 years old on election day; 
105.13     (2) am a citizen of the United States; 
105.14     (3) will have resided in Minnesota for 20 days immediately 
105.15  preceding election day; 
105.16     (4) maintain residence at the address given on the 
105.17  registration form; 
105.18     (5) am not under court-ordered guardianship of the person 
105.19  where I have not retained the right to vote; 
105.20     (6) have not been found by a court to be legally 
105.21  incompetent to vote; 
105.22     (7) have not been convicted of a felony without having my 
105.23  civil rights restored; and 
105.24     (8) have read and understand the following statement:  that 
105.25  giving false information is a felony punishable by not more than 
105.26  five years imprisonment or a fine of not more than $10,000, or 
105.27  both." 
105.28     The certification must include boxes for the voter to 
105.29  respond to the following questions:  
105.30     "(1) Are you a citizen of the United States?" and 
105.31     "(2) Will you be 18 years old on or before election day?" 
105.32     And the instruction: 
105.33     "If you checked 'no' to either of these questions, do not 
105.34  complete this form." 
105.35     The form of the voter registration application and the 
105.36  certification of voter eligibility must be as provided in this 
106.1   subdivision and approved by the secretary of state.  Voter 
106.2   registration forms authorized by the National Voter Registration 
106.3   Act may also be accepted as valid. 
106.4      An individual may use a voter registration application to 
106.5   apply to register to vote in Minnesota or to change information 
106.6   on an existing registration. 
106.7      Sec. 5.  Minnesota Statutes 2004, section 201.15, 
106.8   subdivision 1, is amended to read: 
106.9      Subdivision 1.  [GUARDIANSHIPS AND INCOMPETENTS.] Pursuant 
106.10  to the Help America Vote Act of 2002, Public Law 107-252, the 
106.11  state court administrator shall report monthly by electronic 
106.12  means to the secretary of state the name, address, and date of 
106.13  birth of each individual 18 years of age or over, who during the 
106.14  month preceding the date of the report:  
106.15     (a) was placed under a guardianship of the person in which 
106.16  the court order provides that the ward does not retain the right 
106.17  to vote; or 
106.18     (b) was adjudged legally incompetent. 
106.19     The court administrator shall also report the same 
106.20  information for each individual transferred to the jurisdiction 
106.21  of the court who meets a condition specified in clause (a) or 
106.22  (b).  The secretary of state shall determine if any of the 
106.23  persons in the report is registered to vote and shall prepare a 
106.24  list of those registrants for the county auditor.  The county 
106.25  auditor shall change the status on the record in the statewide 
106.26  registration system of any individual named in the report to 
106.27  indicate that the individual is not eligible to reregister or 
106.28  vote. 
106.29     Sec. 6.  Minnesota Statutes 2004, section 204B.10, 
106.30  subdivision 6, is amended to read: 
106.31     Subd. 6.  [INELIGIBLE VOTER.] Upon receipt of a certified 
106.32  copy of a final judgment or order of a court of competent 
106.33  jurisdiction that a person who has filed an affidavit of 
106.34  candidacy or who has been nominated by petition: 
106.35     (1) has been convicted of treason or a felony and the 
106.36  person's civil rights have not been restored; 
107.1      (2) is under guardianship of the person; or 
107.2      (3) has been found by a court of law to be legally 
107.3   incompetent; 
107.4   the filing officer shall notify the person by certified mail at 
107.5   the address shown on the affidavit or petition, and shall not 
107.6   certify the person's name to be placed on the ballot.  The 
107.7   actions of a filing officer under this subdivision are subject 
107.8   to judicial review under section 204B.44. 
107.9      Sec. 7.  Minnesota Statutes 2004, section 246.01, is 
107.10  amended to read: 
107.11     246.01 [POWERS AND DUTIES.] 
107.12     The commissioner of human services is hereby specifically 
107.13  constituted the guardian of both the estate and person of all 
107.14  persons with mental retardation, the guardianship of whom has 
107.15  heretofore been vested in the State Board of Control or in the 
107.16  director of social welfare whether by operation of law or by an 
107.17  order of court without any further act or proceeding, and all 
107.18  the powers and duties vested in or imposed upon the State Board 
107.19  of Control or the director of social welfare, with reference to 
107.20  mental testing of persons with mental retardation, and with 
107.21  reference to the institutions of the state of Minnesota except 
107.22  correctional facilities administered and managed by the 
107.23  commissioner of corrections, are hereby transferred to, vested 
107.24  in, and imposed upon the commissioner of human services, and in 
107.25  relation thereto is hereby charged with and shall have the 
107.26  exclusive power of administration and management of all of the 
107.27  following state institutions:  state hospitals for persons with 
107.28  mental retardation, mental illness, or chemical dependency.  The 
107.29  commissioner shall have power and authority to determine all 
107.30  matters relating to the unified and continuous development of 
107.31  all of the foregoing institutions and of such other 
107.32  institutions, the supervision of which may, from time to time, 
107.33  be vested in the commissioner.  It is intended that there be 
107.34  vested in the commissioner all of the powers, functions, and 
107.35  authority heretofore vested in the State Board of Control 
107.36  relative to such state institutions.  The commissioner shall 
108.1   have the power and authority to accept, in behalf of the state, 
108.2   contributions and gifts of money and personal property for the 
108.3   use and benefit of the residents of the public institutions 
108.4   under the commissioner's control, and all money and securities 
108.5   so received shall be deposited in the state treasury subject to 
108.6   the order of the commissioner of human services.  If the gift or 
108.7   contribution is designated by the donor for a certain 
108.8   institution or purpose, the commissioner of human services shall 
108.9   expend or use the same as nearly as may be in accordance with 
108.10  the conditions of the gift or contribution, compatible with the 
108.11  best interests of the inmates and the state.  The commissioner 
108.12  of human services is hereby constituted the "state agency" as 
108.13  defined by the Social Security Act of the United States and the 
108.14  laws of this state for all purposes relating to mental health 
108.15  and mental hygiene. 
108.16     For the purpose of carrying out these duties, the 
108.17  commissioner of human services shall accept from wards with 
108.18  mental retardation for whom the commissioner is specifically 
108.19  appointed guardian a signed application for consent to the 
108.20  marriage of said ward.  Upon receipt of such application the 
108.21  commissioner shall promptly conduct such investigation as the 
108.22  commissioner deems proper and determine if the contemplated 
108.23  marriage is for the best interest of the ward and the public.  A 
108.24  signed copy of the commissioner's determination shall be mailed 
108.25  to the ward and to the court administrator of the district court 
108.26  of the county where the application for such marriage license 
108.27  was made. 
108.28     There is hereby appropriated to such persons or 
108.29  institutions as are entitled to such sums as are provided for in 
108.30  this section, from the fund or account in the state treasury to 
108.31  which the money was credited, an amount sufficient to make such 
108.32  payment. 
108.33     Sec. 8.  Minnesota Statutes 2004, section 252A.03, 
108.34  subdivision 1, is amended to read: 
108.35     Subdivision 1.  [NOMINATION OF GUARDIAN OR CONSERVATOR.] 
108.36  The commissioner may be nominated in a sworn written request by 
109.1   any one of the following to act as guardian or conservator for 
109.2   any mentally retarded person: 
109.3      (a) An interested person; 
109.4      (b) The guardian or conservator of the person of the 
109.5   mentally retarded person to act as successor; 
109.6      (c) The mentally retarded person. 
109.7      Sec. 9.  Minnesota Statutes 2004, section 252A.03, 
109.8   subdivision 4, is amended to read: 
109.9      Subd. 4.  [ALTERNATIVES.] Public guardianship or 
109.10  conservatorship may be imposed only when no acceptable, less 
109.11  restrictive form of guardianship or conservatorship is 
109.12  available.  The commissioner shall seek parents, near relatives, 
109.13  and other interested persons to assume private guardianship for 
109.14  persons with developmental disabilities who are currently under 
109.15  public guardianship.  If a person seeks to become a private 
109.16  guardian or conservator, costs to the person may be reimbursed 
109.17  under section 525.703, subdivision 3, paragraph (b) 524.5-502.  
109.18  The commissioner must provide technical assistance to parents, 
109.19  near relatives, and interested persons seeking to become private 
109.20  guardians or conservators. 
109.21     Sec. 10.  Minnesota Statutes 2004, section 252A.101, 
109.22  subdivision 1, is amended to read: 
109.23     Subdivision 1.  [GENERAL.] Except as otherwise provided in 
109.24  this section, section 525.551, subdivisions 1 to 4, sections 
109.25  524.5-101 to 524.5-502 apply to public guardianship hearings. 
109.26     Sec. 11.  Minnesota Statutes 2004, section 252A.101, 
109.27  subdivision 5, is amended to read: 
109.28     Subd. 5.  [FINDINGS.] (a) In all cases the court shall make 
109.29  specific written findings of fact, conclusions of law, and 
109.30  direct entry of an appropriate judgment or order.  The court 
109.31  shall order the appointment of the commissioner as guardian or 
109.32  conservator if it finds that: 
109.33     (1) the proposed ward or conservatee is a mentally retarded 
109.34  person as defined in section 252A.02, subdivision 2; 
109.35     (2) the proposed ward or conservatee is incapable of 
109.36  exercising specific legal rights, which must be enumerated in 
110.1   its findings; 
110.2      (3) the proposed ward or conservatee is in need of the 
110.3   supervision and protection of a guardian or conservator; and 
110.4      (4) no appropriate alternatives to public guardianship or 
110.5   public conservatorship exist that are less restrictive of the 
110.6   person's civil rights and liberties, such as appointing a 
110.7   guardian or conservator under sections 525.539 524.5-101 to 
110.8   525.705 524.5-502. 
110.9      (b) The court shall grant the specific powers that are 
110.10  necessary for the commissioner to act as public guardian or 
110.11  conservator on behalf of the ward or conservatee. 
110.12     Sec. 12.  Minnesota Statutes 2004, section 253B.23, 
110.13  subdivision 2, is amended to read: 
110.14     Subd. 2.  [LEGAL RESULTS OF COMMITMENT STATUS.] (a) Except 
110.15  as otherwise provided in this chapter and in sections 246.15 and 
110.16  246.16, no person by reason of commitment or treatment pursuant 
110.17  to this chapter shall be deprived of any legal right, including 
110.18  but not limited to the right to dispose of property, sue and be 
110.19  sued, execute instruments, make purchases, enter into 
110.20  contractual relationships, vote, and hold a driver's license.  
110.21  Commitment or treatment of any patient pursuant to this chapter 
110.22  is not a judicial determination of legal incompetency except to 
110.23  the extent provided in section 253B.03, subdivision 6.  
110.24     (b) Proceedings for determination of legal incompetency and 
110.25  the appointment of a guardian for a person subject to commitment 
110.26  under this chapter may be commenced before, during, or after 
110.27  commitment proceedings have been instituted and may be conducted 
110.28  jointly with the commitment proceedings.  The court shall notify 
110.29  the head of the treatment facility to which the patient is 
110.30  committed of a finding that the patient is incompetent.  
110.31     (c) Where the person to be committed is a minor or owns 
110.32  property of value and it appears to the court that the person is 
110.33  not competent to manage a personal estate, the court shall 
110.34  appoint a general or special guardian or conservator of the 
110.35  person's estate for the person or a conservator of the person's 
110.36  estate as provided by law. 
111.1      Sec. 13.  Minnesota Statutes 2004, section 256.93, 
111.2   subdivision 1, is amended to read: 
111.3      Subdivision 1.  [LIMITATIONS.] In any case where the 
111.4   guardianship of the person of any mentally retarded, 
111.5   handicapped, dependent, neglected or delinquent child, or a 
111.6   child born to a mother who was not married to the child's father 
111.7   when the child was conceived nor when the child was born, has 
111.8   been committed to the commissioner of human services, and in any 
111.9   case where the guardianship or conservatorship of the person of 
111.10  any person with mental retardation has been committed to the 
111.11  commissioner of human services, the court having jurisdiction of 
111.12  the estate may on such notice as the court may direct, authorize 
111.13  the commissioner to take possession of the personal property in 
111.14  the estate, liquidate it, and hold the proceeds in trust for the 
111.15  ward, to be invested, expended and accounted for as provided by 
111.16  sections 256.88 to 256.92.  
111.17     Sec. 14.  Minnesota Statutes 2004, section 257B.08, is 
111.18  amended to read: 
111.19     257B.08 [CONFLICTING DOCUMENTS.] 
111.20     If a parent has appointed a testamentary guardian of the 
111.21  person or estate of children by will under chapter 529 and there 
111.22  is a conflict between the designation in the will and a duly 
111.23  executed standby custodian designation, the document latest in 
111.24  date of execution prevails. 
111.25     Sec. 15.  Minnesota Statutes 2004, section 259.21, 
111.26  subdivision 4, is amended to read: 
111.27     Subd. 4.  [GUARDIAN.] "Guardian" means a guardian of the 
111.28  person of the ward appointed by a court of competent 
111.29  jurisdiction.  
111.30     Sec. 16.  Minnesota Statutes 2004, section 260C.101, 
111.31  subdivision 2, is amended to read: 
111.32     Subd. 2.  [JURISDICTION OVER OTHER MATTERS RELATING TO 
111.33  CHILDREN.] Except as provided in clause (d), the juvenile court 
111.34  has original and exclusive jurisdiction in proceedings 
111.35  concerning: 
111.36     (a) The termination of parental rights to a child in 
112.1   accordance with the provisions of sections 260C.301 to 260C.328. 
112.2      (b) The appointment and removal of a juvenile court 
112.3   guardian of the person for a child, where parental rights have 
112.4   been terminated under the provisions of sections 260C.301 to 
112.5   260C.328. 
112.6      (c) Judicial consent to the marriage of a child when 
112.7   required by law. 
112.8      (d) The juvenile court in those counties in which the judge 
112.9   of the probate-juvenile court has been admitted to the practice 
112.10  of law in this state shall proceed under the laws relating to 
112.11  adoptions in all adoption matters.  In those counties in which 
112.12  the judge of the probate-juvenile court has not been admitted to 
112.13  the practice of law in this state the district court shall 
112.14  proceed under the laws relating to adoptions in all adoption 
112.15  matters. 
112.16     (e) The review of the foster care status of a child who has 
112.17  been placed in a residential facility, as defined in section 
112.18  260C.212, subdivision 1, pursuant to a voluntary release by the 
112.19  child's parent or parents.  
112.20     Sec. 17.  Minnesota Statutes 2004, section 302A.011, 
112.21  subdivision 16, is amended to read: 
112.22     Subd. 16.  [LEGAL REPRESENTATIVE.] "Legal representative"  
112.23  means a person empowered to act for another person, including, 
112.24  but not limited to, an agent, officer, partner, or associate of, 
112.25  an organization; a trustee of a trust; a personal 
112.26  representative; an executor of a will; an administrator of an 
112.27  estate; a trustee in bankruptcy; and a receiver, guardian, 
112.28  custodian, or conservator of the a person or estate of a 
112.29  person a person's estate.  
112.30     Sec. 18.  Minnesota Statutes 2004, section 303.03, is 
112.31  amended to read: 
112.32     303.03 [FOREIGN CORPORATIONS MUST HAVE CERTIFICATE OF 
112.33  AUTHORITY.] 
112.34     No foreign corporation shall transact business in this 
112.35  state unless it holds a certificate of authority so to do; and 
112.36  no foreign corporation whose certificate of authority has been 
113.1   revoked or canceled pursuant to the provisions of this chapter 
113.2   shall be entitled to obtain a certificate of authority except in 
113.3   accordance with the provisions of section 303.19.  This section 
113.4   does not establish standards for those activities that may 
113.5   subject a foreign corporation to taxation under section 290.015 
113.6   and to the reporting requirements of section 290.371.  Without 
113.7   excluding other activities which may not constitute transacting 
113.8   business in this state, and subject to the provisions of 
113.9   sections 5.25 and 543.19, a foreign corporation shall not be 
113.10  considered to be transacting business in this state for the 
113.11  purposes of this chapter solely by reason of carrying on in this 
113.12  state any one or more of the following activities:  
113.13     (a) maintaining or defending any action or suit or any 
113.14  administrative or arbitration proceeding, or effecting the 
113.15  settlement thereof or the settlement of claims or disputes; 
113.16     (b) holding meetings of its directors or shareholders or 
113.17  carrying on other activities concerning its internal affairs; 
113.18     (c) maintaining bank accounts; 
113.19     (d) maintaining offices or agencies for the transfer, 
113.20  exchange, and registration of its securities, or appointing and 
113.21  maintaining trustees or depositaries with relation to its 
113.22  securities; 
113.23     (e) holding title to and managing real or personal 
113.24  property, or any interest therein, situated in this state, as 
113.25  executor of the will or administrator of the estate of any 
113.26  decedent, as trustee of any trust, or as guardian or conservator 
113.27  of the person or estate, or both, of any person or conservator 
113.28  of any person's estate; 
113.29     (f) making, participating in, or investing in loans or 
113.30  creating, as borrower or lender, or otherwise acquiring 
113.31  indebtedness or mortgages or other security interests in real or 
113.32  personal property; 
113.33     (g) securing or collecting its debts or enforcing any 
113.34  rights in property securing them; or 
113.35     (h) conducting an isolated transaction completed within a 
113.36  period of 30 days and not in the course of a number of repeated 
114.1   transactions of like nature.  
114.2      Sec. 19.  Minnesota Statutes 2004, section 303.25, 
114.3   subdivision 1, is amended to read: 
114.4      Subdivision 1.  [APPOINTMENTS.] Any foreign trust 
114.5   association may accept appointment and act as executor of the 
114.6   will or administrator of the estate of any decedent who was a 
114.7   resident of this state at the time of death, as trustee of any 
114.8   trust created by a resident of this state by will or otherwise, 
114.9   and as guardian or conservator of the person or estate, or both, 
114.10  of any resident of this state or conservator of the resident's 
114.11  estate, if banking or trust associations or corporations 
114.12  organized under the laws of this state or national banking 
114.13  associations maintaining their principal offices in this state 
114.14  are permitted to act as executors, administrators, trustees, 
114.15  guardians, or conservators in the state in which the foreign 
114.16  trust association maintains its principal office.  Any foreign 
114.17  trust association may accept appointment and act as executor of 
114.18  the will or administrator of the estate of a decedent, who was a 
114.19  resident of the state in which the foreign trust association 
114.20  maintains its principal office at the time of death, in 
114.21  ancillary probate proceedings in this state, as trustee of any 
114.22  trust created by the decedent by will or otherwise of property 
114.23  situated in this state, and as guardian or conservator in 
114.24  ancillary proceedings in this state with respect to the property 
114.25  of a resident of the other state if banking or trust 
114.26  associations or corporations organized under the laws of this 
114.27  state and national banking associations maintaining their 
114.28  principal offices in this state are permitted to act as 
114.29  executors, administrators, trustees, guardians, or conservators 
114.30  in the state in which the foreign trust association maintains 
114.31  its principal office. 
114.32     Sec. 20.  Minnesota Statutes 2004, section 322B.03, 
114.33  subdivision 27, is amended to read: 
114.34     Subd. 27.  [LEGAL REPRESENTATIVE.] "Legal representative" 
114.35  means a person empowered to act for another person, including, 
114.36  but not limited to, an agent, manager, partner, or associate, of 
115.1   an organization; a trustee of a trust; a personal 
115.2   representative; an executor of a will; an administrator of an 
115.3   estate; a trustee in bankruptcy; and a receiver, guardian, 
115.4   custodian, or conservator of the a person or estate of a person 
115.5   a person's estate. 
115.6      Sec. 21.  Minnesota Statutes 2004, section 501B.18, is 
115.7   amended to read: 
115.8      501B.18 [ORDER FOR HEARING.] 
115.9      Upon the filing of a petition under section 501B.16, the 
115.10  court shall, by order, fix a time and place for a hearing, 
115.11  unless notice and hearing have been waived in writing by the 
115.12  beneficiaries of the trust then in being.  Unless waived, notice 
115.13  of the hearing must be given as follows:  (1) by publishing, at 
115.14  least 20 days before the date of the hearing, a copy of the 
115.15  order for hearing one time in a legal newspaper for the county 
115.16  in which the petition is filed; and (2) by mailing, at least 15 
115.17  days before the date of the hearing, a copy of the order for 
115.18  hearing to those beneficiaries of the trust who are known to or 
115.19  reasonably ascertainable by the petitioner.  In the case of a 
115.20  beneficiary who is a minor or an incapacitated person as defined 
115.21  in section 525.54 524.5-102 and for whom a conservator, 
115.22  guardian, or guardian ad litem known to the petitioner has been 
115.23  appointed, notice must be mailed to that fiduciary.  Notice may 
115.24  be given in any other manner the court orders. 
115.25     Sec. 22.  Minnesota Statutes 2004, section 501B.19, is 
115.26  amended to read: 
115.27     501B.19 [REPRESENTATION OF PERSONS WHO ARE UNBORN, 
115.28  UNASCERTAINED, UNKNOWN, OR MINORS OR INCAPACITATED PERSONS.] 
115.29     If an interested person is a minor or an incapacitated 
115.30  person as defined in section 525.54 524.5-102 and has no 
115.31  guardian or conservator within the state, or if an interested 
115.32  person is unborn, unascertained, or a person whose identity or 
115.33  address is unknown to the petitioner, the court shall represent 
115.34  that person, unless the court, upon the application of the 
115.35  trustee or any other interested person, appoints a guardian ad 
115.36  litem to represent the person. 
116.1      Sec. 23.  Minnesota Statutes 2004, section 525.9212, is 
116.2   amended to read: 
116.3      525.9212 [MAKING, REVOKING, AND OBJECTING TO ANATOMICAL 
116.4   GIFTS, BY OTHERS.] 
116.5      (a) Any member of the following classes of persons, in the 
116.6   order of priority listed, may make an anatomical gift of all or 
116.7   a part of the decedent's body for an authorized purpose, unless 
116.8   the decedent has made a refusal to make that anatomical gift 
116.9   that is unrevoked at the time of death: 
116.10     (1) the spouse of the decedent; 
116.11     (2) an adult son or daughter of the decedent; 
116.12     (3) either parent of the decedent; 
116.13     (4) an adult brother or sister of the decedent; 
116.14     (5) a grandparent of the decedent; and 
116.15     (6) a guardian or conservator of the person of the decedent 
116.16  at the time of death or a health care agent or proxy appointed 
116.17  by the decedent under a health care directive as defined in 
116.18  section 145C.01, a living will under chapter 145B, or other 
116.19  similar document executed in another state and enforceable under 
116.20  the laws of this state. 
116.21     (b) An anatomical gift may not be made by a person listed 
116.22  in paragraph (a) if: 
116.23     (1) a person in a prior class is available at the time of 
116.24  death to make an anatomical gift; 
116.25     (2) the person proposing to make an anatomical gift knows 
116.26  of a refusal or contrary indications by the decedent; or 
116.27     (3) the person proposing to make an anatomical gift knows 
116.28  of an objection to making an anatomical gift by a member of the 
116.29  person's class or a prior class. 
116.30     (c) An anatomical gift by a person authorized under 
116.31  paragraph (a) must be made by (i) a document of gift signed by 
116.32  the person, or (ii) the person's telegraphic, recorded 
116.33  telephonic, or other recorded message, or other form of 
116.34  communication from the person that is contemporaneously reduced 
116.35  to writing and signed by the recipient. 
116.36     (d) An anatomical gift by a person authorized under 
117.1   paragraph (a) may be revoked by any member of the same or a 
117.2   prior class if, before procedures have begun for the removal of 
117.3   a part from the body of the decedent, the physician, surgeon, 
117.4   technician, or enucleator removing the part knows of the 
117.5   revocation. 
117.6      (e) A failure to make a decision as to an anatomical gift 
117.7   under paragraph (a) is not an objection to the making of an 
117.8   anatomical gift. 
117.9      Sec. 24.  Minnesota Statutes 2004, section 525.95, 
117.10  subdivision 1, is amended to read: 
117.11     Subdivision 1.  [DEFINITIONS.] The definitions in this 
117.12  subdivision apply to this section. 
117.13     (a) "War service" includes the following, during a period 
117.14  when the United States is engaged in war or other major military 
117.15  engagement with a foreign nation: 
117.16     (1) active membership in the military forces of the United 
117.17  States or any of its allies; 
117.18     (2) acceptance for membership in the military forces of the 
117.19  United States or any of its allies and awaiting induction into 
117.20  that service; 
117.21     (3) participation in work abroad in connection with a 
117.22  governmental agency of the United States or any of its allies, 
117.23  with the Red Cross, or with a similar service; 
117.24     (4) internment by an enemy or absence from the United 
117.25  States and inability to return; and 
117.26     (5) service arising out of or in connection with the war or 
117.27  other major military engagement, which in the opinion of the 
117.28  court prevents the fiduciary from giving the proper attention to 
117.29  duties. 
117.30     (b) "Fiduciary" refers to a trustee of a testamentary trust 
117.31  or of an express trust, a guardian of a person or conservator of 
117.32  the person or estate of a person person's estate, an executor of 
117.33  a will, an administrator of the estate of the decedent, a 
117.34  custodian under the Minnesota Uniform Transfers to Minors Act, 
117.35  or an advisor or consultant in a testamentary or express trust. 
117.36     Sec. 25.  Minnesota Statutes 2004, section 527.38, is 
118.1   amended to read: 
118.2      527.38 [RENUNCIATION, RESIGNATION, DEATH, OR REMOVAL OF 
118.3   CUSTODIAN; DESIGNATION OF SUCCESSOR CUSTODIAN.] 
118.4      (a) A person nominated under section 527.23 or designated 
118.5   under section 527.29 as custodian may decline to serve by 
118.6   delivering a valid disclaimer to the person who made the 
118.7   nomination or to the transferor or the transferor's legal 
118.8   representative.  If the event giving rise to a transfer has not 
118.9   occurred and no substitute custodian able, willing, and eligible 
118.10  to serve was nominated under section 527.23, the person who made 
118.11  the nomination may nominate a substitute custodian under section 
118.12  527.23; otherwise the transferor or the transferor's legal 
118.13  representative shall designate a substitute custodian at the 
118.14  time of the transfer, in either case from among the persons 
118.15  eligible to serve as custodian for that kind of property under 
118.16  section 527.29, paragraph (a).  The custodian so designated has 
118.17  the rights of a successor custodian.  
118.18     (b) A custodian at any time may designate a trust company 
118.19  or an adult other than a transferor under section 527.24 as 
118.20  successor custodian by executing and dating an instrument of 
118.21  designation before a subscribing witness other than the 
118.22  successor.  If the instrument of designation does not contain or 
118.23  is not accompanied by the resignation of the custodian, the 
118.24  designation of the successor does not take effect until the 
118.25  custodian resigns, dies, becomes incapacitated, or is removed.  
118.26     (c) A custodian may resign at any time by delivering 
118.27  written notice to the minor if the minor has attained the age of 
118.28  14 years and to the successor custodian and by delivering the 
118.29  custodial property to the successor custodian.  
118.30     (d) If a custodian is ineligible, dies, or becomes 
118.31  incapacitated without having effectively designated a successor 
118.32  and the minor has attained the age of 14 years, the minor may 
118.33  designate as successor custodian, in the manner prescribed in 
118.34  paragraph (b), an adult member of the minor's family, a 
118.35  conservator of the minor, or a trust company.  If the minor has 
118.36  not attained the age of 14 years or fails to act within 60 days 
119.1   after the ineligibility, death, or incapacity, the conservator 
119.2   of the minor becomes successor custodian.  If the minor has no 
119.3   conservator or the conservator declines to act, the transferor, 
119.4   the legal representative of the transferor or of the custodian, 
119.5   an adult member of the minor's family, or any other interested 
119.6   person may petition the court to designate a successor custodian.
119.7      (e) A custodian who declines to serve under paragraph (a) 
119.8   or resigns under paragraph (c), or the legal representative of a 
119.9   deceased or incapacitated custodian, as soon as practicable, 
119.10  shall put the custodial property and records in the possession 
119.11  and control of the successor custodian.  The successor custodian 
119.12  by action may enforce the obligation to deliver custodial 
119.13  property and records and becomes responsible for each item as 
119.14  received.  
119.15     (f) A transferor, the legal representative of a transferor, 
119.16  an adult member of the minor's family, a guardian of the person 
119.17  of the minor, the conservator of the minor minor's estate, or 
119.18  the minor if the minor has attained the age of 14 years may 
119.19  petition the court to remove the custodian for cause and to 
119.20  designate a successor custodian other than a transferor under 
119.21  section 527.24 or to require the custodian to give appropriate 
119.22  bond.  
119.23     Sec. 26.  Minnesota Statutes 2004, section 527.39, is 
119.24  amended to read: 
119.25     527.39 [ACCOUNTING BY AND DETERMINATION OF LIABILITY OF 
119.26  CUSTODIAN.] 
119.27     (a) A minor who has attained the age of 14 years, the 
119.28  minor's guardian of the person or legal representative, an adult 
119.29  member of the minor's family, a transferor, or a transferor's 
119.30  legal representative may petition the court (i) for an 
119.31  accounting by the custodian or the custodian's legal 
119.32  representative; or (ii) for a determination of responsibility, 
119.33  as between the custodial property and the custodian personally, 
119.34  for claims against the custodial property unless the 
119.35  responsibility has been adjudicated in an action under section 
119.36  527.37 to which the minor or the minor's legal representative 
120.1   was a party.  
120.2      (b) A successor custodian may petition the court for an 
120.3   accounting by the predecessor custodian.  
120.4      (c) The court, in a proceeding under this chapter or in any 
120.5   other proceeding, may require or permit the custodian or the 
120.6   custodian's legal representative to account.  
120.7      (d) If a custodian is removed under section 527.38, 
120.8   paragraph (f), the court shall require an accounting and order 
120.9   delivery of the custodial property and records to the successor 
120.10  custodian and the execution of all instruments required for 
120.11  transfer of the custodial property.  
120.12     Sec. 27.  Minnesota Statutes 2004, section 529.12, is 
120.13  amended to read: 
120.14     529.12 [DECLINATION, RESIGNATION, INCAPACITY, DEATH, OR 
120.15  REMOVAL OF CUSTODIAL TRUSTEE; DESIGNATION OF SUCCESSOR CUSTODIAL 
120.16  TRUSTEE.] 
120.17     (a) Before accepting the custodial trust property, a person 
120.18  designated as custodial trustee may decline to serve by 
120.19  notifying the person who made the designation, the transferor, 
120.20  or the transferor's legal representative.  If an event giving 
120.21  rise to a transfer has not occurred, the substitute custodial 
120.22  trustee designated under section 529.03 becomes the custodial 
120.23  trustee, or, if a substitute custodial trustee has not been 
120.24  designated, the person who made the designation may designate a 
120.25  substitute custodial trustee pursuant to section 529.03.  In 
120.26  other cases, the transferor or the transferor's legal 
120.27  representative may designate a substitute custodial trustee. 
120.28     (b) A custodial trustee who has accepted the custodial 
120.29  trust property may resign by (i) delivering written notice to a 
120.30  successor custodial trustee, if any, the beneficiary and, if the 
120.31  beneficiary is incapacitated, to the beneficiary's conservator, 
120.32  if any, and (ii) transferring or registering, or recording an 
120.33  appropriate instrument relating to, the custodial trust 
120.34  property, in the name of, and delivering the records to, the 
120.35  successor custodial trustee identified under subsection (c). 
120.36     (c) If a custodial trustee or successor custodial trustee 
121.1   is ineligible, resigns, dies, or becomes incapacitated, the 
121.2   successor designated under section 529.02, subsection (g), or 
121.3   529.03 becomes custodial trustee.  If there is no effective 
121.4   provision for a successor, the beneficiary, if not 
121.5   incapacitated, or the holder of the beneficiary's power of 
121.6   attorney, may designate a successor custodial trustee. 
121.7      (d) If a successor custodial trustee is not designated 
121.8   pursuant to subsection (c), the transferor, the legal 
121.9   representative of the transferor or of the custodial trustee, an 
121.10  adult member of the beneficiary's family, the conservator of the 
121.11  beneficiary, a person interested in the custodial trust 
121.12  property, or a person interested in the welfare of the 
121.13  beneficiary, may petition the court to designate a successor 
121.14  custodial trustee in accordance with the procedures set forth in 
121.15  sections 501B.16 to 501B.25. 
121.16     (e) A custodial trustee who declines to serve or resigns, 
121.17  or the legal representative of a deceased or incapacitated 
121.18  custodial trustee, as soon as practicable, shall put the 
121.19  custodial trust property and records in the possession and 
121.20  control of the successor custodial trustee.  The successor 
121.21  custodial trustee may enforce the obligation to deliver 
121.22  custodial trust property and records and becomes responsible for 
121.23  each item as received. 
121.24     (f) A beneficiary, the beneficiary's conservator, an adult 
121.25  member of the beneficiary's family, a guardian of the person of 
121.26  the beneficiary, a person interested in the custodial trust 
121.27  property, or a person interested in the welfare of the 
121.28  beneficiary, may petition the court to remove the custodial 
121.29  trustee for cause and designate a successor custodial trustee, 
121.30  to require the custodial trustee to furnish a bond or other 
121.31  security for the faithful performance of fiduciary duties, or 
121.32  for other appropriate relief. 
121.33     Sec. 28.  Minnesota Statutes 2004, section 540.18, 
121.34  subdivision 1, is amended to read: 
121.35     Subdivision 1.  [LIABILITY RULE.] The parent or guardian of 
121.36  the person of a minor who is under the age of 18 and who is 
122.1   living with the parent or guardian and who willfully or 
122.2   maliciously causes injury to any person or damage to any 
122.3   property is jointly and severally liable with such minor for 
122.4   such injury or damage to an amount not exceeding $1,000, if such 
122.5   minor would have been liable for such injury or damage if the 
122.6   minor had been an adult. Nothing in this subdivision shall be 
122.7   construed to relieve such minor from personal liability for such 
122.8   injury or damage.  The liability provided in this subdivision is 
122.9   in addition to and not in lieu of any other liability which may 
122.10  exist at law.  Recovery under this section shall be limited to 
122.11  special damages. 
122.12     Sec. 29.  [REVISOR'S INSTRUCTION.] 
122.13     The Revisor of Statutes shall change the references to 
122.14  Minnesota Statutes in the following Minnesota Rules parts from 
122.15  the repealed section number in column A to the current section 
122.16  number in column B. 
122.17                          Column A            Column B
122.18  Minnesota Rules Part  Obsolete Reference  Current Reference
122.19  3400.0020,            525.615; 525.6165   524.5-201;
122.20  subp. 31b                                 524.5-202;
122.21                                            524.5-204
122.22  9520.0902, subp. 26   525.619             524.5-207;
122.23                                            524.5-209
122.24  9525.0004, subp. 17   524.5-505           524.5-211
122.25  9525.3020, subp. 3    525.54,             524.5-302;
122.26                        subd. 3             524.5-303;
122.27                                            524.5-403
122.28  9525.3025, subp. 7    525.55              524.5-113;         
122.29                                            524.5-303;
122.30                                            524.5-304;
122.31                                            524.5-308;
122.32                                            524.5-404
122.33  9525.3030             525.56              524.5-313;
122.34                                            524.5-417;
122.35                                            524.5-418
122.36  9525.3040, subp. 1    525.56,             524.5-313,
122.37                        subds. 1 to 3       paragraphs (a) to (c)
122.38  9525.3060, subp. 1    525.56, subd. 3     524.5-313,
122.39                                            paragraph (c)
122.40  9525.3060, subp. 1    525.56, subd. 3,    524.5-313,
122.41                        clause (4),         paragraph (c),
122.42                        paragraph (b)       clause (4), item (ii)
122.43  9525.3060, subp. 2    525.56, subd. 3,    524.5-313,
122.44                        clause (4),         paragraph (c),
123.1                         paragraph (c)       clause (4), item (iii)
123.2   9525.3060, subp. 4    525.56, subd. 3,    524.5-313,
123.3                         clause (4),         paragraph (c),
123.4                         paragraph (a)       clause (4), item (i)
123.5   9525.3075, subp. 3    525.57              524.5-107;
123.6                                             524.5-433
123.7   9525.3090, subp. 3    525.60              524.5-112;
123.8                                             524.5-317;
123.9                                             524.5-428;
123.10                                            524.5-431
123.11  9525.0925, subp. 22   525.619             524.5-207;
123.12                                            524.5-209
123.13  9555.5105, subp. 20   525.539 to          524.5-101 to
123.14                        525.6198            524.5-502
123.15  9555.7600             525.539 to          524.5-101 to
123.16                        525.6198            524.5-502
123.17                             ARTICLE 5 
123.18                       RETIREMENT PROVISIONS 
123.19     Section 1.  Minnesota Statutes 2004, section 353.01, 
123.20  subdivision 2, is amended to read: 
123.21     Subd. 2.  [PUBLIC EMPLOYEE.] "Public employee" means a 
123.22  governmental employee performing personal services for a 
123.23  governmental subdivision defined in subdivision 6, whose salary 
123.24  is paid, in whole or in part, from revenue derived from 
123.25  taxation, fees, assessments, or from other sources.  The term 
123.26  includes the classes of persons described or listed in 
123.27  subdivision 2a.  The term also includes persons who elect 
123.28  association membership under subdivision 2d, paragraph (a), and 
123.29  persons for whom the applicable governmental subdivision had 
123.30  elected association membership under subdivision 2d, paragraph 
123.31  (b).  The term also includes full-time employees of the Dakota 
123.32  County Agricultural Society.  The term excludes the classes of 
123.33  persons listed in subdivision 2b for purposes of membership in 
123.34  the association.  
123.35     Sec. 2.  Minnesota Statutes 2004, section 353.34, 
123.36  subdivision 3a, is amended to read: 
123.37     Subd. 3a.  [DEFERRED ANNUITY; CERTAIN HOSPITAL EMPLOYEES.] 
123.38  Any member employed by a public hospital, as defined in 
123.39  section 355.71 355.01, subdivision 3 3k, who has at least three 
123.40  years of allowable service credit on the date the public 
124.1   hospital is taken over by a private corporation or organization, 
124.2   may elect to receive a deferred annuity pursuant to subdivision 
124.3   3 notwithstanding the length of service requirement contained 
124.4   therein.  
124.5      Sec. 3.  Minnesota Statutes 2004, section 356.431, 
124.6   subdivision 1, is amended to read: 
124.7      Subdivision 1.  [LUMP-SUM POSTRETIREMENT PAYMENT 
124.8   CONVERSION.] For benefits paid after December 31, 2001, to 
124.9   eligible persons under sections 356.42 and 356.43, the amount of 
124.10  the most recent lump-sum benefit payable to an eligible 
124.11  recipient under sections 356.86 356.42 and 356.865 356.43 must 
124.12  be divided by 12.  The result must be added to the monthly 
124.13  annuity or benefit otherwise payable to an eligible recipient, 
124.14  must become a permanent part of the benefit recipient's pension, 
124.15  and must be included in any pension benefit subject to future 
124.16  increases. 
124.17     Sec. 4.  [INSTRUCTION TO REVISOR.] 
124.18     The revisor of statutes shall replace the references to 
124.19  Minnesota Statutes, section 356.55 with Minnesota Statutes, 
124.20  section 356.551 in the following sections of Minnesota 
124.21  Statutes:  352.275, subdivision 1; 352B.01, subdivision 3a; 
124.22  353.01, subdivision 16a; 353.666; and 354.533. 
124.23     Sec. 5.  [REPEALER.] 
124.24     Laws 2001, First Special Session chapter 10, article 10, 
124.25  section 1, is repealed.