2000 Minnesota Statutes

CHAPTER 125B. Education and technology

     125B.01 Definitions.  

    For the purpose of this chapter, the terms defined in 
 section 120A.05 have the same meaning.  

    HIST: Ex1959 c 71 art 2 s 1; 1998 c 397 art 11 s 3 

     125B.02 State goals for technological advances in 
  education. 

    The general framework outcomes for technology use in 
 education are: 

    (1) all Minnesota educational institutions, libraries, and 
 communities will have access to local, state, and worldwide 
 instructional resources databases; 

    (2) development of policies and procedures that assure 
 instructional resource availability to help students 
 successfully achieve education excellence and state standards; 

    (3) databases are accessible within each district and on 
 the Internet; and 

    (4) development of policies, procedures, and systems that 
 stimulate and promote teacher and student curriculum and 
 learning collaboration. 

    HIST: 1Sp1995 c 3 art 12 s 2; 1998 c 397 art 1 s 58 

     125B.022 Contracts for computers or related equipment or 
  service. 

    (a) The school board of a school district may not enter 
 into a contract or permit a school within the district to enter 
 into a contract for the use of a computer or related equipment 
 or service that requires advertising to be disseminated to 
 students unless the school board: 

    (1) enters into the contract at a public hearing of the 
 school board; 

    (2) makes a finding that the offered electronic product or 
 service is an integral component of students' education; 

    (3) provides written notice to students' parents that 
 advertising will be used in the classroom, media center, 
 computer lab, or other areas of learning, whether data will be 
 collected on students, and how that data will be used; 

    (4) as part of normal, ongoing district communications with 
 parents, allows parents to request in writing that (i) their 
 student not be exposed to the program that contains the 
 advertising for the current school year, or that (ii) any or all 
 data relating to the student that is collected as a result of 
 this contract is not disclosed; and 

    (5) honors parents' request, under clause (4), that their 
 student not be exposed to the advertising program or that data 
 relating to the student is not disclosed and allows parents to 
 withdraw their request at any time. 

    (b) Advertising under this section does not include: 

    (1) the identification of the source of the document or 
 information; and 

    (2) advertising that is generally available to the public 
 viewing a particular site or application and is not directed 
 specifically to students benefiting from a contract under 
 paragraph (a). 

    HIST: 2000 c 489 art 6 s 7 

     125B.05 State information system. 

    Subdivision 1.    Information system.  The department of 
 children, families, and learning shall develop and maintain a 
 computerized information system for state information needs.  

    Subd. 2.    Purposes.  The purposes of the computerized 
 information system shall be:  

    (a) To provide comparable and accurate educational 
 information in a manner which is timely and economical; 

    (b) To ensure accountability for state appropriations; 

    (c) To collect data to assess the needs of learners and 
 children; 

    (d) To provide school districts with an educational 
 information system capability which will meet school district 
 management needs; and 

    (e) To provide for computerized analysis of educational 
 information to meet the management needs of the state of 
 Minnesota. 

    Subd. 3.    Software development.  A school district, 
 charter school, or cooperative unit may not implement a 
 financial, student, or staff software system until the system 
 has been reviewed by the department to ensure that it provides 
 the required data elements and format. 

    HIST: 1980 c 609 art 7 s 10; 1981 c 193 s 1-3; 1981 c 253 s 
 24; 1981 c 358 art 5 s 2; 1982 c 424 s 130; 1983 c 258 s 24; 
 1Sp1985 c 12 art 7 s 9; 1987 c 258 s 12; 1987 c 384 art 2 s 1; 
 1988 c 486 s 11; 1989 c 329 art 11 s 2-4; 1990 c 562 art 8 s 
 9,10; 1991 c 265 art 9 s 15-17; 1993 c 224 art 6 s 3; 1994 c 465 
 art 2 s 1; 1994 c 647 art 6 s 1; 1Sp1995 c 3 art 9 s 9; art 16 s 
 13; 1998 c 397 art 4 s 51; 1999 c 241 art 5 s 15 

     125B.07 Department duties. 

    Subdivision 1.    Data acquisition calendar.  The 
 department of children, families, and learning shall maintain a 
 current annual data acquisition calendar specifying the reports 
 which districts are required to provide to the department and 
 the dates these reports are due.  

    Subd. 2.    Exemption from chapter 14.  The annual data 
 acquisition calendar and the essential data elements are exempt 
 from the Administrative Procedure Act. 

    Subd. 3.    Data system.  The department shall develop 
 and operate a computerized data system.  The system shall 
 include:  (1) information required by federal or state law or 
 rule; and (2) information needed by the divisions of the 
 department in order to disburse funds, to implement research or 
 special projects approved by the commissioner, and to meet goals 
 or provide information required by the commissioner, the 
 governor, the legislature or the federal government.  

    Subd. 4.    Certification of software vendors.  The 
 commissioner shall maintain a list of certified service 
 providers for administrative data processing software and 
 support.  To be certified, a service provider must provide the 
 commissioner with a written statement identifying software 
 products and support functions that will be provided to school 
 districts and stating its intent to meet state standards for 
 software, data elements, edits, and support services.  The 
 standards must ensure the quality of the data reported to the 
 state.  The commissioner must conduct regular training sessions 
 for service providers on the standards.  If a service provider 
 fails to meet the standards, the commissioner must notify the 
 service provider of areas of noncompliance and assist the 
 service provider in correcting the problem.  If the provider 
 fails to comply with standards within two months of being 
 notified of noncompliance, the commissioner may remove the 
 service provider from the list of certified providers.  The 
 commissioner may recertify a service provider when the 
 commissioner determines that the areas of noncompliance have 
 been corrected. 

    Subd. 5.    Information on certified service providers.  
 The commissioner must include the list of certified service 
 providers in the annual data acquisition calendar.  The 
 commissioner must notify school districts if a service provider 
 is removed from the list and of the areas of noncompliance. 

    Subd. 6.    Essential data.  The department shall 
 maintain a list of essential data elements which must be 
 recorded and stored about each pupil, licensed and nonlicensed 
 staff member, and educational program.  Each school district 
 must provide the essential data to the department in the form 
 and format prescribed by the department. 

    Subd. 7.    Contracting.  The department may provide by 
 contract for the technical support of and the development of 
 applications software by a regional management information 
 center or by any other appropriate provider. 

    HIST: 1980 c 609 art 7 s 11; 1981 c 253 s 25; 1982 c 424 s 
 130; 1987 c 398 art 7 s 14,15; 1991 c 265 art 9 s 18-20; 1992 c 
 499 art 6 s 1,2; 1993 c 224 art 14 s 6; 1Sp1995 c 3 art 9 s 10; 
 art 16 s 13; 1998 c 397 art 4 s 51; 1998 c 398 art 5 s 55 

     125B.09 Department powers and duties delegated. 

    The department may provide, by the delegation of powers and 
 duties or by contract, for the implementation and technical 
 support of a computerized information reporting system, 
 including the development of applications software pursuant to 
 section 125B.05, subdivision 3, by any appropriate provider.  

    HIST: 1980 c 609 art 7 s 12; 1987 c 258 s 3; 1990 c 375 s 3; 
 1991 c 265 art 9 s 21; 1Sp1995 c 3 art 9 s 11; 1998 c 397 art 4 
 s 51; art 11 s 3 

     125B.11 Regional clearinghouses for improving education 
  technology. 

    Subdivision 1.    Establishment.  The commissioner of 
 children, families, and learning shall establish a grant program 
 for regional clearinghouses for school districts.  The grants 
 must be used to upgrade and refurbish computers that are donated 
 to schools and provide opportunities for student involvement.  
 The purposes of the enterprises are to: 

    (1) serve as centers where business or others may donate 
 new or used computer and other technology for use by Minnesota 
 schools; 

    (2) provide an opportunity for students to upgrade donated 
 and existing school-owned computers so that they are capable of 
 being connected to the Internet and local networks; and 

    (3) provide a means of informing schools of available 
 technology and distributing donated and upgraded computers to 
 schools for technology improvements in support of learning.  

    Each clearinghouse must encourage opportunities for 
 students to learn skills, including the technical skills needed 
 to retrofit and upgrade computers.  The clearinghouse shall 
 retain the ability to review equipment for suitability and 
 refuse equipment that does not meet the standards or is not 
 suitable for use in schools.  At a minimum, all donated 
 computers must be suitable for upgrade so that the retrofitted 
 computer can be connected to the Internet and a local computer 
 network. 

    Subd. 2.    Grants.  The commissioner shall establish 
 procedures and develop forms for applying for grants under this 
 section.  The grants may be used to purchase needed technology 
 for upgrading donated computers and other donated technology, 
 for the cost of computer distribution, and for the cost of 
 informing businesses and others about technology donations to 
 the clearinghouse.  The commissioner shall develop guidelines 
 for the use and distribution of any computers donated and 
 upgraded through this grant program.  The commissioner may 
 establish priorities and prorate grants to match appropriations 
 for the grant program. 

    HIST: 1996 c 412 art 12 s 1; 1998 c 397 art 4 s 51 

     125B.15 Internet access for students. 

    (a) Recognizing the difference between school libraries, 
 school computer labs, and school media centers, which serve 
 unique educational purposes, and public libraries, which are 
 designed for public inquiry, all computers at a school site with 
 access to the Internet available for student use must be 
 equipped to restrict, including by use of available software 
 filtering technology or other effective methods, all student 
 access to material that is reasonably believed to be obscene or 
 child pornography or material harmful to minors under federal or 
 state law. 

    (b) A school site is not required to purchase filtering 
 technology if the school site would incur more than incidental 
 expense in making the purchase. 

    (c) A school district receiving technology revenue under 
 section 125B.25 must prohibit, including through use of 
 available software filtering technology or other effective 
 methods, adult access to material that under federal or state 
 law is reasonably believed to be obscene or child pornography. 

    (d) A school district, its agents or employees, are immune 
 from liability for failure to comply with this section if they 
 have made a good faith effort to comply with the requirements of 
 this section. 

    (e) "School site" means an education site as defined in 
 section 123B.04, subdivision 1, or charter school under section 
 124D.10. 

    HIST: 2000 c 489 art 6 s 25 

     125B.20 Telecommunication access grant and statewide 
  coordination. 

    Subdivision 1.    Establishment; purpose.  The purpose 
 of developing a statewide school district telecommunications 
 network is to expand the availability of a broad range of 
 courses and degrees to students throughout the state, to share 
 information resources to improve access, quality, and 
 efficiency, to improve learning, and distance cooperative 
 learning opportunities, and to promote the exchange of ideas 
 among students, parents, teachers, media generalists, 
 librarians, and the public.  In addition, through the 
 development of this statewide telecommunications network 
 emphasizing cost-effective, competitive connections, all 
 Minnesotans will benefit by enhancing access to 
 telecommunications technology throughout the state.  Network 
 connections for school districts and public libraries are 
 coordinated and fully integrated into the existing state 
 telecommunications and interactive television networks to 
 achieve comprehensive and efficient interconnectivity of school 
 districts and libraries to higher education institutions, state 
 agencies, other governmental units, agencies, and institutions 
 throughout Minnesota.  A school district may apply to the 
 commissioner for a grant under subdivision 2, and a regional 
 public library may apply under subdivision 3.  The Minnesota 
 education telecommunications council established in Laws 1995, 
 First Special Session chapter 3, article 12, section 7, shall 
 establish priorities for awarding grants, making grant awards, 
 and being responsible for the coordination of networks. 

    Subd. 2.    School district telecommunications grant.  
 (a) Priority will be given to a school district that has not 
 received access to interactive video, data connection, or both 
 under the telecommunications access grant program.  Districts 
 may apply for a grant under this subdivision to:  (1) establish 
 connections among school districts, and between school districts 
 and the state information infrastructure administered by the 
 department of administration under section 16B.465; or (2) if 
 such a connection meeting minimum electronic connectivity 
 standards is already established, enhance telecommunications 
 capacity for a school district.  A district may submit a grant 
 application for interactive television with higher capacity 
 connections in order to maintain multiple simultaneous 
 connections.  To ensure coordination among school districts, a 
 school district must submit its grant application to the council 
 through the telecommunications access grant cluster of which the 
 district is a member.  

    (b) The application must, at a minimum, contain information 
 to document for each applicant school district the following: 

    (1) that the proposed connection meets the minimum 
 standards and employs an open network architecture that will 
 ensure interconnectivity and interoperability with other 
 education institutions and libraries; 

    (2) that the proposed connection and system will be 
 connected to the state information infrastructure through the 
 department of administration under section 16B.465; 

    (3) that the proposed connection and system will be 
 connected to the higher education telecommunication network and 
 that a governance agreement has been adopted which includes 
 agreements between the school district system, a higher 
 education regional council, libraries, and coordinating 
 entities; 

    (4) the telecommunication vendor selected to provide 
 service from the district to a state information infrastructure 
 hub or to a more cost-effective connection point to the state 
 information infrastructure; and 

    (5) other information, as determined by the commissioner in 
 consultation with the education telecommunications council, to 
 ensure that connections are coordinated, meet state standards 
 and are cost-effective, and that service is provided in an 
 efficient and cost-effective manner. 

    (c) A school district may include, in its grant 
 application, telecommunications access for collaboration with 
 nonprofit arts organizations for the purpose of educational 
 programs, or access for a secondary media center that:  (1) is a 
 member of a multitype library system; (2) is open during periods 
 of the year when classroom instruction is occurring; and (3) has 
 licensed school media staff on site. 

    (d) The Minnesota education telecommunications council 
 shall award grants and the funds shall be dispersed by the 
 commissioner.  Grant applications must be submitted to the 
 commissioner by a telecommunications access grant cluster 
 organization.  For the purposes of the grant, a school district 
 may include a charter school under section 124D.10, or the 
 Minnesota state academies.  Based on the award made by the 
 council, all grants under this subdivision shall be paid by the 
 commissioner directly to a school district (unless this 
 application requests that the funds be paid to the coordinating 
 agency).  Nonpublic schools as defined in section 237.065, 
 subdivision 2, located within the district may access the 
 network.  The nonpublic school is responsible for actual costs 
 for connection from the school to the access site. 

    (e) Money awarded under this section may be used only for 
 the purposes explicitly stated in the grant application. 

    Subd. 3.    Regional library telecommunication grant.  
 (a) A regional public library system may apply for a 
 telecommunication access grant.  Priority will be given to 
 public libraries that have not received access to data 
 connection under the telecommunications access grant program.  
 The grant must be used to create or expand the capacity of 
 electronic data access and connect the library system with the 
 state information infrastructure administered by the department 
 of administration under section 16B.465.  To be eligible for a 
 telecommunications access grant, a regional public library 
 system must meet the level of local support required under 
 section 134.34. 

    (b) Any grant award under this subdivision may not be used 
 to substitute for any existing local funds allocated to provide 
 electronic access, or equipment for library staff or the public, 
 or local funds previously dedicated to other library operations. 

    (c) An application for a regional public library 
 telecommunications access grant must, at a minimum, contain 
 information to document the following: 

    (1) that the connection meets the minimum standards and 
 employs an open network architecture that will ensure 
 interconnectivity and interoperability with other libraries and 
 the educational system; 

    (2) that the connection is being established through the 
 most cost-effective means and that the public library has 
 explored and coordinated connections through school districts or 
 other governmental agencies; 

    (3) that the proposed connection and system will be 
 connected to the state information infrastructure through the 
 department of administration under section 16B.465; 

    (4) that the proposed connection and system will be 
 connected to the higher education and to the school district 
 telecommunication networks subject to a governance agreement 
 with one or more school districts and a higher education 
 regional council specifying how the system will be coordinated; 

    (5) the telecommunication vendor selected to provide 
 service from the library to a state information infrastructure 
 hub or through a more cost-effective connection point to the 
 state information infrastructure; and 

    (6) other information, as determined by the commissioner, 
 to ensure that connections are coordinated, meet state 
 standards, are cost-effective, and that service is provided in 
 an efficient and cost-effective manner so that libraries 
 throughout the state are connected in as seamless a manner as 
 technically possible. 

    Subd. 4.    Award of grants.  The council shall develop 
 application forms and procedures for telecommunication access 
 grants.  The council shall select the grant recipient and shall 
 promptly notify any applicant that is found not to be 
 qualified.  The commissioner shall make the grant payments 
 directly to the school district or regional library system.  At 
 the request of the district or regional library system, the 
 commissioner may make the grant payment directly to the 
 coordinating organization.  

    Subd. 5.    E-rates.  The telecommunication access grant 
 clusters are required to file e-rate applications for 
 telecommunication access grant-related expenditures on behalf of 
 grant participants in their clusters.  Discounts received on 
 telecommunication access grant expenditures shall be used to 
 offset or reduce operations funding provided by the state. 

    HIST: 1Sp1995 c 3 art 12 s 4; 1996 c 412 art 12 s 2,3; 1998 c 
 359 s 17,18; 1998 c 397 art 11 s 3; 1999 c 241 art 2 s 61; art 4 
 s 11 

*   NOTE:  This section is repealed by Laws 1997, First Special 
*Session chapter 4, article 9, section 13, as amended by Laws 
*1999, chapter 241, article 4, section 19, effective July 1, 2001.

     125B.21 Minnesota education telecommunications council. 

    Subdivision 1.    State council membership.  The 
 membership of the Minnesota education telecommunications council 
 established in Laws 1993, First Special Session chapter 2, is 
 expanded to include representatives of elementary and secondary 
 education.  The membership shall consist of three 
 representatives from the University of Minnesota; three 
 representatives of the board of trustees for Minnesota state 
 colleges and universities; one representative of the higher 
 education services offices; one representative appointed by the 
 private college council; one representative selected by the 
 commissioner of administration; eight representatives selected 
 by the commissioner of children, families, and learning, at 
 least one of which must come from each of the six higher 
 education telecommunication regions; a representative from the 
 office of technology; two members each from the senate and the 
 house of representatives selected by the subcommittee on 
 committees of the committee on rules and administration of the 
 senate and the speaker of the house, one member from each body 
 must be a member of the minority party; and three 
 representatives of libraries, one representing regional public 
 libraries, one representing multitype libraries, and one 
 representing community libraries, selected by the governor.  The 
 council shall: 

    (1) develop a statewide vision and plans for the use of 
 distance learning technologies and provide leadership in 
 implementing the use of such technologies; 

    (2) recommend educational policy relating to 
 telecommunications; 

    (3) determine priorities for use; 

    (4) oversee coordination of networks for post-secondary 
 campuses, kindergarten through grade 12 education, and regional 
 and community libraries; 

    (5) review application for telecommunications access grants 
 under Minnesota Statutes, section 125B.20, and recommend to the 
 department grants for funding; 

    (6) determine priorities for grant funding proposals; and 

    (7) work with the information policy office to ensure 
 consistency of the operation of the learning network with 
 standards of an open system architecture. 

    The council shall consult with representatives of the 
 telecommunication industry in implementing this section.  

    Subd. 2.    District council membership.  District 
 organizations that coordinate applications for telecommunication 
 access grants are encouraged to become members of the regional 
 higher education telecommunication council in their area. 

    Subd. 3.    Criteria.  In addition to responsibilities 
 of the council under Laws 1993, First Special Session chapter 2, 
 as amended, the telecommunications council shall evaluate grant 
 applications under section 125B.20 and applications from 
 district organizations using the following criteria: 

    (1) evidence of cooperative arrangements with other 
 post-secondary institutions, school districts, and community and 
 regional libraries in the geographic region; 

    (2) plans for shared classes and programs; 

    (3) avoidance of network duplication; 

    (4) evidence of efficiencies to be achieved in delivery of 
 instruction due to use of telecommunications; 

    (5) a plan for development of a list of all courses 
 available in the region for delivery at a distance; 

    (6) a plan for coordinating and scheduling courses; and 

    (7) a plan for evaluation of costs, access, and outcomes. 

    HIST: 1Sp1995 c 3 art 12 s 7; 1Sp1997 c 4 art 9 s 12; 1998 c 
 270 s 4; 1998 c 359 s 20; 1999 c 241 art 4 s 18,28; 2000 c 489 
 art 10 s 13 

     125B.25 Telecommunications access revenue. 

    Subdivision 1.    Costs to be submitted.  A district 
 shall submit its outstanding ongoing or recurring 
 telecommunications access costs associated with data lines and 
 video links to the department of children, families, and 
 learning.  Costs of telecommunications hardware or equipment 
 must not be included in the costs submitted by districts to the 
 department.  A district may include installation charges 
 associated with new lines or upgraded lines, but may not include 
 costs of hardware or equipment. 

    Subd. 2.    Guaranteed minimum access.  (a) The ongoing 
 or recurring telecommunications access costs submitted to the 
 department by each district under this section are limited to 
 the operation costs equal to the greater of: 

    (1) one data line or video link that relies on a transport 
 medium that operates at a minimum speed of 1.544 megabytes per 
 second for each elementary school, middle school, or high school 
 under section 120A.05, subdivisions 9, 11, and 13; or 

    (2) one data line or video link that relies on a transport 
 medium that operates at a minimum speed of 1.544 megabytes per 
 second for each district. 

    (b) A district may include costs associated with 
 cooperative arrangements with other post-secondary institutions, 
 school districts, and community and regional libraries in its 
 geographic region.  A district may continue to purchase its 
 ongoing or recurring telecommunications access services through 
 existing contracts. 

    Subd. 3.    E-rates.  To be eligible for revenue under 
 this section, a district is required to file an e-rate 
 application either separately or through their 
 telecommunications grant cluster.  Discounts received on 
 telecommunications expenditures shall be used to offset the 
 amount submitted to the department for per pupil revenue under 
 this section. 

    Subd. 4.    Calculation of costs.  By December 15 of 
 each year, the commissioner shall calculate the ongoing or 
 recurring telecommunications access cost per adjusted marginal 
 cost pupil unit submitted by each school district under 
 subdivisions 1 and 2 for the year in which the data is submitted 
 minus the reserved revenue under section 126C.10, subdivision 
 13, paragraph (d).  Districts shall submit their anticipated 
 ongoing or recurring telecommunications access costs, adjusted 
 for any e-rate revenue received to the department based on 
 contracts entered into by the district for that school year.  
 Districts shall also submit their actual telecommunications 
 access costs by August 15 of each year and adjusted for any 
 e-rate revenue received to the department as prescribed by the 
 commissioner. 

    Subd. 5.    District revenue.  A district shall receive 
 an amount equal to the amount as calculated by the commissioner 
 under subdivision 4, times the adjusted marginal cost pupil 
 units for that year, times 65 percent. 

    Subd. 6.    Revenue for charter schools.  (a) Each 
 charter school shall receive revenue equal to the greater of: 

    (1) the per marginal cost pupil unit amount for the 
 district in which the charter school is located as determined by 
 the commissioner according to subdivision 4; or 

    (2) $5; 

 times the adjusted marginal cost pupil units for that year, 
 times 65 percent. 

    (b) A charter school's revenue under this subdivision must 
 be used to pay for ongoing or recurring telecommunication access 
 costs, including access to data lines, video lines, or Internet 
 access. 

    Subd. 7.    Telecommunication access services for 
 nonpublic schools.  (a) Districts shall provide each year upon 
 formal request by or on behalf of a nonpublic school, not 
 including home schools, located in that district or area, 
 ongoing or recurring telecommunication access services to the 
 nonpublic school either through existing district providers or 
 through separate providers. 

    (b) The amount of district revenue for telecommunication 
 access services for each nonpublic school under this subdivision 
 is equal to: 

    (1) $5; plus 

    (2) the per marginal cost pupil unit amount for the 
 district as determined in subdivision 5; times the number of 
 pupils who are enrolled at the nonpublic school as of October 1 
 of the current school year. 

    (c) Each year, a district providing services under 
 paragraph (a) may claim up to five percent of the revenue 
 determined in paragraph (b) for costs of administering this 
 subdivision.  No district may expend an amount for these 
 telecommunication access services which exceeds the amount 
 allocated under this subdivision.  The nonpublic school is 
 responsible for the telecommunications access costs not covered 
 by this section. 

    (d) At the request of a nonpublic school, districts may 
 allocate the amount determined in paragraph (b) directly to the 
 nonpublic school to pay for or offset the nonpublic school's 
 costs for telecommunication access services, however, the amount 
 allocated directly to the nonpublic school may not exceed the 
 actual amount of the school's ongoing or recurring 
 telecommunication access costs.  

    Subd. 8.    Reimbursement criteria.  The commissioner, 
 working with the commissioner of administration and the 
 Minnesota education telecommunications council, shall develop 
 reimbursement criteria that schools must address when submitting 
 ongoing or recurring telecommunications costs as determined in 
 subdivisions 1 and 2.  The criteria must assist schools to 
 procure telecommunications access services in the most efficient 
 and cost-effective manner possible. 

    Subd. 9.    Expiration.  This section expires on July 1, 
 2002. 

    Subd. 10.    Severability.  If any portion of this 
 section is found by a court to be unconstitutional, the 
 remaining portions of the section shall remain in effect. 

    HIST: 2000 c 489 art 5 s 8