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2001 Minnesota Session Laws

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                             CHAPTER 7-H.F.No. 656 
                  An act relating to legislation; correcting erroneous, 
                  ambiguous, and omitted text and obsolete references; 
                  eliminating certain redundant, conflicting, and 
                  superseded provisions; making miscellaneous technical 
                  corrections to statutes and other laws; amending 
                  Minnesota Statutes 2000, sections 3.85, subdivision 6; 
                  6.76; 12.31, subdivision 1; 13.06, subdivision 4; 
                  13.51, subdivision 3; 13.54, subdivision 5; 15.059, 
                  subdivision 5a; 16B.126; 16B.55, subdivision 4; 
                  16B.61, subdivision 3; 16E.04, subdivision 2; 18B.36, 
                  subdivision 1; 60B.03, subdivision 6; 62G.20, 
                  subdivision 4; 62L.02, subdivision 24; 65B.05; 69.021, 
                  subdivision 5; 80C.01, subdivision 4; 80C.147; 84.965, 
                  subdivision 2; 84.98, subdivision 5; 85.055, 
                  subdivision 1; 86B.331, subdivision 1; 103G.201; 
                  103G.2242, subdivision 12; 103G.2243, subdivision 2; 
                  115.49, subdivision 4; 116J.994, subdivision 6; 
                  116J.995; 116L.01, subdivision 1; 116P.08, subdivision 
                  2; 124D.892, subdivision 3; 145.61, subdivision 5; 
                  148.511; 148.6402, subdivisions 14 and 16; 148.6420, 
                  subdivisions 2 and 4; 148.6425, subdivisions 2 and 3; 
                  148.6448, subdivision 1; 153A.20, subdivision 1; 
                  168.012, subdivision 1; 171.173; 204D.25, subdivision 
                  1; 216B.2424, subdivision 6; 237.065, subdivision 1; 
                  237.763; 237.764, subdivision 3; 237.773, subdivision 
                  1; 256B.50, subdivision 1; 260B.007, subdivision 16; 
                  268.022, subdivision 1; 268.6715; 270.67, subdivision 
                  4; 289A.18, subdivision 4; 289A.40, by adding a 
                  subdivision; 289A.50, subdivision 7; 289A.60, 
                  subdivisions 12 and 21; 297I.60, subdivision 2; 
                  299C.67, subdivision 2; 299N.02, subdivision 2; 
                  322B.960, subdivision 1; 356.371, subdivision 1; 
                  356.62; 356.65, subdivision 1; 401.06; 462.352, 
                  subdivisions 5, 7, 9, 10, and 15; 462.358, subdivision 
                  2a; 469.126, subdivision 2; 469.301, subdivision 1; 
                  469.304, subdivision 1; 471.59, subdivision 11; 
                  473.901, subdivision 1; 504B.181, subdivision 4; 
                  504B.365, subdivision 3; 515B.1-102; 515B.2-105; 
                  517.08, subdivision 1c; 518.131, subdivision 10; 
                  541.023, subdivision 6; 609.596, subdivision 3; 
                  626.556, subdivision 11; and 628.26; repealing 
                  Minnesota Statutes 2000, sections 13.485, subdivision 
                  2; 13.99, subdivision 1; 115B.22, subdivision 8; 
                  148.6402, subdivision 18; 168.54, subdivision 6; 
                  181B.01; 181B.02; 181B.03; 181B.04; 181B.05; 181B.06; 
                  181B.07; 181B.08; 181B.09; 181B.10; 181B.101; 181B.11; 
                  181B.12; 181B.13; 181B.14; 181B.15; 181B.16; 181B.17; 
                  383.001; 462.352, subdivision 17; 469.301, 
                  subdivisions 6, 7, and 8; and 566.18; Laws 1997, 
                  chapter 85, article 4, section 29; Laws 2000, chapter 
                  254, section 30; and Laws 2000, chapter 444, article 
                  2, sections 9 and 10. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
                                 REVISOR'S BILL 
           Section 1.  Minnesota Statutes 2000, section 3.85, 
        subdivision 6, is amended to read: 
           Subd. 6.  [ASSISTANCE OF OTHER AGENCIES.] The commission 
        may request information from any state officer or agency or 
        public pension fund or plan as defined in section 
        356.61 356.615, paragraph (b), including a volunteer 
        firefighters' relief association to which sections 69.771 to 
        69.776 apply, to assist it to carry out the terms of this 
        section.  The officer, agency, or public pension fund or plan 
        shall promptly furnish any data requested. 
           Sec. 2.  Minnesota Statutes 2000, section 6.76, is amended 
        to read: 
           6.76 [LOCAL GOVERNMENTAL EXPENDITURES FOR LOBBYISTS.] 
           (a) On or before January 31 of each year, all counties, 
        cities, school districts, metropolitan agencies, regional 
        railroad authorities, and the metropolitan council shall report 
        to the state auditor, on forms prescribed by the auditor, their 
        estimated expenditures paid for the previous calendar year to a 
        lobbyist as defined in section 10A.01, subdivision 20 21, except 
        payments to associations of local governments that are reported 
        under paragraph (b), and to any staff person not registered as a 
        lobbyist, over 25 percent of whose time is spent during the 
        legislative session on legislative matters. 
           (b) Associations of local governments subject to this 
        section shall report annually, on or before January 31, to the 
        state auditor and the association's members the proportionate 
        amount of each member's dues spent for lobbying purposes. 
           Sec. 3.  Minnesota Statutes 2000, section 12.31, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DECLARATION OF NATIONAL SECURITY 
        EMERGENCY.] When information from the President of the United 
        States, the Federal Emergency Management Agency, the Department 
        of Defense, or the National Warning System indicates the 
        imminence of a national security emergency within the United 
        States, which means the several states, the District of 
        Columbia, and the Commonwealth of Puerto Rico, and the Panama 
        Canal Zone, or the occurrence within the state of Minnesota of a 
        major disaster from enemy sabotage or other hostile action, the 
        governor may, by proclamation, declare that a national security 
        emergency exists in all or any part of the state.  If the 
        legislature is then in regular session, or, if it is not, if the 
        governor concurrently with the proclamation declaring the 
        emergency issues a call convening immediately both houses of the 
        legislature, the governor may exercise for a period not to 
        exceed 30 days the powers and duties conferred and imposed by 
        sections 12.31 to 12.37.  The lapse of these emergency powers 
        does not, as regards any act occurring or committed within the 
        30-day period, deprive any person, political subdivision, 
        municipal corporation, or body politic of any right to 
        compensation or reimbursement that it may have under this 
        chapter. 
           Sec. 4.  Minnesota Statutes 2000, section 13.06, 
        subdivision 4, is amended to read: 
           Subd. 4.  [PROCEDURE WHEN CLASSIFICATION AFFECTS OTHERS.] 
        If the commissioner determines that an application for temporary 
        classification involves data which would reasonably be 
        classified in the same manner by all agencies, political 
        subdivisions, or statewide systems similar to the one which made 
        the application, the commissioner may approve or disapprove the 
        classification for data of the kind which is the subject of the 
        application for the use of all agencies, political subdivisions, 
        or statewide systems similar to the applicant.  On deeming this 
        approach advisable, the commissioner shall provide notice of the 
        proposed action by publication in the State Register and by 
        notification to the intergovernmental information systems 
        advisory council, within ten days of receiving the application.  
        Within 30 days after publication in the State Register and 
        notification to the council, an affected agency, political 
        subdivision, the public, or statewide system may submit comments 
        on the commissioner's proposal.  The commissioner shall consider 
        any comments received when granting or denying a classification 
        for data of the kind which is the subject of the application, 
        for the use of all agencies, political subdivisions, or 
        statewide systems similar to the applicant.  Within 45 days 
        after the close of the period for submitting comment, the 
        commissioner shall grant or disapprove the application.  
        Applications processed under this subdivision shall be either 
        approved or disapproved by the commissioner within 90 days of 
        the receipt of the application.  For purposes of subdivision 1, 
        the data which is the subject of the classification shall be 
        deemed to be classified as set forth in the application for a 
        period of 90 days, or until the application is disapproved or 
        granted by the commissioner, whichever is earlier.  If requested 
        in the application, or determined to be necessary by the 
        commissioner, the data in the application shall be so classified 
        for all agencies, political subdivisions, or statewide systems 
        similar to the applicant until the application is disapproved or 
        granted by the commissioner, whichever is earlier.  Proceedings 
        after the grant or disapproval shall be governed by the 
        provisions of subdivision 5. 
           Sec. 5.  Minnesota Statutes 2000, section 13.51, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DATA ON INCOME OF INDIVIDUALS.] Income 
        information on individuals collected and maintained by political 
        subdivisions to determine eligibility of property for 
        classification 4c under section 273.13, subdivision 25, 
        paragraph (c) class 4d under section 273.126 and 273.13, is 
        private data on individuals as defined in section 13.02, 
        subdivision 12. 
           Sec. 6.  Minnesota Statutes 2000, section 13.54, 
        subdivision 5, is amended to read: 
           Subd. 5.  [PRIVATE DATA ON INDIVIDUALS.] Income information 
        on individuals collected and maintained by a housing agency to 
        determine eligibility of property for classification 4c under 
        section 273.13, subdivision 25, paragraph (c) class 4d under 
        sections 273.126 and 273.13, is private data on individuals as 
        defined in section 13.02, subdivision 12.  The data may be 
        disclosed to the county and local assessors responsible for 
        determining eligibility of the property for classification 4c 4d.
           Sec. 7.  Minnesota Statutes 2000, section 15.059, 
        subdivision 5a, is amended to read: 
           Subd. 5a.  [LATER EXPIRATION.] Notwithstanding subdivision 
        5, the advisory councils and committees listed in this 
        subdivision do not expire June 30, 1997.  These groups expire 
        June 30, 2001, unless the law creating the group or this 
        subdivision specifies an earlier expiration date. 
           Investment advisory council, created in section 11A.08; 
           Intergovernmental information systems advisory council, 
        created in section 16B.42, expires June 30, 1999; 
           Feedlot and manure management advisory committee, created 
        in section 17.136; 
           Aquaculture advisory committee, created in section 17.49; 
           Dairy producers board, created in section 17.76; 
           Pesticide applicator education and examination review 
        board, created in section 18B.305; 
           Advisory seed potato certification task force, created in 
        section 21.112; 
           Food safety advisory committee, created in section 28A.20; 
           Minnesota organic advisory task force, created in section 
        31.95; 
           Public programs risk adjustment work group, created in 
        section 62Q.03; 
           Workers' compensation self-insurers' advisory committee, 
        created in section 79A.02; 
           Youth corps advisory committee, created in section 84.0887; 
           Iron range off-highway vehicle advisory committee, created 
        in section 85.013; 
           Mineral coordinating committee, created in section 93.002; 
           Game and fish fund citizen advisory committees, created in 
        section 97A.055; 
           Wetland heritage advisory committee, created in section 
        103G.2242; 
           Wastewater treatment technical advisory committee, created 
        in section 115.54; 
           Solid waste management advisory council, created in section 
        115A.12; 
           Nuclear waste council, created in section 116C.711; 
           Genetically engineered organism advisory committee, created 
        in section 116C.93; 
           Environment and natural resources trust fund advisory 
        committee, created in section 116P.06; 
           Child abuse prevention advisory council, created in section 
        119A.13; 
           Chemical abuse and violence prevention council, created in 
        section 119A.293; 
           Youth neighborhood centers advisory board, created in 
        section 119A.295; 
           Interagency coordinating council, created in section 
        125A.28, expires June 30, 1999; 
           Desegregation/integration advisory board, created in 
        section 124D.892; 
           Nonpublic education council, created in section 123B.445; 
           Permanent school fund advisory committee, created in 
        section 127A.30; 
           Indian scholarship committee, created in section 124D.84, 
        subdivision 2; 
           American Indian education committees, created in section 
        124D.80; 
           Summer scholarship advisory committee, created in section 
        124D.95; 
           Multicultural education advisory committee, created in 
        section 124D.894; 
           Male responsibility and fathering grants review committee, 
        created in section 124D.33; 
           Library for the blind and physically handicapped advisory 
        committee, created in section 134.31; 
           Higher education advisory council, created in section 
        136A.031; 
           Student advisory council, created in section 136A.031; 
           Cancer surveillance advisory committee, created in section 
        144.672; 
           Maternal and child health task force, created in section 
        145.881; 
           State community health advisory committee, created in 
        section 145A.10; 
           Mississippi River Parkway commission, created in section 
        161.1419; 
           School bus safety advisory committee, created in section 
        169.435; 
           Advisory council on workers' compensation, created in 
        section 175.007; 
           Code enforcement advisory council, created in section 
        175.008; 
           Medical services review board, created in section 176.103; 
           Apprenticeship advisory council, created in section 178.02; 
           OSHA advisory council, created in section 182.656; 
           Health professionals services program advisory committee, 
        created in section 214.32; 
           Rehabilitation advisory council for the blind, created in 
        section 248.10; 
           American Indian advisory council, created in section 
        254A.035; 
           Alcohol and other drug abuse advisory council, created in 
        section 254A.04; 
           Medical assistance drug formulary committee, created in 
        section 256B.0625; 
           Home care advisory committee, created in section 256B.071; 
           Preadmission screening, alternative care, and home and 
        community-based services advisory committee, created in section 
        256B.0911; 
           Traumatic brain injury advisory committee, created in 
        section 256B.093; 
           Minnesota commission serving deaf and hard-of-hearing 
        people, created in section 256C.28; 
           American Indian child welfare advisory council, created in 
        section 260.835; 
           Juvenile justice advisory committee, created in section 
        268.29; 
           Northeast Minnesota economic development fund technical 
        advisory committees, created in section 298.2213; 
           Iron range higher education committee, created in section 
        298.2214; 
           Northeast Minnesota economic protection trust fund 
        technical advisory committee, created in section 298.297; 
           Chemical abuse and violence prevention council, created in 
        section 299A.293; 
           Youth neighborhood centers advisory board, created in 
        section 299A.295; 
           Advisory council on battered women and domestic abuse, 
        created in section 611A.34. 
           Sec. 8.  Minnesota Statutes 2000, section 16B.126, is 
        amended to read: 
           16B.126 [FUNDS FOR ENERGY EFFICIENT BULBS.] 
           State agencies in the executive, legislative, and judicial 
        branches that purchase replacement bulbs in accordance with 
        section 16B.61, subdivision 3, paragraph (l) (k), must use money 
        allocated for utility expenditures for the purchase. 
           Sec. 9.  Minnesota Statutes 2000, section 16B.55, 
        subdivision 4, is amended to read: 
           Subd. 4.  [PERSONAL VEHICLES.] No state employee shall be 
        compensated by the state for use of a personal vehicle for 
        travel between the employee's residence and the state work 
        station to which the employee is permanently assigned, except 
        pursuant to a collective bargaining agreement negotiated under 
        chapter 179 179A or a compensation plan adopted by the 
        commissioner of employee relations under section 43A.05.  A 
        collective bargaining agreement or compensation plan may only 
        provide for this compensation in cases in which an employee is 
        called back to work during hours when the employee is not 
        normally working. 
           Sec. 10.  Minnesota Statutes 2000, section 16B.61, 
        subdivision 3, is amended to read: 
           Subd. 3.  [SPECIAL REQUIREMENTS.] (a)  [SPACE FOR COMMUTER 
        VANS.] The code must require that any parking ramp or other 
        parking facility constructed in accordance with the code include 
        an appropriate number of spaces suitable for the parking of 
        motor vehicles having a capacity of seven to 16 persons and 
        which are principally used to provide prearranged commuter 
        transportation of employees to or from their place of employment 
        or to or from a transit stop authorized by a local transit 
        authority.  
           (b)  [SMOKE DETECTION DEVICES.] The code must require that 
        all dwellings, lodging houses, apartment houses, and hotels as 
        defined in section 299F.362 comply with the provisions of 
        section 299F.362.  
           (c)  [DOORS IN NURSING HOMES AND HOSPITALS.] The State 
        Building Code may not require that each door entering a sleeping 
        or patient's room from a corridor in a nursing home or hospital 
        with an approved complete standard automatic fire extinguishing 
        system be constructed or maintained as self-closing or 
        automatically closing.  
           (d)  [CHILD CARE FACILITIES IN CHURCHES; GROUND LEVEL 
        EXIT.] A licensed day care center serving fewer than 30 
        preschool age persons and which is located in a below ground 
        space in a church building is exempt from the State Building 
        Code requirement for a ground level exit when the center has 
        more than two stairways to the ground level and its exit.  
           (e)  [CHILD CARE FACILITIES IN CHURCHES; VERTICAL ACCESS.] 
        Until August 1, 1996, an organization providing child care in an 
        existing church building which is exempt from taxation under 
        section 272.02, subdivision 6, shall have five years from the 
        date of initial licensure under chapter 245A to provide interior 
        vertical access, such as an elevator, to persons with 
        disabilities as required by the State Building Code.  To obtain 
        the extension, the organization providing child care must secure 
        a $2,500 performance bond with the commissioner of human 
        services to ensure that interior vertical access is achieved by 
        the agreed upon date. 
           (f)  [FAMILY AND GROUP FAMILY DAY CARE.] Until the 
        legislature enacts legislation specifying appropriate standards, 
        the definition of Group R-3 occupancies in the State Building 
        Code applies to family and group family day care homes licensed 
        by the department of human services under Minnesota Rules, 
        chapter 9502. 
           (g)  [MINED UNDERGROUND SPACE.] Nothing in the state 
        building codes shall prevent cities from adopting rules 
        governing the excavation, construction, reconstruction, 
        alteration, and repair of mined underground space pursuant to 
        sections 469.135 to 469.141, or of associated facilities in the 
        space once the space has been created, provided the intent of 
        the building code to establish reasonable safeguards for health, 
        safety, welfare, comfort, and security is maintained. 
           (h)  [ENCLOSED STAIRWAYS.] No provision of the code or any 
        appendix chapter of the code may require stairways of existing 
        multiple dwelling buildings of two stories or less to be 
        enclosed. 
           (i) (h) [DOUBLE CYLINDER DEAD BOLT LOCKS.] No provision of 
        the code or appendix chapter of the code may prohibit double 
        cylinder dead bolt locks in existing single-family homes, 
        townhouses, and first floor duplexes used exclusively as a 
        residential dwelling.  Any recommendation or promotion of double 
        cylinder dead bolt locks must include a warning about their 
        potential fire danger and procedures to minimize the danger. 
           (j) (i) [RELOCATED RESIDENTIAL BUILDINGS.] A residential 
        building relocated within or into a political subdivision of the 
        state need not comply with the State Energy Code or section 
        326.371 provided that, where available, an energy audit is 
        conducted on the relocated building. 
           (k) (j) [AUTOMATIC GARAGE DOOR OPENING SYSTEMS.] The code 
        must require all residential buildings as defined in section 
        325F.82 to comply with the provisions of sections 325F.82 and 
        325F.83.  
           (l) (k) [EXIT SIGN ILLUMINATION.] For a new building on 
        which construction is begun on or after October 1, 1993, or an 
        existing building on which remodeling affecting 50 percent or 
        more of the enclosed space is begun on or after October 1, 1993, 
        the code must prohibit the use of internally illuminated exit 
        signs whose electrical consumption during nonemergency operation 
        exceeds 20 watts of resistive power.  All other requirements in 
        the code for exit signs must be complied with.  
           (m) (l) [EXTERIOR WOOD DECKS, PATIOS, AND BALCONIES.] The 
        code must permit the decking surface and upper portions of 
        exterior wood decks, patios, and balconies to be constructed of 
        (1) heartwood from species of wood having natural resistance to 
        decay or termites, including redwood and cedars, (2) grades of 
        lumber which contain sapwood from species of wood having natural 
        resistance to decay or termites, including redwood and cedars, 
        or (3) treated wood.  The species and grades of wood products 
        used to construct the decking surface and upper portions of 
        exterior decks, patios, and balconies must be made available to 
        the building official on request before final construction 
        approval. 
           Sec. 11.  Minnesota Statutes 2000, section 16E.04, 
        subdivision 2, is amended to read: 
           Subd. 2.  [RESPONSIBILITIES.] (a) In addition to other 
        activities prescribed by law, the office shall carry out the 
        duties set out in this subdivision. 
           (b) The office shall develop and establish a state 
        information architecture to ensure that further state agency 
        development and purchase of information and communications 
        systems, equipment, and services is designed to ensure that 
        individual agency information systems complement and do not 
        needlessly duplicate or conflict with the systems of other 
        agencies.  When state agencies have need for the same or similar 
        public data, the commissioner, in coordination with the affected 
        agencies, shall promote the most efficient and cost-effective 
        method of producing and storing data for or sharing data between 
        those agencies.  The development of this information 
        architecture must include the establishment of standards and 
        guidelines to be followed by state agencies. 
           (c) The office shall assist state agencies in the planning 
        and management of information systems so that an individual 
        information system reflects and supports the state agency's 
        mission and the state's requirements and functions. 
           (d) The office shall review agency requests for legislative 
        appropriations for the development or purchase of information 
        systems equipment or software. 
           (e) The office shall review major purchases of information 
        systems equipment to: 
           (1) ensure that the equipment follows the standards and 
        guidelines of the state information architecture; 
           (2) ensure that the equipment is consistent with the 
        information management principles adopted by the information 
        policy council; 
           (3) evaluate whether the agency's proposed purchase 
        reflects a cost-effective policy regarding volume purchasing; 
        and 
           (4) ensure that the equipment is consistent with other 
        systems in other state agencies so that data can be shared among 
        agencies, unless the office determines that the agency 
        purchasing the equipment has special needs justifying the 
        inconsistency. 
           (f) The office shall review the operation of information 
        systems by state agencies and provide advice and assistance to 
        ensure that these systems are operated efficiently and 
        continually meet the standards and guidelines established by the 
        office.  The standards and guidelines must emphasize uniformity 
        that encourages information interchange, open systems 
        environments, and portability of information whenever 
        practicable and consistent with an agency's authority and 
        chapter 13.  The office, in consultation with the 
        intergovernmental information systems advisory council and the 
        legislative reference library, shall recommend specific 
        standards and guidelines for each state agency within a time 
        period fixed by the office in regard to the following: 
           (1) establishing methods and systems directed at reducing 
        and ultimately eliminating redundant storage of data; and 
           (2) establishing information sales systems that utilize 
        licensing and royalty agreements to the greatest extent 
        possible, together with procedures for agency denial of requests 
        for licenses or royalty agreements by commercial users or 
        resellers of the information.  Section 3.751 does not apply to 
        those licensing and royalty agreements, and the agreements must 
        include provisions that section 3.751 does not apply and that 
        the state is immune from liability under the agreement. 
           (g) The office shall conduct a comprehensive review at 
        least every three years of the information systems investments 
        that have been made by state agencies and higher education 
        institutions.  The review must include recommendations on any 
        information systems applications that could be provided in a 
        more cost-beneficial manner by an outside source.  The office 
        must report the results of its review to the legislature and the 
        governor. 
           (h) The office shall report to the legislature by January 
        15 of each year on progress in implementing paragraph (f), 
        clauses (1) and (2). 
           Sec. 12.  Minnesota Statutes 2000, section 18B.36, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REQUIREMENT.] (a) Except for a licensed 
        commercial or noncommercial applicator, only a certified private 
        applicator may use a restricted use pesticide to produce an 
        agricultural commodity: 
           (1) as a traditional exchange of services without financial 
        compensation; 
           (2) on a site owned, rented, or managed by the person or 
        the person's employees; or 
           (3) when the private applicator is one of two or fewer 
        specified individuals employed as agricultural labor employment 
        as defined by section 268.04 268.035, subdivision 12, paragraph 
        (15), clause (a) 2, and the owner or operator is a certified 
        private applicator or is licensed as a noncommercial applicator. 
           (b) A private applicator may not purchase a restricted use 
        pesticide without presenting a certified private applicator card 
        or the card number. 
           Sec. 13.  Minnesota Statutes 2000, section 60B.03, 
        subdivision 6, is amended to read: 
           Subd. 6.  [STATE.] "State" means any state of the United 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the Panama Canal Zone, and any other possession of the 
        United States. 
           Sec. 14.  Minnesota Statutes 2000, section 62G.20, 
        subdivision 4, is amended to read: 
           Subd. 4.  A person is not qualified for a license if upon 
        examination or reexamination it is determined that the person is 
        incompetent to act as an agent or solicitor; has acted in any 
        manner which would disqualify a person to hold a license as an 
        insurance agent or solicitor under section 60A.17, subdivision 6 
        sections 60K.09 and 60K.11; fails to produce documents lawfully 
        subpoenaed by the commissioner; or fails to appear at a hearing 
        to which that person is a party or has been lawfully subpoenaed. 
           Sec. 15.  Minnesota Statutes 2000, section 62L.02, 
        subdivision 24, is amended to read: 
           Subd. 24.  [QUALIFYING COVERAGE.] "Qualifying coverage" 
        means health benefits or health coverage provided under: 
           (1) a health benefit plan, as defined in this section, but 
        without regard to whether it is issued to a small employer and 
        including blanket accident and sickness insurance, other than 
        accident-only coverage, as defined in section 62A.11; 
           (2) part A or part B of Medicare; 
           (3) medical assistance under chapter 256B; 
           (4) general assistance medical care under chapter 256D; 
           (5) MCHA; 
           (6) a self-insured health plan; 
           (7) the MinnesotaCare program established under section 
        256L.02; 
           (8) a plan provided under section 43A.316, 43A.317, or 
        471.617; 
           (9) the Civilian Health and Medical Program of the 
        Uniformed Services (CHAMPUS) or other coverage provided under 
        United States Code, title 10, chapter 55; 
           (10) coverage provided by a health care network cooperative 
        under chapter 62R or by a health provider cooperative under 
        section 62R.17; 
           (11) a medical care program of the Indian Health Service or 
        of a tribal organization; 
           (12) the federal Employees Health Benefits Plan, or other 
        coverage provided under United States Code, title 5, chapter 89; 
           (13) a health benefit plan under section 5(e) of the Peace 
        Corps Act, codified as United States Code, title 22, section 
        2504(e); 
           (14) a health plan; or 
           (15) a plan similar to any of the above plans provided in 
        this state or in another state as determined by the commissioner.
           Sec. 16.  Minnesota Statutes 2000, section 65B.05, is 
        amended to read: 
           65B.05 [POWER OF FACILITY, GOVERNING COMMITTEE.] 
           The governing committee shall have the power to direct the 
        operation of the facility in all pursuits consistent with the 
        purposes and terms of sections 65B.01 to 65B.12, including but 
        not limited to the following: 
           (1) To sue and be sued in the name of the facility and to 
        assess each member in accord with its participation ratio to pay 
        any judgment against the facility as an entity, provided, 
        however, that no judgment against the facility shall create any 
        liabilities in one or more members disproportionate to their 
        participation ratio or an individual representing members on the 
        governing committee. 
           (2) To delegate ministerial duties, to hire a manager and 
        to contract for goods and services from others. 
           (3) To assess members on the basis of participation ratios 
        to cover anticipated costs of operation and administration of 
        the facility. 
           (4) To impose limitations on cancellation or nonrenewal by 
        members of insureds covered pursuant to placement through the 
        facility in addition to the limitations imposed by chapter 72A 
        and sections 65B.13 65B.1311 to 65B.21. 
           Sec. 17.  Minnesota Statutes 2000, section 69.021, 
        subdivision 5, is amended to read: 
           Subd. 5.  [CALCULATION OF STATE AID.] (a) The amount of 
        fire state aid available for apportionment, before the addition 
        of the minimum fire state aid allocation amount under 
        subdivision 7, is equal to 107 percent of the amount of premium 
        taxes paid to the state upon the fire, lightning, sprinkler 
        leakage, and extended coverage premiums reported to the 
        commissioner by insurers on the Minnesota Firetown Premium 
        Report.  This amount shall be reduced by the amount required to 
        pay the state auditor's costs and expenses of the audits or 
        exams of the firefighters relief associations. 
           The total amount for apportionment in respect to fire state 
        aid must not be less than two percent of the premiums reported 
        to the commissioner by insurers on the Minnesota Firetown 
        Premium Report after subtracting the following amounts: 
           (1) the amount required to pay the state auditor's costs 
        and expenses of the audits or exams of the firefighters relief 
        associations; and 
           (2) one percent of the premiums reported by town and 
        farmers' mutual insurance companies and mutual property and 
        casualty companies with total assets of $5,000,000 or less.  
           (b) The total amount for apportionment as police state aid 
        is equal to 104 percent of the amount of premium taxes paid to 
        the state on the premiums reported to the commissioner by 
        insurers on the Minnesota Aid to Police Premium Report, plus the 
        payment amounts received under section 60A.152 297I.05, 
        subdivision 8, since the last aid apportionment, and reduced by 
        the amount required to pay the costs and expenses of the state 
        auditor for audits or exams of police relief associations.  The 
        total amount for apportionment in respect to the police state 
        aid program must not be less than two percent of the amount of 
        premiums reported to the commissioner by insurers on the 
        Minnesota Aid to Police Premium Report after subtracting the 
        amount required to pay the state auditor's cost and expenses of 
        the audits or exams of the police relief associations. 
           (c) The commissioner shall calculate the percentage of 
        increase or decrease reflected in the apportionment over or 
        under the previous year's available state aid using the same 
        premiums as a basis for comparison. 
           (d) The amount for apportionment in respect to peace 
        officer state aid under paragraph (b) must be further reduced by 
        $1,779,000 in fiscal year 1999, $2,077,000 in fiscal year 2000, 
        and $2,404,000 in fiscal year 2001.  These reductions in this 
        paragraph cancel to the general fund. 
           Sec. 18.  Minnesota Statutes 2000, section 80C.01, 
        subdivision 4, is amended to read: 
           Subd. 4.  (a) "Franchise" means (1) a contract or 
        agreement, either express or implied, whether oral or written, 
        for a definite or indefinite period, between two or more persons:
           (i) by which a franchisee is granted the right to engage in 
        the business of offering or distributing goods or services using 
        the franchisor's trade name, trademark, service mark, logotype, 
        advertising, or other commercial symbol or related 
        characteristics; 
           (ii) in which the franchisor and franchisee have a 
        community of interest in the marketing of goods or services at 
        wholesale, retail, by lease, agreement, or otherwise; and 
           (iii) for which the franchisee pays, directly or 
        indirectly, a franchise fee; or 
           (2) a contract, lease, or other agreement, either express 
        or implied, whether oral or written, for a definite or 
        indefinite period, between two or more persons, whereby the 
        franchisee is authorized, permitted, or granted the right to 
        market motor vehicle fuel at retail under the franchisor's trade 
        name, trademark, service mark, logotype, or other commercial 
        symbol or related characteristics owned or controlled by the 
        franchisor; or 
           (3) the sale or lease of any products, equipment, chattels, 
        supplies, or services to the purchaser, other than the sale of 
        sales demonstration equipment, materials or samples for a total 
        price of $500 or less to any one person, for the purpose of 
        enabling the purchaser to start a business and in which the 
        seller:  
           (i) represents that the seller, lessor, or an affiliate 
        thereof will provide locations or assist the purchaser in 
        finding locations for the use or operation of vending machines, 
        racks, display cases, or similar devices, or currency operated 
        amusement machines or devices, on premises neither owned or 
        leased by the purchaser or seller; or 
           (ii) represents that the seller will purchase any or all 
        products made, produced, fabricated, grown, bred, or modified by 
        the purchaser using, in whole or in part, the supplies, 
        services, or chattels sold to the purchaser; or 
           (iii) guarantees that the purchaser will derive income from 
        the business which exceeds the price paid to the seller; or 
           (4) an oral or written contract or agreement, either 
        expressed or implied, for a definite or indefinite period, 
        between two or more persons, under which a manufacturer, selling 
        security systems through dealers or distributors in this state, 
        requires regular payments from the distributor or dealer as 
        royalties or residuals for products purchased and paid for by 
        the dealer or distributor.  
           (b) "Franchise" does not include any business which is 
        operated under a lease or license on the premises of the lessor 
        or licensor as long as such business is incidental to the 
        business conducted by the lessor or licensor on such premises, 
        including, without limitation, leased departments, licensed 
        departments, and concessions. 
           (c) "Franchise" does not include any contract, lease or 
        other agreement whereby the franchisee is required to pay less 
        than $100 on an annual basis, except those franchises identified 
        in paragraph (a), clause (2). 
           (d) "Franchise" does not include a contract, lease or other 
        agreement between a new motor vehicle manufacturer, distributor, 
        or factory branch and a franchisee whereby the franchisee is 
        granted the right to market automobiles, motorcycles, trucks, 
        truck tractors, or self-propelled motor homes or campers if the 
        foregoing are designed primarily for the transportation of 
        persons or property on public highways. 
           (e) "Franchise" does not include a contract, lease, or 
        other agreement or arrangement between two or more air carriers, 
        or between one or more air carriers and one or more foreign air 
        carriers.  The terms "air carrier" and "foreign air carrier" 
        shall have the meanings assigned to them by the Federal Aviation 
        Act, United States Code Appendix, title 49, sections 1301(3) and 
        1301(22), respectively. 
           (f) For purposes of this chapter, a person who sells motor 
        vehicle fuel at wholesale who does not own or control, or is not 
        an affiliate of a person who, owns or controls, the trademark, 
        trade name, service mark, logotype, or other commercial symbol 
        or related characteristics under which the motor vehicle fuel is 
        sold at retail, is not a franchisor or a franchisee, and is not 
        considered to be part of a franchise relationship. 
           Sec. 19.  Minnesota Statutes 2000, section 80C.147, is 
        amended to read: 
           80C.147 [CHANGE IN OWNERSHIP.] 
           A motor vehicle fuel franchisor, or an affiliate of such 
        franchisor, who (1) determines to (1) sell or transfer its 
        interests in marketing premises occupied by a franchisee, and 
        (2) in connection with such sale or transfer assigns its 
        interest as a franchisor in a franchise agreement applicable to 
        such premises, shall offer to the franchisee occupying the 
        premises those rights contained in United States Code, title 15, 
        section 2802(b)(3)(D)(iii)(I) or (II).  This section expires 12 
        months after May 5, 2000. 
           Sec. 20.  Minnesota Statutes 2000, section 84.965, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CORPS MEMBER STATUS; FEES.] All camp staff 
        except camp directors in the young adult program are corps 
        members.  Corps members are not covered for unemployment 
        benefits if their services are excluded under section 
        268.04 268.035, subdivision 12 20, and they are not eligible for 
        other benefits except workers' compensation.  The corps members 
        are not employees of the state of Minnesota within the meaning 
        of section 43A.02, subdivision 21.  The commissioner may charge 
        a fee for any service performed by the corps. 
           Sec. 21.  Minnesota Statutes 2000, section 84.98, 
        subdivision 5, is amended to read: 
           Subd. 5.  [CORPS MEMBER STATUS.] Minnesota conservation 
        corps members are not covered for unemployment benefits if their 
        services are excluded under section 268.04 268.035, 
        subdivision 12 20, and they are not eligible for other benefits 
        except workers' compensation.  The corps members are not 
        employees of the state within the meaning of section 43A.02, 
        subdivision 21. 
           Sec. 22.  Minnesota Statutes 2000, section 85.055, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [FEES.] The fee for state park permits for: 
           (1) an annual use of state parks is $20; 
           (2) a second vehicle state park permit is $15; 
           (3) a state park permit valid up to two days for one day is 
        $4; 
           (4) a daily vehicle state park permit for groups is $2; 
           (5) an employee's state park permit is without charge; and 
           (6) a state park permit for handicapped persons under 
        section 85.053, subdivision 7, clauses (1) and (2), is $12.  
           The fees specified in this subdivision include any sales 
        tax required by state law. 
           Sec. 23.  Minnesota Statutes 2000, section 86B.331, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ACTS PROHIBITED.] (a) An owner or other 
        person having charge or control of a motorboat may not authorize 
        or allow an individual the person knows or has reason to believe 
        is under the influence of alcohol or a controlled or other 
        substance to operate the motorboat in operation on the waters of 
        this state. 
           (b) An owner or other person having charge or control of a 
        motorboat may not knowingly authorize or allow a person, who by 
        reason of a physical or mental disability is incapable of 
        operating the motorboat, to operate the motorboat in operation 
        on the waters of this state.  
           (c) A person who operates or is in physical control of a 
        motorboat on the waters of this state is subject to chapter 
        169A.  In addition to the applicable sanctions under chapter 
        169A, a person who is convicted of violating section 169A.20 or 
        an ordinance in conformity with it while operating a motorboat, 
        shall be prohibited from operating the motorboat on the waters 
        of this state for a period of 90 days between May 1 and October 
        31, extending over two consecutive years if necessary.  If the 
        person operating the motorboat refuses to comply with a lawful 
        demand to submit to testing under sections 169A.50 to 169A.53 or 
        an ordinance in conformity with it, the person shall be 
        prohibited from operating the motorboat for a period of one 
        year.  The commissioner shall notify the person of the period 
        during which the person is prohibited from operating a motorboat.
           (d) Administrative and judicial review of the operating 
        privileges prohibition is governed by section 97B.066, 
        subdivisions 7 to 9, if the person does not have a prior 
        impaired driving conviction or prior license revocation, as 
        defined in section 169A.03.  Otherwise, administrative and 
        judicial review of the prohibition is governed by section 
        169A.53. 
           (e) The court shall promptly forward to the commissioner 
        and the department of public safety copies of all convictions 
        and criminal and civil sanctions imposed under this section and 
        chapter chapters 169 and 169A relating to motorboats. 
           (f) A person who violates paragraph (a) or (b), or an 
        ordinance in conformity with either of them, is guilty of a 
        misdemeanor. 
           (g) For purposes of this subdivision, a motorboat "in 
        operation" does not include a motorboat that is anchored, 
        beached, or securely fastened to a dock or other permanent 
        mooring, or a motorboat that is being rowed or propelled by 
        other than mechanical means. 
           Sec. 24.  Minnesota Statutes 2000, section 103G.201, is 
        amended to read: 
           103G.201 [PUBLIC WATERS INVENTORY.] 
           (a) The commissioner shall prepare a public waters 
        inventory map of each county that shows the waters of this state 
        that are designated as public waters under the public waters 
        inventory and classification procedures prescribed under Laws 
        1979, chapter 199.  The public waters inventory map for each 
        county must be filed with the auditor of the county.  
           (b) The commissioner is authorized to revise the list of 
        public waters established under Laws 1979, chapter 199, to 
        reclassify those types 3, 4, and 5 wetlands previously 
        identified as public waters wetlands under Laws 1979, chapter 
        199, as public waters or as wetlands under section 103G.005, 
        subdivision 19.  The commissioner may only reclassify public 
        waters wetlands as public waters if: 
           (1) they are assigned a shoreland management classification 
        by the commissioner under sections 103F.201 to 103F.22 103F.221; 
        or 
           (2) they are classified as lacustrine wetlands according to 
        Classification of Wetlands and Deepwater Habitats of the United 
        States (Cowardin, et al., 1979 edition). 
           (c) The commissioner must provide notice of the 
        reclassification to the local government unit, the county board, 
        the watershed district, if one exists for the area, and the soil 
        and water conservation district.  Within 60 days of receiving 
        notice from the commissioner, a party required to receive the 
        notice may provide a resolution stating objections to the 
        reclassification.  If the commissioner receives an objection 
        from a party required to receive the notice, the 
        reclassification is not effective.  If the commissioner does not 
        receive an objection from a party required to receive the 
        notice, the reclassification of a wetland under paragraph (b) is 
        effective 60 days after the notice is received by all of the 
        parties. 
           (d) The commissioner shall give priority to the 
        reclassification of public waters wetlands that are or have the 
        potential to be affected by public works projects. 
           Sec. 25.  Minnesota Statutes 2000, section 103G.2242, 
        subdivision 12, is amended to read: 
           Subd. 12.  [REPLACEMENT CREDITS.] (a) No public or private 
        wetland restoration, enhancement, or construction may be allowed 
        for replacement unless specifically designated for replacement 
        and paid for by the individual or organization performing the 
        wetland restoration, enhancement, or construction, and is 
        completed prior to any draining or filling of the wetland. 
           (b) Paragraph (a) does not apply to a wetland whose owner 
        has paid back with interest the individual or organization 
        restoring, enhancing, or constructing the wetland. 
           (c) Notwithstanding section 103G.222, subdivision 1, 
        paragraph (i) (h), the following actions are eligible for 
        replacement credit as determined by the local government unit, 
        including enrollment in a statewide wetlands bank: 
           (1) Reestablishment of permanent vegetative cover on a 
        wetland that was planted with annually seeded crops, was in a 
        crop rotation seeding of pasture grasses or legumes, or was 
        required to be set aside to receive price supports or other 
        payments under United States Code, title 7, sections 1421 to 
        1469, in six of the last ten years prior to January 1, 1991.  
        Replacement credit may not exceed 50 percent of the total 
        wetland area vegetatively restored; 
           (2) Buffer areas of permanent vegetative cover established 
        on upland adjacent to replacement wetlands, provided that the 
        upland buffer must be established at the time of wetland 
        replacement and replacement credit for the buffer may not exceed 
        75 percent of the replacement wetland area and may only be used 
        for replacement above a 1:1 ratio; 
           (3) Wetlands restored for conservation purposes under 
        terminated easements or contracts, provided that up to 75 
        percent of the restored wetland area is eligible for replacement 
        credit and adjacent upland buffer areas reestablished to 
        permanent vegetative cover are eligible for replacement credit 
        above a 1:1 ratio in an amount not to exceed 25 percent of the 
        restored wetland area; and 
           (4) Water quality treatment ponds constructed to pretreat 
        storm water runoff prior to discharge to wetlands, public 
        waters, or other water bodies, provided that the water quality 
        treatment ponds must be associated with an ongoing or proposed 
        project that will impact a wetland and replacement credit for 
        the treatment ponds may not exceed 75 percent of the treatment 
        pond area and may only be used for replacement above a 1:1 ratio.
           Sec. 26.  Minnesota Statutes 2000, section 103G.2243, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PLAN CONTENTS.] A comprehensive wetland 
        protection and management plan may: 
           (1) provide for classification of wetlands in the plan area 
        based on: 
           (i) an inventory of wetlands in the plan area; 
           (ii) an assessment of the wetland functions listed in 
        section 103B.3355, using a methodology chosen by the technical 
        evaluation panel from one of the methodologies established or 
        approved by the board under that section; and 
           (iii) the resulting public values; 
           (2) vary application of the sequencing standards in section 
        103G.222, subdivision 1, paragraph (b), for projects based on 
        the classification and criteria set forth in the plan; 
           (3) vary the replacement standards of section 103G.222, 
        subdivision 1, paragraphs (f) (e) and (g) (f), based on the 
        classification and criteria set forth in the plan, for specific 
        wetland impacts provided there is no net loss of public values 
        within the area subject to the plan, and so long as: 
           (i) in a 50 to 80 percent area, a minimum acreage 
        requirement of one acre of replaced wetland for each acre of 
        drained or filled wetland requiring replacement is met within 
        the area subject to the plan; and 
           (ii) in a less than 50 percent area, a minimum acreage 
        requirement of two acres of replaced wetland for each acre of 
        drained or filled wetland requiring replacement is met within 
        the area subject to the plan, except that replacement for the 
        amount above a 1:1 ratio can be accomplished as described in 
        section 103G.2242, subdivision 12; 
           (4) in a greater than 80 percent area, allow replacement 
        credit, based on the classification and criteria set forth in 
        the plan, for any project that increases the public value of 
        wetlands, including activities on adjacent upland acres; and 
           (5) in a greater than 80 percent area, based on the 
        classification and criteria set forth in the plan, expand the 
        application of the exemptions in section 103G.2241, subdivision 
        1, paragraph (a), clause (4), to also include nonagricultural 
        land, provided there is no net loss of wetland values. 
           Sec. 27.  Minnesota Statutes 2000, section 115.49, 
        subdivision 4, is amended to read: 
           Subd. 4.  [NEW RATES AND CHARGES.] Any municipality which 
        is a party to a contract for any of the purposes specified in 
        subdivision 3, and which operates a plant for the disposal of 
        sewage, industrial wastes, or other wastes, or which is a city 
        of the first class comprising a part of a sanitary district 
        under chapter 445 may, upon written notice to the other party or 
        parties, fix new rates and charges for the service performed 
        under the contract, notwithstanding any provision of law, 
        charter, or the contract to the contrary.  Any other party or 
        parties to such a contract with a municipality which operates 
        such a plant, or with a city of the first class comprising a 
        part of a sanitary district under chapter 445 may, upon written 
        notice to such municipality, demand that new rates and charges 
        be fixed for service performed under the contract, 
        notwithstanding any provision of law, charter, or the contract 
        to the contrary.  Whenever notice is given as provided herein, 
        it shall be the duty of the municipality operating the plant for 
        the disposal of sewage, industrial wastes, or other wastes, or a 
        city of the first class comprising a part of a sanitary district 
        under chapter 445, to hold a hearing for the determination of 
        proper rates and charges.  A valid notice given under this 
        subdivision of a demand to fix new rates and charges as to any 
        contract precludes another such notice by any party as to that 
        contract for a period of five years from the time of the notice, 
        or the time of dismissal of proceedings under a notice, or the 
        time of determination of rates and charges by the affected 
        agencies or by judgment, as the case may be, whichever of these 
        events is last, but there may always be a contract change under 
        subdivision 3; provided there can be no such demand as of right 
        within the first five years of a contract.  A municipality which 
        may be affected by determination of new rates and charges in 
        such a proceeding may participate in the proceeding as an 
        interested third party by filing a notice of its intention to so 
        participate with the clerk of the municipality to which the 
        original notice was directed.  If any party to the contract 
        involved in the proceeding initiated by notice of demand for new 
        rates and charges is dissatisfied with the rates and charges as 
        set in the proceeding it may within 30 days after such 
        determination by written notice given to the other party or 
        parties elect to submit the matters in dispute to a board of 
        arbitration which shall be created as follows:  The municipality 
        making such written election shall in such written election 
        appoint a referee; the other municipality shall within ten days 
        after such election and appointment also appoint a referee; the 
        two referees shall appoint a third referee, or if they fail for 
        ten days to do so, unless the municipalities mutually extend the 
        time for them to do so the district court of a judicial district 
        which is mutually agreeable to the municipalities shall make the 
        appointment of the third referee.  A decision of the majority of 
        the board shall be a decision of the board.  Each municipality 
        shall pay the compensation of the referee appointed by it, and 
        one-half of the compensation of the third referee, such 
        compensation to be at the rate usually charged by such person 
        for services in the person's profession or occupation.  The 
        hearing initiated by the notice of demand to fix new rates and 
        charges and all proceedings in connection therewith shall be in 
        conformity with sections 14.57 to 14.62 and the municipality 
        conducting the hearing is an agency as such term is used in such 
        sections.  Any party to the contract aggrieved by the decision 
        or order made in conformity with such provisions shall be 
        entitled to judicial review in the district court in the county 
        in which such decision or order was made and in the manner 
        provided in subdivision 5.  The new rates and charges 
        established by the agency upon the initial demand will continue 
        until the proper rates and charges are finally determined, 
        notwithstanding submission to arbitration or judicial review, 
        but the order or judgment which finally determines legality will 
        provide for adjustment of overpayment or underpayment, if any, 
        during the period after the new rates and charges were initially 
        fixed. 
           All records of any municipality relating to such rates and 
        charges shall be available at all reasonable times for 
        examination by any municipality. 
           Sec. 28.  Minnesota Statutes 2000, section 116J.994, 
        subdivision 6, is amended to read: 
           Subd. 6.  [FAILURE TO MEET GOALS.] The subsidy agreement 
        must specify the recipient's obligation if the recipient does 
        not fulfill the agreement.  At a minimum, the agreement must 
        require a recipient failing to meet subsidy agreement goals to 
        pay back the assistance plus interest to the grantor or, at the 
        grantor's option, to the account created under section 116J.551 
        provided that repayment may be prorated to reflect partial 
        fulfillment of goals.  The interest rate must be set at no less 
        than the implicit price deflator as defined under section 
        275.70, subdivision 2 for government consumption expenditures 
        and gross investment for state and local governments prepared by 
        the bureau of economic analysis of the United States Department 
        of Commerce for the 12-month period ending March 31 of the 
        previous year.  The grantor, after a public hearing, may extend 
        for up to one year the period for meeting the wage and job goals 
        under subdivision 4 provided in a subsidy agreement.  A grantor 
        may extend the period for meeting other goals under subdivision 
        3, paragraph (a), clause (3), by documenting in writing the 
        reason for the extension and attaching a copy of the document to 
        its next annual report to the department. 
           A recipient that fails to meet the terms of a subsidy 
        agreement may not receive a business subsidy from any grantor 
        for a period of five years from the date of failure or until a 
        recipient satisfies its repayment obligation under this 
        subdivision, whichever occurs first.  
           Before a grantor signs a business subsidy agreement, the 
        grantor must check with the compilation and summary report 
        required by this section to determine if the recipient is 
        eligible to receive a business subsidy. 
           Sec. 29.  Minnesota Statutes 2000, section 116J.995, is 
        amended to read: 
           116J.995 [ECONOMIC GRANTS.] 
           An appropriation rider in an appropriation to the 
        department of trade and economic development that specifies that 
        the appropriation be granted to a particular business or class 
        of businesses must contain a statement of the expected benefits 
        associated with the grant.  At a minimum, the statement must 
        include goals for the number of jobs created, wages paid, and 
        the tax revenue increases due to the grant.  The wage and job 
        goals must contain specific goals to be attained within two 
        years of the benefit date.  The statement must specify the 
        recipient's obligation if the recipient does not attain the 
        goals.  At a minimum, the statement must require a recipient 
        failing to meet the job and wage goals to pay back the 
        assistance plus interest to the department of trade and economic 
        development provided that repayment may be prorated to reflect 
        partial fulfillment of goals.  The interest rate must be set at 
        no less than the implicit price deflator as defined under 
        section 275.70 116J.994, subdivision 2 6.  The legislature, 
        after a public hearing, may extend for up to one year the period 
        for meeting the goals provided in the statement. 
           Sec. 30.  Minnesota Statutes 2000, section 116L.01, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERALLY.] For the purposes of sections 
        116L.01 to 116L.05 this chapter, the terms defined in this 
        section have the meanings given them. 
           Sec. 31.  Minnesota Statutes 2000, section 116P.08, 
        subdivision 2, is amended to read: 
           Subd. 2.  [EXCEPTIONS.] Money from the trust fund may not 
        be spent for: 
           (1) purposes of environmental compensation and liability 
        under chapter 115B and response actions under chapter 115C; 
           (2) purposes of municipal water pollution control under the 
        authority of chapters 115 and 116, including combined sewer 
        overflow under section 116.162; 
           (3) costs associated with the decommissioning of nuclear 
        power plants; 
           (4) hazardous waste disposal facilities; 
           (5) solid waste disposal facilities; or 
           (6) projects or purposes inconsistent with the strategic 
        plan. 
           Sec. 32.  Minnesota Statutes 2000, section 124D.892, 
        subdivision 3, is amended to read: 
           Subd. 3.  [ADVISORY BOARD.] The commissioner shall 
        establish an advisory board composed of: 
           (1) nine superintendents, eight shall be of whom are 
        selected by the superintendents of the school districts located 
        in whole or in part within each of the eight metropolitan 
        districts established under section 473.123, subdivision 3c, and 
        one superintendent of who is from a district outside the 
        seven-county metropolitan area and is from a district that is 
        considered racially isolated or that has a racially isolated 
        school site according to Minnesota Rules, part 3535.0110; 
           (2) one person each selected by the Indian affairs council, 
        the council on Asian-Pacific Minnesotans, the council on Black 
        Minnesotans, and the council on affairs of Chicano/Latino 
        people; and 
           (3) the superintendent of independent school district No. 
        709, Duluth. 
           The advisory board shall advise the office on complying 
        with the requirements under subdivision 1.  The advisory board 
        may solicit comments from teachers, parents, students, and 
        interested community organizations and others. 
           Sec. 33.  Minnesota Statutes 2000, section 145.61, 
        subdivision 5, is amended to read: 
           Subd. 5.  [REVIEW ORGANIZATION.] "Review organization" 
        means a nonprofit organization acting according to clause (k), a 
        committee as defined under section 144E.32, subdivision 2, or a 
        committee whose membership is limited to professionals, 
        administrative staff, and consumer directors, except where 
        otherwise provided for by state or federal law, and which is 
        established by one or more of the following:  a hospital, a 
        clinic, a nursing home, an ambulance service or first responder 
        service regulated under chapter 144E, one or more state or local 
        associations of professionals, an organization of professionals 
        from a particular area or medical institution, a health 
        maintenance organization as defined in chapter 62D, a community 
        integrated service network as defined in chapter 62N, a 
        nonprofit health service plan corporation as defined in chapter 
        62C, a preferred provider organization, a professional standards 
        review organization established pursuant to United States Code, 
        title 42, section 1320c-1 et seq., a medical review agent 
        established to meet the requirements of section 256B.04, 
        subdivision 15, or 256D.03, subdivision 7, paragraph (b), the 
        department of human services, a health provider cooperative 
        operating under sections 62R.17 to 62R.26, or a corporation 
        organized under chapter 317A that owns, operates, or is 
        established by one or more of the above referenced entities, to 
        gather and review information relating to the care and treatment 
        of patients for the purposes of: 
           (a) evaluating and improving the quality of health care 
        rendered in the area or medical institution or by the entity or 
        organization that established the review organization; 
           (b) reducing morbidity or mortality; 
           (c) obtaining and disseminating statistics and information 
        relative to the treatment and prevention of diseases, illness 
        and injuries; 
           (d) developing and publishing guidelines showing the norms 
        of health care in the area or medical institution or in the 
        entity or organization that established the review organization; 
           (e) developing and publishing guidelines designed to keep 
        within reasonable bounds the cost of health care; 
           (f) reviewing the quality or cost of health care services 
        provided to enrollees of health maintenance organizations, 
        community integrated service networks, health service plans, 
        preferred provider organizations, and insurance companies; 
           (g) acting as a professional standards review organization 
        pursuant to United States Code, title 42, section 1320c-1 et 
        seq.; 
           (h) determining whether a professional shall be granted 
        staff privileges in a medical institution, membership in a state 
        or local association of professionals, or participating status 
        in a nonprofit health service plan corporation, health 
        maintenance organization, community integrated service network, 
        preferred provider organization, or insurance company, or 
        whether a professional's staff privileges, membership, or 
        participation status should be limited, suspended or revoked; 
           (i) reviewing, ruling on, or advising on controversies, 
        disputes or questions between: 
           (1) health insurance carriers, nonprofit health service 
        plan corporations, health maintenance organizations, community 
        integrated service networks, self-insurers and their insureds, 
        subscribers, enrollees, or other covered persons; 
           (2) professional licensing boards and health providers 
        licensed by them; 
           (3) professionals and their patients concerning diagnosis, 
        treatment or care, or the charges or fees therefor; 
           (4) professionals and health insurance carriers, nonprofit 
        health service plan corporations, health maintenance 
        organizations, community integrated service networks, or 
        self-insurers concerning a charge or fee for health care 
        services provided to an insured, subscriber, enrollee, or other 
        covered person; 
           (5) professionals or their patients and the federal, state, 
        or local government, or agencies thereof; 
           (j) providing underwriting assistance in connection with 
        professional liability insurance coverage applied for or 
        obtained by dentists, or providing assistance to underwriters in 
        evaluating claims against dentists; 
           (k) acting as a medical review agent under section 256B.04, 
        subdivision 15, or 256D.03, subdivision 7, paragraph (b); 
           (l) providing recommendations on the medical necessity of a 
        health service, or the relevant prevailing community standard 
        for a health service; 
           (m) providing quality assurance as required by United 
        States Code, title 42, sections 1396r(b)(1)(b) and 
        1395i-3(b)(1)(b) of the Social Security Act; 
           (n) providing information to group purchasers of health 
        care services when that information was originally generated 
        within the review organization for a purpose specified by this 
        subdivision; or 
           (o) providing information to other, affiliated or 
        nonaffiliated review organizations, when that information was 
        originally generated within the review organization for a 
        purpose specified by this subdivision, and as long as that 
        information will further the purposes of a review organization 
        as specified by this subdivision. 
           Sec. 34.  Minnesota Statutes 2000, section 148.511, is 
        amended to read: 
           148.511 [SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS.] 
           Sections 148.511 to 148.5196 apply only to persons who are 
        applicants for registration, who are registered, who use 
        protected titles, or who represent that they are registered.  
        Sections 148.511 to 148.5196 do not apply to school personnel 
        licensed by the board of teaching under Minnesota Rules, part 
        8700.5505, provided that school personnel practicing within the 
        scope of their licensed occupation preface titles protected 
        under section 148.513 with the words "school" or "educational." 
           Sec. 35.  Minnesota Statutes 2000, section 148.6402, 
        subdivision 14, is amended to read: 
           Subd. 14.  [OCCUPATIONAL THERAPIST.] Except as provided in 
        section 148.6408, subdivision 3, paragraph (b), "Occupational 
        therapist" means an individual who meets the qualifications in 
        sections 148.6401 to 148.6450 and is licensed by the 
        commissioner.  For purposes of section 148.6408, subdivision 3, 
        paragraph (b), occupational therapist means the employment title 
        of a natural person before June 17, 1996. 
           Sec. 36.  Minnesota Statutes 2000, section 148.6402, 
        subdivision 16, is amended to read: 
           Subd. 16.  [OCCUPATIONAL THERAPY ASSISTANT.] Except as 
        provided in section 148.6410, subdivision 3, "Occupational 
        therapy assistant" means an individual who meets the 
        qualifications for an occupational therapy assistant in sections 
        148.6401 to 148.6450 and is licensed by the commissioner.  For 
        purposes of section 148.6410, subdivision 3, occupational 
        therapy assistant means the employment title of a natural person 
        before June 17, 1996. 
           Sec. 37.  Minnesota Statutes 2000, section 148.6420, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PERSONS APPLYING FOR LICENSURE UNDER SECTION 
        148.6408 OR 148.6410.] Persons applying for licensure under 
        section 148.6408, subdivisions 1 and 2, or 148.6410, 
        subdivisions 1 and 2, must submit the materials required in 
        subdivision 1 and the following: 
           (1) a certificate of successful completion of the 
        requirements in section 148.6408, subdivision 1, or 148.6410, 
        subdivision 1; and 
           (2) the applicant's test results from the examining agency, 
        as evidence that the applicant received a qualifying score on a 
        credentialing examination meeting the requirements of section 
        148.6408, subdivision 2, or 148.6410, subdivision 2. 
           Sec. 38.  Minnesota Statutes 2000, section 148.6420, 
        subdivision 4, is amended to read: 
           Subd. 4.  [APPLICANTS CREDENTIALED IN ANOTHER 
        JURISDICTION.] In addition to providing the materials required 
        in subdivision 1, an applicant credentialed in another 
        jurisdiction must request that the appropriate government body 
        in each jurisdiction in which the applicant holds or held an 
        occupational therapy credential send a letter to the 
        commissioner that verifies the applicant's credentials.  Except 
        as provided in section 148.6418, a license shall not be issued 
        until the commissioner receives letters verifying each of the 
        applicant's credentials.  Each letter must include the 
        applicant's name, and date of birth, credential number, and date 
        of issuance, a statement regarding investigations pending and 
        disciplinary actions taken or pending against the applicant, 
        current status of the credential, and the terms under which the 
        credential was issued. 
           Sec. 39.  Minnesota Statutes 2000, section 148.6425, 
        subdivision 2, is amended to read: 
           Subd. 2.  [LICENSURE RENEWAL AFTER LICENSURE EXPIRATION 
        DATE.] Except as provided in subdivision 4, An individual whose 
        application for licensure renewal is received after the 
        licensure expiration date must submit the following: 
           (1) a completed and signed application for licensure 
        following lapse in licensed status on forms provided by the 
        commissioner; 
           (2) the renewal fee and the late fee required under section 
        148.6445; 
           (3) proof of having met the continuing education 
        requirements since the individual's initial licensure or last 
        licensure renewal; and 
           (4) additional information as requested by the commissioner 
        to clarify information in the application, including information 
        to determine whether the individual has engaged in conduct 
        warranting disciplinary action as set forth in section 
        148.6448.  The information must be submitted within 30 days 
        after the commissioner's request. 
           Sec. 40.  Minnesota Statutes 2000, section 148.6425, 
        subdivision 3, is amended to read: 
           Subd. 3.  [LICENSURE RENEWAL FOUR YEARS OR MORE AFTER 
        LICENSURE EXPIRATION DATE.] (a) Except as provided in 
        subdivision 4, An individual who requests licensure renewal four 
        years or more after the licensure expiration date must submit 
        the following: 
           (1) a completed and signed application for licensure on 
        forms provided by the commissioner; 
           (2) the renewal fee and the late fee required under section 
        148.6445; 
           (3) proof of having met the continuing education 
        requirement for the most recently completed two-year continuing 
        education cycle; and 
           (4) at the time of the next licensure renewal, proof of 
        having met the continuing education requirement, which shall be 
        prorated based on the number of months licensed during the 
        biennial licensure period. 
           (b) In addition to the requirements in paragraph (a), the 
        applicant must submit proof of one of the following: 
           (1) verified documentation of successful completion of 160 
        hours of supervised practice approved by the commissioner as 
        described in paragraph (c); 
           (2) verified documentation of having achieved a qualifying 
        score on the credentialing examination for occupational 
        therapists or the credentialing examination for occupational 
        therapy assistants administered within the past year; or 
           (3) documentation of having completed a combination of 
        occupational therapy courses or an occupational therapy 
        refresher program that contains both a theoretical and clinical 
        component approved by the commissioner.  Only courses completed 
        within one year preceding the date of the application or one 
        year after the date of the application qualify for approval. 
           (c) To participate in a supervised practice as described in 
        paragraph (b), clause (1), the applicant shall obtain limited 
        licensure.  To apply for limited licensure, the applicant shall 
        submit the completed limited licensure application, fees, and 
        agreement for supervision of an occupational therapist or 
        occupational therapy assistant practicing under limited 
        licensure signed by the supervising therapist and the 
        applicant.  The supervising occupational therapist shall state 
        the proposed level of supervision on the supervision agreement 
        form provided by the commissioner.  The supervising therapist 
        shall determine the frequency and manner of supervision based on 
        the condition of the patient or client, the complexity of the 
        procedure, and the proficiencies of the supervised occupational 
        therapist.  At a minimum, a supervising occupational therapist 
        shall be on the premises at all times that the person practicing 
        under limited licensure is working; be in the room ten percent 
        of the hours worked each week by the person practicing under 
        provisional limited licensure; and provide daily face-to-face 
        collaboration for the purpose of observing service competency of 
        the occupational therapist or occupational therapy assistant, 
        discussing treatment procedures and each client's response to 
        treatment, and reviewing and modifying, as necessary, each 
        treatment plan.  The supervising therapist shall document the 
        supervision provided.  The occupational therapist participating 
        in a supervised practice is responsible for obtaining the 
        supervision required under this paragraph and must comply with 
        the commissioner's requirements for supervision during the 
        entire 160 hours of supervised practice.  The supervised 
        practice must be completed in two months and may be completed at 
        the applicant's place of work. 
           (d) In addition to the requirements in paragraphs (a) and 
        (b), the applicant must submit additional information as 
        requested by the commissioner to clarify information in the 
        application, including information to determine whether the 
        applicant has engaged in conduct warranting disciplinary action 
        as set forth in section 148.6448.  The information must be 
        submitted within 30 days after the commissioner's request. 
           Sec. 41.  Minnesota Statutes 2000, section 148.6448, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GROUNDS FOR DENIAL OF LICENSURE OR 
        DISCIPLINE.] The commissioner may deny an application for 
        licensure, may approve licensure with conditions, or may 
        discipline a licensee using any disciplinary actions listed in 
        subdivision 3 on proof that the individual has: 
           (1) intentionally submitted false or misleading information 
        to the commissioner or the advisory council; 
           (2) failed, within 30 days, to provide information in 
        response to a written request by the commissioner or advisory 
        council; 
           (3) performed services of an occupational therapist or 
        occupational therapy assistant in an incompetent manner or in a 
        manner that falls below the community standard of care; 
           (4) failed to satisfactorily perform occupational therapy 
        services during a period of provisional temporary licensure; 
           (5) violated sections 148.6401 to 148.6450; 
           (6) failed to perform services with reasonable judgment, 
        skill, or safety due to the use of alcohol or drugs, or other 
        physical or mental impairment; 
           (7) been convicted of violating any state or federal law, 
        rule, or regulation which directly relates to the practice of 
        occupational therapy; 
           (8) aided or abetted another person in violating any 
        provision of sections 148.6401 to 148.6450; 
           (9) been disciplined for conduct in the practice of an 
        occupation by the state of Minnesota, another jurisdiction, or a 
        national professional association, if any of the grounds for 
        discipline are the same or substantially equivalent to those in 
        sections 148.6401 to 148.6450; 
           (10) not cooperated with the commissioner or advisory 
        council in an investigation conducted according to subdivision 
        2; 
           (11) advertised in a manner that is false or misleading; 
           (12) engaged in dishonest, unethical, or unprofessional 
        conduct in connection with the practice of occupational therapy 
        that is likely to deceive, defraud, or harm the public; 
           (13) demonstrated a willful or careless disregard for the 
        health, welfare, or safety of a client; 
           (14) performed medical diagnosis or provided treatment, 
        other than occupational therapy, without being licensed to do so 
        under the laws of this state; 
           (15) paid or promised to pay a commission or part of a fee 
        to any person who contacts the occupational therapist for 
        consultation or sends patients to the occupational therapist for 
        treatment; 
           (16) engaged in an incentive payment arrangement, other 
        than that prohibited by clause (15), that promotes occupational 
        therapy overutilization, whereby the referring person or person 
        who controls the availability of occupational therapy services 
        to a client profits unreasonably as a result of client 
        treatment; 
           (17) engaged in abusive or fraudulent billing practices, 
        including violations of federal Medicare and Medicaid laws, Food 
        and Drug Administration regulations, or state medical assistance 
        laws; 
           (18) obtained money, property, or services from a consumer 
        through the use of undue influence, high pressure sales tactics, 
        harassment, duress, deception, or fraud; 
           (19) performed services for a client who had no possibility 
        of benefiting from the services; 
           (20) failed to refer a client for medical evaluation when 
        appropriate or when a client indicated symptoms associated with 
        diseases that could be medically or surgically treated; 
           (21) engaged in conduct with a client that is sexual or may 
        reasonably be interpreted by the client as sexual, or in any 
        verbal behavior that is seductive or sexually demeaning to a 
        patient; 
           (22) violated a federal or state court order, including a 
        conciliation court judgment, or a disciplinary order issued by 
        the commissioner, related to the person's occupational therapy 
        practice; or 
           (23) any other just cause related to the practice of 
        occupational therapy. 
           Sec. 42.  Minnesota Statutes 2000, section 153A.20, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [MEMBERSHIP.] The commissioner shall 
        appoint nine persons to a hearing instrument dispenser advisory 
        council. 
           (a) The nine persons must include: 
           (1) three public members, as defined in section 214.02.  At 
        least one of the public members shall be a hearing instrument 
        user and one of the public members shall be either a hearing 
        instrument user or an advocate of one; and 
           (2) three hearing instrument dispensers certified under 
        sections 153A.14 to 153A.20, each of whom is currently, and has 
        been for the five years immediately preceding their appointment, 
        engaged in hearing instrument dispensing in Minnesota and who 
        represent the occupation of hearing instrument dispensing and 
        who are not audiologists; and 
           (3) three audiologists who are certified hearing instrument 
        dispensers, or are registered as audiologists under Minnesota 
        Rules, chapter 4750, or if no rules are in effect, audiologists 
        who hold current certificates of clinical competence in 
        audiology from the American Speech-Language-Hearing Association 
        and who represent the occupation of audiology 148. 
           (b) The factors the commissioner may consider when 
        appointing advisory council members include, but are not limited 
        to, professional affiliation, geographical location, and type of 
        practice. 
           (c) No two members of the advisory council shall be 
        employees of, or have binding contracts requiring sales 
        exclusively for, the same hearing instrument manufacturer or the 
        same employer. 
           Sec. 43.  Minnesota Statutes 2000, section 168.012, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [VEHICLES EXEMPT FROM TAX AND REGISTRATION 
        FEES.] (a) The following vehicles are exempt from the provisions 
        of this chapter requiring payment of tax and registration fees, 
        except as provided in subdivision 1c:  
           (1) vehicles owned and used solely in the transaction of 
        official business by the federal government, the state, or any 
        political subdivision; 
           (2) vehicles owned and used exclusively by educational 
        institutions and used solely in the transportation of pupils to 
        and from such institutions; 
           (3) vehicles used solely in driver education programs at 
        nonpublic high schools; 
           (4) vehicles owned by nonprofit charities and used 
        exclusively to transport disabled persons for educational 
        purposes; 
           (5) vehicles owned and used by honorary consul; 
           (6) ambulances owned by ambulance services licensed under 
        section 144E.10, the general appearance of which is 
        unmistakable; and 
           (7) vehicles owned by a commercial driving school licensed 
        under section 171.34, or an employee of a commercial driving 
        school licensed under section 171.34, and the vehicle is used 
        exclusively for driver education and training. 
           (b) Vehicles owned by the federal government, municipal 
        fire apparatuses including fire-suppression support vehicles, 
        police patrols and ambulances, the general appearance of which 
        is unmistakable, shall not be required to register or display 
        number plates.  
           (c) Unmarked vehicles used in general police work, liquor 
        investigations, and arson investigations, and passenger 
        automobiles, pickup trucks, and buses owned or operated by the 
        department of corrections, shall be registered and shall display 
        appropriate license number plates which shall be furnished by 
        the registrar at cost.  Original and renewal applications for 
        these license plates authorized for use in general police work 
        and for use by the department of corrections must be accompanied 
        by a certification signed by the appropriate chief of police if 
        issued to a police vehicle, the appropriate sheriff if issued to 
        a sheriff's vehicle, the commissioner of corrections if issued 
        to a department of corrections vehicle, or the appropriate 
        officer in charge if issued to a vehicle of any other law 
        enforcement agency.  The certification must be on a form 
        prescribed by the commissioner and state that the vehicle will 
        be used exclusively for a purpose authorized by this section.  
           (d) Unmarked vehicles used by the departments of revenue 
        and labor and industry, fraud unit, in conducting seizures or 
        criminal investigations must be registered and must display 
        passenger vehicle classification license number plates which 
        shall be furnished at cost by the registrar.  Original and 
        renewal applications for these passenger vehicle license plates 
        must be accompanied by a certification signed by the 
        commissioner of revenue or the commissioner of labor and 
        industry.  The certification must be on a form prescribed by the 
        commissioner and state that the vehicles will be used 
        exclusively for the purposes authorized by this section. 
           (e) Unmarked vehicles used by the division of disease 
        prevention and control of the department of health must be 
        registered and must display passenger vehicle classification 
        license number plates.  These plates must be furnished at cost 
        by the registrar.  Original and renewal applications for these 
        passenger vehicle license plates must be accompanied by a 
        certification signed by the commissioner of health.  The 
        certification must be on a form prescribed by the commissioner 
        and state that the vehicles will be used exclusively for the 
        official duties of the division of disease prevention and 
        control.  
           (f) All other motor vehicles shall be registered and 
        display tax-exempt number plates which shall be furnished by the 
        registrar at cost, except as provided in subdivision 1c.  All 
        vehicles required to display tax-exempt number plates shall have 
        the name of the state department or political subdivision, 
        nonpublic high school operating a driver education program, or 
        licensed commercial driving school, on the vehicle plainly 
        displayed on both sides; except that each state hospital and 
        institution for the mentally ill and mentally retarded may have 
        one vehicle without the required identification on the sides of 
        the vehicle, and county social service agencies may have 
        vehicles used for child and vulnerable adult protective services 
        without the required identification on the sides of the 
        vehicle.  Such identification shall be in a color giving 
        contrast with that of the part of the vehicle on which it is 
        placed and shall endure throughout the term of the 
        registration.  The identification must not be on a removable 
        plate or placard and shall be kept clean and visible at all 
        times; except that a removable plate or placard may be utilized 
        on vehicles leased or loaned to a political subdivision or to a 
        nonpublic high school driver education program. 
           Sec. 44.  Minnesota Statutes 2000, section 171.173, is 
        amended to read: 
           171.173 [SUSPENSION; UNDERAGE DRINKING OFFENSE.] 
           The commissioner of public safety shall suspend the license 
        of any person convicted of or any juvenile adjudicated for an 
        offense under section 340A.503, subdivision 1, paragraph (a), 
        clause (2), if the court has notified the commissioner of a 
        determination made under section 340A.503, subdivision 1, 
        paragraph (c) 169A.33, subdivision 4.  The period of suspension 
        shall be for the applicable period specified in that paragraph 
        section 169A.33.  If the person does not have a license or if 
        the person's license is suspended or revoked at the time of the 
        conviction or adjudication, the commissioner shall, upon the 
        person's application for license issuance or reinstatement, 
        delay the issuance or reinstatement of the person's license for 
        the applicable time period specified in section 340A.503, 
        subdivision 1, paragraph (c) 169A.33.  Upon receipt of the 
        court's order, the commissioner is authorized to take the 
        licensing action without a hearing. 
           Sec. 45.  Minnesota Statutes 2000, section 204D.25, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [FORM.] Except as provided in subdivision 
        2, the county auditor shall prepare separate ballots for a 
        special primary and special election as required by sections 
        204D.17 to 204D.27.  The ballots shall be headed "Special 
        Primary Ballot" or "Special Election Ballot" as the case may be, 
        followed by the date of the special primary or special 
        election.  Immediately below the title of each office to be 
        filled shall be printed the words "To fill vacancy in term 
        expiring ..........," with the date of expiration of the term 
        and any other information that is necessary to distinguish the 
        office from any other office to be voted upon at the same 
        election.  For a special primary or special election, the 
        instructions to voters may use the singular tense form of the 
        word when referring to candidates and offices when only one 
        office is to be filled at the special election.  Otherwise the 
        form of the ballots shall comply as far as practicable with the 
        laws relating to ballots for state primaries and state general 
        elections.  The county auditor shall post a sample of each 
        ballot in the auditor's office as soon as prepared and not later 
        than four days before the special primary or special election.  
        Publication of the sample ballot for a special primary or 
        special election is not required. 
           Sec. 46.  Minnesota Statutes 2000, section 216B.2424, 
        subdivision 6, is amended to read: 
           Subd. 6.  [REMAINING MEGAWATT COMPLIANCE PROCESS.] (a) If 
        there remain megawatts of biomass power generating capacity to 
        fulfill the mandate in subdivision 5 after the commission has 
        taken final action on all contracts filed by September 1, 2000, 
        by a public utility, this subdivision governs final compliance 
        with the biomass energy mandate in subdivision 5 subject to the 
        requirements of subdivision subdivisions 7 and 8.  
           (b) To the extent not inconsistent with this subdivision, 
        the provisions of subdivisions 2, 3, 4, and 5 apply to proposals 
        subject to this subdivision. 
           (c) A public utility must submit proposals to the 
        commission to complete the biomass mandate.  The commission 
        shall require a public utility subject to this section to issue 
        a request for competitive proposals for projects for electric 
        generation utilizing biomass as defined in paragraph (f) of this 
        subdivision to provide the remaining megawatts of the mandate.  
        The commission shall set an expedited schedule for submission of 
        proposals to the utility, selection by the utility of proposals 
        or projects, negotiation of contracts, and review by the 
        commission of the contracts or projects submitted by the utility 
        to the commission. 
           (d) Notwithstanding the provisions of subdivisions 1 to 5 
        but subject to the provisions of subdivision subdivisions 7 and 
        8, a new or existing facility proposed under this subdivision 
        that is fueled either by biomass or by co-firing biomass with 
        nonbiomass may satisfy the mandate in this section.  Such a 
        facility need not use biomass that complies with the definition 
        in subdivision 1 if it uses biomass as defined in paragraph (f) 
        of this subdivision.  Generating capacity produced by co-firing 
        of biomass that is operational as of April 25, 2000, does not 
        meet the requirements of the mandate, except that additional 
        co-firing capacity added at an existing facility after April 25, 
        2000, may be used to satisfy this mandate.  Only the number of 
        megawatts of capacity at a facility which co-fires biomass that 
        are directly attributable to the biomass and that become 
        operational after April 25, 2000, count toward meeting the 
        biomass mandate in this section. 
           (e) Nothing in this subdivision precludes a facility 
        proposed and approved under this subdivision from using fuel 
        sources that are not biomass in compliance with subdivision 3. 
           (f) Notwithstanding the provisions of subdivision 1, for 
        proposals subject to this subdivision, "biomass" includes 
        farm-grown closed-loop biomass; agricultural wastes, including 
        animal, poultry, and plant wastes; and waste wood, including 
        chipped wood, bark, brush, residue wood, and sawdust. 
           (g) Nothing in this subdivision affects in any way 
        contracts entered into as of April 25, 2000, to satisfy the 
        mandate in subdivision 5.  
           (h) Nothing in this subdivision requires a public utility 
        to retrofit its own power plants for the purpose of co-firing 
        biomass fuel, nor is a utility prohibited from retrofitting its 
        own power plants for the purpose of co-firing biomass fuel to 
        meet the requirements of this subdivision. 
           Sec. 47.  Minnesota Statutes 2000, section 237.065, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [BASIC SERVICE; FLAT RATE.] Each telephone 
        company, including a company that has developed an incentive 
        plan under section 237.625, that provides local telephone 
        service in a service area that includes a school that has 
        classes within the range from kindergarten to 12th grade shall 
        provide, upon request, additional service to the school that is 
        sufficient to ensure access to basic telephone service from each 
        classroom and other areas within the school, as determined by 
        the school board.  Each company shall set a flat rate for this 
        additional service that is less than the company's flat rate for 
        an access line for a business and the same as or greater than 
        the company's flat rate for an access line for a residence in 
        the same local telephone service exchange.  When a company's 
        flat rates for businesses and residences are the same, the 
        company shall use the residential rate for service to schools 
        under this section.  The rate required under this section is 
        available only for a school that installs additional service 
        that includes access to basic telephone service from each 
        classroom and other areas within the school, as determined by 
        the school board. 
           Sec. 48.  Minnesota Statutes 2000, section 237.763, is 
        amended to read: 
           237.763 [EXEMPTION FROM RATE-OF-RETURN REGULATION AND RATE 
        INVESTIGATION.] 
           Except as provided in the plan and any subsequent plans, a 
        company that has an alternative regulation plan approved under 
        section 237.764, is not subject to the rate-of-return regulation 
        or earnings investigations provisions of section 237.075 or 
        237.081 during the term of the plan.  A company with an approved 
        plan is not subject to the provisions of section 237.57; 237.58; 
        237.59; 237.60, subdivisions 1, 2, 4, and 5; 237.62; 237.625; 
        237.63; or 237.65, during the term of the plan.  Except as 
        specifically provided in this section or in the approved plan, 
        the commission retains all of its authority under section 
        237.081 to investigate other matters and to issue appropriate 
        orders, and the department retains its authority under sections 
        216A.07 and 237.15 to investigate matters other than the 
        earnings of the company. 
           Sec. 49.  Minnesota Statutes 2000, section 237.764, 
        subdivision 3, is amended to read: 
           Subd. 3.  [EFFECT ON INCENTIVE PLAN.] The approval of a 
        plan under this section automatically terminates any existing 
        incentive plan previously approved under section 237.625, prior 
        to its expiration on August 1, 1999, upon the effective date of 
        the plan approved under this section, provided,.  However, the 
        company remains obligated to share earnings under the terms of 
        the incentive plan through the date of the termination of that 
        plan and also is required to complete the performance of any 
        other unexecuted commitments under the incentive plan. 
           Sec. 50.  Minnesota Statutes 2000, section 237.773, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITION.] For purposes of this section, 
        "small telephone company" means a local exchange telephone 
        company with fewer than 50,000 subscribers that has made an 
        election under subdivision 2 whether or not the company is 
        subject to sections 237.58, 237.59, and 237.60, subdivisions 1, 
        2, and 5, 237.62, and 237.625. 
           Sec. 51.  Minnesota Statutes 2000, section 256B.50, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SCOPE.] A provider may appeal from a 
        determination of a payment rate established pursuant to this 
        chapter and reimbursement rules of the commissioner if the 
        appeal, if successful, would result in a change to the 
        provider's payment rate or to the calculation of maximum charges 
        to therapy vendors as provided by section 256B.433, subdivision 
        3.  Appeals must be filed in accordance with procedures in this 
        section.  This section does not apply to a request from a 
        resident or long-term care facility for reconsideration of the 
        classification of a resident under section 144.0722 or 144.0723. 
           Sec. 52.  Minnesota Statutes 2000, section 260B.007, 
        subdivision 16, is amended to read: 
           Subd. 16.  [JUVENILE PETTY OFFENDER; JUVENILE PETTY 
        OFFENSE.] (a) "Juvenile petty offense" includes a juvenile 
        alcohol offense, a juvenile controlled substance offense, a 
        violation of section 609.685, or a violation of a local 
        ordinance, which by its terms prohibits conduct by a child under 
        the age of 18 years which would be lawful conduct if committed 
        by an adult.  
           (b) Except as otherwise provided in paragraph (c), 
        "juvenile petty offense" also includes an offense that would be 
        a misdemeanor if committed by an adult.  
           (c) "Juvenile petty offense" does not include any of the 
        following: 
           (1) a misdemeanor-level violation of section 588.20, 
        609.224, 609.2242, 609.324, 609.563, 609.576, 609.66, 609.746, 
        609.79, or 617.23; 
           (2) a major traffic offense or an adult court traffic 
        offense, as described in section 260B.225; 
           (3) a misdemeanor-level offense committed by a child whom 
        the juvenile court previously has found to have committed a 
        misdemeanor, gross misdemeanor, or felony offense; or 
           (4) a misdemeanor-level offense committed by a child whom 
        the juvenile court has found to have committed a 
        misdemeanor-level juvenile petty offense on two or more prior 
        occasions, unless the county attorney designates the child on 
        the petition as a juvenile petty offender notwithstanding this 
        prior record.  As used in this clause, "misdemeanor-level 
        juvenile petty offense" includes a misdemeanor-level offense 
        that would have been a juvenile petty offense if it had been 
        committed on or after July 1, 1995.  
           (d) A child who commits a juvenile petty offense is a 
        "juvenile petty offender." 
           Sec. 53.  Minnesota Statutes 2000, section 268.022, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DETERMINATION AND COLLECTION OF SPECIAL 
        ASSESSMENT.] (a) In addition to all other taxes, assessments, 
        and payment obligations under chapter 268, each employer, except 
        an employer making payments in lieu of taxes is liable for a 
        special assessment levied at the rate of one-tenth of one 
        percent per year until June 30, 2000, and seven-hundredths of 
        one percent per year on and after July 1, 2000, on all taxable 
        wages, as defined in section 268.04 268.035, subdivision 25b 
        24.  The assessment shall become due and be paid by each 
        employer to the department on the same schedule and in the same 
        manner as other taxes. 
           (b) The special assessment levied under this section shall 
        not affect the computation of any other taxes, assessments, or 
        payment obligations due under this chapter. 
           Sec. 54.  Minnesota Statutes 2000, section 268.6715, is 
        amended to read: 
           268.6715 [1997 MINNESOTA EMPLOYMENT AND ECONOMIC 
        DEVELOPMENT PROGRAM.] 
           The 1997 Minnesota employment and economic development 
        program is established to assist businesses and communities to 
        create jobs that provide the wages, benefits, and on-the-job 
        training opportunities necessary to help low-wage workers and 
        people transitioning from public assistance to get and retain 
        jobs, and to help their families to move out of poverty.  
        Employment obtained under this program is not excluded from the 
        definition of "employment" by section 268.04 268.035, 
        subdivision 12 20, clause (10), paragraph (d) (11). 
           Sec. 55.  Minnesota Statutes 2000, section 270.67, 
        subdivision 4, is amended to read: 
           Subd. 4.  [OFFER-IN-COMPROMISE AND INSTALLMENT PAYMENT 
        PROGRAM.] (a) In implementing the authority provided in 
        subdivision 1 2 or in section 8.30 to accept offers of 
        installment payments or offers-in-compromise of tax liabilities, 
        the commissioner of revenue shall prescribe guidelines for 
        employees of the department of revenue to determine whether an 
        offer-in-compromise or an offer to make installment payments is 
        adequate and should be accepted to resolve a dispute.  In 
        prescribing the guidelines, the commissioner shall develop and 
        publish schedules of national and local allowances designed to 
        provide that taxpayers entering into a compromise or payment 
        agreement have an adequate means to provide for basic living 
        expenses.  The guidelines must provide that the taxpayer's 
        ownership interest in a motor vehicle, to the extent of the 
        value allowed in section 550.37, will not be considered as an 
        asset; in the case of an offer related to a joint tax liability 
        of spouses, that value of two motor vehicles must be excluded.  
        The guidelines must provide that employees of the department 
        shall determine, on the basis of the facts and circumstances of 
        each taxpayer, whether the use of the schedules is appropriate 
        and that employees must not use the schedules to the extent the 
        use would result in the taxpayer not having adequate means to 
        provide for basic living expenses.  The guidelines must provide 
        that: 
           (1) an employee of the department shall not reject an 
        offer-in-compromise or an offer to make installment payments 
        from a low-income taxpayer solely on the basis of the amount of 
        the offer; and 
           (2) in the case of an offer-in-compromise which relates 
        only to issues of liability of the taxpayer: 
           (i) the offer must not be rejected solely because the 
        commissioner is unable to locate the taxpayer's return or return 
        information for verification of the liability; and 
           (ii) the taxpayer shall not be required to provide an 
        audited, reviewed, or compiled financial statement. 
           (b) The commissioner shall establish procedures: 
           (1) that require presentation of a counteroffer or a 
        written rejection of the offer by the commissioner if the amount 
        offered by the taxpayer in an offer-in-compromise or an offer to 
        make installment payments is not accepted by the commissioner; 
           (2) for an administrative review of any written rejection 
        of a proposed offer-in-compromise or installment agreement made 
        by a taxpayer under this section before the rejection is 
        communicated to the taxpayer; 
           (3) that allow a taxpayer to request reconsideration of any 
        written rejection of the offer or agreement to the commissioner 
        of revenue to determine whether the rejection is reasonable and 
        appropriate under the circumstances; and 
           (4) that provide for notification to the taxpayer when an 
        offer-in-compromise has been accepted, and issuance of 
        certificates of release of any liens imposed under section 
        270.69 related to the liability which is the subject of the 
        compromise. 
           Sec. 56.  Minnesota Statutes 2000, section 289A.18, 
        subdivision 4, is amended to read: 
           Subd. 4.  [SALES AND USE TAX RETURNS.] (a) Sales and use 
        tax returns must be filed on or before the 20th day of the month 
        following the close of the preceding reporting period, except 
        that annual use tax returns provided for under section 289A.11, 
        subdivision 1, must be filed by April 15 following the close of 
        the calendar year, in the case of individuals.  Annual use tax 
        returns of businesses, including sole proprietorships, and 
        annual sales tax returns must be filed by February 5 following 
        the close of the calendar year.  
           (b) Except for the return for the June reporting period, 
        which is due on the following August 25, returns filed by 
        retailers required to remit liabilities by means of funds 
        transfer under section 289A.20, subdivision 4, 
        paragraph (d) (c), are due on or before the 25th day of the 
        month following the close of the preceding reporting period.  
           (c) If a retailer has an average sales and use tax 
        liability, including local sales and use taxes administered by 
        the commissioner, equal to or less than $500 per month in any 
        quarter of a calendar year, and has substantially complied with 
        the tax laws during the preceding four calendar quarters, the 
        retailer may request authorization to file and pay the taxes 
        quarterly in subsequent calendar quarters.  The authorization 
        remains in effect during the period in which the retailer's 
        quarterly returns reflect sales and use tax liabilities of less 
        than $1,500 and there is continued compliance with state tax 
        laws. 
           (d) If a retailer has an average sales and use tax 
        liability, including local sales and use taxes administered by 
        the commissioner, equal to or less than $100 per month during a 
        calendar year, and has substantially complied with the tax laws 
        during that period, the retailer may request authorization to 
        file and pay the taxes annually in subsequent years.  The 
        authorization remains in effect during the period in which the 
        retailer's annual returns reflect sales and use tax liabilities 
        of less than $1,200 and there is continued compliance with state 
        tax laws. 
           (e) The commissioner may also grant quarterly or annual 
        filing and payment authorizations to retailers if the 
        commissioner concludes that the retailers' future tax 
        liabilities will be less than the monthly totals identified in 
        paragraphs (c) and (d).  An authorization granted under this 
        paragraph is subject to the same conditions as an authorization 
        granted under paragraphs (c) and (d). 
           (f) A taxpayer who is a materials supplier may report gross 
        receipts either on: 
           (1) the cash basis as the consideration is received; or 
           (2) the accrual basis as sales are made.  
        As used in this paragraph, "materials supplier" means a person 
        who provides materials for the improvement of real property; who 
        is primarily engaged in the sale of lumber and building 
        materials-related products to owners, contractors, 
        subcontractors, repairers, or consumers; who is authorized to 
        file a mechanics lien upon real property and improvements under 
        chapter 514; and who files with the commissioner an election to 
        file sales and use tax returns on the basis of this paragraph. 
           Sec. 57.  Minnesota Statutes 2000, section 289A.40, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [PROPERTY TAX REFUND CLAIMS.] A property tax 
        refund claim under chapter 290A is not allowed if the initial 
        claim is filed more than one year after the original due date 
        for filing the claim. 
           Sec. 58.  Minnesota Statutes 2000, section 289A.50, 
        subdivision 7, is amended to read: 
           Subd. 7.  [REMEDIES.] (a) If the taxpayer is notified by 
        the commissioner that the refund claim is denied in whole or in 
        part, the taxpayer may: 
           (1) file an administrative appeal as provided in section 
        289A.65, or an appeal with the tax court, within 60 days after 
        issuance of the commissioner's notice of denial; or 
           (2) file an action in the district court to recover the 
        refund. 
           (b) An action in the district court on a denied claim for 
        refund must be brought within 18 months of the date of the 
        denial of the claim by the commissioner. 
           (c) No action in the district court or the tax court shall 
        be brought within six months of the filing of the refund claim 
        unless the commissioner denies the claim within that period. 
           (d) If a taxpayer files a claim for refund and the 
        commissioner has not issued a denial of the claim, the taxpayer 
        may bring an action in the district court or the tax court at 
        any time after the expiration of six months of from the time the 
        claim was filed. 
           (e) The commissioner and the taxpayer may agree to extend 
        the period for bringing an action in the district court. 
           (f) An action for refund of tax by the taxpayer must be 
        brought in the district court of the district in which lies the 
        county of the taxpayer's residence or principal place of 
        business.  In the case of an estate or trust, the action must be 
        brought at the principal place of its administration.  Any 
        action may be brought in the district court for Ramsey county. 
           Sec. 59.  Minnesota Statutes 2000, section 289A.60, 
        subdivision 12, is amended to read: 
           Subd. 12.  [PENALTIES RELATING TO PROPERTY TAX REFUNDS.] 
        (a) If the commissioner determines that a property tax refund 
        claim is or was excessive and was filed with fraudulent intent, 
        the claim must be disallowed in full.  If the claim has been 
        paid, the amount disallowed may be recovered by assessment and 
        collection. 
           (b) If it is determined that a property tax refund claim is 
        excessive and was negligently prepared, ten percent of the 
        corrected claim must be disallowed.  If the claim has been paid, 
        the amount disallowed must be recovered by assessment and 
        collection.  
           (c) An owner who without reasonable cause fails to give a 
        certificate of rent constituting property tax to a renter, as 
        required by section 290A.19, paragraph (a), is liable to the 
        commissioner for a penalty of $100 for each failure. 
           (d) If the owner or managing agent knowingly gives rent 
        certificates that report total rent constituting property taxes 
        in excess of the amount of actual rent constituting property 
        taxes paid on the rented part of a property, the owner or 
        managing agent is liable for a penalty equal to the greater of 
        (1) $100 or (2) 50 percent of the excess that is reported.  An 
        overstatement of rent constituting property taxes is presumed to 
        be knowingly made if it exceeds by ten percent or more the 
        actual rent constituting property taxes. 
           (e) No claim is allowed if the initial claim is filed more 
        than one year after the original due date for filing the claim. 
           Sec. 60.  Minnesota Statutes 2000, section 289A.60, 
        subdivision 21, is amended to read: 
           Subd. 21.  [PENALTY FOR FAILURE TO MAKE PAYMENT BY 
        ELECTRONIC FUNDS TRANSFER.] In addition to other applicable 
        penalties imposed by this section, after notification from the 
        commissioner to the taxpayer that payments are required to be 
        made by means of electronic funds transfer under section 
        289A.20, subdivision 2, paragraph (e), or 4, paragraph (d) (c), 
        or 289A.26, subdivision 2a, and the payments are remitted by 
        some other means, there is a penalty in the amount of five 
        percent of each payment that should have been remitted 
        electronically.  The penalty can be abated under the abatement 
        procedures prescribed in section 270.07, subdivision 6, if the 
        failure to remit the payment electronically is due to reasonable 
        cause. 
           Sec. 61.  Minnesota Statutes 2000, section 297I.60, 
        subdivision 2, is amended to read: 
           Subd. 2.  [REMEDIES.] (a) If the taxpayer is notified that 
        the refund claim is denied in whole or in part, the taxpayer may 
        contest the denial by: 
           (1) filing an administrative appeal with the commissioner 
        under section 297I.95; 
           (2) filing an appeal in tax court within 60 days of the 
        date of the notice of denial; or 
           (3) filing an action in the district court to recover the 
        refund. 
           (b) An action in the district court must be brought within 
        18 months following the date of the notice of denial.  An action 
        for refund of tax or surcharge must be brought in the district 
        court of the district in which lies the taxpayer's principal 
        place of business or in the district court for Ramsey county.  
        If a taxpayer files a claim for refund and the commissioner has 
        not issued a denial of the claim, the taxpayer may bring an 
        action in the district court or the tax court at any time after 
        the expiration of six months of from the time the claim was 
        filed. 
           Sec. 62.  Minnesota Statutes 2000, section 299C.67, 
        subdivision 2, is amended to read: 
           Subd. 2.  [BACKGROUND CHECK CRIME.] "Background check 
        crime" means: 
           (a)(1) a felony violation of section 609.185 (first degree 
        murder); 609.19 (second degree murder); 609.20 (first degree 
        manslaughter); 609.221 (first degree assault); 609.222 (second 
        degree assault); 609.223 (third degree assault); 609.25 
        (kidnapping); 609.342 (first degree criminal sexual conduct); 
        609.343 (second degree criminal sexual conduct); 609.344 (third 
        degree criminal sexual conduct); 609.345 (fourth degree criminal 
        sexual conduct); 609.561 (first degree arson); or 609.749 
        (harassment and stalking); 
           (2) an attempt to commit a crime in clause (1); or 
           (3) a conviction for a crime in another jurisdiction that 
        would be a violation under clause (1) or an attempt under clause 
        (1) (2) in this state; or 
           (b)(1) a felony violation of section 609.195 (third degree 
        murder); 609.205 (second degree manslaughter); 609.21 (criminal 
        vehicular homicide and injury); 609.2231 (fourth degree 
        assault); 609.224 (fifth degree assault); 609.24 (simple 
        robbery); 609.245 (aggravated robbery); 609.255 (false 
        imprisonment); 609.52 (theft); 609.582, subdivision 1 or 2 
        (burglary); 609.713 (terroristic threats); or a nonfelony 
        violation of section 609.749 (harassment and stalking); 
           (2) an attempt to commit a crime in clause (1); or 
           (3) a conviction for a crime in another jurisdiction that 
        would be a violation under clause (1) or an attempt under clause 
        (1) (2) in this state. 
           Sec. 63.  Minnesota Statutes 2000, section 299N.02, 
        subdivision 2, is amended to read: 
           Subd. 2.  [TERMS; CHAIR; COMPENSATION.] Members of the 
        board shall serve for terms of four years and annually elect a 
        chair from among the members.  Terms and filling of vacancies 
        are subject to section 15.0575, subdivisions 3 to 2, 4, and 5.  
        Members serve without compensation. 
           Sec. 64.  Minnesota Statutes 2000, section 322B.960, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ANNUAL REGISTRATION FORM.] Each calendar 
        year beginning in the calendar year following the calendar year 
        in which a limited liability company files articles of 
        organization, the secretary of state must mail by first class 
        mail an annual registration form to the registered office of 
        each limited liability company as shown on the records of the 
        secretary of state.  The form must include the following notice: 
           "NOTICE:  Failure to file this form by December 31 of this 
        year will result in the dissolution termination or revocation of 
        this limited liability company without further notice from the 
        secretary of state, pursuant to Minnesota Statutes, section 
        322B.960." 
           Sec. 65.  Minnesota Statutes 2000, section 356.371, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] As used in this section, the 
        following terms shall have the meanings given. 
           (1) "Annuity form" means the payment procedure and duration 
        of a retirement annuity or disability benefit available to a 
        member of a public pension fund, based on the period over which 
        a retirement annuity or disability benefit is payable, 
        determined by the number of persons to whom the retirement 
        annuity or disability benefit is payable, and the amount of the 
        retirement annuity or disability benefit which is payable to 
        each person. 
           (2) "Joint and survivor optional annuity" means an optional 
        annuity form which provides a retirement annuity or disability 
        benefit to a retired member and the spouse of the member on a 
        joint basis during the lifetime of the retired member and all or 
        a portion of the original retirement annuity or disability 
        benefit amount to the surviving spouse in the event of the death 
        of the retired member. 
           (3) "Optional annuity form" means an annuity form which is 
        elected by a member and is not provided automatically as the 
        standard annuity form of the public pension fund. 
           (4) "Public pension fund" means a public pension plan as 
        defined pursuant to section 356.61 356.615, paragraph (b). 
           (5) "Retirement annuity" means a series of monthly payments 
        to which a former or retired member of a public pension fund is 
        entitled on account of attaining a specified age and acquiring 
        credit for a specified period of service, which shall include a 
        retirement annuity, retirement allowance or service pension.  
           (6) "Disability benefit" means a series of monthly payments 
        to which a former or disabled member of a public pension fund is 
        entitled on account of a physical or mental inability to engage 
        in specified employment. 
           Sec. 66.  Minnesota Statutes 2000, section 356.62, is 
        amended to read: 
           356.62 [PAYMENT OF EMPLOYEE CONTRIBUTION.] 
           For purposes of any public pension plan, as defined in 
        section 356.61 365.615, paragraph (b), each employer shall pick 
        up the employee contributions required pursuant to law or the 
        pension plan for all salary payable after December 31, 1982.  If 
        the United States Treasury department rules that pursuant to 
        section 414(h) of the Internal Revenue Code of 1986, as amended 
        through December 31, 1992, that these picked up contributions 
        are not includable in the employee's adjusted gross income until 
        they are distributed or made available, then these picked up 
        contributions shall be treated as employer contributions in 
        determining tax treatment pursuant to the Internal Revenue Code 
        of 1986, as amended through December 31, 1992, and the employer 
        shall discontinue withholding federal income taxes on the amount 
        of these contributions.  The employer shall pay these picked up 
        contributions from the same source of funds as is used to pay 
        the salary of the employee.  The employer shall pick up these 
        employee contributions by a reduction in the cash salary of the 
        employee. 
           Employee contributions that are picked up shall be treated 
        for all purposes of the public pension plan in the same manner 
        and to the same extent as employee contributions that were made 
        prior to the date on which the employee contributions pick up 
        began.  The amount of the employee contributions that are picked 
        up shall be included in the salary upon which retirement 
        coverage is credited and retirement and survivor's benefits are 
        determined.  For purposes of this section, "employee" means any 
        person covered by a public pension plan.  For purposes of this 
        section, "employee contributions" include any sums deducted from 
        the employee's salary or wages or otherwise paid in lieu 
        thereof, regardless of whether they are denominated 
        contributions by the public pension plan. 
           For any calendar year in which withholding has been reduced 
        pursuant to this section, the employing unit shall supply each 
        employee and the commissioner of revenue with an information 
        return indicating the amount of the employer's picked-up 
        contributions for the calendar year that were not subject to 
        withholding.  This return shall be provided to the employee not 
        later than January 31 of the succeeding calendar year.  The 
        commissioner of revenue shall prescribe the form of the return 
        and the provisions of section 289A.12 shall apply to the extent 
        not inconsistent with the provisions of this section. 
           Sec. 67.  Minnesota Statutes 2000, section 356.65, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] For purposes of this 
        section, unless the context clearly indicates otherwise, the 
        following terms shall have the meanings given to them:  
           (a) "Public pension fund" means any public pension plan as 
        defined in section 356.61 356.615, paragraph (b), and any 
        Minnesota volunteer firefighters relief association which is 
        established pursuant to chapter 424A and governed pursuant to 
        sections 69.771 to 69.776. 
           (b) "Unclaimed public pension fund amounts" means any 
        amounts representing accumulated member contributions, any 
        outstanding unpaid annuity, service pension or other retirement 
        benefit payments, including those made on warrants issued by the 
        commissioner of finance, which have been issued and delivered 
        for more than six months prior to the date of the end of the 
        fiscal year applicable to the public pension fund, and any 
        applicable interest to the credit of:  
           (1) an inactive or former member of a public pension fund 
        who is not entitled to a defined retirement annuity and who has 
        not applied for a refund of those amounts within five years 
        after the last member contribution was made; 
           (2) a deceased inactive or former member of a public 
        pension fund if no survivor is entitled to a survivor benefit 
        and no survivor, designated beneficiary or legal representative 
        of the estate has applied for a refund of those amounts within 
        five years after the date of death of the inactive or former 
        member. 
           Sec. 68.  Minnesota Statutes 2000, section 401.06, is 
        amended to read: 
           401.06 [COMPREHENSIVE PLAN; STANDARDS OF ELIGIBILITY; 
        COMPLIANCE.] 
           No county or group of counties electing to provide 
        correctional services pursuant to sections 401.01 to 401.16 
        shall be eligible for the subsidy herein provided unless and 
        until its comprehensive plan shall have been approved by the 
        commissioner.  The commissioner shall, pursuant to the 
        administrative procedure act, promulgate rules establishing 
        standards of eligibility for counties to receive funds under 
        sections 401.01 to 401.16.  To remain eligible for subsidy 
        counties shall maintain substantial compliance with the minimum 
        standards established pursuant to sections 401.01 to 401.16 and 
        the policies and procedures governing the services described in 
        section 401.02, subdivision 4 401.025 as prescribed by the 
        commissioner.  Counties shall also be in substantial compliance 
        with other correctional operating standards permitted by law and 
        established by the commissioner.  The commissioner shall review 
        annually the comprehensive plans submitted by participating 
        counties, including the facilities and programs operated under 
        the plans.  The commissioner is hereby authorized to enter upon 
        any facility operated under the plan, and inspect books and 
        records, for purposes of recommending needed changes or 
        improvements. 
           When the commissioner shall determine that there are 
        reasonable grounds to believe that a county or group of counties 
        is not in substantial compliance with minimum standards, at 
        least 30 days' notice shall be given the county or counties and 
        a hearing conducted by the commissioner to ascertain whether 
        there is substantial compliance or satisfactory progress being 
        made toward compliance.  The commissioner may suspend all or a 
        portion of any subsidy until the required standard of operation 
        has been met. 
           Sec. 69.  Minnesota Statutes 2000, section 462.352, 
        subdivision 5, is amended to read: 
           Subd. 5.  [COMPREHENSIVE MUNICIPAL PLAN.] "Comprehensive 
        municipal plan" means a compilation of policy statements, goals, 
        standards, and maps for guiding the physical, social and 
        economic development, both private and public, of the 
        municipality and its environs, including air space and 
        subsurface areas necessary for mined underground space 
        development pursuant to sections 469.135 to 469.141, and may 
        include, but is not limited to, the following:  statements of 
        policies, goals, standards, a land use plan, including proposed 
        densities for development, a community facilities plan, a 
        transportation plan, and recommendations for plan execution.  A 
        comprehensive plan represents the planning agency's 
        recommendations for the future development of the community.  
           Sec. 70.  Minnesota Statutes 2000, section 462.352, 
        subdivision 7, is amended to read: 
           Subd. 7.  [TRANSPORTATION PLAN.] "Transportation plan" 
        means a compilation of policy statements, goals, standards, maps 
        and action programs for guiding the future development of the 
        various modes of transportation of the municipality and its 
        environs, including air space and subsurface areas necessary for 
        mined underground space development pursuant to sections 469.135 
        to 469.141, such as streets and highways, mass transit, 
        railroads, air transportation, trucking and water 
        transportation, and includes a major thoroughfare plan.  
           Sec. 71.  Minnesota Statutes 2000, section 462.352, 
        subdivision 9, is amended to read: 
           Subd. 9.  [CAPITAL IMPROVEMENT PROGRAM.] "Capital 
        improvement program" means an itemized program setting forth the 
        schedule and details of specific contemplated public 
        improvements by fiscal year, including public improvements in or 
        related to air space and subsurface areas necessary for mined 
        underground space development pursuant to sections 469.135 to 
        469.141, together with their estimated cost, the justification 
        for each improvement, the impact that such improvements will 
        have on the current operating expense of the municipality, and 
        such other information on capital improvements as may be 
        pertinent.  
           Sec. 72.  Minnesota Statutes 2000, section 462.352, 
        subdivision 10, is amended to read: 
           Subd. 10.  [OFFICIAL MAP.] "Official map" means a map 
        adopted in accordance with section 462.359 which may show 
        existing and proposed future streets, roads, and highways of the 
        municipality and county, the area needed for widening of 
        existing streets, roads, and highways of the municipality and 
        county, existing and proposed air space and subsurface areas 
        necessary for mined underground space development pursuant to 
        sections 469.135 to 469.141, and existing and future county 
        state aid highways and state trunk highway rights-of-way.  An 
        official map may also show the location of existing and future 
        public land and facilities within the municipality.  In counties 
        in the metropolitan area as defined in section 473.121, official 
        maps may for a period of up to five years designate the 
        boundaries of areas reserved for purposes of soil conservation, 
        water supply conservation, flood control and surface water 
        drainage and removal including appropriate regulations 
        protecting such areas against encroachment by buildings, other 
        physical structures or facilities. 
           Sec. 73.  Minnesota Statutes 2000, section 462.352, 
        subdivision 15, is amended to read: 
           Subd. 15.  [OFFICIAL CONTROLS.] "Official controls" or 
        "controls" means ordinances and regulations which control the 
        physical development of a city, county or town or any part 
        thereof including air space and subsurface areas necessary for 
        mined underground space development pursuant to sections 469.135 
        to 469.141, or any detail thereof and implement the general 
        objectives of the comprehensive plan.  Official controls may 
        include ordinances establishing zoning, subdivision controls, 
        site plan regulations, sanitary codes, building codes and 
        official maps. 
           Sec. 74.  Minnesota Statutes 2000, section 462.358, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [TERMS OF REGULATIONS.] The standards and 
        requirements in the regulations may address without limitation:  
        the size, location, grading, and improvement of lots, 
        structures, public areas, streets, roads, trails, walkways, 
        curbs and gutters, water supply, storm drainage, lighting, 
        sewers, electricity, gas, and other utilities; the planning and 
        design of sites; access to solar energy; and the protection and 
        conservation of flood plains, shore lands, soils, water, 
        vegetation, energy, air quality, and geologic and ecologic 
        features.  The regulations shall require that subdivisions be 
        consistent with the municipality's official map if one exists 
        and its zoning ordinance, and may require consistency with other 
        official controls and the comprehensive plan.  The regulations 
        may prohibit certain classes or kinds of subdivisions in areas 
        where prohibition is consistent with the comprehensive plan and 
        the purposes of this section, particularly the preservation of 
        agricultural lands.  The regulations may prohibit, restrict or 
        control development for the purpose of protecting and assuring 
        access to direct sunlight for solar energy systems.  The 
        regulations may prohibit, restrict, or control surface, above 
        surface, or subsurface development for the purpose of protecting 
        subsurface areas for existing or potential mined underground 
        space development pursuant to sections 469.135 to 469.141, and 
        access thereto.  The regulations may prohibit the issuance of 
        permits or approvals for any tracts, lots, or parcels for which 
        required subdivision approval has not been obtained.  
           The regulations may permit the municipality to condition 
        its approval on the construction and installation of sewers, 
        streets, electric, gas, drainage, and water facilities, and 
        similar utilities and improvements or, in lieu thereof, on the 
        receipt by the municipality of a cash deposit, certified check, 
        irrevocable letter of credit, or bond in an amount and with 
        surety and conditions sufficient to assure the municipality that 
        the utilities and improvements will be constructed or installed 
        according to the specifications of the municipality.  Sections 
        471.345 and 574.26 do not apply to improvements made by a 
        subdivider or a subdivider's contractor. 
           The regulations may permit the municipality to condition 
        its approval on compliance with other requirements reasonably 
        related to the provisions of the regulations and to execute 
        development contracts embodying the terms and conditions of 
        approval.  The municipality may enforce such agreements and 
        conditions by appropriate legal and equitable remedies. 
           Sec. 75.  Minnesota Statutes 2000, section 469.126, 
        subdivision 2, is amended to read: 
           Subd. 2.  [POWERS.] Within these districts the city may: 
           (1) adopt a development program consistent with which the 
        city may acquire, construct, reconstruct, improve, alter, 
        extend, operate, maintain, or promote developments aimed at 
        improving the physical facilities, quality of life, and quality 
        of transportation; 
           (2) acquire land or easements through negotiation or 
        through powers of eminent domain; 
           (3) adopt ordinances regulating traffic in pedestrian 
        skyway systems, public parking structures, and other facilities 
        constructed within the development district.  Traffic 
        regulations may include direction and speed of traffic, policing 
        of pedestrianways, hours that pedestrianways are open to the 
        public, kinds of service activities that will be allowed in 
        arcades, parks, and plazas, and rates to be charged in the 
        parking structures; 
           (4) adopt ordinances regulating access to pedestrian skyway 
        systems and the conditions under which such access is allowed; 
           (5) designate districts for mined underground space 
        development under sections 469.135 to 469.141; 
           (6) require private developers to construct buildings so as 
        to accommodate and support pedestrian systems which are part of 
        the program for the development district.  When the city 
        requires the developer to construct columns, beams, or girders 
        with greater strength than required for normal building 
        purposes, the city shall reimburse the developer for the added 
        expense from development district funds; 
           (7) (6) install special lighting systems, special street 
        signs and street furniture, special landscaping of streets and 
        public property, and special snow removal systems; 
           (8) (7) acquire property for the district; 
           (9) (8) lease or sell air rights over public buildings and 
        spend public funds for constructing the foundations and columns 
        in the public buildings strong enough to support the buildings 
        to be constructed on air rights; 
           (10) (9) lease all or portions of basement, ground, and 
        second floors of the public buildings constructed in the 
        district; and 
           (11) (10) negotiate the sale or lease of property for 
        private development if the development is consistent with the 
        development program for the district. 
           Sec. 76.  Minnesota Statutes 2000, section 469.301, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERALLY.] In sections 469.301 to 469.308 
        469.304, the terms defined in this section have the meanings 
        given them, unless the context indicates a different meaning. 
           Sec. 77.  Minnesota Statutes 2000, section 469.304, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SUBMISSION OF APPLICATIONS.] An applicant 
        may seek enterprise zone designation by submitting an 
        application to the commissioner.  The commissioner shall 
        establish procedures and forms for the submission of 
        applications for enterprise zone designation.  The commissioner 
        may promulgate rules for the administration of the program.  The 
        commissioner of revenue shall establish a schedule to determine 
        the tax credits in section 469.305. 
           Sec. 78.  Minnesota Statutes 2000, section 471.59, 
        subdivision 11, is amended to read: 
           Subd. 11.  [JOINT POWERS BOARD.] (a) Two or more 
        governmental units, through action of their governing bodies, by 
        adoption of a joint powers agreement that complies with the 
        provisions of subdivisions 1 to 5, may establish a joint board 
        to issue bonds or obligations under any law by which any of the 
        governmental units establishing the joint board may 
        independently issue bonds or obligations and may use the 
        proceeds of the bonds or obligations to carry out the purposes 
        of the law under which the bonds or obligations are issued.  A 
        joint board established under this section may issue obligations 
        and other forms of indebtedness only in accordance with express 
        authority granted by the action of the governing bodies of the 
        governmental units that established the joint board.  Except as 
        provided in paragraph paragraphs (b) and (c), the joint board 
        established under this subdivision must be composed solely of 
        members of the governing bodies of the governmental unit that 
        established the joint board.  A joint board established under 
        this subdivision may not pledge the full faith and credit or 
        taxing power of any of the governmental units that established 
        the joint board.  The obligations or other forms of indebtedness 
        must be obligations of the joint board issued on behalf of the 
        governmental units creating the joint board.  The obligations or 
        other forms of indebtedness must be issued in the same manner 
        and subject to the same conditions and limitations that would 
        apply if the obligations were issued or indebtedness incurred by 
        one of the governmental units that established the joint board, 
        provided that any reference to a governmental unit in the 
        statute, law, or charter provision authorizing the issuance of 
        the bonds or the incurring of the indebtedness is considered a 
        reference to the joint board. 
           (b) Notwithstanding paragraph (a), one school district, one 
        county, and one public health entity, through action of their 
        governing bodies, may establish a joint board to establish and 
        govern a family services collaborative under section 124D.23.  
        The school district, county, and public health entity may 
        include other governmental entities at their discretion.  The 
        membership of a board established under this paragraph, in 
        addition to members of the governing bodies of the participating 
        governmental units, must include the representation required by 
        section 124D.23, subdivision 1, paragraph (a), selected in 
        accordance with section 124D.23, subdivision 1, paragraph (c). 
           (c) Notwithstanding paragraph (a), counties, school 
        districts, and mental health entities, through action of their 
        governing bodies, may establish a joint board to establish and 
        govern a children's mental health collaborative under sections 
        245.491 to 245.496, or a collaborative established by the merger 
        of a children's mental health collaborative and a family 
        services collaborative under section 124D.23.  The county, 
        school district, and mental health entities may include other 
        entities at their discretion.  The membership of a board 
        established under this paragraph, in addition to members of the 
        governing bodies of the participating governmental units, must 
        include the representation provided by section 245.493, 
        subdivision 1. 
           Sec. 79.  Minnesota Statutes 2000, section 473.901, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [COSTS COVERED BY FEE.] For each fiscal 
        year beginning with the fiscal year commencing July 1, 1997, the 
        amount necessary to pay the following costs is appropriated to 
        the commissioner of administration from the 911 emergency 
        telephone service account established under section 403.11: 
           (1) debt service costs and reserves for bonds issued 
        pursuant to section 473.898; 
           (2) repayment of the right-of-way acquisition loans; 
           (3) costs of design, construction, maintenance of, and 
        improvements to those elements of the first phase that support 
        mutual aid communications and emergency medical services; or 
           (4) recurring charges for leased sites and equipment for 
        those elements of the first phase that support actual mutual aid 
        and emergency medical communication services. 
           This appropriation shall be used to pay annual debt service 
        costs and reserves for bonds issued pursuant to section 473.898 
        prior to use of fee money to pay other costs eligible under this 
        subdivision.  In no event shall the appropriation for each 
        fiscal year exceed an amount equal to four cents a month for 
        each customer access line or other basic access service, 
        including trunk equivalents as designated by the public 
        utilities commission for access charge purposes and including 
        cellular and other nonwire access services, in the fiscal year. 
           Sec. 80.  Minnesota Statutes 2000, section 504B.181, 
        subdivision 4, is amended to read: 
           Subd. 4.  [INFORMATION REQUIRED FOR MAINTENANCE OF ACTION.] 
        Except as otherwise provided in this subdivision, no action to 
        recover rent or possession of the premises shall be maintained 
        unless the information required by this section has been 
        disclosed to the tenant in the manner provided in this section, 
        or unless the information required by this section is known by 
        or has been disclosed to the tenant at least 30 days prior to 
        the initiation of such action.  Failure by the landlord to post 
        a notice required by subdivision 2, paragraph (b), or section 
        471.9995 shall not prevent any action to recover rent or 
        possession of the premises. 
           Sec. 81.  Minnesota Statutes 2000, section 504B.365, 
        subdivision 3, is amended to read: 
           Subd. 3.  [REMOVAL AND STORAGE OF PROPERTY.] (a) If the 
        defendant's personal property is to be stored in a place other 
        than the premises, the officer shall remove all personal 
        property of the defendant at the expense of the plaintiff. 
           (b) The defendant must make immediate payment for all 
        expenses of removing personal property from the premises.  If 
        the defendant fails or refuses to do so, the plaintiff has a 
        lien on all the personal property for the reasonable costs and 
        expenses incurred in removing, caring for, storing, and 
        transporting it to a suitable storage place. 
           (c) The plaintiff may enforce the lien by detaining the 
        personal property until paid.  If no payment has been made for 
        60 days after the execution of the order to vacate, the 
        plaintiff may hold a public sale as provided in sections 514.18 
        to 514.22. 
           (d) If the defendant's personal property is to be stored on 
        the premises, the officer shall enter the premises, breaking in 
        if necessary, and the plaintiff may remove the defendant's 
        personal property.  Section 504B.271 applies to personal 
        property removed under this paragraph.  The plaintiff must 
        prepare an inventory and mail a copy of the inventory to the 
        defendant's last known address or, if the defendant has provided 
        a different address, to the address provided.  The inventory 
        must be prepared, signed, and dated in the presence of the 
        officer and must include the following: 
           (1) a list of the items of personal property and a 
        description of their condition; 
           (2) the date, the signature of the defendant plaintiff or 
        the defendant's plaintiff's agent, and the name and telephone 
        number of a person authorized to release the personal property; 
        and 
           (3) the name and badge number of the officer. 
           (e) The officer must retain a copy of the inventory. 
           (f) The plaintiff is responsible for the proper removal, 
        storage, and care of the defendant's personal property and is 
        liable for damages for loss of or injury to it caused by the 
        plaintiff's failure to exercise the same care that a reasonably 
        careful person would exercise under similar circumstances. 
           (g) The plaintiff shall notify the defendant of the date 
        and approximate time the officer is scheduled to remove the 
        defendant, family, and personal property from the premises.  The 
        notice must be sent by first class mail.  In addition, the 
        plaintiff must make a good faith effort to notify the defendant 
        by telephone.  The notice must be mailed as soon as the 
        information regarding the date and approximate time the officer 
        is scheduled to enforce the order is known to the plaintiff, 
        except that the scheduling of the officer to enforce the order 
        need not be delayed because of the notice requirement.  The 
        notice must inform the defendant that the defendant and the 
        defendant's personal property will be removed from the premises 
        if the defendant has not vacated the premises by the time 
        specified in the notice. 
           Sec. 82.  Minnesota Statutes 2000, section 515B.1-102, is 
        amended to read: 
           515B.1-102 [APPLICABILITY.] 
           (a) Except as provided in this section, this chapter, and 
        not chapters 515 and 515A, applies to all common interest 
        communities created within this state on and after June 1, 1994. 
           (b) The applicability of this chapter to common interest 
        communities created prior to June 1, 1994, shall be as follows:  
           (1) This chapter shall apply to condominiums created under 
        chapter 515A with respect to events and circumstances occurring 
        on and after June 1, 1994; provided (i) that this chapter shall 
        not invalidate the declarations, bylaws or condominium plats of 
        those condominiums, and (ii) that chapter 515A, and not this 
        chapter, shall govern all rights and obligations of a declarant 
        of a condominium created under chapter 515A, and the rights and 
        claims of unit owners against that declarant. 
           (2) The following sections in this chapter apply to 
        condominiums created under chapter 515:  515B.1-104 (Variation 
        by Agreement); 515B.1-105 (Separate Titles and Taxation); 
        515B.1-106 (Applicability of Local Ordinances, Regulations, and 
        Building Codes); 515B.1-107 (Eminent Domain); 515B.1-108 
        (Supplemental General Principles of Law Applicable); 515B.1-109 
        (Construction Against Implicit Repeal); 515B.1-111 
        (Severability); 515B.1-112 (Unconscionable Agreement or Term of 
        Contract); 515B.1-113 (Obligation of Good Faith); 515B.1-114 
        (Remedies to be Liberally Administered); 515B.1-115 (Notice); 
        515B.1-116 (Recording); 515B.2-103 (Construction and Validity of 
        Declaration and Bylaws); 515B.2-104 (Description of Units); 
        515B.2-108(d) (Allocation of Interests); 515B.2-109(c) (Common 
        Elements and Limited Common Elements); 515B.2-112 (Subdivision 
        or Conversion of Units); 515B.2-113 (Alteration of Units); 
        515B.2-114 (Relocation of Boundaries Between Adjoining Units); 
        515B.2-115 (Minor Variations in Boundaries); 515B.2-118 
        (Amendment of Declaration); 515B.3-102 (Powers of Unit Owners' 
        Association); 515B.3-103(a), (b), and (g) (Board; Directors and 
        Officers; Period of Declarant Control); 515B.3-107 (Upkeep of 
        Common Interest Community); 515B.3-108 (Meetings); 515B.3-109 
        (Quorums); 515B.3-110 (Voting; Proxies); 515B.3-111 (Tort and 
        Contract Liability); 515B.3-112 (Conveyance or Encumbrance of 
        Common Elements); 515B.3-113 (Insurance); 515B.3-114 (Reserves; 
        Surplus Funds); 515B.3-115 (c), (e), (f), (g), (h), and (i) 
        (Assessments for Common Expenses); 515B.3-116 (Lien for 
        Assessments); 515B.3-117 (Other Liens); 515B.3-118 (Association 
        Records); 515B.3-119 (Association as Trustee); 515B.3-121 
        (Accounting Controls); 515B.4-107 (Resale of Units); 515B.4-108 
        (Purchaser's Right to Cancel Resale); and 515B.4-116 (Rights of 
        Action; Attorney's Fees).  Section 515B.1-103 (Definitions) 
        shall apply to the extent necessary in construing any of the 
        sections referenced in this section.  Sections 515B.1-105, 
        515B.1-106, 515B.1-107, 515B.1-116, 515B.2-103, 515B.2-104, 
        515B.2-118, 515B.3-102, 515B.3-110, 515B.3-111, 515B.3-113, 
        515B.3-116, 515B.3-117, 515B.3-118, 515B.3-121, 515B.4-107, 
        515B.4-108, and 515B.4-116 apply only with respect to events and 
        circumstances occurring on and after June 1, 1994.  All other 
        sections referenced in this section apply only with respect to 
        events and circumstances occurring after July 31, 1999.  A 
        section referenced in this section does not invalidate the 
        declarations, bylaws or condominium plats of condominiums 
        created before August 1, 1999.  But all sections referenced in 
        this section prevail over the declarations, bylaws, CIC plats, 
        rules and regulations under them, of condominiums created before 
        August 1, 1999, except to the extent that this chapter defers to 
        the declarations, bylaws, CIC plats, or rules and regulations 
        issued under them. 
           (3) This chapter shall not apply to cooperatives and 
        planned communities created prior to June 1, 1994; except by 
        election pursuant to subsection (d), and except that sections 
        515B.1-116, subsections (a), (c), (d), (e), (f), and (h), 
        515B.4-107, and 515B.4-108, apply to all planned communities and 
        cooperatives regardless of when they are created, unless they 
        are exempt under subsection (e). 
           (c) This chapter shall not invalidate any amendment to the 
        declaration, bylaws or condominium plat of any condominium 
        created under chapter 515 or 515A if the amendment was recorded 
        before June 1, 1994.  Any amendment recorded on or after June 1, 
        1994, shall be adopted in conformity with the procedures and 
        requirements specified by those instruments and by this 
        chapter.  If the amendment grants to any person any rights, 
        powers or privileges permitted by this chapter, all correlative 
        obligations, liabilities and restrictions contained in this 
        chapter shall also apply to that person. 
           (d) Any condominium created under chapter 515, any planned 
        community or cooperative which would be exempt from this chapter 
        under subsection (e), or any planned community or cooperative 
        created prior to June 1, 1994, may elect to be subject to this 
        chapter, as follows: 
           (1) The election shall be accomplished by recording a 
        declaration or amended declaration, and a new or amended CIC 
        plat where required, and by approving bylaws or amended bylaws, 
        which conform to the requirements of this chapter, and which, in 
        the case of amendments, are adopted in conformity with the 
        procedures and requirements specified by the existing 
        declaration and bylaws of the common interest community, and by 
        any applicable statutes. 
           (2) In a condominium, the preexisting condominium plat 
        shall be the CIC plat and an amended CIC plat shall be required 
        only if the amended declaration or bylaws contain provisions 
        inconsistent with the preexisting condominium plat.  The 
        condominium's CIC number shall be the apartment ownership number 
        or condominium number originally assigned to it by the recording 
        officer.  In a cooperative in which the unit owners' interests 
        are characterized as real estate, a CIC plat shall be required.  
        In a planned community, the preexisting plat recorded pursuant 
        to chapter 505, 508, or 508A, or the part of the plat upon which 
        the common interest community is located, shall be the CIC plat. 
           (3) The amendment shall conform to the requirements of 
        section 515B.2-118(d). 
           (4) Except as permitted by paragraph (3), no declarant, 
        affiliate of declarant, association, master association nor unit 
        owner may acquire, increase, waive, reduce or revoke any 
        previously existing warranty rights or causes of action that one 
        of said persons has against any other of said persons by reason 
        of exercising the right of election under this subsection. 
           (5) A common interest community which elects to be subject 
        to this chapter may, as a part of the election process, change 
        its form of ownership by complying with the requirements of 
        section 515B.2-123. 
           (e) Except as otherwise provided in this subsection, this 
        chapter shall not apply, except by election pursuant to 
        subsection (d), to the following: 
           (1) a planned community or cooperative which consists of 12 
        or fewer units subject to the same declaration, which is not 
        subject to any rights to add additional real estate and which 
        will not be subject to a master association; 
           (2) a common interest community where the units consist 
        solely of separate parcels of real estate designed or utilized 
        for detached single family dwellings or agricultural purposes, 
        and where the association has no obligation to maintain any 
        building containing a dwelling or any agricultural building; 
           (3) a cooperative where, at the time of creation of the 
        cooperative, the unit owners' interests in the dwellings as 
        described in the declaration consist solely of proprietary 
        leases having an unexpired term of fewer than 20 years, 
        including renewal options; 
           (4) planned communities and cooperatives limited by the 
        declaration to nonresidential use; or 
           (5) real estate subject only to an instrument or 
        instruments filed primarily for the purpose of creating or 
        modifying rights with respect to access, utilities, parking, 
        ditches, drainage, or irrigation. 
           (f) Section 515B.1-106 shall apply to all common interest 
        communities. 
           Sec. 83.  Minnesota Statutes 2000, section 515B.2-105, is 
        amended to read: 
           515B.2-105 [DECLARATION CONTENTS; ALL COMMON INTEREST 
        COMMUNITIES.] 
           (a) The declaration shall contain: 
           (1) the number of the common interest community, whether 
        the common interest community is a condominium, planned 
        community or cooperative, and the name of the common interest 
        community, which shall appear at the top of the first page of 
        the declaration in the following format: 
                       Common Interest Community No. ....
                      (Type of Common Interest Community)
           
                      (Name of Common Interest Community)
                                  DECLARATION 
           (2) a statement as to whether the common interest community 
        is or is not subject to a master association; 
           (3) the name of the association, a statement that the 
        association has been incorporated and a reference to the statute 
        under which it was incorporated; 
           (4) a legally sufficient description of the real estate 
        included in the common interest community, a statement 
        identifying any appurtenant easement necessary for access to a 
        public street or highway, and a general reference to any other 
        appurtenant easements; 
           (5) a description of the boundaries of each unit created by 
        the declaration and the unit's unit identifier; 
           (6) in a planned community containing common elements, a 
        legally sufficient description of the common elements; 
           (7) in a cooperative, a statement as to whether the unit 
        owners' interests in all units and their allocated interests are 
        real estate or personal property; 
           (8) an allocation to each unit of the allocated interests 
        in the manner described in section 515B.2-108; 
           (9) a statement of (i) the total number of units and (ii) 
        which units will be restricted to residential use and which 
        units will be restricted to nonresidential use; 
           (10) a statement of the maximum number of units which may 
        be created by the subdivision or conversion of units owned by 
        the declarant pursuant to section 515B.2-112; 
           (11) any material restrictions on use, occupancy, or 
        alienation of the units, or on the sale price of a unit or on 
        the amount that may be received by an owner on sale, 
        condemnation or casualty loss to the unit or to the common 
        interest community, or on termination of the common interest 
        community; provided, that these requirements shall not affect 
        the power of the association to adopt, amend or revoke rules and 
        regulations pursuant to section 515B.3-102; 
           (12) a statement as to whether time shares are permitted; 
        and 
           (13) all matters required by 
        sections 515B.1-103(31) 515B.1-103(32), Special Declarant 
        Rights; 515B.2-107, Leaseholds; 515B.2-109, Common Elements and 
        Limited Common Elements; 515B.2-110, Common Interest Community 
        Plat; 515B.3-115, Assessments for Common Expenses; and 
        515B.2-121, Master Associations.  
           (b) The declaration may contain any other matters the 
        declarant considers appropriate. 
           Sec. 84.  Minnesota Statutes 2000, section 517.08, 
        subdivision 1c, is amended to read: 
           Subd. 1c.  [DISPOSITION OF LICENSE FEE.] Of the marriage 
        license fee collected pursuant to subdivision 1b, the court 
        administrator shall pay $55 to the state treasurer to be 
        deposited as follows: 
           (1) $50 in the general fund; 
           (2) $3 in the special revenue fund to be appropriated to 
        the commissioner of children, families, and learning for 
        supervised parenting time facilities parenting time centers 
        under section 119A.37; and 
           (3) $2 in the special revenue fund to be appropriated to 
        the commissioner of health for developing and implementing the 
        MN ENABL program under section 145.9255. 
           Sec. 85.  Minnesota Statutes 2000, section 518.131, 
        subdivision 10, is amended to read: 
           Subd. 10.  [MISDEMEANOR.] In addition to being punishable 
        by contempt, a violation of a provision of a temporary order or 
        restraining order granting the relief authorized in subdivision 
        1, clauses (f), clause (g), (h), or (h) (i), is a misdemeanor. 
           Sec. 86.  Minnesota Statutes 2000, section 541.023, 
        subdivision 6, is amended to read: 
           Subd. 6.  [LIMITATIONS; CERTAIN TITLES NOT AFFECTED.] This 
        section shall not affect any rights of the federal government; 
        nor increase the effect as notice, actual or constructive, of 
        any instrument now of record; nor bar the rights of any person, 
        partnership or corporation in possession of real estate.  This 
        section shall not impair the record title or record interest, or 
        title obtained by or through any congressional or legislative 
        grant, of any railroad corporation or other public service 
        corporation or any trustee or receiver thereof or of any 
        educational or religious corporation in any real estate by 
        reason of any failure to file or record further evidence of such 
        title or interest even though the record thereof is new now or 
        hereafter more than 40 years old; nor shall this section require 
        the filing of any notice as provided for in this act as to any 
        undischarged mortgage or deed of trust executed by any such 
        corporation or any trustee or receiver thereof or to any claim 
        or action founded upon any such undischarged mortgage or deed of 
        trust.  The exceptions of this subdivision shall not include (a) 
        reservations or exceptions of land for right of way or other 
        railroad purposes contained in deeds of conveyance made by a 
        railroad company or by trustees or receivers thereof, unless 
        said reserved or excepted land shall have been put to railroad 
        use within 40 years after the date of said deeds of conveyance, 
        (b) nor any rights under any conditions subsequent or 
        restrictions contained in any such deeds of conveyance.  This 
        act shall not affect any action or proceeding which is now or on 
        January 1, 1948, shall be pending, for the determination of 
        validity of the title to real estate. 
           Sec. 87.  Minnesota Statutes 2000, section 609.596, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DEFINITIONS.] As used in this section: 
           (1) "arson dog" means a dog that has been certified as an 
        arson dog by a state fire or police agency or by an independent 
        testing laboratory; 
           (2) "correctional facility" has the meaning given in 
        section 241.021, subdivision 1, clause (5); 
           (3) "peace officer" has the meaning given in section 
        626.84, subdivision 1, paragraph (c); and 
           (4) "search and rescue dog" means a dog that is trained to 
        locate lost or missing persons, victims of natural or man-made 
        other disasters, and human bodies. 
           Sec. 88.  Minnesota Statutes 2000, section 626.556, 
        subdivision 11, is amended to read: 
           Subd. 11.  [RECORDS.] (a) Except as provided in paragraph 
        (b) and subdivisions 10b, 10d, 10g, and 11b, all records 
        concerning individuals maintained by a local welfare agency or 
        agency responsible for assessing or investigating the report 
        under this section, including any written reports filed under 
        subdivision 7, shall be private data on individuals, except 
        insofar as copies of reports are required by subdivision 7 to be 
        sent to the local police department or the county sheriff.  
        Reports maintained by any police department or the county 
        sheriff shall be private data on individuals except the reports 
        shall be made available to the investigating, petitioning, or 
        prosecuting authority, including county medical examiners or 
        county coroners.  Section 13.82, subdivisions 7, 5a 8, and 5b 9, 
        apply to law enforcement data other than the reports.  The local 
        social services agency or agency responsible for assessing or 
        investigating the report shall make available to the 
        investigating, petitioning, or prosecuting authority, including 
        county medical examiners or county coroners or their 
        professional delegates, any records which contain information 
        relating to a specific incident of neglect or abuse which is 
        under investigation, petition, or prosecution and information 
        relating to any prior incidents of neglect or abuse involving 
        any of the same persons.  The records shall be collected and 
        maintained in accordance with the provisions of chapter 13.  In 
        conducting investigations and assessments pursuant to this 
        section, the notice required by section 13.04, subdivision 2, 
        need not be provided to a minor under the age of ten who is the 
        alleged victim of abuse or neglect.  An individual subject of a 
        record shall have access to the record in accordance with those 
        sections, except that the name of the reporter shall be 
        confidential while the report is under assessment or 
        investigation except as otherwise permitted by this 
        subdivision.  Any person conducting an investigation or 
        assessment under this section who intentionally discloses the 
        identity of a reporter prior to the completion of the 
        investigation or assessment is guilty of a misdemeanor.  After 
        the assessment or investigation is completed, the name of the 
        reporter shall be confidential.  The subject of the report may 
        compel disclosure of the name of the reporter only with the 
        consent of the reporter or upon a written finding by the court 
        that the report was false and that there is evidence that the 
        report was made in bad faith.  This subdivision does not alter 
        disclosure responsibilities or obligations under the rules of 
        criminal procedure. 
           (b) Upon request of the legislative auditor, data on 
        individuals maintained under this section must be released to 
        the legislative auditor in order for the auditor to fulfill the 
        auditor's duties under section 3.971.  The auditor shall 
        maintain the data in accordance with chapter 13. 
           Sec. 89.  Minnesota Statutes 2000, section 628.26, is 
        amended to read: 
           628.26 [LIMITATIONS.] 
           (a) Indictments or complaints for any crime resulting in 
        the death of the victim may be found or made at any time after 
        the death of the person killed.  
           (b) Indictments or complaints for a violation of section 
        609.25 may be found or made at any time after the commission of 
        the offense. 
           (c) Indictments or complaints for violation of section 
        609.42, subdivision 1, clause (1) or (2), shall be found or made 
        and filed in the proper court within six years after the 
        commission of the offense.  
           (d) Indictments or complaints for violation of sections 
        609.342 to 609.345 if the victim was under the age of 18 years 
        at the time the offense was committed, shall be found or made 
        and filed in the proper court within nine years after the 
        commission of the offense or, if the victim failed to report the 
        offense within this limitation period, within three years after 
        the offense was reported to law enforcement authorities. 
           (e) Notwithstanding the limitations in paragraph (c) (d), 
        indictments or complaints for violation of sections 609.342 to 
        609.344 may be found or made and filed in the proper court at 
        any time after commission of the offense, if physical evidence 
        is collected and preserved that is capable of being tested for 
        its DNA characteristics.  If this evidence is not collected and 
        preserved and the victim was 18 years old or older at the time 
        of the offense, the prosecution must be commenced within nine 
        years after the commission of the offense. 
           (f) Indictments or complaints for violation of sections 
        609.466 and 609.52, subdivision 2, clause (3), item (iii), shall 
        be found or made and filed in the proper court within six years 
        after the commission of the offense. 
           (g) Indictments or complaints for violation of section 
        609.52, subdivision 2, clause (3), items (i) and (ii), (4), 
        (15), or (16), 609.631, or 609.821, where the value of the 
        property or services stolen is more than $35,000, shall be found 
        or made and filed in the proper court within five years after 
        the commission of the offense. 
           (h) Except for violations relating to false material 
        statements, representations or omissions, indictments or 
        complaints for violations of section 609.671 shall be found or 
        made and filed in the proper court within five years after the 
        commission of the offense.  
           (i) Indictments or complaints for violation of sections 
        609.561 to 609.563, shall be found or made and filed in the 
        proper court within five years after the commission of the 
        offense. 
           (j) In all other cases, indictments or complaints shall be 
        found or made and filed in the proper court within three years 
        after the commission of the offense. 
           (k) The limitations periods contained in this section shall 
        exclude any period of time during which the defendant was not an 
        inhabitant of or usually resident within this state. 
           (l) The limitations periods contained in this section for 
        an offense shall not include any period during which the alleged 
        offender participated under a written agreement in a pretrial 
        diversion program relating to that offense. 
           (m) The limitations periods contained in this section shall 
        not include any period of time during which physical evidence 
        relating to the offense was undergoing DNA analysis, as defined 
        in section 299C.155, unless the defendant demonstrates that the 
        prosecuting or law enforcement agency purposefully delayed the 
        DNA analysis process in order to gain an unfair advantage. 
           Sec. 90.  [REVISOR'S INSTRUCTION.] 
           The revisor shall delete "118" and substitute "118A" in the 
        following sections of Minnesota Statutes:  52.04, 383B.702, 
        427.09, 446A.11, 462.396, 469.113, 471.88, and 471.981. 
           Sec. 91.  [REPEALER.] 
           (a) Minnesota Statutes 2000, section 13.485, subdivision 2, 
        is repealed. 
           (b) Minnesota Statutes 2000, section 13.99, subdivision 1, 
        is repealed. 
           (c) Minnesota Statutes 2000, section 115B.22, subdivision 
        8, is repealed. 
           (d) Minnesota Statutes 2000, section 148.6402, subdivision 
        18, is repealed. 
           (e) Minnesota Statutes 2000, section 168.54, subdivision 6, 
        is repealed. 
           (f) Minnesota Statutes 2000, sections 181B.01; 181B.02; 
        181B.03; 181B.04; 181B.05; 181B.06; 181B.07; 181B.08; 181B.09; 
        181B.10; 181B.101; 181B.11; 181B.12; 181B.13; 181B.14; 181B.15; 
        181B.16; and 181B.17, are repealed. 
           (g) Minnesota Statutes 2000, section 383.001, is repealed. 
           (h) Minnesota Statutes 2000, section 462.352, subdivision 
        17, is repealed. 
           (i) Minnesota Statutes, section 469.301, subdivisions 6, 7, 
        and 8, are repealed. 
           (j) Minnesota Statutes 2000, section 566.18, is repealed. 
           (k) Laws 1997, chapter 85, article 4, section 29, is 
        repealed. 
           (l) Laws 2000, chapter 254, section 30, is repealed. 
           (m) Laws 2000, chapter 444, article 2, sections 9 and 10, 
        are repealed. 
           Sec. 92.  [EFFECTIVE DATE.] 
           Section 52 is effective the day following final enactment. 
           Presented to the governor March 12, 2001 
           Signed by the governor March 15, 2001, 10:15 a.m.

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